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2016-09-19_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, September 19, 2016 6:00 pm Council Chamber Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council/Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Potential Litigation 10.2(4)(a,b,g) 1.3 Legal Matter 10.2(4)(a,b,f,g,j) 1.4 Personal Matter 10.2(4)(b) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) Regular Meeting 1. Call to Order 2. Approval of Minutes 2.1 Minutes of September 6, 2016 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Fundy Soccer ❑Request for Sponsorship (Recommendation: Refer to the Community Grants Evaluation Committee) 5.2 Samuel -de -Champlain Event #D6fiMiracle2016 ❑Request for Support (Recommendation: Refer to the Community Grants Evaluation Committee) 5.3 Cleanup of the Property at 94 and 96 Woodhaven Drive (PID 00370288) pursuant to the Unsightly Premises and Dangerous Buildings and Structures By -Law (Recommendation in Report) 5.4 Demolition of Vacant, Dilapidated and Dangerous Building at 90 Victoria Street (PID 00380428) (Recommendation ion Report) 5.5 Saint John Theatre Company ❑Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.6 Cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair (Recommendation in Report) 5.7 Safe Clean Drinking Water Project ❑Consent Agreement for the Proposed ( QFUUI<P HSI ®iW IFN3ISl )HqU 3 (Route 7, Ocean Westway and Pipeline Rd. West) (Recommendation in Report) 5.8 2016 Capital Budget Harbour Station (Recommendation in Report) 5.9 Stop -Up and Closure and Subsequent Sale of Portion of Southwark Street to Maritime Abrasives Ltd. (Recommendation in Report) 5.10 Extension of the Multifunctional Printer Agreement with Konica Minolta (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National Seniors Day []October 1, 2016 8. Delegations / Presentations 8.1 The Community Foundation Presentation 8.2 Human Development Council Presentation 9. Public Hearings 116:30 pm 10. Consideration of By-laws 10.1 Third Reading El Proposed Zoning ByLaw Amendment 239-241 Loch Lomond Road 11. Submissions by Council Members 12. Business Matters ❑Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Amazeatorium F1 Request to Present to Common Council 16. Supplemental Agenda 17. Committee of the Whole 17.1 Parking Lot Compliance Program 17.2 Recommendation for Pension under the Act respecting the Saint John ) UHIJxWVEV44UMAQ / ❑' ❑ 18. Adjournment Ville de Saint John Seance du conseil communal Le lundi 19 septembre 2016 18 h, Salle du conseil Comite pl6nier 1. Ouverture de la seance Si vous souhaitez obtenir des services en franrais pour une r6union du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil/comit6 prendra une ou des d6cisions a cet &gard au cours de la s6ance publique 16 h 30 []Salle de conference, 8e etage, h6tel de ville 1.7 Approbation du proces-verbal ❑paragraphe 10.2(4) 1.8 Litiges possibles ❑alin6as 10.2(4)a), b), g) 1.9 Question juridique ❑alin6as 10.2(4)a), b), j), g, j) 1.10 Question relative au personnel ❑alin6a 10.2(4)b) 1.11 Question financiere ❑alin6a 10.2(4)c) 1.12 Question financiere ❑alin6a 10.2(4)c) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 6 septembre 2016 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 11approbation du conseil 5.1 Fundy Soccer ❑Demande de commandite (recommandation : transmettre au Comit6 d'6valuation des subventions communautaires) 5.2 Ev6nement au Centre scolaire-communautaire Samuel -de - Champlain: D&fiMiracle20l6 ❑Demande de soutien (recommandation transmettre au Comit6 d'6valuation des subventions communautaires) 5.3 Nettoyage de la propri6t6 situ6e aux 94 et 96, promenade Woodhaven (NID 00370288) en vertu de 1'Arr&& relatif aux lieux inesth6tiques et aux bdtiments et constructions dangereux (recommandation figurant au rapport) 5.4 136molition du batiment vacant, d6labr6 et dangereux situ6 au 90, rue Victoria (NID 00380428) (recommandation figurant au rapport) 5.5 Demande soumise par la Saint John Theatre Company en vue de se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.6 R6siliation du contrat no 2015-08 relatif a la r6paration d'une conduite d'eau brute principale de 1 500 mm de diam&tre (recommandation figurant au rapport) 5.7 Projet Eau potable saine et propre ❑Convention de consentement relative A 1'empi&tement propos& de la soci&t& Brunswick Pipeline ❑Croisements KP -26.789, 27.559 et 27.927 (route 7, voie Ouest Ocean et chemin Pipeline Ouest) (recommandation figurant au rapport) 5.8 Budget d'immobilisations de 2016 ❑Harbour Station (recommandation figurant au rapport) 5.9 Fermeture et barrage et vente subs&quente d'un trongon de la rue Southwark a Maritime Abrasives Ltd. (recommandation figurant au rapport) 5.10 Prolongation de 1'entente relative a l'imprimante multifonction avec Konica Minolta (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e nationale des ain6s le 1' octobre 2016 8. Delegations et presentations 8.1 Pr6sentation de la fondation communautaire 8.2 Pr6sentation du Conseil du perfectionnement social 9. Audiences publiques E 1 h 30 10. Etude des arret6s municipaux 10.1 Troisi&me lecture du prof et de modification de Parr&& sur le zonage relativement aux 239-241, chemin Loch Lomond It. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Amazeatorium ❑Demande de presentation devant le conseil communal 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Programme lance pour assurer le respect des normes liees au stationnement 17.2 Recommandation concernant une pension en vertu de la loi relative a la Saint John Firefighters' Association (la « HLA >)) 18. Levee de la seance 100 - Council Minutes- Regular Meeting September 6, 2016 MINUTES 100 - Common Council Minutes September 6, 2016 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of items: 17.1 Last Chance Agreement; 17.2 SCDWP 100 - Council Minutes- Regular Meeting September 6, 2016 5.11 That as recommended by the City Manager in the submitted report M&C 2016-232: Contract No.: 2016-14: Westgate Park Drainage Basin Storm Sewer Improvements, the contract be awarded to the low Tenderer, TerraEx Inc., at the tendered price of $842,237.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out for each consent agenda item respectively, excluding items 5.6 and 5.8 that have been removed for discussion, be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Big Brothers Big Sisters Month - September 2016 The Mayor proclaimed September 2016 as Big Brothers Big Sisters Month in the City of Saint John. 7.2 Shinerama Saint John Week - September 5-9, 2016 The Mayor proclaimed the week of September 5-9, 2016 as Shinerama Saint John Week in the City of Saint John. 7.3 Recovery Day - September 16, 2016 The Mayor proclaimed September 16, 2016 as Recovery Day in the City of Saint John. 7.4 National Coaches Week - September 17-25, 2016 The Mayor proclaimed the week of September 17-25 as National Coaches Week in the City of Saint John. 8. Delegations/Presentations 8.1 Imperial Theatre Presentation L. Bolton, Executive Director Imperial Theatre, updated Council on the 100 - Common Council Minutes September 6, 2016 8.2 Third Shift Presentation Emily Saab, Executive Director Third Space Gallery, and Christiana Myers, President Board of Directors, presented on the third annual Third Shift Night held on August 19th and the Third Space Gallery. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the presentation be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 9.1 Presentation from Staff - Proposed Rezoning and Variation 239-241 Loch Lomond Road 9.1.1 Planning Advisory Committee Recommendation for Approval of Rezoning 9.1.2 Proposed Rezoning 239-241 Loch Lomond Road (1st and 2ndReading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 239-241 Loch Lomond Road, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with the applicant for the rezoning, Gino Doucet, 167 Anchorage Avenue, presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 100 - Council Minutes- Regular Meeting September 6, 2016 10. Consideration of By-laws 10.1 Proposed Traffic Bylaw Amendment (3rd Reading) Responding to questions, Transit and Parking CEO I. MacKinnon assured Council that there will be a 4 week implementation period. During the implementation there will be communication to the public advising where parking spaces are available in the area. Moved by Councillor Reardon, seconded by Councillor Merrithew: RESOLVED that the by- 100 - Common Council Minutes September 6, 2016 13.2 Terms of Reference - Growth Committee Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that Common Council approves the submitted Terms of Reference for the Growth Committee as a 6 month Pilot Project as outlined in the report entitled Terms of Reference - Growth Committee. MOTION CARRIED. 13.3 Terms of Reference - Finance Committee The Chair of the Finance Committee outlined the Terms of Reference. The City Manager clarified that the Committees only make recommendations to Common Council. The final decision to approve or reject the recommendation rests with Common Council. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council approves the expanded Terms of Reference for the Finance Committee as a 6 month Pilot Project as outlined in the submitted report entitled Terms of Reference - Finance Committee. 1► I:QIIQ0ML1ilk] ilk] I119a 14. Consideration of Issues Separated from Consent Agenda 14.1 Award of Tender - Carleton Community Centre Window Replacement Phase One (2016-085101T) Responding to questions, T. Gamblin advised that the windows are 30 years old, repairs have been done, the windows are still leaking air and water. Replacing the windows will improve the energy efficiency of the building and stop the leaking. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-224: Award of Tender - Carleton Community Centre Window Replacement Phase One (2016-085101T), the tender submitted by Eclipse Construction Services Ltd., for the replacement of select windows of the Carleton Community Centre, in the amount of $197,279.96 including HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $20,000, for a total amount of $217,279.96. Factoring the HST rebate, the total tender cost is $178,900.32 plus $20,000 for the contingency allowance. MOTION CARRIED. 14.2 Fall 2016 Debenture Application Responding to questions, the Commissioner of Finance advised that the debenture is related to the new capital borrowing for projects approved in previous capital budgets and refinancing of capital at lower rates. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council adopt the recommendation in the submitted report M&C 2016-221: Fall 2016 Debenture Application, as follows: F1 100 - Council Minutes- Regular Meeting September 6, 2016 Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government Protective Services Transportation Services Economic Development Parks and Recreation SAINT JOHN TRANSIT COMMISSION REFINANCE DEBENTURES Debenture No. AV 15-2006 (General Fund $ 300,000 $ 200,000 $ 1,100,000 $ 1,600,000 $ 1,300,000 $ 3,670,000 $ 4,500,000 $ 1,000,000 100 - Common Council Minutes September 6, 2016 years for the General Fund and Saint John Transit Commission and refinancing term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. MOTION CARRIED. 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Last Chance Aereement Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on September 6, 2016, Common Council approve and authorize the Mayor and Common Clerk to execute the unredacted version of a Last Chance Agreement in the form presented to Committee of the Whole in closed session at its meeting of August 22nd, 2016, the redacted version of which (in accordance with the Right to Information and Protection of Privacy Act) is attached to correspondence from His Worship, Mayor Darling, to Common Council, dated August 22nd, 2016. MOTION CARRIED. 17.2 SCDWP 100 - Council Minutes- Regular Meeting September 6, 2016 4. Common Council direct staff to call for quotations to demolish the former Synagogue, located at 76 Carleton Street. MOTION CARRIED with Councillor Reardon, voting nay, stating the following reason: the Synagogue is a heritage building, the heritage buildings are the brand of Saint John, not new structures. 17.4 Rogers Media Inc. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on September 6t", 2016 Common Council adopts the following: The City of Saint John enter into the Letter of Agreement with Rogers Media Inc. and that the Mayor and Common Clerk be authorized to execute the necessary documentation. MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Strowbridge: RESOLVED that the meeting of Common Council held on September 6, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:54 p.m. Mayor / maire Common Clerk / greffier communal Dear Mayor & Council: 48 Hampton Road Rothesay, NB E2E 51-2 Phone: (506) 847-9406 fundysoccer@nb.aibn.com www.fundysoccernb.org Fundy Soccer's proud to announce our Fundy U16 Girls team has qualified to compete in this year's Club National Soccer Championship. The team will be traveling to Lethbridge Alberta from October 4th -October 11th. We are looking for your support in their efforts to raise money to assist with the team travel expenses, approximately $35,000. Fundy Soccer will be running a congratulatory spread in the Telegraph Journal October 101h in support of the team are hoping you can help them reach their goal by purchasing one of the following newspaper ads: -Business Card - $250.00 -Double business size- $400.00 -Banner - $1000.00 Thank you for your support for youth sports in the community. For further information regarding fundraising please contact the Fundy Soccer office at 847-9406. Sincerely, Cheryl MacMaster Office Administer Fundy Soccer September 12, 2016 Mayor and council, This fall, a motivated team of teachers at the Centre scolaire Samuel -de -Champlain will be organizing an exciting community event for students from kindergarten to Grade 12, on Friday, September 30th and Saturday October 1St The event, which is called the #DefiMiracle2016, will invite young people to go for a run on Friday morning, ending with a healthy snack. Community members will then be invited to run 5km Saturday morning along Harbour Passage, ending with a healthy snack, and a visit to various booths promoting healthy habits and wellness (ex. : physiotherapists, nurses, radio, snacks, registration, and massage). Our goal is to raise funds for the "Miracle Challenge" (managed by the Children's Miracle Network), which supports our local children's hospital, the IWK in Halifax, as well as local charity, the Marie -Christine Foundation. During the community event Saturday, October 1st, 2016, all participants who pre -register will receive a participation t -shirt, a medal and a race number. The race itself will be managed by RunNB, and will begin at 9:00 am, and will end at approximately 11:00. Last minute registrations will be handled at a registration booth the morning of the race. At the healthy snack booth, we would like to serve bananas, bagels, oranges, apples, milk (chocolate and white 1%), and some water (at the booth and at the halfway point). This section will be present on both days, at the school and along Harbour Passage. To ensure success, we will also need additional promotional materials, including posters, and large backdrop for our finish -line photo booth. The organizing committee for the event #DefiMiracle2016 would be very grateful for your support for this exciting initiative. If you have questions, please do not hesitate to contact us. Sincerely, M61issa Beaupr6-Perron, Scott Perron, Caroline Doucet, Manon Savoie, Valerie Dussault The event Organization Committee for #D6fiMiracle20l6 Email: melissa.beaupreknbed.nb.ca (please send logo to this email for publicity purposes) 67 Ragged Point Road Saint John, NB E2K 5C3 Tel : (506) 658-4613 Fax : (506) 643-6205 ■■ For summer break, please contact : Melissa Beaupr6-Perron, Scott Perron, Caroline Doucet, Manon Savoie, Valerie Dussault The event Organization Committee for #D6fiMiracle20l6 7 Greenwood drive, Quispamsis, N. -B. E2E 2T6 Tel: (506) 216-0142 or (506) 227-9641 Le 12 septembre 2016 Maire et conseil, Quelques enseignant.es du Centre scolaire communautaire Samuel -de -Champlain organisent un 6v&nement rassembleur et communautaire pour les 61&es de la maternelle a la 12e ann6e soit le vendredi 30 septembre et samedi le ler octobre. ❑C13I14W SRP SOMEUT P HIET pIIOO1Q FRWVTRq�I111 faire une course le vendredi matin qui se terminera en beaut6 avec une bonne collation sant6. Le samedi matin, se sera au tour des membres de la communaut6 de courir un beau 5km sur le «HarERE]1SDAUHI TELVTW P I(-EE4VDEBP Hj� ®FIFA des divers kiosques visant le mieux-etre (ex.: physio, infirmi&re, radio, collation, inscription, massage). ( WQKW HyXjRWUUffWJM93EIPP JTEW 1Q1H3M111P SIJ ❑ QREJ DEEP ILEED IEFU1=KA T H l p 1P ESE1A`XD❑I0ffHQC3M IEFICI1 FW RNI1TQB1ED1QvEBR1 donn6 a notre h6pital local pour enfants - IWK a Halifax. De plus, une partie des dons amasses sera 6galement offerte a la fondation Marie -Christine qui n6cessite autant le besoin financier. ERNUR*E4W HYERP P QIP H=UEWFM I i I avant une date sp6cifi6e recevron �I EOWSII ZQI I p(DUUMNII'E111"UKU comportant un num6ro de course. La course est enregistr&e par RunNB. Les gens auront OUFDHQEHVWMU IIID H QWSRCI3M] 11S T" IQ❑ IiC M] un kiosTE EES)ffli DJQP eme de la course. Celle-ci d6butera a 9h00 et se terminera vers 11 h00. Tel que mentionn6, nous aurons un salon des kiosques afin de promouvoir la sant6 et le mieux- rVkM=Q111FHvMNTEHpour lequel nous cherchons des sous serait justement une collation sant6 dans lequel nous aimerions servir des bananes, des bagels, des oranges, des pommes, du lait (chocolat 1% et blanc m EJA1MlQTW mi-chemin). Et ce, pendant les 2 journ6es, donc a (*FROBA Harbour Passage ». '/MPMP P HSM q IQMP S IEIP HE plusieurs affiches pour que nous puissions promouvoir notre 6venement unique. De m6me que nous aimerions avoir une trios grande affiche pour notre kiosque a photos ainsi que les cartons ayant des anecdotes cocasses en guise de souvenir. SRP l*TRFJDQADM13EFflXv6nement #D6fiMiracle20l6 vous serait grandement reconnaissant (3IESSELB1ZZs d6marches et notre initiative. 11,41111111 I licit us kvd No 1," "Ke111 ,1 71 ■I\ ■\!'7■i C1111111. ON0 WISY kli 111111111110111 ■ 111 ■■ 11 (1171 .' 11:Ri1[! Ilii ' • , 11111' 111 1. ILII' ■ 111' ■ ti 111'x■ 11 11111 1 111 Jill (@ill, iii 11:11'1111 If Melissa Beaupr6-Perron, Scott Perron, Caroline Doucet, Manon Savoie, Valerie Dussault EIRP DU3DMIU4(1)pE1W W pIIO LE (K= Courriel: melissa.beaupreknbed.nb.ca 3TS 1 11111111�L(BtJR[ LIQ i� de la publicite.) 67, chemin Ragged Point Saint-Jean, NB E2K 5C3 Tel : (506) 658-4613 Fax : (506)643-6205 COUNCIL REPORT M&C No. 2016-233 Report Date September 13, 2016 Meeting Date September 19, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Cleanup of the Property at 94 and 96 Woodhaven Drive (PID#00370288) pursuant to the Unsightly Premises and Dangerous Buildings and Structures By-law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Katelyn Davis Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup and permanent disposal of the junk, rubbish, refuse, residue of production or construction, derelict vehicle, equipment, machinery and/or parts thereof at 94 and 96 Woodhaven Drive (PID#00370288), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under the Unsightly Premises and Dangerous Buildings and Structures By-law, pursuant to Section 190 of the Municipalities Act for the property at 94 and 96 Woodhaven Drive. The unsightly condition in the Notice has not been remedied by the owners within the required time frame and despite granting a request for extension of time. Staff is requesting authorization from Council to arrange the cleanup of the property. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT MAN Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law M = AMHI EEELIG1 fl Il FP P EEIW11T FT 1 T $ IT to create a livable community. REPORT The property at 94 and 96 Woodhaven Drive is a single family home located in a quiet residential neighbourhood in the City am starting cleanup activities at this property. Cost of the cleanup work is estimated to be $2,000 to $4,000 and will take about 2-5 weeks before the clean-up is complete. FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, e.M-22, s.190.01(3)) Parcel Identifier: 370288 Address. 94 and 96 Woodhaven Drive, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Willard, George N. Address: 94 Woodhaven Drive, Saint John, New Brunswick, E2K 4N6 Municipality issuing notice. The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Provision(s) contravened: Paragraph 190.01(1) of the Municipalities Act, and amendments thereto. Description of condition(s): The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", annexed hereto, a true copy of the Inspection Report dated June 24, 2015 signed by Pamela Bentley, Standards Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the premises into compliance with the By-law. Date by which the remedy or remedies must occur: : FORMULE 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M-22, par. 190.01(3)) Numero d'identification de la parcelle : 370288 Adresse: 94 et 96, promenade Woodhaven, Saint John, Nouveau -Brunswick Proprietaire(s) ou occupant(s) : Nom : Willard, George N. Adresse: 94, promenade Woodhaven, Saint John, Nouveau -Brunswick, E2K 4N6 Municipalite signifiant Pavis :The City of Saint John Arrete enfreint : Arrete concernant les bdtiments et structures inesthetiques ou dangereux dans the City of Saint John, Arretd numdro M-30, ainsi que les modifications affdrentes (1' « Arrdte »). Disposition(s) enfreinte(s) : Le paragraphe 190.01(1) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Les conditions des lieux no sont pas en conformite selon les standards prevus dans I'Arrete. Les conditions des lieux sont decrites a 1'annexe "A" ci joint, une eopie conforme du rapport d'inspection en date du 24 juin 2015 sign par Pamela Bentley, une agente des normes. Mesure(s) a prendre : Le proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnd et d'amener les lieux en conformitds avec i'Arretd. Date it laquelle la ou les mesures doivent etre prisesi : Within 75 days of being served with the Notice to Dans les 75 jours qui suivent la signification de Pavis Comply. de conformite. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may, within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'"' Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L 1. Potential penalty for non-compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, commits an Date a laquelle un appel de l'avis peat etre depose: Dans les 14 jours qui suivent la notification de 11avis de conformit6. Processus d'appel - Le propridtaire peut dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de l'h6tel de ville, 8e etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L Penalite possible pour non-conformite dans le delai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites prevoit quiconque om,et de se conformer aux exigences formuldes dans un avis de conformite notiR6 aux termer de Particle 190.011 de ladite loi, offence that is punishable under Part II of the Provincial commet une infraction qui est punissable en vertu de Offences Procedure Act as a category F offence. la Partie II de la Lai sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Municipality's authority to undertake repairs or remedy:s Paragraph 190.04(1) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and the owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the L+day of June, 2015 Municipality: The City of Saint John Lalure of Municipal Officer: Municipal Officer's Contact information Name: Pamela Bentley, P.Eng. Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square, City Hall Building, 10t" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: 506-658-2911 Telecopier: 506-632-61 9 Email: patnela.bAvaa Seal of Notes: udi 4tfo A 1. All appropriate e obtained and all relevant legislation must be comp ie with in the course of .carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. I Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax 'Notice. P'ouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesuress : Conformement au paragraphe 190.04(1) de la Loi sur les municipalites, si un avis de conformite a ete notifie aux termes de Particle 190.011 de ladite loi et, que le proprietaire ou Poccupant ne se conforme pas a cet avis de conformite' dans le d6lai imparti et tel qu'il est repute confirme ou tel qu'il est confirnnd ou modifie par un comite du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de cc propri6taire ou de cet occupant et les frais relatifs a Pex6cution de ces travaux, y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de l'oecupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le _juin 2015. Municipalite : The City of Saint John Signature de la representante municipale : Coordonnees de la representante municipale : Nom : Pamela Bentley, ing Adresse postale : Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square, Edifice de Ph6tel de ville, 10e etage, Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506.658-2911 T61ecopieur : 506-632-6199 Courriel: pamela.benticy@saintjohn.ca Sceau de la municipalit6 Notes : 1. Tous les permis prescrits doivent @tre obtenus et toute la l6gislation pertinente doit etre respectde, pendant 1'execution de la mesure de recours. 2. Le paiement de Pamende n'annule pas l'obligation de respecter 1'arrete, la norme ou Pavis de conformit6. I Les touts deviennent une dette envers la municipalit6 et peuvent etre ajout6s 'a 1'avis d'6valuation et d'impot foncier municipal et provincial. Inspection Report Schedule "A" Inspection Date: June 16, 2015 Inspector: Vince Chan Property Address: 94 — 96 Woodhaven Drive, Saint John, NB PID: 37026$ I hmby =rfdfj that this &amm mgi1af coDpyo Le Qpgi�.. Dii-ed a1 Sai�-A John this Z4 -&y of �. �,,�=SWndar& Officer At an inspection of the above property on June 16, 2015, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(1) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(1) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) A dilapidated building." At the property, the following violations of Municipalities Act Section 190.01(1) were noted: (a) Ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery. General Comments about the violations at the property: There is an accumulation of wood, sheathing, machinery, disassembled fencing, concrete blocks, scrap metal, plastic buckets, garbage cans, rubber floor mats, wooden cupboards, a deteriorated camping trailer, tires, window frames, doors and shelving being stored on the front, sides and rear lawns of the property. The property is in an unsightly condition and is not in compliance with the by-law. Required remedies: All items on the front, sides and rear lawns must be removed and disposed of at an appropriate landfill site. Alternatively, they may be stored. Should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient in size so as to hold the items and provide full enclosure. The unsightly conditions at the premise must be remedied and the property brought into compliance with the by-law. "'& 6'a6 r— Report Prepared and Signed by Pamela Bentley, P. Eng. z 01s Da e CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN ,-- AFFIDAVIT OF SERVICE f (4 4 of the Community of Nerepis in the County of Kings and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS - 71 -1 �--- I ' On the e!� day of ,� , 2015, I served A(- Gam! LLC- ZQ with the following documents: • a Notice to Comply, attached hereto as Exhibit "A"; s a NntirP of Anni-A nttar.hPrl hPrP.tn ac F.xhihit "R"- 2. I was able to identify the person served by means of the fact tha he)she acknowledged toe h / she was Sworn To before me at the City of Saint John, N.B., on the } ' day of 2015 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2019 FETE] j � � � \ �� ''� ■ 1, f pt Ole o � { kid - r. ,iM'.! •_{ It IL41. kw�- A_4 -67 A IN _�41w - dllbd i 1 41. _ ,2,4F -gmmlla- 0, � 94and 96\�/oodh Drive, vv5aint]ohn,Ne Front yard uu Photo Brunswick P|D#00370288 ). pv 09- 1 2 201 6 Ago L. 40�_' "C yam" { .2-{ * TF t, 0-4 09 12 2016 a !� . I 12 2016 MI 61 dr, ��? `�'' '�'+� + �- ori'- + . ..• w�- • a ■ of ,y � �F � ¢;�,�r� w'7r.. + r k A -Z AMA Imp p MINNOW, f5 } J- 0 ,+ 6 op 4 ' -� � - j � � '�_. �� tom• `*M1 5.-17 j COUNCIL REPORT M&C No. 2016-234 Report Date September 13, 2016 Meeting Date September 19, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 90 Victoria Street (PID#00380428) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Katelyn Davis Amy Poffenroth I Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 90 Victoria Street (PID#00380428), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Section 190 of the Municipalities Act for the building at 90 Victoria Street, the hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for direction from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- -2 - REPORT The property at 90 Victoria Street has one building on the premise; a two-storey wood framed building with an attached single -storey concrete block and wood framed shed which pose a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation and unsoundness of structural strength. -3- CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 90 VICTORIA STREET SAINT JOHN, N.B. (PID number 380428) AFFIDAVIT OF SERVICE I, Evan Almon, of Saint John, N.B., Make Oath And Say As Follows. 1. 1 am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. 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Cd Ln Ln Zp sm. cci C5 Coe "0� � y"� � ��cd � -� C) �n -'s vi +- '� O 47 i E 41 O 0 O � O cd fL cd r cd bD to PJ U o 42 a~ v vO U n Ly Cd4 }ao] E4 tUd E O by �, , O s , p .c pa O!} -b U 1 p' c U o� ��o 0o�?0°¢��vva� ��o°off o o a CO 2x o ` -o ° is o° ani o �" cncd rn Q "O O vs ° y Q y' cd O PLq P, bq �ol , Q H 0 En O N T bR • U � � v �' O � i w v' cid v 'p .� � O Cd 45 oi H Ha ct P4° rZo 0 vn 90 Victoria Street, S�jptJohn, New Brunswick PID# Photo 1 00380428 90 Victoria Street, ��ntJohn, New Brunswick PID# 00380428 Photo 2 0 W 90 Victoria Street, Szqjp�John, New Brunswick PID# 00380428 Photo 3 �4 - _MCI,u lot 90 Victoria Street, ��ntJohn, New Brunswick PID# 00380428 Photo 5 90 Victoria Street, Saint Inhn, New Brunswick Interior of Building PID# 00380428 Photo 6 90 Victoria Street, *ntJohn, New Brunswick Photo 7 Interior of Building PID# 00380428 1 4 1 f lNow l E" �Iv Oakpt 90 Victoria Street, [5�aintJohn, New Brunswick Photo 8 Interior of Building PID# 00380428 90 Victoria Street, [5�aintJohn, New Brunswick Photo 9 Interior of Building PID# 00380428 90 Victoria Street, [5�aintJohn, New Brunswick Photo 10 Interior of Building PID# 00380428 S A - f x H N1 ' OEAT E 6IjvnFAA ,,Tv August 17, 2016 To: The Mayor and Council of the City of Saint John From: Stephen Tobias: The Saint John Theatre Company Inc. Re: Update to council on company activities. Cr'2/2016 --------------- I am writing on behalf of the Saint John Theatre Company board and members in hopes that I may be able to make a public presentation to council. The company continues to maintain an aggressive growth program and, as there is now a new mayor and council, we would appreciate the opportunity to share our recent successes and to offer more details on some of our more recent programs that support education initiatives in our community and throughout Southern NB. There will be no specific request for funding as we will be applying under the new City of Saint John funding programs. However, as one of the larger cultural organizations in Saint John, we would welcome the opportunity to fully brief the mayor and council on the full scope of SJTC activities and the impact that the company is creating in the Greater Saint John region and beyond. It is our request that I and some of the key SJTC board members be permitted 15 minutes to make a public presentation at a council meeting sometime this fall. I'd like to take this opportunity to thank the City of Saint John for many years of support to -the SJTC and our many activities within the community. On behalf of our board, staff, audience, professional guest artists, and alumni, I'd like to state that we would not be the organization we are without the years of municipal support we have received. Thank you. Executive Director The Saint John Theatre Company Inc. CC: Dean B Turner: Board president 112 Princess Street • Saint John r, New Brunswick e E2L 1K4 Telephone: 506-652-7582 , Fax: 506-652-7585 www.sainjohntheatrecompany.com nn AINeT ,` HN THEATRE COMPANY YOUTH INTERACTICN DURING THE 2015 - 2016 SEASON ]uS Tx PC-.glOIIal t#IJrI :rE +ooj I :rArj � —� Cf71Fy `JiC '6-,z'rif'r�IIIL�I{ I.-IK� II'Ic51'J--J2 Ju�li`q=� rk7e1�/rT.r.7rC1 i U.`" 3.I T:' }'t r:lll SI'I[lf IfY ;`-r�J{:"Ir r.9rl SL' ' C -f Ir t �r_Ilrpr aw Y • 1 � ok I.. '�I ; I � _ ;� _ _ . •r� 1=•_01 y;�'�•,17 �-�r�I�� ..�r�r'�rx Shun.en as pol-4.-ipatE Jjn 0.0&.6 Gii?f.4 pei'lorr make <A Wur-8rkle u1 Trfe.Fk Jerlcran PIoyhoo5e, cr; r'a43N, 1U 1-S f Emc ri'Neo-:1c. .:I-)irn-. ..1 IIie: 7�J7C 5'.' t r S I N -T N THEATRE COMPANY MUSICAL COMPONENTS DURING THE 201 - 2016 EAS 1 V..: I._ w• "`1 ':,.kC' [ .C.''.': lvt.. , I.'.. :`1" r ' ''.1 -'"II . K,iren I'=;�'i`-lid'fGflYIDrl°Jf�rlu I!i!JCGry• T J , Iry 1 h 1 .sa -.r Fe—rr, , .� 1r r1 :vm I , 11-r.: 1'Srorn _'rlilh x .00 - .R--'YW�� 41(�r 11}11} �'qr 1 .W,-. - y C=;=1 ,�C:.>'.,1r�; t ;Q? 1YI '�Ttil0,5t' • t�f Er4 "r Ih .�� [{ ' The 1"C�k�r{a'C,F•b1r.�riii G r�cUnl�,ln�'iC r.;� rr1,Js�rOi_ M1]o' kzr,i7�1 '21j: 1 116 Apw. JIM A k Fi- Ar im im®r mew MIFF mm== By L. Fronk Boual NOVEMBER 11-15,201, - mli. g� T e f ALLD t BJTC Theatre e n The Road 2016 1� Xin T �= Rath a. F+1iSchv6-l� • }r ^ " 4qW Wo . _ �w Fredaricton High School ��our �fi�v�r HighLikiho I ar, "+}wry'+ Bayside M_ idd .Sohooi � St. MdIaoi�j er Hi Sc o� ,-=,, - !� lorz 7L f- 5� K 4 r t 00. , r PF 0 OW Belleisla Middle SoilOol k , 1� -� , 46 do use. Regienai �-ligh mocha"iC SAINT JOHN TPIEAT F COMPANJY PROGRAMS, The Saint Johro Theatre Company is prirn�rify krlavd{t as a production cornp-any that creates a Mair) Stag+ Serres <1t 1ni0 aria I Theatre as welI as va 6'us studio Prod uttin n Series arod a Surnrrter FL-57Hva1 based in our Pri(tceS� 5tr�et Produ�:dari Fabfity. However; the comPariy afso activeIV partidpi�tes in a variety of comnjunity service init- ;axrves that art recogr)[zed a5 bL�-ong extreiii eIy vaItrable to our.cammu(-lity and wortbY 0 Support, Ti 11 rtow, many-o1.thE!se Pf09rarn5 have been self-ftnlried and have beeo o rfened wiThoul targeted pubk- suP.port ar corporate partnership. The Saint lahrl Theatre Cornpany has riaw gtown to the parrot whefe, lte.w forms of strategic ovestmerits are rt!gDired ire 0fider to aItow 6 thi3 centintied nurtured and development pi'tlgram5. SJTC PROGRAMS INCLUDE: The Guest Artist Program Pfof6sional creative jirtis;c wo! #prig zanng,ide ]Llr Lonjrnsinity bmr%d taIE,nt on all Main-Sti g�- produtLlon' s. 'this laractice allow-, for mentors.hrp. of IocaI talent arta etahances prodLiOon quality Classics for the Classroom Annual j)rQdur-fl on of ij ptay'rjF5WII ;•om high-school Cur 'rrculun5 Thrs program invioIv.r=S onEeirig partner5hip5 wish all Saw John area hrgh w-hool's. 7hiss .is administratr_=tf oy an Education GLI trt%J CMIT, ittee mace up of 1001 educator; - Student Discount Tickets - $5.00 under 25 program The company gives significanE 50b5cription and single rtci -t oiS, uUi1u I studerllr. Wat are valued at 525,0Y0-$ 30, 000 arxnuaIIy. Study Guides and School Visits The corrrpa;sy re guIarIy LrFYaO{ ,n But r4?ach at a I I lncaf hiEll- sehoolc, �:Or Classi�-5 for thn Classrr,orn, the cprhparty devebps and pr[aduces study guides s gat are approved and *upported key the Educatton 0uEreach Com n]rttofl. Fundy Reads Supporting a Lam munity wirJu real of a work adapted and. fxerFormed-by-51TC, Int partnefship wl.l, I he Saint John Free public Library, Script Happens the 51!C a11nuatly engages In a cempetf0on for 5.covts;:Scripts are.work,'5hopped Ir wiI h a profe5Sierral Or amat urge or dire(ror and then peri`❑rmbd Workshops and Master -Gasses Sire r.0mpa0y reg,Alarty engages hFgh end. professionals to offer ti-aining and develupment QpporIurir#fes to our. ti lf�rtt bare; Professional Mentorship via UNBSJ & Atlantica Center for the Arts ThiD Saint john rhNatre reguIaiIV offers two credit coursvt Fn par InFrshfp with UN85J. The compdny ;I6so i1mW'des InierrFrhip pasi[?on5 for senior tF%[hnicO students froom the Atlarwtica Ct-nfer €er Vie Art$ - Corr mu€ ity Outreach Program The SJTC reg,la,;y alr❑w;.xocal c+7arities 2:-1 pei r�neror; aur f:v+rnts.tor promotional purports. There is pi QuId pro thio. The 5J TC s;nip ly Prom Ole s other 111arofi:e5 aE Lelrt�-,+n fvlaIn Stage Evenly- typrf{Il;1V they ori* thiRrnatiCAI ly Pel attid f 0r3CLltj� Carrad:;�n Wed Services; CMH A_One Flew over the Cuckoo's Merl; ire vvi1 1 Ffr5106ail Museum- Ann i=rd'rskj Akowt Sdhclz auhp�per Th eat - Tomfdoi hGati a AcLing Mas1er-Class 1 C40b Marshal {The.Yer t w Feed erkAun } homy a ma�te< au& in" "$ I N T-Z&VZI0 H THLATRE COMPANY THE SAINT JOHN THEATRE COMPANY MANDATE DATE & MISSION The Saint John Theatre Company is a professional perfco ming arts organization that is a premier provpder of Enghsh Language theatre in Southern NeW Brunswick, producing quality live entertainment for our audiences while providing.training, development and exposure, to theatre practitioner's throughoW .Southern New Brunswick and Atlantic Canada, Our Mission is to produce the highest standard of live theatre, and the most diverse English Language theatre programming in New Brunswick, using highly skilled local and regional talent. Saint John Th ea tre C onipany Prc)gra rnm!ng. serves to; • Inspire, engage -and entertain our audience by offering amazing stories—well told. ■ Rarse the bar bn1he locriI talent base iri .Southern New Bruns ic-k by -offering a variety of production opportaiiities and exposing thern'lo pfofessiortial working conditions and through the development of cutti rig edge training opportunities. 0f1f,._i i.i. li-JI k-: 1) �r _r��r-�* 0�: CI1UT) i11C:S VCO. • Professional Productions i The inclusimi of professional guest artists and professional tech-nical support ,teff in all major work F Tile developmen t of a pro ssional presentation series. at BMQ Studio theatre * Hosting; and organizing the Fundy Fringe Festival * Foster the Development of New Brunswick Scripts crud stories via the SJTU Script Happens" playwriting development program. • Support the local community at large through strategic ertgagernent with local groups, schools and education organizations, he Saint -Jc,�hr Tl -it ciIi-e C•:-){',:[-� CJ,"Iy iq; ■ 'Staffed by Industrial professionals • Governed by a volanteer board made up of coni munity stakeholders • Committed to the ideal that all major cfeative works be executed or graded by irLdustry professionals. Artistic Djrector. Stephen ToWas 112 Princess. Street, Saint John IVB, . R 3E2- www,saintjohntheatrecompany.com IIIINAIIINKIIIIIIAM "The training opportunities that I received from being in this production 'I were phenomenal. Being able to work with and learn from highly profes- sional actors and fight choreographers was incredible. I feel So grate- ful that I was able to participate in all sorts of techni- cal training and take away So much from it. The work shops were an excellent opportunity to learn and grow as an actor, and I think helped the whole cast to pull out their best performances. Albert, Kelly, and Jean Francois are all wonderful theatre professionals and learning from them was amazing and highly instructional. To be givers those sorts of lessons and opportunities was fantastic." Caroline Bell - KVHS Student who appeared as Jullet in Romeo &Juliet FETE] SJTC Education Outrea(h Programs:F , All Saint Tohn 11*acre Company Education Outfeac h init-i-itives afe guided by an Educati0r, outrear-h comm-nittee that Inas representatives Frorn -alrnov ail high-sehooJs in the Grater Saim John Area.lhey 8dvise the Artistic Director on projea..seler- toon'. as welI s the -di;?v6vpr eri-t of airy C011ateraI 'pf01)ra,nmin g tO support the pfajects. Th4ey also dev42lop ccmfem for any student st u d V guide& :,;�;.�M� ja (lassies For The Clasroam: Tlits company anrsually cry cnes a tit le For the Main-STagP se. ries: at imperial Theatre that will be of parzirular interest to the h ugh -school audience. Selecttw3 afe drawn prima.rily'fFQrr, existing high-s600l curricultimL. Notably Classic for the Classcorjrn sefecrions have included:Orwe1I's 1984, RC)meo & jullet. Gime Flew Over The Cuck- oos Nest, The Diary of Anil Frarlk, Han ifet. and rnany rithers, R The program involves a high degree of Student Outreach that includes. *� - Scllcol vicars by the production creative teams . -Tire deveioprheht Of Study Guides AkiPc-eial studen i performance at deep discounts - A post •show QUA session-rth the production cast &crew Theatre tours acrd back stage tours of ogr-veove , C�(1 a t ude�xts u t f�.! m rrt�rree 01 4 � � • F CG!Eb ?CJTtihLM tE001�5.' &OV'Cr r7 I r.51;()P io.osPue . JOCO it 4 The Saint John Theatre Company engages coaches and working professional to offer high-end Master -Classes in different disciplines in theatre.These weekend long sessions are free of charge to SJTC members, and are designed to constantly increase the professional qualifications of our talent base. a The Saint John Theatre Company and the SJ Free Public Library are committed to regularly partnering on the creation of a community wide read of an adapted work which the SJTC may be presenting as part of the Classics for the Classroom program. goof clubs,adult reading groups,iiteracy support groups,and the community at large are encouraged by various means to read the given novel in hopes of raising awareness of the particular work and encourage viewership of the adapted theatre production. Recent Fundy Reads offerings have included: One Flew Over The Cuckoo's Nest & To Kill A Mockingbird. Offering these varmus programs regtdr�s a substantial investment of time and funding. .Some Of the casts associated with the aro rani,s ars; as follows: $25,000 annual cost of student ticket subsidies $15,000 Guest Artist fees, travel, and accommodations for the presentation of Master -Classes $7,500 Printing of Study Guides — Posters and brochures to support the programs $7,500 Admin, Studio Space, Course Materials "Community is very important in education and showing the students that learning exists well beyond the class- room walls is a primary goal. Having ,access to artistic opportunities as provided bythe Saint John Theatre Company greatly assists the schools in completing that goal." t'i!'w�i � t;'.�': — iF�"...'i5�'i;i'os'�c'iC)irfiC•'F"•.� 4� t,:'lt3ii5.'i�r]sY1t .�;ii't., s;�f;;i C.':�'��.`�;ii "Saint John Theatre Company's use of their Education Outreach Program has been very valuable to me as an educa- tor of high school students. It is because of this program that I include my students attending Saint John Theatre Company's shows on my Theatre Arts course syllabus each semester of the school year. Having actors, directors, choreographers, designers, and technical crew volunteers from the company come in to present the background ,and process of a show that my students are going to attend is invaluable and an enriching experience." .4 ,lief to FQSS� ii: ?<`4" Hhi , rOU(V1f`w HighSr. hooi SHOW YOUR SUPPORT Of ARTS & CULTURE To ensure arts and culture continues to thrive in our community we rely on the generous support of individuals and organizations.Your sponsorship dollars allow us to reach out into the community and provide the programs that enrich the lives of so many New Brunswickers. For more information, or to become a sponsor, please contact us today. Saint John Theatre Company 112 Princess Street Saint John, NB E2L 1 K4 (506) 652-7582 (SJTC) S A I NT -@ H N admin@saintjohntheatrecornpany.com LILI THEATRE COMPANY COUNCIL REPORT M&C No. 2016-204 Report Date September 02, 2016 Meeting Date September 19, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jodi Stringer -Webb Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair awarded to Gulf Operators Ltd. on March 16, 2015 (M&C 2015- 50) be cancelled. EXECUTIVE SUMMARY -2 - complete the 1500mm diameter pipe maintenance work. After consultations RELEASE KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of two Dollars of lawful money of Canada paid to it by The City of Saint John (hereinafter called the "City"), the receipt and sufficiency of which is hereby acknowledged, Gulf Operators Ltd., a body corporate duly registered to do business in the Province of New Brunswick having offices in the City of Saint John, in the County of Saint John and Province of New Brunswick, for itself and its successors and assigns (hereinafter collectively called the "Releasor") and to the fullest extent permitted by law, hereby releases and forever discharges the City, its employees, officers, agents, successors and assigns from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to the Releasor or its property which are or may be in any way related to, or connected or associated with the cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair awarded to the Releasor on March 16, 2015; AND IT IS HEREBY DECLARED that the terms of this Release are fully understood; that the amount stated herein is the sole consideration of this Release and that the said sura is accepted voluntarily after receiving independent legal advice for the purpose of making a full and final Release. IN WITNESS WHEREOF the Releasor has caused these presents to be executed this... day of August, 2016. W1 ess I^ Witness GULF OPERATORS LTD. Name: David Saucy Title: Vice President By: E! 4 Y Name: Ed Donelan Title: General Manager COUNCIL REPORT M&C No. 2016-238 Report Date September 13, 2016 Meeting Date September 19, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Safe Clean Drinking Water Project sM system, the lack of full water treatment and the lack of sufficient treated water storage. REPORT As part of the SCDWP, groundwater will be pumped from new production wells near South Bay to the Spruce Lake Pumping Station via a combination of new and rehabilitated transmission pipes. The preferred alignment for this transmission infrastructure is to use the existing utilities alignment of Pipeline Road West. This existing alignment allows for the repurposing of abandoned infrastructure and eliminates the need to acquire additional easements. The existing water infrastructure alignment crosses part of an Emera Brunswick Pipeline Easement for a natural gas transmission main. A Consent Agreement is required whenever work is contemplated within the limits of an existing natural gas Emera Brunswick Pipeline easement. In this instance, the Consent Agreement is required for the purpose of facilitating the construction of a drinking water transmission main within the Emera Brunswick Pipeline Easement. Under the Project Agreement, Port City Water Partners is responsible to negotiate and arrange all agreements required in respect of utilities in order to carry out the project. The city must, however, provide assistance to Port City Water Partners in instances where, for example, the utility requires that the City be a party to a utility agreement. In this case, Emera Brunswick Pipeline has requested that the City be a party to the Consent Agreement and it is also in the Cit am required. Emera Brunswick Pipeline has delivered to the City the required Agreement. Port City Water Partners and the Safe Clean Drinking Water team, September 8, 2016 Melanie Tompkins City of Saint John 175 Rothesay Ave Saint John, New Brunswick And Todd Hunter Port City Water Partners 380 Bayside Drive Suite 101 Saint John, New Brunswick SUBJECT: Consent Agreement for your proposed Encroachment of Brunswick Pipeline KP HM I Id I 14H I in the County of St. John, in the Province of New Brunswick ❑ ISIIID QHI❑RP SDTTThas reviewed the proposed Encroachment and will consent to it. In consideration of the Company consenting to the Encroachment, we ask that you agree to the following conditions precedent: 1. 7 EDARUTIORP S® I7 FEUREJUM[T6FE LFIII attached hereto; 2. That you and your contractor will install the Encroachment strictly in the manner described in SRP SD= XLLP LAR= LLGHIM ❑-1OC, attached hereto; 3. That the Encroachment will be designed and constructed strictly in accordance with your drawings (5-3 Ocean Westway and Pipeline Road West sheets 0220, 0200, and 0040 of project no. TE 166001); approved by the Company attached as hereto; 4. That the Encroachment will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. 7 LEMD❑[SHI617LL6Ittion 5, Encroacher shall submit certificates or other evidence of such current insurance to the Company prior to any work commencing for the Encroachment. 10101 Please sign and return all four (4) copies of the agreement, including the four (4) copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two (2) for your use. Please ensure that a copy is sent to the SH7]R= Qt®laff SMRP I-1 �EEMOffin of the Encroachment can then proceed after giving a minimum of three (3) business days advance notice to the Saint John dig line or our Brunswick Pipeline call centre at 1 888 4102220. This Encroachment Agreement and Schedule "A", TG -IOC and any attachments constitute the entire Encroachment Agreement between the Company and the Encroacher and any change or alteration hereof shall be made in writing between the parties. Yours very truly, BRUNSWICK PIPELINE Andrew Langille, M.Sc., P.Geo. Operations Read and agreed to at this day of THE CITY OF SAINT JOHN, Encroacher Mayor Common Clerk Common Council Resolution: PORT CITY WATER PARTNERS, Encroacher, by its partners BROOKFIELD (PCWP) INC. LIN 10101 Name: Title: NAC (PCWP) INC. By: Name: Title: ACCIONA AGUA INTERNATIONAL INC. M Name: Title: ■■ 6❑❑( 118 ❑( FFR 11 General Conditions for Encroachment Consent 1. In this agreement: (a) VT1W ❑Encroacher Q F[[11WR❑ ETTRSHIIMEFGB EDE= the Facility; (b) VJT7WP ❑ETIR❑« FSB11Qs) who constructs and installs the Facility; (c) MITIW ET) IIDR[N�QVIEncroacher as described in the covering letter -agreement to this Schedule; (d) VJTJWP 1111 Encroachment FE11I RFEncroachment of )MD❑RP SES pipeline(s) by the Facility at the location described in the covering letter - agreement to this Schedule. 2. The Company consents to the Encroachment to the extent that it has the right to do so and the Encroacher shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Encroacher agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Encroacher agrees to indemnify and save harmless the Company against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Encroacher, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) $ ❑W R❑ EHI= limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Encroacher shall submit certificates or other evidence of such insurance to the Company prior to any work commencing for the Encroachment. 6. Encroacher agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. ■■ 7. The Encroacher shall pay forthwith upon presentation of an invoice by the Company, all reasonable costs incurred by the Company for: (a) Review, approval and inspection of the Encroachment; (b) Reinforcing, modifying or relocating the CompanyUPpipeline(s) to accommodate the installation of Encroacher L[LFacility or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by the Company in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Encroachment. 8. The terms and conditions of this consent shall apply to the construction and installation of the Facility and any future maintenance work that may be required. 9. This consent is for the Facility only as approved by the Company and any additional works or facilities proposed by the Encroacher shall be the subject of a separate agreement. 10. Encroacher hereby agrees and acknowledges that its rights in the Encroachment are subordinate to the easement agreement(s) of the Company that have been registered or obtained prior to this date and Encroacher shall cooperate with all reasonable requests made by the Company related to the operation, maintenance and repair of the ❑RP SD07FT4Jipeline(s) within the easement(s). 11. In the case of default by the Encroacher to carry out any of the provisions of this agreement or if the condition of Encroacher affects the operation of SRP SD=pipeline(s), the Company may give written notice thereof. If the Encroacher fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by the Company, the Company may take such steps necessary to remedy the default or deterioration and Encroacher shall be liable for and shall pay forthwith all reasonable costs incurred by the Company in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter -agreement and shall be deemed to be received on the fifth (5th) day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Encroachment is situated. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party. 10101 15. The rights and obligations of the parties hereto shall terminate upon the earlier of- (a) £ (a) two (2) years from the date hereof if the Encroacher has not completed the construction and installation of the Facility and restoration of the lands affected by the Encroachment; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to the Company and the owner of the property where the Encroachment is situated. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. 10101 Brunswick Pipeline a� Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Com any Pipelines Date: 06/20/2012 Page: 1 of 46 1.0 PURPOSE This guideline presents the requirements for construction activities in the vicinity of Brunswick Pipeline's pipeline(s) or pipeline right-of-way and the movement of heavy vehicles or mobile equipment within or across the right-of-way by parties other than Brunswick Pipeline. Brunswick Pipeline is herein referred to as the Company and includes Spectra Energy as the operator. These requirements are general in nature whereby specific circumstances may necessitate special considerations. These requirements have been developed to meet Section 5 of the National Energy Board's (NEB) Pipeline Crossing Regulations, Part II. Information regarding the approval and timing of applications depend on the nature of the encroachment under consideration and is included in this document. If you have any questions regarding this information, how it relates to your encroachment request, or for any other assistance, please call the Company at the nearest Operations Centre listed below: Fredericton Operations Centre 26 Alison Boulevard Fredericton, NB E3C 2N3 (506) 462-4800 (telephone) (506) 462-4811 (fax) Attention: Lands, Emergency Planning and Public Awareness Coordinator Contractors considering excavation activities within 30 metres of the Company's pipeline right-of-way are encouraged to obtain a 0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline :; _ Transmission Guidelines Tcrhnirn/ ]L1ns...../ Guideline Name: Requirements for Construction Guideline Number: TG.010Cv-r ,_T Near Com any Pipelines Date: 06/20/2012 Page: 2 of 46 copy of the NEB Pipeline Crossing Regulations and Excavation and Construction Near Pipelines documents available on the NEB website (www.neb-one.gc.ca). In accordance with Section 112 of the National Energy Board ("NEB") Act, the unauthorized crossing or construction or excavation across, on, along or under a right-of-way or excavation using power -operated (mechanical) equipment or explosives within the 30 metre (100 ft) safety zone is illegal. The following areas are addressed. 1.0 Purpose 2.0 Pre -Construction Approvals and Notifications 3.0 Site Visits To Locate Facilities 4.0 Items to be Provided for Review Process 5.0 General Requirements 6.0 Excavation 7.0 Blasting 8.0 Facility Crossings Appendix A - Drawing Requirements Appendix B - Typical Crossing Drawings Appendix C - Forms and Agreements Appendix D - Summary Checklist For Potential Excavators If any of the conditions stated in this document can not be satisfied, the Company representative shall be advised immediately. Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEWD REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline mTrVansmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 3 of 46 2.0 PRE -CONSTRUCTION APPROVALS AND NOTIFICATIONS 2.1 Activities Requiring Comnpany L 2roval Prior to commencing work, the encroaching party (Encroacher) will require the Company's written permission for any proposed excavation, construction or temporary crossing upon, along, over, under or across the Company's pipeline or pipeline right-of-way as described below. • Crossing with anything larger than a standard passenger vehicle or mobile equipment outside the traveled portion of a highway or public road. (Normal farming activities are not covered by this guideline. Refer to the Company's TG - 113, "Evaluation of Shallow Cover in Cultivated Fields" and the Company's Lands, Emergency Planning and Public Awareness Coordinator.) • Construction of a facility such as: ■ New permanent buried facilities - water, gas, oil, sewer, electrical, fiber optic, drains, etc. ■ New permanent aboveground facilities - power, telecommunication, cable tv, etc. ■ New road or railroad installations or improvements ■ New developments, grade changes, structures, parking areas, ditches, etc. ■ Minor excavation activities - fences, trees, facility maintenance, etc. • Excavation using explosives or power -operated (mechanical) equipment within the Company's pipeline right-of-way or within the NEB 30 metre safety zone. m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVER REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline MM Transmission Guidelines Terhniral Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 4 of 46 • Seismic activity within 40 metres of the Company's pipeline right-of-way If the Encroacher is considering an activity which is not listed above, they should contact the Company representative to determine if their activity requires written permission and subsequent approval. 2.2 Request for Encroachment The Encroacher shall contact the Company to discuss details of the proposed construction or crossing activity and the information required for the Company's review. Copies of any proposed plans and/or drawings prepared in accordance with Appendix A - Drawing Requirements may be required for certain construction or encroachment activities and shall be submitted to the Company for review with the Encroacher's request. Examples of various types of crossing drawings are shown in Appendix B - Typical Crossing Drawings. 2.3 Com an Resl2onse for Encroachment Requests Where the Company receives a request for permission for construction, excavation or crossing activities pursuant to paragraph 4(b) or 6(b) of the National Energy Board Pipeline Crossing Regulations, Part I, the Company will inform the Encroacher within 10 working days of receiving the request, of whether or not permission is granted. Additional time for technical analysis may be needed for certain construction projects affecting the integrity of the Company's pipeline(s). The Company representative will make a determination of the complexity of the proposed activity and the level of Company ©COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RES6?0�gD REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pi eline [#1 Transmission Guidelines p Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: s of 46 approval required. 2.3.1 Huh Risk or Complex Activity Approval If the encroachment is approved, the Encroacher will be required to execute an Encroachment Agreement outlining the Company's requirements and conditions prior to beginning any work (See Appendix C). If the encroachment is refused, the Encroacher will be provided with the reasons for refusal. The Encroacher then has the right to contact the NEB to review the request as provided by the NEB Act, Section 112. The Encroachment Agreement must be completed, executed by both parties and returned to the Company prior to initiating any work. Additionally, three (3) working days (72 hours) notice is required before any activities can begin on site so that the Company may locate its pipeline(s) and have a field representative present during any excavation or construction activities. 2.3.2 Low Risk Activity Approval Approval for certain low risk encroachment activities will require the Encroacher to complete an On -Site Approval Agreement (Form 142) outlining the Company's requirements and conditions prior to beginning any work. The On -Site Approval Agreement form must be completed, executed by both parties and returned to the Company prior to initiating any work. Additionally, three (3) working days (72 hours) notice is required before any activities can begin on site so that the Company may locate its pipeline(s) Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEIH'ED REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline Leo Transmission Guidelines Technical Mannal Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pi elines Date: 06/20/2012 Page: 6 of 46 and have a field representative present during any excavation or construction activities. 2.3.3 Emergency Activity Approval In the case of emergency repairs to critical public infrastructure or for public safety where it is not practicable to undergo the standard 72 hour notification process, the Encroacher will be required to complete an Emergency Work Request Agreement (Form 200). 3.0 SITE VISITS TO LOCATE FACILITIES 3.1 The Company considers it essential that landowners, builders, utility companies, developers and contractors know the location and depth of the Company's pipeline(s) and requires that the pipeline(s) be shown on any plans or drawings. 3.2 If requested, the Company will field locate and mark its pipeline(s) at selected points in accordance with federal, provincial and local requirements at no cost to the contractor, developer, builder, utility company, or landowner. However, if the Company representative requires the pipeline be located by excavation, the cost to excavate the pipeline and restore surface improvements (e.g., pavement, landscaping, and sidewalks) shall be the responsibility of the contractor, developer, builder, utility company, or landowner. Note: A Company representative must be present during any excavation to expose the pipeline. During this period, accurate survey data of the Company's pipeline(s) shall be obtained by a qualified m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEftD REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline tsu ~Guideline Name: Requirements for Construction Near Company Pipelines Transmission Guidelines Technical Manual Guideline Number: TG -010C Date: 06/20/2012 1 Page: 7 of 46 surveyor provided by the contractor, builder, developer, utility company, or landowner for the preparation of plans, sections, and profile drawings. 3.3 In addition to complying with the above requirements, developers, contractors, builders, utility companies, and landowners shall comply with the provisions of all federal, provincial and/or local one -call regulations relating to excavation and demolition work in the vicinity of underground facilities. 4.0 ITEMS TO BE PROVIDED FOR REVIEW PROCESS Simple residential driveways or utility crossings of the pipeline right-of-way may not be subject to all of the requirements of this section. The Company's Lands, Emergency Planning and Public Awareness Coordinator will determine what information is required to be submitted for review by the Company on a case by case basis. At a minimum the following information shall be provided with a request to the Company to determine if equipment crossings and associated construction activity can be approved. • a drawing or sketch showing the pipeline in relation to the proposed construction activity • excavation plan including the method of installation of all foreign facility crossings • equipment description with weights and track/tire dimensions of any equipment that may be need to cross the pipeline during construction activity In addition, any construction activity that requires the submission of drawings to a permitting agency for construction D COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE � REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipelines mission Guidelines • Transmission Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 8 of 46 adjacent to or encroaching on the Company's pipeline or pipeline right-of-way must include the information regarding Company facilities and pipeline right-of-way specified in this section. 4.1 Upon review of this specification and the incorporation of all applicable requirements, a complete set of design drawings showing existing conditions and proposed alterations shall be submitted to the Company for review. 4.2 Upon final approval from the Company, four (4) sets of the final (definitive) design drawings and an electronic copy shall be provided to the Company. The Encroacher shall provide as -built drawings of all installations to the Company within 45 days after completion of the project. 4.3 The Company's pipeline(s) and pipeline right-of-way limits shall be accurately shown on all drawings. Upon 72 hours advance notice, Company personnel will locate and mark the location of the Company's pipeline(s). The Encroacher's survey crew can then accurately locate the facility by a field survey. 4.4 The Encroacher's survey crew will be responsible for laying out the proposed foreign facility in the field and locating the Company's facility horizontally and vertically, accurately representing it in the plan and profile views on the drawing(s) per the requirements in Appendix A. The Company's Region Technical Staff will evaluate field data to determine whether additional &' COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RES6g�gD REPRODUCTION OFANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline a;u Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number. TG -010C Near Company Pt elines Date: 06/20/2012 Page: 9 of 46 design requirements are necessary for areas of proposed equipment/vehicular travel. 5.0 GENERAL REQUIREMENTS 5.1 For encroachments within the Company's pipeline right- of-way, the Encroacher shall maintain the integrity of the Company's pipeline(s) by ensuring the Company's pipeline is in compliance with the specifications and requirements of the current edition of CSA Z662 and other local/provincial regulations. 5.2 No buildings, structures or other obstructions may be erected within, above or below the pipeline right-of- way. If requested, the Company will furnish pipeline easement information which describes the pipeline right-of-way width. 5.3 Wire type, stockade, decorative and similar type fencing that can be easily removed and replaced may cross the pipeline right-of-way at or near right angles. Fences crossing the pipeline right-of-way must have a 3.7 m (12 ft) gate for access. No fence shall be allowed within the Company's pipeline right-of-way parallel to the Company's pipeline(s). 5.4 Planting of trees is not permitted on the pipeline right-of-way. The Company may side trim trees that overhang the Company pipeline right-of-way to eliminate obstruction of right-of-way visibility from the ground or air. In certain situations, some trees may be allowed as defined in the landowner letter of Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline. i] Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company PL elines Date: 06/20/2012 Page: 10 of 46 commitments. 5.5 Planting of shrubs, bushes or other plants associated with landscaping on the Company's pipeline right-of-way is subject to Company approval and shall not exceed 1.2 m (4 ft) in height at maturity. 5.6 No drainage swales and no reductions in grade are permitted on the Company's pipeline right-of-way. Limited additional fill may be deposited with prior written approval from the Company. Proposed landscaping grades shall provide 0.9 m (3 ft) minimum cover over the Company's facility. The Company shall determine the maximum cover allowed over a Company facility based on pipeline specifications and local conditions, including such issues as soil types. Proposed landscaping grades shall not exceed the Company's maximum allowable slope of 4:1 longitudinal with the facility and/or 8:1 cross -slope. The Company reserves the right to modify these cover/grade requirements if deemed necessary. Proposed grades shall not restrict Company access to the right- of-way or cause ponding of surface water on the Company's pipeline right-of-way. Proposed grades shall not redirect the flow of water on to the Company's pipeline right-of-way or generate any amount of erosion on or near the Company's pipeline right-of-way. 5.7 A Company representative shall give prior approval for Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE"P REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED nncwirk PinPlinP n�,ri Transmission Guidelines Rr _jr _____., —..- 1W Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 11 of 46 mobile equipment/vehicles to cross the Company's pipeline(s) at any location. Maximum and minimum depths of cover for all areas of equipment/vehicular travel (e.g., highways, roads, railroads, construction access, driveways, parking lots, etc.) will be determined by the Company and local, state, provincial and federal requirements. For this purpose, cover can be defined as the distance from the top of the pipe to the finished grade. Mitigative methods where the cover is insufficient will be determined on a case by case basis. Temporary bridging such as additional cover, construction mats, or temporary structural spans shall be installed for the protection of the Company pipeline at any point of construction equipment crossing unless approval to cross without protection is specifically granted by the Company. 5.8 Test pits are performed to supply the contractor/developer with accurate elevations of the Company's pipeline(s) and to determine the quality of the fill material around the pipeline(s). At the discretion of the Company, test pits may be required in areas where equipment/vehicle crossings and/or foreign facility crossings are proposed. For additional information on test pits reference Section 6.0. 5.9 Parking areas should be planned so as to avoid covering the pipeline right-of-way if possible. Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEAL�6 REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipelineb Transmission Guidelines SI I Torhnirnl Man../1 Guideline Name: Requirements for Construction Guideline Number: TG -010C __ Near Company Pipelines Date: 06/20/2012 Page: 12 of 46 5.10 No roads, foreign lines, or utilities may be installed parallel to the Company's pipeline(s) within the Company's pipeline(s) right-of-way. 5.11 All foreign lines, roads, electrical cables and other utilities shall cross the Company's pipeline right-of- way at an angle at or near right angles, if practical. 5.12 If, in the judgment of the Company, the proposed work necessitates the installation of casing pipe and/or other alterations to protect the Company pipeline(s), the contractor, developer, builder, utility company, or landowner may be required to pay the Company the estimated cost prior to the Company beginning the alterations. Once the actual costs have been incurred and tabulated by the Company, cost variances shall be settled. 5.13 At the discretion of the Company, concrete slabs or other protective devices may be installed over the Company's pipelines) to provide necessary protection. Drawings for the concrete slabs/devices and their installation will be provided upon request. 5.14 All design standards mandated by federal, provincial, and/or local government agencies shall be satisfied. A letter shall be submitted to the Company stating that all appropriate federal, provincial, and/or local permits, authorizations and/or approvals have been granted or obtained for the subject project. The Company's final approval is contingent upon compliance with this requirement. k) COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE®©D REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline 4t VTransmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 13 of 46 6.0 EXCAVATION Excavation operations shall be performed in accordance with the guidelines set forth below. 6.1 No excavation, crossing, backfilling or construction operations near the Company's pipeline or pipeline right-of-way shall be performed unless the Company representative is on site. The Company representative shall have full authority to stop the work if it is determined that the work is being performed in an unsafe manner or if a foreign object is spotted. 6.2 During the period of April 15 - November 1 test pits may be performed by the Encroacher provided Company personnel are present. Test pits can be scheduled by contacting the Lands, Emergency Planning and Public Awareness Coordinator. The Company will make every effort to accommodate the Encroacher's schedule for excavation of test pits. Such scheduling however, may be subject to availability of Company personnel, weather, field operating conditions, etc. 6.3 During the period of November 1 - April 15 test pit excavation of the pipeline by means of mechanical equipment is not allowed. In instances where the developer must expedite the design process, pipeline elevations may be obtained, depending on field conditions, by hand digging or soft digging equipment. The developer must contact the Company's Lands, Emergency Planning and Public Awareness Coordinator to coordinate these activities. © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER" REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline e,j • Transmission Guidelines Terhniral Man.ral Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/202012 Page: 14 of 46 6.4 Excavation shall not be permitted within the Company's pipeline right-of-way or the 30 metre NEB safety zone until an excavation plan has been reviewed and approved by the Company representative. The excavation plan may be a written document or a verbal discussion with the Company representative. At a minimum, the excavation plan shall include but not be limited to the following: • Backhoe set-up position in relationship to the pipeline • Need for benching to level backhoe • Required excavation depth and length • Sloping and shoring requirements • Ingress/egress ramp locations • Minimum clearance requirements for mechanical equipment • Pipeline location and depth • Verify bar has been welded onto backhoe teeth and side cutters have been removed • Spoil pile location • Compliance with Canada Occupational Health and Safety regulations 6.5 The use of mechanical equipment in the vicinity of the Company's pipelines shall be directed by the Company representative in accordance with Company procedures and applicable regulations. The tolerance zone for excavation by third party personnel using mechanical equipment is 3 m (10 ft) until the pipeline is visually located. Hand tools or soft dig equipment shall be used 0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE®©D REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline Ug Guideline Name: Requirements for Construction Near Company Pipelines Transmission Guidelines Technical Manual Guideline Number: TG -010C Date: 06/20/2012 1 Page: 15 of 46 to complete the final excavation of the pipeline inside the "restricted" mechanical equipment limits of the excavation. 6.6 The use of a trenchless excavation method (i.e., bored crossings) shall be employed in such a way as to ensure a minimum radial clearance required by applicable standards is obtained between the new facility and the Company's pipeline(s). 6.7 Federal regulations require that the Company's pipeline be inspected whenever it is exposed. Canada Occupational Health and Safety regulations pertaining to excavations must therefore be met to ensure the safety of the Company representative who must enter the excavation. Furthermore ample time should be provided to allow the Company to perform relevant inspections prior to proceeding with backfill operations. 7.0 BLASTING Blasting operations shall be performed in accordance with the minimum guidelines set forth below. 7.1 The Company shall be advised of any blasting proposed within 60 metres (200 ft) of the Company's pipeline, 150 metres (500 ft) for large scale quarry -type blasting. No blasting is permitted within the Company's pipeline right-of-way, and no blasting shall occur outside the Company's pipeline right-of-way if the Company determines that such blasting may be detrimental to its facilities. ® COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE" REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline og Transmission Guidelines Tnrhnirnl N1nn..../ Guideline Name: Requirements for Construction Guideline Number: TG -010C W Near Company Pipelines Date: 06/20/2012 Page: 16 of 46 7.2 The Company reserves the right to require the party responsible for blasting furnish a detailed blasting plan at least ten (10) working days prior to blasting to allow for evaluation and to make arrangements for a Company representative to witness the blasting operation including drilling and loading holes. Blasting codes shall be followed in all cases. 8.0 FACILITY CROSSINGS All buried facilities shall be installed as noted below and as stated in Sections 5.10 and 5.11, as appropriate. 8.1 Buried facilities shall be installed below the Company's pipeline(s). The Company requires a minimum of 30 cm (12 in) of clearance however in some situations this may need to be increased in circumstances, such as bored crossings. Additional separation may be required in marshy areas or other areas where insufficient clearance would have a potential to cause future problems. 8.2 If the normal crossing requirements present undue difficulties, buried facilities may be installed above the Company's pipeline(s) with prior approval from the Company representative. All such facilities shall be installed with a minimum of 30 cm (12 in.) of clearance. The Company will not be responsible for any damage or required repairs which are caused by the Company's operating and maintenance activities when foreign facilities are installed above the pipeline(s). Protective measures such as a concrete encasement, m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEb i) REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Transmission Guidelines Brunswick Pipelines •• Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 17 of 46 ditch marking tape, and/ or above ground markers may be required as deemed necessary by the Company representative. 8.3 Suitable backfill shall be placed between the foreign facility and the Company's pipeline(s). Suitable backfill is backfill free of rocks, refuse and any foreign material including, but not limited to, skids, welding rods, pipe rings, trash, trees and shrubbery limbs. In the case of anticipated crossing by mobile equipment/vehicles the contractor, developer, builder or utility company shall provide specific material and compaction specifications for review by the Company. 8.4 The installation of test leads (two No. 10 THWN black insulated copper wires) attached at the point of crossing for corrosion control monitoring may be required for metallic lines as directed by the Company representative. Test wires shall be routed underground and terminated at a point specified by the Company. 8.5 The following requirements shall be met for fiber optic cables which encroach upon the Company's pipeline right-of-way. 8.5.1 High capacity fiber optic cable shall be installed in a rigid non-metallic conduit or covered in 15- 20 cm (6-8 in) of concrete which has been colored with an orange dye extending across the entire pipeline right-of-way. Other protective measures may be considered for non -high capacity cables. Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER4�6 REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline �,�n Transmission Guidelines �1 Technical Manual - ------------ Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Com any Pipelines Date: 06/20/2012 Page: 18 of 46 8.5.2 The fiber optic cable shall be installed a minimum of 30 cm (12 in) below the Company's pipeline(s) across the entire width of the pipeline right-of- way, unless approved by the Company representative. 8.5.3 Orange warning tape shall be buried a minimum of 45 cm (18 in) directly above the fiber optic cable across the entire width of the Company's pipeline right-of-way, where practical. 8.5.4 The fiber optic cable crossing shall be clearly and permanently marked with identification signs on both sides of the Company's pipeline right-of- way. Markings shall be maintained by the foreign party for the lifetime of the facility. 8.6 The information listed below shall be furnished to the Company for all proposed electrical cables which will encroach upon the Company's pipeline right-of-way. • Number, spacing and voltage of cables ■ Line loading and phase relationship of cables • Grounding system • Position of cables and load facilities relative to pipeline(s) 8.7 Specific installation requirements for cables carrying less than 600 volts shall be determined by the Company on a case by case basis. ,0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEOE�) REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline [�� 9WTransmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 19 of 46 8.8 The following installation requirements shall be met for buried electrical cables carrying over 600 volts but less than 7,600 volts. The Company's Region Technical Staff will determine the installation procedures for buried electrical lines carrying voltages over 7,600 volts on a case by case basis. 8.8.1 The electrical cable shall be installed in a rigid non-metallic conduit covered in a minimum thickness of 5 cm (2 in) of concrete which has been colored with a red dye extending across the entire width of the Company's pipeline right-of- way. 8.8.2 The electrical cable shall be installed a minimum of 30 cm (12 in) below the Company's pipeline(s) across the entire width of the Company's pipeline right-of-way, unless approved by the Company representative. 8.8.3 Each phase conductor should be surrounded with a spirally wound, concentric neutral conductor. The neutral may be within the outer cable jacket. 8.8.4 Red warning tape shall be buried a minimum of 45 cm (18 in) directly above the electric cable across the entire width of the Company's pipeline right-of-way, where practical. 8.8.5 The electric cable crossing shall be clearly and permanently marked with identification signs on © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERvib REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline vu Transmission Guidelines Tvrhniral Mimi nl Guideline Name: Requirements for Construction Guideline Number: TG -010C - Near Company Pipelines Date: 06/20/2012 Page: 20 of 46 both sides of the Company's pipeline right-of-way. 8.9 Overhead power line and telephone line, telecommunication installations shall be reviewed by the Company on an individual basis. 8.9.1 Prior to construction, the Encroacher shall determine if electrical interference between its facilities and the Company's Pipeline(s) will occur. If so, the Encroacher shall be responsible for providing mitigation design to a level 15 volts maximum A.C. Steady State; in accordance with CSA Standard C22.3 No 6M (most recent version), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines". 8.9.2 The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard C22.3, "Overhead Systems and Underground Systems"). 8.9.3 Overhead lines shall be installed with a minimum clearance of 7.62 m (25 ft) above the grade of the Company's pipeline right-of-way. The installation of poles and guys will not be permitted on the Company's pipeline right-of-way, and not within ten (10) metres from a Company appurtenance, P COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEI®�p REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pineline dua Transmission Guidelines Y Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 21 of 46 unless assurances are made that the encroachment will not affect the Company appurtenance as a result of a fault or failure. 8.9.4 The Encroacher, where directed by the Company, shall install aerial warning devices on an overhead line for the protection of the Company's personnel and equipment conducting aerial patrols. m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESBR66] REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline j+''j Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Com any Pi elines_ Date: 06/20/2012 1 Page: 22 of 46 APPENDIX A Drawing Requirements The following information is required when preparing drawings for encroachment approval applications. The Encroacher should contact the Company at an early date for information and to discuss requirements with respect to the proposed activity. The Encroacher shall provide the Company four (4) copies of all drawings, in addition to PDF or other standard electronic format document. PLAN VIEW Show and Identify: • In Metric - scale of 1:500 or at a scale which clearly defines all details of the Encroacher's facility; • Accuracy to one tenth (0.1) meter or better; • Facilities which tie dimensions to lot or survey line (preferably along the Company's pipeline and/or pipeline right-of-way boundary). Show location of Company's pipeline(s), pipeline appurtenances, markers, cathodic test facilities and right-of-way and other utilities and utility easements; • Angle of the crossing (measured to the Company's pipeline easement); • Property lines; • Width of road and road limits in the vicinity of the Encroacher's facility; O COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RES"I�g REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pi eline E_ j Transmission Guidelines p Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 23 of 46 • For parking lots, storage yards: show nearest building which tie dimensions to nearest Company pipeline and/or pipeline right-of-way boundary; • For parking lots, storage yards: describe barrier preventing access to unaffected portion(s) of Company's right-of-way (e.g., fence or concrete curb). PROFILE/CROSS SECTION VIEWS) The section view is to be along the proposed utility that crosses the Company's pipeline. The profile view is to be along the Company's Pipeline(s) and is only required if the Encroacher's facility is on the Company's pipeline easement for a definable distance (i.e., parallel encroachments such as roads and any grading of the easement, etc.) Show and Identify: ■ In Metric - vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all details of the Encroacher's facility; • Accuracy to one tenth (0.1) meter or better; ■ Any relevant Company pipeline appurtenances; • location of cathodic test facilities (if applicable) ■ Existing and proposed grades • Depth of the Company's pipeline; ■ Vertical distance of the proposed utility below grade; • Clearance to the Company's pipeline(s); • Diameter of each of the Company's pipeline; • Diameter(s) of pipeline casing (if applicable) m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 24 of 46 • Company pipeline right-of-way limits; • If elevations are assumed, then reference the point of the assumed datum; • Distance of the Company's pipeline(s) in relation to the Company pipeline right-of-way limits; • Ground surface profile for the 20 metres on either side of the Encroacher's facility; • Details of Encroacher's facilities with minimum clearances from each to the Company's pipeline(s) [minimum clearances - roads/parking lots/storage yards - 1.3 m (4.26 ft); railways - 2.0 m (6.56 ft); ditches - 0.8 m (2.62 ft); underground utilities - 0.3 m (1 ft)] • Details of any protective devices for Company's pipeline or Encroacher's facility (i.e., concrete slabs, casings, pads, temporary structures, etc.) if requested by the Company and shown on the plan and profile. LOCATION PLAN VIEW Show and Identify: • In metric, scale of 1:12000 or to a scale that clearly identifies the location; • Distance to the nearest town of major geographic feature to 0.1 of a kilometer; • Relevant streets, highways, roads, etc. TITLE BLOCK Show: • Name of the Encroacher and the name of the engineering company who compiled the drawing (where applicable); • Drawing number and the date of the drawing; !D COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESITM REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline imTransmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Com any Pipelines I Date: 06/20/2012 Page: 25 of 46 • Revision dates (if applicable); • Signature of the Encroacher and the engineering company; • Legal description of the location of Encroacher's facility; • Date of the survey ADDITIONAL INFORMATION Show: • All specifications of the Encroacher's facility (i.e., diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials, protective devices to be installed and the method of installation); • Note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations; • Include a North Arrow and Scale on all drawings; • Legal description of location of the Encroacher's facility (i.e., property metes and bounds, PID, parish, town, village, etc.) on all drawings. ENCROACHER'S FACILITY DESCRIPTION Show and Identify: • Roads, parking lots, storage yards: wheel loading, surface, subgrade, name or number designation of roads (if any), materials to be stored (if any); • Ditches, open drainage systems: width - top and bottom (existing and proposed), name or designation (if any); • Underground facilities: materials; diameter; maximum voltage; pressure; conduit structure - duct size, use and configuration - size and reinforcement (if any). Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEI®gE REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipelinevd Guideline Name: Requirements for Construction Near Com any Pipelines Transmission Guidelines Technical Manual Guideline Number: TG -010C Date: 06/20/2012 1 Paee: 26 of 46 NOTE: The Encroacher's drawing(s) must be available for reference on site. For reference, typical crossing drawings with these minimum requirements are included in Appendix B. Q COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESIMM REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline _Transmission Guidelines :p Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 27 of 46 APPENDIX B Typical Crossing Drawings © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RES6iYE REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline. Transmission Guidelines Terhnirnl A/inn—I Guideline Name: Requirements for Construction Guideline Number: TG-010C NearCompany f t elines Date: 06/20/2012 Page: 28 of 46 �Z s9L g 5 ' NOR € I n e itr Y r N a .",Y 5 sang 4 M" .1d. 0.1 144.1__ E M Tf z D COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEMD] REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Fla Brunswick Pipeline Y.,U l Transmission Guidelines Technicn/ Mnnunl Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 29 of 46 'C) COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEkuE60 REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED YBP zZ (nW U) WIL IL L) W W0 3Z o-6 (Lw J � Brunswick Pipeline,, j Guideline Name: Requirements for Construction Near Com any Pi elines F g = a Transmission Guidelines Technical Manual Guideline Number: TG -010C Date: 06/20/2012 1 Page: 30 of 46 c. ((nn o VO �w W U Z CL 89 © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESF,R,T REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED LJLJLJ Brunswick Pipeline Transmission Guidelines Terhniral Manrinl Tuideline Name: Requirements for Construction Guideline Number: TG -0100 Near Compaty Prelines _ nate: 06/20/2012 Tage: 31 of 46 0 a 0 ki COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVED I REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED W z z W za Ca O Q� L) pJ] O Q z CJ wf WW ml �s ,a I I �V� I I I , I I i 0 R I I 1 I 12 � vm m� xm I a 0 ki COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVED I REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED W z z W za Ca O Q� L) pJ] O Q z CJ wf WW ml ,a I �_ z ngl� I i 0 R � I I v --o-000 I t I I 1 I 12 � vm m� xm I I J I I w cr a z a 0 ki COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVED I REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED W z z W za Ca O Q� L) pJ] O Q z CJ wf WW ml Brunswick Pipeline MTransmission Guidelines Tnnl.,,J,--I A.r.____._I cNHLL4 [LL /rl u/LUQL Guideline Name: Requirements for Construction Guideline Number: TG -0100 Near Company ft elines Date: 06/20/2012 Page: 32 of 46 m 0�Z 'z p jaggy" 19 b ;jig o� is $� Paz g y ' Z93 pa S2 ski 0 5 vi 1 1411 RR I kqJJ1 93 NE I Wild od �gI 8 , " i A i rid d qxi ! W _J L. 0 d' a llJ Z J W LL a 0 LJ M O U. gig 8 11 1 _go Q) COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERVED REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED FIM Brunswick Pipeline TransWmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 33 of 46 f n U w 00 z� 0 0l i �I IY 1 I 1 I I I I 1 1 I 1 / / z 0 ff 0 J Q U' J W O O a. a a � E 'a OR fills . � lu I iL Oftami NOLL'I'JWN !D Maul m C i COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEk�{E¢ I REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED �W ZZ El) W _a ry a N 2 O � OZ Fca aw c� Brunswick Pipeline L- j Guideline Name: Requirements for Construction Near Company Pipelines APPENDIX C Transmission Guidelines Technical Manual Guideline Number: TG.010C Date: 06/20/2012 1 Page: 34 of 46 Forms and Agreements ■ On -Site Approval Agreement (Form 142) • Emergency Work Request Agreement (Form 200) • Encroachment Agreement Sample O COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER3(Ep-, REPRODUCTION OFANY PORTION IS STRICTLY PROHIBITED LJLJLJ Brunswick Pipeline w Guideline Name: Requirements for Construction Near Cony Pipelines _ Form 142 (Page 1) BRUNSWICK PIPELINE Transmission Guidelines Technical Manual Guideline Number: TG -010C Date: 06/20/2012 1 Page: 35 of 46 On -Site Approval Agreement Nov KP PID SketctvDrawng Ached 5¢e Province COL"- Pham Alta-hed Type of Approval PEFRSCi#t]COMPANY REQUESTING PERMISSION IrENCROACHER' ) Fax Locale Request No. it is hereby acknaMedgied that - 1 • Work is nut to take place in the vicinity of Brunswick PipelkWs (Carpany) barbas, including the pipeline right-of-way ra+less a Corr,pany, representative is on site to montor any excavation and ba ddl I acfN*es. and 2 Work , nmt compty with the requirements of C.ompanyt GuxW me L6 -18C, and have been deemed riot to require an Encrnxhment Agreement; and 3- The Company bas provided a copy of the Nation! Energy Bawd Pipefape Crossing RegWations to the EnvTadler. and 4. Thee Encroacher clearly understands all markings left by trve Company. and"area it uhiah work is not perrre3ted,1 &wit a Company representaflva be�rng present dD mMess said wofk and 3- The Encroacher shall provide the Corr -,any three (3) worlring days notice p6ar to ung any work in the vrcnity of Owe Comparrys iac?kies. including the pipei ne night -e- way. e Carnpany grants its permission to tt>e Em7o,ac} to consbucitand Triaintain the Encroacha, t Works subject to rhe follm ng ns and conchions_ oadrer understands ,arid agrees to the Genera[ Terms and Canciiiicm for Pipefhe azmachments JSOt edule W Cdr and Pursuartto the Nacional Energy Board Pipetine Crossings Regufahars, Part 1, Sed-bri 4 (n)[), the Fncruactw may assign the cement to a third party - NEB Ptpeirte Crossing Regulations and Campa-ry Guidelines TG- Slie Presided AGFMW AND CONSENTED to this day of 20 at the I&mWpa ft of Pnovutce of --- -- far the period e"ecdve to only_ Date Date Encroachers Reixrserdafive R6k}ratin d Me: 1+m;e mus arm ;ha3e wvrar�recs �corunzmr Brzu�ic9r �gve�nt RSpreserrta� �;ssp'a�rffadte. Pelt w P{piewd Rrrtc —M PWc Axanenew Re RM2+.a-CodrreAMOWNAgr effS�ruzrat7�v.Itetteam m COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEkW REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline u�,o Transmission Guidelines Terhniral Mnnunl Guideline Name: Requirements for Construction Guideline Number: TG -010C A NearCoq!pany Pipelines_ Date: 06/20/2012 Page: 36 of 46 Form 142 (Page 2) SCHED A F W GEPO 4L TERAM AM COMOMMS FM PIPELM e1CROACMBHS 0WSnA PfWVALAGF433W0(T f CapEYIa`d'hstady arta terrra uzetl n acre Terms ane CaldCarli RCL die dCMnetl m the �trEhe Apprpa1.Ap'CC^'�e antl rtdtamcw2 defthetl ?lee:" SttYl rove to same mnrsina as set forth in me Orem Appvval Amann. 2. E-amic her slat. lai Itsaehty awry and at 11MR! s h rebow b EAt] Dad hm'Z W tts in a= ztW M lath Wood mp t-me"na and =nMe Jen pretb= and in accordance wM a" laws, 1e72aovs, MGs. dw17GrS pw�r/ts, I�mer7sCs Ohtl lL`ra'raahai>a210ra ahoy am�!'e oreaur�ry amrt'fa' haf!entlr�tsr, rbf MITIM WM ad reasonable mitr� QhM9 al the Cwrq my to Ce Bhaaadfa ham eme in Lae tntladtp dry r3wUMMS h reaped of procedraes rewred 10 xsovh dal d1�ta of dVW Enaoacla7 it NU rtmy hFM an ten ptiel ne(t) & me Cammrtn- IC': S1OL7&Lf Wany CzFCWY=%C-Jw In me O"-ER2 Appvval ApeemC4"to Cn,;"M at tjftZttM days am6e, amtNIN Sahns . annttlys and =h=rr ha:.day:, by teepthane or h Wena. of any sondes the EnoMther tnkyldr. W unantae in Mmma of the E3M= arae Abut. ld) ruche mm a cafOcte mPy of the On-5Jte Appnwa; AarTement wM at edaermar6 ladadhU mese ram and p=nbq el Mw m b EnUMMcrs em"cmrs andNf EYEWRa01`3 and Qtat such =1701Ctas rldbr emttagrs comply wt a1 t e ter"'a and ca"aCms M due On -Ste ApW" Agman;ell and such ataclrneft urautlru Mese Teams and Caambms. rel as sass as Is reasonahry pirmclow alttir carr>p*bM of Mrm:Mmdzm or Ehoaatf+esa Warks, +e_mwe me s rtam &the 6rnoaoc-hpt LOCOW as "marry as is pmElcMe to the corldtaf Itwm h --0MM iry WW b the CDMrvW%3Mnod d1=sTU=nn of En=edne^S We tr, M lfM%*Vdhr the Cartpay. have Enauwh" WMU hwedail bye afthe Ganga ^nave artyrepra ase dEncrbaC,-,-S W rte: 19) at Its sat cast, ranllrUm and repay Enoaadmrs vW xKj and ata) times keo 8%=00"" Wane m q=d andt1w dad repar, and 110 rCmbWW Ce Compaq LPx1 request h respeCt of arty fasts Imam Of Me Coit b eaerasena Q'Wm Or caV=ed Wder the Cr1{,Jfe Apprwah Apednerd LnElUdrp meseTams and C r%l50 by The Enovacher fttauedgm Maette Cerripany may setae ecru pans gerdm PmOVAM h reaped of aryOr z l ar such rVts ar obtugarm 3 EYomcller f11t1 IMM" MWy "pay me Camp-ys repe move at any trel¢Tq'ttrat oats= at the G^^� tat . The Camp % retaeser. dorm and a stfa7 Rhaatfy determine me pracedmes to be fosadtA m rni7m'a the MpaC CO smdh emergency bn Erlm ad, l trh and the podkr- ❑ En cher 3 rage 10c7= the C—V" rep-$vT tva Enonamm, stab ml the Cammrwz bmeTMMry wnd1 E f 3Sgaty-=mj and yne me CG"vWyy Iepresewsaure tat Warn=s Mme On&= cy. Fameprpnftcathlspap=tk-embyenrtmewlsatchmm� nntua'bon matmudendara�etrOrmute sfaMsrarntml Prnpgtyo ltf --WMJ damage and that rm"ms rrrt--Mjft mom. d•. I3aoechmw shYl 5virnrhfy ofd sate tLYrAess the Co"paryftom and opwma al acorn" p+a¢enMM CRM deriIV and =rZ watch maybe eam4ht aovnst Or NW"d by me C"mpany crwhkdl R may srrb' , pay w Mar. by ream afar as a, O2W cjra h cmeaGlori Wm E�fo�weYs INrats dt tie Envmdnmesd tacldm crow =411llalCrt, aperoha1. r urkerlsaa, repar, replaterreyt a TO -Dal Or sxM F==c:hv'z Worts. PWSET,, E=3Q3Cr 1M' hue Mflt][ and save tie C rnp ny Iw , len hcmaw aiu= ca toes aid assessments of any desats w atiabomm levied a1 any airrom !n reSpG - Cr EnOCC TMr3 7MEU T1 Iff a-Q2CPff tots tb mere any wart or xlarr°re dnBUsm mytV cutURN Or= etfOM=uadirme QwEte R=at-tApxemmf mdLXkq ace Terra and Oazndtlans, and Ether fah to ca: Whim any such wok craaaa se to mmecV dry umh drftjta@ta f6 daps am!r !e 6-M foam ftim the Company to da w, to Oamoar7 may bd shat not be WOW bh take such steps as it=nIcki : m A co tO =mOCIV duh w71kCr remedy saw 05-aL7 and Enavadva steal pry b me ' 7affK sthy hen dermas an cads r7cwwat by the tampon/ b w.arah1l! slyrtf dart amu lam arg SUM M L -L P.rtr{ open trap' crers rame to MrWWj such OmA Amu HdMalk7muTyanaMOM term the Canlparrf to do sq Una Campry mny. a'inwin, z"Sperwd MrZ=— ast[nrrrJden rtsrsaary me pamtsianlz)Wren ttt H'nCnvYa' ander me tkrsaM Appum Agreerlert b ben"Inme @he n rUbr AWava' Jlrpeemr•d and al pe v5oe paced by am compay err am an -C Appom A.ry'ttma4' m eaercade by some b Ermwilld rl, al WCtis3 PrglsfIMb are dha &" and nrea elite CmrLaaf 3_ Qa tee EWWOn Orally tmr.+rn late of the OreEalt AtparaF J p- MWA. Eaararra slraf, at h r =r MM—e'xisc2lQme Emm41Lr9 Vldrks 02tne CaTRT9t steal �sa'r dad Srtrcadaslmh restrxe tlm sofa¢ of mr Ericfrn:hmhem.�tz+ar aamrh as hz e-„n».'h Ime cxdtlmf t e:a n lm meCaFtf t>tlOr m me atmmen¢rcnt CfV&=X=pWdmMEnEM= r+FWMU The Cmilany, shat ret be rezpc=Mt. r urs' asst cr=ch•+enrsvz crummt e. Tte Lt'i-BEM J A W-mertt amt Mew Toms and Ca2T;1 a1S set Mm me war Ar— Mme Gnr=ry aG Eaamdrer rnCe=ftg the an ftma? of the lP tBrh M Mite Company try Enocochds Woft at me EvancLmrrc �a=m. a Tte EMxrlerzw mat Set. aaws7u,amoxt lease or OGMwhe dbDOM athe bad cf ET=1nffW% a^ereme'I=caMM�a Lcraton is la:i many pat itMTvTOf e"Ted gNbVA amp mmma In the Errmacicrs WA "a me bff"t t deme ml- A• ftx Q Atpeef+rlg and In— e.+Fc add CCaMons. w"tladt n ewh ease erst 21=11np 1132 ddpjzwmb]rte Companyan gpeer'lerntmeysmr ar me CorraSMymrd hn"srm sic Taasra!rss mthe CrrMpany htFfelm�tee Alar3wasrr,bT•rrmree, a:.ts'x IessL- v oald pe^atrt bhyry a �astlan stmt atree wMh me samv+6r m aasurw¢ perTirr., atSCteany I@pv;en] t/ t9 merdd�ysepli arod Ihhttdfes of OWUSCtar m>a to Orj-Me AlpormW AQywwe and mese Terms and Comflzvs. ,nclu rc edS =aq=h 3 8n3 Mmff sJgC "Ct Way: any r-Y-.ate,CUP= or ether emarttramemCtte hmcmruwaara wharethe E-ouamnv La[adabb 4beetwttrWt�maMc�tLm'me mYn. _. Ciaaee Or cmm'pnwn faml;the baamAhmdWemcs hl Arm and areata"¢ SrasTaarry to the r-ste�ri arilerrf!Lrs dad dYlpiMaa alt[tl GarC.Yry atl EnrsaYhvcndv to On{a �r ilCssad A a-haeaftd rimae Teas oaf l'antll[ans, st b rj= bdffle pq"q mC Cl'.Sle Aaamr a a�axrncp old t:eseTemtS occ Cvrhdaan dvin ennaC tp int tlenehl oaf am tla MWINd r;:dn the tarts herein and t elr rrsp s e he l% ergeL�. decay" rmaftrF, amt �f�'r� 9 Uo aarr lasanytimmil, ora c7amam OrAmvrshtn of me o6lite Aptrdlat AWm-maned Fl 7a+0$ahE C'M=W-sthat LakeelsiOrtobtmna 1pw a cwrlunless t b-==. narttta Aaahwtryayarty Marc/L+mmol shaLMol lmecratL-d•ma=jy%ntr✓%,Mth rstCCG Maay At— W%&M MrM lit Tte L•r-6¢> . Ag-4MR1Grr. avdmrt Terms sp CmEltu*S smar be PmMmevf MmSnnavtck and LIM i>yz Or Ceram RbC,211112 went^. 11 Ra=y Es L7n{pnaed ar mare man err_ lega' er ft rexref¢z n mr C1-r5tff #4M"al 1 cr..L. - c Z3j met T.” arc Ocr ghms to eW V," One L eltl nMs to ewx nql al of soon wrtec prdtT aid wv rale. �0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEIM REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED LLJJLLJJ Brunswick Pipeline Transmission Guidelines �I Technical Manual ---------- Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 Page: 37 of 46 Form 200 (Page 1) BRUNSWIC-; PIPELINL "u -c- - Emergency Work Request Agreement NO, KP PID !— SketchlDraw ng Attached Size Province Courtly r Ptub Allached Type ofAppro a) PERSON COMPANY REQUESn"S PER WISSION CENCROACHEt"3 Fax Locale Request No - ft is hereby acknowledged that I. The Encroacher is not in possession of a signed Er= aehmesrtAgreernenk and 2- Brrtrisakk Pipeline (Company) has provided a copy of the Nat omd Ermi!W Boars P4mfrrre Crossing RepLidons to the Encroacher. and 3. Tire Encroacher requests knmediate permission to oondud mns�on activities in the usasnvty of C,omparVs faaftes, including pipeline rigN-&-wart, and 4- ilrlark beaig condixted under this al;r eerrent is °emeAgeruy rncrrk" and is b" =xxh ted to repair o t eai public krfraitrucUire, or for public safety and it is not prac&=hle to omrdeFW etre Strlrfdald 72 brow notzFicaSon process; and 5. The Enwaadrer shall give as much malice as prac ticabGe to etre Cempmy xV time►wxk is m false place an the CompaVs piptTine right -d -way. and work shat t riot t3kQ place on the rigbtr&way airdess a Carrr mny represercOve is present to observe arty excavation and bcrdifflit acbvWxn,- and CL The Encroacher dearly understands all rnar"s Deft by the Company, and "area m utuch tiwrk is not perrretleA sftw ct a CampwW rePresenlaave bemg present wo vamess sad work. The Corrrpar iy grants its permission to the 1=nQoact►es to ox+s++ct and rmaiiiiLia the Envvadrer{s Warks scbl ect b The FnCM V ta:rrm and oonditW l g) 6rrnnartrer u de � and agrees to bye Cenerai lfprms and Cnncf.�tnrrs for Pkw*m ErEn3ach r->ents (Schedcile'A" ZLIdwKw- nod (2)'nzmL M to the National Energy Bomrd FApane Bing RegtrlaSvrrs. Part Z, SeMon 4 (n)(i), the EiKmacher may assign the agreernerd to a turd party. l -4M F pelfneCrossing Regulations 1`Lguladorrs and Corrp,arsy CLSd04mes Tr- tIGC Frwided AGREW AM CONSENTED to this day of -- .20— at 20— at the mmmigraiity of Provhroe of effecbivae to anly- Data Date Encroarhark Represenfi6we (gpcalue a xne; ++Rg-- LarmX and for the period 8+unswkk Mpe&P RtVn5&entafive �Sq.fae aMe) YeL_rr: gap3=w AtO taro P=LAxarmEwFte R=2.2m-zRW=rjwvtreveseroeffwt anrwNhal erJj-9�LM.91- (C) COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE VRU❑ REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED MM Brunswick Pipeline toVPTransmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -0100 Near Company Pipelines Date: 06/20/2012 1 Page: 38 of 46 Form 200 (Page 2) scrtEEt Q � A. GYaIE M TERM AM C4lamftlOUS FMP04RAEEM R0ACf9MXr3 ICY "DW REMMST A6 EMMT I C-'atabmtl wards and lents used In Me= Terms and CO: =war Vw1we ckc%z I4 Me Emeq¢ 'hWk Repuest Av e % and not Wh .se E[LnLd herein shal Isrie the Lame meaMng as set taM h me Emergency W ark Rs;Grn JlaeemtTC. 2. FJntcader zhw; ;ai fill y rb'ty aid all actMtes h teidlon b Envaactvrrs Ntria kr actdrtlarm atC, gond mgtem I G aria Tr.�T.. �^, Waco= and in Mcwmnce wth a: LTM. remridbom. nJes nrtkrs. permits. uceft sand amen authvdItnu of any tp+ernmera or TepUlMory eWhgfr r4ivv junrac+on; 0) cOMPyMM an reasonaak =uclIms ttnen by the Ca^µfny io Lae Ep cmalnertt am ameM tare Mdudhg arty Instr u90ns In respell ar prncrctres +red b seen arty debtnierttai erred mat Enona&m A walla may rwe Gnaw pgrelneisi drtne Ca+spr, IM 'LW=to aryl [rotary WoOtoft In the F-mcgenncy Wok Req=stlywn — y%e ale Company ae least titer days nota, esdudng Barbed w & axW& and stmnnri na:o•Tp. by ttfttrona or 1n wmaa Of any est 1:2 me Fncrudw Tri ds b unac+mxe n n sprc M the E rc V7s 71ets W Vp: :d:• MMJM eh's a COMPNME copy Of Emapmcy WOO Re4tr,51 ngmr^ere elm ZIT auathmem, mdudtp these Temrs ad Daaaeaerts is wayttea to ersesoachers curnractas a'surexcry ft s OW Cut such cons eraxra ]MOM e=mytmr6 C7nub w0r al Me b:r"Z and =nf-t ons CI a Faneryahey Work RCq,1lik Agreennerd and UM atlachmer-s r NMUM-M mese Temp and Cmd7ons ;e1 nss soon as is r Y praCtltal ager tOlniplGgi d tcrrar�on are'. - Y W ono, rrstve the r.rTbm at tle r- uOacamef! Lootlon as rMA-V ash pacacan+eidtie uIrKEsson t was h krtTrreaaety Prior tothe mmmmfC*w, ort»ur1>an orEncrasct efs Wmk; .T.• t rrsMJred by the ccmpatry stave Exnnarters Warta hsPecsed by nyrarntndsres or ft camPaTT berare any' n'eguty rale or Eri70aChn'!'S Warks: ,g M Ifs sae MZL r M'Lan and reW 1}.Cri?vachff% Waft aid at at 12-r3 keep E11.Q ha's ATMA M goad cxndCar and repak' aria rel -erase the Company rpcn MWCZC In reWtct at any Cash hclured by LM CM -carry heatcshg Cs rtgrrts Qa $$dads sr arae Cr agwey Watt React Aue l Wu*ng mese Terms and C ptson-. The Enmeachtradmasrr s stall We CamPORY 1VM arta` Mr'd tsars seryte MMdas t1 respect rk any a al: or soman r%r sCrawaaDans. I lEniumdi2MYISM nm.+ir*arynna'JtheIansanysteRnerMwweofwry elpe, pengthatommstoMrs, 19naaacnReML&cz de. The CanrpMV'sr=Msenfattreand Ertacac3la #�[� mrsa[y d�2rnirie Cie prooed-ares hs b[id[daed }a frinhAs are m plul ct'MM WmVypq en Y Mats and Me ppelhe. If Ercrom1w is j%lt le b mrdmd rte C4mpary r9p9sertiolve. Erk o eh r shot can One CM -Milo etnegeaty Tur+ter 11$?$ -t nl).=" am" the 4107 ptwts r%=ej' rtde all Rlrt!dM%C(dwemffVMCr. ForCepurpumofadspaagrmr-errerpemzyl :at Wne=ac: : OEM T al Wup"or errrkam err= damage aro that requires emrnadme ac16n S kEstrrmarrm SpAn yndm^ m nand save narrses Me conva"I from am apatrt a(I Shan. MuEeeduc - Calms, Cie dod ms:!s UMM nay I= br¢ya aga mter vow L -i the CwTaryor-whM it May statah, Pay ar hcta, W racoma ar or as a Mrd alar h =mEcUn WM EJ Cftal'a'+Sarks M CM EaCnacsmend Lamtkm or fine mnsanrGthes, torr, mahtananaq rr�r, r�xe-we ormnamt arsLcM Encu`: AtMZ- F=Pw ft=a i shat Inder-rrry and sme Ce Company nxmtess ft= MM3 MW=at tares and assessmer e; Of M oe=tflm vnt'is :xwer tNed tp' arty u4lrr't7 m-rsce�cE�'amCn„-rs •rS�trTu. S r anu • ssrh b eek . ele any work or Dm&ww de!.adls in tary'tigaltt arty et is rmi t19ttra andeee Fxw � Vast RnV-- Aanwrent raxIng mese Terms and Ca-Qmq and Eetrmvc fsls b oorpteta arty such aerk ar LC'eN[2 b retried! mgr suss ee�vmin fi atri, ager rrarhoig ntr[e t'atn tine C.a<Fvy m do m, tae Q4"Fm71=1, end stall rat beODW tn. rate SLch SM!"' as It ¢Rm oars MMWb: b =71p Lk slid'• acts CrL'M-00 ZXh derartl sad aXrc :ha Mt�] pap to Me Q:GIsCIEy 43n chm IS rrl as cases IiAered by the ca -parry to Cartraker sucnr spa andmneIly atrV=eft'AMJL fes. Lam Eby talae to retredy srOn oMuC wrif-In t3 awisO'er reralvMgeatca*UM the Cw-yuryto do S% Me Cam;ca•y nay. at ns ealla-t s I as soca card as xnemsay C¢per^talm{s] f7'>Cntb rr'tvaaCuor..ratr 1'Y ErteapenClWatt RegxstApTemertl, b he+rrnade Me Err.ergey'AM aadan Irnn=m granted by the Company tlrME rte E¢rrrs'tioncy Wali Regtr...t hacem=L M rhes rase try neuro:to FJ aawher. at alk" P.Aumx to any cmar Tls am cenl[dw d IM: tea -vary 5 ORML•e Fr81m oaGl 6!' ntkatan at Me "y riCnl Re�tsri hpQmad. l3raSxsRler �pll at erpe4 r="pee SaCh ato a +m.: ms's wyan as the Dii7"J zh ll retains and EnuaadrQ shot resa3 the swats ante Enc=rreet t 0c30 - as neap a Is paCef.Mbte to We radtkn h'sas In kmv--Caldy p•tab eve Carmanimf�rsrtai rte r7 anal Ennoaehers Wats The Comamry stulmMCe res0w=1ebraayc;sders:h resat Cr rr=arjn. The t{"wwtC lura Rerfe+,t Nireemrrd and tr ettr zjmd candlldnsseeRrm ve m d1rapc+e"I"Jtt Clea am : ws arJ ee r�raacaCrner7. LY the �elre[s1dMe Company br"-"-`a"s Waris at the Ervmrhrrsr!o rx>itx D ThatMrM:?wztri: rset set, varcYr. asian, erase or otlrewse dspase ares radar F' � of,= ye are -rad? ne tacaevn is end, cr any pass -xnca'cr sMrest'an Maa7litaeti hthe EnrrachCs Tibrss arae Ctzrdh J. MTmeach GE[ 1r32atratrlV=W dYrMM b CM an agrar jrt m tislcsdarMe LCr. uaay ar b in Rrm ale y as tae Cary MrcmY me purr-haser a7nSYlC. assf[Vr-: rd!c or abler pifr o taking adMR09aor shale apee atA Me CcmFsr9as �r^^�tC3!o-r2.da*.ree.�dFx ecYard by al M[oatgapa'^s and Talion Q E;<inar�trer under ere Em[rgC+sY HYrt FLeq.+est l+p-eC!es*e ante grass ratans anC CoRnffrtaa,'ndnY,loq this paapap119. 5�cadv r2d� not brat mry *tam[ charge—Mr arca a xuatran2 ever Me Land of erErmc7er ahem are En' =z 110 -=MM Is akcad 41!r C CJCM ap hQm ere moraasgee, c aMee or arch[ gran tar r a be enc=rM rd an ackwMeddemer4 In mrtrt and u tartars ME -a dPrrta the Qtma1►.3T ate "17+m arta dngx-ms date Company awl Etndaacher ars$ZM C[+gen,[y Wok Regcelt I,gRCmmtaed encs Tatars alld Casr�nra. FTt([Ta Rl MelaLgto� tL•e �nj7•,q VJart[.rst.�yeemeta am tlnese Term: •rd Cpft2La star same b We bamR of and be tinning yxm Mr t>mtks here:t7 andtlel' nye helm emsssitcrx admkbt= aRcswm and assigns 4 Ms sayer dfarry taeacn�acvyerre wprostian ar Me Erttfepaary Wok Rgae¢A}iwem7r-d.atly yrY[Tet±rc sad Catltlxns s'tYl G71t[rTre nrC[Nntltp itpa^a � �Jru t ta pprnsl4 h ye'lYrg. A viatvetby a � dr ane txCseh shale act I arCar arfrY IhataaaFj! a� atlh •af a[tJ Crier crt.6tre trench Irj, TRe.E^'a�y'ryGrt Reghz« A{yermerd antl !es[ Tenmd and Gmntlllans side are trra�-{,aex9 t7r aaac�GTae7 R aaraisra � Me tans ci the Prnhtnce C. Kew xe :�1¢ and f7e �LW[raf bas arCxwda mp[Iratle atie•etn. I 1 ra »� !s m'P".'sedAr -ere tiara drre legal mt�', rarer�xtes rt iM E�^�ry 7tbA Reahsc 111dgt[[� orad 2'CseTCms and Candtlan: b gut paRJ at tetermrs: rb a7h stn al rstatdn eotltts, p+rriy and sewla7 ,0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE IMM REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED I� • mission Guidelines Brunswick Pipeline �E.� Trans Guideline Name: Requirements for Construction Guideline Number: TG -010C Vw Near Company Pipelines nate: 06/20/2012 Page: 39 of 46 Encroachment Agreement (Page 1) (Date) (Encroacher) (Title) (Department) (Address) SUBJECT: Consent Agreement for your proposed Encroachment of Brnnsnick Pipeline , ICY to , in the County of , in the Province of Bnaisurick Pipeline "The Compauy" has m-ievmd the proposed Encroachment and will consent to it. In consideration of the Company con -seating to die Encroachment, we ask that you agree to the following conditions precedent 1. That you will comply with the general condtions for consent in Schedule `A", attached hereto; 2. That you and your con#ractor will nastall the Encroachment strictly in the mangier described in the Company's Transmission Ga kleline TG -10C, attached hereto 3. That the Encroachment will be domed and constructed strictly in accordance with your (Drawing Number) app mvd by the Company attached as hereto; 4. That the Encroachment will be cited c61tIun ane (1) year of the date of this letter, otherwise this consent will termnrate and a new application will be 5. That as per Schedule "A"_ Sectkm 5, E=awl= shall subunit cefficates or other ewdence of such ctnrent msmance to the Company prior to any work commencing for the Encroaches?_ Please sign and return all three (3) c of the agremad Ming the fatly (4) copies of the enclosed dia-%mg ands= We will subsequeady sign the copies of the agreement and will return tuo (2) for your use. Please em me that a copy is sent to the persons Rlmo will be performing this woA and the it as ai.-&Uble "oar -site". hLgallat on of the Encroadment can then proceed after gicM a mmmmm of three (3) business days a&mce notice to at This Encroachment Agreement and Schedule W. TG -10C and anti attachments constitute the entire Encroachment >? or tem between. rhe Cony and the Encroacher and any change or alteration hereof aha81 be grade in, wzifing between the parties. Yours very truly, BRUNS"ICK PIPELLNE © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE*vib I REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline. iTransmission Guidelines --,- _ _ —. Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pipelines Date: 06/20/2012 1 Page: 40 of 46 Encroachment Agreement (Page 2) (name of approver). (title) Read and agreed to at tlas day of (�aarLer�) I have fife anth.ontY to bud the corporatton NITMSSED BY: ( ) C' COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESER#ED-i REPRODUCTION OF ANY PORTION 1S STRICTLY PROHIBITED LJLJLJ Brunswick Pipeline Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Near Company Prelines Guideline Number: TG -010C Date: 06/20/2012 1 Page: 41 of 46 Encroachment Agreement (Page 3) SCHEDULE W General Conditions for Encroachment Consent 1. In this agreement: (a) the term "Encroacher' refrrs to the person(s) Rho will own, operate and maintain the Facility, (b) the ter. "Contractor" means the persons) who consftets and installs the Facility, (c) the term "Facility' refers to the works of the Encroacber as descnW in the covering letter -agreement to this Schedule; (d) the term " Encroachmeaf" refers to the Encroachment of the Company's pipeiine(s) by the Facility at the location desa*ed in the covering letter- agrement to this Scbeda[e. 2. The Company consents to the Encroachmemt to the extent that it has the right to do so and the Encroacher shall be responsible for obtammg all otber applicable approvals, permits, orders and permissions regmred to construct and install the Facility_ 3. Encroacher agrees to comply with all applicable rules, ordem regulations, codes and guidelines of any competent govvnimeml body or otg =zhon affectmg the design, installation, consinwhon and operation of the Facility. 4. Ewroacher agrees to kdemniT and save harmless thr Company �gsanst any claims, demands, actions, snits, promedutgs, damages, mgmties (it idwhi g injuries resulthig m death) that may arise as a result of the coastractiM installation and operation of the Facility_ 5. In connection with Clause 4, above„ Emrrher, or Contractor, at its own expense shall emy and keep m fall force and effect (a) Comprehensive Gernerai Lability ,n�u=e with an inchmve limit for personal mJuryand property damage of Fi-, e.9lm dollars {.11.5,000 00000), and; (b) Automobile Liability lumance ("owed` amd `nax- rued) with an inclusive limit for bodily mJtuy (includmg passe igm) and property damage of One Million dollars ($1,000,000.00)_ Encroacher shall submit tett ficates or ocher evidnoe of such msurance to the Company prior to any v► odr cow for the Emmarhment 6_ Encroacher agrees to personally peau, the instaliahon and construction of the Facility or else to closely mpenrise its cur and consftwtion by a duly gttaUed contractor(s) and to ausare that said contrachn% complies with all terms and conditions of this agreement. ,'0 COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESEkv�kp-] REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline &�,fl Transmission Guidelines Technical Manual Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Company Pl�lellneS _ Date_ 06/20/2012 Page: 42 of 46 Encroachment Agreement (Page 4) 7. The Encroacher sha11 pay forthtrith upon presentation of an invoice by the Company, all reasonable costs m cu rred by the Company for (a) Review, approval and inspection of the Facroadtmeut, (b) Reinforcing, modifying or relocating the Company's pipelme(s) to accommodate the installation of Enrroacher's Facility or the maintenance and repair of its Facility, (c) Any reasonable incremental costs mined by the Company in the operation, maintenance, replaceore39 mmd repair of ids pipeline(s) whwh are caused by the Encroachment 8- The term and conditions of this consent shall apply to the construction and installation of the Facility and any future rnaintenanie woik that nmy be mq 9. This consent is for the Facility only as apprewed by the Com and any additional works or facihbrs proposed by the Enernaclrer shall be the subject of a separate agreement. 10. Encroacher hereby agrees and ackauwle dges that its rights in the Encroachment are subordinate to the easemem agmeeut wKs) of the Company that ha+rvc been registered or obtained prior to this date and Fx=mcha shall cooperate write all reasonable requests made by the Company mlatxd to the apemtimx mamtemmiee and repair of the Company's pipehue(s) within fi& rasps). 11. In the case of default by the Encrowcher to cagy out any of tlrr provisions of this agreement or if the condition o€E=oacWs Facday has gated and adversely affects the operation of the Company's F4xiinKs), the Company may give written notice thereof. If the Encroacher farts to take all reaonable steps to remedy the default or the deterioration of the: Facility %,% fiffimm 057 days alter receipt of the written notice by the Company: the Comfy may tAe such steps aftw-ory to remedy* the default or detedoration and Encmacber dhall W liable for and shall pay fmdmr.rth all reasonable costs i:ncmred by the Cortrpauy m this regartrk l2. All notices regrted to be ghm he v=A r .gall be delivered by registered mail or facsimile to the addresses shown am the corer letter -agreement and shall be deemed to be received on the 5$h (5`') day figlowing maib4 thereof or upon confirmation of facsimile transmission_ 13. This agreement shall be gnemed m accor&=e umh the lairs of the proclince in which the Encroarlrment is sainted. 14. Neither party to this agmftnant shout A—Im or ewsfis their aim and obligations hemmder to a third party wiftm mist o1banim the written consent of the other party- © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE�t KED REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED uuu Brunswick Pipeline Lip Transmission Guidelines V iR Tachnical Manuni Guideline Name: Requirements for Construction Guideline Number: TG -010C - Near Company Pipelines Date: 06/20/2012 Page: 43 of 46 Encroachment Agreement (Page 5) 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Encroacher has not completed the constttuction and installation of the Facility and restoration of the lands afrbcted by the Encroaches or (b) upon the proper abawknmuent or ramal of the Facility and restoration of the lands to a condition acceptable to the Company and the owner of the property where the Encroaelu t is situate& 16. If any part of ihu agrmemem shall become mull and void by virtue of law or governmental regulation. it shall be smered frnm the agreement; but the rem am mg terms and conditions shall remain m fall force and effect. © COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESERWo-] REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline Transmission Guidelines u ..I Alf...,.. I Guideline Name: Requirements for Construction Guideline Number: TG.010C Near Company Pipelines _ _ Date: 06/20/2012 Page: 44 of 46 APPENDIX D SUMMARY CHECKLIST FOR POTENTIAL EXCAVATORS An Encroachment Agreement or an On -Site Approval Agreement is required by the Company for all third party excavations occurring within the Company's pipeline right-of-way or 30 metre National Energy Board (NEB) Safety Zone. The third party shall adhere to the requirements of the Company's TG -10C, "Requirements For Construction Near Company Pipelines" and the NEB Pipeline Crossing Regulations. A minimum of 10 days notification is required prior to beginning any construction activities within the 30 metre NEB Safety Zone. No excavation or backfill activities are to occur without the Company re resentative onsite to monitor these activities. Preliminary Third Party Responsibilities • The third party shall ensure notification is submitted to the Company via one -call where available or by calling 1-888-410- 2220 to allow the appropriate time for response by the involved parties. • The third party shall designate a spotter dedicated solely to excavation and backfill activities. • The third party shall provide an excavation plan to the Company representative for approval prior to beginning any excavation activities as outlined in this document. • The third party shall review this document with all participants in the excavation and ensure the understanding of the requirements. Third Partz Excavation & Backfill Activities • Bucket teeth shall be barred and side cutters removed. • The third party shall ensure the excavation is in compliance with COSH and NEB regulations. ® COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE�t �{E� REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED uuu Brunswick Pipeline m Transmission Guidelines Torhnirnl Mnmml Guideline Name: Requirements for Construction Guideline Number: TG -010C ^ Near Com any Pipelines Date: 06/20/2012 Page: 45 of 46 • The excavator shall be positioned parallel to the Company's pipeline to safely excavate the pipeline. • A line locator and/or probe bar shall be used to maintain the minimum tolerance zone until the top and side of the pipeline is exposed. • Soft digging equipment shall be required at the third party's expense for excavating within the minimum tolerance zone unless otherwise agreed. • The third party shall continue to probe during the excavation process to ensure no unknown facilities are damaged until the final ditch grade is achieved. • Ample time shall be provided to allow the Company representative to perform relevant inspections prior to proceeding with backfill operations. Third Party Documentation • An as -built drawing/sketch of the final completed foreign facility shall be provided to the Company as outlined in this document. Company Responsibilities • The Company's representative will ensure the excavation plan and safety requirements are reviewed with the third party equipment operator prior to any excavation activity. • Provide third party with a copy of this document and the NEB Pipeline Crossing Regulations. • The Company representative shall have the authority to stop work at any time. 'O COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE"Pj REPRODUCTION OF ANY PORTION IS STRICTLY PROHIBITED Brunswick Pipeline :i Transmission Guidelines Guideline Name: Requirements for Construction Guideline Number: TG -0100 Near Company ft elines Date: 06/20/2012 Page: 46 of 46 • The Company representative shall establish the tolerance zone for use of mechanical equipment in the vicinity of the Company's pipeline as outlined in this document. • The Company is required to notify the National Energy Board of any unauthorized excavations within the NEB 30 metre safety zone or an unauthorized crossing of the Company's pipeline. D COPYRIGHT SPECTRA ENERGY CORP 2007 ALL RIGHTS RESE�E(� REPRODUCTION OF ANY PORTION 1S STRICTLY PROHIBITED LLJJLLJJ . 'AM I �. .16 - -7�V%04 a -', ru- OP COUNCIL REPORT M&C No. 2016-235 Report Date September 09, 2016 Meeting Date September 19, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2016 Capital Budget Harbour Station OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Craig Lavigne Kevin Fudge I Jeff Trail RECOMMENDATION It is recommended that Common Council approve the reallocation of surplus 2016 capital funds for Harbour Station to support the completion of two additional smaller capital jobs, the replacement of netting and roofing work in the amount of $12,533. EXECUTIVE SUMMARY The purpose of this report is to obtain approval from Common Council to reallocate a portion of the approved capital funds for Harbour Station in 2016. Harbour Station was approved for $142,500 as part of the 2016 General Capital Budget. The capital items that were approved have been completed and have come in under budget. Management at Harbour Station has requested a portion of the surplus funds be used to complete some additional capital work, replacement of netting and roofing work. M&C 2015-269 sa REPORT Harbour Station has completed their capital expenditures as part of their 2016 approved capital budget. The approved capital budget for 2016 was $142,500 and included upgrades to cooking equipment, video equipment and information technology infrastructure. The capital program has come in under budget by $15,106. Management at Harbour Station has requested the balance for funds be allocated to other expenditures identified at the facility. The netting used at both ends of the ice during hockey games is at the end of its useful life. There is a major safety issue with the current netting and has already resulted in a patron being injured. There is also a contractual issue with the QMJHL as the netting no longer meets the standards established by the league. The cost of replacing the netting is $7,333. The second item involves the roofing on the facility. The roofing is nearing the end of its estimated useful life of 25 years and the estimated cost to replace is $3,700,000. Harbour Station has engaged Dowd roofing for inspection and a number of rips and tears were identified due to snow and ice buildup. The cost to fix and extend the life of the roof would approximately $5,200. City staff has reviewed the request and supports the utilization a portion of the surplus funds to fund these two projects. SERVICE AND FINANCIAL OUTCOMES The request for these two additional items needed at Harbour Station is within the capital budget envelope for Harbour Station of $142,500 approved in the 2016 General Capital Budget Report Council Report. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Letter from Harbour Station ❑❑❑ 99 Station Street Saint Jobn New Brunswick Canada E2L 4X4 Tel (506) 632-6103 Fax (506) 632-6121 Email; maligharbourstationmb,ca www.harbounution.nb.ca Friday, September 02, 2016 Craig Lavigne Finance Department City of Saint John craig.lavigne@saintjohn.ca Dear Craig: Further to our meetings with Cathy Graham, Kevin Fudge and yourself; Harbour Station is seeking approval for the following. In 2015, the City of Saint John allocated $142,500 dollars for its capital budget. As per the attached spread sheet, Harbour Station spent less on cooking and video equipment. Harbour Station is seeking approval to spend some of the outstanding balance in the capital budget for two projects. As mandated by the Quebec Major Junior Hockey League, Harbour Station must have protective netting at each end zone of the facility. The original netting was purchased nine years ago and through its continuous use is no longer acceptable by League standards. In 2015 during a Sea Dog's hockey game a puck went through the netting at the east end, struck a patron and the facility was subsequently sued. The new netting for both ends cost $7,333 dollars. 2. Harbour Station was built in 1992 and the estimated life of the facilities membrane roof was twenty-five years. Dowd Roof, the original installer did an annual inspection and reported there are a number of rips and tears in the membrane due to ice built up and the age of the roof. The total cost for this project will be approximately $5,200 dollars. To replace the entire roof the budgeted numbers are $3.7 million dollars. Craig thanks for taking time to meet with us over the last few weeks. Yours sincerely, Michael Caddell General Manager, Harbour Station CC: Kevin Fudge, Director Finance, City of Saint Jahn kevin.fudge@saintjohn.ca Jeff Trail, City Manager, City of Saint John ieff.trail�as_ aintiohn.ca The Entertainment ment Centre ofAtlantic Canada ■■■ Budget Actual Balance Replace Cooking Equipment $48,000.00 $38,401.04 $9,598.96 Replace Video Equipment $77,000.00 $71,492.78 $5,507.22 Replace Computers/Servers $17,500.00 $17,500.00 $ 0.00 Total $142,500.00 $127,393.82 $15,106.18 ■■■ r ii..'r I I' COUNCIL REPORT M&C No. 2016-236 Report Date September 12, 2016 Meeting Date September 19, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Stop -Up and Closure and Subsequent Sale of Portion of Southwark Street to Maritime Abrasives Ltd. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Kevin Fudge I Jeff Trail RECOMMENDATION It is recommended Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of a By-law to Stop Up and Close a 550 square metre portion of a public street known as Southwark Street, as shown on a Plan of Survey (see attached), be set for Monday, October 17, 2016 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and 3. In the event that a 550 square metre portion of Southwark Street as shown on the attached Plan of Survey is stopped -up and closed; the City being neither explicitly nor implicitly obligated to enact any by-law to stop -up and close any public street, the City sell the portion of closed street, S LU]HP EUIEi6 Mayor and Common Clerk be authorized to sign all pertinent documents. EXECUTIVE SUMMARY The City of Saint John has received a request to stop -up and close a portion of Southwark Street, and if approved, to sell the land to the adjoining property owner, Maritime Abrasives Ltd., located at civic #90 Paradise Row. The IRAN way that will become the responsibility of the purchaser. The City will retain a 3.0 metre wide right-of- -3- CIL 4k AOP 41 far, z A T. 0) CL 0 0 A 4 AGREEMENT OF PURCHASE AND SALE VENDOR: THE CITY OF SAINT JOHN P. O. Box 1971 15 Market Square Saint John, NB E2L 41_1 PURCHASER: MARITIME ABRASIVES LTD. 10 Mcllveen Drive Saint John, NB E2J 4Y7 LAND: That portion of Southwark Street comprising 550 square metres as shown on Schedule A hereto PURCHASE PRICE: Three Thousand Five Hundred Dollars ($3,500.00) CLOSING: On or before December 31, 2016 1. In the event that the Land is stopped -up and closed, it being understood and acknowledged by the Purchaser that the Common Council of The City of Saint John is neither explicitly nor implicitly obligated to enact any by-law to stop -up and close any public street, the Vendor agrees to sell and the Purchaser agrees to purchase, subject to the terms and conditions hereinafter set out, freehold title to the Land for the Purchase Price. 2. The Vendor is responsible for the preparation and publication of the public advertising required, including but not limited to French translation and newspaper advertising, to satisfy the procedural requirements prior to the consideration by Common Council of any by-law to stop -up and close any street. 3. The Purchaser is responsible for (a) the cost of any Plan of Survey acquired to facilitate the process to stop -up and close the Land, the costs associated with the public advertising required, including but not limited to French translation and newspaper advertising, to satisfy the procedural requirements and the costs incurred for registration and filing in the Saint John County Registry Office should any by-law be enacted; and (b) a deposit of Two Thousand Five Hundred Dollars ($2,500,00) by certified cheque payable to the Vendor and delivered to the Vendor prior to the beginning of the street closing process, the receipt of which is hereby acknowledged; in the event that a by-law is not enacted, the deposit, less the costs of translation and newspaper advertising incurred, will be returned to the Purchaser. 2 1 AGREEMENT OF PURCHASE AND SALE 4. The Vendor shall convey to the Purchaser freehold title to the Land subject to any existing public utilities, including underground gas pipelines, underground or aboveground electrical, telephone or other telecommunication transmission lines or any like public utility and reserving thereout and therefrom a 3.0 metre (10 foot) wide right of way along the eastwardly side of the land for ingress, egress and regress by foot and vehicle(s) between the southern sideline of Paradise Row and the northern sideline of Southwark Street. 5. The Purchaser shall at its cost, risk and expense.- (a) xpense: (a) assume the ownership of and all responsibility for the 150 mm water main service in the Land from the water main in Paradise Row to the building being civic number 90 Paradise Row; (b) assume the ownership of and all responsibility for the sewer main in the Land from the manhole on the southern side of Paradise Row to the said building; and (c) assume the ownership of and all responsibility for the storm water infrastructure in the Land. This clause shall not merge on completion of the purchase and the delivery of the Deed of the Lands to the Purchaser, but shall remain in full force and effect after and notwithstanding the completion and delivery of the Deed. 6. The Purchaser shall be responsible for the provincial land transfer tax and registration fees payable in connection with the deed/transfer. Any HST is the responsibility of the Purchaser. 7. The rights of the Purchaser hereunder may not be assigned to a third parry. 8. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages. 9. Any notice under this Agreement shall be in writing and shall be effectively given and made if (a) delivered personally; (b) sent by prepaid courier service; or (c) sent by prepaid post to the applicable addressee at the address hereinbefore set out. 10. Time shall be of the essence of this Agreement in all respects. 11. 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 3 1 AGREEMENT OF PURCHASE AND SALE 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. 12. 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 the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 13. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 14. This offer shall be irrevocable by the Purchaser until 4:00 p.m. local time on August 31, 2016 and upon acceptance by the Vendor shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 15. 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. Remainder of page intentionally left blank. Signatures on next page, ■■■ AGREEMENT OF PURCHASE AND SALE IN WITNESS WHEREOF the Vendor has executed these presents the day of 2016. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2016 IN WITNESS WHEREOF the Purchaser has executed these presents the day of 411, 4 2016. MARITIME ABRASIVES LTD. SCHEDULLr / AJ �..i� r�o-e 'se n.a.• ..e.,wi �asgens ncn; wrnis'uwekvu,x�...nsx:w 0EN 41 - C t• E e 8 S' r — o��; aog" S; .eL c: o �� \ e�m�� — 2 o€ @•a o " E ei$. .542:Y1g E'C�a� o° mm no Nr m$ i°v��3 - a�O 6B ag �ta �40U5 GUf tFi S e °i Ip 6 g S' o L `° �m n' c a m g x �'r �i C C 7,- ", n .4� o au9mx -��"v°I ! s° .� 83` R'u % �S'E # - � o `G 9 ° En n 5 0l 9 y 0EN COUNCIL REPORT M&C No. 2016-239 Report Date September 12, 2016 Meeting Date September 19, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Extension of the Multifunctional Printer Agreement with Konica Minolta OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Woods Kevin Fudge I Jeff Trail RECOMMENDATION Staff recommends that the City extend the Multi -functional Printer (MFP) agreement with Konica Minolta for the supply and maintenance of Multi -functional Printers for a period of 14 months. EXECUTIVE SUMMARY The City requires a fleet of multifunction imaging equipment that print, copy, and scan documents. In 2012 the City entered into 4 year agreement with Konica Minolta for the supply and maintenance of Multi -Functional Printers (MFP) after completing a RFP process. The agreement expires in September 2016, however, the City has negotiated under the terms of the agreement a 14 month extension. This extension will give the City time to evaluate its current and future printing requirements. The extension will result in a small reduction of $10,000 (approximately 2.5%) in printing costs for the City for the next 14 months. PREVIOUS RESOLUTION No previous resolution for this process STRATEGIC ALIGNMENT The extension of the agreement both reduces costs, but more importantly allows the City flexibility to evaluate the effect of strategic initiatives on its printing and copying requirements. 111111110180 -2 - BACKGROUND INFORMATION The City currently generates 1,500,000 Black and White and 600,000 colour printed pages every year. These copies are generated by 29 Multifunctional Printers. SERVICE AND FINANCIAL OUTCOMES The printing costs are currently included in the operating budgets of the service areas that have one of the 29 printers in the Konica Minolta Contract. The proposed extension will provide City the flexibility to evaluate its printing requirements and include possible changes to service delivery. If the City choose to undertake an RFP process, as done in 2012, the resulting agreement would be for a 4 year or more period with current printing and copying volumes. Recent strategic initiatives such as One Stop Shop, City Hall Space analysis, and Continuous Improvement projects will have an impact on the City jr 1, The aty Of saint John PROCLAMATION WHEREAS National Seniors Day is meant to recognize and celebrate the contributions made by seniors in their communities, families and workplaces; WHEREAS The United Nations has designated October 1" as International Day of Older Persons; WHEREAS National Seniors Day is officially recognized each year by the Government of Canada, who encourage municipalities across Canada to do the same; WHEREAS National Seniors Day provides an opportunity for people of all ages to come together and celebrate; WHEREAS National Seniors Day provides an opportunity to recognize seniors for their on-going contributions and involvement as members of housing co -o s; NOW THEREFORE: 1, Mayor Don Darli of Saint John, do hereby proclaim the day of October I6t, 20 s Natio al Seniors Day. In witness whereof I have set my hand and affixed the City of Saint John. ■■■ seal of the Mayor of the Federation des syndicalistes retraites du Nouveau -Brunswick '0 �Itrd� D July 13, 2016 Dear Mayor and Council "R1-:Ct � New Brunswick JUL 14 2016 Federation of Union Retirees L-------- Subject: Mayoral Proclamation of October 15t as National Seniors Day On behalf of The New Brunswick Federation of Union Retirees, I am writing to request a mayoral proclamation of October 1st as National Seniors Day in the City of Saint John. Internationally, October 1s1 is the United Nations designated International Day of Older Persons. Each year, the Government of Canada officially recognizes Canada's seniors on National Seniors Day on October 1st and is encouraging municipalities across Canada to do the same. This year marks the 26th anniversary of this designation. National Seniors Day recognizes and celebrates the contributions made by seniors in their communities, families, and workplaces. Because housing coops provide stable and affordable housing, as well as opportunities for involvement, many members choose to stay in their coop homes as they age. Older co-op members are a vital part of our co-op communities and declaring October 1st as National Seniors Day would recognize these ongoing contributions. We also believe that this proclamation will provide an opportunity for people of all ages to come together and celebrate. We hope you will consider this request and proclaim October 1st as National Seniors Day in, Saint John and allow us to have a flag raising of the United Nations IDOP flag. We have also arranged to have a brief social at the Firemen's Hall on King Street North following the flag raising. If you would like to discuss this further, please contact me at 657-1799 or my cell 343- 1938 Thanking you in advance for your consideration of this request. PatHa Pr s New unswick Federation of Union Retirees Y. 0W■ fAw r1*41,110 THE COMMUNITY FOUNDATION building a greater saint john www.thecommunityfoundationsj.com Our Mission: To serve as trustee of gifts, support charitable organizations and inspire community leadership. Our Vision: To ensure a sustainable future and improve the quality of life in Greater Saint John. _ j 1 Our History The Greater Saint John Community Foundation was established 40 years ago, by an Act of the New Brunswick Legislature in 1976, to serve as a trustee for charitable, educational and cultural purposes. It is an independent community charity governed by a volunteer board of community leaders. It administers funds, large and small, donated by public-spirited citizens for the benefit of the Greater Saint John area and its people. building a greater saint john ❑❑❑ Our Board of Directors * J. Michael (Mike) Murphy, Chairperson * John Lawrence, CPA, CA, CGA * Cynthia J. Benson * Harry Daley * Danny Jardine B. Sc., M. Sc., MPA * Doug MacDonald, Past Chair * Dr. Michael Simon * John L. Travis, Vice -Chairperson * Michelle Thibodeau Coates * Joseph Brooks * R. Gary Faloon, Q.C. * Robert Keays * Mayor Don Darling * Rev. Dr. Elizabeth Stevenson building a greater saint john ❑❑❑ Endowments and Granting As of Oct. 31St 2015, we hold over 13.5 million dollars in invested endowments. Every year we use the income from these investments to issue grants to charitable activities and support local students in the Greater Saint John area. We granted over $538,000 last year, as of October 31, 2015 for local youth, seniors, health and medicine, education, arts and culture, environment, and social services. Kennebecasis Valley Oasis Youth Centre received our annual Anniversary Grant of a $40,000. 45 Students received over $60,00o in scholarships/bursaries last year. 4 OTH ANNIVERSARY GALA THE COMMUNITY FOUNDATION DATE Thursday, October 27, 2016 LOCATION Imperial Theatre Saint John TIME 5:45 pm FORMAT Passed hors d'oeuvres BUY YOUR 1TICKEY TODAY - r11- $152 per ticket, with $100 charitable tax receipt for each ticket purchased. Tickets can be purchased at the Imperial Theatre, online, in person, or via telephone at 506.672.8880 ■■■ pppp� Lower Cambridge —qlll eellelsle Creek Hoyt Wel sford St. Martins Saint John M aces Bay THE COMMUNITY FOUNDATION ■■■ IL �!�JL ~4P 11 sic P 17 i Fi�o r T nic.i.he Mu Pat A 0 1 e-#" Human Development in Poverty -t..; Council Reduction 1 POVERTY The condition of a person who lacks the resources, means, opportunities, and power necessary to acquire and maintain economic self-sufficiency or to integrate into and participate in society. i :=� ROTI - OP, CP 1 GRANDBAY- WESTFIELD OP 6.2% CP 9.0% HAMPTON OP 10.1% CP15.1 Original r ---n LLLJ Revised AIM Wats Village WARD 1 OP 11.2% CP 18.8% Lone parent families 18.7% a r F r WARD l WARD 2 OP 26.0% CP 41.1% Lone parent families 27.2% WARD 2 OU TIER z - Ift WARC kUARTIER 3 4 WARD 3 OP 31.7% CP 48.5% Lone parent families 33.2% - L 1 WARD 4 OP 11.6% j CP 18.0% ' Lone parent families 20.2% ■ ARD 4 5l r Elec[�ra� �uari e i 5 L Words Elect-brbux ' x%rki Simi% Fri. Lt.. W.i mu16� rt on ;Qlsll ! M 1 7i 04 914 IP: r Orm S } O� ! IFINY IN w ire i F Wll M i AGII IMMI Jose 4US IIOCaI L WHERE C DO 5 � a -F E ---- y CANADIA14, 5� • f 4 r .� r F.-I.G 0 V E N M �� Y � +.i + • -i.' STT Y r IX 44. � is ' - � + �, �, _� �'� -•� l Y '#� �+ � { i~ � f •iR a l k� 4 � ; � ' } 1 �r �� i ��• �. �'- �� ■ i� � 7TM - r �� ._ �� Try � � � AL jib. r-' _-# disk Arlo TF %6L 01 o� �.L46h l sJ EXCLUSIVE POWER Fki'�' P ROV�INC. A�L� � LEGISLATURES �' ' _ r 1'�, _ � ��•. ''J�,C ' .--r ; ems. _ � r. � MOO "`.''� I r-40 16, �1 o c a - • 50 SOCIA -L -.PROCUREMENT r Embedding' community and social benefits criteria into public contracts to leverage public spending in support of socio- economic goals,. i4 ")Nmry • M Many jurisdictions use smaller, lower -value contracts as an opportunity to buy directly from businesses that are majority- owned by a target grou P,—� -.. e.g., minority, aborg�na , veteran, or that serve a social purpose i.e. social enterprise. q19 4b .1&4%& L FEDERAL: The Government of Canada's Procurement Strategy .C... AL.. ....x w* =0 mmmh Ink Dulbilitfbb BRITISH COLUMBIA: BC's Social Impact Purchasing Guidelines NOVA SCOTIA: In 2009 the province developed a Sustainable Procurement Policy QUEBEC: The Social Economy Action Plan MANITOBA: The Manitoba Social Enterprise Strategy, i TOR r� The City of Toronto began developing its.... . � Social Procurement Framework in 2013. the Framework is the C ity's po several pliot underway. 01 a key component of _cy reduction strategy and �iects are already 4 1 Fa Y • 1 . 8 milli on workers ....... � .,. �. � - amongst worKing poor V-- T- � _ 10 in Canada Whv? Laws that set inimurn wages don't flect, real costs of i ring. Working Poor 77- 74, i il I It All EDMUNDSTON 6.3% FREDERICTON 8.1 SAINT JOHN 8.7% � CAMPBELLTON 8.0/ BATH U RST 7.2% MIRAMICHI 6.5% MONCTON 8.5% DIEPPE 4.7% BRUNSWICK r Ir Working Poor IP ■ IS A L1V�[NG WAGE. AAW,gwage is a level of pay that ensures someone working full-time earns enough to meet basic needs and rmunity. 1,1- : ■ 0 t- 0 OWL 0 ec. ttV" ... Fair pair for work Raised out of poverty Better quality of life and improved health Education /Skills training OP 91 tyAh w Less sick time Workers are happier and r } work harder � i � ■ r � More attractive jobs for job seekers OGood for business! DaoO 000 WHAT'S THE LIVING AGI IN YOU Y7 CHILD CARE COST INFANT $846 Pov, RT. _ _ ,. . • - may.- _ _*µ s � _.AkF 3 ML of oil. 4MMw tions for r si d r i ori ~ "ft . SHOULI:r =A.City of Saint John - -� Regular Employees City of Saint John - I -- ll Employees E(Part time and casual) 3-Citv of Saint John - PAY tei_ — THE A LIVING WAGE All Employees and Service Contractors HDC wl LOCAL LIVING WAGE E WILL WORK WITH C TO INV , a, FF E SOCIAL PROCUREMENT O�t�SAINT JOHN 1 1 - iI r Human Development Council AL t , BY-LAW NUMBER C.P. 111-31 A LAW TO AMEND TAE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111-31 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr&6 ce qui suit : The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land hating an area of approximately 1442 square metres, located at 239-241 Loch Lomond Road, also identified as PID Nos. 55052476 and 55052484, from Two -Unit Residential (R2) to Low -Rise Residential (RL). all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2016 and signed by: Mayor/Maire L'arret6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 1442 m6tres carr6s, situ6e au 239-241, chemin Loch Lomond, et portant les NID 55052476 et 55052484, de zone r6sidentielle bifamiliale (R2) a zone r6sidentielle d' immeuble d'habitation bas (RL). - toutes les modifications cont indiqu6es sur le plan ci joint et font pantie du present arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2016, avec les signatures suivantes: Common C1erk/Greffier communal First Reading - September 6, 2016 Premi6re lecture Second Reading - September 6, 2016 Deuxi6me lecture Third Reading - Troisi6me lecture FIM le 6 septembre 2016 - le 6 septembre 2016 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John ch. Loch Lomond Rd. FROM 1 DE Two -Unit Residential Zone residentielle R2 - habitations bifamiliales Applicant: Gino Doucet Location. 239-241 Loch Lomond Road PID(s)INIP(s): 55052476 and/et 55052484 TO 1 A Low -Rise Residential RL Zone residentielle - Immeubles d'habitation bas Considered by P.A.C.lconsidere par le C.C.U.: August 16 aout, 2016 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #1Arrete # Drawn By/Creee Par: Maxime Lapierre Date Drawn/Carte Creee: September 12 septembre, 2016 FIM Abb11W VW�1 Touchstone Academy, 68a Hampton Road, Rothesay (506) 847-3038 Sept 13th, 2016 Dear Mayor Darling and Members of the City Council, Thank you for considering this request to deliver a presentation to the City Council regarding the Amazeatorium. This initiative, designed and organized by staff and parents at Touchstone Academy and implemented with the help of over 100 volunteers from many local businesses and organizations, draws close to 5000 visitors to Saint John's Harbour Station each spring. The Amazeatorium has been growing in size, popularity and reach over the past five years. The Amazeatorium capitalizes on the talents of Saint John businesses, organizations and ordinary residents to promote the growth of a rich recreational and educational environment for families, and to provide innovative, community-based programming. We have found one of the best ways to describe this unique event is as a "pop-up kids' museum." Saint John is fortunate to boast a wide range of passionate professionals and tradespeople -- scientists, mechanics, artists, doctors, musicians, radio producers, athletes, filmmakers, park rangers, dancers, and architects among many others—who generously volunteer their time to share their expertise with children at the Amazeatorium each year. These community volunteers transform Harbour Station into a space for kids to tinker and explore, where students have the freedom to pursue their interests, where joy and play are encouraged, and where meaningful learning is put into the hands of our community. We believe that our mission closely aligns with the goals and objectives outlined in the City's current strategic plans for recreation and community development, and that a formal partnership would create powerful synergy as we move into the sixth year of operation. As a signature event for the City, the Amazeatorium will attract visitors to Saint John, strengthen existing community networks and provide a forum for the development of new relationships supporting high quality recreational and educational opportunities in our region. We would welcome the opportunity to work with a partner who shares our commitment to providing top-notch community programming for families and city residents. The Amazeatorium is truly a unique event, born and built out of the strengths of Saint John. We would deeply appreciate the opportunity to provide a more comprehensive presentation regarding the opportunity for a formal partnership at your earliest convenience. Many thanks, Julie Atkinson Amazeatorium Coordinator Touchstone Academy Julie@amazeatorium.com (506) 847-3038 Meeting Date I September 19, 2016 Deputy Mayor McAlary and Councillors, Subject: Parking Lot Compliance Program RESOLVED that as recommended by the Committee of the Whole, having met on September 19, 2016, Common Council adopts the following resolution: Common Council receive the submitted report entitled_Parking Lot Compliance Program for information. Sincerely, Don Darling Mayor lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 nnTI COUNCIL REPORT M&C No. 2016-237 Report Date September 06, 2016 Meeting Date September 19, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Parking Lot Compliance Program Update OPEN OR CLOSED SESSION This matter is to be discussed in closed session pursuant to the provisions of subsection 10.2(4)(a,b,g) of the Municipalities Act. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that: (1) Staff provide Committee of the Whole a further update on the Parking Lot Compliance Program in November 2016 once all compliance deadlines are passed and any remaining non-compliant properties are identified for legal action, (2) This report be released in regular open session of Common Council excluding the sa To date, 15 properties are now in compliance; 11 properties are in the process of becoming compliant (compliance -pending) and 10 properties are still non- compliant, although a few of those have yet to reach their compliance deadlines. It is recommended that staff report back to Committee of the Whole in November 2016 once all compliance deadlines are passed to identify which cases require legal action in the form of a prosecution in Provincial Court. PREVIOUS RESOLUTION On August 22, 2016, Committee of the Whole passed the following resolution: RESOLVED that the item entitled Parking Lot Update be brought back to the Committee in September for an update. STRATEGIC ALIGNMENT -3- • Property research and inspections to verify property information and identify what is needed to have the property conform to the current Zoning By-law, • Development and implementation of a multi -faceted enforcement strategy using various compliance tools to achieve voluntary compliance, and • Notifications and follow-up with individual property owners to encourage and facilitate voluntary compliance. Analysis Z! dates. Staff has been working with the owners of these lots over the last year or so and is confident that compliance will be achieved in full. It is worthy to note that one of these properties was one that the City successfully pursued in court and the use ceased. The owner has since decided to establish the lot as a commercial parking lot and is following the approval process, with a compliance date in 2017. There are currently 10 properties that are still non-compliant, five of which have received PAC approval (three have pending compliance dates). In the majority of the cases, staff is working in cooperation with the property owners and compliance is probable, as long as deadlines are provided and firm actions follow. In the case of two properties owned by the same person, the property owner has advised their intention is not to comply with the by-law requirements; legal action is possible in this case. Next Steps Staff recommends a further update to Committee of the Whole in November 2016 once all compliance deadlines are passed and non-compliant properties are identified for legal action. Details concerning any remaining non-compliant properties will be provided to the Committee so that a decision to proceed with prosecutions in Provincial Court can be made at that time, if the Committee and Council so chooses. Throughout implementation of the Parking Lot Compliance Program, staff has made a number of improvements to the program to enhance clarity and streamline processes. Early next month, staff will be presenting a number of housekeeping amendments to the Zoning by-law, one being a modification to -5 - Parking lot Map Meeting Date I September 19, 2016 Deputy Mayor McAlary and Councillors, Subject: lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Meeting Date I September 19, 2016 Deputy Mayor McAlary and Councillors, Subject: Procurement of Realty Consulting Services for City Hall Space RESOLVED that as recommended by the Committee of the Whole, having met on September 19, 2016, Common Council adopts the following resolution: That the City engage a professional realty consulting firm for City Hall space to support the lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1