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2021-01-11_Agenda Packet--Dossier de l'ordre du joure City of Saint John Common Council Meeting AGENDA Monday, January 11, 2021 6:00 pm Meeting Conducted by Electronic Participation Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1. Minutes of December 21, 2020 5 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Banking Resolutions (Recommendation in Report) 12 - 15 5.2. Borrowing Resolutions (Recommendation in Report) 16 - 17 5.3. Proposed Public Hearing Date - 0 Eldersley Avenue (Recommendation in 18 - 20 Report) 5.4. Advance Metering Infrastructure Upgrade (Recommendation in Report) 21 - 43 5.5. 2021 Insurance Renewal (Recommendation in Report) 44 - 47 5.6. Terms of the Fall 2020 Debenture Issue (Recommendation: Receive for 48 - 50 Information) 5.7. Land for Public Purposes Release - 1250 Latimore Lake Road 51 - 62 (Recommendation in Report) 5.8. Tender 2020-085103T — Building Renovations — Fire Station #1 Emergency 63 - 67 Planning, Preparations, Response and Testing Simulation Theatre (Recommendation in Report) 5.9. Security Awareness Training Solution (Recommendation in Report) 68 - 108 5.10. Appointment of Justin Speight -Canadian Corps of Commissionaires as Bylaw 109 - 109 Enforcement Officer (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1. Saint John Cycling Club 110 - 135 9. Public Hearings - 6:30 p.m. 9.1. Proposed Zoning By -Law Amendment with Planning Advisory Committee 136 - 189 report recommending Approval - 144 Lansdowne Ave (1 st and 2nd Reading) 9.2. Proposed Zoning By -Law Amendment with Planning Advisory Committee report 190 - 230 recommending Approval - 19 Paddock Street (1 st and 2nd Reading) 9.3. Proposed Section 59 Amendment - 154 Waterloo Street 231 - 266 10. Consideration of By-laws 10.1. Public Presentation - Proposed Municipal Plan Amendment - 2100 Sandy 267 - 327 Point Road 10.2. Public Presentation - Proposed Municipal Plan Amendment - 2400 Ocean 328 - 342 Westway 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1. City Manager Update (Verbal) 12.2. Demolition of Vacant, Dilapidated and Dangerous Building at 82 Mecklenburg 343 - 374 Street (PID 00006379) 12.3. Demolition of Vacant, Dilapidated and Dangerous Building at 12-14 Cliff Street 375 - 406 (PID 00014324) 13. Committee Reports 1 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. Fundy Regional Service Commission: Plastic Checkout Bag Bylaw 407 - 410 (Recommendation: Refer to City Manager) 15.2. Province of New Brunswick: AIM Facility (Recommendation: Receive for 411 - 411 Information) 15.3. Province of New Brunswick: Safe Restart Program (Recommendation: 412 - 412 Receive for Information) 15.4. A. Bezeau: Stu Hurley and Belyea Arenas (Recommendation: Refer to City 413 - 433 Manager) 16. Supplemental Agenda 17. Committee of the Whole 17.1. Recommended Appointments to Committees 434 - 434 18. Adjournment 3 City of Saint John Common Council Meeting Monday, January 11, 2021 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 du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuanttothe provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., Meeting Conducted through Electronic Participation 1.1 Employment Matter68(1)(j) 1.2 Financial Matter68(1)(c) 1.3 Financial Matter68(1)(c) 1.4 Financial Matter68(1)(c) 1.5 Financial Matter68(1)(c) 1.6 Nominating Committee68(1)(b) Ville de Saint John Seance du conseil communal Lundi 11 janvier 2021 18h Reunion tenue par participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h Reunion tenue par participation electronique 1.1 Adoption du proces-verbal 68(1) 1.2 Question financiere 68(1)c) 1.3 Question financiere 68(1)c) 1.4 Question financiere 68(1)c) 1.5 Question financiere 68(1)c) 1.6 Comite de nomination 68(1)b) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Resolutions bancaires (recommandation figurant clans le rapport) 5.2 Resolutions d'emprunt (recommandation figurant clans le rapport) 2 5.3 Date proposee de I'audience publique — 0, avenue Eldersley (recommandation figurant clans le rapport) 5.4 Amelioration de ('infrastructure de comptage avance (recommandation figurant clans le rapport) 5.5 Renouvellement de I'assurance en 2021 (recommandation figurant clans le rapport) 5.6 Modalites de I'emission d'obligations de I'automne 2020 (recommandation : recevoir pour information) 5.7 Communique sur la vente de terrains a des fins publiques au 1250, Latimore Lake Road (recommandation figurant clans le rapport) 5.8 Appel d'offres 2020-085103T — Renovation de I'immeuble — Theatre de simulation de la planification, des preparatifs, de ('intervention et des essais en cas d'urgence a la caserne d'incendie n° 1 (recommandation figurant clans le rapport) 5.9 Solution deformation sur la sensibilisation a la securite (recommandation figurant clans le rapport) 5.10 Nomination de Justin Speight, Corps canadien des commissionnaires, a titre d'agent d'application des reglements (recommandation figurant clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Saint John Cycling Club 9. Audiences publiques 9.1 Proposition de modification du reglement de zonage avec rapport du Comite consultatif de I'urbanisme recommandant I'approbation —144, avenue Lansdowne (jr' et 2e lectures) 9.2 Proposition de modification du reglement de zonage aver rapport du Comite consultatif de I'urbanisme recommandant I'approbation —19, rue Paddock (11e et 2e lectures) 9.3 Modification proposee a I'article 59 —154, rue Waterloo 10. Etude des arretes municipaux 9 10.1 Presentation publique — Modification proposee au plan d'urbanisme — 2100 Sandy Point Road 10.2 Presentation publique — Modification proposee au plan d'urbanisme — 2400, Ocean Westway 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour du directeur municipal (verbale) 12.2 Demolition d'un immeuble vacant, delabre et dangereux au 82, rue Mecklenburg (PID00006379) 12.3 Demolition d'un immeuble vacant, delabre et dangereux au 12-14, rue Cliff (PID00014324) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Fundy Regional Service Commission : Reglement sur les sacs d'epicerie en plastique (recommandation : transmettre au directeur municipal) 15.2 Province du Nouveau -Brunswick : Installation AIM (recommandation recevoir pour information) 15.3 Province du Nouveau -Brunswick : Programme de relance securitaire (recommandation : recevoir pour information) 15.4 A. Bezeau : Arenas Stu Hurley et Belyea (recommandation : transmettre au directeur municipal) 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Nominations recommandees aux comites 18. Levee de la seance ll Present: Also Present: COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN DECEMBER 21, 2020 AT 6:00 PM 2nd FLOOR COMMON COUNCIL CHAMBER, CITY HALL Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge City Manager J. Collin General Counsel M. Tompkins Deputy Fire Chief R. Nichol Chief of Staff & Chief Financial Officer K. Fudge Director I. Fogan Commissioner, Public Works & Transportation Services M. Hugenholtz Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Director Legislative Services / City Clerk J. Taylor Deputy City Clerk P. Anglin Administrative Officer R. Evans 5 COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 1. Call to Order 2. Approval of Minutes 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Saint John Energy — Way Ahead 17.2 Interim Funding — Regional Economic Development Agency of Greater Saint John 17.3 Progress Report on Wind -Down of Develop Saint John and Discover Saint John MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report entitled City Market Lease with The Blue Pelican Bath and Body Common Council adopt the following: 1. That the City enter into a Lease for Stall 1 in the City Market with The Blue Pelican Bath and Body, under the terms and conditions as set out in the Lease submitted; and 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in the consent agenda item be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of Bylaws 2 X COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 d6cembre 2020 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 City Manager Update (Verbal) The City Manager summarized the year's challenges and the resolve of the Council and staff facing the many issues ranging from COVID-19 to cyberattack in a Christmas themed rhyme. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the City Manager verbal update be received for information. MOTION CARRIED. 12.2 Demolition of Vacant, Dilapidated and Dangerous Buildings at 14-16 Exmouth Street (PID 00012864) Referring to the submitted report entitled Demolition of Vacant, Dilapidated and Dangerous Buildings at 14-16 Exmouth Street (PID 00012864) City Planner B. Purinton illustrated the dilapidated and dangerous condition of the garage and rear section of the property. The portion of the building which will not be demolished is occupied by tenants. Staff was able to contact the owner to discuss remedy options. The City Manager read the following cautionary demolition statement: The information which has been provided in the Council Kit includes the report of the Building Inspector stating that building rear section and garage located at 14-16 Exmouth Street (PID 00012864) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding an encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated? No one came forward to present evidence. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report entitled Demolition of Vacant, Dilapidated and Dangerous Building at 14-16 Exmouth Street (PID 00012864) Common Council approve the following: RESOLVED that the garage and rear addition located at 14-16 Exmouth Street, PID# 00012864, are to be demolished as they have become a hazard to the safety of the public by reason of dilapidation; and 7 COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 BE IT FURTHER RESOLVED that the garage and rear addition located at 14-16 Exmouth Street, PID# 00012864, are to be demolished as they have become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Buildings at 206 Norris Road (PID 00328765) Referring to the submitted report entitled Demolition of Vacant, Dilapidated and Dangerous Buildings at 206 Norris Road (PID 00328765) City Planner B. Purinton illustrated the dilapidated and dangerous external condition of the abandoned buildings. The City Manager read the following cautionary demolition statement: The Information which has been provided in the Council Kit includes the report of the Building Inspector stating that building located at 206 Norris Road (PID 00328765) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding an encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated? No one came forward to present evidence. Moved by Deputy Mayor McAlary, seconded by Councillor Casey: RESOLVED that as recommended by the City Manager in the submitted report entitled Demolition of Vacant, Dilapidated and Dangerous Buildings at 206 Norris Road (PID 00328765) Common Council approve the following: RESOLVED that the buildings located at 206 Norris Road, PID# 00328765, are to be demolished as they have become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and 4 COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 Structures By -low are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Police Force 2021 Operating Budget (Recommendation: Receive for Information) Responding to question the City Manager commented that the current process is to receive the report for information. The City Manager stated it is problematic to respond to questions on the budget however, questions may be taken, and answers looked into. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the letter from the Saint John Board of Police Commissioners regarding the Saint John Police Force (SJPF) 2021 Operating Budget be received for information. MOTION CARRIED with Councillor Norton voting nay. Moved by Councillor Hickey, seconded by Councillor Armstrong: RESOLVED that Common Council request a letter of invitation be sent for representation by the Saint John Board of Police Commission to appear before Council to respond to questions on the submitted 2021 Operating Budget. MOTION CARRIED with Deputy Mayor McAlary voting nay. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Saint John Ener2v — Wav Ahead Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on December 21, 2020 Common Council adopt the following: 1. That the City enter into the Memorandum of Agreement between The City of Saint John and The Power Commission of the City of Saint John in relation to the Burchill Wind Project in the form as described to Committee of the Whole at its December 9 COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 21, 2020 meeting; and that the Mayor and City Clerk be authorized to execute the said Memorandum of Agreement; and further 2. That (a) in each year, the City of Saint John's portion of benefit of the Burchill Wind Project over its planned 25-year period be applied for purposes of the Community Energy Plan, reducing the City's expenses for that purpose, and (b) in the next following year, and in accordance with The City of Saint John Ten Year Financial Plan, the amount of such benefit be placed into a tax rate reduction reserve, such that the funds in that reserve account be applied solely for purposes of tax rate reduction. MOTION CARRIED. 17.2 Progress Report on Wind -Down of Develop Saint John and Discover Saint John The City Manager commented that the existing agencies are winding down to enable the new Economic Development agency. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole having met on December 215Y, 2020 Common Council approve the following: A. As it relates to Discover Saint John: 1. Extend the appointment of Dave Drinnan to the Discover Saint John Board of Directors until June 30t", 2021; and 2. Extend the appointment of Stephany Publicover to the Discover Saint John Board of Directors until June 301", 2021; and B. As it relates to Develop Saint John: 1. RESOLVED that the City, being the sole owner of the capital of DEVELOP SAINT JOHN INC./DEVELOPPER SAINT JOHN INC. (the "Corporation"), a New Brunswick corporation, DOES HEREBY RESOLVE THAT By -Law No. X of the Corporation, as enacted bythe directors on December 17, 2020, is hereby ratified and confirmed as a bylaw of the Corporation; and further, 2. That the City enter into the Transfer Agreement with Develop Saint John Inc./Developper Saint John Inc. in the form as attached to this M&C and that the Mayor and Clerk be authorized to execute said Agreement. MOTION CARRIED. 17.3 Interim Funding — Regional Economic Development Agency of Greater Saint John The City Manager commented on the forthcoming new Members Agreement and Funding Agreement for the Agency. no 10 COMMON COUNCIL / CONSEIL COMMUNAL December 21, 2020 / le 21 decembre 2020 Moved by Councillor Merrithew, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on December 215t, 2020 Common Council approve the Operating Advance Agreement between the City and the New Regional Economic Development Agency for Greater Saint John in the form attached as Schedule "A" and, further, that the Mayor and City Clerk be authorized to execute the said agreement. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on December 21, 2020 be adjourned. IL IQIIQ0KlLlI'll ilk] lI193 The Mayor declared the meeting adjourned at 7:25 p.m. 7 11 COMMON COUNCIL REPORT M&C No. 2021-002 Report Date January 06, 2021 Meeting Date January 11, 2021 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Banking Resolutions 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 John Collin It is recommended that Common Council adopt the following resolutions: "Be it resolved: 1. That the banking business of the City of Saint John, or any part thereof, may be transacted with the Bank of Nova Scotia. 2. That any two of the: Chief Financial Officer Senior Finance Manager Intermediate Accountant be and are hereby authorized on behalf of the City: (a) to borrow money from time to time by way of direct advances by Promissory Notes, Overdraft, or Standby Letters of Credit/Letters of Guarantee; (b) To oversee banking business to include, without limitation, the operation of the City's accounts; the making, signing, drawing, accepting, endorsing, negotiating, lodging, depositing or transferring of any cheques, promissory notes, drafts, acceptances, bills of exchange and orders for the payment of money; the approval of any administrative arrangement relating to any such banking business and defining the rights and power of the parties thereto; and the authorizing of any officer of such institution to do any act or thing on the City's behalf to facilitate such banking business; and 12 -2- (c) To delegate certain transactions which fall under a dollar threshold designated in internal policies, to specific employees of the City as laid out in said internal policies. 3. That any one of the: Chief Financial Officer Senior Finance Manager Intermediate Accountant be and are hereby authorized on behalf of the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by any one of them or having the name of the City impressed thereon by rubber stamp or other devise without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; and (c) To delegate any authority conferred on such person by sub -paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That this resolution shall, from the time Common Council approves, supersede any previous resolutions and instructions respecting the transaction of banking business between the City and Bank of Nova Scotia." "Be it resolved that: 1. The corporation will: open and operate the following accounts, which may be margin accounts: • CIBC Wood Gundy Investment Consulting Service ICS 531-08670 • CIBC Wood Gundy Investment Consulting Service ICS 531-27141 • CIBC Wood Gundy Investment Consulting Service ICS 533-40512 13 am 2. The signing authorities are authorized to open and operate the accounts on the corporation's behalf, and to: For all accounts: • Buy, sell, trade in or exercise any right with respect to securities (including short sales and options), and carry out other transactions in the accounts • Request payments to be made or securities to be endorsed by the corporation, or delivered or transferred to the corporation by another or from the corporation to another • Borrow funds from or through CIBC Wood Gundy, and pledge collateral • Sign Binding agreements and obligate the corporation to carry out arrangements with CIBC Wood Gundy, and sign all releases, powers of attorney and other documents on the corporation's behalf • Pay sums and take any other action necessary in connection with the accounts For managed accounts: • Authorize CIBC Wood Gundy to manage the accounts on a fully discretional basis" EXECUTIVE SUMMARY The Bank of Nova Scotia manages the City main banking account for its day to day operations, along with several other banking accounts. The bank requires certain resolutions to be passed by Common Council. One of these is the banking resolution that sets out the signing officers of the Corporation. As a result of recent staffing changes and corporate realignment, it is necessary to modify the existing banking resolutions to reflect current staffing structure. CIBC Wood Gundy currently holds and manages funds that are held in trust. CIBC Wood Gundy also requires certain resolutions to be passed by Common Council as it relates to signing authority related to these trust funds. M&C-2019-316 — Banking Resolutions 14 -4- REPORT The Bank of Nova Scotia manages the City main banking account for its day to day operations, along with several other banking accounts. The bank requires certain resolutions to be passed by Common Council. One of these is the banking resolution that sets out the signing officers of the Corporation. As a result of recent staffing changes and corporate realignment, it is necessary to modify the existing banking resolutions to reflect current staffing structure. CIBC Wood Gundy currently holds and manages funds that are held in trust. CIBC Wood Gundy also requires certain resolutions to be passed by Common Council as it relates to signing authority related to these trust funds. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 15 COMMON COUNCIL REPORT M&C No. 2021-004 Report Date January 06, 2021 Meeting Date January 11, 2021 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Borrowing Resolutions 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 John Collin I;7��r•1uIu7�►�►�7- rrr•�►�i It is recommended that Common Council adopt the following resolutions: 1. That the Chief Financial Officer is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of direct advances by Promissory Notes, Overdraft, or Standby Letters of Credit/Letters of Guarantee, a sum or sums not exceeding at any one time six million dollars ($6,000,000) to meet current expenditures for the year 2021; and 2. That the Chief Financial Officer is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of direct advances by Promissory Notes, a sum or sums not exceeding at any one time twenty-five million dollars ($25,000,000) to meet capital expenditures for the year 2021. 1�:7��►jrPl��►l /�1:�7 The Bank of Nova Scotia requires certain resolutions to be passed by Common Council to formalize the line of credit with the City. These resolutions were last updated by Common Council at its meeting of Jan 13, 2020. At this time, there is a need to provide the bank with updated resolutions. 16 -2- PREVIOUS RESOLUTION M&C-2020-05 — Borrowing Resolutions REPORT The City has credit facilities with the Bank of Nova Scotia in the amount of $21,000,000. This amount represents $6,000,000 for general operating purposes and $15,000,000 for bridge financing on capital expenditures. The calculation of the line of credit for operating purposes is outlined in the Local Governance Act and is set at a maximum of 4% of the operating budget. Based on the City's 2021 operating budget the maximum the City could borrow for operating purposes is $6,293,262. It is proposed to maintain with the bank an operating line of credit of $6,000,000. With respect to the bridge financing for capital expenditures, as a result of the magnitude of the City's capital programs, it is proposed to maintain the current credit level of $15,000,000, not to exceed $25,000,000. It is unlikely that actual borrowings will reach these combined levels, but there is no harm in having the credit limits in place as a precautionary measure. The City has not borrowed money from the Bank of Nova Scotia for general operating purposes or bridge financing since 2013. Major capital projects can put a drain on financial resources because the City pays for capital projects upfront and then borrows after expenditures are incurred. In these circumstances the City will need borrow money short term. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 17 COMMON COUNCIL REPORT M&C No. Click here to enter text. Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date - 0 Eldersley Avenue AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton I John Collin RECOMMENDATION That Common Council schedule the public hearing for the rezoning application of the City of Saint John (Susan Michaud, 0 Eldersley Avenue — PID 00471359) for the Common Council meeting of Monday February 8, 2021 at 6:30 p.m. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning applications received and to recommend an appropriate public hearing date. The next available public hearing date is February 8, 2021. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 (now referred as section 591 resolutions/ agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following application has been -2- received: Name of Location Existing Proposed Zone Reason Applicant Zone City of Saint 0 Eldersley Environmental Rural (RU) To correct a John (Susan Avenue (PID Protection technical Michaud) 00471359) (EP) mapping error in the transition of the zoning map during ZoneSJ. City Staff have been engaged with the applicant regarding the process to have the zoning of the site revert to its previous zoning. From a customer service perspective, this is a City initiated application to rectify a technical mapping error that is occurring at no cost to the landowner. STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services and economic growth. F��:��1[�1��TP1�7dIP/_�TPI�/_�l��I►j���1�TI�7 The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable 19 am ATTACHMENTS None 20 Q�T= �Yuji- -1 COMMON COUNCIL REPORT M&C No. 2021-001 Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Utilities and Infrastructure Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Advance Metering Infrastructure Upgrade OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Pierre LeBlanc Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into a 5-year Software -As -A -Service Agreement with Sensus USA Inc. for the purpose of accessing and using its software in the form attached to M&C 2021-001 and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council authorize the Mayor and Common Clerk to execute the attached Software -As -A -Service Agreement in regard to the upgrade of the existing Advanced Metering Infrastructure and the transition to a Sensus hosted environment. The City of Saint John currently hosts the AMI data on City owned servers that are at the end of their service life and require replacement and by moving to the Sensus hosted environment it will avoid the City having to proceed with the replacement of this infrastructure. I�.i� I[�I�1�y.1�Y�1��jJlL�IJJ M&C 2013-8, M&C 2017-183 and M&C 2018-321 STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility. It also supports Common Council's priority of Valued Service Delivery through innovation and technology and creating operational efficiencies. 21 QDS'am2T low REPORT Saint John Water metering system is a fully functional, fixed based, radio frequency meter reading system also known as Advanced Metering Infrastructure (AMI). The AMI system facilitates the billing process through the collection of meter readings and customer billing for all of the City's metered customers. This system gathers hourly consumption data from SmartPoint radios attached to each individual water meter in the City's water distribution system. Saint John Water's current AMI system is a Sensus "FlexNetT"" advanced metering infrastructure and it consists of the following components: SmartPoint Transceiver A SmartPoint transceiver is a two-way radio device capable of transmitting and receiving data. It is physically wired to a water meter, both of which are located at the customer's property. Once every hour the SmartPoint communicates with the meter and four times a day it sends the latest meter reading data wirelessly to one or more of the base stations in the City. Tower Gateway Base Station (TGB) A Tower Gateway Base Station (TGB) is Sensus' reference to the data collector that receives information from a SmartPoint and forwards it by a network connection to the central servers for processing. The TGBs are located at selected vantage points throughout the City. Regional Network Interface (RNI) version 3.3.3 The Regional Network Interface (RNI) is a centralized server array where all of the meter readings are compiled, stored, and analyzed by the FlexNet software. Access to information and the reports generated are through this part of the AMI system. This system will also forward readings on demand for use in the billing cycle. Sensus Logic Software Sensus Logic is the data analytics software used to track, store, validate and manage the meter data within the FlexNet system. Aquahawk Customer Portal AquaHawk is a customer portal solution for municipal utilities that use a fully functional, fixed based, radio frequency meter reading system (AMI). This software allows customers to view their current and historical hourly water usage in graphical format and allows them to set a billing and usage threshold and be notified if they are trending to or have exceeded their targets. The existing City of Saint John central servers that host the AMI/RNI data are at the end of their service life and will no longer be supported. To replace/upgrade the existing servers, Saint John Water will need to transition to the most recent version of the RNI for it to be compatible with newer servers. After evaluating the different options for a server upgrade, Saint John Water staff and the City's IT 22 @5"n?T jna\� team recommend that the current AMI system should transition to a Sensus hosted environment. Under this new environment, the City's current AMI system operation would remain relatively unchanged except for a needed software upgrade from Sensus Logic to the newer and more capable Sensus Analytics and the data will no longer be stored on City of Saint John owned servers but would be stored by Sensus. By transitioning to a Sensus hosted environment the City of Saint John would avoid the maintenance and upgrade costs of the existing servers since the RNI data would now be hosted by Sensus under this SaaS agreement. To transition to a Sensus hosted environment the RNI and the software will need to be upgraded to the newest versions. SERVICE AND FINANCIAL OUTCOMES Upon approval of this report, the City would enter into a 5-year renewable agreement with Sensus Usa Inc. The annual usage fee for this service is split in three yearly fees for the different services offered by Sensus. There is an annual RNI SaaS fee of $9,888.00 US (for the first year of the 5-year agreement, subsequent years can be found in the attached SaaS). There is also an Annual Sensus Analytics Enhanced fee of $8,109.00 US (for the first year of the 5-year agreement, subsequent years can be found in the attached SaaS) and an Annual Aquahawk CMEP fee of $750.00 US. The total yearly fee for the first year of the agreement with Sensus is $18,747.00 US (approx. $23,964 Canadian dollars as per the currency exchange of January 4th, 2021). Saint John Water is currently paying similar fees for the existing software (Sensus Logic) and RNI version 3.3.3. In addition to the service fees, the City of Saint John is currently responsible for maintaining/upgrading the City of Saint John Servers that currently hosts the RNI data. The City of Saint John would avoid the future maintenance costs and the server upgrade costs for the AMI system if the RNI data were to be hosted by Sensus as it would be under this SaaS agreement. In addition to the monthly usage fees there is a one-time RNI SaaS upgrade/set up fee and a Sensus Analytics integration and setup fee totaling $32,200.00 US (approx. $41,126 Canadian dollars as per the currency exchange of January 4th, 2021). This one-time fee to upgrade both the RNI version 3.3.3 to RNI 4.X and the Sensus Logic software to the new Sensus Analytics Software would also include training and integration. The current version of the RNI is at the end of its service life and it requires an upgrade. The RNI data will now be hosted by Sensus under this SaaS agreement, therefore any future RNI upgrades (including the setup and upgrade costs) would be Sensus' responsibility. Funding is available in the 2021 Utility Fund Operating Budget for the necessary upgrade of the current Advance Metering Infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the Purchasing, Legal, Finance, and Information Technology have been consulted and they have provided input on this report. 23 Legal staff has thoroughly reviewed and revised the Sensus Software -As - A -Service Agreement attached to this report. ATTACHMENTS Appendix A — Sensus Software -As -A -Service Agreement 24 sEnsus a xylem brand Software as a Service Agreement between The City of Saint John ("Customer") and Sensus USA Inc. ("Sensus") IN WITNESS WHEREOF, the parties have caused this Software as a Service ("Agreement") to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for/until: 5 Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years ("Renewal Term"). The "Term" shall refer to both the Initial Term and the Renewal Term. Sensus USA Inc. The City of Saint John By: By: Name: Name: Title: Title: Date: Date: Contents of this Agreement: Agreement Exhibit A Software Exhibit B Technical Support Exhibit C Scope of Work By: Name: Title: Date: 25 Confidential I Page 1 of 17 Agreement 1. General A. Agreement Generally. The scope of this Agreement includes usage terms for Sensus' hosted Software solution, leased spectrum, technical support, and supporting terms and conditions for an advanced metering infrastructure solution that Customer will purchase from Sensus' authorized distributor. Customer is not paying Sensus directly for the services provided by Sensus under the Agreement; rather, Customer shall pay Sensus' authorized distributor pursuant to a separate agreement between Customer and such authorized distributor. 2. Software. A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined in Exhibit A, only so long as Customer is current in its payments for such services. B. UCITA. To the maximum extent permitted by law, the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply, in whole or in part, to this Agreement. 3. Spectrum A. Spectrum Generally. Customer shall secure and provide spectrum that; (i) is necessary to operate the FlexNet System to meet the requirements of the Agreement, and (ii) satisfies all the Spectrum Requirements herein (collectively, the "Spectrum"). Sensus will configure the FlexNet System to operate on the initial Spectrum procured by the Customer. Customer represents and warrants that it has the legal right to use the Spectrum for the FlexNet System. Customer will assign and maintain the Spectrum so as to avoid any harmful interference with the FlexNet System. Sensus shall not be responsible for any failure of the FlexNet System to the extent it results from interference on the Spectrum or from Customer's failure to procure spectrum that satisfies the Spectrum Requirements. Customer shall be responsible for resolving any interference complaints or other violations that may arise, and the Customer shall be responsible for any and all fines, penalties, fees, and other charges as a result of the use of the Spectrum. B. Spectrum Requirements. The ("Spectrum Requirements") are, at a minimum, as follows: (i) the spectrum must be licensed by the relevant government authority; (ii) frequencies must be authorized and assigned on paired duplex spectrum; (iii) a minimum of 50kHz of contiguous uplink and 50kHz of contiguous downlink spectrum; and (iv) must be in the 901-946 MHz range with 9MHz or more of downlink and uplink separation. Note that these Spectrum Requirements are only applicable for the specific functionality of the FlexNet System described in this Agreement. If additional functionality is added or desired or if Updates or Upgrades are installed, additional spectrum and/or different spectrum requirements may be required (at Customer's cost). C. Replacement Spectrum. If the Spectrum becomes unavailable, or if it is determined that Customer does not have the right to use the Spectrum for the FlexNet System, Customer shall, at its own cost, provide replacement spectrum ("Replacement Spectrum"). Sensus will re -configure the FlexNet System to operate on the Replacement Spectrum, and Customer shall pay for and/or reimburse Sensus for all costs incurred by Sensus in re -configuring the FlexNet System to operate on such Replacement Spectrum. 4. Equipment. A. Purchase of Equipment. Customer shall purchase all Field Devices, RF Field Equipment, and other goods (collectively, "Equipment") from Sensus' authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. This Agreement shall not affect any terms and conditions, including any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The "Terms of Sale" are available at: https:/Avww.sensus.com/tc, or 1-800-METER-IT B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON. INFRINGEMENT AND TITLE. 5. Services. A. Installation of Equipment. Installation services for Field Devices, other goods, and RF Field Equipment will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide installation services pursuant to this Agreement B. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. C. Project Management. Sensus' authorized distributor will provide project management services to Customer. Any project management of the FlexNet System provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. D. Training. Sensus' authorized distributor will provide Customer with training on the use of the FlexNet System. Any training provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. E. IT Systems Integration Services. Except as may otherwise be provided herein, integration of the Software into Customer's new or existing internal IT systems is not included in this Agreement. Any integration work shall be subject to a separate agreement which describes the scope and pricing for such work. 6. General Terms and Conditions. A. Infringement Indemnity. Sensus shall indemnify and hold harmless Customer from and against any claim, action, or proceeding against Customer in Canada by a third party which alleges that the FlexNet System provided hereunder infringes upon the patents or copyrights of such third party, provided that Sensus shall have the right to select counsel in such proceedings and control such proceedings. Notwithstanding the foregoing, Sensus shall have no liability under this indemnity unless Customer cooperates with and assists Sensus in any such proceedings and gives Sensus written notice of any claim hereunder within fourteen (14) days of receiving it. Further, Sensus shall have no liability hereunder if such claim is related to; (i) any change, modification or alteration made to the FlexNet System by Customer or a third party, (ii) use of the FlexNet System in combination with any goods or services not provided by Sensus hereunder, (iii) Customer's failure to use the most recent version of the Software or to otherwise take any corrective action as reasonably directed by Sensus, (iv) compliance by Sensus with any designs, specifications or instructions provided by Customer or compliance by Sensus with an industry standard, or (v) any use of the FlexNet System other than for the Permitted Use. In the event the FlexNet System is adjudicated to infringe a patent or copyright of a third parry and its use is enjoined, or, if in the reasonable opinion of Sensus, the FlexNet System is likely to become the subject of an infringement claim, Sensus, at its sole discretion and expense, may; (i) procure for Customer the right to continue using the FlexNet System or (ii) modify or replace the FlexNet System so that it becomes non -infringing. THIS SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SENSUS' ENTIRE LIABILITY FOR ANY CLAIM OF INFRINGEMENT. B. Limitation of Liability. Sensus' aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively "Causes of Action") shall not exceed the greater of; (a) the total amount paid by Customer directly to Sensus underthis Agreement; or (b) ten thousand US dollars (USD 10,000.00). This is so whetherthe Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In/Out Costs; nor (v) damages Confidential I Page 2 of 17 26 arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer conditions, or excessive water pressure. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus' and Customer's obligations hereunder shall cease and the software as a service shall immediately cease. D. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure. E. Intellectual Property Rights. i. Software and Materials. No Intellectual Property is assigned to Customer hereunder. Excluding Customer Data, Sensus shall own or continue to own all right, title, and interest in and to the Intellectual Property associated with the Software and related documentation, including any derivations and/or derivative works (the "Sensus IP"). To the extent, if any, that any ownership interest in and to such Sensus IP does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Sensus IP. Customer agrees not to reverse engineer any Sensus Products purchased or provided hereunder. ii. Customer Data. Notwithstanding the prior paragraph, as between Customer and Sensus, Customer remains the owner of all right, title or interest in or to any Customer Data. "Customer Data" means solely usage data collected by the Field Devices. To avoid doubt, Customer Data does not include non -End User usage data collected by the Field Devices, Software, or FlexNet System, such as network and equipment status information or the like. iii. Consent to Use of Customer Data. Customer hereby irrevocably grants to Sensus a royalty -free, non-exclusive, irrevocable right and license to access, store, and use such Customer Data and any other data or information provided to Sensus, to (1) provide the Service; (2) analyze and improve the Service; (3) analyze and improve any Sensus equipment or software; or (4) for any other internal use. As used herein, "Service" means Sensus' obligations under this Agreement. iv. Access to Customer Data. Within 45 days of Customer's written request, Sensus will provide Customer a copy of the previous 24 months CMEP interval file and deliver the file to a drop location specified by Customer. F. Data Privacy. Customer acknowledges that Sensus and its Affiliates (collectively, "Xylem") will collect and process personal data for the purposes outlined in this Agreement. Xylem's data privacy policy is available at https://www.xylem.com/en-us/supporUprivacy/. Customer acknowledges that it has read and understood Xylem's privacy policy and agrees to the use of personal data outlined therein. The collection and use of personal data by Customer is Customer's responsibility. G. Confidentiality. Except as may be required under applicable law, court order, or regulation, or to the extent required to perform and enforce this Agreement, both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party. Sensus acknowledges that Customer is a public agency that is subject to the Right to Information and Protection of Privacy Act (RTIPPA), SNB and that this Agreement or portions thereof may be subject to public disclosure without notice to Sensus. Customer shall notify Sensus within five (5) business days of receiving a request under the Acts for any records which may constitute Confidential Information and to the extent allowed by law, Customer shall apply exceptions to disclosure of the Confidential Information that are applicable under the act. If a suit is filed by a member of the public with respect to any such request, Customer will cooperate in any action to intervene filed by Sensus. The Confidential Information may be transmitted orally, in writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, "Confidential Information" shall not include; (i) any information that is in the public domain other than due to Recipient's breach of this Agreement; (ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. "Discloser" means either party that discloses Confidential Information, and "Recipient' means either party that receives it. H. Compliance with Laws. Customer shall comply with all applicable laws and regulations, as set forth at the time of acceptance and as may be amended, changed, or supplemented. Customer shall not take any action, or permit the taking of any action by a third party, which may render Sensus liable for a violation of applicable laws. i. Export Control Laws. Customer shall; (i) comply with all applicable U.S. and local laws and regulations governing the use, export, import, re-export, and transfer of products, technology, and services; and (ii) obtain all required authorizations, permits, and licenses. Customer shall immediately notify Sensus, and immediately cease all activities with regards to the applicable transaction, if the Customer knows or has a reasonable suspicion that the equipment, software, or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services, Customer certifies that it is not on any U.S. government export exclusion list. ii. Anti -Corruption Laws. Customer shall comply with the United States Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1, at seq.; laws and regulations implementing the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the U.N. Convention Against Corruption; the Inter -American Convention Against Corruption; and any other applicable laws and regulations relating to anti -corruption in the Customer's county or any country where performance of this Agreement, or delivery or use of equipment, software or services will occur. I. Non -Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions. J. Assignment and Sub -contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (i) to an Affiliate; (ii) as part of a merger; or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration work (if applicable), or project management (if applicable), without requiring Customer's consent. K. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus. L. Governing Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of New Brunswick, Canada. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination ("Disputes") shall be referred to and finally resolved by arbitration under the Rules of the New Brunswick Arbitration Act; provided that: the arbitration shall be completed within twelve (12) months of commencement; the arbitrator shall not grant any awards prohibited under this Agreement; and that the arbitrator shall provide a reasoned opinion for any decision(s). Such arbitration shall be conducted in New Brunswick, Canada in the English language. The award issued by the arbitrator may be enforced in any court of competent jurisdiction under the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention of 1958"). TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. 27 Confidential I Page 3 of 17 M. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. N. Severability. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 0. Four Corners. This written Agreement, including all of its exhibits, represents the entire understanding between and obligations of the parties and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in it. The ONLY operative provisions are set forth in writing in this Agreement. Without limiting the generality of the foregoing, no purchase order placed by or on behalf of Customer shall alter any of the terms of this Agreement. The parties agree that such documents are for administrative purposes only, even if they have terms and conditions printed on them and even if and when they are accepted and/or processed by Sensus. Any goods, software or services delivered or provided in anticipation of this Agreement (for e.g., as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment) under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon its execution and it replaces and supersedes any such purchase orders. P. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Additionally, this Agreement may be executed by facsimile or electronic copies, all of which shall be considered an original for all purposes. Definitions. As used in this Agreement, the following terms shall have the following meanings: A. "Affiliate" of a party means any other entity controlling, controlled by, or under common control with such party, where "control" of an entity means the ownership, directly or indirectly, of 50% or more of either; (i) the shares or other equity in such entity; or (ii) the voting rights in such entity. B. "Confidential Information" means any and all non-public information of either party, including all technical information about either party's products or services, pricing information, marketing and marketing plans, Customer's End Users' data, FlexNet System performance, FlexNet System architecture and design, FlexNet System software, other business and financial information of either party, and all trade secrets of either party. C. "End User"means any end user of electricity, water, and/or gas (as applicable) that pays Customer for the consumption of electricity, water, and/or gas, as applicable. D. "Field Devices" means the SmartPoint Modules. E. "FlexNet Base Station" identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an R100 unit) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. For clarity, FlexNet Base Stations include Metro Base Stations. F. "FlexNet System" is comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, and other equipment provided to Customer hereunder. The FlexNet System only includes the foregoing, as provided by Sensus. The FlexNet System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement. G. "Force Majeure' means an event beyond a party's reasonable control, including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storms, tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion. For clarity, Force Majeure does NOT include a snow storm. H. "Hosted Software" means those items listed as an Application in Exhibit A. I. "In/Out Costs" means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. J. "Intellectual Property' means patents and patent applications, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskwork rights, moral rights, author's rights, and other intellectual property rights, including any derivations and/or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto. K. 1CM' identifies the load control modules. L. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer to Sensus' authorized distributor during the Term of this Agreement. M. "Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity, Patches are not Updates or Upgrades. N. "Permitted Use" means only for reading and analyzing data from Customer's Field Devices in the Service Territory. The Permitted Use does not include reading third devices not provided by Sensus or reading Field Devices outside the Service Territory. 0. "R100 Unit' identifies the Sensus standalone, mounted transceiver that takes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station or directly to the RNI by TCP/IP backhaul communication, as the case may be. P. "Release" means both Updates and Upgrades. Q. "Remote Transceiver" identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP/IP backhaul communication. R. "RF Field Equipment' means, collectively, FlexNet Base Stations, R100 units (if any) and Remote Transceivers (if any). S. "RNF identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer. T. "RNI Software" identifies the Sensus proprietary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. U. "Service Territory" identifies the geographic area where Customer utilizes Sensus equipment to provide services to End Users as of the Effective Date. This area will be described on the propagation study. V. "Server Hardware" means the RNI hardware. W. "SmartPoint1m Modules" identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer's End Users' premises that communicate with the relevant devices and transmit those communications by radio frequency to the relevant piece of RF Field Equipment. X. "Software" means all the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. The Software does not include any third party software. Y. "Updates" means releases of the Software that constitute a minor improvement in functionality. Z. "Upgrades" means releases of the Software which constitute a significant improvement in functionality or architecture of the Software. AA. "WAN Backhaur' means the communication link between FlexNet Base Stations and Remote Transceivers and RNI. Confidential I Page 4 of 17 9.1 Exhibit A Software Software as a Service 1. Description of Services. This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer; and (ii) the Customer is current in its payments to Sensus' authorized distributor for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring, maintenance, management, and supporting of Customer's software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, data center, network equipment, Sensus software, and all third -party software) required to run and operate the application. These software applications consist of the following (each an "Application"): • Regional Network Interface (RNI) Software • Sensus Analytics o Enhanced Package • Consumer Portal The managed application systems consist of the hardware, Sensus Software, and other third -party software that is required to operate the software applications. Each Application will have a production environment only. Disaster and Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Geographic Location of Data. Sensus acknowledges that Customer is physically located in Canada and that Customer specifically requests that Customer data contained in the SaaS environments shall not leave Canada. Customer acknowledges that Sensus' data center for the SaaS environment is located in Toronto, Canada. Sensus shall ensure that Customer's data in the SaaS environment shall not leave Canada unless otherwise agreed in writing between the parties. C. Use of Software as a Service. Subject to the terms of this Agreement, Sensus shall make Software as a Service available to Customer to access and use solely for the Permitted Use and solely for so long as Customer is current in its payments to Sensus or its authorized distributor for Software as a Service. The Software as a Service term commences on the date that Sensus first makes Software as a Service available to Customer for use, and ends upon the earlier of: (i) the expiration or termination of the Agreement; (ii) breach by Customer of this exhibit or the Agreement; or (iii) Customer's termination of Software as a Service as set forth in paragraph (C) below. D. Termination of an Application. Customer shall have the option at any time before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges that; (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees due in the current calendar year plus a ten percent (10%) early termination fee, where such fee is calculated based on the annual Software as a Service fee due in the current calendar year; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sensus, Customer shall purchase the necessary (a) RNI hardware from a third party and (b) RNI software license at Sensus' then -current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license. E. Software as a Service means only the following services: i. Sensus will provide the use of required hardware, located at Sensus' or a third -parry's data center facility (as determined by Sensus), that is necessary to operate the Application. ii. Sensus will provide production environment for each Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers: (a) Network addresses and virtual private networks (VPN) (b) Standard time source (NTP or GPS) (c) Security access points (d) Respond to relevant alarms and notifications v. Capacity and performance management. Sensus will: (a) Monitor capacity and performance of the Application server and software applications 24x7x365 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance (i.e. database, backspool, logs, message broker storage, etc.) (b) If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B, Technical Support. (c) Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. (d) Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures. (e) Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures. vi. Database management. Sensus will: (a) Implement the data retention plan and policy, and will provide the policy upon request. (b) Monitor space and capacity requirements. (c) Respond to database alarms and notifications. (d) Install database software upgrades and patches. (e) Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc. vii. Incident and Problem Management. Sensus will: Confidential I Page 5 of 17 29 (a) Proactively monitor managed systems (24x7x365) for key events and thresholds to proactively detect and identify incidents. (b) Respond to incidents and problems that may occur to the Application(s). (c) Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. (d) Correlate incidents and problems where applicable. (e) Sensus personnel will use the self-service portal to document and track incidents. (f) In the event that Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). (g) Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel and/or any required third -party vendor to resolve the issue. (h) Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management. Sensus will: (a) Monitor the physical and cyber security of the server and Application(s) 24x7x365 to ensure system is highly secure in accordance with NIST Security Standards. (b) Perform active intrusion prevention and detection of the data center network and firewalls, and monitor logs and alerts. (c) Conduct period penetration testing of the network and data center facilities. (d) Conduct monthly vulnerability scanning by both internal staff and external vendors. (a) Perform anti -virus and Malware patch management on all systems. (f) Install updates to virus protection software and related files (including virus signature files and similar files) on all servers from the update being generally available from the anti -virus software provider. (g) Respond to any potential threat found on the system and work to eliminate any virus or malware found. (h) Adhere to and submit certification to NERC/CIP Cyber Security standards. (i) Monitors industry regulation/standards regarding security— NERC, FERC, NIST, OpenSG, etc. through the dedicated Sensus security team. Q) Provide secure web portal access (SSL) to the Application(s). Customer Responsibilities: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e., billing files) for Customer's billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. vi. First response labor to troubleshoot FlexNet Base Station, R100s, Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration, management, and support. viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts. x. Customize application configurations. A. Support application users. xii. Investigate application operational issues (e.g., meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications. xiv. Perform firmware upgrades over -the -air, or delegate and monitor field personnel for on -site upgrades. Software as a Service does not include any of the following services: i. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Harris MeterSense, would require a Professional Services contract agreement to be scoped, submitted, and agreed in a signed writing between Sensus and all the applicable parties. If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing. Further Agreements A. System Uptime Rate. i. Sensus (or its contractor) shall manage and maintain the Application(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Application(s) via internet or point to point connection (i.e., Managed -Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows: System Uptime Rate = 100 x (TMO — Total Non -Scheduled Downtime minutes in the Month) TMO ii. Calculations a. Targeted Minutes of Operation or TMO means total minutes cumulative across all Applications in the applicable month minus the Scheduled Downtime in the Month. b. Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. C. Non -Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair). ii. Exceptions. Exceptions mean the following events: • Force Majeure • Emergency Work, as defined below; and • Lack of Internet Availability, as described below. a. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or Confidential I Page 6 of 17 30 otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) ("Emergency Work"). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re -setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the "Managed Systems'). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. b. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. System Availability. For each month that the System Uptime Rates for the production RNI falls below 99.0%, Sensus will issue Customer the following Service Level Credits: System Uptime 9EMervice Level Less than 99.0% but at least 97.5% 5% of the monthly RNI SaaS Fees in which the service level default occurred (Note: SaaS fees are pre -paid annually and for purposes of SLA Credits are computed on a monthly basis.) Less than 97.5% but at least 95.0% 10% of the monthly RNI SaaS Fees in which the service level default occurred Less than 95.0% 20% of the monthly RNI SaaS Fees in which the service level default occurred Service Level Credits for any single month shall not exceed 20% ofthe RNI SaaS Fee associated with the month in which the service level default occurred. Sensus records and data will be the sole basis for all Service Level Credit calculations and determinations, provided that such records and data must be made available to Customer for review and agreement by Customer. To receive a Service Level Credit, Customer must issue a written request no later than ten (10) days after the Service Level Credit has accrued. Sensus will apply each valid Service Level Credit to the Customer's invoice within 2 billing cycles after Sensus' receipt of Customer's request and confirmation of the failure to meet the applicable Service Level Credit. Service Level Credits will not be payable for failures to meet the System Uptime Rate caused by any Exceptions. No Service Level Credit will apply if Customer is not current in its undisputed payment obligations under the Agreement. Service Level Credits are exclusive of any applicable taxes charged to Customer or collected by Sensus. Sensus shall not refund an unused Service Level Credits or pay cash to Customer for any unused Service Level Credits. Any unused Service Level Credits at the time the Agreement terminates will be forever forfeited. THE SERVICE LEVEL CREDITS DESCRIBED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDY FOR SENSUS' FAILURE TO MEET THE SYSTEM UPTIME REQUIREMENT OR ANY DEFECTIVE SAAS PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE AMOUNT OF SERVICE LEVEL CREDITS IN ANY ANNUAL PERIOD EXCEED 20% OF THE ANNUAL RNI SAAS FEE. Data Center Site -Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems: i. The computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more uninterruptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power. iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch -over environmental units. iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time. v. Dry pipe pre -action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy. C. Responsibilities of Customer. i. Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user; or (iii) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the Application(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Customer's Systems") is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customer's network router and firewall, if applicable, to allow data to flow between the Customer's Systems and Sensus' Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus, Customer shall create username and passwords for each of Customer's authorized users and complete the applicable Sensus registration process (Authorized Users). Such usernames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user ID and password pairs at any time; (ii) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customer's account, account ID, usemames or passwords. v. Customer shall be responsible for the day-to-day operations of the Application(s) and FlexNet System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over -the -air commands (such as firmware updates or configuration changes). Confidential I Page 7 of 17 31 Software Solution Components. i. Description of Software Solutions. Sensus software consists of a core communication module and a set of applications. Some applications are required to perform basic solution capabilities, other applications are optional and add additional capabilities and function to the overall solution. As Customer's business process expands and/or new Sensus offerings are made available, additional applications and functionality can dynamically be added to the solution, provided Customer purchases such additional applications. ii. Regional Network Interface. The Regional Network Interface (RNI) or Sensus head -end is the centralized intelligence of the FlexNet network; the RNI's primary objective is to transfer endpoint (such as meters) data to the Customer and the advanced feature applications. The RNI is adaptable to Customer configurations by simultaneously supporting a wide range of FlexNet enabled endpoints; including but not limited to meters (electric, water, gas), street lighting, and Home Area Network devices. a. Core Package (i) Communication 1. Manages all inbound and outbound traffic to and from endpoints 2. Outbound routing optimization 3. Route analyzer 4. AES256 bit encryption of radio messages 5. Reports and metric details of network performance and troubleshooting aids 6. Management of RF equipment (base stations and endpoint radios) (ii) Data Collection 1. Missing read management 2. Management of duplicate reads 3. 60 day temporary storage (iii) Application integration 1. To Sensus Analytics applications 2. Enable 3rd parry application integration 3. Batch CMEP file export 4. Real-time access through MultiSpeak (iv) Endpoint Management 1. Gas, water, electric, lighting concurrent support 2. Remote configuration 3. Remote firmware updates 4. Reports, metrics and Troubleshooting (v) User Management 1. Secure access 2. Password management 3. Definable user roles 4. User permissions to manage access to capabilities Integration of RNI. Sensus shall provide RNI integration support services to Customer only to the extent specifically provided below: (i) Sensus shall meet with the representative from the Customer's system(s) targeted for integration to determine which integration method is appropriate (e.g., Multispeak, CMEP, etc.). 1. In scope and included integration efforts: Provide the gateway URLs to the integrating system as needed, provide Customer with standard integration API documentation, validate and test that the correct Customer information is flowing into and/or out of the RNI. 2. Out of scope and subject to additional charges: Modifications or extensions to the standard API provided by Sensus and any integration efforts not outlined above as in scope and included. (ii) Customer Responsibilities: 1. Provide Sensus with information about the relevant information Customer wishes to transfer and integrate with the RNI. 2. Establish the network and security required for the two systems to reasonably communicate. 3. Verify integration to third party system functionality is working as intended. (iii) If an item is not listed in subparagraph (i) above, such item is excluded from the integration of Sensus RNI Support and is subject to additional pricing. 3. Sensus Analytics Sensus Analytics is a cloud -based solution and data platform that allows storage and retrieval of raw reads and data from other sources for analysis, exportation, and inquiry or reporting. The platform provides applications and reporting capabilities. A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: i. Device Access a. Allows search for meter details by using data imported from the billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads. C. Meter data is available to be copied, printed, or saved to certain user programs or file formats, specifically CSV, PDF, and Spreadsheet. d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. f. Allows the user to see the meter location on a map view. g. Allows notifications for an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter— (dependent on the data integrated from other systems). ii. Meter Insight (provides the following) a. # of active meters. b. # of orphaned meters with drill down to the list of meters. 32 Confidential I Page 8 of 17 C. # of inactive meters with usage drill down to the list of meters. d. # of stale meters with drill down to the list of meters. e. # of almost stale meters with drill down to the list of meters. f. # of meters where no read is available with drill down to the list of meters. g. # of meters with maximum threshold exceptions with drill down to the list of meters. h. # of meters with minimum threshold exceptions with drill down to the list of meters. i. # of unknown radios with drill down to the list of meters. iii. Report Access a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. G. Meter Route Intervals Reads: Allows users to inspect intervals of a single meter over a period of time. d. Master Route No Readings: List all meters that are active in the system, but have not been sending reads within the specified time window. e. Consumption Report: List meters' consumption based on meter readings within the specified time window. f. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr, 48hr and 72hr from the entered roll up date. h. High Low Exception Report: Displays meters whose reads exceed minimum or/and maximum threshold, within a time range. i. Consumption vs Previous Reported Read: Compares latest reading (from RNI) with last known read received from CIS. j. Consumption Exception 24 hour Report: This report shows meters that satisfy these two conditions: (1) The daily average consumptions exceed entered daily consumption threshold; (2) The number of days when daily thresholds are exceeded are greater than the entered exception per day threshold. k. Endpoint Details: Shows the current state of meters that are created within the specified time range. I. Orphaned Meters: List meters that are marked as 'orphaned', which are created as of entered Created as of parameter. m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RNI. It also shows AMR id in billing request that have different meter Id in the RNI. Users must enter which billing request file prior to running the report. n. All Alarms Report: List all alarms occurred during a time window. Users can select which alarm to show. iv. Billing Access a. Initiate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to include in the billing export file in the case where billing request file option is used. C. Provides a repository of past billing files that were either used for billing preparation or actually sent to the billing system. d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. v. Billing Adaptor a. The underlying configurator and tools mapping the extraction of billing data to enable integration to the utility's billing system. vi. Data Store a. Allows storage of meter reading data including Intervals, Registers, and Alarms to be stored. b. Stored data is available online for reports and analysis. C. Data will be retained for 3 years. Additional duration can be purchased. B. Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package, as well as the following additional modules: i. Alarm Insight a. Allows the user to summarize and filter alarms by a date range. b. Allows the user to review all alarm types on a single screen. C. The user can filter out the alarms not wanted on the screen. d. Alarm totals can be visualized. e. Adds a view of trending alarms over time. f. Click to drill down on an alarm to gain more information on specific events. g. Click to analyze a specific event on a particular device. ii. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. b. Users can manage alert groups by adding and removing group members. C. Allows selection of notification method for how end users in the group will be notified; email or SMS (text message). d. Allows creation of an alert from the available system events from smart points and assign to a group. e. Monitors the systems meters for events. When an event is triggered, all users in the group will be notified. C. Sensus Analytics Customer Portal. The Customer Portal (CP) is a cloud -based platform that aggregates data from several sources. The CP Package may consist of the following modules or widgets, provided Customer purchases access to the modules: i. Web Portal Standard Features a. Self -serve sign up and account/password management b. Dynamic sizing to work on most standard browsers C. Customizable logo and backdrop images d. Capable of supporting multiple languages (Spanish and English standard) e. Provides links to bill payment and support web locations. (Single Sign On access is not standard) f. Supports multiple accounts and multiple meters g. Supports multiple Units of Measure (UoM) h. Exportable data Confidential Page 9 of 17 33 i. Alerts and Notifications that can be delivered to the customers' points of contact j. Support for multiple alert recipients k. Admin Management of Widgets Displayed ii. Web Portal Additional Features Single Sign: Integration to other web services in a manner that does not require the user to login multiple times Water usage down to 15 minute intervals. Presentation of Tier Limits and Tier Alerts iii. Dashboard Page Widgets a. Current Billing Cycle View Widget: Allows the customer to view how much water they have used since the billing cycle has started. b. Alerts: Shows the alerts created by meters or usage alerts C. Notifications: Allows messages to be sent to customers by the Utility — Sent via Text, Email or presented on the Portal d. Billing Cycle Threshold: Shows users progress toward Billing Cycle Usage Target set as an alert iv. Add -on Dashboard Widgets a. Watering Schedule: Presents data regarding the days and times that the account can use outdoor water b. Bill Estimate: Provides an estimate of the cost of the water used in the billing cycle. C. Sandbox: Provides a widget space for the utility to place documents, links, and videos. (up to 100Mb) v. Usage Details Features a. Consumption in various time periods b. Exportable to other file formats C. Temperature and Rainfall data vi. Meters Features a. Meter information including Meter #, address, current reading, b. Meter Nicknames vii. Meter Tab Additional Features a. Google Maps view of meter location (Location data provided by Utility) viii. Settings — Usage Alerts (per meter) a. Billing Cycle Usage Alert b. Daily Usage Alert C. Vacation Alerts ix. Settings — Usage Alerts Additional Features a. Tier Alerts x. Alert Recipients Features a. Editable selection of alerts to receive b. Additional Recipient management A. User Settings Features a. Change of email address b. Customer management of points of contact C. Customer capability to add additional accounts d. Customer password management (Self -serve) Integration of Sensus Analytics. Sensus shall provide integration support services to Customer only to the extent specifically provided below: i. Sensus shall provide Customer with a simple flat file specification known as VFlex for the integration of the Customer's back office system to the Sensus Analytics modules. The VFlex shall contain the following types of information: Device ids, end users in the system, end user status, end user account information, end user name, and other end user details. This flat file may be delimited or fixed width. Customer shall produce this file and transmit it to the FTP location designated by Sensus. When sent to the Sensus FTP servers, this file exchange will enable the system to become operational with the Customer's systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus. Sensus will provide reasonable support to explain to Customer the required vs. optional fields that are in the specification, testing and validation of the file format and content. ii. In scope and included integration efforts: kick-off meeting to engage all required parties, mapping the Customer's fields to the VFlex specification, validation of expected output, and a two (2) hour system review of Sensus Analytics application and integration with the Customer's system (conducted remotely). iii. Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field content or format of the data to meet the VFlex specification. iv. Sensus' integration services consist of four (4) hours of assistance (remote or on -site, as determined by Sensus). If additional time is needed to complete the integration efforts, Sensus shall invoice Customer for additional fees on an actual time and materials basis. v. If an item is not listed in subparagraphs (i) or (ii) above, such item is excluded from the integration of Sensus Analytics Support and is subject to additional pricing. vi. Data Import. The Sensus Analytics Application contains adapters for the import of data from; (a) Customer's FlexNet System; and/or (b) AutoRead application for handheld and drive by systems, as applicable. vii. Customer Acknowledgements. a. Customer acknowledges that the Sensus Analytics Application provides up to fifty (50) user logins for Customer's use. b. Customer acknowledges and agrees the Sensus Analytics Application is based upon the actual number of End Users within Customer's Service Territory. Pricing may increase if Customer's Service Territory or actual number of End Users expands. d. Customer acknowledges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customer's access to and use of the Sensus Analytics Applications. e. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customer's operations or saving Customer money, nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer's use of Sensus Analytics. Confidential I Page 10 of 17 34 4. Third Party Software. A. RedHat Linux.lf Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following: By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement: Red Hat Enterprise Linux http://www.redhat.com/licenses/rhel_rha_eula.html JBoss Enterprise Middleware http://www.redhat.com/licenses/jboss_eula.html Confidential I Page 11 of 17 35 Exhibit B Technical Support Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the issue will escalate to the Engineering Support Team. Occasionally, on -site troubleshooting/analysis may be required. The preferred order of on -site support is: a) The Customer (for assistance with the easiest and lowest time-consuming activities such as power on/power off). b) The local distributor. c) Sensus employees or contracted personnel, if required to fulfill a contract commitment. 2. Support Categories 2.1. General questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products, Sensus Lighting Control, and Demand Response Management System (FlexNet Home). 2.2. Proactive reporting and resolution of problems. 2.3. Reactive reporting to isolate, document, and solve reported hardware/software defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation, examples, or additional explanation/clarification. 3. Support Hours 3.1. Standard Support Hours: Toll -free telephone support (1-800-638-3748 option #2) is available Monday thru Friday from 8:00 a.m. EST to 8:00 p.m. EST. After- hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-638-3748, option #8. 4. Support Procedures 4.1. Customer identifies an issue or potential problem and calls Technical Services at 1-800-638-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a SalesForce ticket. 4.2. The Customer Service Associate or Technical Support Engineer will identity the caller name and utility by the assigned software serial number, city, and state based on where the call originated. The Customer Service Associate or Technical Support Engineer will require a brief description of the problem symptoms, or error messages depending on nature of the incident. The nature of the problem and severity levels will be mutually agreed upon by both parties (either at the time the issue is entered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then captured into SalesForce for ticket creation and resolution processing. Any time during the processing of this ticket, if the severity level is changed by Sensus, the customer will be updated. A. Severity Levels Description: Sev1 Customer's production system is down. The system is unusable resulting in total disruption of work. No workaround is available and requires immediate attention. Example: Network mass outage, all reading collection devices inoperable, inoperable head end software (e.g., FlexWare, Sensus MDM). Not able to generate billing files. Sev2 Major system feature/function failure. Operations are severely restricted; there is a major disruption of work, no acceptable work -around is available, and failure requires immediate attention. Examples: Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g., AR5500, VXU, VGB, or CommandLink); head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn't affect critical overall operation. Example: Minor network equipment failure (e.g., Echo/Remote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some noncritical function of the software is not running. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first -come -first -served basis. A 1st level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respond/resolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or if the call is a new report. This research provides the representative a basis and understanding of the account as well as any associated problems and/or resolutions that have been communicated. a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must be collected: a detailed description of the issue's symptoms, details on the software/hardware product and version, a description of the environment in which the issue arises, and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see if reports of a similar problem exist, and if any working solutions were provided. If an existing resolution is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket is closed. C. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation / resolution. If the issue involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the SalesForce system. If it is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis. Once it is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for confirmation/workarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and attached to the ticket. Confidential I Page 12 of 17 36 5. Response and Resolution Targets. Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Standard Target Response Standard Target Resolution Resolution (one or more of the following) Immediately assign trained and qualified ' Satisfactory workaround is provided. Services Staff to correct the error on an 0Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing 0 Fix incorporated into future release. communication on the status of a 0 Fix or workaround incorporated into correction (24 hours). SalesForce Knowledge Base. • Satisfactory workaround is provided. Assign trained and qualified Services 0 Program patch is provided. 2 4 hours Staff to correct the error. Provide communication as updates occur (48 Fix incorporated into future release. hours). 0 Fix or workaround incorporated into SalesForce Knowledge Base. • Answer to question is provided. • Satisfactory workaround is provided. 3 1 Business Day 30 business days 0 Fix or workaround incorporated into SalesForce Knowledge Base. • Fix incorporated into future release. 6. Problem Escalation Process. 6.1. If the normal support process does not produce the desired results, or if the severity has changed, the issue may be escalated as follows to a higher level of authority. 6.1.1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours. 6.1.1.2. A customer may escalate an issue by calling 1-800-638-3748, Option 2. Please specify the SalesForce ticket number and the reason why the issue is being escalated. 6.1.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given SalesForce ticket to Manager of Technical Services (1-800-638-3748, Option 2). 7. General Support Provisions and Exclusions. 7.1. Sensus provides online documentation for Sensus products, and all Sensus customers are provided access to this online database, which includes operation, configuration and technical manuals. The customer shall provide names and email accounts to Sensus so Sensus may provide access to the product documentation. 7.2. Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific contract or statement of work. For example: specialized systems integration services or out of warranty network equipment repair. Confidential I Page 13 of 17 37 639 Davis Drive s E n s u s Morrisville, NC USA www.sensus.com a xylem brand Scope of Work for City of Saint John On Behalf of KTI Site to SaaS Upgrade 4.6 or latest version Created by Linda Funk, Professional Services Date: January 4, 2021 1. Overview City of Saint John has a need to move their RNI environment to the Sensus Data Center. This is the Sensus Software as a Service (SaaS) model. City of Saint John is currently running RNI 3.3.3. City of Saint John wants one production environment based on approximately 2,400 water endpoints. Sensus shall perform work to setup and configure the RNI in the Data Center with the latest RNI version 4.6 or latest version. Sensus will ensure that the production RNI communicates and works with the other 3rd party systems that the customer currently uses. This Scope of Work is subject to the terms of the AMI agreement between the parties. 2. Scope of Work This Scope of Work is subject to the terms of the SaaS Agreement between the parties which is incorporated herein by reference. • Sensus shall install, setup, and configure a production SaaS RNI on managed servers within the Sensus Data Center. The SaaS RNIs will be provisioned to support the number of services currently being used by the site production system. • During the RNI Transition Period, City of Saint John will continue to operate the Site -based RNI 3.3.3. Sensus will work with City of Saint John to export the RNI 3.3.3 database and import the databases into Sensus' SaaS environments. • During the RNI Transition Period, production data will continue to be transferred from the City of Saint John site system to the new SaaS production system via "piperules" to ensure the latest information is transferred to the SaaS RNI [Insert current release version] or latest version system in preparation for production cut -over activities. • Sensus shall perform database maintenance such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc. on the new SaaS 3.3.3 or latest version system. • Sensus will validate and test functionality of the RNI system prior to and post the cut -over to the production SaaS RNI 3.3.3 or latest version environment. Validation and testing SEnsus 639 Davis Drive Morrisville, NC USA a xylem r�irid www.sensus.com includes the connectivity to/from the base stations, integration points, and two-way communication. • City of Saint John will have the opportunity to review and test the functionality and integration points during the RNI Transition Period. • City of Saint John should perform additional testing and validation to ensure RNI, Billing via Sensus Analytics, customer portal and the overall solution is operating as expected. • City of Saint John will work with Sensus Operations to allow required data access from all 3rd party applications to the Sensus Data Center. • After proper validation and testing has been performed on the SaaS RNI [Insert current release version] or latest version system, the cutover activities will take place and Sensus will work with City of Saint John to reconfigure all base stations to communicate directly with the production SaaS RNI [Insert current release version] or latest version system. • City of Saint John will review and comply with the SaaS Networking requirements document provided to ensure Sensus has appropriate access to network. Sensus will perform the following tasks for Aquahawk Portal Integration: 1. Create a CMEP Read report for all installed water meters that are in an active state. 2. A scheduler based process will be setup to generate the CMEP report four times a day at 6 am, 12 pm, 6 pm and 10 pm. These reports will include available data for the previous eight hours at the time of execution. As these reports are run with overlapping time window, there will be redundant data between these reports. 3. In addition to that, another CMEP Read report job will be scheduled to run once a day at 8.00 am to deliver reads for the previous day. This daily report will include data that's already delivered via the reports mentioned in item #3 above. 4. The generated reports will be delivered to a secured drop location; the setup of drop location and the connectivity from the RNI are not part of this proposal. 5. The RNI will maintain 45-60 days of data in the system and the extracts will cover the available readings. 3. Assumption • The Base Stations are at the recommended revision level. 39 SEnsus 639 Davis Drive Morrisville, NC USA a xyiem brand www.sensus.com 4. Out of Scope • Any additional requirements outside of the items listed under 'Scope of Work' will require a separate statement of work. • Any other 3rd party integration outside of moving Sungard from Logic to Sensus Analytics will require a separate statement of work. • If more than 60 days of data is required with moving from Logic to Sensus Analytics, a separate order will be needed for moving historical data. • The drop location for delivering CMEP files and network connectivity to it from the RNI are assumed to be already established and this document does cover either of them. S. Effort and Price One -Time Fees — RNI SaaS *Zero dollar line items are required on the purchase order Item Part Number USD VAR Quantity Extended Price USD Fee *RNI SaaS Setup Fee MS SU RNI SaaS1 $9,300 1 Waived Validation and Testing PS VL TST CNSLT $9,000 1 $9,000 Data Migration Fee PS MIGRATN SAAS $12,000 1 $12,000 *Sensus Analytics Setup Fee 539.63.837.00521X $12,400 1 Waived Sensus Analytics Integration PS SA STANDARD $5,000 1 $5,000 Remote Sensus Analytics Training PS SA TRN RM $2,000 1 $2,000 Remote RNI Upgrade Training PS UPGR TRN3 RM $1,000 1 Waived Aquahawk CMEP Integration PS CMEP SU INST $4,200 1 $4,200 Total Fees: $32,200 3 .m SEnsus 639 Davis Drive Morrisville, NC USA a xylem brand mmsensus.com Ongoing Annual Fees "All 5 years of annual fees are required on the purchase order Item Part Number Price (USD) "Year 1: Annual Sensus Analytics Enhanced Fee 539.63.837.00535X $8,109 "Year 2: Annual Sensus Analytics Enhanced Fee 539.63.837.00535X $8,352 "Year 3: Annual Sensus Analytics Enhanced Fee 539.63.837.00535X $8,603 "Year 4: Annual Sensus Analytics Enhanced Fee 539.63.837.00535X $8,861 "Year 5: Annual Sensus Analytics Enhanced Fee 539.63.837.00535X $9,128 "Year 1: Annual RNI SaaS Fee SSX40XXXXXXXXXX $9,888 "Year 2: Annual RNI SaaS Fee MS RNI SAAS $10,185 "Year 3: Annual RNI SaaS Fee MS RNI SAAS $10,490 "Year 4: Annual RNI SaaS Fee MS RNI SAAS $10,805 "Year 5: Annual RNI SaaS Fee MS RNI SAAS $11,129 "Year 1: Aquahawk CMEP PS CSTM APP S&M $750 "Year 2: Aquahawk CMEP PS CSTM APP S&M $773 "Year 3: Aquahawk CMEP PS CSTM APP S&M $795 "Year 4: Aquahawk CMEP PS CSTM APP S&M $820 "Year 5: Aquahawk CMEP PS CSTM APP S&M $844 "Automatic increases in annual fees are 3% and renewals will keep the current dates that SaaS with Logic are using. 0 41 639 Davis Drive Morrisville, NC USA www.sensus.com SEnsus a xylem r�irid Invoice Schedule The invoice schedules are as follows and are NET 30 days and subject to be billed separately: Invoice Schedule Invoiced at SOW execution: • Data Migration Fee Invoiced separately upon completion of services: • Validation and Testing • Training • SA Integration Pricing is valid until January 31st, 2021. 6. Acceptance of Terms If terms are agreeable, please sign and return this SOW along with a Purchase Order to: Sensus.Orders@xyleminc.com and copy PSRequest@xyleminc.com . SENSUS USA INC. By: Name: Title: Date: KTI By: Name: Title: Date: 5 42 sEnsus 639 Davis Drive Morrisville, NC USA a xylem brand www.sensus.com 7. Project Contact Information Primary customer contact for nroiect Name: Role: Email: Phone: Secondary customer contact for nroiect Name: Role: Email: Phone: Additional Comments/Notes: 0 43 COUNCIL REPORT M&C No. 2021-003 Report Date January 04, 2021 Meeting Date January 11, 2021 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2021 Insurance Renewal OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Ian Fagan Kevin Fudge John Collin RECOMMENDATION It is recommended that Council accepts the insurance package presented by BFL Canada, through our Agent of Record, JM & CW Hoper Grant Ltd. and approves maximum payments as follow: Insurance Premiums of $1,352,443 Agreed Agency Fee of $29,650 Payable to JM & CW Hope Grant Ltd. $1,382,093 EXECUTIVE SUMMARY In 2016 the City was facing premiums in the range of 1.4 million with claim costs averaging $300,000 The Risk Management approach and Policy adopted by the City of Saint John has generated combined savings for five years of over $3.1 million. The insurance industry is in a hard market cycle not seen in 20 years. This means it is difficult to obtain terms for renewals, insurers have reduced the amount of coverage they wish to extend and significant increases in premiums in all markets but especially property risks. Our overall increase to the entire insurance portfolio is approximately 26%. For comparison, Halifax is experiencing a 46% increase, Moncton a 25% increase and St. John's is seeing a 60% increase. Automobile insurance premiums are the second biggest impact to rates and rates are regulated in New Brunswick. IRAN Once the various premium costs are allocated to participating agencies, boards or commissions, the insurance liability premiums are on target for the 2021 budgeted amount. Property and auto premiums are allocated out by property and vehicle to various department budgets and the increase in costs is expected to be absorbed by the various departments through off -setting savings or reducing the number of assets. PREVIOUS RESOLUTION The 2021 Renewal is in line with the approach previously established in previous insurance purchases. STRATEGIC ALIGNMENT This purchase is necessary to continue to protect the City's Economic Health and to protect City assets. REPORT The proposal selected reflects a balanced approach to evaluating risks and the cost of risk transfer through insurance. Our rating experience has been positive and our Risk Management approach will lead to combined savings of over $3,100,000 since our 2016 RFP. The following table illustrates the coverage limits, deductibles and premiums associated with this renewal. Limits for 2021 2020 2021 Coverage 2021 Deductible Premium Premium General Liability (including 50,000,000 500,000 415,028 453,331 Excess and Environmental) D&O (Aquatic 4,296 Centre) 21000,000 15,000 3,905 Crime 11000,000 Nil 1,850 2,775 Cyber Liability 2,000,000 50,000 20,591 4,309 Owned 464,967 Automobile 501000,000 5,000 352,573 Property 50,000 268,167 416,607 Garage 6,158 Liability 5,000,000 1,000 5,355 Agency fee 26,900 29,650 Total 1,094,369 $1,382,093 45 am Changes for 2021 RFP Process The City normally procures insurance through a Request For Proposals (RFP) process every five years and following that cycle the City would have issued an RFP in 2020 to start the 2021 year. Because of the hard market conditions, competitors to our current insurer were contacted and advised that while they would like to have our business, because of the uncertainty in the market, they recommended to wait a year until the market stabilizes before issuing an RFP. Cyber Liability The cyber premium reflected above only extends the policy until March 1, 2021. The insurers are reviewing the most recent claim and will want to evaluate our risk exposure going forward which a rebuilt and improved network will only aid. Property Premium The City's total value of property insured has changed from $420,573,391 to $432,683,092. The combined effect of increases in value and the rate increase yields an overall premium increase of 55%. Automobile Premium The rates for individual vehicle classes (fire, police, non -emergency etc.) have all increased by approximately 32%. This trend is aligned with recent applications by other automobile insurers in New Brunswick where claim costs have driven up premiums. Our experience is no different than the broader industry. Fleet is completing a rationalization project and the number of rolling stock will be reduced and the deductible is moving to $5,000 to help control premiums. SERVICE AND FINANCIAL OUTCOMES As a result of the 2016 RFP, each facility and fleet vehicle experienced a reduction in costs to operate along with a substantial reduction to the general fund liability insurance and these savings continued into 2020 and onto 2021. We have maintained these savings with pro -active Risk Management techniques working together with each department to closely monitor our experiences and losses. The efforts have created positive outcomes for service areas and citizens combined (less claims, less payments, lower premiums etc.) and we expect this collaboration to continue. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS M -4- None 47 COMMON COUNCIL REPORT M&C No. 2021-005 Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Terms of the Fall 2020 Debenture Issue 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 John Collin I;7��r•1uIu7�►�►�7- rrr•�►�i It is recommended that this report be received and filed. EXECUTIVE SUMMARY On November 9, 2020 the New Brunswick Municipal Finance Corporation negotiated the sale of a serial bond in the amount of $102,900,000 of which $35,000,000 related to the City of Saint John. PREVIOUS RESOLUTION M&C 2020 -217 — Fall 2020 Debenture Application M&C 2020 -221— Saint John Energy Debenture Application RESOVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after September 4, 2020: General Fund Transportation Services $4,000,000 Parks and Recreation $3,000,000 Total $7,000,000 sa The Power Commission of the City of Saint John Burchill Interconnection $15,000,000 Paradise Row Substation $10,000,000 Total 525,000,000 THERFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $7,000,000. THERFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $25,000,000. REPORT The terms of issue as they related to Saint John are as follows: Term: 10 year serial form (Power Commission) $25,000,000 15 year serial form (General Fund) $7,000,000 Coupon Rate: Year 1— 0.50% Year 6 —1.25% Year 2 — 0.60% Year 7 —1.40% Year 3 — 0.75% Year 8 —1.55% Year 4 — 0.95% Year 9 —1.65% Year 5 —1.10% Year 10 — 1.80% Price: $99.20 (Principal: $25,000,000) Average Interest Rate: 1.155% Price: $99.02 (Principal: $7,000,000) Average Interest Rate: 1.470% Settlement Date: November 26, 2020 Year 11— 1.90% Year 12 — 2.00% Year 13 — 2.10% Year 14 — 2.20% Year 15 — 2.30% The interest rates and the discount factor were within the limits approved by Common Council as its meeting held on September 41", 2020. As such, the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $32,000,000 at the terms listed above on November 171", 2020. -3- STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES Terms of debenture listed in body of report. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 50 PLANNING ADVISORY COMMITTEE -6-1n1i January 6, 2021 The City of Saint John His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Land for Public Purposes Release 1250 Latimore Lake Road The Planning Advisory Committee considered the attached report at its January 5, 2021 virtual meeting. The applicant, Caroline Bird, appeared before the Committee in agreement with the staff report and recommendation. She also provided a brief explanation in support of the application. Curtis Langille, Real Estate Services, also appeared before the Committee in support of the application and to provide information about the sale of the City property. No one else spoke on this matter, but two emails were received from the public about this application. After considering the matter, as recommended by staff, the Committee resolved to consent to the divesting of the Land for Public Purposes at 1250 Latimore Lake Road. RECOMMENDATION: That the Planning Advisory Committee consent to the divesting of Land for Public Purposes involving the property at 1250 Latimore Lake Road, also identified as PID number 55125496. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 1 of 1 51 The City of Saint John Date: December 18, 2020 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 5, 2021 SUBJECT Applicant: Caroline Bird Landowner: City of Saint John Location: 1250 Latimore Lake Road PID: 55125496 Plan Designation: Rural Residential Zoning: Rural (RU) Application Type: Land for Public Purposes Release Jurisdiction: The Community Planning Act requires the consent of the Planning Advisory Committee when considering the divesting of Land for Public Purposes. *A, X01111111fj:& I1 iI�A/_1Xil The applicant is seeking to purchase a property that was vested as Land for Public Purposes (LPP). The property had provided recreational services to the community in the past, but has been inactive for some time. The Municipal Plan and the Parks and Recreation Strategic Plan both support the divesting of the property. Therefore, staff recommends that the Planning Advisory Committee consent to the divesting of this LPP. Page 1 of 4 52 Caroline Bird 1250 Latimore Lake Road December 18, 2020 RECOMMENDATION That the Planning Advisory Committee consent to the divesting of Land for Public Purposes involving the property at 1250 Latimore Lake Road, also identified as PID number 55125496. DECISION HISTORY On March 9, 1999, the Planning Advisory Committee (Committee) recommended that Common Council assent to a tentative subdivision plan that vested a 2.5-hecatre parcel of land at 1250 Latimore Lake Road as LPP. At that time, a sports field was situated on this City parcel and the Parks and Recreation service supported the application. On September 28, 2020, Common Council resolved to seek the consent of the Committee to divest this LPP. Council also resolved to sell the land to the applicant in the event that the Committee consents. ANALYSIS Proposal The applicant has approached the City seeking to purchase the property at 1250 Latimore Lake Road. The applicant intends to use the property to provide indoor and outdoor dog training. A building would be constructed for an office and the indoor training facilities. The applicant believes that the existing chain -link fencing on the property can be utilized for the business. The property is zoned Rural (RU) and the proposed business is permitted. Site and Neighbourhood The subject property is located on the south side of Latimore Lake Road, 250 metres to the west of Eldersley Avenue (Map 1). A tennis court and ball diamond are in the western and eastern portions of the property, respectively (Map 4). Both these facilities have been inactive for some time. A gravel parking area is located between the tennis court area and the public street. There are six detached dwellings directly across the street. The dwelling on the adjacent property to the west at 1220 Latimore Lake Road is approximately 34 metres from the subject property and 46 metres from the tennis court. The nearest dwelling to the east is 128 metres from the subject property. The area to the rear is forested. Municipal Plan and the Parks and Recreation Strategic Plan The Municipal Plan (Plan) recognizes the importance that parks and community facilities contribute in advancing the environmental, social, and financial pillars of sustainability, which are all critical building blocks of complete communities. At the same time, the Plan recognizes that the City currently has more of some types of facilities and parks than a city of its size can efficiently support. Therefore, one of the Plan's community Page 2 of 4 53 Caroline Bird 1250 Latimore Lake Road December 18, 2020 facility goals is to prioritize and right -size local parks, recreation, and community facilities through the development of a parks and recreation strategic plan in order to pursue more strategic investment with respect to community facilities in serving the needs of the community. The City of Saint John Parks and Recreation Strategic Plan (Strategic Plan) was adopted in 2013. Based on industry standards and community demographics, the Strategic Plan determined that there was a 264 percent oversupply of tennis courts (37 existing versus 14 required), a 214 percent oversupply of ball diamonds (30 existing versus 14 required), and a 210 percent oversupply of parkland (1,191 hectares existing versus 567 hectares required). The Strategic Plan prioritizes certain tennis courts and ball diamonds, especially those within Intensification Areas and associated with schools, but encourages the decommissioning of the tennis court and ball diamond on the subject property, unless there is community sponsorship to maintain these facilities. Parks and Recreation has indicated that there has been no public interest for sponsorship. Therefore, they have indicated that the property and its facilities are surplus to its delivery of parks and recreational services to the community. Conclusion The Municipal Plan and the Parks and Recreation Strategic Plan support the divesting of the LPP at 1250 Latimore Lake Road. Therefore, staff recommends that the Committee consent to the divesting of this LPP. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 4, 2020. APPROVALS AND CONTACT Author Senior Planner Commissioner Mark O'Hearn, CPT I Mark Reade, P.Eng., MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark O'Hearn Telephone: (506) 649-6075 Email: Mark. OHearn@saintjohn.ca Application: 20-0212 Page 3 of 4 54 Caroline Bird 1250 Latimore Lake Road December 18, 2020 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Page 4 of 4 55 \ID i` ��MAN LN 2 00 -po 0 Map 1 - Site Location The City of Saint John o. 56 Date: October 20, 2020 �� 1250 Latimore Lake Road I 50 m Rural Resource Map 2 - Future Land Use 1250 Latimore Lake Road o� � Nam �G Rural Resource The City of Saint John 57 Date: October 20, 2020 0 50 m RU (EP) Environmental Protection (RU) Rural (RR) Rural Residential F- -q LJ * Section 59 Conditions L�,'65� ?"D vo,&& N Map 3 -Zoning The City of Saint John � o. 58 Date: October 20, 2020 �� 1250 Latimore Lake Road I 50 m lr���, tlY��!.<�w� �:� .;�"�"� � `� <ry';m'� y„�, ��!!�"v���� "` •,. ; �+, rcf�,.�'.� �{. .iR" �• - -�0.0C� `a.�'_' ;'�n�gp` `�q. 1�� �i.. „ rE � ��1� 'F' �.� : ++h �,�`c ,yt'.. t ...,� i " � 14�' � �� t. � r� � • r �' ` ��,�< �N �'�!"�.,yy" � a t � E R i T ,: � t f� �,�•+. `� � �k, x';°Il{\ f�. � ^1l� .� `�a` Kg'. � R.<aPia��.�a+%.� �' \� �L3�i� 137 ��' � ` ' 4;�.e x, "�. ar 4��.� � � w�: '� , - F*o ;;�. � 'iir�' .a• �x` ,� ,p'.YF.' .. • �, `�# 136 �, � -+M��°�.�, � lajg • x .• *� e.a..y: } `' F ,'S� �-y,. `R1l `� r, •� '�^:. \ C Q 16_ 'i?" Y r . � iw! ,134gi�3_5q '4 ,ye� "+ *';t tv1% -\ "� 1291, 2 cit "1\ 4 ; E 1279 "+$. x .9c iL• ^et } $ 1 f125, Y« ' 124 Rph 24 sqs,. f 13 <. ` :. loop rat �ry,b s; m 125 -�R•'rMrt � ^� �,3��t,-_ 4"`s ,, ,, �b �..rt . �„ . � 4 . Z� fikl�k �123 ` Fq '4370 rAl��•� 31 xt Al a• p 1229 .� F • Y � � ��� ��� 1��r� � � � � �� � `* �� • � �[[[ � E�•� 41`�,3,,,t,R'�°y'. �,�'�t „�,\ � � ry 1200 s+ (1161' `` t !.t' ' 1127 2 ilr e 9 . '112 r Ills +a gEMAN LN 12 < 14 • V x ly r <�. q. +..«. ,. may`. Ai •`".. i •M,.• -S 1a t r�^S`SrF '.'"� ^"+.'n'?'.. f+-''_ tv+i4 -•s.!. 2�. �► * p r �tt 33 'rP"� � 24 lam —��� �y": ,� ��:�+�a rr^� •a#+� .�,.. � , 37 01 30 4 �. , ,,� �, \.fix � k � . � z � � •"� R�`i�p€�� 14` �'+4' � � Y � �,., r d ,� i-" .4. Map 4 - Aerial Photography The City of Saint John 59 1250 Latimore Lake Road Date: October 20, 2020 r - v- r r. _. L. tip ! s iM• wild: _... ��ek .,.+s ���i't. �� From: Reid, Andy (Planning) To: O"Hearn, Mark Subject: FW: Land for Public Purposes Release 1250 Latimore Lake Road Date: November 12, 2020 8:48:23 am From: gandpbernierPyahoo.ca <gandpbernierC@yahoo.ca> Sent: November 11, 2020 1:27 PM To: onestop <onestopC@saintjohn.ca> Subject: Land for Public Purposes Release 1250 Latimore Lake Road I'm Wilfred Bernier of 1201 Latimore Lake Road. I've lived here since I was 10 years old. My friends, my sister and I, played at that Park everyday, rain or shine. Most all of my childhood friend memories, were made at that park. Now, I still live here, along with my partner, Amy and our son William, who is 12 and we still use the park as much as we can. Just about everyone that lives here, has lived her all their lives. That Park is used by kids everyday. They play Ball Hockey, Baseball, they Skateboard and even camp there overnight, usually with adult supervision. Latimore Lake is a Quiet friendly place to live, please don't ruin the beauty by allowing a business with many Dogs to open here, Imagine the noise we would have to put up with. I encourage you to advise the person wanting to open a business in our tranquil neighbourhood to go somewhere more appropriate and suitable for their business. Please take all of this information into consideration before you make a decision. On behalf of my family, I thank you for allowing us to voice our opinion. We are totally against the proposal. 61 From: Reade, Mark To: O"Hearn, Mark Cc: Crawford, Barb; Burgess, Aimee Subject: FW: Land for Purposes Release Date: November 10, 2020 8:53:27 am From: gandpberniel-Pyahoo.ca <gandpbernierlaDyahoo.ca> Sent: November 9, 2020 9:45 PM To: onestop <onestopPsaintiohn.ca> Subject: Re: Land for Purposes Release Hello I forgot some information. This email is from Gizelle and Paul Bernier at 10 Savoy Lane in Latimore Lake E2N IY9 On Monday, November 9, 2020, 08:45:05 p.m. AST, gandpberniera-yahoo.ca <gandpbernierCceyahoo.ca> wrote: Hello I live in Latimore with my husband, we've lived here since September 1987. We love our community and the Playground. All the children from here and the trailer park, play in it everyday. Their is not very much in Latimore Lake for our kids and grandkids but that Park. Please don't take it away from them, please. 62 �Ps�-�m7 JDH�o COMMON COUNCIL REPORT M&C No. 2021-007 Report Date December 30, 2020 Meeting Date January 11, 2021 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender 2020-085103T — Building Renovations — Fire Station #1 "Emergency Planning, Preparation, Response and Testing Simulation Theatre" Primary Author Commissioner/Dept. Head City Manager Dan LeBlanc Fire Chief Kevin Clifford John Collin RECOMMENDATION That the bid submitted by Bower Construction Surveying Inc. for Tender 2020- 085103T — Building Renovations — Fire Station #1, in the amount of $218,500.00 plus HST be accepted; and the Mayor and Common Clerk be authorized to execute the contract documents. That the Emergency Planning, Preparation, Response and Testing Simulation Theatre project funding be amended to $692,032, being an increase of $60,733 above the original 2019 project estimate; and that the requested additional funding be covered by any surplus that is attained in completing two other previously approved Fire Department Capital Projects (training health and safety; and fire prevention relocation) or failing that, from the Fire Services 2021 Operating Budget. The purpose of this report is to seek Common Council approval for the award of the renovation contract necessary to complete the establishment of the emergency planning, preparation, response, and testing simulation theatre as previously approved by Common Council in January of 2020. Although Council approved the simulation theatre project early in 2020 it has always been the requirement to seek Council's approval on the award of the specific renovation contract related to the project. The low bid contract 63 sM recommendation has a cost that is $60,733 more than the project estimate attained in the fall of 2019. The increase in project cost can be attributed to delays and resource challenges related to COVID 19. The potential project deficit will be covered by a possible surplus in two other fire service 2020 capital projects or the fire services 2021 operating budget. This project presents zero risk to the fire service 2021 budget, but rather provides an opportunity for an increase to the fire service revenue on an ongoing basis. Of note, the Simulation Theatre Remote Command Training capability allows for virtual training in a Pandemic Environment. During the latter part of 2019 (Nov 4th) and early 2020 (January 27th ) Common Council approved three separate fire service capital projects: The Fire Training Facility Safety and Hygiene Expansion; CAER / Emergency Planning, Preparedness Response and Testing Simulation Theatre, and the associated Relocation of the Fire Prevention Division to the bottom level of Courtenay Avenue Fire Station. Common Council's resolution supported that funding for the three projects be made available from existing (2019) operating budget surplus within fire service and an enhanced renegotiated agreement (2020) with Pt. Lepreau Nuclear Generating Station. The Fire Training Facility Safety and Hygiene Project was completed in 2020, while both the Emergency Planning, Preparedness, Response and Testing Simulation Theatre (65% complete), and Fire Prevention Division Relocation (80%) projects were delayed because of COVID and cyber challenges in 2020. Both unfinished projects are expected to be completed during the first half of 2021. REPORT The purpose of this report is to seek Common Council approval for the award of the renovation contract necessary to complete the establishment of the emergency planning, preparation, response, and testing simulation theatre as previously approved by Common Council in January of 2020. Although Council approved the simulation theatre project early in 2020 it has always been the requirement to seek Council's approval on the award of the specific renovation contract related to the approved project. During 2020 Saint John Fire and SJEMO officials consulted with the approved vendor for the simulation software and hardware - Environmental Tectonics MI am Corporation (ETC), on the physical and technical design for the simulation theatre location. Based upon the technology layout, architectural plans were prepared to facilitate the tendering of renovation work. Provided Common Council approves the tender for the proposed renovation, and if the renovation work proceeds without hold-ups, ETC can deliver and set-up their technology in April 2020 (or when COVID-19 rules permit). What the Simulation Theatre is and can be. Community Awareness Emergency Response (CAER) is a structured methodical approach to emergency planning, preparedness and response based on the tenets/principles of High Reliability Organizations (HRO's). Given the organizational restructure Saint John Fire, now more than ever, must progress towards a High Reliable Organization. The introduction of the Advanced Disaster Management (ADMS) Simulator by ETC is an important step to ensuring this community's emergency responders are competent to respond to the hazard profile that exist in the City of Saint John. ADM Simulator (Advanced Disaster Management Simulator) is an interactive and dynamic virtual reality training platform utilizing artificial intelligence, and physics -based effects and models embedded in the system. The system offers: • Real-time insight into the effects of participants decisions is immediately identified as the simulation demonstrates the consequences of their decisions; • Is an effective tool for planning, rehearsing, assessing, and enhancing skills of the participants required to manage incidents and disasters Advanced Disaster Management (ADMS) Simulator; and • The utilization of the ADMS system (Simulation Theatre) will over time: o Decrease operational training cost o Increase learning retention o Provide the ability to train anytime without disruptions to daily operations o Reduced safety concerns for trainees o Have an ability to create scenarios based on exact circumstances o Structured and objective scoring and assessment capabilities o Control of the entire exercise process by the instructional staff o Increase the efficiency of training more people, more frequently, for more incidents (all SJFD firefighters exposed to 6 hours of PLNGS incidents) • The Simulation Library contains hundreds of scenarios including: 65 -4- o Flood Event o Wind /Hurricane Event o Fire / Explosion o Numerous incident types within high rise building (fire / human threat etc.) o Detailed exterior and interior incidents at the Saint John City Market o Detailed exterior and interior incidents in Schools o Major Incidents at (Pipelines / refineries / chemical plant/ Tank Farms / Railways / Airport / Port / Industrial Storage Facilities / Paper Production facilities) o Major Highway Incidents o Incidents at Places of Public Assembly: Night Market / Sparkles / TD Station / Imperial Theatre Project Funding As Council may recall, funding support for the Simulation Theatre project is linked in part to the new ten-year agreement with NB Power for training City of Saint John personnel on fire and other emergency response scenarios which could occur at the Point Lepreau Nuclear Generating Station (PLNGS). The timely development of the simulation theatre is critical to the ongoing revenue collection. F1111T ilfxeller-1 C�IJIuI�Pi� "Ensures that the delivery of efficient and effective public safety services addresses the evolving needs of a growing community". "Creating opportunities to generate alternative revenue sources" through the potential enhancements of the suite of programs offered through the Saint John Fire Training Academy and Saint John EMO." SERVICE AND FINANCIAL OUTCOMES By way of a November 4, 2019 and January 27, 2020 resolutions of Common Council, Finance set-up the appropriate accounts and project numbers to support the 1) CAER / Simulation Theatre initiative as well as the 2) Fire Training Facility Industrial Hygiene and 3) the relocation of the Fire Prevention and Investigation Division. -5- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance: Finance acknowledges that COVID-19 is impacting the renovation project costing in both terms of material and labour costs. Finance supports the concept of addressing the Simulation Theatre Project funding shortfall ($60,733), first from any surplus in the capital pool set up for the three 2020 Fire Department projects, after which any remaining shortfall being funded by the Fire Department's 2021 Operating Budget Supply Chain Management: Supply Chain Management facilitated the publicly advertised tender call. The tender was issued on November 6, 2020 and closed on December 8, 2020 with seven (7) companies submitting bids as follows (all taxes extra): ICR General Contractors Ltd. - $236,890.00 Avondale Construction Ltd. - $284,600.00 King Construction Ltd. - $258,300.00 Bower Construction Surveying Inc. - $218,500.00 Eclipse Construction Services Ltd. - $253,219.16 John Flood & Sons (1961) Ltd. - $238,671.00 APM Construction Services Inc. - $264,020.00 Staff of Supply Chain Management have reviewed the bids and have found them to be complete and formal in all regards and support the recommendation being put forth. ATTACHMENTS No Attachments 67 COMMON COUNCIL REPORT M&C No. 2021-006 Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Strategic Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Security Awareness Training Solution AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rick Ouellette Stephanie Rackley-Roach / Kevin Fudge John Collin RECOMMENDATION That the City of Saint John purchase a Cyber Security Awareness and Training Solution from Beauceron Security Inc., for a one-year period pursuant to section 6 of Schedule B to the Procurement of Services Agreement between Service New Brunswick and Beauceron Security Inc. dated September 30, 2019, which enables other public sector entities to leverage the volume pricing contained in the said agreement. EXECUTIVE SUMMARY Globally information security threats are rising, and technology alone cannot fully mitigate the risks. Employees and their actions are an important part of an Information Security Program. The City has regularly and repeatedly conducted over the past few years awareness activities with employees through providing training, advising of potential suspicious emails, and conducting safety messaging on how to avoid malicious activity. The next step is to procure the Beauceron Security Awareness Training Solution to further strengthen the City's Information Security Culture. Under the Province of New Brunswick's Procurement of Services Agreement, there is an opportunity to procure Beauceron at an annual cost of $4,837.50 plus HST. The Province and the City of Fredericton use the Beauceron solution. PREVIOUS RESOLUTION N/A -2- REPORT Information security threats are quickly escalating in terms of frequency and significance. The best approach to preventing, detecting, and responding to an information security incident is with a robust Information Security Program designed to collectively manage required security controls. A key component of any Security Program is improving employee / user security awareness and recognition of malicious activity through targeted training and testing. In the cybersecurity industry, employees are often called the weakest link. However, through effective training, they can become the most important resource for thwarting security incidents. The City has regularly and repeatedly conducted over the past few years awareness activities with employees and users through providing training, advising of potential suspicious emails, and conducting safety messaging on how to avoid malicious activity. In order to continuously improve employee and user cybersecurity awareness, the next step is to invest in a training and monitoring tool. Beauceron is used by the Province of New Brunswick as their security awareness training and testing solution. The City can leverage the Provincial Procurement of Services Agreement to acquire these services including: • Delivering and/or creating surveys, security awareness courses, and a personal risk score for each employee / user • Strengthening individual security awareness, by having the City's IT Team manage configurable random phishing campaigns which send benign phishing attempts to employees to test their knowledge and response • Developing dashboards to monitor department -level and City-wide security scores (posture) Improving the Information Security Program is a strategic priority of Council related to being fiscally responsible through continuous improvement. Given the escalating rise in worldwide information security incidents, improving information security controls is essential. SERVICE AND FINANCIAL OUTCOMES The City can procure the Beauceron solution under the Province of New Brunswick's Procurement of Services Agreement between Service New Brunswick and Beauceron Security Inc. dated September 30, 2019. Pricing is done on a user -basis. Estimating 1,075 users at $4.50 per user annually, the projected total annual cost is $4,837.50 plus HST. -3- Competing products were not considered with the ability to leverage the Provincial Procurement of Services Agreement and noting that the City of Fredericton also selected this solution. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and Procurement service areas were consulted regarding buying under the Province of New Brunswick's contract. General Council reviewed the report and supports the recommendation. ATTACHMENTS 1. Province of New Brunswick's Procurement of Services Agreement 2. Beauceron Security City of Saint John — Premium Package Quote 70 AService Nou au Brunswick PROCUREMENT OF SERVICES AGREEMENT THIS AGREEMENT as of the 301" day of September, 2019. BETWEEN: SERVICE NEW BRUNSWICK, a Crown corporation with head offices at 82 Westmorland St., Fredericton, NB E313 31_3 (hereafter called "SNB") -and - Beauceron Security Inc , a body corporate under the laws of Province of New Brunswick, having offices at 61 Rue Carleton St., Fredericton, N.B. (hereafter called "the Supplier") WHEREAS SNB released a Request for Proposals (RFP) # 8020052-20 for an Cyber Security Awareness and Training solution or equivalent which was dated June 14, 2019; AND WHEREAS the Supplier responded to the Request for Proposals by a document dated June 27, 2019. AND WHEREAS SNB wishes to purchase professional services from the Supplier related to a Cyber Security Awareness and Training solution and the Supplier has agreed to provide those services in accordance with this agreement. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is acknowledged, and in consideration of the covenants and conditions contained herein, the parties agree as follow: DEFINITIONS In this Agreement or in any amendments hereto, the following terms shall have the following meanings: "Agreement" means this Agreement including the Schedules and any amendment hereto in writing signed by all the parties hereto; "Confidential Information" a) means information in any form disclosed directly or indirectly to the Supplier by or on behalf of SNB or gathered by the Supplier from observation of any records, property, or activities of SNB, regardless of whether the Supplier obtained the information before or after the 71 Term or whether the information is specifically identified or marked as confidential or proprietary; and b) includes any analyses, compilations, studies and other documents prepared by or on behalf of SNB which contain or are derived from the information listed in Section 1(a); "Deliverables" means the products or outcomes of the Services which are stated by the terms of this Agreement to be deliverable to SNB; "Intellectual Property" means intellectual property and industrial and other proprietary rights, protected or protectable under the laws of Canada including: a) all trade names, trademarks, service marks, logos, brand names and other identifiers; b) copyrights and moral rights (including rights of attribution and rights of integrity); c) all trade secrets, inventions, discoveries, devices, processes, designs, techniques, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice; d) all domestic and foreign patents and their registrations, applications, renewals, extensions and continuations; and e) all goodwill and all rights and causes of action for infringement, misappropriation, misuse, dilution or unfair trade practices associated with the items listed in (a) - Error! Reference source not found.(d) above; "Person" means an individual, partnership, association, body corporate, trustee, executor, administrator or legal representative; "Personal Information" means any recorded information about an identifiable individual as defined under the the Right to Information and Protection of Privacy Act c. R-10.6 or any successor legislation and for the purposes of this Agreement will include Personal Health Information. "Personal Health Information" means identifying information about an individual in oral or recorded form if the information as defined under the New Brunswick Personal Health Information Privacy and Access Act, c. P-7.05 that (a) relates to the individual's physical or mental health, family history or health care history, including genetic information about the individual, (b) is the individual's registration information, including the Medicare number of the individual, (c) relates to the provision of health care to the individual, (d) relates to information about payments or eligibility for health care in respect of the individual, or eligibility for coverage for health care in respect of the individual, (e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any body part or bodily substance, (f) identifies the individual's substitute decision -maker, or (g) identifies an individual's health care provider. Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 2 of 36 72 "Privacy Breach" means any incident of unauthorized access, use, disclosure or disposal of Personal Information subject to this Agreement in the custody of, or under the control of SNB, a Department or other agency of the Province of New Brunswick, and/or the Supplier. "Public Sector Entity(s) or Entity(s)" means an entity or entities listed under Parts I (SNB and Government of New Brunswick Departments and Agencies), 11 (the School System) and III (the Hospital sector) of the first schedule of the Public Service and Labour Relations Act and also includes Crown Corporations and Government Funded Bodies, such as municipalities, academics (universities and community colleges), schools and hospitals. "Records" mean a record of information, including Personal Information and Confidential Information, captured and maintained in delivering the Services under this Agreement. "Security Breach" means any act or omission that materially compromises either the security, confidentiality, integrity or availability of Confidential Information, or to the physical, technical, administrative or organizational safeguards put in place by the Supplier that relate to the protection of the security, confidentiality, integrity or availability of Confidential Information. "Services" means the services and/or products as described in Article 2. "SNB Accounts Payable" (SNB A/P) means the division of SNB responsible for processing and payment of invoices for SNB and Part I Entities. "Strategic Procurement" means the division of SNB responsible for public procurement "Work" means the Services and the Deliverables. 2. SERVICES 2.1 The Supplier agrees, upon request from SNB, to provide SNB with the goods and professional services as set out in Schedule "A" attached hereto. 2.2 Nothing in this Agreement gives the Supplier an exclusive right to provide the Services and SNB may enter into agreements with other suppliers for services equivalent to the Supplier's. The Supplier may provide its services to third parties. The Supplier will not enter into any other contract that might prejudice the ability to provide services as set out in Schedule "A". 2.3 The Supplier engaged to deliver services on behalf of Service New Brunswick must ensure compliance with the Official Languages Act in the delivery of those services. For more information, please refer to the Official Languages Act. 2.4 SNB reserves the right to negotiate additional services and enhancements as they relate to the scope of the Services, throughout the term of the contract. An agreed upon Statement of Work will be required. 3. TERM Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 3 of 36 73 3.1 The parties agree that this Agreement shall commence on 2019-10-01 and expires on 2022-09-30 ("Term") unless terminated earlier in accordance with Articles 12 or 13 of this Agreement. 3.2 Provided that the Supplier has complied with all of the terms and conditions of this Agreement, at or before the expiration of the Term hereof, and upon approval by Strategic Procurement, SNB may renew this Agreement for up to three (3) additional one-year periods from 2022-10-01 to 2025-09-30 on the same terms and conditions as are contained herein with the exception of the amount to be paid by SNB which shall be negotiated for the renewal period. 3.3 In the event that option years are exercised, the Supplier's fee for service price shall not increase by more than 2% or Canadian Consumer Pricing Index (CPI), whichever is lower. 4. COMPENSATION 4.1 SNB shall pay the Supplier for the Work the amounts as set forth in Schedule "B" attached hereto. 4.2 All fees and pricing outlined in Schedule "B" and all payments by SNB are in Canadian currency. 5. INVOICING 5.1 The Supplier shall invoice SNB for Services and other charges incurred with respect to the terms of this Agreement with such backup invoices and material as may be required by SNB. The standard payment term is 30 days. The Supplier will be paid HST (currently 15%). 5.2 Invoices shall be emailed in "pdf' or "tiff' format to invoices(a)-snb.ca or mailed to the following address: SNB AP - c/o Business Application Services (FTB) PO Box 6000, Fredericton, NB E3B 5H 1 SA - Executive Director - Business Application Services Carole Sharpe 5.3 The invoices will clearly identify: (a) the Supplier's company name, address, supplier number, and HST Registration Number; (b) identity of client, division, branch, unit/department, spending authority; (c) Purchase Order number; (d) unique invoice number; (e) invoice date; (f) total invoice amount; (g) the HST amount shown as a separate item. Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 4 of 36 74 5.4 SNB may withhold any payment for Services without incurring interest while the Supplier is in breach of this Agreement, or if there is a bona fide dispute as to the amount of an invoice. 5.5 Invoices shall only be issued against existing issued Purchase Orders. 6. CONFIDENTIALITY Neither party shall at any time use or disclose any Confidential Information that it receives from the other party pursuant to this Agreement or that relates to the affairs of the other party except as expressly agreed upon under this Agreement or as required by law. Furthermore, the Supplier shall not use at any time (whether during the Term of this Agreement or after its termination or expiry) for its own benefit or purposes or for the benefit or purposes of any other person, firm, corporation, association or other business entity, any business development programs, or plans belonging to or relating to the affairs of SNB, including knowledge relating to customers, clients, or employees of SNB. 6.2 The obligations of the receiving party under Article 6.1 above will not apply to Confidential Information that the receiving party can demonstrate: (a) at the time of disclosure is generally available to the public through no breach of this Agreement or other wrongful act by the receiving party, (b) has been received by the receiving party from a third party without restriction on disclosure and without breach of any agreement or other wrongful act by the receiving party, (c) is independently developed by the receiving party without regard to the material furnished by the other party, or (d) is required to be disclosed by law or order of a court of competent jurisdiction, provided that the receiving party shall furnish prompt written notice to the other party of such required disclosure. 6.3 Personal Information In the course of providing the Services, the Supplier, or anyone acting on its behalf, may gain access, knowledge or possession of Personal Information contained in SNB or other government department records. Where this is the case, the Supplier acknowledges that any Personal Information that is contained in the said records is subject to the Ripht to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act, as amended from time to time. Further the Supplier acknowledges that it is subject to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 51 or any successor legislation. The Supplier or anyone acting on its behalf agrees to protect such Personal Information by adhering to the requirements for such protection under the noted legislation which includes, but is not limited to, the following: (a) only collect such Personal Information as is necessary for the purposes of delivering the Services under this Agreement; (b) only use or disclose the minimum amount of such Personal Information as necessary for the purposes of delivering Services under this Agreement; Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 5 of 36 75 (c) be responsible to protect and maintain the confidentiality of any such Personal Information within its custody or its control acquired in carrying out the Services and undertakings under this Agreement; (d) limit access to the information to only those required to carry out the Services under this Agreement; (e) maintain reasonable physical, organizational and technological safeguards to ensure the confidentiality, accuracy and integrity of the Personal Information and protect the Personal Information against any loss or theft, as well as unauthorized access, use, disclosure, destruction or copying of any Personal Information and (f) Securely destroy such Personal Information upon completion of the Services under this Agreement, and provide proof thereof. 6.4 Records Records are and will continue under this Agreement to be the sole property of SNB and/or any provincial department or agency concerned and SNB will be consulted on any changes to the maintenance of the Records. All Records transferred to the Supplier by SNB or collected, created, maintained, or stored by the Supplier in the performance of the Services will remain under the control of SNB and/or any provincial department or agency concerned. 6.5 Right to Information The Supplier agrees that Records to which the Supplier may become privy, arising from the performance of this Agreement, are or may be subject to federal and provincial privacy legislations, as amended from time to time. The Supplier covenants to maintain the confidentiality of such Records and adhere to any applicable privacy - related legislation in force during the Term of this Agreement. The Supplier acknowledges that the Records in its custody or control is subject to the Right to Information and Protection of Privacy Act (S.N.8.2009, c. R-10.6) and regulations thereunder, as amended from time to time. The Supplier understands and agrees that SNB may be required to disclose certain information pursuant to said legislations, and other New Brunswick statutes giving members of the public the right to request and be provided with any information of a public body of the Province. In such instances, if a request for information is made to SNB and/or any provincial department or agency concerned, the Supplier will assist in responding to the request. As such, if a request for information related to this Agreement or the services being provided is directed at the Supplier, it will forward such request immediately to SNB. The Supplier acknowledges that individuals or their representatives have the right to request the Province to correct their Personal Information that the Supplier may have either received from the Province or collected or created about an individual. The Supplier will assist the Province in responding to such requests, as required. The Supplier shall advise SNB, and SNB shall authorize the plans and processes proposed by the Supplier for the destruction of the Records. The Supplier shall also, as soon as possible, and no later than 48 hours, advise SNB of any security Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 6 of 36 76 issues which arise with respect to the maintenance, retention or destruction of the Records. 6.6 The Supplier agrees to implement administrative, physical and technical safeguards to protect the Records that are no less rigorous than accepted industry practices (including/specifically the International Organization for Standardization's standards): • ISO/IEC 27001:2005 - Information Security Management Systems - Requirements, • ISO-IEC 27002:2005 - Code of Practice for International Security Management, • ISO-IEC 27018 - Code of Practice for Protection of Personally Identifiable Information (PII) in Public Clouds acting as PH Processors, • Information Technology Library (ITIL) standards, • Control Objectives for Information and related Technology (COBIT) standards, or • other applicable industry standards for information security, and will ensure that all such safeguards, including the manner in which the Records are collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable privacy laws, as well as the terms and conditions of this Agreement. 6.7 Compliance to Government of New Brunswick (GNB) Standards and Policies for IT Security and Cloud Services The Supplier will comply with the GNB standards as outlined in Section 6.6 above for IT Security and the Cloud Security Alliance industry standard best practices for applications and storage. SNB may independently monitor, at its sole cost and expense, if the supplier's Services conform to the Government's Acts, Legislation, Policies and Standards as determined by the Office of the Chief Information Officer and applicable to the security of information. In the event of a material non -conformity to the above, SNB may terminate this Agreement for cause. The Supplier agrees to provide the appointed auditor of SNB with access to any records or information deemed reasonable, in the opinion of the Supplier, to audit the activities of the Supplier with respect to this Agreement. This information will be made available at any reasonable time for up to two years following the termination date of this Agreement. Any charges related to these audits will be identified in advance and will be agreed upon by both parties. Upon SNB's written request, the Supplier shall make available to SNB the Statement on Canadian Standard on Assurance Engagements (CSAE) 3416 Type 2 audit report for Reporting on Controls at a Service Organization. In the absence of SOC 2 reports, audit reports relating to ISO/ICE 27001 certification are acceptable. SNB shall treat all such audit reports as the Supplier's Confidential Information under this Agreement. Any exceptions noted on the CSAE report or other audit reports will be promptly addressed with the development and implementation of a corrective action plan by the Supplier's management. Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 7 of 36 77 6.8 Privacy Breach and Security Breach 6.8.1 The Supplier shall report to SNB any Privacy Breach or Security Breach ("the breach") as soon as possible, and no later than 48 hours, upon its discovery (see Notices, Section 16), and: a) involve SNB and the Office Chief Information Officer ("OCIO") of the Province of New Brunswick in the investigation of the incident; b) provide all information related to the breach as requested by SNB and the OCIO; c) involve SNB and/or the OCIO and/or the provincial department or agency concerned, to manage the resolution and the response to the breach. 6.8.2 Immediately after becoming aware of the breach, the Supplier shall preserve all information and records related to the breach (including backups) and immediately begin the breach investigation. The Supplier shall, in coordination with SNB, the OCIO, and/or the provincial department or agency concerned, take reasonable steps to mitigate the impact and minimize damages from the breach, and take steps to prevent recurrence of the Privacy or Security Breach. Where it is reasonable in the circumstances to believe that a Privacy Breach creates a risk of significant harm to an individual whose personal information was involved in the Breach, the Supplier shall notify the individual and the OCIO as soon as possible, and no later than 48 hours, of the Privacy Breach. 6.8.3 SNB agrees that: (i) an unsuccessful Privacy or Security Breach attempt will not be subject to this section; and (ii) Supplier's obligation to report or respond to a Privacy or Security Breach under this Section is not and will not be construed as an acknowledgement by the Supplier of any fault or liability with respect to the Privacy or Security Breach. For the purposes of this paragraph an unsuccessful Privacy or Security Breach attempt is one that results in no unauthorized access to Personal Information or to any of the Supplier's equipment or facilities storing Personal Information, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log -on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents. 6.8.4 Privacy Complaints The Supplier shall ensure procedures are established to manage and investigate privacy complaints in accordance with the RTIPPA that it receives in the course of providing the Services under this Agreement. 6.9 Other Privacy Agreement In the event that the Supplier is subject to the provisions of a Data Use and Confidentiality Agreement or a Non -Disclosure Agreement with SNB, the obligations contained therein shall be deemed incorporated into this Agreement and shall remain in full force and effect notwithstanding that the provisions may be more onerous than those contained herein. For a full list of Privacy obligations, see Schedule "C". 6.10 SURVIVAL Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 8 of 36 78 The provisions of this article shall continue to bind the Supplier notwithstanding the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR The Supplier is an independent contractor and no provision of the Agreement that gives SNB a measure of control over the provision of Services or Goods shall be construed so as to cause the Supplier or its personnel to be considered employees of SNB. For greater certainty, when the Supplier is dealing with a third party as the apparent agent of SNB with SNB's specific knowledge and written consent, the Supplier shall remain an independent Supplier and not an employee or other agent of SNB and shall not conduct itself or represent itself to any person to be acting in a manner inconsistent with this Agreement. The Supplier shall disclose the nature of its relationship to SNB to any and all third parties with whom the Supplier is dealing. 8. ASSIGNMENT AND SUBCONTRACTING 8.1 The rights and liabilities of this Agreement are not assignable by the parties without the prior written consent of the other. 8.2 The Supplier shall not subcontract any part of its obligations under this Agreement without the prior written consent of SNB. 8.3 Consent under Article 8.2 shall not relieve the Supplier from any of its obligations under this Agreement or impose on SNB any liability to the subcontractor. 9. LIABILITY AND INDEMNITY 9.1 Each party (the "indemnifying party") agrees to indemnify and hold harmless the other party (the "indemnified party"), its agents and employees from and against any third party claims for injury to persons (including death) or damage to tangible personal property to the extent caused by its negligence or intentional misconduct during and within the scope of performance of this Agreement, provided the indemnifying party gives to the indemnified party: (a) prompt written notice of the claim; and, (b) sole control and authority to defend/settle; and, (c) cooperation and assistance in the defense and settlement. 9.2 Each party acknowledges that it will be liable and indemnify the other party for any losses, damages, liabilities, deficiencies, actions, judgements, interest, awards, fines, costs or expenses of whatever kind arising from or related to its failure to comply with any of its obligations under the Agreement. Notwithstanding the above and subsection 9.1, the parties expressly acknowledge and agree that they shall not be liable for each other's indirect or consequential damages or for lost profits or revenues under this Agreement, regardless of whether such a liability arises in tort (including negligence), contract, fundamental breach or breach of a fundamental term, Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 9 of 36 79 misrepresentation, breach of warranty, breach of fiduciary duty, indemnification or otherwise 9.3 The Supplier's and SNB's entire liability for all claims in the aggregate arising from or related to this Agreement shall not exceed the maximum fees payable in accordance with Schedule "B" attached hereto. 9.4 No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known to, or reasonably ought to have been discovered by such party. 10. RETENTION OF RECORDS 10.1 The Supplier shall retain data and back up copies of data collected in the performance of the Services in accordance with the requirements set out in the Statement of Work (Schedule A). 10.2 During the Term of this Agreement and for seven (7) years following its termination or expiration: (a) the Supplier shall maintain proper financial records in accordance with generally accepted accounting principles and in such detail as is, in the opinion of SNB, necessary for the proper accounting of public funds expended under this Agreement; and, (b) the Supplier shall prepare and retain such records of account respecting all Services provided to SNB under this Agreement and all financial commitments and expenses incurred in relation to this Agreement, which records and all contracts, paper correspondence, financial statements, books, accounts, and other similar information of the Supplier relating to such Services, commitments and expenses are to be open to examination and audit by SNB or authorized representatives upon reasonable notice by SNB during regular office hours or otherwise made accessible to SNB . 11. DEFAULT 11.1 Any of the following events of default or circumstances shall constitute default ("Default") under this Agreement, namely: (a) if the Supplier becomes insolvent, makes a general assignment for the benefit of its creditors or a proposal under the Bankruptcy and Insolvency Act (Canada), or if a petition is filed against the Supplier under the Bankruptcy and Insolvency Act (Canada), or if the Supplier shall be declared bankrupt, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, or any other officer with similar powers shall be appointed of or for the Supplier, or if the Supplier shall commit an act of bankruptcy or shall propose a compromise or arrangement under the Companies' Creditors Arrangement Act (Canada) or any similar legislation, or institute proceedings to be adjudged bankrupt or insolvent or consent to the institution of such proceedings or Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 10 of 36 80 consents to the appointment of a receiver or manager or admit in writing inability to pay debts generally as they become due; (b) if any of the property of the Supplier shall be seized or taken in execution or in attachment by a creditor of the Supplier, or if an order for seizure and sale shall issue against any of the property of the Supplier, or (c) if the Supplier fails to observe or perform any material term, covenant or obligation contained in this Agreement. 12. TERMINATION FOR CONVENIENCE 12.1 Either party may terminate this Agreement without cause by provision of thirty 30 days, notice such notice being provided in accordance with the provisions of Article 16. 12.2 Where the Agreement has been terminated, other than for cause, SNB shall pay to the Supplier such amounts as are properly attributable to the Services performed or costs or financial commitments incurred prior to the date of termination which cannot otherwise be avoided. Prepaid annual subscriptions are non refundable if terminated for convience by SNB. If Beauceron terminates for convenience, prepaid annual subscription will be refunded on a prorated basics based on date of termination.. 12.3 All work authorized by this Agreement prior to the effective date of termination without cause shall be completed by the Supplier as if this Agreement were still in full force. 13. TERMINATION FOR CAUSE 13.1 Upon any Default by the Supplier as outlined in Article 11, SNB may at its sole discretion, immediately terminate this Agreement by giving written notice to the Supplier of such termination. Termination of this Agreement for Default shall be without prejudice to any right, including any right of indemnity, remedy or relief vested in or to which SNB may be entitled by reason of the Default, breach or non- observance of any term, covenant, or condition of this Agreement on the part of the Supplier to be observed or performed, all of which right, remedy or relief shall survive such termination. 13.2 If either party to this Agreement is in breach of any of its obligations under this Agreement, the other party may give notice in writing of the breach to the defaulting party and request the latter to remedy it. If the party in breach fails to remedy the breach within fifteen (15) days after the date of delivery of such written notice, then this Agreement may be terminated immediately by further written notice of termination given by the complaining party. 13.3 All Services authorized by this Agreement prior to the effective date of termination shall be completed by the Supplier as if this Agreement were still in full force. 13.4 Upon completion of all work pursuant to Article 12.3 or Article 13.3, the Supplier shall immediately turn over to SNB all materials and Confidential Information generated during the performance of the Services under this Agreement, and Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 11 of 36 81 further the Supplier shall return all confidential information furnished to the Supplier by SNB pursuant to this Agreement. If SNB suspects any fraudulent, criminal or illegal activity related to this Agreement, SNB may terminate this Agreement immediately. 13.5 Costs of Termination for Cause. a) If this Agreement is terminated for cause by SNB under Article 13, the Supplier will be responsible for and will reimburse SNB for all reasonable, documented loss, costs and damages incurred by SNB as a result of or arising from the termination for cause, including any costs incurred by SNB to correct any defects or deficiencies in any of the Services. In addition, the Supplier will be responsible for and reimburse SNB for all reasonable, documented costs incurred by SNB to procure any of the Services from another provider, subject to a monetary limitation of $210,000.00. b) Despite Article 13.5(a), the Supplier will not be liable for any employee salary or benefit costs, travel, legal expenses and similar costs incurred by SNB, any costs of the respondents to a new RFP, or the amounts paid by SNB to a new provider for the Services for the duration of the Term of this Agreement. 14. OBLIGATIONS OF SUPPLIER UPON TERMINATION OR EXPIRY OF AGREEMENT All Work authorized by SNB under this Agreement before the effective date of termination: a) under Article 12 will be completed by the Supplier as if this Agreement were still in full effect; b) under Article 13 will immediately stop on the termination date unless SNB directs that it be completed by the Supplier, in which case the Supplier will complete the authorized Work as if this Agreement were still in full effect until the work is completed. Upon termination of the Agreement for any reason, whether by expiration of the Term or pursuant to Articles 12 or 13, the Supplier agrees to return all Records, data, information and materials in its possession including data back-ups provided to the Supplier under this Agreement to SNB or to any successor chosen by SNB in order to facilitate the transition. Once receipt is confirmed in writing by SNB, the Supplier will securely destroy these Records (except those records the Supplier is required to keep legally), data, information and materials. SNB agrees that the Supplier will be compensated, up to the date of expiry or termination of this Agreement, in accordance with the terms of Schedule "B" attached hereto. 15 DISPUTE RESOLUTION 15.1 Best Efforts to Resolve Disputes: In the event of any disagreement, failure to agree or other dispute between the Parties arising out of or in connection with this Agreement, including in respect of the interpretation of any provision of this Agreement or whether a Party has breached any of the provisions hereof ("Dispute"), the Parties agree that they will make all reasonable efforts to settle any such Dispute amicably as set out in this Article 15. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 12 of 36 82 15.2 Initial Proceedings and Escalation: In the event of any Dispute arising under this Agreement between the Parties including but not limited to: a) A dispute regarding monies or amounts owned by either Party to the other; b) A dispute regarding any decision relating to Force Majeure; c) The giving or withholding of any approval; or d) Any other obligation of SNB or the Supplier as set out in the Agreement unless otherwise provided herein. 15.3 The Parties shall attempt to resolve the Dispute using the following process: a) Either Party (the "Initiator") can submit a notice of Dispute to the other party (the "Responder"). b) Within three (3) business Days of a Notice of Dispute, the Supplier's Contract Manager and SNB's Contract Manager shall meet via telephone (the "Contract Manager's Meeting") for the purpose of resolving the Dispute. c) If the Dispute remains unresolved following the Contract Manager's Meeting or the Meeting fails to occur within the prescribed time, the Supplier's Project Director and SNB's Project Director shall meet within five (5) business days via telephone (the "Project Director's Meeting") for the purpose of resolving the Dispute. Except where clearly prevented by the issue in dispute, both Parties agree to continue performing their respective obligations under this Agreement while the Dispute is being resolved unless and until such obligations are terminated or expire in accordance with the provisions hereof. 16. NOTICES Wherever in this Agreement notice is required or permitted to be given or served by either party to or on the other, the notice shall be in writing and shall be delivered personally to the authorized designate or sent by prepaid, registered mail, or by email or facsimile, and each such notice shall be deemed given on the date of delivery namely three (3) days after mailing in the case of mail and two (2) hours after sending in the case of email or facsimile transmission sent during normal business hours. If notices are sent by email or facsimile transmission outside of normal business hours each such notice shall be deemed given two (2) hours after the commencement of the next normal business day. No notice maybe given by mail during a real or apprehended mail strike in Canada. The specified addresses may be changed from time to time by either party by notice as above provided. To the Supplier To SNB Authorized designate of the Supplier Authorized designates of SNB David Shipley Attn: Business Owner: Attention: Beauceron Security Inc. Director — SNB Technology Services 61 Rue Carleton Street, Suite 3 Business Application Services (Treasury Fredericton, NB E313 3T2 Board) Will Davidson Email: david a -a beauceronsecurity.com Will. davidson(a-)snb.ca 435 Brookside Drive Suite 30 Fredericton NB E3A 8V4 Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 13 of 36 83 Privacy Breach: Chief Privacy Officer — SNB PO Box 1998 Fredericton, NB, E313 5G4 Erin Hardy; erin.hardy(a)snb.ca Chief Privacy Officer — Treasury Board 230 Hilton Rd Fredericton, NB E313 6132 Joanne Fletcher;Joanne.fletcher(a�gnt 17. GENERAL CONDITIONS 17.1 Entire Agreement and waiver. This Agreement constitutes all of the agreements between the Supplier and SNB pertaining to the subject -matter of it and supersedes all prior agreements, undertakings, negotiations and discussions, whether oral or written, of the parties to it and there are no warranties, representations or other agreements between the parties to it in connection with the subject -matter of it except as specifically set forth or referred to in this agreement. No supplement, modifications, waiver or termination of this Agreement shall be binding unless executed in writing by the party hereto to be bound thereby. No waiver of any other provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions (whether or not similar) nor shall the waiver constitute a continuing waiver unless otherwise expressly provided. 17.2 Extended Meanings. In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders; and words importing persons include individuals, sole proprietors, corporations, partnerships, trusts and unincorporated associations. 17.3 Governing Law. This Agreement will be governed by the laws of New Brunswick and Canada. In any legal proceeding, this Agreement will be treated as having been performed in New Brunswick. Each Party submits to the exclusive jurisdiction of the courts of New Brunswick for all matters arising from this Agreement. 17.4 Invalidity of provision. The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable. 17.5 Force Maieure means a delay in the performance of the Services occurring without the fault or negligence of either party, which delay both parties could not have reasonably foreseen, caused by events beyond the control of either party or by such type and kind of events as set forth below, but not limited to those specific events. The types and kinds of events referred to in this Article include the following: acts of God; acts of the public enemy; civil war; insurrections or riots; floods; explosions; earthquakes or serious accidents; unusually severe weather; epidemics or quarantine restrictions; governmental priorities or allocation requirements or orders affecting materials, labour, equipment and facilities; fuel shortages; freight embargoes; strikes or labour troubles causing cessation, slowdown or interruption of work; and other Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 14 of 36 84 similar events, or a delay in performance of a subcontract by a subcontractor due to any of the events referred to above which is beyond its control and without its fault or negligence. In the event of a Force Majeure, the time for completing the delivery of that portion of the Services which have been delayed shall be extended by a period equal to the delay so caused. SNB may terminate this Agreement if the event of Force Majeure exceeds a period of 60 days. Despite any other provision of this Agreement, if, because of a Force Majeure, either Party (the "Affected Party") is prevented from fulfilling its obligations under this Agreement (the "Affected Obligations") , it will be relieved of the Affected Obligations to the extent, and for the duration, of the Force Majeure if the Affected Party: (a) within five (5) business days of becoming aware of the Force Majeure gives written notice to the other Party describing the Affected Obligations and nature and expected duration of the Force Majeure; and (b) takes commercially reasonable steps to mitigate the consequences of the Force Majeure and continues to perform the Affected Obligations to the extent possible. The Affected Party will use commercially reasonable efforts to resume as soon as possible the performance of any obligation affected by a Force Majeure. 17.6 Conflict of Interest. Unless otherwise agreed in writing in advance by The Chief Executive Officer of SNB: (a) Supplier warrants that at the date of this Agreement, no conflict of interest, or any circumstance that might interfere with independent and objective exercise of judgment, exists or is likely to arise in relation to execution of this Agreement or its subject matter. Supplier undertakes to notify SNB, in writing, immediately upon becoming aware of the existence, or possibility, of a conflict of interest and agrees to comply with any reasonable directions of SNB to appropriately manage the conflict of interest, within the time frame stipulated by SNB in writing. (b) Where the Supplier acts as a Project Manager for SNB, it shall be prohibited from submitting proposals to Requests for Proposals (RFP's) concerning the same project. (c) Where the Supplier acts as a Project Manager for SNB, it shall be prohibited from rendering any goods or Services that are outsourced for the same project. 17.7 Schedules. The attached Schedules "A", "B" and "C" hereto forms a part of this Agreement. In the event of conflict or inconsistency between one or more of the provisions of the documents specified below, the documents will govern in the following order: (i) This Agreement; Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 15 of 36 85 (ii) Schedules to this Agreement; 17.8 Amendment. No modification of this Agreement is valid unless set out in writing by the parties. 17.9 Language. The parties have required that this Agreement and all documents relating thereto be drawn -up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s'y rattachent soient rediges en anglais. 17.10 Warranties. The Supplier warrants and represents to SNB that: (a) the Services to be provided under this Agreement will conform in all respects to Schedule "A." (b) the Services will be delivered in a proper, efficient and business -like manner. 17.11 Ownership of Work Product/Services. Any work product created under this Agreement shall be owned as follows: (a) unless otherwise agreed in writing, all contract materials and any intellectual property arising out of or created as a result of the performance of any obligation under this Agreement, including the delivery of Services and the creation and delivery of deliverables, shall vest in SNB. As between the parties, each party shall remain the exclusive owner of its pre-existing intellectual property and any enhancements, additions, or modifications to its pre-existing intellectual property and any derivatives of its pre-existing intellectual property by whomever made and whenever made ("SNB Materials" or "Supplier Materials," as the case may be). (b) if created jointly by SNB and the Supplier, and the participants agree prior to development of the work product, all right, title, and interest (including all rights of copyright) shall be jointly owned by the parties, as tenants in common and such participant(s) shall have the unrestricted right to, and to authorize others to use, produce, reproduce, transfer, convey, publish, license, commercially exploit, develop derivative works based upon, and otherwise deal with all or any part of the work product therein and to enforce such participant's intellectual property rights against third parties, without the consent of the other and without any obligation to the other for profit generated; and (c) SNB acknowledges that the Supplier and/or its licensors retain any and all intellectual property rights in and to the pre-existing Supplier intellectual property or third party intellectual property and that the delivery of the Services to SNB shall not constitute an assignment or transfer of any intellectual property rights in such pre-existing intellectual property. The Supplier hereby grants to SNB a fully paid -up, royalty -free, non-exclusive, sub -licensable license to use in perpetuity and solely for SNB's operations any Supplier Materials embedded in a Deliverable provided to SNB under this Agreement. (d) SNB hereby grants to the Supplier a fully paid -up, royalty -free, non- exclusive, sub -licensable license to use SNB Materials in the Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 16 of 36 86 performance of this Agreement. The Supplier shall be free to use, and allow others to use, for any purpose the residuals arising out of or related to the use of SNB Materials under this Agreement. The term residuals excludes SNB Confidential Information and means information in non - tangible form, that may be retained by persons who have contributed to, worked on, or had access to the Materials, including ideas, concepts, know-how, methodologies, techniques, and other items of general usefulness or utility. 17.12 Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement and all ancillary documents may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. 17.13 Time of the Essence. Time shall be of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Service New Brunswick Name: Tania Davies Title: VP Service New Brunswick Beauceron Security Inc. Name: Title: Cyber Security Awareness and Training - Services Agreement (RFP # 8020052-20) Page 17 of 36 87 Schedule "A" Statement of Work Beauceron will supply SNB with a Cyber Security Awareness and Training Solution, based on the requirements and guidelines outlined in RFP # 8020052-20 and the Beauceron response. A. Deliverables The Cyber Security Awareness and Training Solution, Services and Supplier must: 1. Be provided via Software as a Service (SaaS), (cloud based), hosted in Microsoft's Azure geo- redundant data centers in Canada (specifically Ontario and Quebec). All data is processed in Canada and all data archives/backups are stored in Canada 2. Record user interaction, training intake and create an auditable (exportable) trail of activity (logging) with an automatic reminder to users to complete assigned materials and tests 3. Not reduce functionality through maintenance, upgrades or changes to Beauceron's SaaS SLA, (https://www.Beauceron security.com/tos) (Exhibit A) unless otherwise agreed by both parties 4. Advise SNB no less than 30 days before Beauceron's SaaS SLA will be modified 5. Provide support (triage, response time and escalation as defined in Beauceron's RFP response to requirement 3.8) through normal business hours (8:15 AM to 5 PM AST) 6. Maintain Uptime commitment of 99% availability (detailed definition below), and clearly communicate outage periods, whether scheduled or unplanned 7. Monitor and report on Chronic SLA Failure and deliver Service Credits/Remedies as detailed in the Sections — Chronic SLA Failure and Service Credits/Remedies below 8. Deliver maintenance releases, patches and product enhancements on a monthly basis and provide free of charge to customers with active subscriptions, as outlined below in the Section Preventative Maintenance details. Customers will be notified via a change management e- mail list, or via the service status whenever there is a major release that could impact their service availability. Most updates are done outside normal business hours, and customers are notified 30 days, 15 days, and 2 days in advance of any changes that could cause a service disruption 9. Enable SNB to retain control of all supplied, created and collected data within the proposed solution and all Entity and personal data collected and/or created must not be further processed or disclosed except for authorized purposes 10. Encrypt all data at rest, in use and in transit 11. Provide automatically generated and on demand reports through the Beauceron portal, as per details listed in Beauceron's RFP Section 6 Reporting response. 12. Provide updates and training if required, when new content (updates and/or new, features, approaches, topics or subjects) is pending release or available. 13. Provide a customizable Microsoft Outlook (Office 365) add -in that includes ability for users to report suspicious phishing attempts and explain why they think the item is a phish 14. Leverage modern authentication through Active Directory Federation Services for single sign - on (SSO) authentication Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 18 of 36 88 15. Authenticate external users to applications via modern authentication methods such, as but not limited, to SAML and ADFS 16. Provide quarterly sales reports of all purchases associated with this Agreement 17. Vendor shall provide SNB with 90 days notice and will warranty that all services, SLA and availability will be retained or improved before any change to the hosting provider. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 19 of 36 89 B. System Availability Beauceron shall use commercially reasonable efforts to provide SNB with a Service Level of at least 99% uptime of the Hosted Software on a 24 hours per day, 7 days per week, 365 days per year basis ("Service Level Goal"). The Service Level is determined by subtracting from 100% the percentage of minutes during the month in which the Hosted Software was unavailable or inaccessible to SNB. Service Levels below 99% will trigger a response to SNB and the beginning of an investigation within 1 hour. As deemed appropriate in Beauceron's sole discretion, Beauceron will provide SNB with a corrective action plan to restore Service Levels to at least 99.9%. B.1 Service Level Exclusions. Beauceron is not liable for any Hosted Software downtime or inaccessibility caused in whole or in part by any of the following: 1. Scheduled Downtime for Preventative Maintenance; 2. SNB's: (i) use of any hardware, software, or services not provided by Beauceron as part of its Hosted Software; (ii) use of the Hosted Software in a manner inconsistent with Beauceron's direction, instruction or guidance; (iii) faulty input, instructions, or arguments (such as requests to files that do not exist); (iv) actual or threatened breach of any agreement(s) between Beauceron and SNB, including SNB's excessive and unauthorized use and/or failure to pay associated fees and costs; or (v) failure, negligent or otherwise, to follow appropriate security practices; 3. Any person gaining access to Beauceron's data center and/or Hosted Software by means of the SNB's passwords, equipment, or other means of access without Beauceron's express written approval; or 4. Factors outside Beauceron's reasonable control, including, but not limited to: (a) network or device failure external to Microsoft Azure's data center, at the SNB's site, or between Microsoft Azure's data center and SNB's site; or bugs or defects in infrastructure software (such as operating system software, database software, and content management software). C. Routine System Monitoring Beauceron will use monitoring tools to monitor software (applications, operating system, databases, etc.) and hardware (routers, switches, servers, etc.) performance and integrity. These tools must be configured to send prioritized alerts to designated engineers in case of any downtime or failure of any infrastructure or application. The Beauceron System Administrator and/or Technical Manager will also regularly monitor the Beauceron data center for Preventative Maintenance issues, such as the availability of updates, patches, and/or other changes to the operating system of the Hosted Software. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 20 of 36 90 D. Chronic SLA Failure A chronic SLA Failure is defined as 3 or more outages in a calendar month, the occurrence of which is agreed by the parties to justify a remedy or remedies in addition to the award of SLA Credit(s), such as termination of the impacted services. In the event of a Chronic SLA Failure, SNB should have the additional right to terminate the affected service without penalty, following executive escalation as outlined in Article 15 of the main body of this Agreement. E. Service Credits/Remedies Beauceron will provide the following service credit program: Monthly Availability Service Credits 99%-100% No service credits 95% — 98.9% Beauceron credits SNB one (1) day of annual service cost Below 95% Beauceron credits SNB based on (95% — availability percentage) * one (1) day service cost Service credit shall be limited to a maximum of one (1) month of cloud service costs in a monthly reporting period. Quarterly meetings will occur to discuss the Monthly Reports and determine if any penalties should be addressed. Service credits are accrued for SNB through the life of the contract. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 21 of 36 91 F. Preventative Maintenance L"Preventative Maintenance" includes installation of patches, bug fixes, upgrades to the operating system, hardware, and/or firmware upgrades, and any other measures that Beauceron deems necessary to ensure the proper functioning and security of its data center and Hosted Software, in its sole and exclusive discretion. • Beauceron requires a monthly maintenance window for all their systems. This will be the second Sunday of the Month. Beauceron will inform SNB by Monday before the scheduled maintenance if Beauceron will be taking the maintenance window for that week • Beauceron releases quarterly application fixes and will coordinate the release with the appointed business owner. All releases will be applied to test system prior to being implemented in production. 2. SNB acknowledges that Beauceron shall have the exclusive right to schedule and implement Preventative Maintenance measures, including those resulting in system and application downtime, rendering the Hosted Software temporarily inaccessible ("Scheduled Downtime"). • Any planned maintence will be performed in the scheduled monthly maintenance window unless Beauceron determines that Beauceron needs to perform the maintenance early. If Beauceron does need to perform maintenance outside of the maintenance window it will be scheduled with the SNB business owner. 3. Beauceron will make every commercially reasonable effort to perform Preventative Maintenance and Scheduled Downtime so as to minimize any SNB impact. • Any emergency maintenance will be performed after hours when possible. Beauceron will notify the SNB business owner of any possible issues as soon as Beauceron is aware and will determine together the best time to perform the maintenance. 4. Updates and patches to the operating system and Hosted Software will be tested for performance and stability issues in a secure environment before they are implemented. 5. Beauceron will maintain a log that identifies: (i) the date and time of Preventative Maintenance; (ii) the individual performing the Preventative Maintenance; (iii) the individual who provided access to the data center and Services if other than the individual performing the Preventative Maintenance; (iv) the Preventative Maintenance performed; and (v) any equipment removed or replaced during Preventative Maintenance. Only personnel that have been identified and approved by SNB will have access to the system. All access will be tracked in a log that can be reviewed by SNB on request. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 22 of 36 92 Schedule "B" Ordering and Payment Services. Beauceron will receive annual remuneration for Services provided at the appropriate rate based on usage volume as outlined below in Table 1: Fee Rates: Table 1: Fee Rates Annual Pricing for... Item # users Year 1 Year 2 Year 3 Subscription Fee per user annually: Cloud Hosted Subscription Fee 1-10,000 $6.00 $6.00 $6.00 Cloud Hosted Subscription Fee 10,001-20,000 $5.00 $5.00 $5.00 Cloud Hosted Subscription Fee 20,001-30,000 $4.50 $4.50 $4.50 Cloud Hosted Subscription Fee 30,001-40,000 $4.50 $4.50 $4.50 Payment limit for three year cost for 14,000 subscriptions--> $210,000.00 Other Options / Enhanced Features Consulting Services Per Diem Rate--> $ 1,500 per day Note: Services included are outlined in RFP response 2. Payment Limit. Despite any other term of this Agreement, the total amount payable by SNB to Beauceron for all fees will not exceed $ 210,000 CAD (the "Payment Limit''), not inclusive of HST, based on a projection of 14,000 subscriptions. (See Table 2 below). Table 2: Projected Annual Fee Disbursements Description Year 1 Year 2 Year 3 Projected Number of Users 14,000 14,000 14,000 Total annual price (per user $ 5.00) $70,000.00 $70,000.00 $70,000.00 Total Projected over 3 years $210,000.00 Regardless of whether the value of the time spent, and the expenses incurred, by the Supplier in performing the Work is greater than the Payment Limit (as appropriate above), nothing in this Agreement will relieve the Supplier from its obligation to perform all of the Work. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 23 of 36 93 3. Volume discount pricing based on total count of annual Subscriptions Number of Users / Subscriptions Year 1 Year 2 Year 3 1-10,000 $6.00 $6.00 $6.00 10,001-20,000 $5.00 $5.00 $5.00 20,001 and over $4.50 $4.50 $4.50 4. Pricing availability, contract extension to other provinces, and volume -based pricing Volume pricing is available to Other Public Sector Entities including all Parts 1-4 , crown corporations and municipalities . The annual contract volume pricing will be based on combined volumes of all participating organizations. Pricing may also be extended to any other provincial government in Atlantic Canada but will require a separate contract and volume agreement. Provincial governments can not combine volumes outside of their Jurisdiction to achieve lower pricing. 5. Payment terms, volume true up and invoicing a) Subscriptions will be paid annually in advance b) The first invoice will be created on contract signing c) Payments for years two and three will be invoiced on annual anniversary date of the Term d) Additional users may be enabled within the application at any time during the contract year e) SNB may add up to 10% additional users during a year before being invoiced additional fees f) Once the number of new users exceeds 10% of the start of the year subscriptions, an interim invoice will be required g) SNB reserves the right to reduce the volume of users at the Term anniversary date h) Volume discount pricing will be calculated based on the total number of users within this Agreement, at the issuing of each invoice i) SNB and the Supplier will arrange quarterly reports of sales volumes and may meet at any other times as required j) Both SNB and the Supplier will assign a contract manager who is responsible for the contract management process (subscription / user count & invoicing) k) Beauceron will be required to reference the assigned PO number on any billings and send invoices to the contact defined on the purchase order. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 24 of 36 94 6. Procurement options for additional departments and government agencies. Other public sector entities can leverage the volume pricing contained in this agreement. Other public sector entities may also have their own direct contracts with Beauceron or any Beauceron authorized partners in order to leverage the volume pricing in this agreement. 7. Sample Invoice and Quarterly Sales Reports Invoices and Quarterly Sales Reports for all sales associated with this Agreement, should have the following detail, at a minimum: Date Department/Agency Contact Name # of Subscriptions Rate Total 2020-01-01 NBCC John Smith 1000 $5.00 $5,000 2020-06-01 NB Electric Agency Jane Doe 6500 $4.50 $29,250 Total Cost $34,350 Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 25 of 36 95 Schedule "C" Privacy Obligations In this Agreement, "personal information" means recorded information about an identifiable individual as defined in the New Brunswick Right to Information and Protection of Privacy Act (RTIPPA) and which is collected, created, obtained or maintained by the Vendor for purposes related to the solution provided. The Supplier must 1. Provide an effective privacy management plan to ensure that personal information is managed and protected in accordance with the New Brunswick Right to Information and Protection of Privacy Act, applicable SNB privacy policies and the requirements of Article 6 including policies, practices and procedures related to: 1.1. Privacy Statements 1.2. Collection of personal information 1.3. Use and disclosure of personal information 1.4. Safeguards to protect personal information 1.5. Requests to access and correct personal information 1.6. Privacy complaint management 1.7. Privacy breach management 1.8. Public availability of privacy and information management policies and procedures 2. Designate a senior individual within its organization to be the point of contact for complying with privacy/security obligations 3. Maintain and provide an up-to-date list of all employees, subcontractors, or agents with access to the personal information 4. Require all employees, contractors of the subcontractors, or agents with access to personal information to sign a privacy and confidentiality agreement. 5. Limit collection of personal information to that needed to provide the solution 6. Collect personal information directly from the individual the information is about unless otherwise directed by SNB 7. Notify individuals from whom it collects personal information of: the purpose for collecting it; any statutory authority for the collection; the individual's right of access to and correction of the information 8. Ensure their employees effectively identify themselves to the individuals from whom they are collecting personal information and provide individuals with a means to verify they are working on behalf of SNB and authorized to collect the information 9. Make every reasonable effort to ensure the accuracy and completeness of any personal information to be used by it or SNB in a decision making process that directly affects an individual the information is about 10.Only permit access to personal information by authorized persons and for purposes authorized 11. Only use personal information as needed to provide the solution or for a consistent purpose, unless otherwise directed by SNB Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 26 of 36 96 12. Only disclose or transfer personal information as needed to provide the solution, unless otherwise directed by SNB 13. Immediately notify SNB of any request it receives for disclosure of personal information for a purpose not related to providing the solution, or if it becomes aware that disclosure may be required by law, and must not disclose the information unless otherwise directed to do so by SNB 14. Immediately notify SNB in the event of a privacy breach (as defined in RTIPPA) affecting the solution 15. Cooperate with SNB in the investigation of any actual or alleged privacy breach 16. GNB's written approval to subcontract the performance of any part of the services or functions related to the solution 17. Responsibility for the performance of any services provided by a subcontractor 18. Return or transfer of all personal information and records collected, maintained or created pursuant to providing the solution as directed by SNB to SNB or to a third party acting on its behalf upon completion of the contract 19. Continue to meet any obligations to protect personal information in a contract pursuant to this RFP after the completion of the contract. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 27 of 36 97 Exhibit "A" Berauceron Softwa re -a s-a -Service Agreement https://www.beauceronsecurity.com/tos At Beauceron Security Inc. we are in the business of risk management. To contain risks and keep fees economical, we have put in place the terms and conditions set out below. Upon accessing this website or upon purchasing our products or support services, as the case may be, you agree to these terms on conditions. "We," "us", "our" or "Beauceron" refers to Beauceron Security Inc. "You" or "Your" refers to you as a Beauceron customer or a visitor to www.beauceronsecuritv.com. GENERAL This website and these terms and conditions are provided "as is" and are accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, we make no representations, warrantees or guarantees that the information, content or materials included in this website will be error free, completely accurate or current at all times, or at any time. Beauceron controls this website from its offices within New Brunswick, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of New Brunswick and the federal laws of Canada applicable to New Brunswick; (b) the courts of York County, New Brunswick have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws. Unless otherwise specified, references to dates and time of day mean Atlantic Standard Time. Beauceron may modify these terms and conditions from time to time, for any reason, by posting revised terms and conditions on this website. Please review these terms and conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised terms and conditions have been posted, you will be deemed to have agreed to them. HELPFUL DEFINITIONS "Business Day" means Monday to Friday except for statutory holidays in the Province of New Brunswick, Canada; "Confidential Information" means any and all information disclosed, either directly or indirectly, by a disclosing party ("Disclosing Party") to a receiving party ("Receiving Party") in connection with this Agreement, whether provided before, on or after the Effective Date, including without limitation, any inventions or discoveries (whether or not patentable), trade secrets, ideas, concepts, prototypes, designs, financial information, technical data or know-how, marketing and product information, pricing, business plans, contracts policies and procedures, customer lists (including customer information), technologies (including computer programs, computer code, modules, scripts, algorithms, routines, systems, databases, equipment, features, processes, Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 28 of 36 98 methodologies, schematics, testing procedures, software design and architecture, design and function specifications, analysis and performance information, and user documentation), internal documentation and materials and any personal information pertaining to an individual or person, such as employees or customers, together with all notes, memoranda, analysis, records, or other documents prepared by Receiving Party or its representatives containing or based upon, in whole or in part, information acquired from Disclosing Party in connection with this Agreement; verbal, written or machine-readable form, and regardless of whether it is specifically identified or marked as "confidential" or "proprietary"; "Documentation" means the user and technical manuals in paper or electronic format for the Software that we generally make available to our customers, as updated, amended and replaced from time to time; "Effective Date" means the earlier of the date on which (1) we receive your payment of the fees and (2) the date your users access the Software; "Maintenance" means Updates and Upgrades to the Software; "Maintenance Release" means periodic releases of revisions to the Software and may include any Update, release or other adaptation or modification of the Software that we may generally provide to our license holders; but, not an Upgrade; "SaaS Agreement" or "Agreement" means these terms and conditions together with our proposal, quote, sales order or invoice; "Software" or "Software as a Service" or "SaaS" means our cloud -based behaviour change platform to which we have provided you access; "Support Services" means telephone and email answers to resolve inquiries concerning the functioning and use of the SaaS and malfunctions as set out in these terms and conditions; "Training" means the education and training of your system administrators and other personnel to assist in preparing you to operate, manage and use the Software. "Update" means changes to the Software to correct errors or defects, or to make the Software conform to our specifications; and, "Upgrade" means improvements, enhancements, additions or changes to the Software which: (a) provide new or enhanced capability; (b) replace any portion of a Beauceron product; or, (c) enable the SaaS to operate with third -party technology. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 29 of 36 99 TERM The initial term of this Agreement commences on the Effective Date and continues for a period of one (1) year, subject to early termination, unless otherwise specified on the proposal, quote, sales order or invoice. This Agreement may be automatically renewed thereafter for an unlimited number of one (1) year periods upon our receipt of your annual fees. TERMINATION There are two ways this Agreement may be terminated prior to expiry. First, if either of us breaches any provision of this Agreement, the non -breaching party may, by notice to the breaching party, terminate this Agreement upon one hundred and twenty (120) days written notice unless, in the case of a breach capable of remedy, the breaching party cures the breach within that period. Second, either of us may terminate this Agreement within thirty (30) days written notice if the other commits one or more of the following breaches of this Agreement: (a) terminates our respective business; (b) voluntarily or involuntarily files a bankruptcy petition or similar proceeding under the laws of our respective jurisdiction; (c) becomes insolvent or makes an assignment for the benefit of creditors; (d) fails to comply with any other material provision of this Agreement; or, (e) you fail to pay us amounts due in accordance with this Agreement. On termination of this Agreement, your use of the Software as well as any access to our Maintenance and Support Services will cease. PAYMENT All fees will be set out in a proposal, quote, sales order or invoice as provided by us to you. Renewal fees are based on our then -applicable annual subscription fees. Support Services shall be performed on a "time and materials" basis and any statement of fees prior to the Support Services completion is an estimate only. Fees for our excluded services below, as well as services not otherwise set out in these terms and conditions, shall be calculated at the then -applicable rate set forth in our proposal, quote, sales order or invoice indicating: (a) nature of services; (b) list of expenses; and, Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 30 of 36 100 (c) registration numbers for applicable taxes. Our invoices are payable: (a) by you upon receipt in Canadian dollars, unless otherwise specified in the proposal, quote, sales order or invoice, and (b) within thirty (30) days, unless otherwise specified in the SaaS Agreement or invoice. You agree that you shall not withhold from payments any federal, state or provincial income tax, unemployment insurance premiums, premiums or contributions to any federal, state or provincial retirement plan or any other amounts not required by law. SERVICE MODEL You may use our Software for your own internal use to: (a) measure, monitor and manage cyber risk as assessed by the system using our user surveys, self -assessments, education and quizzes as well as external threat information gathered by our SaaS; (b) deliver online -based educational materials via included course modules, licensed third -party content or your unique modules using our course builder tool; (c) conduct simulated social engineering attacks via email and text message against only your organization or a subsidiary using the built-in simulated phishing emails or custom emails; (d) deliver email newsletters for security awareness with content provided by us, developed by you or through licensed third -party content; and, (e) use any other features for the purposes they were designed according to the Documentation that we may make available to you during the Term. You may not: (a) use, copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and shall not authorize or instruct any third party to engage in any of the specific uses of the Software as identified in in this Agreement; (b) connect to third party systems through unlicenced application programming interface; (c) reverse engineer, decode, decompile, or disassemble the Software; (d) sublicence the Software to third -party organization; Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 31 of 36 101 (e) add, remove, obscure or modify any label or other indication of trademark, copyright or other intellectual property rights on the Software, our Documentation or other written material supplied by us; or, M duplicate or reproduce any Software, our Documentation or other written material supplied by us, without our explicit prior written consent. You acquire only the right to use the Software in accordance with this Agreement and you do not acquire any intellectual property rights to the Software, our Documentation or our Confidential Information. You retain all intellectual property rights to your content and data. TRAINING You may use all of our training methods and materials supplied or developed under this Agreement (and these materials shall be considered our Documentation owned solely by us) during, and for the sole purpose of, this Agreement. Copying or reproducing any of our Documentation or training material for external distribution is strictly prohibited. Fees for training and Documentation shall be set out in our proposal, quote, sales order or invoice. MAINTENANCE RELEASES A Maintenance Release may contain, among other things, revisions, error corrections, enhancements, improvements or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency or quality of the Software. Each Maintenance Release constitutes a part of the Software and is subject to the terms and conditions of this Agreement. SUPPORT SERVICES Support Services are provided during normal business hours (9:00am to 5:00pm AST) on Business Days. We may engage certain third parties for the purposes of providing Support Services. SUPPORT ROLES AND RESPONSIBILITIES We divide support requests into the following categories with the associated responsibilities: (a) Tier One addresses basic user authentication issues, basic user interface questions and user questions about score, reporting suspected phishes, and typos and errors in custom content developed by you. You are responsible for all Tier One requests. (b) Tier Two addresses administrative user questions related to managing your tenant not covered by our standard documentation. We, or our third -party contractor, will respond within one (1) Business Day of each Tier Two request. (c) Tier Three addresses: Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 32 of 36 102 (1) broken functionality in the SaaS; and, (2) service availability or speed issues. TIER TWO AND THREE PROTOCOL We will notify you of the action that will be taken and, if applicable, of the availability of a fix. We will make all reasonably commercial efforts to: (a) restore the SaaS to functionality within one (1) Business Day an issue is reported if it is related to a service outage; (b) respond to any support requests and initiate resolution within one (1) Business Day of receipt to our support email address support@beauceronsecurity.com; and, (c) resolve each issue within five (5) Business Days from when the issue was reported. EXCLUDED SERVICES The following are excluded from our Support Services: (a) any of your communication charges; (b) issues due to improper use of the SaaS resulting from insufficient training; (c) issues arising from applying the SaaS to uses for which the SaaS was not designed; (d) issues related to your system and software environment; (e) issues relating to your network; (f) telephone support relating to business -consulting or training -related issues; and, (g) government or regulatory changes affecting SaaS. We may, on request and at then -prevailing rates, provide you with assistance with the excluded services on a Business Day subject to a minimum charge of: (a) One (1) hour for telephone, fax or modem consulting support; and (b) Eight (8) hours for on -site consultations (travel and living expenses will be charged at cost). CONFIDENTIAL INFORMATION At all times during this Agreement and after its termination or expiration, each of us shall: Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 33 of 36 103 (a) protect the confidentiality of the other party's Confidential Information with the same degree of care as it uses for its own similar information, but no less than a commercially reasonable degree of care; (b) not divulge or disclose the other party's Confidential Information to any third parties; and; (c) not use any Confidential Information for any purposes other than the performance of the obligations under this Agreement. Confidential Information may only be used by those employees or agents who have a need to know such information for the purposes related to this Agreement. Our respective confidentiality obligations do not apply to any information that is: (a) already known by the recipient prior to disclosure by the other party; (b) independently developed prior to, or independent of, the disclosure; (c) publicly available; (d) rightfully received from a third party with no duty of confidentiality; (e) disclosed with prior written approval; (f) disclosed under, or required by, law. (g) aggregate data gathered, created or interpreted by the Software, which will not contain any personal identifiable information. EVENTS BEYOND OUR CONTROL If either of us is affected by any act of God, act of war, or other cause beyond our control and without fault or negligence, we shall promptly notify each other of the nature and extent of the situation. Neither of us shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any delaying cause of which the other has been notified. As well, the time for performance of that obligation shall be extended accordingly, provided that we all use commercially reasonable efforts to perform. WARRANTEES AND LIABILITY We represent and warrant to you that we own, or have sufficient rights to, all intellectual property rights to the Software and any third -party products used in the Software. The Software is provided "as is" and we do not warrant that use of the Software will be uninterrupted or error free. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 34 of 36 104 We also warrant that our Maintenance and Support Services will be performed in a professional manner in conformance with generally accepted industry standards. We will rectify any Support Services which fail to conform with these standards provided you report to us in writing within thirty (30) days after the failure. WE MAKE NO WARRANTEES, REPRESENTATIONS OR CONDITIONS WITH RESPECT TO THE SOFTWARE, MAINTENANCE OR SUPPORT SERVICES EXCEPT AS SET OUT IN THESE TERMS AND CONDITIONS AND ALL OTHER WARRANTEES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. WE DO NOT WARRANT ANY SOFTWARE OR OTHER PRODUCTS MANUFACTURED BY THIRD PARTIES AND SUPPLIED IN CONNECTION WITH THE SOFTWARE, MAINTENANCE AND SUPPORT SERVICES. OUR LIABILITY FOR DAMAGES OR INDEMNIFICATION HEREUNDER SHALL BE LIMITED TO DIRECT DAMAGES AND SUCH AMOUNT SHALL BE NO GREATER THAN THE AMOUNT ACTUALLY BILLED TO YOU BY US FOR THE FIRST SIX (6) MONTHS OF THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR YOUR LOST PROFITS, DATA, OPPORTUNITIES OR REVENUES RELATING TO THIS AGREEMENT. THESE LIMITATIONS AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF THE BASIS OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF BREACH OF CONTRACT, AND SHALL APPLY FOR THE BENEFIT OF OUR OFFICERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN, EXCEPT FOR PAYMENT OF AN OUTSTANDING ACCOUNT. THINGS TO AVOID This SaaS Agreement, these terms and conditions or any right, licence, privilege or obligation provided herein may not be assigned, transferred or shared by you without our prior written consent, which consent shall not be unreasonably withheld. Any attempted assignment without such consent is void. You may not issue press releases or otherwise publish any information with respect to the SaaS, Maintenance Releases or Support Services without our prior written consent. EXTRA CONSIDERATIONS This Agreement will be governed in all respects by the laws of the Province of New Brunswick, Canada. Under no circumstances will either of us be a partner, employee or agent of the other. If any provision in this Agreement is held invalid or unenforceable it will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. WHERE YOU CAN FIND US Beauceron Security Inc. Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 35 of 36 105 61 Carleton Street, Suite 3 Fredericton, New Brunswick, E3B 3T2 www.beauceronsecurity.com +1 (877) 516-9245 info@beauceronsecurity.com Cyber Security Awareness and Training — Services Agreement (RFP # 8020052-20) Page 36 of 36 106 BEAUCERON / SECURITY City of Saint John - Premium Package City of Saint John 278 WATERLOO ST Saint John New Brunswick Canada E2L 3R5 Comments from Chris McGinn Pricing to the City of Saint John Pricing is under GNB buy Implementation fee has been waived Products & Services Item & Description Beauceron Premium - 1 Year Beauceron Premium includes the Foundations package, PLUS: -Customizable curriculums -Tailored workflows -Import historical phishing data -Personalized company impact reports -String translator -Platform theming -Job queue manager -Survey builder Beauceron Implementation and On -Boarding Guided implementation of the Beauceron platform, including project management. SKU :3.y2G BSIO- D13YR Quantity li11YAI, Reference: 20201105-151808460 Prepared: November 5, 2020 Expires: February 3, 2021 Prepared by: Chris McGinn Deal Desk Coordinator chris.mcginn@beauceronsecurity.com 5064400600 Unit Price CA$4.50 / year CA$2,000.00 Total CA$4,837.50 / year fort year CA$0.00 after 100% discount 107 Subtotals Annual subtotal One-time subtotal Purchase Terms Net 30 days Pricing in CAD Plus applicable taxes Questions? Contact me r, u Chris McGinn Deal Desk Coordinator chris.mcginn@beauceronsecurity.com 5064400600 Beauceron Security Inc. 527 Queen Street, Suite 110 Fredericton NB CA CA$4,837.50 CA$0.00 after CA$2,000.00 discount Total CA$4,837.50 Saint John Parking Commission Commission sur le stationnement de Saint John January 11, 2021 Jonathan Taylor Common Clerk City of Saint John 3Id Floor, City Hall Saint John, NB Dear Mr. Taylor, SAINT JOHN TRt1NSIT Re: Appointment of Justin Spieeht, Badge No. 9978 Canadian Corps of Commissionaires as By-law Enforcement Officer under Saint John Parking By -Law We are requesting that the following resolution be presented to Common Council for approval: RESOLVED, that as recommended by the City Manager, the following resolution be adopted: WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant To the authority of the Local Governance Act, S.N.B. 2017 C.18, and amendments thereto, (the "Local Governance Act") including the Saint John Parking By-law Number LG-8 and amendments thereto; AND WHEREAS Section 72 of the Local Governance Act provides that a council may be appointed as a by-law enforcement officer for the local government and may determine their terms of office; NOW THEREFOR BE IT RESOLVED, that Justin Spieeht, is hereby appointed as by-law enforcement officer for the administration and enforcement of the Saintlohn Parking By-law which received first and second reading by Common Council on January 11, 2021 and third reading January 25, 2021, being enacted under the Local Governance Act, effective immediately, and this authorization shall continue until he ceases to be an employee of the Saint John Parking Commission or until rescinded by Common Council, whichever comes first. Yours truly, A Lit Marc Dionne General Manager Saint John Parking & Transit Commission 1n Floor City Hall, P.O. Box 1971, Saint John, NB, E2L 41 *Tel (506) 632 7275 *Email parking@saintjohn.ca 11 th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L 41-7 -Tel: (506) 632-7275 • E-mail: parking@saintjohn.ca 11 ieme stage, H6tel de Ville, C.P. 1971, Saint John, N.-B. E2L 40 -Tell: (506) 632-7275 • Courriel: parking@saintjohn.ca www.saint.ca/parking End ro ,Park ;it the old 0 Ih Hill Presentation to Common Council November 23, 2020 110 y0 r d'r ' 4 I L * # l .y Agenda: • Background and history • Trails, bridges and shelters • Vision for the project • 2020fundraisin andr9fults • Plans for 2021X?r-T JOHN • Plans for 2022 ' • Funding application • Potential for tourism • Recreation/destination/mental health 112 1 u years c steward: Building relationship J• 5 iih • yy * IJ4PW i t 'jA r -aim 1' fff 4� L •4 47y • • I I oil Kira 1, its Kiffe :4 :a r 0 [• 011010m9:40r: • ■ K9011111116 duoF 3roorai Q • airieu anI. �` trail a in 2n2n- N— _ �..ti r ��_. �• -. " `fit y �Yy,�`�� •:' ' jt � ii17-0 �`, .; t`• .:� -F',t � .� 1. ., - _, 4 ��� 1 ,: i�'•_ �.'.:� 1. - Lip' . � � �'`� _ �- . . _}+ Sw�. —. z is d i 6 ���'�� �� 2r''•�': � — `•� •+' �'ti —'�+. ,y .,�F �+ #tii� I' 'ko JIL .: 'fir ~ _ _ _ - . . 's � 1.1 �� v: x•+�i, � �- x� 5 Misicip shelter in Rockwood •1:4d1Ah w I � anc n rie i rail miners ave taken the ABA Sustainable rails course a fey mes and pray ie theory in ailwork. Am 119 & 21120 bridge re -build u• t �, r 4 A�, a h x d• ' -� e_ ��4�tp 'J � y` r w .:..�..' 'ems. J �`e Tliiy mod•.. :p r to 41 �Ca e Vision for the Enduro Park • Cluster of high quality mountain bike trails • Utilized the abandoned ski hill area and beyond • Designed and built by professional trail builders • Destination worthy / travel worthy 6 1 • Economic activity for the region I H N • Create trailside amenities to improve experience • Create zones to host,,regional and national events IM • Recreation / tourism / mental health 119 2020 Fundraising The Club was successful in raising the Poll phase 1 work: • $50,000 • Approximat owing funding for and for 2020 ely $67,700 of private funding raised from multiple sourceI j H v- $67,500 of funding from the Province of NB from the Trail Infrastructure Fund. • Therefor the $50k of initial seed money from the LPP grew into $185,200 of investment. from the City's LPP trust f 120 �^ u ..++ -. :� _i ..;1�'�"�'-,, :•.tip 11��,� '"�+'�'F•. ems_ =x ' a�3Ft ,r i 40 Am OIOINKIO 2020 results in the field • Trail #1 is almost complete • Bridge on Trail #1 is almost complete le Screw�Yilafoundation done for trailhead shelter4ej r ?1 • Trail #2 is, the springy ■ ill be fi Wished in 122 ■ I . � �+ � r � � - � �' � � � `� ' / , -• sir _ � �. � .- k �' � _I .• L; � � ;� y_- l ,may �: � /. 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LI Tmbar deck LI Tra'11head arch with signage and art sculpture ❑ LPP, Provincial and ACOA funding applications plus private donors. 128 Funding applications for 2021 government funds U Cmity's LPP trust fund, (Oct 2020) LI Provincial and LI ACOA funding applications. LITiming is tough'. LIMust raise matching funding in a hurry 129 Plan for 2022 (is ignage and artwork sculpture ❑ Trail #5 and Trail #6 ❑ Amenities like seating, tables, shelter for hosting events at the area of the old ski hill parking lot. ❑ LPP, Provincial and ACOA funding applications plus private donors. 130 '+ - S + 06L IN if. - •_ 1 + r■._ _ lb 1 L jqI ILip r� '' • _ 1 L• IL �■1 R ■ '- 9 �� .i �•• f % . • i 1 _ _ L L-h 3 - y JL 1 ■ �+ � r r L r i TT � � - ti 1 1- ' 1 IT 1• r *e ■ r� r'y 1 �+ L OF _ ' ` �� ire • • • A r r r ' r ♦ , ■T 7 7 r r � r r� � rL F # *, I ' 1 ' � r T F ram. ■ 1• ` _ 1 - r LL ■ris re T J ' + • r ' 7 1 IL _ r Ell 160 Ae.1 r _ b op. 2 Z _ " , ~may 1 ' L 1 •.-L R T -tr • r ti r 1 J. - y ,� 1 y. I!• 1 'L �7 1 dpr -ip or � , I i� r i f� + r ! t Tourism visitors is Mountain bikers will travel for high quality trails WRI-M- -M • Economi ctivity will happen 9 • Regional and national e1-vnts I MW aw AS Ad via I 132 Recreation healthy living is Recreation is quality trails are • Trails open for pandemic • Physical healtH NT J 0flN • Mental health / P I TS't • Never a fee to enter Ro rk mdow 133 hate bikes, so why do I care?. 1. Rockwood Park is currently a regional asset that is enjoyed by many people from Greater SJ Fredericton, Moncton, northern NB and way beyond. WWI MT 2. It has the destination potential that will OHN r a economic recovery ny eepwTW hotels, restaurants and pubs busie r. visitor Othe Covid bike shops 134 yr= � , — �� y ■ �i'L � L �-, �� i�L}_ AT � T� � # 4��� �- � - _�• �s}� r� �' - �} r i}F� -�.' � it ' l� � x' i _ -`� 1' =�Y4 F �+yY,� � � t + k ' .y ~ _'+i' F _ •'Y�+. •i 4A dp +ram:+ y ;�`u,�''' ,� =}• L:—' ;-+' } # } �: ��. ;•,�� �'� 4 `�4't ti4 %k T� } � iw -fir � '. i�F 4, _��'� F.�}•�}'.' +i. Att r r — 4 w J• -. z _ 7 .� � �.?yi � t � . -` I , � _ 7� 1. �,..� . � � , •: • 1. _ � •�_• t. � • �� •' � _ � • .-ter' r _ ,r � • � _ "- ____ALL 4 i� �. ti � 'L J f • �� — a � r �, •� • +R i _ �f �l �i.4 .. ,' � � ��� ryY � '� V ' �l ,•� � i'i ' y " � -� f L+' � r#,' ��. }, V ', ��r t �. 'a + JJ JJ' 'r' �_ r - fir_. 'f- „4 'y i• "y F• ,c �}. T`'; i 7e J.. _ - r ..}�{. L ! r+}'�T �' - Y,, '~� , 4 • Ifi�J�r� i-F •�ii�,+• f 16. a _}fir' 3 '��`„` ��� _ � ma's '�'+ _��� }�+��- � �r� r •t ��'���ti` X ' r� v PLANNING ADVISORY COMMITTEE January 6, 2021 The City of Saint John His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 144 Lansdowne Avenue On December 7, 2020, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 5, 2021 meeting. Staff provided a presentation overview of the proposal and recommendation. Dr. Apantaku described how the medical clinic would be ideally situated given its proximity to health services. He responded to concerns raised in two letters of correspondence regarding the sufficiency of on -site parking and potential overflow onto the street. He noted that the clinic will serve north end residents and anticipates approximately 50% of clients to arrive via foot or transit. He further noted that the clinic was working with adjacent properties to obtain additional on -site parking should it be needed. The Committee thanked the applicant for the additional information. The applicant responded to the following questions: - The clinic is intended to remain a single physician practice given the nature of the specialization in paediatric psychology. - There are to be no exterior changes to the building. - In response to whether the applicant had investigated parking across the street in Lansdowne, he noted the preference was first to approach the adjacent neighbour and avoid a street crossing. - Regarding the number of parking spaces, priority will be for clients and family members and additional staff such as residents may seek parking elsewhere. - The Committee encouraged the applicant to ensure patrons avoid on - street parking. Page 1 of 3 136 Dr. Tunde Apantaku 144 Lansdowne Ave January 6, 2021 Ms. Anne McShane, who had declared a conflict of interest, spoke as a member of the public. She noted that Lansdowne has gradually transitioned more to a commercial use. She encouraged that the parking situation be monitored closely. Some Committee members noted concern regarding what other types of business would be permitted through the Local Commercial zone in the future. Staff responded that the zoning was appropriate to the area; however, the Committee could provide additional limitations through a Section 59 condition tying it to the specific proposal. Other Committee members noted that there was no issue with the rezoning to Local Commercial. The Committee voted unanimously in favour of the staff recommendation. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID Number 55223416, from Low -Rise Residential (RL) to Local Commercial (CL). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID Number 55223416: a. The development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of building, driveway accesses, vehicle parking, landscaping, fencing, and other such site features; b. The proponent shall provide a fence between the parking area and the abutting lot to the east (PID # 00371039) in accordance with the standards set out in Section 5.3(a) of the Zoning By-law; and, c. The above site plan be attached to the permit application for the development of the parcel of land. Respectfully submitted, Alex Weaver Crawford Chair Page 2 of 3 137 Dr. Tunde Apantaku 144 Lansdowne Ave January 6, 2021 Attachments 1 — Staff Report dated December 15, 2020 2 — Staff Presentation 3 — Correspondence Page 3 of 3 138 The City of Saint John Date: December 15, 2020 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 5, 2021 SUBJECT Applicant: Dr. Tunde Apantaku Professional Corp. Landowner: Kevin and Rachel Friars Location: 144 Lansdowne Avenue PID: 55223416 Plan Designation: Stable Residential Existing Zoning: Low -Rise Residential (RL) Proposed Zoning: Local Commercial (CL) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, January 11, 2021. Page 1 of 5 139 Dr. Tunde Apantaku 144 Lansdowne Ave December 15, 2020 EXECUTIVE SUMMARY The rezoning from Low -Rise Residential (RL) to Local Commercial (CL) will permit a medical clinic on the periphery of the Lansdowne Place Mixed Use Centre and Portland Place neighbourhood. The clinic should make a positive contribution to the neighbourhood by evolving the types of permitted uses but maintaining a residential character. The rezoning will enable the establishment of a medical clinic that provides community health and counseling services. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID Number 55223416, from Low -Rise Residential (RL) to Local Commercial (CL). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID Number 55223416: a. The development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of building, driveway accesses, vehicle parking, landscaping, fencing, and other such site features; b. The proponent shall provide a fence between the parking area and the abutting lot to the east (PID # 00371039) in accordance with the standards set out in Section 5.3(a) of the Zoning By-law; and The above site plan be attached to the permit application for the development of the parcel of land. DECISION HISTORY There is no applicable decision history for the property ANALYSIS Proposal The proposal (Submission 1-2) is to rezone property located at 144 Lansdowne Avenue from Low -Rise Residential (RL) to Local Commercial (CL) to enable the conversion of a former single family dwelling into a medical clinic. Dr. Tunde Apantaku Psychiatry Clinic provides community mental health, psychotherapy/counseling, and psychiatry care services for children, youth and families. The clinic would have three staff and accommodate no more than three families at a time. The hours of operation are 10 a.m. to 6 p.m. A wheel chair ramp will be added to the front of the building for accessibility. The garage at the rear is to be demolished to allow for a parking Page 2 of 5 140 Dr. Tunde Apantaku 144 Lansdowne Ave December 15, 2020 area. There will be no major renovations to the property. The location is important to the clinic because the majority of clients may be located within the North End area. The clinic would also be conveniently located near the Saint John Regional Hospital. Site and Neighbourhood The property is 583 square metres in area and is located at the corner of Lansdowne Avenue and Teck Street in the City's North End. The property contains a house and garage and is typical of the Wartime housing development found throughout Portland Place. Teck Street is a dead end street. It contains two other residences, a food preparation hall, and an office -building complex. The property is directly adjacent to a two -unit home located on Teck Street and church located on Lansdowne Avenue. The property is situated on the edge of the Portland Place neighbourhood and Lansdowne commercial area, which contains a range of strip malls and large format commercial establishments. There is a significant cluster of properties zoned General Commercial (CG) nearby the property (Map 2), with the center of the Portland Place neighbourhood located further to the north. Municipal Plan and Rezoning The property is located on the periphery of the Lansdowne Place Mixed Use Centre and the Stable Residential neighbourhood of Portland Place. As an intensification area, the Plan directs Lansdowne Place as appropriate for mixed commercial and medium to higher density residential development. The property is designated Stable Residential under Schedule B of the Municipal Plan. These lands are characterized by a range of housing types and other compatible uses. Policy LU-87 states that Council intends Stable Residential areas to evolve over time but that new and redeveloped land uses are to reinforce the predominant community character and make a positive contribution to the neighbourhood. The Municipal Plan can accommodate the proposal given its proximity to Lansdowne Place. Furthermore, with minimal renovations proposed to the exterior of the building, the medical clinic will retain the residential character of the neighbourhood. Staff have provided a full review of Municipal Plan policy in Attachment 2. Staff are proposing that the Local Commercial (CL) zone would be most appropriate for the proposal for the following reasons: - The property is located within a Stable Residential neighbourhood, which is intended to evolve over time. - The proposal reuses an existing residence and lot that are of a similar scale to the surrounding neighbourhood; - The proposal is located on the fringe of Lansdowne Place, much of which is zoned General Commercial (CG); and, - The clinic will primarily serve the surrounding North End neighbourhoods. Zoning By-law and Variances The proposal is in keeping with the Zoning By-law requirements of the Local Commercial (CL) zone. Given the location of the property within an intensification area, the By-law requires 4 parking stalls to be provided on -site. The applicant is proposing to locate these stalls in the rear yard, without alteration to the front yard. Whereas the Zoning By-law requires any parking lot to be located at least 3 metres from an adjacent property line, the proposal is located 2.9 metres Page 3of5 141 Dr. Tunde Apantaku 144 Lansdowne Ave December 15, 2020 and may require a variance. This variance is minor and can be supported at the staff level should the rezoning be successful. Infrastructure Development has reviewed the parking configuration and no traffic study is required. A Section 59 condition is recommended to provide a fence to screen the parking area from the abutting residence. Section 5.3(a) of the Zoning By-law requires fencing and ordinarily applies to parking areas with five stalls or more. The applicant has committed to providing an appropriate fence to create this visual screen even though the parking area only contains four stalls. This screening requirement is a reasonable request for the site given the variance and close proximity of the parking lot to abutting residence. Conclusion For the reasons discussed in this report, the proposal can be accommodated by the Municipal Plan and Zoning By-law. The rezoning from Low -Rise Residential (RL) to Local Commercial (CL) will permit a medical clinic on the periphery of the Lansdowne Place Mixed Use Centre and Portland Place neighbourhood. As the neighbourhood continues to evolve, the rezoning will continue to permit a dwelling in addition to a range of small-scale commercial uses. ALTERNATIVES AND OTHER CONSIDERATIONS Staff are not proposing any alternatives. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 3, 2020. The rezoning was posted on the City of Saint John website on November 12, 2020. The regularly scheduled Committee meeting was postponed and on November 30, 2020, the public hearing was cancelled. On December 18, 2020, landowners were re -notified of the new meeting dates and the rezoning was re -advertised on the City of Saint John website. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Andrew Reid, MCIP, RPP Mark Reade, P.Eng., MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid@saintjohn.ca Application: 20-216 APPENDIX Map 1: Site Location Map 2: Future Land Use Page 4 of 5 142 Dr. Tunde Apantaku 144 Lansdowne Ave December 15, 2020 Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Submission 2: Floor Plan Page 5 of 5 143 r z Q U) w o E 0 j m V ISART ST Q r 0 m r D Z p TECK ST SEARS ST O Z m PJ �J 10 4, o� F Map 1 - Site Location The City ct Saint John o. 144 Date: October 22, 20� 144 Lansdowne Avenue Mixed Use Map 2 -Future Land Use V ISART ST 145 TECK ST Q Lu FY rr U Stable Residential 10 Q r o 0 m The City of Saint John Date: November 4, 144 Lansdowne Avenue s VETERANS CT > Y m 2 U cc Z U CHEVRON CT z Q w Cn � C) Z U m VISART ST SEARS ST D Z N v 0 z m -------------- ----- (CFN) Neighbourhood Community Facility (RL) Low -Rise Residential (CG) General Commercial (RM) Mid -Rise Residential (P) Park (R1) One -Unit Residential (R2) Two -Unit Residential Map 3 - Zoning 144 Lansdowne Avenue 146 a PJ CG c 411 z w 4'T00 Z c o � All ` i * Section 59 Conditions The City of Saint John Date: November 5, 2020 ,e eA . OFF .A ►j ii) V o w `-j l , 21 rm 15� 17 rr�i! CT SEARS ST . i. lr, Map 4 - Aerial Photography 147 144 Lansdowne Avenue r The City of Saint John Date: October 7, 2020 The City of Saint John Date: November 5, 'e * Attachment 2 — Municipal Plan Policy Review Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, a. The proposal adheres to the City Structure policies and intent of the Municipal Plan and the and Land Use Goals of the Municipal Plan. requirements of all City bylaws; The proposal will make efficient use of an existing residence in the North End, adding b. The proposal is not premature or inappropriate by to the mixture of uses in the reason of: Lansdowne/Portland Place area to provide i. Financial inability of the City to absorb costs clinical services to clientele in the area. related to development and ensure efficient b. The proposal adapts an existing building. delivery of services, as determined through Policy Services are available to the site and the I-7 and I-8; 1- proposal will be required to meet all storm The adequacy of central wastewater or water drainage measures. The proposal is located services and storm drainage measures; on a transit route. There are no nearby iii. Adequacy or proximity of school, recreation or designated heritage buildings. other community facilities; iv. Adequacy of road networks leading to or c• The use is a desirable one for the reasons adjacent to the development; and discussed in this report. Appropriate v. Potential for negative impacts to designated controls have been placed on the parking heritage buildings or areas. area in the form of a screening c. Appropriate controls are placed on any proposed requirement. development where necessary to reduce any d. The proposal is a suitable development site conflict with adjacent land uses by reason of: and makes use of a building which has sat i. Type of use; vacant for over two years. ii. Height, bulk or appearance and lot coverage of any proposed building; e. Not applicable —No phasing is involved. iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; f. Any renovations to the building are iv. Parking; required in accordance with the National v. Open storage; Building Code. vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e. The proposal satisfies the terms and conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary public health and safety considerations. 149 Attachment 2 — Municipal Plan Policy Review Policy LU-88 Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following requirements: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. Policy CS -2 Ensure the City Structure map (Schedule A) supports and is consistent with the Future Land Use map (Schedule B) which guides growth and development in the City. Changes to the City Structure map (Schedule A) may only be considered in conjunction with appropriate changes to the Future Land Use map (Schedule B). In the event of a conflict between the City Structure map (Schedule A) and the Future Land Use map (Schedule B), the Future Land Use map (Schedule B) shall prevail. The proposal would expand the commercial mixed -use centre of Lansdowne Place incrementally with the rezoning of the property to Local Commercial. The medical clinic will provide convenient services and contribute positively to the neighbourhood through the reuse of a residential building. b. Commercially zoned land uses surround the proposal to the south and southwest. Staff recommend the Local Commercial (CL) zone to ensure compatibility with the adjacent Portland Place neighbourhood to the north. c. The proposal is ideally situated for necessary services and community facilities, including the Regional Hospital. d. The proposal's final site plan is required to meet all access and landscaping requirements as well as stormwater management requirements before issuance of a building permit. e. Not applicable —The proposal will make use of an existing building. f. Not applicable —The proposal is a redevelopment of a single family home. The City Structure Map (Schedule A) was developed more generally to provide the groundwork to establish the more detailed Future Land Use Map (Schedule B). While the subject property resides within the Lansdowne Place Intensification Area on Schedule A, it is clearly marked Stable Residential in Schedule B. According to Policy CS-2, the latter is the categorization that prevails. This is supported by the small-scale residential context north of Teck Street and the Stable Residential Future Land Use has been adhered to for the purposes of staff's analysis. In all, the proximity to Lansdowne Place is supportive of the change towards the local commercial zone. 150 t • i Fbot...pri .,(9.gmx9.4m 93sqm M Bldg 1 Extg,-BldgFoot rin �WAIIove ith � Parking -. ,. - Ib owl 8 16"" CDI - jF ------- - ------------- --- - - ---- - - - - - --- 1 ------------------------- - - - ---------- - c - 1 2 3 _ 4W i 1 , + 1 I I ' ■ ''I'l"''I'll'"'I'll'll""I'll"''I'll'',''I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I It Extg Idg[2. L 33 O 4 A [33.9m] M - r- - ---------- - - - -- 3 . m Id 1 s ,ram 4 iL T or ML 151 Bldg Footprint: (9.gmx9.4m) ~ 93sqm I W-F&I I -- Parking Allowed With n 152 131-411 111_011 131-411 91-011 241_3 %11 [4.1 m] [3.4m] [4.1 m] [2.7m] [7.4m] .VO Ib 0 p 04 �M oN �z "J CO M v 1 O O Cfl O V` 21_811 [�1 ` \ E CP N ✓ u O O� Gj, 41_711 41.911 [1.4m] [1.4m] N o O.C` O lq-O n- o 1 lx O� ti 31-011 p` C.� [0.9m] O Cj O _0 91_ 4 ��� M E _� C'7 O . N —�—� [2.8m] ,(� J` M F------------- -- - --1 �('� \` � u STAIR M M u c STAIR R I I I I I I I I I I I 61-411 41_511 61_711 12'-4" 10'-0" , [1.9m] [1.3m] [2.0m] [3.8m] [3.0m] Second F Basement First 153 From: Staal, Kent (SD/DS) To: Reid. Andy (Planning) Subject: FW: Rezoning 144 Lansdowne Ave Date: January 4, 2021 11:47:50 AM Attachments: imaae001.onno imaae002.pnna Scanned from a Lexmark Multifunction Prod uctll-09-2020-160332.odf Re -submitting this as we recently received an updated letter to the re -zoning hearing for 144 Lansdowne Ave. Kent Staal Program Delivery Manager/ Gestionnaire de la Livraison du Programme (Acting) Region 2/ Region 2 Social Development/Developpement social Phone / Telephone : 506-658-6611 Fax / T61ecopieur : 506-658-5171 E-mail / Courriel : Kent. Staal2&gnb.ca www.gnb.ca signature 8 From: Staal, Kent (SD/DS) Sent: Wednesday, November 18, 2020 1:02 PM To:'andy.reid@saintjohn.ca' <andy.reid@saintjohn.ca> Subject: Rezoning 144 Lansdowne Ave As a neighbor(25 Beaverbrook Ave, backing on Tech St) of the proposed property to be considered rezoning of Lansdowne/Teck, we have some concerns of traffic and parking associated with changing to a Low-rise Commercial land use. Teck St is a small cul de sac that is fairly narrow and a priority 4 for City of Saint John for snow removal. We hire a private snow removal company and typically our lot is plowed early after significant snowfall and because street parking is limited or nonexistent, our lot becomes an invitation for others to park in it. While we do see provisions in this plan for 4 parking spaces in the lot I ask is that sufficient for the type of commercial enterprise that will operate out of this lot. That would our only comment for this re -zoning deliberation. Kent Staal Program Delivery Manager/ Gestionnaire de la Livraison du Programme (Acting) Region 2/ Region 2 Social Development/Developpement social Phone / T616phone : 506-658-6611 Fax / T616copieur : 506-658-5171 154 E-mail / Courriel : Kent.Staal2&g nb.ca www.gnb.ca signature 8: 155 N'= IN BRUNSWICK HOLIc'-'.NG CORD NOV 0 6 2020 November 3, 2020 Dear Property Owner: Subject: Rezoning Application 144 Lansdowne Avenue The Planning Advisory Committee has received the above application from Dr. Tunde Apantaku Psychiatry Clinic to rezone property located at 144 Lansdowne Avenue from Low -Rise Residential (RL) to Local Commercial (CL) to permit a medical clinic. The Committee is interested in hearing the views of neighbouring property owners who might be affected by this proposal. If you wish to express your views, either in favour of or against the application, you can do so by submitting your comments by email or letter. You may also wish to attend the Committee's meeting on Tuesday, November 17, 2020. The meeting will be held at 5:00 p.m. via web conference. For more details, please contact me at the email address or phone number below. Comments can be sent by email at OneStop@saintjohn.ca. Signed letters can be sent to the Planning Advisory Committee c/o City of Saint John, Growth & Community Services, P.O. Box 1971, Saint John, NB, E2L 4L1. Comments should be received on or before the Monday preceding the meeting. All submissions will be available to the Committee, the applicant, and anyone who may have an interest in the application. The Committee's recommendation will be considered at a public hearing to be held by Common Council on Monday, December 7, 2020, at 5:30 p.m. in the Council Chamber, with the option for electronic participation. You may make additional representation at the public hearing. Any letters received by the Committee will be forwarded to Council. For more information on how to participate in the public hearing, please email commonclerk@saintjohn.ca. If you have any questions, or would like a copy of the report, available between 4:00 p.m. and 4:30 p.m. on Friday, November 13, 2020, or between 8:30 a.m. and 4:30 p.m. on the regular business days thereafter, please contact me at (505) 658-4447 or by email at Andy. Reid @sai ntjohn. ca. Sincerely, P.O. Box 1971 C.P. 1971 Saint John, NB i Saint John, N.-B. Canada E21-41-1 Canada EA 40 SAINT JOHN Page 1 of 2 www. 2 i5tlohn.ta 4 novembre 2020 Cher propristaire fancier, Objet : Demande de modification de I'arretd de nonage 144, avenue Lansdowne Le Comitd consultatif d'urbanisme a requ la demande ci-dessus de la clinique de psychiatrie ❑r Tunde Apantaku pour rezoner la propriste situee au 144, avenue Lansdowne, de la Zone Immeubles d'habitation bas (RL) au Zone commercials locale (CL) pour permettre une clinique medicale. Le Comitd souhaite entendre les points de vue des proprietaires fonciers voisins qui pourraient titre touches par cette proposition. Si vows souhaitez exprimer votre opinion, que ce soit en faveur ou contre la demande, vous pouvez le faire en soumettant vos commentaires par courriel ou par lettre. Vous pouvez sgalement assister a la reunion du Comitd le mardi 17 novembre 2020. La reunion aura lieu a 18 heures, par conference Web. Pour plus de details, veuillez me contacter a I'adresse courriel ou au numero de telephone ci-dessous. Vos commentaires peuvent titre envoyds par courriel a OneStop@saintjohn.ca, et des lettres signees peuvent titre envoydes au Comitd consultatif d'urbanisme als de [a Ville de Saint John, Service de la croissance et du dsveloppement communautaire, C.P. 1971, Saint John (N.-B.) E21- 41-1. Les commentaires doivent titre regus au plus tard le lundi precddant la reunion. Toutes les soumissions seront disponibles pour le Comitd, le demandeur et toute personne qui pourrait avoir un intdret daps la demande. La recommandation du Comitd sera examinee lors d'une audience publique qui sera organisee par le Conseil communal le lundi 7 decembre 2020 a 18 h 30, dans la salle du Conseil avec la possibilite de participation d distance. Vous pouvez formuler des observations supplementaires lors de I'audience publique, mais toute lettre reque par le Comitd sera transmise au Conseil. Pour de plus amples renseignements sur la maniere de participer a I'audience publique, veuillez envoyer un courriel a I'adresse commonclerk@saintjohn.ca. Si vows avez des questions, ou si vows souhaitez obtenir un exemplaire du rapport, qui pourra titre consults entre 16 h et 16 h 30 le vendredi 13 novembre 2020 ou entre 3 h 30 et 16 h 30 les jours ouvrables reguliers qui suivent, ou si vous avez besoin de services en frangais pour la ��--p P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada ER 41-1 Canada E2L 4L1 SAINT JOHN page 1 de 2 wwuvyinrt hn.ca of 0 LANSOOINNF- AV N a Q k � 1• 158 ' �w C S Q Q Q C CAI to yy Q CD..C7 - Q U (D N i i = i Q. C C c L ALet— co Dt� r �E cm m CD • �. x w I I Ramp E ¢ CY 0 c� u. O7 CF1 i "0 m CQ x x li! ,vz• E P-OMI rn �_0 -• m c 3 L ❑ _CL V a ❑ CF1 0 L �_ nco November 15, 2020 By Email: OneStop@saintjohn.ca Planning Advisory Committee c/o City of Saint John Growth & Community Services P.O. Box 1971 Saint John, NB E2L 4L1 Re: Rezoning Application - 144 Lansdowne Avenue With respect to the rezoning application for 144 Lansdowne Avenue, although we have no particular issue with the proposed rezoning to Local Commercial to permit a medical clinic, we do have comments with respect to the effect of increased vehicle traffic and parking. The proposal for four parking spaces on the premises is unlikely to be sufficient to provide for physician and staff parking as well as patient parking. On street parking is inevitable. Patients will, of course, arrive before their scheduled appointment times and without available space will park on Teck Street as there is no parking permitted on Lansdowne Avenue. The building on the opposite corner of Lansdowne Avenue and Teck Street appears to be a rental building and presently several cars associated with that building are parking on Teck Street. During winter months Teck Street can, with a buildup of snow and cars parking on the street, become narrow creating difficulty for vehicles that are travelling on the street to the other residences. Snow plows and emergency vehicles have difficulty proceeding to the top of the street. Any permitted business in this particular location should be obligated to provide adequate parking to suit its business needs without interfering with the neighbours. Furthermore, off street parking adjacent to residential property should be suitably screened. Yours truly, Robert L. Boyce, AANB 160 From: Reade, Mark To: Reid. Andy (Plannina) Cc: Crawford, Barb; Burgess, Aimee Subject: FW: 144 Lansdowne Ave Date: November 10, 2020 11:07:59 AM FYI Mark Reade, P.Eng., MCIP, RPP Senior Planner / Urbaniste Principal --------------------------------- Growth & Community Services / Croissance et services communautaires I0th Floor, City Hall City of Saint John P.O. Box 1971 Saint John, NB E2L 4L I Reception: (506) 658-291 1 Direct Tel: (506) 721-0736 Facsimile: (506) 658-2837 E-Mail: mark. read e(cDsaintjohn.ca From: onestop <onestop@saintjohn.ca> Sent: November 10, 2020 11:02 AM To: Crawford, Barb <barb.crawford@saintjohn.ca>; Reade, Mark <mark.reade@saintjohn.ca>; Burgess, Aimee <Aimee.Burgess@saintjohn.ca> Subject: FW: 144 Lansdowne Ave Paula Hawkins One Stop Development Shop Growth and Community Services Saint John, NB E21_4L1 (506)658-2911 Daula.hawkins(@saintiohn.ca onestopPsaintiohn.ca From: Pat Richie <pritchie1000(@gmail.com> Sent: November 5, 2020 5:24 PM To: onestop <onestop(@saintiohn.ca> Subject: 144 Lansdowne Ave In regards to the notice I received concerning the property located at 144 Lansdowne Ave. I have absolutely no concerns regarding the rezoning of this property from residential to Local Commercial to permit a medical clinic. 161 Regards Patricia L. Ritchie 4 Currie Ave Saint John NB E2K 3A6 162 A _J ll ag* A 7 1 �' LI t_ V- I 144 Lansdowne Avenue Growth and Community Services 163 Common Council January 11, 2021 lr SAINT JOHN Bldg Footprint: (9.9mx9.4m) - 93sgm Parking Allowed With Extg Bldg Footprint: 4 --- - - -- - --- --- ------ I � 'tom o0 9 2 3 4 YIZ r r Extg Bldg I jz.9mj � r I I I--i - - -----------------------tip•-�•�-------------- � �------- [a3.9-1 .L zv �r ■� ��. s Y � A d*A R �M z U1 0 0 Z V 1� rGrK ST SEARS ST �.t V+ Site & Neighbourhood 1, 1 CO, _r ohm ir d- r r id ANON, IQ - -_ ah • yF �.- r 1� ♦ 1► f - - r Ylif+ •_ fix' 1�;: . Y" .• _ �.: .. i Ave r �# j- '• - •vG ansdowne and Portland plac�neig hbourhoo Site &Neighbourhood Lansdowne Ave and Teck Street 11 F Site & Neighbourhood 4 _ �g . r. _ yN�9j- s ._ - ►M.'' i� 'd1 ±}.. Teak. Street Site &Neighbourhood Teck Street It its Teck. Street Site & Neighbourhood I Lansdowne Ave C SEARS ST VISA tT ST Stable Resl el O VETERANS CT > �i co 2 u 2 Cl z m D CHEVRON CT C VISART ST Off TECK 5T SEARS ST D Z v 0 m C m �u m PJ v� Rezoning r ;'� -- ocal Commercial (CL) Zone Variance �, �..� --�_• � ;wry FEW, -- Parking Area to property line 4 rd G C - - - - - - — - - - -- I 1 2 3 4 wl [33.9rni of � i 176 1 I I [z.smj - r Q i' L ini propo ed, whereas 3m required Engagement Letters sent to all property owners within 100 metres of the subject property on November 4, 2020 and renotified on December 18t" The public notice posted on the City's website on November 12, 2020 and reposted on December 18t" . Three emails received from public, one in support, two with comments regarding parking. No members of public in attendance at PAC. The Committee unanimously approved. PAC Recommendation 1. Common Council rezone property from Low -Rise Residential (RL) to Local Commercial (CL) 2. Common Council impose Section 59 conditions that a fence be installed to screen the parking area from neighbor. Staff Recommendation 1. Common Council rezone property from Low -Rise Residential (RL) to Local Commercial (CL) 2. Common Council impose Section 59 conditions that a fence be installed to screen the parking area from neighbor. 4 b G C - - - - - - - - - - 1 2 3 4 Extg Bldg [9.4m] ,I wl [33.9m] 31 i i --------- ------ ---- ---- -,,i- ------- - - -- -- -- - - ; I 9' 71' [2.9m[ r we Develo k � l:,c=" At i1,141 , z i ;r "1,9V4,I�r oEuv ment Shop ' t" fir r� I SA f I onest(� @saint'ohn.ca Phone: 656-291 i Fax 632-6199 General APPOCatioll Fam GROWTH & COMMUNITY DEVELOPMENT SERVICE!. CITY OF SAINT JOH!\ LOCATION CIVICADDRESS : 1144 Lansdowne Ave, Saint Jahn, E2K 3A4 PID #: N HERITAGE AREA: Y j N INTENSIFICATION AREA; Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: V / N APPLICAT ON It. DATE RECEIVED: H RECEIVED BY: APPLICANT EMAIL PHONE Dr. Tunde Apantaku Professional Corp. tunde.apantaku-olajide@gnb.ca 506-343-1811 z O MAILING ADDRESS POSTAL CODE a 34 Colchester Drive, Quispamsis NB, E2E 5C5 CONTRACTOR EMAIL PHONE O u Z MAILING ADDRESS POSTAL CODE OWNER EMAIL PHONE a Kevin & Rachel Friars J� S 5�' �33 /` MAILING ADDRESS POSTAL CODE 7 3c k,4 e 5U,SS-e-y AL- 3 PRESENT USE: RESIDENTIAL PROPOSED USE: DOCTORS' MEDICAL OFFICE BUILDING PLANNING INFRASTRUCTURE -HERITAGE aINTERIOR RENOVAT,ON NEW CONSTRUCTION VARIANCE EISTRD � EXCAVATION HERITAGE DEVELOPMENT Q F1 EXTER -OR RENOVATION (]ACCESSORYBLDG []PIANNINGLETTER [:]DRIVEWAY CULVERT HERITAGE SIGN �ADDITrON POOL EIPACAPPLICATION DRAINAGE �HERITAGEINFILL Q DECK DEMOLITION �COUNCILAPP WATER & SEWERAGE HERITAGE DEMO iJ aCHANGCOFUSE SIGN SUBDIVISION OTHER OTHER u OMI NI MUM STANDARDS OTHER OTHER W Dr. Tunde A antaku Psychiatry Clinic is operatin2 in Saint John area since 2012, providing community 0 mental health, psychotherapy/counseling, and psychiatry care services for children, youth and families. c o As ' reduces-traveli inconvqnience for our clients in viewh 12 development services, YMCA facility, and Saint John Regional Hospital. a WheM Uhalr ramp and a car -parking lUt are desirable addillurIS tar customer UU11VU111(d[ILAis. F1I consent to the City cf Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. Cenered C'nperdrru Straentenr Nris rrrl+rnxrnan it henrg cadkcicd in nrderfnr he ( tR of Saint Abu rn ikhrer art emirin}; prngrrran u n'rw.. the cwlicairm is lnrrited In thw which rs nece.+san' x, deliver dre pragrarn sen'ice- 1$rlrss requind In do so, he Ant. the ('ih rf Saorr Jwlxr snll no slwre twat perswra! inhrraianrwr rrth arts, drinllkiny srrdkrru mur r.rprvss emacear The legal arrrlx,rr{rJrr cnlle+wsg thrs uIf rratanun is to he funk! in the ,khonicipallitex art urkl dre Right w h4wararnwa aril Prwa•cnon of Prenky Aa. 1•'ar farrdx•r trf,rmariwa wr g1tewirws m¢arrhaq dr.• crdlravxw of pNsrxw! rnfrunraix",r. ldeace rrntlart are aecYss rC Privacy ('irr hall 8u7durg anrt.h dw, rin l=:! ll:X ,',.,rota wckr r ,annn,hn r,r r;rirr 45x.2F ov 1, the undersigned, hereby apply for the permit(s) or opprovat(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied tar peimit(s) or approvat(sf. I agree to comply with the plans, specifications and further agree to comply with aA relevant City By -lows and conditions imposed. Dr. Tunde Apantaku-Ola•id Appliicont Name coo�rl Applicant Signature N September 24, 202 Date 181 em"&. CoUPOIAPURCROB .0 &-ma She .P GROWTH & COMMUNTTY DEVELOPMENT SERVICES L%r.xm =Wam bq*-Ulwlv� CITY OF SAINT JOHN Land W PLOD PUM05" Release SwVkxFew$= Section 39 Amendment Service raw 32M JJAO% RIA Non -Conforming Use Senfi= Fee. SM Zoning Sow Amendment Serve Wee-4200 ❑ Ea dadm 801*ba 801.108 Fern M DZoning By-hwAmwwvnentwIth a Munidpal Plan Amendment Service Fee: $3M0 As of the daft offt alokaw. ),the undersigned, am ON mgWared awwr of the land dwaW In Mb-81300600n Or the auDwrized vgwd#ww4 and I have examined the contents of this appkadon and hereby am* OW the Warmotion submitted with the appftflon is correct Insofar as[ have knowledge of these fk(ft, and I 1`16FObY 8U#K*'&the OPPUcard 10 Fspmsw Ibis maw and to provide s7ed �Ial Infanneft thatwill be necessary for this OPOIC610n. t r 9"r Ilf- Regiatersd 0 nt Arnal Regifted Own 44&w4kr" 2- 0 Data v D* The Motmation cmdehied in Oft appkabn and any documentation. Including plans, dw**W. MOM 80 sbx11e5. provided In support of this appFcWon will become part of the public record 182 F, ■�k �. � . . k @ � _ A-M.-Mow 6P19 6pq E co sv CL s Lr) E --'� i CM N L � O . N S= CD ¢ X W m_ E N o43) Q lei c' c co r IwdEl _ �w6'EI .0191 i /G' s s �m 'tad, — IN., { I r� m PROPOSED ZONING BY-LAW AMENDMENT RE: 144 LANSDOWNE AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held in the Council Chamber at City Hall with a remote participation option on Monday, January 11, 2020, at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID No. 55223416, from Low -Rise Residential (RL) to Local Commercial (CL), as illustrated below. F,1 0 TF REASON FOR CHANGE: PROJET DE MODIFICATION L'ARRETE DE ZONAGE OBJET : 144, AVENUE LANSDOWNE Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de la ville de Saint John, Tors de la reunion ordinaire qui se tiendra dans la salle du conseil, a I'hotel de ville avec la possibilite de participation a distance, le lundi 11 janvier 2020 a 18 h 30 : Rezonage d'une parcelle de terrain d'une superficie d'environ 583 metres carres, situee au 144, avenue Lansdowne, egalement identifie comme NID 55223416, de zone residentielle — immeubles d'habitation de hauteur moyenne (RL) a zone commerciale locale (CL), comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: To permit a medical clinic. Pour autoriser une clinique medicale. 187 For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent etre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 HE BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111-X Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Rezoning a parcel of land having an area of approximately 583 square metres, located at 144 Lansdowne Avenue, also identified as PID No. 55223416, from Low -Rise Residential (RL) to Local Commercial (CL). - 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 X day of X, A.D. 2021 and signed by: Mayor/Maire ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : Rezonage d'une parcelle de terrain d'une superficie d'environ 583 metres carres, situee au 144, avenue Lansdowne, egalement identifie comme NID 55223416, de zone residentielle — immeubles d'habitation de hauteur moyenne (RL) a zone commerciale locale (CL). - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X PLANNING ADVISORY COMMITTEE January 6, 2021 The City of Saint ]ohn His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 19 Paddock Street On December 7, 2020, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 5, 2021 meeting. Staff provided an overview of the proposal and responded to a number of questions from the Committee: - The text amendment to the Mixed Commercial zone is intended to remove a building design requirement that dwelling units shall not share a hallway with the commercial use. The proposal will still need to meet all Building Code requirements, which means upgrades to the fire rating of doors to the business and dwelling units. This amendment was on staff's housekeeping list and is being brought forward at this time to facilitate the proposal. Regarding criteria for evaluating mixed use proposals such as this within a residential neighbourhood, the Municipal Plan provides criteria through LU-48. The proposal is capable of meeting this criteria as it is located on an arterial street, transit route, the ground floor is devoted to a commercial use, and the residential units are generally located on the upper floors. Any future mixed use rezoning proposal would have to meet this criteria. Staff confirmed that the zoning would require at least one residential unit remain on the property and it could not be used strictly for commercial use. Section 59 conditions have been drafted to ensure commercial units within the CM zone are compatible. - Regarding Active Ground Floor Use requirements created with the Central Peninsula Secondary Plan, as per Schedule I of the Zoning By - Page 1 of 3 190 Resonance Advisors Inc. 19 Paddock Street January 6, 2021 law, the proposal is not listed on the map and does not apply to the proposal; although, active ground floor uses are encouraged along Waterloo Street. - In response to whether the owners will occupy the property, staff responded that they would. Resonance Inc. currently leases property on Hazen Street and have purchased the property on Paddock Street to run their business. Alyson Townsend and Trisha Perry, the applicants, and principals of the law firm, described the proposal. The primary focus is conflict resolution in workplaces. They noted that there would be no change to the physical appearance of the building or exterior signage. They also noted there were other instances of mixed uses on the street, including a gallery, in addition to the commercial uses closer to Waterloo Street. The Committee expressed a mixture of views on the rezoning, with some noting concern for the precedent it may set within an established residential street and others agreeing that the character of the street and its street type make it appropriate for mixed use proposals, although the removal of residential units is to be discouraged. In response to whether the property could be converted back entirely to dwelling units without a rezoning, staff confirmed that it could be. The Committee voted unanimously in favour of the staff recommendation. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID Number 00015974, from Urban Centre Residential (RC) to Mixed Commercial (CM). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID Number 00015974: a. That the use of the lot be limited to the following uses as defined by the Zoning By-law: • Artist or Craftperson Studio; • Bed and Breakfast, subject to section 9.2 • Business office, subject to paragraph 11.8(2)(b); • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.8(2)(b); Page 2 of 3 191 Resonance Advisors Inc. 19 Paddock Street January 6, 2021 • Financial Service; • Garden Suite, subject to section 9.8; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; • Place of Worship; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • The existing use described in Schedule E: Exceptions, of each lot respectively identified therein as being located in the CM zone. 3. That Common Council adopt the attached by-law amendment entitled "By-law Number C.P. 111-XX, A Law to Amend the Zoning By-law of The City of Saint John." Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 3 of 3 192 The City of Saint John Date: December 15, 2020 To: Planning Advisory Committee From: Growth and Community Services Meeting: January 5, 2021 SUBJECT Applicant: Resonance Advisors Inc. Landowner: Resonance Advisors Inc. Location: 19 Paddock Street PID: 00015974 Plan Designation: Medium to High Density Residential Existing Zoning: Urban Centre Residential (RC) Proposed Zoning: Mixed Commercial (CM) Application Type: Rezoning and Text Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, January 11, 2021. Page 1 of 6 193 Resonance Advisors Inc. 19 Paddock Street December 15, 2020 EXECUTIVE SUMMARY The rezoning from Urban Centre Residential (RC) to Mixed Commercial (CM) will permit a mixed -use proposal that establishes a business office and maintains two dwelling units at 19 Paddock Street. Staff are supportive of the rezoning, which is in accordance with the Municipal Plan. Staff are also proposing a text amendment to the Mixed Commercial (CM) zone, which staff had previously identified as a housekeeping amendment. The amendment will provide greater flexibility with building design requirements where warranted. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID Number 00015974, from Urban Centre Residential (RC) to Mixed Commercial (CM). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID Number 00015974: a. That the use of the lot be limited to the following uses as defined by the Zoning By-law: • Artist or Craftperson Studio; • Bed and Breakfast, subject to section 9.2 • Business office, subject to paragraph 11.8(2)(b); • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.8(2)(b); • Financial Service; • Garden Suite, subject to section 9.8; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; • Place of Worship; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • The existing use described in Schedule E: Exceptions, of each lot respectively identified therein as being located in the CM zone. 3. That Common Council adopt the attached by-law amendment entitled "By-law Number C.P. 111-XX, A Law to Amend the Zoning By-law of The City of Saint John." DECISION HISTORY Page 2of6 194 Resonance Advisors Inc. 19 Paddock Street December 15, 2020 No applicable decisions. ANALYSIS Proposal The proposal is to rezone property located at 19 Paddock Street from Urban Centre Residential (RC) to Mixed Commercial (CM) to permit a mixed -use proposal. Resonance Advisory Inc. are a workplace service focused on governance, conflict resolution, workplace investigation and training. The applicant proposes to occupy floors two and three of the building while maintaining one dwelling unit in the basement and one dwelling unit on the third floor/attic. The applicant anticipates little foot traffic from clients given the nature of the business and its focus on meeting clients at their work place. There are four parking spaces available on site. The applicant proposes to use two for employees and two for tenants, making use of off-street parking in the area to satisfy additional parking needs. The Zoning By-law requires five stalls provided on -site and a variance will be required to reduce parking requirements by one. The applicants are planning to undertake cosmetic improvements to the interior of the building only and the proposal should not result in changes to the exterior. In addition to the rezoning, staff are proposing a text amendment to the Zoning By-law in the Mixed Commercial (CM) Zone to repeal a requirement that prevents dwelling units sharing an entrance with a commercial use. This amendment serves both the proposal and future situations where flexibility is warranted. Site and Neighbourhood The property consists of a converted dwelling containing four units. The building is two and a half storeys with a tower, having a minimal front yard and on -site parking in the rear. The building is in excellent condition and appears to be of the late 19' century era, with many of its architectural elements intact. Entrances to floors 1-3 are provided through a foyer accessed by the main entrance off Paddock Street, with secondary entrances in the rear yard. The basement unit is accessed through the side yard. Paddock Street is a largely residential street, with commercial uses located towards the Waterloo Street intersection, zoned Mixed Commercial (CM). There is plenty of off-street parking available in the neighbourhood. Other uses along Paddock Street include a laundromat and business office. The Waterloo Village neighbourhood is overall a compact, mixed -use neighbourhood that contains a variety of residential, community and commercial uses. Municipal Plan and Secondary Plan Schedule B of the Municipal Plan designates the property Medium to High Density Residential. This designation permits a range of housing types with an emphasis on higher density forms; however, other compatible uses are permitted without amendment to the Plan. Much of Waterloo Village falls under this designation. The proposal meets all criteria set out in Policy LU-48 of the Plan to consider proposals to establish mixed -use development in the Medium to High Density designation: Page 3of6 195 Resonance Advisors Inc. 19 Paddock Street December 15, 2020 Policy LU-48 Comment a) The property is located on a collector or arterial Paddock Street is identified as an arterial street street as illustrated on the Transportation map on Schedule C — Transportation. (Schedule C) of the Municipal Plan or is consistent with mixed -use development as described in a Secondary Plan; b) The property is located in close proximity to a The property is currently located on a transit public transit route and is easily accessible by a route and is easily accessible through different range of transportation modes; transportation modes. c) The ground floor frontage of buildings facing The ground floor frontage will be occupied by collector and arterial streets is generally the business office, which falls under the devoted to retail and commercial uses; and definition of a commercial use under the Zoning By-law. d) Residential development is generally located on The location of the dwelling units are capable of the upper floors of buildings. meeting the requirements of the Mixed Commercial (CM) zone, with one unit in the attic and one unit in the basement. The Central Peninsula Secondary Plan provides general guidance with respect to the proposal. The Secondary Plan targets overall population and business growth. Within the Plan, Waterloo Village is identified as a complete community with potential locations for new infill. The choice of the Mixed Commercial (CM) zone will ensure that the proposal retains at least one dwelling unit. A full evaluation of Municipal Plan policy is provided in Attachment 2. Zoning By-law The proposal would allow the site to be rezoned to the Mixed Commercial (CM) zone. This zone accommodates smaller scale, mixed -use development. To ensure compatibility of uses, a Section 59 condition is proposed that limits future commercial uses. The Mixed Commercial (CM) zone permits commercial uses based on conditions outlined in 11.8(2)(a) and (c). The proposal is capable of meeting these conditions, which include ensuring the business is on the ground floor, limiting the gross floor area of office space to no more than 3,000 square metres, and only permitting commercial uses to be extended above the ground floor when a dwelling unit remains in the building. The Mixed Commercial (CM) zone permits dwelling units based on conditions outlined in subsection 11.8(2)(b). The proposal is capable of meeting these requirements, with one exception: Conditions of Use for Dwelling Units (CM) Zone 11.8(2)(b) Comment (i) A dwelling unit shall not be located below the second While the proposal includes a unit in the storey of the building basement, this subsection does not apply given the property's adjacency to residentially -zoned properties described in part (iv). Page 4 of 6 196 Resonance Advisors Inc. 19 Paddock Street December 15, 2020 (ii) A dwelling unit shall have its main access from inside the building at ground level Again, the basement unit is not capable of meeting this requirement as its entrance is located outside the building; however, this subsection does not apply. (iii) A dwelling unit shall not share an internal hallway or The one dwelling unit in the attic is not entrance with any commercial use in the building; and capable of meeting this requirement because the entrance to the attic unit shares a foyer and main entrance with the business office. (iv) Notwithstanding (i) and (ii), a dwelling unit may be located below the second storey and the main access may be directly from outside the building at ground level when the building is located within 30 metres of a residential zone. Zoning By-law Text Amendment Staff propose a text amendment to the Zoning By-law to repeal subparagraph 11.8(2)(b)(iii). Before the proposal coming forward, the Mixed Commercial (CM) Zone was identified on Growth and Community Service's list of housekeeping amendments for the Zoning By-law. The Mixed Commercial (CM) zone consists of properties located in Waterloo Village, the South End, and areas along Adelaide Street. With the implementation of the Central Peninsula Secondary Plan, this same condition of use requirement has already been removed from the Uptown area through amendments to the Uptown Commercial (CU) zone. This requirement is found in seven other zones and can re-examined more broadly through future housekeeping amendments. The purpose of subparagraph 11.8(2)(b)(iii) is to ensure buildings are designed to avoid the mixing of tenants with the employees and patrons of business. From a planning perspective, the mixing of foot traffic in this case is not a concern for the following reasons: - The mixing of uses is limited and reasonable. The sharing of an entrance/internal hallway is limited to one unit and the unit has a second entrance at the rear of the building, which could also be used as the primary entrance; Flexibility is desirable in terms of building design for existing buildings; and National Building Code requirements overlap with this requirement. Building Inspection has reviewed the proposal and with upgrades, the shared foyer can meet National Building Code requirements without any safety concern. Variances Section 4.2 requires six parking stalls be provided on -site but since the property is located within an Intensification Area, this requirement is reduced by 80% to five stalls. A variance will be required at the building permit stage to endorse four on -site parking stalls, whereas the By-law requires five. This variance can be contemplated on the grounds of the availability of nearby offstreet parking and the fact that little client foot traffic is anticipated. Page 5 of 6 197 Resonance Advisors Inc. 19 Paddock Street December 15, 2020 Conclusion The proposal represents a change in land use that meets the intent of the Municipal Plan and requirements of the Zoning By-law. The proposed text amendment to the Mixed Commercial (CM) zone will allow dwelling units and commercial uses to share an entrance or internal hallway where it is reasonable to do. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 4, 2020. The rezoning was posted on the City of Saint John website on November 12, 2020. The regularly scheduled Committee meeting was postponed and on November 30, 2020, the public hearing was cancelled. On December 18, 2020, landowners were re -notified of the new meeting dates and the rezoning was re -advertised on the City of Saint John website. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Andrew Reid, MCIP, RPP Mark Reade, P.Eng., MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid@saintjohn.ca Application: 20-214 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Zoning By-law Amendment Submission 1: Floor Plan (2"d floor) Page 6 of 6 198 19 0 J� c9�o 0 FZ S� SEwEv�- S1 ,oFT FRS ST Map 1 - Site Location 19 Paddock Street Pq0OOCks CO)A. T O h� The City of Saint John 199 Date: October 23, 20� Commercial Corridor SOMERSET ST Medium to Hinr'Density Residential 000 Primary 6 Centre Mixed Use 4 Centre F! oA sDI, POL SEwE`` S-� pFTF\ (CFM) Major Community Facility (P) Park (CFN) Neighbourhood Community Facility (RC) Urban Centre Residential (CG) General Commercial (CM) Mixed Commercial (CU) Uptown Commercial Map 3 - Zoning 19 Paddock Street 201 Ell i-Mrl CM !C-!FNJ * Section 59 Conditions The City of Saint John Date: November 5, 2020 Its W4 '/ �� ,ti tom. '�. /. , .•�t' `. .:i 15 tr: 7 1/ 19 rsr 014 Map 4 - Aerial Photography 202 19 Paddock Street The City of Saint John Date: October 7, 2020 Attachment 1: Site Photography 19 Paddock Street The City of Saint John Date: November 5, 'e * Attachment 2 — Municipal Plan Policy Review Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, a. The proposal adheres to the City Structure policies and intent of the Municipal Plan and the and Land Use Goals of the Municipal Plan, requirements of all City bylaws; in addition to the policies set out to establish Mixed Use development. b. The proposal is not premature or inappropriate by b. The proposal adapts an existing building. reason of: i. Financial inability of the City to absorb costs Services are available to the site. The related to development and ensure efficient proposal is located on a transit route. delivery of services, as determined through Policy There are no nearby designated heritage 1-7 and 1-8; buildings. ii. The adequacy of central wastewater or water c. The use is a desirable one for the reasons services and storm drainage measures; discussed in this report. Traffic generation iii. Adequacy or proximity of school, recreation or is anticipated to be low. While a parking other community facilities; variance is required to reduce on -site iv. Adequacy of road networks leading to or parking requirements from five to four, adjacent to the development; and there is ample off street parking on v. Potential for negative impacts to designated Paddock Street. heritage buildings or areas. c. Appropriate controls are placed on any proposed d. The proposal is a suitable development site development where necessary to reduce any and makes use of an existing building. conflict with adjacent land uses by reason of: e. Not applicable —No phasing is involved. i. Type of use; ii. Height, bulk or appearance and lot coverage of f. Any renovations to the building are any proposed building; required in accordance with the National iii. Traffic generation, vehicular, pedestrian, Building Code. Building Code review will bicycle or transit access to and from the site; include entrancing and exiting to ensure all iv. Parking; safety standards can be met. v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e. The proposal satisfies the terms and conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary public health and safety considerations. M BY-LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. III- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit: The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: Amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID No. 00015974, from Urban Centre Residential (RC) to Mixed Commercial (CM). 2. Repealing subparagraph 11.8(2)(b)(iii). - 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. 2020 and signed by: Mayor/Maire La modification de 1'annexe <<A», Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 380 metres carres, situee au 19, rue Paddock, et portant une partie de NID 00015974 de Zone residentielle du centre-ville (RC) a Zone commerciale mixte (CM). 2. Le paragraph 11.8(2)(b)(iii) est abroge. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 205 71 4, 4.? 114% to �11 4�1 mg i CIA From: onestop To: Reid, Andy (Planning); Reade, Mark; Burgess, Aimee; Crawford, Barb Cc: onestop Subject: FW: Rezoning - 19 Paddock Street - feedback Date: November 12, 2020 8:48:29 AM Paula Hawkins One Stop Development Shop Growth and Community Services Saint John, NB E21_4L1 (506)658-2911 oaula.hawkins(@saintiohn.ca on estop(@saintjohn.ca From: Trevor Gaal <egaal@live.ca> Sent: November 11, 2020 11:43 AM To: onestop <onestop@saintjohn.ca> Cc: Nick Skalkos <nick.skalkos@gmail.com> Subject: Rezoning - 19 Paddock Street - feedback Hello Planning Advisory Committee, I am a co-owner of 26-30 Cliff Street, which shares a back yard with 19 Paddock. In regards to the proposed rezoning of 19 Paddock St from RC to CM, I am in favour of this change. A concern would only arise if the business operating from this location were to be objectionable in nature. I'm 100% in favour of a professional office or similar business operating here. I realize this may be another matter from the zoning change, but I would recommend that there be clauses that restrict certain types of businesses in this location that would interfere with the quiet enjoyment or our tenants in their apartments. Sincerely, Trevor Gaal Co -Owner 26-30 Cliff Street 902-579-7522 207 q�qlvww.W- ft"I-I "Oft -*;g Growth and Community Services �' �MOWN now 19 Paddock Street W: Common Council January 11, 2021 QATKI-r r"tT., 2 SAINT JOHN a - r., 41 yjob. Ahm am• �F f -_ pA rS ` PAD i'7 ZA&h, Site & Neighbourhood � � .' -- { "� �".+. - � � Pad ock. /J/.•�,r ,:. }�,�� rY� � �.��. �.:�: ` +.— z.. f -== - Paddock Street ' r zr ! Site & Neighbourhood / l L w. :wr do a ri R�q Paddock Street Site &Neighbourhood 1711 1A Paddock Street uu Site & Neighbourhood qj �aa �� •:� .: � Uri W 4��� Padc*ck Street Site & Neighbourhood 4 i �o 71 5- -� �-. _-_ � _�lr///PPP•.. 19 Paddock Street cdm Corridor MEW�sEr sr Municipal Plan 'o Fty • arl Medium to High Density Residential Designation Mixed Jj, sr #6 % SSW ALL S� Rezoning ��•��_ �-'..� DES JW T Mixed Commercial (CM) Zone On -site parking for dwelling units retained As M J A., fit 'tm t, Nearby off-street parking is available for additional employee parking. Client traffic is anticipated to be low SAINT JOHN "A dwelling unit shall not share an internal hallway or entrance with any commercial use in the building" - Building design requirements are regulated by National Building Code. - Proposal can safely meet with upgrades. - Housekeeping amendment consistent with update to adjacent CU zone in the Uptown where flexibility is desirable with existing buildings. SAINT JOHN Engagement Letters sent to all property owners within 100 metres of the subject property on November 4, 2020 and renotified on December 18t" The public notice posted on the City's website on November 12, 2020 and reposted on December 18t" . One email received from public in support. No members of public in attendance at PAC. The Committee unanimously approved. PAC Recommendation 1.Common Council rezone property from Urban Centre Resiedntial (RC) to Mixed Commercial (CM) 2. Common Council impose Section 59 conditions limiting the uses to those compatible. 3. Common Council adopt housekeeping text amendment to the (CM) zone to increase flexibility of building design requirements consistent with (CU) zone. Staff Recommendation 1.Common Council rezone property from Urban Centre Resiedntial (RC) to Mixed Commercial (CM) 2. Common Council impose Section 59 conditions limiting the uses to those compatible. 3. Common Council adopt housekeeping text amendment to the (CM) zone to increase flexibility of building design requirements consistent with (CU) zone. 224 — gevolop � ent Shop&LAtiti[NcBCIL)ii\4 INIRAtiCRI lii RI-1 ones @n.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : 19 Paddock Street Saint John E2L 3A5 PID # : 100015974 LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N LL APPLICATION #: DATE RECEIVED: 'n RECEIVED BY: APPLICANT EMAI L PHONE Resonance Inc. tperry@resonanceinc.ca (506)607-0059 z O MAILING ADDRESS POSTAL CODE 50 Hazen Street Saint John E2L 31-1 ccCONTRACTOR EMAIL PHONE O rL Z — F MAI LING ADDRESS POSTAL CODE Z Q J OWNER EMAIL PHONE a Stephen Edward Baker and Susan Anne Baker (506)658-1127 MAILING ADDRESS POSTAL CODE Gandy Law Office 77 Golden Grove Rd, Saint John, NB E2H 1W6 PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE Q�■ INTERIOR RENOVATION 0 NEW CONSTRUCTION ❑ VARIANCE ❑ STREET EXCAVATION ❑ HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAYCULVERT ❑ HERITAGE SIGN ❑ADDITION ❑POOL NPACAPPLICATION ❑DRAINAGE ❑HERITAGEiNFILL Q ❑ DECK ❑ DEMOLITION ❑ COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y CHANGEOF USE ❑ SIGN ❑ SUBDIVISION ❑ OTHER ❑ OTHER U ❑ MINIMUM STANDARDS ❑OTHER ❑OTHER W See Appendix "A" 0 Z Q ]G 0 O CL f2 U u� 0 ❑■ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This irfrrtnanan rs herng collected in under for the Cur (f kirnt _John to deliver an eresting progrotn x'en'ice, the coffectron is !unite(j to that which rx necessary' it)deliver the prognrm .serrice. I rntess required to do sa hr lmr, the Cirr of Saint Jninr will not share roar personal irrfrrniarinrrsvuh atm thinlluirry srithorrr tour express consent. The legal antharih for collecting tlus rtrforniatiou rx if) he foutui in the Ahancipolines Act and dre Righl to information aril Protectron of Privacr- Act. Fbr./arther hiformation or questions regarding the collection of personal oforuratior, please contact the Access R Prrracv Officer. 0ty ldcdl Burhhng Nih Poor - iS Alorker Square Saint John, 1V8 F'21, iFS commauclerk�sainrlaJut. ea (506) 658-2862 ,rcgw�rsrer 'Yln ..l A 1, the undersigned, hereby apply for the permits) or approvoi(s), indicated above for the work described on plans. submissrons and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permir(s) or opprovolis). I agree to comply with the plans - specifications and further agree to comply with all relevant City By-laws and conditions imposed. "By submitting a complete permit application, the applicant grants permission to City inspectors to enter the land, building or premises at all reasonable times for the purposes of conducting inspection(s) associated with the permit.,, 225 Applicant Signature Date Appendix "A" September 23, 2020 One Stop Development Shop Application for Zoning By -Law Amendment RE: PID: 00015974 Civic Address: 19 Paddock Street, Saint John, New Brunswick E21- 3A5 ("Property") To whom it may concern: We, Resonance Inc., are the future owners of the above noted property (effective October 1, 2020) and are requesting its current zoning designation as Urban Centre Residential be amended to mixed Commercial/Residential. This application is supported by the current owners of the Property, Stephen Edward Baker and Susan Anne Baker. About Resonance Resonance is a multidisciplinary workplace service boutique focused solely on governance, conflict resolution, workplace investigation and training. Some of the pertinent information about our business is as follows: • the founding partners and principles are Alyson Townsend and Trisha Perry, both of whom are licensed lawyers; • the company employs 4 people in total, including the founders; • the company has been in operation for 3.5 years and currently leases commercial space at 50 Hazen Street, Saint John; • given that our work focuses solely on workplaces, we experience very little foot traffic in our physical office space and spend much of our time at client sites. Additional information can be found on our website at: &AAMg.rWcgoyisors,ca. MM 1M l� The Property is 4 stories (including a basement), each floor of which contains a residential apartment. See photos attached. Three of the four apartments are currently leased on a month -to -month basis (basement, Floor 2 and Floor 3). Floor 1 will be vacant as of October 1, 2020. The basement apartment has an entrance on the side of the building. Entrance to the apartments on Floors 1, 2 and 3 is through the main entrance located street front. The Property has 4 parking spaces in the rear of the building. 226 227 A414G PROPOSED ZONING BY-LAW AMENDMENT RE: 19 PADDOCK STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held in the Council Chamber at City Hall with a remote participation option on Monday, January 11, 2020, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID No. 00015974, from Urban Centre Residential (RC) to Mixed Commercial (CM), as illustrated below. 2. Adopting a text amendment to the Mixed Commercial (CM) zone to provide greater flexibility in building design. 8 �02 34 7 15 17 19 23 10 2 25 27 �Dp S t ' 4 .24 p 35I39 PROJET DE MODIFICATION L'ARRETE DE ZONAGE OBJET : 19, RUE PADDOCK Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de la ville de Saint John, Tors de la reunion ordinaire qui se tiendra dans la salle du conseil, a I'hotel de ville avec la possibilite de participation a distance, le lundi 11 janvier 2020 a 18 h 30 : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 380 metres carres, situee au 19, rue Paddock, egalement identifie comme NID 00015974, de zone residentielle du centre-ville (RC) a zone commerciale mixte (CM), comme le montre la carte ci-dessous. 2. Adopter un amendement au texte de la zone commerciale mixte (CM) pour offrir une plus grande flexibility dans la conception des batiments. 228 REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit a mixed use proposal consisting of a Permettre une proposition a usage mixte business office and dwelling units. comprenant un bureau d'affaires et des logements. For details on how to participate in the Pour savoir comment participer a I'audition Public Hearing, to inspect the amendment, publique, inspecter la modification ou de or to register to participate, please contact vous inscrire pour participer, veuillez the Office of the Common Clerk at communiquer avec le bureau du greffier CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent etre consultees en ligne A https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 229 BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-X Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Rezoning a parcel of land having an area of approximately 380 square metres, located at 19 Paddock Street, also identified as PID No. 00015974, from Urban Centre Residential (RC) to Mixed Commercial (CM); - 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 X day of X, A.D. 2021 and signed by: Mayor/Maire ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : Rezonage d'une parcelle de terrain d'une superficie d'environ 380 metres carres, situee au 19, rue Paddock, egalement identifie comme NID 00015974, de zone residentielle du centre-ville (RC) a zone commerciale mixte (CM); - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 230 PLANNING ADVISORY COMMITTEE January 6, 2021 The City of Saint John His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Application 154 Waterloo Street On December 7, 2020, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 5, 2021 meeting. Staff provided a presentation of the proposal. Mary Saulnier-Taylor, Executive Director of the Coverdale Centre for Women provided additional information on the proposal, outlining the search for the current property and how it represents an ideal location for the Centre. The Committee questioned whether there is any concern that discharging the existing Section 39 condition would usher in any inappropriate uses. Staff responded that the existing condition applied to a former retail proposal when the property was rezoned in 2000. Since that time, it has again been rezoned to residential as part of the ZoneSJ project. The proposal to create an emergency shelter is permitted as -of -right and there are no concerns. The Committee voted in support of staff's recommendation. RECOMMENDATION: That Common Council pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the resolution adopted on June 19, 2000 imposed on the rezoning of a parcel of land located at 152-154 Waterloo Street (NBGIC Number 13631) and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended). Page 1 of 2 231 Coverdale Centre for Women 154 Waterloo Street January 6, 2021 Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 2 of 2 232 The City of Saint John Date: December 15, 2020 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 5, 2021 SUBJECT Applicant: Coverdale Centre for Women Inc. Landowner: Gisele Pelletier -Baker Location: 154 Waterloo Street PID: 00013631 Plan Designation: Medium to High Density Residential Existing Zoning: Urban Centre Residential (RC) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Common Council will consider the Committee recommendation at a public hearing on Monday, January 11, 2021. EXECUTIVE SUMMARY The application is to discharge an existing Section 39 condition imposed in 2000 that limits nonresidential use of 154 Waterloo Street to a specific retail proposal. The purpose in Page 1 of 4 233 Coverdale Centre for Women Inc. 154 Waterloo Street December 15, 2020 discharging the condition is to allow the establishment of a ten -bed emergency shelter for women operated by the Coverdale Centre for Women Inc. Staff are supportive of the proposed use. The proposal meets the intention of the Municipal Plan and Zoning By-law. The use is permitted within the current zone and no rezoning is required. RECOMMENDATION That Common Council pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the resolution adopted on June 19, 2000 imposed on the rezoning of a parcel of land located at 152-154 Waterloo Street (NBGIC Number 13631) and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended). DECISION HISTORY On June 19, 2000, Common Council rezoned the property from Multiple Residential Infill (RMIF) to General Business (B-2) and adopted a condition limiting the non-residential use of the property to a 500 square foot retail store specializing in coins, collectibles and jewellery. With the adoption of the new Zoning By-law in 2014, the property was rezoned to Urban Centre Residential (RC). ANALYSIS Proposal The proposal is to establish an emergency shelter at 154 Waterloo Street to provide overnight accommodation for ten women. The Coverdale Centre for Women Inc. has operated an emergency shelter since 2007 and over the past year has been searching for a new and permanent location that is capable of satisfying Public Health requirements while meeting a growing demand. The ordinary hours of operation are 4 p.m. to 8 p.m.; however, during the pandemic the organization has been operating 24 hours a day on a temporary basis. The property at 154 Waterloo Street is in good condition and well equipped to meet the needs of the organization with 5 bedrooms. Site and Neighbourhood The subject property contains a two -storey residence with an attached garage and lot, capable of providing two on -site parking spaces. The property is adjacent to two community facility uses: the Outflow men's shelter (former Waterloo Street Baptist Church) and Coverdale Drop -in Centre. Aside from this, the east side of the block primarily consists of older residential buildings containing multiple dwelling units. The west side of the street contains the Cathedral complex. Waterloo Street has seen steady neighbourhood change over the past decades with the demolition of older buildings and new infill development such as the Cathedral Lane condominiums. Buildings in the neighbourhood have minimal front yard setbacks and most lack on -site parking, though there are also a number of large surface parking lots in the area. The Waterloo Village neighbourhood is home to an array of social services. Page 2 of 4 234 Coverdale Centre for Women Inc. 154 Waterloo Street December 15, 2020 Municipal Plan The property is designated Medium to High Density Residential on Schedule B of the City's Municipal Plan, which seeks to provide a range of housing types emphasizing higher density housing forms. Other compatible uses may be permitted in these areas, including community facilities, without amendment to the Municipal Plan. The proposal is supported by Policy HS-17 of the Municipal Plan, which states that Council shall: "Encourage the provision of housing for people with special needs, including senior citizens, group homes and shelters, to integrate into appropriate residential areas of the City, in close proximity to major transit routes, community facilities and needed services." The Coverdale Centre for Women provides an invaluable service to vulnerable citizens. The location is in close proximity to transit and many of the goods and services offered by the Central Peninsula. In addition, the Waterloo Village neighbourhood provides a range of social services including assessment, skills development, employment and training, housing and advocacy, and other community and family services. Zoning The property is zoned Urban Centre Residential (RC). The Urban Centre Residential (RC) zone accommodates a wide range of serviced urban residential development within Intensification Areas. The residential portion of Waterloo Street is predominantly zoned Urban Centre Residential (RC). The proposed emergency shelter is permitted within this zone as a "crisis care facility," subject to conditions. A crisis care facility is defined as "an establishment that provides short-term accommodation to a person in crisis requiring immediate lodging and may involve 24-hour supervision and personal support service." The proposal is capable of meeting all conditions in Section 10.1(2)(a) as highlighted below. A Crisis Care Facility, Day Care Centre, Rooming House, or Supportive Facility permitted in subsection 10.1(1) shall be subject to the following: (i) The lot shall only contain one of these land The proposal is exclusive to a crisis care facility. uses, and shall be at least 60 metres away Staff analyzed properties within 60 metres of the from another lot in the RC zone that also property also zoned Urban Centre Residential contains one of these above uses; and (RC) and determined that this buffer from other uses is capable of being maintained. (ii) In the case of a Crisis Care Facility, Rooming The proposal is to accommodate ten residents. House, or Supportive Facility, the establishment shall be limited to a maximum of 18 residents. The proposal is limited to ten residents. While the Zoning By-law permits a maximum of 18 residents, there are additional National Building Code requirements that would need to be met should the establishment exceed ten residents beyond what is currently contemplated. The proponent has discussed these requirements with Building Inspection. Page 3 of 4 235 Coverdale Centre for Women Inc. 154 Waterloo Street December 15, 2020 In terms of other Zoning By-law requirements, the By-law requires one parking stall per employee. With two employees anticipated at a time, the proposal is capable of meeting this requirement with one stall in the garage and one in the rear yard. The applicant has indicated that they have secured additional off -site parking for employees through the Cathedral complex, should it be required. Conclusion The Coverdale Centre for Women provides an invaluable service through their operations and the proposal is supported by the Municipal Plan and Zoning By-law. Although the proposal is permitted under the zoning, the existing Section 39 condition on title is prohibitive of establishing the use and must be discharged before the proposal is permitted. ALTERNATIVES AND OTHER CONSIDERATIONS None were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on November 4, 2020. The advertisement was posted on the City of Saint John website on November 12, 2020. The regularly scheduled Committee meeting was postponed and on November 30, 2020, the public hearing was cancelled. On December 18, 2020, landowners were re -notified of the new meeting dates and the rezoning was re -advertised on the City of Saint John website. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Andrew Reid, MCIP, RPP Mark Reade, P.Eng., MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid@saintjohn.ca Application: 20-196 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Existing Section 39 condition Submission 1: Floor Plan Page 4 of 4 236 1- GO 44/ i�, 09 J Map 1 - Site Location 154 Waterloo Street 237 0) J The City of Saint John Date: October 23, 20� Map 2 - Future Land Use The City of Saint John o 238 Date: November 5, 154 Waterloo Street 0 50 m a�- QQ- m� ��W (CFM) Major Community Facility (P) Park (CFN) Neighbourhood Community Facility (RC) Urban Centre Residential (CG) General Commercial (RH) High -Rise Residential (CL) Local Commercial (CM) Mixed Commercial Map 3 - Zoning 154 Waterloo Street 239 i 1 J 0 If r CG RC V4 z m m PAUL HARRIS ST * Section 59 Conditions The City of Saint John Date: November 5, 2020 154 41t 8 146 r 1 / i Map 4 - Aerial Photography 240 154 Waterloo Street r �► Ef The City of Saint John Date: October 6, 2020 Attachment 1: Site Photography 154 Waterloo Street The City of Saint John Date: November 5, 'e* Attachment 2 - Existing Section 39 condition M, "RESOLVED that the by-law entitled, "By-law Number C.P. 100-532 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re- zoning a parcel of land located at 152-154 Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple Residential Infill to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be subject to a condition limiting the non-residential use of the property to an approximately 500 square foot retail store specializing in coins, collectibles and jewellery." 242 /5At j.4A C Wv V%!WZ4/ t—twxn9r w/fri/ ry r� ebIni'r3' _ _�1 4- w� 5 243 ,9,A Fly kcaj 244 From: onestoi) To: Reid, Andy (Planning); Crawford, Barb; Burgess, Aimee; Reade, Mark Cc: onestoo Subject: FW: Section 59 Application Date: November 12, 2020 8:45:24 AM Paula Hawkins One Stop Development Shop Growth and Community Services Saint John, NB E2L 4L1 (506)658-2911 Daula.hawkins(@saintiohn.ca on estop(@saintjohn.ca From: zia trot <ziatrol@gmail.com> Sent: November 12, 2020 8:00 AM To: onestop <onestop@saintjohn.ca> Subject: Section 59 Application Hello Andrew Reid, Thank you for your letter regarding Section 59 Application / 154 Waterloo Street. Please consider this email response as my vote against the application. Regards, 245 L1tROW To the Saint John Planning Advisory Committee: I am writing on behalf of Outflow Ministry Inc. to express support for Coverdale Centre for Women in their accusation of the property at 154 Waterloo Street and their relocation of their emergency women's shelter to this location. I have known and worked closely with Coverdale since 2014. In this time, I have witnessed how crucial they are to the well being of our city. Their work has shown homeless women kindness and respect time and time again, meaning they provide direct and meaningful support to vulnerable citizens of Saint John. The level of professionalism they bring to their work means that Coverdale will serve its clients while also ensuring that neighbours in the area are respected. I strongly encourage the committee to approve this rezoning request. Sincerely, Anthony . Dickinson Director of Shelter and Housing, Outflow Ministry Inc. 506-8&11" inFo@-zutR-rani tom 462 ftWrLOOSt. WWW.DUtAowsa.00rn 5eintJohn, NOEZL3A1 246 A _J ll ag* A .�� 1,1.• r 7 154 Waterloo Street Common Council January 11, 2021 Growth and Community Services 247 lr SAINT JOHN ,g^4 Fly heucQ �s OL' dwd 2 lr SAINT JOHN if1 154 ti 148 146 24 Site & Neighbourhood 7�0� Ali i � `•• .•' � "tea.' #17v r. dr 1Naterloa St r r Waterloo Street neighbourhood- Site & Neighbourhood .� Ilk _ iluV - -- F Waterloo Street Site & Neighbourhood r -� Waterloo Stree Site & Neighbourhood IV Waterloo Street F, - -==r=_ Commercial Corridor Commercial Municipal Plan Business Centre Medium to High Density Residential Medium to High Density Residential Designation JOE' w%.w Mixed Use ri rmq STEPH v EL� {%f Z NDN m CFN PAUL HARRIS ST Engagement Letters sent to all property owners within 100 metres of the subject property on November 4, 2020 and renotified on December 18t" The public notice posted on the City's website on November 12, 2020 and reposted on December 18t" . Two emails received from public, one in support, one in opposition. No members of public in attendance at PAC. The Committee unanimously approved. PAC Recommendation 1. Common Council discharge the existing Section 39 condition that limits the non-residential use of the property. Staff Recommendation 1. Common Council discharge the existing Section 39 condition that limits the non-residential use of the property. 15 ?,,� 10 J7r'eer1` a-- `r'lr7 NL, S 260 In Devel- pilent Shop 0 PLANNING Bill' DING INIRASTRUCTCRI: $ATNlJOHN onestoafelsaintiohn.co Phone: 658-291 1 Fax: b32-3199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN IACATIUN avicADDRFSS: 154 Waterloo St. Saint John, NB Pip#: 00013631 HERITAGE AREA. Y / N INTENSIFICATION AREA: Y / N FLOOD RUSK AREA Y / N APPROVED GRADING PLAN: Y / N LL APPUCATION#: DATE RECEIVED: RECEIVED BY: APPLICANT EMAIL PHONE Coverdale Centre for Women Inc. mary@coverdalecenterforwomen.ca 506 634 0840 Z 0 MAILING ADDRESS POSTAL CODE a 148 Waterloo St. Saint John, NB E21- 3R1 CONTRACTOR EMAIL PHONE s Z MAILINGADDRESS POSTAL CODE Q U 3 OWNER EMAIL PHONE a Gisele Pelletier -Baker mgbaker@rogers.com MAI U NG ADDRESS POSTAL CODE 154 Waterloo St, Saint John NB E21- 3R1 PRESENT USE: RC With conditions PROPOSED USE: CFN >, BUILDING PLANNING INFRASTRUCTURE HERITAGE Q�IMERIORREMOVATION [—]NEW CONSTRUCTION ❑VARIANCE ❑STREETEKCAVATION HERITAGEOEVELOPMENT 11EKTERIORRENOvA710N C]ACCESSORYBLDG ❑PLANNINGLETTER [—]DRIVEWAYCULVERT HERITAGE SIGN ADDITION POOL OPACAPPLICATION DDRAiNAGE 13HERITAGEINFILL Q DECK DEMOLITION 000UNCILAPPWATER&SEWERAGE HERITAGE DEMO Id ©CHANGEOFUSE SIGN BOTHER SUBDIVISION OTHER OTHER OMINIMUMSTANDARDS OTHER Please see attachment 0 z Y 0 3 a 1211 consent to the City of Saint John sending to me commercial electronic massages, from time to time, regarding City inrdathres and incentives. Gneral Co4wdaR&4warewa Mrinformalloa it being collared in ardor far the City of Selat JoAn to deli wr m C+wf g progn— /tervkr: Me cclkefim it lbnkrd to 0A0 -hi,* it neewudry w deftw Me pogrom / svrvke Uden repM to do m by law, Me C(ry ofSaim John wdl nor,Aare yaw pe tomd LV% niution *4 any sk" parry wdk w year a pten roam Tire lrga! aatAariryfor coRavbig MFr i o—olon it to be foatad Ar Mr Umidpollilet Act aad ike R4At to laformadon and Pmiealoa of Almey Ad. Fardiriher Nformadon or giaett1ow regards g the coga iwr a/povanal Arformation, pleare omW the Auras & Privacy fir: Ory Hall Baildba BM plaa-1 S Marka I Sgaarr Sain!loAR, NB ESL iE8 p yp'9A.m (506) 658.2862 vraar r it :I, the ars mnW*d, hereby oppty for iM permNis) or opprovdfsl• Wkafed obove for Hw work described on pkm submhsiorn and rams hemw0h sabmftd. This appicaBon includes astefevmtdoeunsenfCftn necessvy for the Opp"d for pernWX of appovoi(sf. 1 09" to exmpy hdIh fM PICM speclicahons and further oarm to compel with all relevant Ciy Bylaws and conditions Imposed. Mary Saulnier-Taylor Appic IN 2 0-09- Date 261 General Application Form — Description of Work, September 15, 2020 Coverdale Centre for Women Coverdale Centre for Women Inc. is a registered non-profit that has been serving women and families in the Saint John Community since 1976. our main mission and mandate is to work with the community to create a safe environment with empowering opportunities for women of all ages. Through the provision of providing housing for a 10-bed Emergency Shelter, Transitional and our Halfway House as well as programs, food security and supports offered at our prop In Centre located at 148 Waterloo Street, Saint John, NB. Like many agencies we were challenged with changes due to the COVID-19 Pandemic. Our current Women's Emergency Shelter located @ 10 Culloden Court, Saint John, NB that we have operated since 2007 no longer has the space for physical distancing to keep both staff and clients safe and well. We have been uprooted two times during the past couple of months while we secure a space that would be appropriate and conducive to follow required regulations and guidelines as set out by Public Health. We work with marginalized complex women each and every day and find ourselves now to a degree homeless ourselves. Our city has seen a growing demand in women accessing shelter services and with the current uncertainly around COVID-19 we need to ASAP have a new shelter permanent location. After much seeking and meeting many criteria's on our long checklist for the right fit we have found the best location to meet our clients' needs directly next door to our Drop In Centre. Property a self- contained home located at 154 Waterloo Street. This building provides the space and location that assists us in continuing to provide the best services and quality of care for the vulnerable population we serve. It has 5 large bedrooms, several washrooms, rooms to keep social/physical distancing guidelines as well as an approved area for self -Isolation if needed. Which leads to our intention of applying for a change in the zoning of this property and removal of conditions. The property needs to be rezoned to Neighborhood Community Facility CFN} from the current Urban Centre Residential (RC) zoning with conditions. The building to operate as a shelter will also include some renovations/enhancements after we have received approval for the CFN zoning. Renovations identified are to include fire alarm system, smoke alarm installations, emergency lighting, new window and doors to meet egress if required, exit signs, security cameras, and new 2n11 level exit with building inspectors approval. Respectfully submitted, Mary Saulnier-Taylor, Executive Director 262 .a 263 MI "RESOLVED that the by-law entitled, "By-law Number C.P. 100-532 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concems re- zoning a parcel of land located at 152-154 Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple Residential Infil to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be subject to a condition limiting the non-residential use of the property to an approximately 500 square foot retail store specializing in coins, collectibles and jewellery." N PROPOSED SECTION 59 AMENDMENT AMENDEMENT PROPOSE A L'ARTICLE 59 RE: 154 WATERLOO STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending a Section 59 resolution at its meeting to be held in the Council Chamber at City Hall with a remote participation option on Monday, January 11, 2020, at 6:30 p.m. The current Section 59 resolution applies to a parcel of land located at 154 Waterloo Street, also identified as PID No.00013631. REASON FOR CHANGE: To permit an emergency shelter for women OBJET : 154, RUE WATERLOO Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention d'envisager de modifier une resolution en vertu de I'article 59 Iors de la reunion ordinaire qui se tiendra dans la salle du conseil, a I'hotel de ville avec la possibilite de participation a distance, le lundi 11 janvier 2020 a 18 h 30. La resolution actuelle en vertu de I'article 59 s'applique a une parcelle de terrain situee au 154, rue Waterloo, egalement identifiee sous le NID 00013631. RAISON DE LA MODIFICATION: Permettre un refuge d'urgence pour les femmes. 265 For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent etre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 266 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2100 SANDY POINT ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 2100, RUE SANDY POINT Par les presentes, un avis public est donne par lequel le conseil communal de ville de Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. Re -designate on Schedule A of the 1. A I'annexe A du plan d'amenagement Municipal Development Plan, land municipal, modifier le zonage d'un having an area of 8.57 hectares, terrain d'une superficie de located at 2100 Sandy Point Road, 8,57 hectares, situe au 2100, rue also identified as a portion of PID No. Sandy Point, egalement identifie 55233233 and PID No. 55233977, from comme une partie de la NID Rural Resource Area to Stable Area no 55233233 et de la NID as illustrated below; no 55233977, qui passers de zone de ressources rurales a zone stable, 2. Re -designate on Schedule B of the Municipal Development Plan, land having an area of 8.57 hectares, located at 2100 Sandy Point Road, also identified as a portion of PID No. 55233233 and PID No. 55233977, from Rural Resource and Park and Natural Area to Major Community Facility and extend the boundary of the Primary Development Area (PDA) as illustrated below; A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall with a remote participation option on Monday, January 11, 2021. comme illustre ci-dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 8,57 hectares, situe au 2100, rue Sandy Point, egalement identifie comme une partie de la NID no 55233233 et de la NID no 55233977, qui passera de zone de ressources rurales et de pares et aires naturelles a grandes installations communautaires et repoussera les limites de la zone d'amenagement primaire comme illustre ci-dessous; Une presentation publique de la modification proposee aura lieu lors d'une reunion ordinaire du Conseil communal, qui aura lieu dans la salle du Conseil a ('hotel de ville, avec option de participation a distance, le lundi 11 janvier 2021. 267 REASON FOR CHANGE: RAISON DE LA MODIFICATION To permit the development of a retirement community. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 10, 2021. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk 658-2862 Permettre le developpement d'une communaute de retraites. Les objections ecrites a la modification proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le 10 fevrier 2021. Les demandes de renseignements peuvent titre presentees au bureau du greffier communal ou aux Services de croissance et de developpement communautaire, Hotel de ville, 15, Market Square, Saint John (N.-B.), entre 8 h 30 et 16 h 30, du lundi au vendredi, inclusivement, jours feries exclus. Jonathan Taylor, greffier communal 658-2862 c 5519 L— IM �v..- � Ceu� �pl�n De e[opeent shout GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF 5A1NT JOHN MW ADDRESS .# �� b D APPLICATION # I FEE PAIQ Y N TYPE OF APPLICATION Lj Land for Public Purposes Release Service Fee 5300 Section 39 Amendment Service Fee- $2.500 Non -Conforming Use service Fee: $200 0 Satisfactory Servicing Service Fee $200 Zoning By-law Amendment Zoning By-law Amendment with Service Fee $2.500 a Municipal Plan Amendment Service Fee 53-504 DETAILED DESCRIPTION OF APPLICATION Where applicable. indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested- : Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a PreApphcation Meeting is encouraged prior to seeking approval Please contact the One -Stop Development Shop at (506) 658-2911 for further information. ` .ti ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as l have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will he necessary for this application Registered OWner or Authorized Agent Additional Registered Owner Date _ Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of thss application will become part of the public record 269 Development shop Q- Phone: 658-291 1 Fax; 632-6199 Ge11181's ""efte NM GROWTH & COMMUNUkEVELOPMENTSERVICES ±TY OF SA�MT JOHN 41ramamuwa in � LOCATION CiViC AOORE55 :T-q kfft I S [ 3 3 3 3 w a HFRI TAIGE AREA: Y I N INTENSIFICATION AREA: Y I N FLOOD RISK AREA: Y/ N APPROVED GRADING PLAN-. Y j N w APPLICATION q: DATf fRECEIVEO: h "s RECEIVED BY APPLICANT EMAIL PHONE 2 0 MAILING ADD RE55 POSTAL CODE a CONTRACTOR EMAIL PHONE 0 Z MAILING ADDRESS POSTAL LODE Q ^.r EMAIL PHONE Qk_OWNER 0-31 a D vi C o MAItING ADDRESS f f POSTAL CODE T !a a vl d yr V �I f PRESENT USE: PROPOSED USE: J BUILDING PLANNING INFRASTRUCTURE HERITAGE. Q© INTERIOR RENOVATION NEW CONSTRuc-naN VARIANCE © STREET EXCAVATION HERITAGE DEVELOPMENI © EXTERIOR RENOVATION ACCESSORY BLOG PLANNING LE7rER Q DRIVEWAY CULVERT Q HERITAGE SIGN ADDITION POOL WPAC APPLICATION © DRAINAGE HERITAGE INFILL ¢ DECK DEMDLITIDN COUNCIL APP Q WATER & SEWERAGE HERITAGE DEMO La Q CHANGE OF U51: Q SIGN ®SUEIOMSION �. OTHER ® OTHER MINIMUM STANDARDS @ ❑THIA OTHER W r l I z '� Sri ��02 Y � 3 L u M G 0 1 consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. GCARy't L'rrllrvrinn .V10fMernl I N, +FlJutrrrmnrr n hewK crdlfx-wd on wdrr Iw 1hr I'eev of SWrN JexhN w rklrrrr an 'Cl rnrrk pnwemp irn'1re• dw crlleruan es hourof to ehui w1wrk to vrrmwev 1u +irktrr lhr dEw ip am Wn•n•r {hNrx, reyrrrred 10 rho .To bJ, lmr , r)v CW nl.urns Alba wr1J 1Mu i&tew , wur pvnunal rnJilrrrnvr j rrr rh arr)• third fwwit, wlrhwrr vrNrr exprru rr»rnr 1'1ry legal werhi r Rv A%, ewNri llrjg 1hn rrti rnrrnlrur J• rfr be fiRarl rn ehc Acr and the Ihglu ro hl#rrnwla amd P-1rcriaN r1 l'r racy Are. I-w Jurrhvr +nfrwnrur,rn uw quexruru rrprrnhnK eke Callemm, 01Prn+.xj1 +rv&verarlur, pleme aw+lroe•r the .Awry, A 1'rlrwru (*Cer 011, Halo' IArelding rrrlr l7imw - 13 AAmknr %Inure ti gw Jo Nt. NN 1i?l. 11--'le (u N 459-.rM7 +,ran •tu>i L fhe vndersigned. hereby apply for the' permitls) or owovolrsj. indraled above for the wcw* rsescribed out plans, %vt3missiom aria forms herewith submitted. Ihrs opplicohon includes all relevonI doc umen lotion nec esscoy for the applied for permffs) or approvarls)- 1 agree la comply with the pICxrls 9perikofioos and further agree to comply with ail relevant City Ay -lows card conrYifierrs unposed. Applicant NoAm__ 7 4-A0 - -- Dalc 270 IUS RIDS PAL PLAN AMENC • � -` ;',• ' 1. ¢ pe ,L, .� � ", fi � o� ~ � � r .✓x �:. �.a^ It I r .'� "` � M a r tr 3 4010 4N 9 '1 ] 6 acre STORIED ARCHITECTURE December 4th, 2020 One Stop Development Shop Ethos Ridge Project Description for Council Application [draft] The fountain of youth is a forest. Inspiration /' eTHas/ noun 1. the characteristic spirit of a culture, era, or community as manifested in its beliefs and aspirations Ethos Ridge is a proposed 125 Unit retirement community located in Milledgeville, New Brunswick set deep within the forest canopy adjacent to the Kennebecasis River. The inspiration for the development is best found in the site. The property offers an authentic New Brunswick setting with access to diverse natural elements and stunning water views. These features present an opportunity to cultivate connection. Connection to nature. Connection to well-being. Connection to each other. Many senior communities cater to physiological and safety needs, but are missing the mark on cultivating belonging, esteem, and self -actualization. Our team believes that older adults are deserving of more. Every move in life should represent progress; a transitional move in the golden years should be no different. Ethos Ridge will serve as a home, and destination, where features and programs respond to lifestyle changes and transitions. We will focus on whole life living where care and meaningful experiences meet. Services will respond to the evolving needs of our residents and will be supported by flexible space design, progressive technologies, and elevated programming. We are committed to creating a design that fits within the neighbourhood of Millidgeville and the backdrop of the Greater Saint John Region. Our approach will include preserving the forest canopy, blending the development with nature, and maximizing south - facing views. Residences will be of barrier -free design and common areas will consider social interactions with neighbours, friends and extended families. Objective Most seniors want to age in place, however this largely stems from a desire not to age in existing long-term care. It is a reality that maintaining a large single-family home becomes difficult at a point in time. In Atlantic Canada we benefit from geographic spread, but this can become a hindrance to maintaining connection to neighbours, families and community and accessing help with transportation, household maintenance, and daily living. ACRE ARCHITECTS 1 87 CANTERBURY STREET, SUITE 301 1 SAINT JOHN, NB I E2L 2C7 I T (506) 658-9679 WWW.THEACRE.CA 272 Ethos Ridge will provide an alternative through aging in community. We will offer reputable, licensed homecare in a purpose -driven setting that has been unrealized in our region. By taking this approach we can maintain individual privacy while offering access to communal resources and spaces. We can meet the key objective of deinstitutionalizing care while enhancing well-being through an active and engaging lifestyle. This is a model of interdependence. Target residents will be 75+ and will fall into one of two categories - Independent Living or Supportive Living. In both cases, residents will receive daily support in housekeeping, laundry, and meal preparation. As the need for assistance with the activities of daily living arise, additional care will be provided. Ethos Ridge will supplement this approach to care with value-added services including wellness checks, therapeutic recreation, and peace of mind services. This phased in approach to care will extend the duration that residents can remain in their home. An adult day program with a specialized focus on memory care will extend the continuum of care further and support spouses who require respite. This is an alternative approach to keeping partners together that does not exist in the market today. All aspects of service delivery will be based in person- and family -centered care with a focus on collaboration and choice. The greatest plagues of aging well are loneliness, helplessness, and boredom. Ethos Ridge will provide antidotes through connection, purpose, and activity. Why Landscape matters. In contrast to many other developments geared to older adults, the Ethos Ridge site is characterized by dramatic topography, mature woodlands, open meadows, and shoreline landscape conditions. Panoramic views of the Kennebecasis River are revealed from several parts of the site, and the sights, sounds, and smells of nature are found in abundance. In other words, this stunning site off of Sandy Point Road would be an attractive site to people of any stage of life. The landscape at Ethos Ridge lends itself to a variety of outdoor amenities that will promote regular connection with the outdoors, and active lifestyles for all ages and abilities. Trail networks will bring users through the natural variety of landscapes on the site while minimizing disturbance, and can create loops of varying difficulty, whether a sloped trail to the River's edge or up to the ridge, or a relatively flat trail through woodland and meadow. Shorter trail loops nested within larger loops, provide longer -distance options for users, and can be integrated with other amenities such as lookouts and bird -watching. Other outdoor programming may include boating, kitchen gardens, beekeeping, horticulture, playground areas for young visitors, and private walk -out terraces, and outdoor dining terraces. Each of these programs are possibilities because of the existing landscapes present on the site already, and are driven by an environmental ethic and the project's desire to promote healthy lifestyles through all aspects of the design. Through offering a diversity of outdoor programs, Ethos Ridge also becomes a place that family members enjoy visiting, and that creates connections with the surrounding community. Finally, the existing woodlands provide a sheltered, private site with pre-existing buffers between neighbouring communities and this new development. The intention of the site design is to preserve as much of these woodlands as possible, in particular patches of coniferous trees with year-round privacy, in order to protect the privacy not only for Ethos Ridge residents but for their neighbours. Future Land Use Schedule B Situated directly at the edge of Saint John's Primary Development Area, this 19.5 acres of private waterfront land is unparalleled in Saint John. Because the proposed Ethos site is literally touching/adjacent to the edge of the existing PDA along Sandy Point Road and only delineated by a property line and not a physical feature of any kind, we 273 believe that this development is consistent with the general intent of the Municipal plan and the structure of the city. Policy LU-1 recognizes that the boundaries of land use designations are `intended to be approximate', which makes sense given the diverse geography and typology of Saint John itself. This site lies on the boundary of the PDA. It is a unique site within Saint John. As requested in Policy LU-4, and due to the care plan being rooted in nature, with room for trails, and waterfront programming, Ethos Inc. considered and looked at various potential sites along the Kennebecais River as well as towards the mouth of the St. John River. None were found that were potentially for sale, that matched this site's size, private setting, access to the river for residents and were also surrounded by public infrastructure elements like Rockwood Park and golf course, the Regional Hospital and the University of New Brunswick, all which could play mutually beneficial roles in the success of such a project. There is a specific lack of supply of quality land already designated in the Municipal Plan to accommodate this development. This project will be an enhancement for the community. Not only will this project provide housing opportunities for seniors, and residents who may not want to leave this gem of a community, but one of the founding goals of Ethos was to provide a place that children will want to visit their parents while they are there. Having a residential development designed for seniors will benefit the neighborhood as the community is also residential and this development is nature based, quiet and will have trails the community will be able to access. The cities services currently extend to the edge of the PDA at the corner of Westmount Drive and the Ethos development will be extending the services under their own volition and at their cost. LU-4 states the development should bean efficient use of infrastructure and by extending the cities lines on their own, while engineering the system flows and speeds to ensure no `downstream' negative impacts will be made, this then becomes a small addition to the cities infrastructure at no direct cost. Major Community Facilities This site is unique amongst the land looked at over the last year in the sense that due to its geography - the subtle entry drive will rise from Sandy Point Road and then descends over top of the ridge which will completely hide from project from the road. Only a handful of neighbouring properties will even get a glimpse at the structure, something that is rare even for a rural project. By providing aging in community, Ethos proposal will contribute positively to the neighbourhood as ensured by Policy LU-90. This privacy for residents is at the core of this development and search for a destination that connects people and nature for a sense of wellbeing. Research reveals the host of benefits connected with connecting with nature, including enhanced mood and immune system function; reduce blood pressure, improving heart rate, and minimizing stress and anxiety, and improving sleep and creativity. The surrounding site features, trails, and waterfront will be incorporated as LU-90 points out, in order to create safe access, site grading, stormwater management and a key focus on landscaping and specifically landscape buffering to Pelton Road residents. Brackish Landscape studio has already been engaged and is creating a landscape and buffering plan that will be consistent with the high quality exterior building design that Acre Architects has been tasked to create in -line with the cities Urban Design Principles in the Municipal Plan. Amenities will stretch beyond the interior to the exterior and will include distinct offerings in the market like a pool and trail system. The design will deliver several options for direct access to the outdoors including balconies, patio seating, short and long walking routes, a dog park, and more. This site makes key strategic sense for a Major Community Facility zoning not only due to its proximity to compatible surrounding land uses such as the Regional Hospital, Rockwood Park and the University of New Brunswick, but also due to proximity to the Milledgeville Ferry, the arterial connector of Foster Thurston Drive as well as the waterway of the Kennebecasis River itself. 274 Supportive Housing Ethos is a Caring Community that believes in the healing power of nature. Policy HS-17 encourages the provision of housing for senior citizens to integrate into appropriate residential areas of the city. Ethos and this piece of land on the Kennebecasis River is intended as a place to live that energizes and inspires a reinvigorated lifestyle. A place that brings life. Oriented as a place that people can creatively engage and participate in daily activities together is central to the Ethos of this project. Policy HS-17 also asks to facilitate the integration of housing for people with special needs into all residential areas, subject to maintaining adequate separation distance between supportive housing developments, maintaining compatibility and character with the host residential neighbourhood and ensuring adequate on -site parking and landscaping. We believe that the Ethos development specializing in seniors care will not only be a positive for Saint John itself, but for the direct and surrounding neighbourhood as well. Care and attention to detail are core values of both Acre Architects, Brackish Landscape Architects as well as senior care design specialists G Architects. Together, this team wants to elevate the provincial standard of what supportive housing can and should be. Municipal Servicing & Infrastructure This development will be connected to and utilize existing municipal services despite the fact that the proposed development falls outside of the current municipal services boundary for The City of Saint John. It is the intent of the developer to connect to the existing municipal sanitary and water systems at the intersection of Sandy Point Road and Westmount Drive. The following information will be submitted, on behalf of the developer, to the City for approval as part of the subdivision approval process: • A detailed engineering design brief and drawings for the proposed work within the municipal right of way including, but not limited to, installation of new sanitary sewer and water main, connections to the existing system and street restoration. An engineering analysis to provide sanitary sewer flows to allow for the City to determine the impact of this development on the existing municipal sewer system. • Detailed storm water management plans and a design report indicating how storm water will be managed on site in accordance with the City's Storm Drainage Design Criteria Manual and all applicable drainage by- laws. The onsite storm water management will be designed to achieve a net zero impact. In keeping with the requirements of Municipal Plan and as part of the subdivision approval process, a theoretical sanitary sewer loading distribution for the facility has been submitted to the City to be used for evaluation of the potential impacts of the development on the downstream municipal infrastructure. In preliminary discussions with the City, they have advised that downstream wastewater lift stations are at or near their pumping capacity. These stations are scheduled to be upgraded in the coming years, but we will work with municipal staff with regards to flows from our system. We will also review and discuss potential offset projects as needed to remove unwanted flows from the existing system to compensate for the increased flows from this development. 275 Although the overall the development is expected to increase the storm water runoff from the site, the majority of this increase will continue to be discharged directly to the Kennebecasis River through overland methods; ditches, swales and site grading, and will not require storm water management. A small portion of the site, adjacent to Sandy Point Road, will require storm water management as it will be discharging into to the existing overland municipal drainage system on Sandy Point Road. Control of this increase in runoff will be achieved through the design and construction of various retention features including rain gardens, bio swales and storm water retention ponds. All work related to this project carried out within the existing municipal right of way would be carried out as per the City's General Specifications (Latest Edition). Development Approvals Saint John's Municipal Plan is a guide for development and investment in the city itself and we believe the Ethos proposal is in conformity with these goals, policies and intent as requested in Policy 1-2. This project will increase quality of life for many seniors over the next 25+ years, add an award winning piece of architecture and landscape architecture to the cities already rich architectural heritage, help create a more complete neighbourhood with the addition of supportive aging in community housing and creating a holistic project from start to finish that will consider not only the economic boost to the city, but environmental sustainability as well as current thinking and design around social and cultural programming for our own senior population. There are already adequate road networks leading to the site, and the infrastructure servicing right at the edge of the site, an Engineer Traffic Study has been completed by Englobe Engineers to make sure no negative impacts to the local system will be experienced, adequate parking will be provided and the building itself is being designed below the ridge and will be less than the maximum zoning height permits to better integrate itself into the landscape. All of these elements are considered from Policy 1-2 b & c. 276 KENNEBECASIS RIVER �J NOTES: 1. DRAWING IS IN METERS 2. REFER TO LANDSCAPE PLAN FOR LANDSCAPE FEATURES, AMENITITES, AND DRAINAGE FEATURES. BRACKISH DESIGN STUDIO INC. 204-1521 GRAFTON STREET HALIFAX NS 33J 2139 T 902.422.7216 www.brackish.ca PELTON ROAD -- ---------------------- GATED SECONDARY ACCESS I I I vr�niivnv� SWALE A R C H I T E C T ACRE ARCHITECTS 87 Canterbury Street, Suite 301 Saint John, NB E21- 2C7 G ARCHITECTS 310 Spadina Avenue, Suite 303 Toronto, ON, M5T 2E8 uivvvvrIL-I.- P R E L I M I NARY : NOT FOR CONSTRUCTION THIS DRAWING IS FOR INFORMATIONAL PURPOSES C I V I L S T R U C T U R A L A N D E L E C T R I CAL ONLY AND IS NOT INTENDED FOR E N G I N E E R S CONSTRUCTION DO NOT START CONSTRUCTION WITHOUT A SEALED SET OF CONSTRUCTION DOCUMENTS. ALL RIGHTS RESERVED. THE DRAWINGS, DESIGNS, AND IDEAS EMBODIED THEREIN ARE PROPERTY OF BRACKISH DESIGN STUDIO INC. AND SHALL NOT BE COPIED, REPRODUCED, OR CRANDALL ENGINEERING / ENGLOBE DISCLOSED IN CONNECTION WITH ANY WORK OTHER THAN THE PROJECT FOR WHICH THEY 133 Prince William Street HAVE BEEN PREPARED, IN WHOLE OR PART, Saint John, NB, E21- 2B5 WITHOUT PRIOR WRITTEN AUTHORIZATION OF BRACKISH DESIGN STUDIO INC. KEY PLAN -- ------ --------------- - — - ----- ----------- --------------- ni i ENTRY SIGNAGE / CIVIC ADDRESS IDENTIFICATION -_ - -_ , l SCALE E T H O S R I D G E 1:710 M U N I C I P A L P L A N R E T I R E M E N T DATE A M E N D M E N T 2020 DEC. 4 Saint John, NB DRAWN BY 277 PELTON ROAD I I I II NATURALIZED BUFFER PLANTING (NATIVE TREES AND SHRUBS) EXISTING MIXED WOODLAND TO BE PRESERVED CANOE ` LAUNCH F 1 L L r l # I RIVERSIDE TRAIL �1 ' 4t TERRACED GARDENS WITH + PATH AND SEATING + RIVERSIDE � ti TERRACE + t � L � t h WALKOUT TERRACES �r J KENNEBECASIS RIVER f EXISTING WOODLAND BUFFER TO BE PRESERVED EXISTING SOFTWOOD BUFFER TO BE PRESERVED GREENHOUSE KITCHEN GARDEN WALKOUT;` TERRACES f { P � _ ORANGERIE/ BOSQUE WINTERGARDEN - EXISTING SOFTWOOD BUFFER — — — _ _ _ FIRESIDE CAFE PLAZA PATIO NTRYJ , PLAZAi TERRACE PLANTING EXISTING SOFTWOOD j BUFFER TO j BE PRESERVED 1 0 PROPERTY LINE ti EXISTING MIXED WOODLAND TO BE WORKSHOP PRESERVED t ti POOLSIDE j MEADOW DECK LOOP •. ° TRAIL �' — — PROPERTY LINE — LAWN STEPS NATURALIZED BUFFER PLANTING (NATIVE TREES AND SHRUBS) i NOTES: 1. FOR SITE CIRCULATION, DRAINAGE FEATURES, LOT DIMENSIONS, SETBACKS, AND PROPOSED GRADES, SEE DRAWING L-01 (SITE PLAN) 8 P R E L I M I NARY : NOT FOR CONSTRUCTION 7 THIS ONL DRAWING Is FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED FOR BRACKISH DESIGN STUDIO INC. A R C H I T E C T C I V I L, S T R U C T U R A L A N D E L E C T R I C A L 6 204-1521 GRAFTON STREET E N G I N E E R S CONSTRUCTION. DO NOT START CONSTRUCTION WITHOUT A SEALED SET OF CONSTRUCTION 5 HALIFAX NS B3J 2139 T 902.422.7216 ACRE ARCHITECTS DOCUMENTS. ALL RIGHTS RESERVED. THE DRAWINGS, 4 5 o r a c s www. b ra c k i S h.ca 87 Canterbury Street, Suite 301 Saint John, NB E21- 2C7 DESIGNS, AND IDEAS EMBODIED THEREIN ARE PROPERTY OF BRACKISH DESIGN STUDIO INC. AND 4 SHALL NOT BE COPIED, REPRODUCED, OR G ARCHITECTS CRANDALL ENGINEERING / ENGLOBE DISCLOSED IN CONNECTION WITH ANY WORK OTHER THAN THE PROJECT FOR WHICH THEY 1 310 Spadina Avenue, Suite 303 133 Prince William Street HAVE BEEN PREPARED, IN WHOLE OR PART, Toronto, ON, M5T 2E8 Saint John, NB, E21- 2135 WITHOUT PRIOR WRITTEN AUTHORIZATION OF BRACKISH DESIGN STUDIO INC. ISSi E T H O S R I D G E R E T I R E M E N T Saint John, NB 0I Q O F- z O 0 z Q U S C A L E 1 : 7 5 0 M U N I C I P A L P L A N DATE A M E N D M E N T 9 '1 3 6 a c r e S 0 architects 310 Spadina Avenue, Suite 303 1 Toronto, ON M5T 2E8 www.garchitects.ca 1 (416) 937-7733 1 hello@garchitects.ca LEGEND ❑ 1.0-ILISL ❑ 2.0 -AMENITY AREAS ❑ 4.0 -SUPPORT AREAS 5.0 -VERTICAL CIRCULATION # date: revision: NOT FOR CONSTRUCTION Ethos Ridge Saint John, New Brunswick LEVEL 0 - FLOOR PLAN by: All drawing and specifications are the property of the Architect. The Contractor shall verify all dimensions and information on site and report any discrepancy to Architect before proceeding. PN scale: 1 : 150 drawn by: Cv reviewed by: PG job number: 20005 plot date: 2020-12-04 10:38:01 AM Wt drawing number: P110 9 '1 3 6 a c r e 0 0 co lcl- FITNESS 189 M2 (2033 ft2) I I I I I I I I I RECEPTION & TUCK SHOP 41 M2 (446 ft2) MAIN ENTRANCE architects 310 Spadina Avenue, Suite 303 1 Toronto, ON M5T 2E8 www.garchitects.ca 1 (416) 937-7733 1 hello@garchitects.ca LEGEND ❑ 1.0-ILISL ❑ 2.0 -AMENITY AREAS ❑ 3.0 -ADULT DAY PROGRAM ❑ 4.0 -SUPPORT AREAS 5.0 -VERTICAL CIRCULATION # date: revision: rNOTFOR CONSTRUCTION \11" Ethos Ridge Saint John, New Brunswick LEVEL 1 - FLOOR PLAN by: All drawing and specifications are the property of the Architect. The Contractor shall verify all dimensions and information on site and report any discrepancy to Architect before proceeding. PN scale: 1 : 150 drawn by: CV reviewed by: PG job number: 20005 plot date: 2020-12-04 10:38:04 AM drawing number: P11 06So ............ '8300 60 0 oo coo -v 2 BEDROOM 6000, S03 20 1 BEDROOM STUDIO "goo STAIR A o / 2 BEDROOM STUDIO 8300 1 BEDROOM 1 BEDROOM o 1OS00 2 BEDROOM STAIR D 0 106s 1 BEDROOM 1X o 0 BEDROOM EDROOM �Oo 2 BEDR00 0 1 BEDROOM + STUDIO DEN o osoo 1 BEDROOM + 1 DROOM DEN LOUNGE 116 mZ (1244 ft2)j 1000 ELEV-4 M&E 9 40m (428ft) LEV- LOUNGE M&E 000 75 m2 (803 ft2) LEV47 mz (506 ft2) ELEV-2 1 BEDROOM 1 BEDROOM oCP00 00 BEDROOM + 1 BEDROOM DEN o 0 0 0 CD co 1 BEDROOM 1 BEDROOM 0 co co F co co 1 BEDROOM + 1 BEDROOM DEN 0 CD CD 4 co STUDIO 1 BEDROOM + � ; 0 1 BEDROOM 2 BEDROOM co DIO �, o LE 1 BEDROOM + o O o �. O rn O STAIR C 2 BEDROOM 2 BEDROOM o o =� Lr)2 BEDROOM o 1 BE ROOM + STAIR B U, o O 2 BEDROOM 1 BEDROOM + 18600 o 9 '1 3 6 acre rarchitects 310 Spadina Avenue, Suite 303 1 Toronto, ON M5T 2E8 www.garchitects.ca 1 (416) 937-7733 1 hello@garchitects.ca LEGEND ❑ 1.0-ILISL ❑ 2.0 -AMENITY AREAS ❑ 4.0 -SUPPORT AREAS 5.0 -VERTICAL CIRCULATION # date: revision: by: All drawing and specifications are the property of the NOT FOR Architect. The Contractor shall verify all dimensions and CONSTRUCTION information on site and report any discrepancy to Architect before proceeding. Ethos Ridge Saint John, New Brunswick LEVEL 2 - FLOOR PLAN PN scale: 1 : 150 drawn by: CV reviewed by: PG job number: 20005 plot date: 2020-12-04 10:38:07 AM drawing number: P112 281 9 '1 3 6 a c r e 2 BEDR00 2 BEDROOM 1 BEDROOM O O O O co co co 1 BEDROOM M&E 47 mz (506 ft2) 18300 STAIR A architects 310 Spadina Avenue, Suite 303 1 Toronto, ON M5T 2E8 www.garchitects.ca 1 (416) 937-7733 1 hello@garchitects.ca LEGEND ❑ 1.0-ILISL ❑ 2.0 -AMENITY AREAS ❑ 4.0 -SUPPORT AREAS 5.0 -VERTICAL CIRCULATION # date: revision: by: All drawing and specifications are the property of the NOT FOR Architect. The Contractor shall verify all dimensions and CONSTRUCTION information on site and report any discrepancy to Architect before proceeding. Ethos Ridge Saint John, New Brunswick LEVEL 3 - FLOOR PLAN PN scale: 1 : 150 drawn by: CV reviewed by: PG job number: 20005 plot date: 2020-12-04 10:38:11 AM drawing number: P113 2 BEDROOM <J HIV 1 BEDROOM 0 co co co 1 BEDROOM M&E LEV-\J 47 mZ (506 ft2) 18300 / STAIR A 9 9 3 6 a c r e architects 310 Spadina Avenue, Suite 303 1 Toronto, ON M5T 2E8 www.garchitects.ca 1 (416) 937-7733 1 hello@garchitects.ca LEGEND ❑ 1.0-ILISL ❑ 2.0 -AMENITY AREAS ❑ 4.0 -SUPPORT AREAS 5.0 -VERTICAL CIRCULATION # date: revision: by: All drawing and specifications are the property of the NOT FOR Architect. The Contractor shall verify all dimensions and CONSTRUCTION information on site and report any discrepancy to Architect before proceeding. Ethos Ridge Saint John, New Brunswick LEVEL 4 - FLOOR PLAN PN scale: 1 : 150 drawn by: CV reviewed by: PG job number: 20005 plot date: 2020-12-04 10:38:14 AM drawing number: P114 SITE SECTION THROUGH ENTIRE SITE W Of U U) n a U W 00 W z Z W Y Y a� W a� ZI Lu 51 O g s° ry zi Lu M, a �I �I III°moo Q �o ° ------ass —+ a- + III I---------------� z 65 M a o 8 I wa0 can U) 0-1 I +35M I I I 16 ACRE ARCHITECTS 1 87 CANTERBURY ST I SUITE 301 1 SAINT JOHN, NB I E21- 2C7 I T 506 658 9679 1 THEACRE.CA 284 ELEVATION & MARKERS � I EI Z 2I Z of }I w �I -T10 RIDGE I I I I I I TIO ROOF ZONING BY-LAW MAX BUILDING HEIGHT +24.OM 285 17 /_1»4LlIQKvi APPENDIX CONTENTS - MECHANICAL: SITE SERVICING FLOW CALCULATIONS -SIGNED APPLICATION FORM - TENTATIVE SUBDIVISION PLAN - APPROVAL LETTER - TRAFFIC STUDY - FULL SCALE ARCHITECTURAL & LANDSCAPE DRAWINGS 18 ACRE ARCHITECTS 1 87 CANTERBURY ST I SUITE 301 1 SAINT JOHN, NB I E2L 2C7 I T 506 658 9679 1 THEACRE.CA 286 Project Information Project Name: Ethos Ridge Development Date: Friday, December 4, 2020 En lobe Proect Number: 2000116-01 Prepared by: Joshua Burgess Subject: lPreliminary Sanitary Loading - Average and Peak Flow Calculations Reviewed by: Michael Gray, P.Eng Resident Calculations Floor Totals Persons per Unit Persons Single Unit 63 1.3 81.9 Double Unit 62 2.15 133.3 Total Residents 216 Restaurant Patron Calculations Restaurant Area Sq. m. per Patron Patrons (sq. m) 258 1.67 155 Solon/Beauty Seats 6 Staff Calculations Resident Count Staff per Resident Staff Count 216 0.125 27 Pool and Pool Deck/Change Rooms Pool Area 50 sq. ft per person Pool Deck 15 sq. ft per person Guest Calculations Resident Count Guest per Resident Guests 216 0.5 108 Carwash Operational Hours Cars per Hour Number of Cars 12 0.5 6 Sanitary Flow/Loading Calculations Flow Calculations Count (person, vehicle, sq. m) Allowance (L/count-day) Flow (L/day) Time Factor Factored Flow (L/day) Factored Flow (L/s) Peaking Factor (Harman) Peaked Flow (L/day) Peaked Flow (L/hour Peaked Flow min Peaked Flow sec Residents 216 340 73440 1 73440 0.85 3.02 221422.61 9226 154 2.57 Guests 108 170 18360 1 18360 0.21 3.02 55355.65 2307 39 0.65 Staff 27 170 4590 2 9180 0.11 3.02 27677.83 1154 20 0.34 Restaurant Patrons 155 160 24800 1 24800 0.29 3.02 74772.34 3116 52 0.87 Resident Services 225 6 1350 2 2700 0.03 3.02 8140.54 340 6 0.10 Salon 6 200 1200 2 2400 0.03 3.02 7236.03 302 6 0.10 Pool 50 70 3500 1 3500 0.04 3.02 10552.55 440 8 0.14 Pool Deck/Change Room 60 70 4200 1 4200 0.05 3.02 12663.06 528 9 0.15 Carwash 6 320 1920 1 1920 0.02 3.02 5788.83 242 5 0.09 Total 131440 N/A 140500 1.63 N/A 423609.43 17655 299 5.01 Equivalent Population 387 N/A 414 N/A N/A N/A N/A N/A N/A Peaking Factor Based on Equivalent Population Peaking Factor (Harman) 102 Peaking Factor (Rabbit) 1 5.96 287 Project Information Project Name: Ethos Ridge Development te: Friday, December 4, 2020 En lobe Project Number: 2000116-01 ed b :Joshua pe,, Burgess Subject: Preliminary Sanitary Loading - Diurnal Sanitary Loading ed by: Michael Gray,P.Eng Average Flow: 1.63 Us Flow Out: 6.30 Us Wet Well Diameter: 2.13 m Start/Stop Delta Elevation: 0.90 m Active Volume: 3219.00 L Time of Day Factor Factored Average Flow (L/s) Time to Fill (min) Time to Drain (min) Cycle Time (min) Cycles Per Hour Running Minutes Per Hour (min) Volume Pumped (L) Volume Pumped (cu. m.) Average Flow (L/s) 0:00 0.600 0.978 54.857 10.081 64.938 0.924 9.314 3520.800 3.521 0.978 1:00 0.342 0.557 96.240 9.343 105.583 0.568 5.309 2006.856 2.007 0.557 2:00 0.225 0.367 146.285 9.042 155.327 0.386 3.493 1320.300 1.320 0.367 3:00 0.200 0.326 164.571 8.981 173.551 1 0.346 3.105 1173.600 1 1.174 0.326 4:00 0.215 0.350 153.089 9.017 162.106 0.370 3.338 1261.620 1.262 0.350 5:00 0.250 0.408 131.657 9.105 140.761 0.426 3.881 1467.000 1.467 0.408 6:00 0.600 0.978 54.857 10.081 64.938 0.924 9.314 3520.800 3.521 0.978 7:00 1.270 2.070 25.917 12.684 38.600 1.554 19.715 7452.360 7.452 2.070 8:00 1.620 2.641 20.317 14.661 34.978 1.715 25.149 9506.160 9.506 2.641 9:00 1.680 2.738 19.592 15.063 34.655 1.731 26.080 9858.240 9.858 2.738 10:00 1.650 2.690 19.948 14.859 34.807 1.724 25.614 9682.200 9.682 2.690 11:00 1.520 2.478 21.654 14.036 35.690 1.681 23.596 8919.360 8.919 2.478 12:00 1.370 2.233 24.025 13.192 37.217 1.612 21.268 8039.160 8.039 2.233 13:00 1.200 1.956 27.428 12.350 39.779 1.508 18.629 7041.600 7.042 1.956 14:00 1.110 1.809 29.652 11.947 41.599 1.442 17.231 6513.480 6.513 1.809 15:00 1.000 1.630 32.914 11.488 44.402 1.351 15.524 5868.000 5.868 1.630 16:00 1.010 1.646 32.588 11.528 44.117 1.360 15.679 5926.680 5.927 1.646 17:00 1.080 1.760 30.476 11.818 42.294 1.419 16.766 6337.440 6.337 1.760 18:00 1.230 2.005 26.759 12.491 39.250 1.529 19.094 7217.640 7.218 2.005 19:00 1.330 2.168 24.747 12.984 37.731 1.590 20.647 7804.440 7.804 2.168 20:00 1.310 2.135 25.125 12.882 38.007 1.579 20.336 7687.080 7.687 2.135 21:00 1.210 1.972 27.202 12.397 39.599 1.515 18.784 7100.280 7.100 1.972 22:00 1.110 1.809 29.652 11.947 41.599 1.442 17.231 6513.480 6.513 1.809 23:00 0.920 1.500 35.776 11.176 46.952 1.278 14.282 5398.560 5.399 1.500 Total 141137.136 141.137 KM DIURNAL CURVE - RESIDENTAL SANITARY 1.800 1.680 1.600 1.400 1.2W � 1.000 0 G � a.sao c a 0.600 0.400 0.200 u uuu 0:00 1:00 2'00 390 4.00 5:00 6.00 7110 9.00 9.00 10.00 3100 12200 2.00 23.M • 12.000 10.000 8.000 w 6.000 O 4.000 3.521 2.007 2.000 1.320 0.000 1 0:00 1:00 2:00 Volume Pumped vs. Time of Day 9.858 9.682 9.506 EM 3:00 4:00 5:00 6:00 7:00 8.00 9:00 CSC 8.039 7.804 7.687 7.042 7.218 7.100 6.513 6 337 6.513 5.868 5.927 5.399 •Volume Pumped to M.) 00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 =OF DAY iHOUR) 290 November 27; 2020 Acre Architects for Marilyn Galbraith 2100 Sandy Point Road Saint John, NB E2K 5G9 Subject: Tentative Approval Letter - 2100 Sandy Point Road Please note we have received the application for the Tentative Subdivision Plan "Marilyn E. Galbraith, Kenneth George Peacock and Ronald Walter Peacock Subdivision" to create Lots 20-1 and 20-2 from PIDs 55233233 and 55233977. The required variance to reduce the minimum required lot area for Lot 20-1 was approved by the Development Officer on November 2�, 2020. ou may proceed with preparing a final Plan of Subdivision. I Please note as per Section 82 of the Community Planning Act that this approval of the tentative subdivision plan expires one year following the date of approval. Andrew Reid, MCIP RPP Planner 291 I lic i it,. M ~.tint lolm Notice of Development Officer Variance Decision PROPERTY PID: 55233233 and 55233977 File: 2100 Sandy Point Rc Plan Designation: Rural Resource Zoning: Rural (RU) APPLICANT _ Name: Marilyn Galbraith Address: 2100 Sandy Point Road Telephone: 635-0317 E-mail: fixit@aibn.com Landowner: Marilyn Galbraith VARIANCE DESCRIPTION Variance to reduce the minimum required lot area from 40,000 square metres to 23,000 square metres for Lot 20-1 in order to facilitate land assembly for Lot 20- 2 and enable future development. VARIANCE DECISION _ Site Visit: Yes I No [X] omments. A site visit was not considered necessary to make the variance decision. Englobe has conducted a study to confirm suitability of a driveway re- alignment, well, and septic. Neighbour Notice: Yes [ ] No [X] Comments: The nature of the variance should not have an impact on neighbours as Lot 20-1 is larger than other lots in the surrounding area. This variance is being contemplated in advance of a larger public process to rezone Lot 20-2. Decision: Approved [X] Denied Date: 7Wem1160 a ,boon D Comments: The lands affected by the proposed subdivision (Lot 20-1 and Lot 20- 12) are owned by Marilyn Galbraith. The lands currently contain two building lots divided horizontally. In 2017. a lot boundary adjustment was approved to divide the lands horizontally, where previously they were vertically divided. As part of this subdivision. a cul-de-sac was created at the end of Pelton Road and vested to the City, with the onus on the developer to create at the time of development. Currently, the lot to the north is vacant and has access off Pelton Road. The lot to the south contains the Galbraith residence and has access off Sandy Point Road. 292 The proposal would allow for the realignment of the Galbraith residence's driveway lot to make way a second driveway to provide access to the northern "flag lot," Lot 120-2. A buyer has been working with Marilyn Galbraith to obtain Lot 20-2 for development. The proposal conforms to all requirements of the Zoning By-law, with the exception of the minimum lot area required by the Rural (RU) zone for Lot 20-1. The minimum required lot area is 40,000 square metres, whereas the proposed lot is 23,000 square metres. While the magnitude of the variance appears large, there are a variety of reasons for supporting it: 1) The variance is not contrary to the Municipal Plan. The property is designated Rural Resource under Schedule B, which is intended to guide future development. This designation requires lots to be a minimum 4 hectares. Lot 20-1 contains an existing residence and no development is contemplated. The terrain is steep surrounding the Galbraith residence and would make future development difficult. 2) The 2.3 hectare lot is sized appropriately for the neighbourhood context and is in fact much larger than adjacent lots along Sandy Point Road and Pelton Road. 3) Section 8.18 of the Zoning By-law provides the means for the Development Officer to consider such subdivisions for the assembly of land. Further, the proposal is desirable from the point of view that it removes access off Pelton Road. For this reason, a portion of the frontage off Sandy Point Road is required, which has contributed to the undersized lot. 4) Lot 20-1 is reasonably sized and capable of continuing to provide on -site servicing, well, and provide a new driveway. ' For the above -mentioned reasons, the variance to the minimum required lot area can be supported. As a lot boundary adjustment, the subdivision will result in no new net building lots. [Development Officer: Andrew Reid Signature: 293 -�Ik crandall a division of Englobe crandallengineering.ca englobecorp.com M Englobe Ethos Ridge Development Traffic Impact Study PROJECT NO. 2000116 Prepared by: Approved by: Adriana Teran, P. Eng. Traffic Engineer Crandall, a Division of Englobe Peter Allaby, P. Eng., M.A.Sc. Senior Transportation Engineer Crandall, a Division of Englobe T 506.693.5893 • F 506.693.3250 • adriana.teran@englobecorp.com 133 Prince William St, Suite 703 • Saint John (NB) • Canada E2L 2135 Table of Contents 1.0 Introduction................................................................................................ 1 1.1 BACKGROUND...................................................................................1 1.2 STUDY TASKS.....................................................................................2 1.3 HORIZON YEAR.................................................................................. 2 2.0 Information Gathering................................................................................ 3 2.1 STREET AND DEVELOPMENT ACCESS CHARACTERISTICS ................. 3 2.2 TRAFFIC DATA................................................................................... 3 3.0 Traffic Generation and Assignment............................................................ 5 4.0 Level of Service Analysis............................................................................. 7 4.1 LEVEL OF SERVICE CRITERIA.............................................................. 7 5.0 Access Considerations................................................................................. 10 6.0 Summary and Conclusions.......................................................................... 13 Tables Table 1— Traffic Generation for the Proposed Development...........................................................5 Table 2 — Development Traffic Assignment Distribution...................................................................5 Table 3 — Intersection Level of Service Criteria.................................................................................7 Table 4-2026 Background and Projected Conditions Level of Service Results................................9 Table 5 - Sight Distance Criteria......................................................................................................10 Table 6 - Sight Distance Measurement Summary...........................................................................11 Figures Figure1— Site Location Plan.............................................................................................................1 Figure 2 — 2026 Background Traffic Volumes....................................................................................4 Figure 3 — 2026 Traffic Volumes with Development in Place............................................................6 Figure 4 — Sight Distance along Sandy Point Road..........................................................................12 Appendices Appendix A Development Site Plan Appendix B Traffic Counts Appendix C Synchro LOS Results Appendix D Sight Distance Photos of Sandy Point Road Crandall, a division of Englobe Corp. Subject: Ethos Ridge Development Traffic Study November 30, 2020 INTRODUCTION 1.1 BACKGROUND The Ethos Ridge development is proposed in the north end of Saint John, NB between Westmount Drive and Sandy Point Road. The development will consist of a senior adult housing complex with approximately 115 units. The development will be accessible through an access driveway proposed off Sandy Point Road. Ethos Ridge is expected to open in the year 2021. The proposed development location is shown below in Figure 1 and the development site plan is provided in Appendix A. As part of the development approval process, the City of Saint John has requested that a Traffic Impact Study (TIS) be completed for this development. The City's primary concern is to determine how the new development could impact traffic flow and the location of the proposed access and if it meets industry standards. The Study Area for this TIS includes the intersection of Westmount Drive and Sandy Point Road in the vicinity of the development site. Figure 1 —Site Location Plan 1 of 23 Crandall, a division of Englobe Corp. 296 Subject: Ethos Ridge Development Traffic Study November 30, 2020 1.2 STUDY TASKS Them a in objectives of this TIS were to estimate how much traffic would be generated by the new development, determine what impacts this new traffic would have on the surrounding street network, and evaluate the access to Sandy Point Road. The following activities were undertaken as part of this study: • The Study Team visited the site on Wednesday, April 15t", 2020; • Existing traffic volumes were estimated from existing data collection at nearby intersections, and the projection of traffic volumes based on development in the area. Note that a new traffic count was not completed given that results would be unreliable due to COVID-19 restrictions; • The 2020 traffic volumes were projected forward to 2026 by applying a 1.0% annual growth rate; • ITE Trip Generation rates were used to estimate the amount of traffic that will be generated by the new development. These were added to the background traffic volumes to estimate the 2026 total traffic volumes with the development in place; • A LOS analysis was completed for the Study Area using the 2026 background traffic volumes without the development and the 2026 projected traffic volumes with the development in place; • A sight distance analysis was completed to determine if the driveway access to Sandy Point Road meets Transportation Association of Canada (TAC) guidelines; • Alternative access location to the development site was reviewed; and • The methodology, findings, and recommendations of the TIS were documented in this written report. 1.3 HORIZON YEAR A 5-year horizon period was utilized for the analysis. Should all approvals be granted it is expected that the proposed development will be fully operational in 2021, therefore 2026 was chosen as the future horizon year for the analysis. 2 of 23 Crandall, a division of Englobe Corp. 297 Subject: Ethos Ridge Development Traffic Study November 30, 2020 2.0 INFORMATION GATHERING 2.1 STREET AND DEVELOPMENT ACCESS CHARACTERISTICS Sandy Point Road is classified as a local street within the Study Area and mostly serves residential lots and local neighborhood streets. Sandy Point Road intersects Westmount Drive at a stop -controlled intersection, where stop signs are located on the southbound and eastbound approaches, a yield sign is located on the westbound approach and the northbound approach is free flow. Sandy Point Road forms the south and east legs of the intersection while Westmount Drive forms the north leg and Kennebecasis Drive forms the west leg. All intersection approaches have a single lane. Sandy Point Road (east) has a narrow 6.Om paved surface with narrow gravel shoulders, is striped, and has a speed limit of 50 km/h. There are no sidewalks present on either side of the roadway including directly in front of the development site. The Annual Average Daily Traffic (AADT) volume on Sandy Point Road (east) near the site is estimated to be approximately 600 vehicles per day. The Annual Average Daily Traffic (AADT) volume on Sandy Point Road (south) is estimated to be approximately 1,510 vehicles per day. Westmount Drive is classified as a local street. Westmount Drive features curb and gutter along both sides and has a speed limit of 50 km/h. A small number of large single-family residents are located off the roadway. There are no sidewalks present on either side of the road. The Annual Average Daily Traffic (AADT) volume on Westmount Drive is approximately 130 vehicles per day. 2.2 TRAFFIC DATA Traffic patterns have decreased significantly due to the current Covid-19 pandemic. The Study Team determined any data collected in the current situation would not be representative of an average work day, therefore; new traffic counts at the intersection of Sandy Point Road and Westmount Drive were not collected. As an alternative, intersection traffic volumes were estimated using traffic data previously collected by the City at the intersection of Sandy Point Road and Foster Thurston Drive (2015), and data collected by Crandall further west at Kennebecasis Drive and Millidge Avenue (2017). The Sandy Point Road at Foster Thurston Drive 2015 traffic volumes were grown by 10% to meet current day volumes. Traffic volumes were also predicted along Westmount Drive and Sandy Point Road (east) based on trip estimations of the existing developments using the ITE TripGen Web -based App, which is based on the loth Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual. Using the previous traffic counts and ITE predicted volume counts, the Study Team assembled traffic data at the Study Area intersection. These traffic data were projected forward to estimate the background 2026 volumes using a 1.0% annual growth rate. The 2026 background traffic volumes for the morning and evening peak hours used in the analysis are shown in Figure 2. The 2020 traffic volume estimates are included in Appendix B. 3 of 23 Crandall, a division of Englobe Corp. O Subject: Ethos Ridge Development Traffic Study November 30, 2020 Figure 2 — 2026 Background Traffic Volumes LEGEND: XXX AM PEAK HOUR VOLUME A YIELD SIGN Q} PM PEAK HOUR VOLUME d) STOP SIGN 4 of 23 Crandall, a division of Englobe Corp. 299 Subject: Ethos Ridge Development Traffic Study November 30, 2020 3.0 TRAFFIC GENERATION AND ASSIGNMENT Trip generation rates for the proposed development were estimated using the ITE TripGen Web -based App, which is based on the 101" Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual. The Developer provided information regarding the size and type of development that is planned. The development will consist of 115 senior adult housing units. ITE Land Use #252 (Senior Adult Housing - Attached) was used to generate trips for the development. The resulting vehicle trip generation is shown in Table 1. No reductions to these trip rates were made to account for trips made by bus or active modes. This represents a worst -case scenario in terms of traffic generation. Table 1 — Traffic Generation for the Proposed Development Senior Adult Housing 115 Units 8 15 23 16 14 30 437 (ITE Land Use #252) The development traffic was added to Sandy Point Road and Kennebecasis Drive on the distributions shown below in Table 2. These distributions were determined based on existing traffic volume distributions along the street. Table 2 — Development Traffic Assignment Distribution South (via SANDY POINT RD) 84% West (via KENNEBECASIS DR) 16% North (via SANDY POINT RD) 84% East (via KENNEBECASIS DR) 16% The peak hour traffic volumes for the 2026 horizon year were estimated by adding the development traffic to the 2026 background traffic volumes. The 2026 traffic volumes with the development in place are shown in Figure 3. No other known developments are planned near the Study Area at this time. 5 of 23 Crandall, a division of Englobe Corp. Me Subject: Ethos Ridge Development Traffic Study November 30, 2020 Figure 3 — 2026 Traffic Volumes with Development in Place LEGEND: ,- kXX AM PEAK HOUR VOLUME YIELD SIGN f—(XXX) PM PEAK HOUR VOLUME STOP SIGN 6of23 Crandall, a division of Englobe Corp. 301 Subject: Ethos Ridge Development Traffic Study November 30, 2020 4.0 LEVEL OF SERVICE ANALYSIS Level of Service (LOS) analyses were completed using Synchro traffic modelling software for the future 5- year (2026) traffic conditions at the primary development access with the development in place. The findings are discussed in this section. 4.1 LEVEL OF SERVICE CRITERIA The LOS analyses were completed with Synchro 10, which is a traffic analysis software that uses the Highway Capacity Manual and Intersection Capacity Utilization procedures. The intersection performance was evaluated mainly in terms of the level of service (LOS), which is a common performance measure of an intersection. The LOS is determined based on vehicle delay and is expressed on a scale of A through F, where LOS A represents very short delay (<10 seconds per vehicle) and LOS F represents very long delay (>50 seconds per vehicle at a stop controlled intersection and >80 seconds per vehicle at a signalized intersection). A LOS D is often considered acceptable in urban locations; however, some communities will accept a LOS E. The LOS criteria for both signalized and stop control intersections are shown in Table 3. Table 3 — Intersection Level of Service Criteria A Very low delay; most vehicles do not stop (Excellent) less than 10.0 B Higher delay; more vehicles stop (Very Good) between 10.0 and 20.0 Higher level of congestion; number of vehicles between 0.0 and C stopping is significant, although many still pass 35. through intersection without stopping (Good) .0 Congestion becomes noticeable; vehicles must between 35.0 and D sometimes wait through more than one red light; 55.0 many vehicles stop (Satisfactory) Vehicles must often wait through more than one red between 55.0 and E light; considered by many agencies to be the limit of 80.0 acceptable delay This level is considered to be unacceptable to most F drivers; occurs when arrival flow rates exceed the greater than 80.0 capacity of the intersection (Unacceptable) less than 10.0 between 10.0 and 15.0 between 15.0 and 25.0 between 25.0 and 35.0 between 35.0 and 50.0 greater than 50.0 In addition to the LOS criteria described above, the volume to capacity (v/c) ratio, the 95t" percentile queue length, and the average delay were reported for each turning movement. The analysis results for the 2026 background traffic conditions at Sandy Point Road/Westmount Drive without the development in place were summarized in Table 4. The analysis revealed all turning movements during both the AM and PM peak hours operate at an excellent LOS A and no operational deficiencies were identified. Crandall, a division of Englobe Corp. 302 Subject: Ethos Ridge Development Traffic Study November 30, 2020 The analysis results for the 2026 projected traffic conditions with the development at the intersection would perform similarly to the 2026 background traffic conditions. The access driveway at Sandy Point Road would also operate at an excellent LOS A during both peak hours and no operational deficiencies were identified. Model outputs for both 2026 background and 2026 projected conditions are provided in Appendix C. 8of23 Crandall, a division of Englobe Corp. 303 Subject: Ethos Ridge Development Traffic Study November 30, 2020 Table 4 - 2026 Background and Proiected Conditions Level of Service Results Turning Movement LOS Average Delay (seconds per vehicle) Intersection Overall LOS [Volume to Capacity Ratio (v/c)] & 95t" Percentile Queue (m) Delay (sec/veh) Eastbound Westbound Northbound Southbound East-West Street @ Traffic Time L T R L T R L T R L T R North -South Street Control Period 41 1 e 41 t 41 t 41 t 2026 Background Conditions (without development) A B A A AM Peak LOS A Shared 8.7 Shared Shared 10.1 Shared 5.3 Shared Shared Shared 0.0 Shared 6 10.071 [0.06] 10.021 10 01 Sandy Point Rd @ 2 2 1 0 A B A A Westmount Dr PM Peak LOSA Shared 8.7 Shared Shared 10.5 Shared Shared 4.5 Shared Shared 0.0 Shared 6.1 [0.04] [0.04] [0.05] [0.0] 1 1 1 0 2026 Projected Conditions (with development) A B A A AM Peak LOS A Shared 8.7 Shared Shared 10.2 Shared 4.6 Shared Shared Shared 0.0 Shared 7.5 [0.07] [0.08] [0.02] [0.0] Sandy Point Rd @ 2 2 1 0 A B A A Westmount Dr PM Peak LOS A Shared 9.0 Shared Shared 10.7 Shared 4.1 Shared Shared Shared 0.0 Shared 6.1 [0.04] [0.07] [0.05] [0.0] 1 2 1 0 A A A A AM Peak LOS A Shared 2.8 0.0 Shared _ 8.6 8.6 2.5 [0.01] [0.03] [0.02] [0.02] Sandy Point Rd @ 1 <1 1 1 A A A A Access Driveway PM Peak LOS Shared 2.0 0.0 Shared 8.5 8.5 4A [0.01] [0.02] [0.01] [0.01] 11 1 <1 1 1 9 of 23 304 Subject: Ethos Ridge Development Traffic Study November 30, 2020 5.0 ACCESS CONSIDERATIONS This section provides a summary of the access considerations that were reviewed for the development. The proposed access is located on the south end of the development site, on the north side of Sandy Point Road. To satisfy sight distance requirements, it is recommended to locate the proposed access approximately 270.Om north of the Sandy Point Road/Westmount Drive intersection where an existing residential driveway is located. The existing residential driveway should be relocated to the east on Sandy Point Road a minimum of 5.Om from the development access SIGHT DISTANCE ANALYSIS: A sight distance analysis was completed using the guidelines set forth in TAC's Geometric Design Guide for Canadian Roads (2017). Table 9.9.4 of the TAC guideline provides minimum stopping sight distances for various posted speed limits. To be conservative in this analysis, a design speed of 60 km/h was selected (posted speed plus 10 km/h). The TAC Guidelines require 130m of turning sight distance be provided for vehicles turning left onto a roadway for a 60 km/h design speed and 110m of turning sight distance be provided for vehicles turning right onto a roadway with a 60km/h design speed. The minimum required stopping sight distance is 85m on Sandy Point Road for a 60 km/h design speed. TAC Guidelines use a driver eye height of 1.08m, an object height of 1.30m when measuring turning sight distance and an object height of 0.60m when measuring stopping sight distance. In summary the following criteria were applied in this analysis: Table 5 - Sight Distance Criteria Design Speed Minimum Turning Sight Distance (TSD) Required for left turn Minimum Turning Sight Distance (TSD) Required for right turn Minimum Stopping Sight Distance (SSD) Required Driver Eye Height Object Height Location of Approaching Vehicle Driver Eye Location at Access 60 km/h 130m 110 m F-W11 1.08m 0.60m for stopping sight distance 1.30m for turning sight distance 1.0m from centerline of roadway 4.4m from edge of lane, centered on access Sight distances were measured on site and using aerial mapping and topographic survey. Measured sight distances are shown in Figure 4 and the results are summarized in Table 6 and discussed as follows: At the Access Driveway, the existing sight distance to the west on Sandy Point Road is measured at approximately 255.Om and exceeds the minimum turning sight distance for left turns of 130m and the minimum stopping sight distance of 85m for a 60 km/h design speed. The sight distance to the east is approximately 160.6m which exceeds the minimum turning sight distance for left turns of 130m and the stopping sight distance of 85m. Vertical constraints were difficult to perceive to the east of the access 30 of 23 Crandall, a division of Englobe Corp. 305 Subject: Ethos Ridge Development Traffic Study November 30, 2020 driveway and so Sandy Point Road profile was recorded and a sight distance analysis performed which is shown in Appendix D. The vertical curvature of Sandy Point Road shows an average slope of 8.5% to the east of the site and an average slope of 3.1% west of the site. Sight distances and roadway curvature to the east and west of Sandy Point Road access driveway are shown in the site photos in Appendix E. Table 6 - Sight Distance Measurement Summary Sight Distance to the West 255.Om 85m 130m Yes Yes Sight Distance to the East 160.6m 85m 130m Yes Yes 11 of 23 Crandall, a division of Englobe Corp. 306 Subject: Ethos Ridge Development Traffic Study November 30, 2020 Figure 4 — Sight Distance along Sandy Point Road 12 of 23 307 c ra n da I I crandallengineering.ca englobecorp.com a division of Englobe » Englobe 6.0 SUMMARY AND CONCLUSIONS The key findings and recommendations of this Traffic Impact Study are summarized as follows: The Ethos Ridge development is proposed in Saint John, NB between Westmount Drive and Sandy Point Road. The development will consist of a senior adult housing complex with approximately 115 units. The development would be accessible through an access driveway proposed off Sandy Point Road. Ethos Ridge is expected to open in the year 2021. 2. It is expected that the proposed development would generate 23 vehicle trips in the AM Peak hour (8 entering/15 exiting), 30 vehicle trips in the PM Peak hour (16 entering/14 exiting), and 437 vehicles daily. The LOS results for the 2026 horizon period with the development in place suggest that the trips generated by the proposed development would not be expected to have a significant impact on traffic operations along Sandy Point Road. Increases in delay would be marginal. No infrastructure improvements would be required as a result of the proposed development. 4. It is recommended to locate the development access approximately 270 m east of the Sandy Point Road/Westmount Drive intersection as this location would satisfy the minimum turning sight distance of 130m and stopping sight distance of 85m. It is recommended the existing residential driveway at this location be relocated east by at least 5.0m, the minimum driveway separation. We trust the enclosed to your satisfaction. If, however, additional information should be required, please communicate with the undersigned. Yours very truly, 4 �q9-'� Adriana Teran, P.Eng Traffic Engineer Crandall, a division of Englobe Corp. 308 13 of 23 -4"%% crandall a division of Englobe APPENDIX A — DEVELOPMENT SITE PLAN crandallengineering.ca englobecorp.com 0- 1 Englobe 309 Subject: Ethos Ridge Development Traffic Study APPENDIX B - TRAFFIC COUNTS May 22, 2020 311 Sandy Point Rd/Westmount Dr/Kennebecasis Dr AM Peak Hour 8:00-9:00 312 PM Peak Hour 16:00-17:00 313 Subject: Ethos Ridge Development Traffic Study APPENDIX C - SYNCHRO LOS RESULTS May 22, 2020 314 Ethos Ridge TIS 2026 Background Conditions 1: Sandy Point Rd & Kennebecasis Dr & Westmount Dr Timing Plan: AM Peak -11 --1. 4--- t t Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 2 3 62 34 6 0 31 1 11 0 8 2 Future Volume (Veh/h) 2 3 62 34 6 0 31 1 11 0 8 2 Sign Control Yield Stop Free Free Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 2 3 67 37 7 0 34 1 12 0 9 2 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 88 91 10 154 86 7 11 13 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 88 91 10 154 86 7 11 13 tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 100 100 94 95 99 100 98 100 cM capacity (veh/h) 876 782 1071 748 787 1075 1608 1606 Direction, Lane # EB 1 WB 1 NB 1 SIB 1 Volume Total 72 44 47 11 Volume Left 2 37 34 0 Volume Right 67 0 12 2 cSH 1049 754 1608 1606 Volume to Capacity 0.07 0.06 0.02 0.00 Queue Length 95th (m) 1.8 1.5 0.5 0.0 Control Delay (s) 8.7 10.1 5.3 0.0 Lane LOS A B A Approach Delay (s) 8.7 10.1 5.3 0.0 Approach LOS A B Intersection Summary Average Delay 7.6 Intersection Capacity Utilization 24.6% ICU Level of Service A Analysis Period (min) 15 04-15-2020 Synchro 10 Report Page 1 315 Ethos Ridge TIS 2026 Background Conditions 1: Sandy Point Rd & Kennebecasis Dr & Westmount Dr Timing Plan: PM Peak -11 --1. 4--- t t Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 1 4 30 22 4 0 70 7 40 0 4 1 Future Volume (Veh/h) 1 4 30 22 4 0 70 7 40 0 4 1 Sign Control Yield Stop Free Free Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 1 4 33 24 4 0 76 8 43 0 4 1 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 188 208 4 221 186 30 5 51 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 188 208 4 221 186 30 5 51 tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 100 99 97 96 99 100 95 100 cM capacity (veh/h) 741 657 1079 684 675 1045 1616 1555 Direction, Lane # EB 1 WB 1 NB 1 SIB 1 Volume Total 38 28 127 5 Volume Left 1 24 76 0 Volume Right 33 0 43 1 cSH 999 682 1616 1555 Volume to Capacity 0.04 0.04 0.05 0.00 Queue Length 95th (m) 0.9 1.0 1.2 0.0 Control Delay (s) 8.7 10.5 4.5 0.0 Lane LOS A B A Approach Delay (s) 8.7 10.5 4.5 0.0 Approach LOS A B Intersection Summary Average Delay 6.1 Intersection Capacity Utilization 28.1% ICU Level of Service A Analysis Period (min) 15 04-15-2020 Synchro 10 Report Page 1 316 Ethos Ridge TIS 2026 Projected Conditions 1: Sandy Point Rd & Kennebecasis Dr & Westmount Dr Timing Plan: AM Peak -11 --1. 4--- t t Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 2 4 62 47 8 0 31 1 18 0 8 2 Future Volume (Veh/h) 2 4 62 47 8 0 31 1 18 0 8 2 Sign Control Yield Stop Free Free Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 2 4 67 51 9 0 34 1 20 0 9 2 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 94 99 10 158 90 11 11 21 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 94 99 10 158 90 11 11 21 tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 100 99 94 93 99 100 98 100 cM capacity (veh/h) 868 774 1071 742 783 1070 1608 1595 Direction, Lane # EB 1 WB 1 NB 1 SIB 1 Volume Total 73 60 55 11 Volume Left 2 51 34 0 Volume Right 67 0 20 2 cSH 1043 748 1608 1595 Volume to Capacity 0.07 0.08 0.02 0.00 Queue Length 95th (m) 1.8 2.1 0.5 0.0 Control Delay (s) 8.7 10.2 4.6 0.0 Lane LOS A B A Approach Delay (s) 8.7 10.2 4.6 0.0 Approach LOS A B Intersection Summary Average Delay 7.5 Intersection Capacity Utilization 25.9% ICU Level of Service A Analysis Period (min) 15 04-16-2020 Synchro 10 Report Page 1 317 Ethos Ridge TIS 2026 Projected Conditions 2: Sandy Point Rd & Access Rd Timing Plan: AM Peak --,, -*--- Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4 Traffic Volume (veh/h) 8 14 40 0 0 15 Future Volume (Veh/h) 8 14 40 0 0 15 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 9 15 43 0 0 16 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 43 76 43 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 43 76 43 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 99 100 98 cM capacity (veh/h) 1566 922 1027 Direction, Lane # EB 1 WB 1 SIB 1 Volume Total 24 43 16 Volume Left 9 0 0 Volume Right 0 0 16 cSH 1566 1700 1027 Volume to Capacity 0.01 0.03 0.02 Queue Length 95th (m) 0.1 0.0 0.4 Control Delay (s) 2.8 0.0 8.6 Lane LOS A A Approach Delay (s) 2.8 0.0 8.6 Approach LOS A Intersection Summary Average Delay 2.5 Intersection Capacity Utilization 17.8% ICU Level of Service A Analysis Period (min) 15 04-16-2020 Synchro 10 Report Page 2 318 Ethos Ridge TIS 2026 Projected Conditions 1: Sandy Point Rd & Kennebecasis Dr & Westmount Dr Timing Plan: PM Peak -11 --1. 4--- t t Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 1 7 30 34 6 0 70 7 53 0 4 1 Future Volume (Veh/h) 1 7 30 34 6 0 70 7 53 0 4 1 Sign Control Yield Stop Free Free Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 1 8 33 37 7 0 76 8 58 0 4 1 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 197 222 4 230 194 37 5 66 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 197 222 4 230 194 37 5 66 tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 100 99 97 94 99 100 95 100 cM capacity (veh/h) 729 644 1079 671 668 1035 1616 1536 Direction, Lane # EB 1 WB 1 NB 1 SIB 1 Volume Total 42 44 142 5 Volume Left 1 37 76 0 Volume Right 33 0 58 1 cSH 946 670 1616 1536 Volume to Capacity 0.04 0.07 0.05 0.00 Queue Length 95th (m) 1.1 1.7 1.2 0.0 Control Delay (s) 9.0 10.7 4.1 0.0 Lane LOS A B A Approach Delay (s) 9.0 10.7 4.1 0.0 Approach LOS A B Intersection Summary Average Delay 6.1 Intersection Capacity Utilization 29.7% ICU Level of Service A Analysis Period (min) 15 04-16-2020 Synchro 10 Report Page 1 319 Ethos Ridge TIS 2026 Projected Conditions 2: Sandy Point Rd & Access Rd Timing Plan: PM Peak --,, -*--- Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4 Traffic Volume (veh/h) 16 44 26 0 0 14 Future Volume (Veh/h) 16 44 26 0 0 14 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 17 48 28 0 0 15 Pedestrians Lane Width (m) Walking Speed (m/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) pX, platoon unblocked vC, conflicting volume 28 110 28 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 28 110 28 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 99 100 99 cM capacity (veh/h) 1585 878 1047 Direction, Lane # EB 1 WB 1 SIB 1 Volume Total 65 28 15 Volume Left 17 0 0 Volume Right 0 0 15 cSH 1585 1700 1047 Volume to Capacity 0.01 0.02 0.01 Queue Length 95th (m) 0.3 0.0 0.3 Control Delay (s) 2.0 0.0 8.5 Lane LOS A A Approach Delay (s) 2.0 0.0 8.5 Approach LOS A Intersection Summary Average Delay 2.4 Intersection Capacity Utilization 19.9% ICU Level of Service A Analysis Period (min) 15 04-16-2020 Synchro 10 Report Page 2 320 Subject: Ethos Ridge Development Traffic Study May 22, 2020 APPENDIX D - SIGHT DISTANCE ANLAYSIS AND PROFILE OF SANDY POINT ROAD 321 k ow , 50 49 48 47 46 45 44 43 42 41 40 39 38 m 37 rm n 36 ti O Z 35 34 33 32 31 30 29 28 27 26 25 24 23 PROPOSED SITE DRIVEWAY CIVIC#2100 RELOCATED RESIDENTIAL DRIVEWAY /I SANDY POINT ROAD—�— _�� o � w� o \ w ' i j ;uwljl j U Z W N0. DATE REVISIONS U c 50 49 48 47 46 45 44 43 42 41 40 39 38 37 Z 0 36 a W 35 W 34 33 32 31 > u 30 70 29 >�� mow 28 =QC) <0 27 = 26 r m 25 24 23 0+090 0+120 0+150 0+180 0+210 0+240 0+270 323 0+300 0+330 0+360 0+390 0+420 N NpN N u1 Ian of N aY N aD 0mm10 00 Iq I�np n N N N M nn M M u1 M N W t010 t0 I�ApN (O < N M N O� woo a0 M M a I� s I� W N O1 N t0 om 4J W 0 W wO 0 M m0 M b MM N W W 0 u1 m MM of 0 so 0� 0 N 0 0 N 0 a< N Y M M h M M M M �p M M M M M Mnl ��0pp1 M M M M M M M M ��pp M M M M ,f,((0�a(O M M ,(N,(O�N M M M N M ,+0,/��O in M M M pp M M M N N N N N N N N N N N N N N N N N N N N N N — SIGH DI � f- 2 E w a, \ OF R \ ZCENTEq LOCATED \ \ RESIDENTIAL DRIVEWAY \ �F \ \ �=-Lt APP XIM TELY 2 5.0 m FULL L N TH N T S OWN) 160.E I I I —,"%A Crandall A DIVISION OF ENGLOBE TRAFFIC IMPACT STUDY ETHOS RIDGE DEVELOPMENT SANDY POINT ROAD PROFILE INTERSECTION SIGHT DISTANCE CHECK 5m6=s6EEsmmd --- --- 1:500 HonzmVal (Fall Seale) Checked By Cadd Check 1:50 Verllcel (Full Seale) Sheet "— of 00 Name 2000116 SURVEY.DWG wing No. C-02 Subject: Ethos Ridge Development Traffic Study May 22, 2020 APPENDIX E - SIGHT DISTANCE PHOTOS OF SANDY POINT ROAD 324 P:4�Da II .f,�. i1r FF 1 ��� i P�`g. f � •�! his r A Subject: Ethos Ridge Development Traffic Study May 22, 2020 VIEW TO THE EAST AT THE ACCESS DRIVEWAY LIMITED BY VERTICAL CONSTRAINTS (SIGHT DISTANCE = 63.4M) 326 Subject: Ethos Ridge Development Traffic Study May 22, 2020 VIEW TO THE WEST AT THE ACCESS DRIVEWAY (SIGHT DISTANCE = 250.OM) 327 PROPOSED MUNICIPAL PLAN AMENDMENT RE: LANDS ADJACENT TO 2400 OCEAN WESTWAY Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Re -designate on Schedule A of the Municipal Development Plan, land having an approximate area of 0.4 hectares, located adjacent to 2400 Ocean Westway, also identified as a portion of PID No. 55095855, from Park and Natural Area to Rural Resource Area as illustrated below; 2. Re -designate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.4 hectares, located adjacent to 2400 Ocean Westway, also identified as a portion of PID No. 55095855, from Park and Natural Area to Rural Resource Area as illustrated below; A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall with a remote participation option on Monday, January 11, 2021. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : TERRAINS ADJACENTS AU 2400, VOIE OUEST OCEAN Par les presentes, un avis public est donne par lequel le conseil communal de ville de Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit : 1. Modifier la designation, a I'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 0.4 hectares, situee adjacent a 2400, voie Ouest Ocean, et une partie de NID 55095855, afin de la faire passer de parc or aire naturelle a secteur de ressources rurales, comme it est indique ci- dessous; 2. Modifier la designation, a I'annexe B du plan, d'une parcelle de terrain d'une superficie d'environ 0.4 hectares, situee adjacent a 2400, voie Ouest Ocean, et une partie de NID 55095855, afin de la faire passer de parc or aire naturelle a secteur de ressources rurales, comme it est indique ci- dessous; Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal, qui se tiendra dans la salle du Conseil a ('hotel de ville avec une option de participation a distance par conference Web le lundi 11 janvier 2021. 328 REASON FOR CHANGE: RAISON DE LA MODIFICATION: To construct a new access road for an existing Construire une nouvelle route d'acces a une quarry. carrie Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 10, 2021. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk 658-2862 Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 10 fevrier 2021 a I'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du developpement communautaire a I'hotel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf Ies fours feries. Jonathan Taylor, Greffiere communale 6582862 i. i I I! a � � .. .f _5 •'S i 5' J4 ti 329 0,1.'V 5t, I Developiifient Shop ,. — ]L IL[):`:;nI':i R..`.S]Li [' +I: S1tiTJOIV onestop@saintjohn.ca Phone: Fax:632-6199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS: Ocean Westway & Katie Drive PID#: Portions of PID 55095855 & 00369496 N HERITAGEAREA: Y/ N INTENSIFICATION AREA: Y/ N FLOODRISKAREA: Y/ N APPROVEDGRADINGPLAN: Y/ N APPLICATION #: DATE RECEIVED: RECEIVED BY: APPLIRUghes Surveys & Consultants Inc. on EMAIL PHONE z behalf of Galbraith Construction Ltd. rick.turner@hughessurveys.com (506)634-1717 O MAILING ADDRESS POSTAL CODE Q 575 Crown Street, Saint John, NB E2L 5E9 CONTRACTOR /DEVELOPER EMAIL PHONE O Galbraith Construction Ltd. z — F- MAILING ADDRESS POSTAL CODE Q c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E2L 5E9 U J OWNER EMAIL PHONE a Galbraith Construction Ltd.,& The City of Saint John a a MAILING ADDRESS POSTAL CODE c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E2L 5E9 PRESENT UVkant land sub'ect to a pipeline easernNPOSED USE: Development of the Ocean Westway By-pass Road J BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION NEW CONSTRUCTION ❑VARIANCE ❑ STREET EXCAVATION ❑ HERITAGE DEVELOPMENT Q ❑EXTERIOR RENOVATION ❑ACCESSORYBLDG ❑PLANNING LETTER El DRIVEWAY CULVERT ❑HERITAGE SIGN ❑ADDITION ❑POOL PAC APPLICATION ❑DRAINAGE ❑HERITAGEINFIILL J Q ❑ DECK ❑ DEMOLITION ®COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y ❑ CHANGE OF USE ❑SIGN ❑ SUBDIVISION —]OTHER ❑ OTHER U MINIMUM STANDARDS ❑OTHER ❑OTHER o Details of the proposal for a quarry haul -truck by-pass road for the Ocean Westway residential area is o attached to the Council Application included in this submission. Y o U N W ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Offcer: City Hall Building Nth Floor - 15 Market Square Saint John, NB E2L IE8 commonclerk(&,saintiohn.ca (506) 658-2862 The Gry Of Sain[ Sohn I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Hughes Surveys & Consultants Inc. on behalf Galbraith Construction Ltd. f Galbraith Construction Ltd. - RicharclTurner David Galbraith Applicant Name Owners Authorization Applicant Signature Owners Signature October 15, 2020 October 15, 2020 Date Date 330 Ceiii jQhCouncil Application Dnprent Shop GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑ Land for Public Purposes ❑ Non -Conforming Use ❑ Satisfactory Servicing Release Service Fee: $200 Service Fee: $200 Service Fee: $300 ❑ Section 39 Amendment ❑ Zoning By-law Amendment ❑ Zoning By-law Amendment with Service Fee: $2,500 Service Fee: $2,500 a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. on behalf of Galbraith Construction Ltd. - Richard Turner Registered Owner or Authorized Agent See Owners Authorization on General Application Form Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 20/01/2017 331 Description of Application Ocean Westway Bypass Road Proposal Background and Proposal As a result of a review in 1993 by the city Development Services Department, Legal Department and Municipal Operations the city encouraged the proponent to consider constructing an Ocean Westway by-pass road utilizing the water pipeline easement and Katie Drive as a by-pass. Since that time, the proponent has explored several options and has come back to the route suggested by city staff in 1993 as other options have proven not feasible. The proposed by-pass access road will be a self financed private investment by the owner of the quarry in the Ocean Westway area. The investment will cost the owner more than $300,000. The purpose of the investment is to limit the traffic noise associated with the existing Spruce Lake Quarry operations. The re -designed road network for the quarry will allow haul -truck traffic to by-pass more than twenty residential properties and create a direct route from the Ocean Westway - quarry road junction to the Route 1 interchange. WAWA Permit The proponent has a Watercourse and Wetland Alteration permit from the Department of Environment and Local Government to construct the bypass road. The application approved by the Department of Environment and Local Government showed an option where the road is very close to the stream. We propose to build the access road partly within the easement on the land -owners property but further away from Spruce Lake Stream to mitigate potential issues. Impacts on Waterline Infrastructure With respect to the access road construction crossing the water pipeline and running parallel to the water pipeline, an engineering consultant with proven experience in assessing major water transmission mains and performing structural designs will be engaged by the applicant. They will be engaged to review and make recommendations with respect to the road alignment and construction standards to be employed. The proposal will result in Katie Drive being upgraded which will provide city staff a direct upgraded access to the Water Pipeline Right of Way. In addition, the bypass road will run parallel and no closer than 5 metres to the water pipeline other than where the engineering firm deems feasible and where the crossing will take place. The by-pass access road will provide easy and convenient access to city staff along the pipeline should they need to inspect or work on the pipeline in this area at anytime of the year. I I P a g e 332 Katie Drive Standards The existing intersection of Katie Drive with Ocean Westway was found to have inadequate site distance in its present condition. To assure safety for the motoring public and his operators the owner engaged Crandall Engineering to review the access where Katie Drive intersects Ocean Westway at the King William Road Interchange. The traffic engineer made recommendations that will result in general safety improvements at this intersection and provide for safe site distance for the Katie Drive intersection at Ocean Westway. A copy of the "Crandall Engineering Ocean Westway Access Review" report is included with this submission. Katie Drive will be upgraded to city specifications including curbing and pavement up to the rear of adjacent lots fronting on Ocean Westway. The remainder of the access road will be constructed to a suitable standard for its intended use as a haul -truck access road. City Land A parcel of land owned by the City of Saint John is included in this submission (PID 00369496). This parcel is under agreement of purchase and sale to Galbraith Construction Ltd. by a resolution by Common Council. The transfer is pending. Variances Required To carry out the proposal variances are required with respect to minimum distance requirements from existing properties. While this proposal places the haul -road traffic a significant distance further away from the residences along Ocean Westway truck traffic along Ocean Westway is permitted. To improve the situation for the residents in the neighbourhood a variance with respect to minimum distances from property lines along the by-pass road corridor shown on the submitted plan is respectfully requested. Submitted by Hughes Surveys & Consultants Inc. Rick Turner on behalf of Galbraith Construction Ltd. 2 1 P a g e 333 Variance Application Dovelvp�s euthop� GROWTH & COMMUNITY DEVELOPMENT SERVICES PLANNING INFRASTRUCTURE CITY OF SAINT JOHN CIVIC ADDRESS I Ocean Westway & Katie Drive APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑ Tier 1 Variance X Variances not greater than 25% of a numeric standard Service Fee: $50 plus $10 per additional variance Tier 2 Variance Variances greater than 25% of a numeric standard Service Fee: $100 plus $20 per additional variance PAC Variance Variances considered by the Planning Advisory Committee Service Fee: $300 plus $60 per additional variance DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. LOCATION: The development is located north of Ocean Westway on Portions of PID 55095855 & 00369496 To carry out the proposal variances are required with respect to minimum distance requirements from existing properties. While the proposal places the haul -road traffic a significant distance from residences along Ocean Westway truck traffic on Ocean Westway is permitted. To improve the situation for for the residents in the neighbourhood a variance with respect to minimum distances from property lines along the by-pass road corridor shown on the submitted plan is respectfully requested. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The area proposed to be rezoned is subject to the Spruce Lake to Church Avenue Water Pipeline Right of Way described in registry office document 229306. A copy of the document is included in this submission. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. on behalf of Galbraith Construction Ltd. — Richard Turner See Owners Authorization on General Application Registered Owner or Authorized Agent October 16, 2020 Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. the submitted plan is respectfully requested. 334 00286690 / GALBRAITH 1 1 1 CONSTRUCTION 003 F SP\N XX /4�1 5 00369694 / GALBRAITH CONSTRUCTION ,� � � TRANSITION FROM 2:1 TO 1.5:1 SLOPE � \ TOE OF 1.5:1 SLOPE \ /00369736 \ GALBRAITH 0 \ z CONSTRUCTION co TOE OF 2:1 Q \ O z SLOPE \ O a / \ 00286500 �, a , � G GALBRAITH q / / / CONSTRUCTION (ZTRANSITION FROM \ 1 P� ova �a� / / // / 1.5:1 TO 2:1 SLOPE l TOE OF 2.1 SLOPE a STREAM WIDTH IS APPROXIMATELY 3m BUT VARIES. QQJV� ��Q�1 LOCATION TAKEN FROM SNB WATERCOURSE AND WETLAND MAPPING. / \ / 55095855 NEW DITCH 0 GALBRAITH / /TOP OF 2:1 SLOPE CONSTRUCTION m \ TRANSITION FROM 1.5:1 TO 2:1 SLOPE EXISTING CROSSING / TOE OF 2:1 / / / �P� SLOPE / 5� U) > / (L Profile Ocean Westway Bypass 60 60 59 59 58 58 57 57 561 56 ° 54 4,w 54 53 53 52 52 51 F � 51 50 '23 EXISTING WATER LINE 50 49 49 48 48 47 147 O u7 O O N n N O n O � O 00 4 F r- 7 n ORIGINAL GROUND 0) 0 0+000 O Lq 0+100 0+200 0+300 0+400 0+500 0+600 0+700 0 O 0) �° FINAL GRADES t � L0 ISSUED FOR WAWA PERMIT 24-MAR 0 APPLICATION 2020 JLP No. Revisions Date By HUGHES SURVEYORS - ENGINEERS L�LHughes Surveys & Consultants Inc. (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E21- 5E9 eMail : info®hughessurveys.com Stamp Project Title OCEAN WESTWAY BYPASS GALBRAITH CONSTRUCTION Drawing Title WAWA PERMIT APPLICATION PLAN Et PROFILE GRAPHIC SCALE (IN METRES) CADD By 10 0 10 20 30 40 50 JLP Project No. 1 500 Y19042- Chk'd by Scale RET HORZ. 1:1500 Phase Revision Sheet 0 W1 0 N 0 N 0 to t U L 0 T O C C O o_ o_ N O W } M U N O rn / 0 0 rn 0 N No RIP RAP TO NBDOT STANDARD SPECIFICATION ITEM 608, TYPE R-A, MIN 300mm THICKNESS OVER TERRAFIX 40OR GEOTEXTILE EROSION PROTECTION 5000 C 5000 PROPOSED FINISH GRADE ORIGINAL GROUND 3 0 2 �1 r` 100mm CRUSHED GRAVEL OR 115mm ASPHALT SURFACE 150mm GRAVEL BASE 450mm PIT -RUN GRAVEL SUB -BASE TYPICAL ROADWAY CROSS SECTION - CUT Sta. 0+240± to Sta. 0+336± N.T.S. 5000 ¢ 5000 PROPOSED FINISH GRADE ORIGINAL GROUND ME -�v 2 0 0 0 0 1 ? FLOW DIRECTION - 100mm CRUSHED GRAVEL OR 115mm ASPHALT SURFACE / 150mm GRAVEL BASE 300mm 450mm PIT -RUN GRAVEL SUB -BASE ROADWAY CROSS SECTION - WITH CULVERT RIP RAP TO NBDOT STANDARD SPECIFICATION ITEM 608, TYPE R-A, MIN 300mm THICKNESS OVER TERRAFIX 40OR GEOTEXTILE EROSION PROTECTION Sta. 0+240± N.T.S. 1000 ¢ 5000 PROPOSED FINISH GRADE .-- 3% / 2% ° ° ORIGINAL GROUND 2:1 0 ISSUED FOR WAWA PERMIT APPLICATION i No. Revisions '--100mm CRUSHED GRAVEL OR 115mm ASPHALT SURFACE 150mm GRAVEL BASE 450mm PIT -RUN GRAVEL SUB -BASE TYPICAL ROADWAY CROSS SECTION - SINGLE LANE Sta. 0+160± to Sta. 0+240± N.T.S. 5000 C 5000 PROPOSED FINISH GRADE 3% VARIES -SEE INDIVIDUAL SECTIONS FOR SIDE SLOPE ORIGINAL GROUND 2 1 _ Wiz✓ �v���� � � -- __ �— / 100mm CRUSHED GRAVEL OR 115mm ASPHALT SURFACE 150mm GRAVEL BASE 450mm PIT -RUN GRAVEL SUB -BASE TYPICAL ROADWAY CROSS SECTION - FILL Sta. 0+000 to Sta. 0+160± and Sta. 0+540± to Sta. 0+720± 24-MAR JLP 2020 Date By HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E2L 5E9 eMail : info®hughessurveys.com Stamp Project Title OCEAN WESTWAY BYPASS GALBRAITH CONSTRUCTION Drawing Title WAWA PERMIT APPLICATION TYPICAL SECTIONS CADD By I Chk'd by I Scale JLP I RET I AS SHOWN N.T.S. Project No. Phase Revision Sheet Y19042- 0 W2 0+200 o� 55 5! w Cr a w % 50 ORIG LIDA «� w 51 y o `g WATER 1 —_ — — er� TRANSMISSION LINE C7 45 4! An =20 0 -10 U 0+180 10 i 65 o� 60 61 o a 55 5! WATER 50 51 45 4! ) 5! i 51 ) 5! i 51 4 2�0 4020 —10 0 10 2Q 0 4520 65 0+300 65 0� J w U �a Qw 50 �Y 3% _ 5 — _ 1.5:1 WA TER TRANSMISSION LINE 45 4 An =20 clue 0+160 10 5 ) 5 60 6 ORIGINA GROUND 55 % 5 50 5 WATER T SMISSION LINE 45 4 ) 65 5 ( ) 5 P —10 ,u 10 :fi7 55 50 5 &1 ) 65 5 ( ) 5 P —10 ,u 10 :fi7 55 50 5 &1 0 61 30m WETLAND fER ORIG/h AL GROUND (LIDAR 3% 3 5 5! 0 51 i 200 4- 0 —10 0 10 200 —20 —10 0 10 205 so 0+240 so 65 0+550 65 55 00 Z) ry �� a� 50 ¢ �g � ORI w INAL GROUND U 51 — — — 1.5:1 WA ER —� TR SMISSION LINE 45 4! A =20 QlC] 0+100 10 r 55 5! LIDA 3%�— 3% — — --------- t I 50 51 / WA ER TRANSMISSION LINE 45 4! i E i i E i 30m WETLAND 61 0 BUFFER ORIGINAL GROU 3% 0 3% 5 2,1 WET ND 5! 0 51 20 0 —20 —10 0 10 2Q 0 4520 60 0+220 60 55 �o ORIGINAL GROUND 50 2:1 1 51 TRANSMISSION LINE 45 �sJ =NJ 11K i 55 5! (LIDAR) w U a 3% — 50 � a 5l a Y /WATLH J U 45 4! 2t0 4020 =NJ Lei 10 i i 240 nut 0 0+ 991 10 0 ISSUED FOR WAWA PERMIT 24-MAR JLP APPLICATION 2020 No. Revisions Date By i HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. ) (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E2L 5E9 eMail : info®hughessurveys.com Stamp 20 5 Project Title OCEAN WESTWAY BYPASS GALBRAITH CONSTRUCTION Drawing Title WAWA PERMIT APPLICATION SECTIONS GRAPHIC SCALE (IN METRES) CADD By Chk'd by Scale HORZ. 1 :200 4 0 4 8 12 16 20 JLP RET VERT. 1:200 Project No. Phase Revision Sheet 1 200 Y19042- 0 W3 2t0 4020 =NJ Lei 10 i i 240 nut 0 0+ 991 10 0 ISSUED FOR WAWA PERMIT 24-MAR JLP APPLICATION 2020 No. Revisions Date By i HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. ) (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E2L 5E9 eMail : info®hughessurveys.com Stamp 20 5 Project Title OCEAN WESTWAY BYPASS GALBRAITH CONSTRUCTION Drawing Title WAWA PERMIT APPLICATION SECTIONS GRAPHIC SCALE (IN METRES) CADD By Chk'd by Scale HORZ. 1 :200 4 0 4 8 12 16 20 JLP RET VERT. 1:200 Project No. Phase Revision Sheet 1 200 Y19042- 0 W3 Vcrandall a division of Englobe January 22, 2020 David Galbraith Galbraith Construction Ltd. 660 Ready Street, Saint John, NB E2M 3S5 Subject: Review of Proposed Development Access on Ocean Westway Ref.: 2000013 Mr. Galbraith: c rand al leng i nee ri ng .ca englobecorp.com & Englobe Crandall was retained to complete a review of a proposed driveway access to a property off Ocean Westway in west Saint John. It is understood that the subject property is proposed to be developed as a gravel pit. Initial concerns with the access location were that inadequate turning sight distance would be available at the access due to the horizontal curvature of Ocean Westway. Therefore, sight distance was the focus of this review. Existing Conditions The proposed access location is approximately 68m west of King William Road (refer to Figure 1). Currently, the geometric configuration of the King William Road/Ocean Westway intersection allows westbound traffic on King William Road to turn right onto Ocean Westway at a high speed. The intersection radius appears to be similar to the original curvature in Ocean Westway when it was a single through road before King William Road was constructed. Therefore, traffic could be making this right turn at 60km/h or higher. The sight distance analysis was completed using the guidelines set forth in the Transportation Association of Canada (TAC)'s "Geometric Design Guide for Canadian Roads (2017)". A design speed of 60 km/h was selected for both directions on Ocean Westway for the existing conditions analysis. A WB-20 design vehicle (tractor trailer) was selected for the analysis given the nature of the proposed development. The TAC Guide recommends that 130m of turning sight distance be provided for passenger vehicles turning left from an access and 195m of sight distance be provided for tractor trailers turning left. For right turns, TAC recommends 110m and 175m of sight distance be provided for passenger vehicles and trucks, respectively. These sight distances are based on the premise that an approaching vehicle on the main road does not need to slow down to less than 70% of its operating speed to allow a vehicle to enter from the access. The available measured sight distance at the proposed access as well as the minimum TAC recommendations are shown in Table 1. The sight distance to the east does not satisfy the minimum turning sight distance given the speed that vehicles can make the right turn from King William Road. Proposed Improvements To mitigate the sight distance restrictions to the east, it is proposed to configure the curb radius at Ocean Westway/King William Road to be 16m (Drawing C01 attached). This is a typical intersection radius that would require vehicles to slow down to make the turn (assumed to be approximately 20 km/h). The reduced radius will still accommodate truck turning movements as illustrated in Drawing CO2. Crandall, a division of Englobe Corp. T 506.693.5893 • F 506.693.3250 • peter.allaby@englobecorp.com 133 Prince William St., Suite 703 'Snot John (NB) • Canada E1E 4C9 Subject: Review of Proposed Development Access on Ocean Westway January 22, 2020 Ref.: 2000013 For a 20 km/h speed, TAC requires a minimum turning sight distance of 45m for passenger vehicles and 65m for tractor trailers. Therefore, with this improvement in place, minimum sight distance requirements would be satisfied. Additionally, the spacing of 70m from the access to the new intersection curb line exceeds TAC recommendations for minimum driveway spacing from a minor intersection. The improved intersection delineation will also result in general safety improvements at this intersection. We recommend that the intersection radius be realigned as proposed in Drawing C01. Table 1 — Existing Sight Distance versus TAC Minimums Measured Sight Distance Minimum Sight Distance Recommended by TAC Minimum Sight Distance Met? passenger Vehicle WB_20 Sight Distance to the East (60 kph) 67m 130m 195m No Sight Distance to the West (60 kph) >200m 130m 195m Yes Table 2 —Sight Distance with Intersection Improvements Measured Sight Distance Minimum Sight Distance Recommended by TAC Minimum Sight Distance Met? passenger Vehicle WB_20 Sight Distance to the East (20 kph) 70m' 45m 65m Yes Sight Distance to the West (60 kph) >200m 130m 195m Yes 'This is the distance to the new curb line on King William Road We trust the enclosed to your satisfaction. If, however, additional information should be required, please communicate with the undersigned. Yours very truly, Peter Allaby, P.Eng. M.A.Sc., Service Director, Civil and Transportation Engineering C. c. Rick Turner, Hughes Surveys Q:\2020\2000013—Ocean Westway Access Review\Admin\Reports\Ocean Westway Access Review_20200122.docx Crandall, a division of Englobe Corp. 339 2 of 2 FIGURE 1 - ACCESS LOCATION AND EXISTING SIGHT DISTANCE ACCESS LOCATION 67.0 m �� ,41 340 NOTES NCO �'F• - J./;y,y ,�Z•'. MATCH TO EXISTING PAVEMENT MARKINGS / \�? *� Iy k,, / Luo - EXTEND SIDEWALK %�', / / NEW CURB AND GUTTER (LENGTH=50.7m) NEW YELLOW DIRECTIONAL DIVIDING LINE (LENGTH = 49m) / �ING NEW LANDSC (AREA = 115m') - EXISTING UTILITY POLES _ A.0 JAN 22/20 ISSUED FOR REVIEW RELOCATE EXISTING STREET SIGN NO. DATE REVISIONS / AND CUL-DE-SAC SIGN '+ m EXISTING UTILITY POLE oM RELOCATE EXISTING OVERHEAD FLASHING LIGHTS TO NEW OVERHEAD WIRE PROPOSED ACCESS 01 M 3 i i 4,ya n a I I / / MATCH TO EXISTING �\ �/ LANE EDGE LINE �- A DIVISION OF ENBLOBE iI EXISTING UTILITY POLE OCEAN WESTWAY NEW YELLOW CENTERLINE s\ (LENGTH - 40m) NEW STOP BAR .�, 0� eoFpP co tPJ EXISTING PAVEMENT MARKINGS eE PROJECT TITLE •!\°,5 �- / ti- �, REVIEW OF PROPOSED DEVELOPMENT ACCESS ON OCEAN WESTWAY SAINTJOHN N.B. DRAWING TITLE PROPOSED RECONFIGURATION Scale Drawn By Design By JTGB JTGB 2.5. Checked By Cadd Check - — • (7:2 50 FULL SCALE) PA _qq LE JTGB .. •. aT.w .;. - , .. 1. "x- .� '- < ! �? 5 J Sheet01 of 02 File Name .i`S+tM�`.., }v - •..:r- �' - - 2000013 C1-CONCEPT.DWG �• � F - '��- v* _ - Drawing No. Y >v 341 Col `. / ,' NOTES 6 OAP MATCH TO EXISTING 1� •� PAVEMENT MARKINGS / WB-20 —Interstate Semi—Trnaer ( 1 Overall Len th 22.410m EXTEND SIDEWALK / / overall Wide, 259om Overall Bod Hei ht 4.110m Min Body Groundg Clearance 0.407m / Max Track Width 2.590m Lock —to —lock time 6.0Os / A Max Steering Angle (Vrtual) 28.40' \\ NEW C/ < - URB AND GUTTER 0 NEW YELLOW DIRECTIONAL DIVIDING LINE (LENGTH = 49m) (LENGTH=50.7m) R BSD v NEW LANDSCAPING / (AREA= 115m') EXISTING UTILITY POLES ,��'� ISSUED FOR REVIEW JTGB PA RELOCATE EXISTING STREET SIGN NO. DATE REVISIONS BY APPR. AND CUL-DE-SAC SIGN 6 � �EXISTING UTILITY �� RELOCATE EXISTING OVERHEAD FLASHING LIGHTS 1 off' TO NEW OVERHEAD WIRE Y w PROPOSED ACCESS . crandaII / MATCH TO EXISTING ='\ LANE EDGE LINE �• A DIVISION OF ENCIOBE i EXISTING UTILITY POLE OCEAN WESTW NEW YELLOW CENTERLINE — (LENGTH = 40m) NEW STOP BAR OIL r � a EXISTING PAVEMENT MARKINGS ° tom t — girt - +•, PROJECT TITLE REVIEW OF PROPOSED J DEVELOPMENT ACCESS ON t OCEAN WESTWAY 100 _ SAINT JOHN N.B. DRAWING TITLE PROPOSED RECONFIGURATION SHOWING TRUCK MOVEMENTS ' / \ Scale Drawn By Design By NF o JTGB JTGB zsm® Checked By Cadd Check N `(1:250 FULL SCALE) PA JTGB t + Sheet 02 of 02 1 {: File Name Mff-�:•.., �1� - 2000013 C1-CONCEPT.DWG Drawing No, 342 cot COMMON COUNCIL REPORT M&C No. N/A Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 82 Mecklenburg Street (PID 00006379) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth I John Collin RECOMMENDATION RESOLVED, that the building located at 82 Mecklenburg Street, PID# 00006379, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the SaintJohn Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, 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 Part 13 of the Local Governance Act for the building located at 82 Mecklenburg Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 82 Mecklenburg Street have revealed that there is one building on the premise; a two -storey, four -unit apartment building. Staff first became aware of the building's vacancy in February 2019 and began standard 343 sa enforcement procedures. The property is located in an urban centre residential zone on the City's South -Central Peninsula outside of the Heritage Conservation Area. The property is currently assessed at $143,200 as per Service New Brunswick's Land Registry. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The building was unsecured for an extended period of time which lead to multiple break-ins. Drug paraphernalia and evidence of other criminal activity was found in the building during the internal inspection. The building is experiencing significant water infiltration. At the time of the inspection, ice had accumulated on the floor and on a staircase in the building. The water infiltration had also caused the ceiling's dry wall to collapse in multiple locations. Further description of the building's condition can be found in the attached Inspection Report. A Notice to Comply was issued on October 21, 2020 and was posted to the building on October 22, 2020 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists one individual as the owner of the building. The Notice provided the owner with 60 days to remedy the conditions at the property. The owner did not file a Notice of Appeal within the time frame provided. A compliance inspection was conducted on December 23, 2020 which revealed that the conditions have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. Also included are photos of the exterior of the building. The Local Governance Act indicates that where a building has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation and resulting hazard to safety of the public. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the building on December 17, 2020. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES 344 -3- As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is estimated at $30,000. Upon approval of the recommendation, staff will seek competitive bidding in accordance with the City's purchasing policy. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with the request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, General Counsel registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Affidavit of Service — Notice to Comply Affidavit of Service — Notice of Common Council Hearing Photos 345 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT E2 t" &OIC- ��j51AM,'7 , SAINT JOHN, N.B. { PID number 637t{ } AFFIDAVIT OF SERVICE I, wry , of Saint John, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On c � 22, U7 , at approximately +.•� , I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit `B" to the front door of the building that is located at A'?, AaL !t-` jn :. , Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the ZZ, day of 2020 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 20WZ15' 346 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) FORMULE 4 AVIS DE CONFORM1Tt — LIEUX DANGEROUX OU INESTHtTIQUES (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 19, par.132(2)) This is Exhibit r Pt" Parcel identifier: Referred to in the AfEldgllafikro d'identification de la parcelle : PID # 00006379 Sworn before me at the City of N I D : 00006379 Saint John, Now Brunswldc Address: 82 Mecklenburg .. rue Mecklenburg, Saint John, NB NB Tzrolluld Commissioner of Oaths Owner(s) or Occupier(s): Name: Larry Matthew King Address: 396 Point Road, Saint John NB, E2M 7.19 Proprietaire(s) on occupant(s) : Nom : Larry Matthew King Adresse : 396 route Point, Saint John NB, E2M 7.19 Local government giving notice: The City of Saint Gouvernement local signifiant 11avis : The City of John 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"). Arreti enfreint : Arrite relatif aux lieux inesthitiques et aux bdtiments et constructions dangereux de Saint John, Arret6 num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' <(Arret6 o). Provisions) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragrapher 6(l ), 6(2) 6(3) of the By-law. et paragraphe 6(3) de I'Arret6. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated October 21, 2020 prepared by Benn Purinton, by-law enforcement officer, reviewed and concurred in by Christopher McKiel, P. Eng., by-law enforcement officer. What most be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- Description de la (des) situation(s) : Les lieux sont inesth6tiques en permettant la presence de ferraille, de d6tritus et le bitiment delabre. Le bitiment est devenu dangereuse pour la s6curite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement. Les conditions du bitiment et des lieux sont ddcrites i 1'annexe «A », une copie conforme du rapport d'inspection en date du 21 octobre 2020 et pr6paM par Benn Purinton, une agente charge de 1'ex6cution des arr6tis du gouvemement local, r6vis6 et en d'accorde aver par Christopher McKie], ing., une agente charg6 de 1'ex&ution des arretes du gouvernement local. Ce qu'il y a lieu de faire pour y remidler: La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bitiment et les lieux en conformit6s aver I'Arr d. Dans PkventualM que la proprietaire ne rem6dient pas le bitiment et les lieux dans le temps prescrit par le pr6sent avis de conformite, le bitiment pourront etre demolis comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curiti du public et les Iieux pourront etre nettoyds. Dans I'6ventualite de demolition, tous les d6bris et autres items sur les lieux seront disposes eomme mesure corrective dans le but de rem6dier le danger pour la s6curite du public. Les mesures correctives susmentionn6es relativement a la demolition du bitiment et la disposition des d6bris et autres items sur les lieux ne comprennent pas le 347 up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date before which the condition must be corrected: a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. nettoyage, la remise en dtat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dens le but de controler ou de r6duire, d'dliminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant daps ou sur 1'environnement ou toute partie de 1'environnement. DOM imparti pour y rem6dier: a) La demolition du bitiment et le nettoyage des lieux doivent etre completees, ou i laquelle les plans et demande de permis pour les mesures des r6parations, doivent titre soumises, dans les 60 jours qui suivent la signification de I'avis de conformitd. b) Les reparations relives aux mesures doivent titre compldties dans les 120 jours qui suivent la signification de l'avis de conformit6. Date for giving notice of appeal: Within 14 days of Date limite pour donner I'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de I'avis de conformit6. 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 .. 21 Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L1. Potential penalty for not complying with notice within time set out in notice:' Subsection i l (l) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(I) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(bxi). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b) and l 2(1 xc) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Processus d'appel : La propri6taire peux dens les 14 jours qui suivent la notification de I'avis de conformit6, envoys un avis d'appel par courrier recommand6 i la greffiere communale de la municipalit6, i The City of Saint John, Edifice de 1'h6tel de ville, 21' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4LI . Peine possible en cas d'omission de se conformer aux exigences de I'avis dens le d61ai y impard : ' Le paragraphe I l ( I ) de l'Arret6 prdvoit quiconque omet de se conformer aux exigences formulies dans un avis de conformitd notifi6 aux termes de Particle 7 de ladite Arretd, commet one infraction qui est punishable en vertu de la partie 2 de la Lai sur la procedure applicable aux infractions provinciales i titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe I l(l) se poursuit pendant plus d'une journde, I'amende minimale qui peut titre imposee est l'amende minimale pr6vue par la Loi sur la procedure applicable aux in provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit confor n6ment a I'alinca 11(3 )b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de rem6dier i la situation : 3 Conform6ment aux alindas 12(1)a), 12(1)b) et 12(1)c) de I'Arret6, si un avis de conformit6 a dtd signifid aux termes de Particle 7 de ladite Arret6 et, que le propridtaire ou ('occupant ne se conforme pas i cet avis de conformitd dans le ddlai imparti et tel qu'il est rdput6 confirm6 ou tel qu'il est confirmd ou mod6 par on comit6 du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arretd, la municipalitd peut faire nettoyer ou rdparer les lieux de cc propridtaire ou de cet occupant ou de faire rdparer ou d6molir le bitiment ou autre construction de ce propridtaire ou de cet occupant, et les; coots aff6ents i 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propridtaire ou de 1'occupant et deviennent une cr6ance de la municipalit6. i - Dated at Saint John on the a-4 day of October, 2020 Local government: The City of Saint John Signature of the officer of the local government: 9000r'_ Fait Jt Saint John le octobre 2020. Gouvernement locate: The City of Saint John Signature du fonetionneire du gouvernement local: Contact information of the officer of the local Coordona6m du fonctionnaire du gouvernement government: local: Name: Benn Purinton Mailing address: Growth and Community Services The City of Saint John 15 Market Square City Hall Building, 1 A Floor P. O. Box 1971 Saint John, New Brunswick E2L4L1 Telephone: (506) 658-2911 E-mail: benn.purinton(4saintjohn.ca Fax:(5061632-6199 Corporate steal of thi Nom : Benn Purinton Adresse postale: Service de la Croissance et du Communautaire The City of Saint John 15 Market Square Edifice de I'h6tel de viIle, le etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 T616phone : (506) 658-2911 Adresse 6lectronique: benn.purinton@saintjohn.ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes: Notes : I. All appropriate permits must be obtained and all relevant 1. Tous Its permis prescrits doivent We obtenus et toute la legislation must be complied with in the course of carrying out the l6gislation pertinente doit i`tre respectde pendant 1'ex6cution des required remedial action. mesures de rem6diation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annulcr with the by-law, standard or notice. ('obligation de se conformer 6 I'amLhd. it la norme ou it I'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent une crdance du gouvemement local et added to the joint local government and provincial steal Property peuveni ctre ajoutbs 6 I'avis commun d'tvaluation et d'impdt Assessment and Tax Notice. foncier des gouvemements local et provincial. 349 r fimby caft dw thtie document s s 4veeWgr*a (11g, 111 INSPECTION REPORT Schedule "A" 82 Mecklenburg Street Saint,iohn, New Brunswick PID# 00006379 Inspection Date: February 14, 2020 & September 23, 2020 Inspection Conducted by: Benn Purinton, EIT Introduction Dad at9aW�ohn, i�i■r !it 0 1 ` Tr Inspection of the property. PID# 00006379. revealed that there is one building on the premises (the "Building"); a two -storey, wood -frame, four -unit apartment building. Stall" first became aware of the vacancy of the Building in February 2019 and began standard enforcement procedures. The property is located in the City's South Central Peninsula in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The Building; does not comply with the Saint John Unsightly Premises and Dangerous Buildings and ,Sirurlures By-lcm,, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law 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 (it) any ashes, junk, rubbish or refuse; (h) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is junk, rubbish and refuse on the rear deck. The junk includes, but is not limited to, garbage bags, articles of clothing and multiple televisions. The aforementioned junk, rubbish and rcltise is unsightly. 2. The Building; is dilapidated. The exterior cladding is composed of a mixture of wood clapboard and wood shingle siding. Some of the wood shingles arc missing from the rear of the Building;. A portion of the gutter is missing from the rear of the Building. There is a piece of dimensional lumber approximately 3 meters in length that is leaning against the rear addition. The wood fascia on the rear addition is broken. On the left side of the Building, there is a broken ground level window with glass remaining in the frame. The deck at the rear of the building; is dilapidated and unsightly. The handrail and guards to the left of the deck have detached and are hanging loosely. Multiple treads on the stairs have snapped and the broken treads arc hanging from the stringers. There are multiple garbage bags piled on top of the landing. The exterior conditions of the Building are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: 350 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a ha7Ard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. Multiple police reports have been received within the last year advising of trespassers within the Building. A police report advising of a break-in was received within the last week. Stag' received various citizen complaints within the last year advising of trespassers. Inspection revealed that the Building was unsecured. A ground level window at the left side of the Building is unsecured. This window is suspected to be where the trespassers are entering the Building. Within the Building, evidence of criminal activity was found. What was suspected to be illicit substances were found accompanied by drug paraphernalia. Graffiti was found on two windows at the rear of the Building. The dilapidated conditions of the Building affects the quality of life of neighboring properties and negatively impact.% property value of real estate in the: area due to negative perceptions of unsale and deteriorating conditions. Saint John Energy confirmed that the power has been disconnected since April 2019. The City of Saint John Finance department confirmed that the water has been turned off'since December 2018. 2. There is an increased risk of a fire event occurring at the property since it is known that the Building is vacant. The Building is in close proximity to the neighbouring three -unit apartment building at 80 Mecklenburg Street and the two -unit apartment building at 175-177 Wentworth Street, if a fire event were to occur at the property it could potentially spread to the neighbouring apartment buildings, which could cause significant damage to the neighbouring buildings and would endanger the lives of occupants. 3. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the Building is not known to firefighters, which poses a hazard to their salety in the event of fire. There is debris present within the Building, which poses a tripping hazard. The potential for injury is increased by the potential to fall on sharp objects such as glass, nails or needles. The stairs to the second floor have accumulated icc on the steps. This presents a slipping hazard to emergency personnel that could lead to a severe injury. Dilapidated Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: I . The exterior of the Building is dilapidated. On the lelt side of the Building, there is a broken ground level window with glass remaining in the frame. The remaining glass is hazardous as it is in close proximity to the sidewalk. if an individual walking on the sidewalk were to trip, they could fall into the broken glass window, which could worsen any potential injury. Shards of glass were found on the sidewalk nearby. The handrail and guards on the left side of the second storey landing have fallen off and are hanging loosely. The loose 351 handrail and guards expose individuals to a falling hazard should they step upon the landing. Furthermore. if the guards were to fall they could strike and injure an individual. 2. The interior of the Building is dilapidated. The ceilings are sloped throughout the first floor. Sections of the ceiling have I'allen or have been removed from multiple locations. In some cases insulation is hanging from the removed ceiling. The paint has stained in some locations and is peeling in others. There are multiple sections of the ceiling that have been removed on the top floor. Insulation contained within the plastic poly vapour barrier is sagging from the ceiling. There is water present within the sagging plastic poly vapour barrier. The building is experiencing water infiltration. At the time of the internal inspection, the water had frozen causing ice to accumulate on the top floor landing and on the stairs. The presence of ice or water is hazardous as it presents a slipping hazard. The potential for injury is increased by the slipping hazard being present on the stairs. The water could accelerate the deterioration of the building and could be a cause for respiratory hazards such as mould. There is debris present throughout the Building. Items include but are not limited to articles of clothing, building materials and garbage. The debris presents a tripping hazard. The potential for injury is high due to the presence of sharp objects throughout the Building Such as needles, glass and nails. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as fbllows: l . The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code uf' Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule t'or the work that is to be carried out. The repaired Building must meet the National Building Coda ql*Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the .Siring Jahn Building By-laws, By-law Number C.P. 102 and amendments thereto (the "SSaini John Building ay -lam,"). G. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 352 Option 2. Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows. 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained Isom the City of Saint John in order to comply with the .4uinl .fohn Building By-kiw 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws. Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used liar the disposal of debris, must be provided to (lie Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws. Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws. Acts and Regulations. Prepared by: Benn Purinton, E1T Technical Services Otiiccr Growth and Community Services Reviewed by and concurred in by: Christopher McKiel, P. Eng. Technical Services Engineer Growth and Community Services a 6ke.— Z i, 2020 Date Date 353 Schedule `B" $.,,, it Annexe o B o This is Exhibit 5 FORM 1 Refe to in th Afildavit of FORMULE 1 NOTICE OF APPEAL Sworn twfbm me at the City of AVIS WAPPEL Saint Jahn, New Brunswick File No.: y of to BETWEEN: r of . Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimde. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) : Nom : Adresse : Telephone: Nom : Adresse : Telephone: The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnomme(s) n'accepte(nt) with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a dtd donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous 1'Arrete relatif aux lieux inesthetigues et aux Buildings and Structures By -Law; or bdtiments et constructions dangereux dans The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a ete emise en vertu de Saint John Minimum Property Standards By- Particle 25 de 1'Arrete concernant les normes Law; minimales regissant les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les Properties Appeal Committee. residences non conformes aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans le prdsent (set out the grounds clearly but briefly): appel sont les suivants (enoncer les motifs de fagon 354 -2- Dated at 20 Signature of owner or occupier claire et concise) : the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the City Clerk within fourteen (14) days after having been given the Notice or Order at the following address: City Clerk's Office 15 Market Square, City Hall Building, 2°d Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 20 Signature du proprietaire ou de l'occupant lc L'appelant a ou les appelants ont Fintention d'utiliser la langue francaise [ ] ou anglaise [ ] (Veuillez cocher la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande au greffier municipal dans les quatorze (14) jours qui suivent la notification de 1 'AVIS ou de 1 'ORDONNANCE a 1 'adresse suivante : Bureau du greffier municipal 15 Market Square, Edifice de 1'h6tel de ville, 2e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : 506-658-2862 Facsimile: 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it West pas interjete appel dans les quatorze (14) jours qui suivent la notification de l'AVIs ou 1'emission de FORDONNANCE est repute confirme. 2. Lors d'un appel, le Comite des appels sur les residences non conformer aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou l'occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler 1'AVIS ou l'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu 355 BIB 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) proprietaire(s) ou l'occupant ou les occupants a qui une copie d'une decision a ete fournie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un AVIS peat (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de l'arrete n'a pas ete suivie, ou (b) la decision est deraisonnable. 356 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT Ate, „ f ri- ; , Saint John, N.B. {PID number 3 7 1 AFFIDAVIT OF SERVICE I, &.4 LL/- 4 �-a.. , of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: I am employed by the City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed where otherwise stated. 2. On the � ? day of {. - 4 _ 2020 at approximately 3 , I posted a copy of the Notice of Common Council Hearing letter, annexed hereto marked Exhibit "A" to the building at itG �-y S , Saint John, N.B. Sworn To me at the City of Saint John, N.B. on the `L 3 day of 2020 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31 ST, 20t9- W?5- 357 WA December 17, 2020 REGISTERED MAIL Permitting & Inspection / Service des inspections et de Papplication By-law Enforcement / Service d'Application des Arretis Municipaux Phone / Tel : (506) 658-2911 Fax / Telec : (506) 632-6199 Larry Matthew King 396 Point Road Saint John, NB E2M 7J9 Dear Sir/Madam: This is Exhibit R Re to in ie Affidavit of r t) Sworn before me at the City of Sain John, New Brunswick theday,f Commissioner of Oaths NOTICE OF COMMON COUNCIL HEARING Re: 82 Mecklenburg Street, PID #00006379 Dangerous and Vacant Building Program On October 21, 2020, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on said property on October 22, 2020. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on December 23, 2020. If the property is not in compliance with the aforesaid By- law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on January 11, 2020 at 6:00pm to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Benn Purinton, Technical Services Officer Growth & Community Services SAINT JOHN P.O. Box 1971 CA 1971 Saint iohr . NB Saint John, NA Canada EA 41.1 Canada EZL 40 www,saintjohn.ca 358 E._ , 0' t 82 Mecklenburg Street, Saint John New Brunswick PID #00006379 Photo 2 W rp OIF Wj 82 Mecklenburg Street, Saint John New Brunswick PID #00006379 Photo 3 J 362 � .. T _ I} � �� 1 l y � t � 1 I _ � `� ,� - • ---- V--}�_--`V �a e, Imm i � r "w arm i 1 � I - it - .t +fir. ! � • 82 Mecklenburg Street, Saint John New Brunswick PID #00006379 Photo 6 1 jJ a a� a �qs r 2 rmimftZm- - -. �I- `k\ li Iq 82 Mecklenburg Street, Saint John New Brunswick PID #00006379 Photo 3 IF 82 Mecklenburg Street, Saint John New Brunswick ' '—Fh-5710— 4 PID #00006379 i . 0 dr% 14 2 R'O 82 Mecklenburg Street, Saint John New Brunswick ?to 5 PID #00006379 i 82 Mecklenburg Street, Saint John New Brunswi PID #00006379 .4 82 Mec 2Rcurg StreetSaint John New Brun O 1 4 t0 7 PID #00006379 0 r 82 Mecklenburg Street Saint John New Brunsw'i�c14 2090 t8 PID #00006379 I- r 4 82 Mecklenburg Street, Saint John New Brunswic e" �, PID #00006379 e 0. 410 M 82 Mecklen Str6et, Saint John New Brunswick I `tPID #00006379 0 Photo 10 COMMON COUNCIL REPORT M&C No. N/A Report Date January 05, 2021 Meeting Date January 11, 2021 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 12-14 Cliff Street (PID 00014324) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth I John Collin RECOMMENDATION RESOLVED, that the building located at 12-14 Cliff Street, PID# 00014324, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the SaintJohn Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, 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 Part 13 of the Local Governance Act for the building located at 12-14 Cliff Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 12-14 Cliff Street have revealed that there is one building on the premise; a three -storey, four -unit apartment building. Staff first became aware of the building's vacancy in 2010 and began standard enforcement 375 -a - procedures. The property is located in an urban centre residential zone on the City's South -Central Peninsula. The property is currently assessed at $78,700 as per Service New Brunswick's Land Registry. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The three -level deck at the rear of the building is missing the necessary handrails and guards exposing any individual present on the deck to a severe falling hazard. The building's interior contained a significant amount of debris. Potential asbestos containing material was found amongst said debris. Water infiltration has occurred in the building which has caused mould to accumulate and has caused the ceiling's dry wall to collapse in multiple locations. Further description of the building's condition can be found in the attached Inspection Report. A Notice to Comply was issued on October 21, 2020 and was served to the owner on October 23, 2020 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate Regarding Title lists one individual as the owner of the building. The Notice provided the owner with 60 days to remedy the conditions at the property. The owner did not file a Notice of Appeal within the time frame provided. A compliance inspection was conducted on December 23, 2020 which revealed that the conditions have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. Also included are photos of the exterior of the building. The Local Governance Act indicates that where a building has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation and resulting hazard to safety of the public. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the building on December 17, 2020. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES 376 -3- As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is estimated at $40,000. Upon approval of the recommendation, staff will seek competitive bidding in accordance with the City's purchasing policy. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with the request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel provided ownership verification by obtaining the Certificate Regarding Title for the property. Additionally, General Counsel registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Affidavit of Service — Notice to Comply Affidavit of Service — Notice of Common Council Hearing Photos 377 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE of the Community of Nerepis in the County of Kings and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: ,/ l . thday of ��%a�� _ .. _ _, 2020, I served .r- -�__ with the following documents: • a Notice to Comply, attached hereto as Exhibit "A"; • and a Notice of Appeal, attached hereto as Exhibit `B"; by leaving a copy wi hin / her at ��►�'C Ai _ , New Brunswick. i 2. I was able to identify the person served by means of the fact that C)she acknowledged to m6 he was Sworn To before me at the City of Saint John, N.B., on the + . day of 2020 Nu AMY LYNN POFFFNROTH COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 318T, 2024 378 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) Parcel identifier: PID 9 00014324 Address: 12-14 Cliff Street, Saint John, NB Owner(s) or Occupier(s): Name: Peter D. Greene Address: PO Box 578 Stn Main, Saint John NB, 1321, 4A5 FORMULE 4 AVIS DE CONFORMITt — LIEUX DANGEROUX OU INESTHItTIQUES (Lol sur la gouvernance locale, L.N: B. 2017, ch. 18, per.132(2)) Numiro d'identification de Is parcelle : NID : 00014324 Adresse : 12-14 rue Cliff, Saint John, NB Propri6talre(s) on occupant(s) : Nom : Peter D. Greene Adresse : PO Box 578 Stn Main, Saint John NB, E2L 4A5 Local government giving notice: The City of Saint Gonvernement local signiiiant 11avis : The City of John 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"). Arret6 enfreint : Arrete relatif aux lieux inesiheliques et aux bdiiments et constructions dangereux de Saint John, Arrctd numdro M-30, ainsi que ses modifications ci-affdrentes (l' a Arrete o). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(I ), 6(2) 6(3) of the By-law. et paragraphe 6(3) de l'Arretd. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated October 19, 2020 prepared by Benn Purinton, by-law enforcement officer, reviewed and concurred in by Christopher McKiel, P. Eng., by-law enforcement officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or Description de In (des) situatiou(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le bitiment ddlabrC Le bitiment est devenu dangereuse pour In sdcuritd du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la sdeuritd du public du fait de son d6labrement. Les conditions du bitiment et des lieux sont dicrites It Pannexe «A », une copie conforme du rapport d'inspection en date du 19 octobre 2020 et pr6par6 par Benn Purinton, une agente charge de 1'ex6cution des arrdtds du gouvernement local, revisd et en d'accorde avec par Christopher McKiel, ing., une agente charge de 1'ex6cution des arretds du gouvernement local. Ce qu'il y a lien de faire pour y rem6dier: La propri6taire dolt restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnc et d'amener le bitiment et les lieux en conformit6s avec I'Arretd. Dans 1'6ventualit6 que la propri6taire ne remddient pas le bitiment et les lieux dans le temps prescrit par le pr6sent avis de conformite, le bitiment pourront titre d6molis comme mesure corrective compte tenu qu'iI represente un danger pour la s6curitd du public et les Iieux pourront ctre nettoyds. Dans 1'6ventualitd de ddmolition, tous les ddbris et autres items sur les lieux seront disposes comme mesure corrective dans le but de rem6dier le danger pour la sdcuritd du public. Les mesures correctives susmentionndes relativement i la ddmolition du bitiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en dtat des lieux, des terrains ou des 379 personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de d6versement ou le dsversement d'un polluant dans ou sur 1'environnement on toute partie de 1'environnement. Date before which the condition must be corrected:' Dslai impard pour y rem6dier:' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. a) La d6molition du batiment et le nettoyage des lieux doivent titre compl6t6es, on i laquelle les plans et demande de permis pour les mesures des reparations, doivent 6tre soumises, dans les 60 jours qui suivent In signification de 1'avis de confonmite. b) Les rdparations reli6es aux mesures doivent titre complet6es dans les 120 jours qui suivent la signification de 1'avis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent In notification de 1'avis de conformit6. 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 — 2"" Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L 1. Potential penalty for not complying with notice within time set out in notice-2 Subsection 1 I (l) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Fences Procedure Act as a category F offence. Where an offence under subsection l 1(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph l 1(3)(bXi). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b) and 12(l xc) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Processes d'appel : La propri6taire peux Bans les 14 jours qui suivent In notification de I'avis de conformit6, envoy6 un avis d'appel par courrier recommande i In greffiere communale de In municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 20 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Peine possible en cas d'omission de se conformer aux exigences de l'avis dans le ddiai y impard : 2 Le paragraphe 1 I(I)de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformitd notifi6 aux termes de I'article 7 de Indite Arret6, commet une infraction qui est punissable en vertu de In partie 2 de la Loi sur la procedure applicable aux infractions provinciales i titre d'infraction de In classe F. Lorsqu'une infraction pr6vue au paragraphe 11(1) se poursuit pendant plus d'une joum6c, 1'amende minimale qui peut titre impos6e est I'amende minimale pr6vue par In Loi sur la procedure applicable aux infractions provinciales pour une infraction de In classe F multiplies par le nombre de jours pendant lesquels l'infraction se poursuit conform6ment a I'alin6a 11(3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de remidier A In situation : 3 Conformdment aux alineas 12(1)a), 12(1)b) et 12(1)c) de I'Arret6, A un avis de conformit6 a 6t6 signifi6 aux termes de ('article 7 de ladite Arr6td et, que le propri6taire ou ('occupant ne se conforme pas i cet avis de conformit6 dans le ddlai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirms ou modifid par un comite du conseil ou par un juge en vertu le paragraphe 12(3) de Indite Arretc, la municipalit6 peut faire nettoyer ou r6parer les Iieux de ce propri6taire ou de cet occupant ou de faire rdparer ou ddmolir le bitiment ou autre construction de ce propridtaire ou de cet occupant, et les couts aff6rents i 1'exdcution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis i In charge du propri6taire ou de ('occupant et deviennent une crdance de 1a municipalit6. Dated at Saint John on the �1 day of October, 2020. Local government: The City of Saint John Signature of the officer of the local government: Fait a Saint John le _ octobre 2020. Gouvernement locale: The City of Saint John Signature du fonctionnaire du gouvetraement local: Contact information of the officer of the local Coordonnies du fonetionnalre du gouvernement government: local: Name: Benn Purinton Mailing address: Growth and Community Services The City of Saint John IS Market Square City Hall Building, la Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: benn.purinton@saintjohn.ca Fax: t506) 632-6199 Corporate seal of the Notes: I. All appropriate permits must be obtained and all relevant legislation must be complied 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. 3. Costs become a debt due to the local government and may be added to the joint local government and provincial Real Property Assessment and Tax Notice. Nam : Benn Purinton Adresse postale: Service de la Croissance et du Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, le 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 Adresse 6lectronique: benn.purinton@saintjohn.ca Telecopieur : (506) 632-6199 Sceau du goavernement local Notes 1. Tous les permis prescrits doivent etre obtenus et tome la legislation pertinente doit etre respecite pendant I'exdcution des mesures de remediation. 2. Le paiement de I'amende n'a pas pour effet d'annulcr ('obligation de se conformer A Parr&&. A Is norme ou A I'avis. 3. Les coats deviennent une crdance du gouvemement local et peuvent titre ajoutds A Pavis commun d1valuation el d'impbt foncier des gouvernements local at provincial, 381 v1 namoy offury mat tttta A doatment to a true copy ofthe he i3 l X11iblt it D# ill erred to in � A2V�,, ..r e Dared at SeW Joim, )m before me at the City }� INSPECTION REPORT ft Z ( dayof <tnt JohnNa New 13ru Schedule "A" "`" ZO 12-I4 Cliff Street Zit JASaint,lohn, New Brunswick rnmiNN POFF�-;2`1 ra.+d„rrlc Officer �- I �ol= uATMls Inspection Date: EXPIRES Inspection Cond I "Wown, E1T & Christopher McKiel, P. Eng Introduction Inspection of the property at 12-14 Cliff Street. PID# 00014324, revealed that there is one building on the premises (the "Building"), a three -storey, four -unit apartment building. Staff first became aware of the vacancy of the Building in May 2010 and began standard enforcement procedures. The property is located in the City's South Central Peninsula in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The Building does not comply with the Saint John Unsightly Premises and Dangerous Buildings and .Slrxclures By-law, By-law Number M-30, and amendments thereto (tile "By-law"). Unsightly Premise Conditions Subsection 6(l) of the By-law 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: (h) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. The Building is dilapidated. Paint is peeling from the dormers, the wood trim surrounding the windows, the front entrance door and surrounding trim, the door that leads to the basement and the plywood boards overtop of the foundations. There is graffiti on the front wall. The siding is stained on both the front and right walls of the Building. The exterior conditions of the property are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. Staff has received citizen complaints stating that kids were climbing the rear deck and on the Building's roof. The 382 dilapidated conditions of the Building affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The City of Saint John Finance department confirmed that the water has been turned off since January 2002. Saint John Energy confirmed that there is power active in the Building. 2. Active electrical services in a vacant building with water infiltration increases the risk of fire event occurring at the property. The Building is attached to the two -unit dwelling located at 16 Cliff Street. If lire event were to occur at the property it would likely spread to the neighbouring building, which could cause significant damage to the neighbouring building and may endanger the lives of the occupants. 3. There is a concern for firelighter safety in the event of a fire. 11' firelighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the Building is not known to firelighters, which poses a hazard to their safety in the event ofa fire. There was debris scattered throughout the Building during an internal inspection. Each floor of the Building was scattered with various building materials and household items. The debris throughout the Building would limit the movement of emergency personnel and prevent access to some areas entirely. Dilapidated Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation. The Building; is a hazard to the safety of the public by reason of dilapidation for the following, reasons: . The three level deck at the rear of the Building is dilapidated and hazardous. There are no handrails or guards throughout the entire deck. Individuals on the deck are exposed to a I'alling hazard due to the missing components. `7he hazard would be significant at the higher levels where a fall would result in severe injury or death. The stairs leading to the third level have various holes in the steps. This presents a tripping hazard. If an individual were to trip on these stairs, there is a severe risk of injury or death due to the stairs missing handrails and guards. 2. The Building's interior is dilapidated. The entire main level has been stripped to the frame. There is a signi licant amount of debris present on the main level. The debris is composed primarily of household items and building materials. In the hallway near the rear exit there is a large pile of lumber that prevents access to the rear exit. A nearby room is a piled with packaged insulation that is blocking access to the room. The significant amount of debris presents a tripping; hazard should an individual need to enter the Building. The wood boards limit exiting which could pose a hazard in the event of a fire. On the first storey near the Iront of the Building, there is a pile of wood planks loosely balanced on the doorframe, If the boards were to fall, they could strike and injure an individual. There is debris present on the second and third floors. The debris presents a tripping hazard. On the second floor landing there is a roll of pipe wrap that resembles asbestos material. II' asbestos is present in the building;, it would present a respiratory hazard to anyone required to enter. 2 383 There is water damage present throughout the second and third storey. The ceiling is sagging in multiple locations as a result of water pooling in the ceiling. In some cases the ceiling has been removed and the plastic wrap containing the insulation is sagging as much as b inches from its original position. Mould has accumulated on the ceilings and walls throughout the second and third floor. There is also mould on the floor of a second storey room. The mould presents a respiratory hazard to anyone required to enter the Building. If water were to continue to infiltrate the Building it could accelerate the deterioration of the Building. 4. The flooring in the basement is a mix ofconcrete slab and wood plank flooring. Three 2-in x 12-in wood planks were placed as a ramp within the rear entrance of the basement. Some of the wood planks arc unstable and shake when load is applied which could cause an individual to trip. There are large sections where some of the concrete slab has been removed causing a change in elevation of approximately 3 inches. The basement walls have been stripped to the frame throughout. A sudden change in elevation of approximately 8 inches near the rear entrance has been exposed as a result of the walls being removed. The sudden changes in elevation present a tripping hazard. There is debris scattered throughout the basement. The debris is mostly composed of building materials, tools and garbage. The debris presents a tripping hazard. The significant amount of tripping hazards combined with the low lighting conditions present a hazard to any individual required to enter the basement. There is a stack of various lumber loosely balanced between (lie basement's wall frame. If the lumber were to fall, it could strike and injure an individual. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Services Department ofthe City of'Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Cunadu (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports. must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained f'or any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the ,'Vainl.lohn Building By-law, By-law Number C.P. 102 and amendments thereto (the ",Sainl.lohn Building By-hm,"). 6. The premise must be cleared of all debris found on the property, including; any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 3 Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained Tram the City of Saint John in order to comply with the .Sainl John Building By -lair. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site. and in accordance with all applicable By-laws. Acts and Regulations. Documented proof; that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws. Acts and Regulations. Documented proof. that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By -taws. Acts and Regulations. Prepared by: olw_ 0-0� Benn Purinton, CIT Technical Services Officer Growth and Community Services Reviewed by and concurred in by: j&jLf«t I/ -< /L'4 Z Christopher McKiel, P. Eng. Technical Services Engineer Growth and Community Services 4 a "Ler iq2-- LV-20 Date yi , 385 File No.: BETWEEN: -and- �rr 'I'nis is Lxhibit } Refsrred to In the Affidavit o `� f Sworn re me at the city of Schedule "B" Saint ion, New MWA4q� the ` My of FORM 1 LAA, NOTICE OF APPEAROTH A COMMISSIONER O=ossier : My COMMISSION DECEMBER 31ST, 2024 Appellant(s), THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: -et- Annexe o B o FORMULE 1 AVIS D'APPEL Appelant(s), THE CITY OF SAINT JOHN, Intimde. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propridtaire(s) ou occupant(s) Nom : Adresse Telephone: Nom : Adresse _ Telephone: _ The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnommd(s) n'accepte(nt) with the terms and conditions set out in: pas les modalitds ou les conditions qui sont dnoncds dans : (a) a Notice that was given under section 7 of the (a) un AVIs qui a dtd donna en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous l'Arrete relatif aux lieux inesthetiques et aux Buildings and Structures By -Law; or batiments et constructions dangereux daps The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a dtd dmise en vertu de Saint John Minimum Property Standards By- Particle 25 de 1'Arrete concernant les normes Law; minimales regissant des residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les Properties Appeal Committee. residences non conformes aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de I'appelant(s) dans le prdsent (set out the grounds clearly but briefly): appel sont les suivants (Moncer les motifs de fagon 09 -2- Dated at 0 Signature of owner or occupier claire et concise) : the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the City Clerk within fourteen (14) days after having been given the Notice or Order at the following address: City Clerk's Office 15 Market Square, City Hall Building, 2nd Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. Signature du proprietaire ou de Foccupant 10 L'appelant a ou les appelants ont l'intention d'utiliser la langue franca se [ ] ou analaise [ ] (Veuillez cocher la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande au greffier municipal dans les quatorze (14) jours qui suivent la notification de 1 'AVIS ou de 1 'ORDONNANCE a l 'adresse suivante : Bureau du greffier municipal 15 Market Square, Edifice de l'h6tel de ville, 2e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : 506-658-2862 Facsimile: 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it West pas interjetd appel dans les quatorze (14) jours qui suivent la notification de ['AVIS ou Nmission de FORDONNANCE est rdputd confirmd. 2. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) propridtaire(s) ou Foccupant ou les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler 1'AVIs ou VORDONNANCE ou proroger le ddlai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une eopie de sa decision au(x) propridtaire(s) ou a Foccupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjetd appel dans les quatorze (14) jours suivant la date a laquelle it a rendu 387 -3- 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) propridtaire(s) ou l'occupant ou les occupants a qui une copie d'une decision a dte foumie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un AVIS peut (peuvent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de 1'arretd n'a pas dtd suivie, ou (b) la decision est ddraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 1 r � Saint John, N.B. (PID number I L(� Z ) AFFIDAVIT OF SERVICE I, of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. I am employed by the City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed where otherwise stated. 2. On the �, day of (, .. 2020 at approximately 3' 3 I posted a copy of the Notice of Common Council Hearin+ letter, a hexed hereto marked Exhibit "A" to the building at i 1 t ¢ , Saint 41 John, N.B. Sworn To me at the City of Saint John, N.B. on the 9-3 day of 2020 &-- CHRJSTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2. 2025 Vn f'L�-iA �4L M Permitting & Inspection / Service des inspections et de 1'application By-law Enforcement / Service d'Application des Arretes Municipaux Phone / Tel : (506) 658-2911 Fax / Telec : (506) 632-6199 December 17, 2020 REGISTERED MAIL Peter D. Greene PO Box 578 Stn Main Saint John, NB E2L 4A5 Dear Sir/Madam: This is Exhibit Referred to in the Affidavit of "N Sworn before me at the City of Saint John, New Brunswick ftLILdav of_ Commissioner of Oaths NOTICE OF COMMON COUNCIL HEARING Re: 12-14 Cliff Street, PID #00014324 Dangerous and Vacant Building Program On October 21, 2020, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on said property on October 22, 2020. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on December 23, 2020. If the property is not in compliance with the aforesaid By- law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on January 11, 2020 at 6:00pm to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-2911. Regards, Benn Purinton, Technical Services Officer Growth & Community Services SAINT JOHN P.O. Box 1971 C.P. 1971 Stunt Wvu , NB Saint fin, NA Canada EIC 40 Canada ESL 41.1 www.Wntphn.ca Me . MSC 'JJAl1 ', r i p Y , M� y y i Lb ■ A f ! L ■ ■ ! 12-14 Cliff Street, Saint John New Brunswick P I D #00014324 i Photo 1 IL L - mg M Off ........... 12-14 Cliff Street, Saint John New Brunswick P I D #00014324 Photo 2 tee@ �►�[' 1 12-14 Miff reet, Saint John New Brunswick Photo 3 P I D #00014324 Ro. liff Street, Saint Joh n hn w Brunswick - I a #000 143 24 - C. I �fPell a�lJ"7 - i .c t - I � wit t � 12-14lif t ?e,"''S rn oh e AL Ai 1 P I D #000143 0 P I D #000 143 24 11 A 12-14 Cliff Street, Saint John New Brunswick Photo 1 M-- PID #00014324 z O i iii, III .dw i. do, -12-14 Miff Street, Saint John New Brunswick PID #00014324 is I c- it 12-14 Cliff Street, Saint John New Brunswick Photo 5 PID #00014324 rV. o 93 °' n 12-14 Cliff Street, Saint Johnew Brunswick PID #00014324 PIT IA 4y� ..Ohl Amp. 12-14 Cliff Street, Saint John New Brunswick PID #00014324 Photo 7 N 12-1 12-14 Cliff Street, Saint John New Brunswick Photo 9 PID #00014324 M mo 12-14 Cliff Street, Saint John New Brunswicki, PID #00014324 — —me Photo 10 Fundy Regional Service Commission Commission de Services R69ionaux de Fundy December 23, 2020 Mayor and Council City of Saint John PO Box 1971 Saint John NB E2L 4L1 Reference: Update Plastic Checkout Bag Bylaw Mayor and Council; PO Box / CP 3032, Grand Bay -Westfield, NB E5K 4V3 T. 506 738-1212 a F. 506 738-1207 hotline@fundyrecycles.com As per our letter dated, November 3, 2020 Fundy Regional Service Commission has proposed the Plastic Bag Reduction Bylaw be adopted by all municipalities in the Fundy Region with an implementation date of June 30, 2021. Subsequently, the Commission was asked to review the proposed bylaw concerning two issues: the proposed fee on alternative paper bags and the timeline for implementation. The intention of the Plastic Bag Reduction Bylaw is to reduce plastic bags in the environment and waste stream, and to encourage customers to utilize reusable bags. After consultation with stakeholders and regional governments, the Commission has recommended a slight amendment to the proposed bylaw to remove the reference to a fee on paper bags. This change will not alter the intent of the bylaw to reduce single -use plastic bags and aligns the bylaw with Nova Scotia and Newfoundland and Labrador. At the December 21, 2020, meeting, the Commission passed the following motion: Remove the reference to fees on paper bags in the proposed Plastic Bag Reduction Bylaw. The bylaw allows a business to make their own decision whether or not to provide an alternative bag and if they choose to charge for it. The Commission also reviewed the request to delay implementation of the bylaw. However, the Commission maintains its request to implement the bylaw as of June 30, 2021. Discussions with stakeholders began in December 2019, and the original date of implementation before COVID-19 was January 2021. In order to meet the extended timeline of June 30, 2021, the Commission is requesting municipalities begin the process of adopting the bylaw early in the New Year. A draft copy of the updated bylaw is attached. Sincerely, Nancy Grant, Chair Fundy Regional Service Commission 407 BY-LAW BY-LAW RESPECTING THE REDUCTION OF SINGLE -USE PLASTIC BAGS IN THE BE IT ENACTED by the under the authority vested in it by the Local Govemance Act, S.N.B., 2017, c.18, as follows: 1. Title This by-law may be cited as the "Plastic Bag Reduction By- law". 2. Definitions In this by-law: "business" means any corporation, individual, partnership or co-operative association engaged in a retail operation and, for the purposes of section 3, includes a person employed by, or acting on behalf of, a business; (entreprise) "checkout bag" means (a) any bag intended to be used by a customer for the purpose of transporting items purchased or received by the customer from the business providing the bag, or (b) a bag used to package lake -out food or food to be delivered, and includes a paper bag or plastic bag, but does not include a reusable bag. (sac a empleffes) "Council" means Council; (conseil municipal) "paper bag" means a bag made out of paper that is recyclable; (sac en papier] "plastic bag" means any bag made with plastic, including biodegradable plastic or compostable plastic, but does not include a reusable bag; (sac an plastique) "reusable bag" means a bag with handles that is (a) designed and manufactured to be capable of at least 100 uses, and (b) primarily made of cloth or other durable material suitable for reuse; (sac reutilisable) "small paper bag" means any bag made out of paper that is less than 15 centimetres by 20 centimetres when flat. (petit sac en papier) 3. Checkout bag prohibition ARRETt NO ARRM CONCERNANT LA REDUCTION DES SACS EN PLASTIQUE A USAGE UNIQUE En vertu du pouvoir que lui confere la Loi sur Is gouvemance locate, L.N.-B. 2017, ch. 18, le conseil municipal edicte . 1. Titre Titre usuel : Arrete sur la reduction des sacs en plastique. 2. Definitions Les definitions qui suNent s'appliquent au present arr&6. K conseil municipal» Le conseil municipal (Council] K entreprise a Toute societe, personne ou association cooperative ou tout partenadat s'adonnant a des operations de vente au detail; sont notamment visees, pour I'application de I'article 3, les personnes employees per une entreprise ou agissant pour son compte. (business) « petit sac en papier * Tout sac fait de papier qui mesure moins de 15 centimetres sur 20 oentimetres lorsqu'il est a plat. (small paper bag) . sac a emplettes » S'entend notamment d'un sac en papier ou d'un sac en plastique, a 1'exclusion d'un sac reutilisable, qui est destine b I'une ou I'autre des fins suivantes : a) ('utilisation par un client pour transporter les objets qu'ila achetes ou regus de 1'entreprise qui lui fournit le sac; b)1'emballage de mets a emporter ou a livrer. (checkout bag) e sac on papier» Sac fait de papier qui est recyclable. (paper bag) « sac en plastique » Tout sac fait de plastique, y compris de plastique biodegradable ou compostable, mais ne s'entend pas des sacs reutilisables. (plastic bag) «sac r6utilisable * S'entend d'un sac muni de poignees qui est, Alafois: a) conqu el fabrique pour pouvoir dire utilise au mains 100 fois; b) principalement fait de lissu ou d'un autre materiau durable qui convient a la reutilisation. (reusable bag) 3. Interdiction relative aux sacs a emplettes (1) Except as provided in this by-law, no business shall (1) Sauf disposition contraire du present arrete, it est interdit e M provide a checkout bag to a customer that is a plastic bag. (2) No business shall deny or discourage the use by a customer of the customer's own reusable bag for the purpose of transporting items purchased or received by the customer. 4. Exemptions (1) Section 3 does not apply to (a) bags used to (i) package loose bulk items such as fruit, vegetables, nuts, grains or candy; (ii) package loose small hardware items such as nails and bolts; (iii) contain or wrap frozen foods, meat, poultry orfish, whether pre -packaged or not; (iv) wrap flowers or potted plants; (v) protect prepared foods or bakery goods that are not pre -packaged, (vi) contain prescription drugs received from a pharmacy; (vii) transport live fish; (viii) protect linens, bedding or other similar large items that cannot easily fit in a reusable bag; (ix) protect newspapers or other printed material intended to be left at the customer's residence or place of business; (x) protect clothes after professional laundering ordry cleaning; (xi) protect tires that cannot easily fit in a reusable bag; (2) Section 3 does not limit or restrict the sale of bags, including plastic bags, intended for use at the customer's home or business, that are sold in packages of multiple bags. 5. Enforcement (1) Every person duly appointed by Council as a by-law enforcement officer is hereby authorized to carry out any inspection that is necessary for the administration or enforcement of this by-law. une enlreprise de foumir un sac a emplettes � un client qui est un sac en plastique. (3) II est interdit � une entreprise de refuser ou de descourager I'utilisalion, par un client, de son propre sac r6utilisable afin de transporter des objets qu'il a achet6s ou regus. 4. Exceptions (1) L'article 3 ne s'applique pas 6 ce qui suit: b) les sacs destines aux usages suivants : (i) emballer des aliments en vrac comme des fruits, des lesgumes, des noix, des grains ou des bonbons, (ii) emballer des petits articles de quincaillerie envrac comme des clous et des boulons, (iii) contenir ou envelopper des aliments congel6s, de la viande, de la volaille ou du poisson, qu'ils soient presemballess ou non, (iv) envelopper des fleurs ou des plantes en pots, (v) prot6ger des plats pr$par6s ou des produits de boulangede-patisserie qui ne sont paspr6emball6s, (vi) contenir des m6dicaments surordonnance rerus d'une pharmacie, (vii) transporter des poissons vivants, (,iii) prot6ger des linges de maison, de la literie ou d'autres articles semblables de taille impodanle qui ne peuvent etre facilement contenus dans un sac r6utilisable, (ix) protbger des joumaux ou d'autres documents imprim6s destines 6 6tre laiss6s A la r6sidence ou au lieu d'affaires du client, (x) prot6ger des Otements apress qu'ils ont ester professionnellement blanchis ou nettoy6s 6sec, (xi) prot6ger des pneus qui ne peuvent pas titre facilement contenus dans un sac r6utilisable, (2) L'article 3 We pas pour effet de limiter ou de restreindre la vente de sacs, y compris les sacs en plastique, qui sontdestin6s A titre utilisers � la residence ou au lieu d'affaires du client et qui sont vendus en paquets contenant plusieurs sacs. S. Application (1) Les personnes r6gulierrement nomm6es agents d'exercution des arrdters par le consed municipal sont autoriseses A reraliserles inspections n6cessaires 6 I'administration ou b I'application du present arrO. (2) Any peace officer or by-law enforcement officeris hereby (2) Les agents de la paix et les agents d'exescution des arrdt6s M authorized to take such actions, exercise such powers and perform such duties, as may be set out in this by-law or in the Local Governance Act and as they may deem to be necessary to enforce any provisions of this by-law. B, Offences (1) Any person who violates any provision of this by-law is guilty of an offence and is liable on conviction to a fine. (2) The minimum fine for an offence committed under this by- law is one hundred and forty dollars ($140) and the maximum fine for an offence committed under this by-law is two thousand one hundred dollars ($2,100). (3) If an offence committed under this by-law continues for more than one (1) day: (a) the minimum fine that may be imposed is the minimurn fine established in this by-law multiplied by the number of days during which the offence continues; and, (b) the maximum fine that may be imposed is the maximum fine established in this by-law multiplied bythe number of days during which the offence continues. 7. Severability sont habilites � prendre les mesures at b exercer les pouvoirs et les fonctions 6nonc6s dans le prdsent arrdt6 et dans la Loi sur la gouvemance locale qu'ils estiment n6cessaires A I'application des dispositions du pr6sent arrbt6. 6. Infractions (1) Quiconque contrevient A Tune des dispositions du pr6sent arrM commet une infraction et est passible, sur d6clarationde culpabilit&, d'une amende. (2) Laamende minimale inflig6e en cas d'infraction auprbsent arrft est de 140 $ et I'amende maximale est de 2100 $. (3) Si une infraction au pr6sent a"t6 se poursuit pendantplus d'un jour : a) I'amende minimale qui peut fte inflig6e est I'amende minimale pr6vue par le pr6sent arr6t6 multipliee par le nombre de jours pendant lesquels ('infraction se poursuit; b) I'amende maximale qui peut titre inflig6e est I'amende maximale pr6vue par le pr6sent arrdt6 multipliee par le nombre de jours pendant iesquels ('infraction sepoursuit. 7. Divisibiliti Where a Court of competent jurisdiction declares any section Lorsque tout ou partie d'une disposition du pr6sent arr6t6 est or part of a section of this by-law invalid, the remainder of this declaree invalide par un tribunal competent, le reste du pr6sent by-law shall continue in force un'ess the Court makes an arrdt6 demeure en vigueur, sauf ordonnance contraire du tribunal. order to the contrary. 8. Commencement This bylaw comes into force on Jure 30, 2021 ORDAINED AND PASSED First Reading: Second Reading: Third Reading: _ B. Entrbe en vigueur Le pr6sent arrft entre en vigueur le 30 juin 2021. FAIT ET ADOPTt le Premi6re lecture: Deuxi6me lecture: Tro;sl6me lecture : 410 New Nouveau Brunswick C A N a n a December 18, 202 Mayor Don Darling City of Saint John P.Q. Box 1971 Saint John, N.B. E2L 41_1 Email: don.darling Lsaintjohn.ca Mayor Darling: Thank you for your letter dated December 2, 2020, regarding recent explosions at the American Iron & Metal (AIM) facility in Saint John. Environment and Climate Change (ECC) of the Department of Environment and Local Government has taken these events seriously. As you are likely aware, the most recent explosion that exceeded the noise level threshold at the AIM shredding operations resulted in its shut -down on December 1, 2020. Since the facility was shutdown, ECC required AIM to provide an action plan outlining additional mitigation measures that are intended to reduce the frequency of explosions at the site. These additional mitigation measures are now being implemented. AIM was given permission to resume operation of the shredder on December 9, 2020. An inspector from ECC will be on -site periodically over the next several days to monitor the revised processes. ECC staff will be reviewing the approval to operate and associated conditions in the new year as the approval will be expiring at the end of May. If you have further questions or require additional information regarding the AIM facility, please contact Ms. Sheryl Johnstone, Authorizations Branch, at (506) 453-7945 or via e-mail at Shegl.Johnstone nb.ca. Sincerely, 1i Hon. Gary Cr6ssman Minister Environment and Climate Change C. Ms. Sheryl Johnstone, DELG Minister I ministre Environment and Local Government I Emrionnement at gouvemements locaux P.O. Box i C.P. 6000 Fredericton New Brunswick I Nouveau -Brunswick E3B 5Ht Canada www.g nb.ca 411 NewANouveau Brunswick C A N A D A December 7, 2020 Mayor Don Darling The City of Saint John P.O. Box 1971 Saint John, NB E21- 41-1 Mayor Darling: Thank you for your letter dated November 17, 2020 concerning the announcement of the Safe Restart Agreement. We are pleased to implement this municipal funding program in partnership with the federal government. New Brunswick is implementing this program in a manner which guarantees that municipalities will receive payments to eliminate any 2020 net deficit that have occurred as a direct result of COVID-19. Early in November we issued a payment to Saint John for $400,000 to offset your net transit deficit for this year. In addition, staff at the Department of Environment and Local Government are currently processing your claim of $3,376,725.00 received on December 2, 2020. This payment will cover COVID- 19 net impacts on Saint John for 2020, as submitted by your team. You can expect payment for this claim within the next two weeks. The steps you have taken to limit the impacts of COVID-19 on the financial sustainability of Saint John demonstrate proper fiscal management and your efforts do not go unnoticed. As Premier, I have adopted a similar approach for New Brunswick in managing the province's finances during this pandemic. I also want to assure you with respect to the City's short-term funding Agreement with the Province, the City will not be penalized for the funding received under the Safe Restart Agreement. If you have any questions regarding the Safe Restart Agreement, please do not hesitate to contact Mr. Ryan Donaghy, Acting Deputy Minister, Local Government and Local Governance Reform at Ryan. Donaghy(aD-gnb.ca or (506) 453-3256, or Mr. Scott Lloy, Director of Community Funding at Scott.LloyCa)gnb.ca or (506) 476-1473 if program level is preferred. Sincerely, Blaine M. Higgs C. Mr. Ryan Donaghy, Acting Deputy Minister, Local Government & Local Governance Reform Mr. Scott Lloy, Director of Community Funding Office of the Premier / Cabinet du premier ministre www.g n b.ca PA. BoxlC. P.6000 Frcderkton New BrunswlddNouveau-Brunswick MR Canada Tel./TC4.: (506)453-2144 Fax/Tdl@c.: (506) 453 7407 [malKourdel : premieragnbca/premierministre@gnb ca Bezeau Skills January 6, 2021 City of Saint John Common Council PO Box 1971 Saint John, NB E21_ 41_1 Dear Mayor and Council: I would like to thank Mayor and Common Council for allowing my company to operate both the Stu Hurley and Belyea Arenas over the past 2 years. Despite the impacts of Covid-19 pandemic, 2020 was a successful year where we had 1500 number of participants with 150 number being from outside the local region which had a positive economic impact on local hotels and restaurants. Attached to this letter is a proposal I'd like to discuss in taking over a rink permanently and I understand there may be an RFP process at some time to evaluate proposals. I will wait on an invitation from the City to participate in that process. Since it is unlikely to conclude in time for the upcoming season, I would offer to extend the contract we agreed to last year for a further three years while the future of the rinks is explored. My program is targeted at higher level skill development and attracts many visitors from outside the region. Our contract, from my understanding, does not add any cost to the City but does create economic development for the region and I will actively be working to bring people from outside the region to visit Saint John. Thank you for your attention to this matter. Sincerely, Andy Bezeau 42 BAYVIEW DR SAINT JOHN NB 413 License Agreement The City of Saint John and 707990 N.B. Inc. This License made in duplicate this day of January, 2021. BY AND BETWEEN: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" ,10 all: A iJ`►1 ' - and — 707990 N.B. Inc., a company duly incorporated under the laws of the Province of New Brunswick, having its head office at 42 Bayview Drive, in the City of Saint John, County of St. John, Province of New Brunswick, hereinafter called the "Licensee" OF THE OTHER PART WHEREAS the Licensor is the owner of premises known as the Stewart Hurley Arena located at 1500 Hickey Road, Saint John, New Brunswick (the "Premises"); and WHEREAS the Licensee has submitted a proposal to the Licensor for the use of the Premises save and except: the ice plant and maintenance room; ice -making equipment; canteen, office and storage rooms of lacrosse, minor hockey and figure skating and also the use by the Licensor, its officers, servants, agents, contractors and workers of a right of way for access to and from those parts of the Premises not hereby licensed; and WHEREAS the Licensor has agreed to grant the within License upon the terms and conditions herein contained; NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the charges stipulated in this License and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the Premises during such days and periods of occupation and use as are more particularly set out below. All times referenced in this License are expressed in Atlantic Daylight Time and not otherwise. The Licensee may occupy and use the Premises as follows: (a) Between April 151, 2021 to September 30th, 2021 between the hours of 7:00 am until 12:30am, inclusive; 414 License Agreement The City of Saint John and 707990 N.B. Inc. 2 2. (i) On the first day and final day of the License Period, the Licensor and the Licensee shall carry out an extensive walk through of the Premises for the purpose of determining the state and condition of the Premises both before and after the Licensee's exclusive use of the Premises and the Licensee shall be responsible for any damage to the Premises identified on the final day of the License Period that was not identified on the first day of the License Period; (ii) The Licensee shall pay to the Licensor for the occupation and use of the Premises the amount of One Hundred and Forty -Two Thousand Five - Hundred Dollars ($142,500.00) plus HST during the License Period (the " License Fee"); (iii) The payment of the License Fee shall be made to the Licensee by the Licensor by cash or certified cheque at the Office of the Commissioner of Finance, 91h Floor, City Hall Building,15 Market Square, Saint John, New Brunswick, or such other place as may from time to time be designated by the Licensor in the following installments and before the date identified below for the payment of each installment: (a) On or before April W, 202I in the amount of Twenty Three Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of April 2021; (b) On or before May 1", 2021 in the amount of Twenty Three Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of May 2021; (c) On or before June 1", 2021 in the amount of Twenty Three Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of June 202I; (d) On or before July I S', 2021 in the amount of Twenty Three Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of July 2021; (e) On or before August 1", 2021 in the amount of Twenty Three Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of August 202 1, (f) On or before September ? 202I in the amount of Twenty Three, Thousand Seven Hundred and Fifty Dollars ($23,750.00) plus HST for the month of September 202I . (iv) The ice -time purchased at the Premises pursuant to the terms of this License shall be used by the Licensee; however, the Licensee may re -sell its purchased ice -time to a third party/third parties, which shall abide by the terms of this Agreement and which may be prohibited by the Licensor from using the Premises at its sole discretion. 415 License Agreement The City of Saint John and 707990 N.B. Inc. 3 (v) The Licensee shall provide to the Licensor on a weekly basis no later than the preceding Wednesday the Licensee's schedule of ice use for the following week (Sunday to Saturday, inclusive). Should there be any changes to the schedule of ice use, the Licensee shall notify the Licensor in writing immediately of any such changes. (vi) The Licensor shall reserve one (1) storage room of the Licensor's choosing during the License Period that the Licensor shall do with as it sees fit but which shall primarily be used for storing property belonging to the Licensor. 3. (i) The Licensor may terminate this License and the Licensee shall have no further recourse should the Licensee fail to pay the License Fee pursuant to the terms of this License or otherwise fail to meet any obligations, conditions or agreements stipulated in this License. (ii) The Licensee may terminate this License upon the giving of advance written notice of Thirty (30) business days. Should such a termination occur, the Licensee shall be refunded a pro -rated share of the License Fee as calculated by reference to the days remaining during the License Period. (iii) Should the Licensee terminate this License without giving the advance written notice required in Article 3(ii) above, the Licensee shall be obligated to pay to the Licensor, as a penalty for providing inadequate written notice, the equivalent of Three (3) weeks of the License Fee, as calculated by reference to the applicable License Fee payable in the month(s) that are covered by the specific period in question. 4. (i) The Licensee shall keep in place during the full term hereof comprehensive general liability insurance in a minimum amount of Five Million ($5,000,000.00) Dollars wherein the Licensor is named an "additional insured" and wherein there is a cross -liability clause, all of which also expressly covers and protects the Licensor in circumstances where the Licensee chooses to re -sell ice -time pursuant to Article 2(iii) above and which also expressly covers any allegations/claims of physical or sexual abuse; (ii) The Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described in hereof and providing that coverage shall not be altered or cancelled without the insurers giving thirty (30) days' notice in writing to the Licensor prior to any such alteration or cancellation. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss or damage is due to the negligence of the Licensor or its employees, servants or agents. 6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this License or anything done or purported to be done in any manner hereunder. 7. The Licensee and all the Licensee's customers shall, at all times, comply with such rules and regulations in use by the Licensor from time to time as may be reasonably applicable, currently entitled "City of Saint John Parks & 416 License Agreement The City of Saint John and 707990 N.B. Inc. 4 Recreation Arena Use Regulations", a copy of which is attached hereto as Schedule "A". 8. Except in accordance with the terms of this License, the Licensee shall not assign, transfer or otherwise by any act cause or permit this permission and license or any portion hereof to be assigned or transferred to any person(s) whomsoever. 9. The Licensee shall, upon the termination of this License, immediately and at its own expense, remove from the Premises any and all property brought or placed upon the Premises by the Licensee and shall restore the Premises to as good an order and condition as prevailed immediately prior to the commencement of the term hereof and in the event of the failure of the Licensee to do so with reasonable expedition, of which the Licensor shall be the sole judge, the Licensor may effect such removal and restoration at the Licensee's own risk and expense, but the Licensor shall be by reason of any action taken or things required under this paragraph be entitled to compensation, reimbursement and indemnity from the Licensee. 10. Should it be necessary for the Licensee to contact the Licensor during the License Period respecting any operational matters or issues arising under this License, the Licensee shall follow the protocol of contact the following representatives of the Licensor in the following sequence: (1) Jen Reed at ien.reed@saintiohn.ca or 506.721.0289; (2) Tim O'Reilly at tim.oreilly@saintiohn.ca or 506.651.6178, and (3) Steve Bishop at steve.bishop@saintiohn.ca or 506.654.0463. 11. The Licensor shall: (a) maintain the ice and operate the premises at the same standard used during the regular season; (b) pay for all maintenance and operating costs; (c) provide one experienced employee on site during the hours of operation; (d) in the event of breakdown that causes the Premises to be unavailable for a day or any portion thereof, the Licensee shall be given a refund of Five Hundred Dollars ($500.00) per day up to a total maximum of Fifteen Thousand Dollars ($15,000.00). (e) The Licensor shall not lease any of its other Three (3) arenas to any other individuals or entities between April 1, 2021 and September 30, 2021 for activities that would be in direct competition with the activities of the Licensor, namely that of an ice hockey training school, and, during the aforementioned period, there shall be no ice surfaces in the Licensor's other Three (3) arenas. 12. Force Majeure. Notwithstanding anything to the contrary contained herein, the Licensor shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of facilities, labour difficulties (including any event of strike or lockout arising in the context of the Licensor's workplace), war, or civil unrest. 417 License Agreement The City of Saint John and 707990 N.B. Inc. 5 IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. Signed, sealed and delivered THE CITY OF SAINT JOHN Don Darling, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: January , 2021 707990 N.B. Inc. Per: Andrew Bezeau, President SCHEDULE "A" CITY OF SAINT JOHN PARKS & RECREATION ARENA USE REGULATIONS 1) Ice maintenance is completed at times mutually agreed by the Licensee and Licensor except that the Licensor at its sole discretion may cause ice maintenance to occur at any time to ensure the quality of the ice. 2) Should any booked period be sold to another user, the Licensor must be so advised. Should a dispute arise at the rink, the attendant will defer to the Licensee. 3) The City's Arena Code of Conduct is in effect. 4) The Licensee is responsible for damages to the premises arising out of his use of the facility. 5) The arena attendant on duty is in complete charge of the facility, and his/her instructions are to be followed at all times. 6) All persons on the ice must wear skates. 7) No food or drink is allowed while skating. 8) The City of Saint John, its employees, and agents, cannot be held responsible for any personal injury suffered by any user as a result of the Licensee's programs. 419 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province of New Brunswick, MAKE OATH AND SAY: THAT I am the Common Clerk of The City of Saint John and have custody of the Common Seal hereof. 2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Don Darling" to the said instrument is the signature of W. Donald Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO BEFORE ME at the City of Saint John, in the County of Saint John and Province of New Brunswick this day of , 2021 Commissioner of Oaths Being a Solicitor Jonathan Taylor 420 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Andrew Bezeau, of the of , County of and Province of New Brunswick, MAKE OATH AND SAY: I. THAT I am the President of 707990 N.B. Inc., the licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of 707990 N.B. Inc. is the corporate seal of the said 707990 N.B. Inc., the contractor named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Andrew Bezeau" subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the of , in the Province of New Brunswick on the day of , 2021. SWORN TO BEFORE ME at the of , in the County of and Province of New Brunswick this day of 12021 Commissioner of Oaths Being a Solicitor Andrew Bezeau 421 f- L ■ �■ ? oo � ;in All Pro Hockey Incorporated Athletic Tourism -Community & Economic Development Saint John, New Brunswick -July 2020 Background Company President Andy Bezeau Saint John native with 22 seasons in minor hockey in both North America and Europe Drafted by the Boston Bruins in the 11 th round of the 1990 NHL Entry Draft Former Scout - Montreal Canadiens Certified Power Skating Instructor with Skate Canada All Pro Hockey Inc. 20+ years of Skill Development in Canada and United States Recreational and Elite Level Development Training July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Our Vision All Pro Hockey Inc's team of experienced coaches come from the ranks of Professional, University, Junior, and Elite Minor Hockey programs and is a leader in Hockey Development for players of all ages. All Pro Hockey's vision is to be recognized as the program of choice for players with professional goals while offering development and growth opportunities for recreational players. To establish, in addition to Hockey Programs; Learn to Skate, Daily Public Skating (Senior & Youth), Ball Hockey, Lacrosse, Figure Skating & Speed Skating Programs, Bingo as well as Community Events (i.e Car Show) To be recognized for positive contributions to the community away from the arena and to be a mentor for youth through leadership and development. To foster a sense of community and contribute to community growth. July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Community Prosperity We recognized the seriousness of current and future economic challenges faced by the City of Saint John and want to be part of the solution. In the current era of decreasing municipal resources, municipal ownership & operation of recreation facilities/projects is unsustainable. We want to be part of the solution! Athletic Tourism is one of the fastest growing sectors in tourism. Sport events of various kinds and sizes (i.e Hockey, Figure Skating, Speed Skating) attract tourists as participants or spectators and through community partnerships, we will add local flavors to the programs to distinguish them and provide authentic local experiences. Sporting events and training programs like All Pro's are recognized as a catalyst for tourism development when successfully leveraged in terms of destination branding, infrastructure development and other economic and social benefits. July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development L� Minor Hockey Winter Tournaments March Break Tournament ialized Sports Training Ault - Co -Ed Winter Tournament Adult - Female Winter Tournament Figure Skating peed Skating • 1 1 :j 1 [ • l • 1 = • Spring Hockey Competitive Elite Youth Tournament Recreational Youth Tournament Specialized Sports Training Adult - Co -Ed Competitive Tournament Adult - Female Competitive Tournament Ball Hockey / Lacrosse Community Events (i.e Car Show) LI Summer Camps Minor Hockey Showcase Challenge Cup Pre -Season Tournament Competitive Elite Youth Tournament Fall Tournament Recreational Youth Tournament Holiday Two Line Specialized Sports Training Specialized Sports Training Adult - Co -Ed Summer Recreational Adult - Female Summer Recreational Cross Fit Events Dance / DJ Events / Craft Fair Adult - Co -Ed Fall Tournament Adult - Female Winter Tournament Broom Ball Roller Derby Community Benefit: Quality of Life Community Pride - building national leaders Training and exercise programs for Youth, Adults & Seniors Improve attractiveness of our City to prospective newcomers Support for Mental Health through positive community interactions Youth, Adult and Senior Recreation July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Community Economic Benefits New Activity Through our vast network of contacts, All Pro Hockey Inc. will target the US market for camps and training programs. Saint John has a competitive advantage due to proximity to largest hockey market in the US. Not a zero sum game as established youth and community leagues will still require ice rentals. This will be new economic activity for Saint John. Model proven to work with successful programs in Moncton, Charlottetown, and Halifax that add tremendous value to their respective cities. July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Community Economic Benefits L\% Economic Development ➢ Business model projects a significant annual economic benefit to Saint John area businesses. ➢ In 2023, All Pro Hockey Inc will diversify into other sports and offer programs for Soccer, Lacrosse, etc. July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Community Economic Benefits New Jobs With full execution of our business plan, All Pro Hockey Inc projects new jobs will create an additional payroll benefit of $750,000 - $1,000,000 in gross wages. We will require a diverse set of resources such as: Time Keepers Referees Facility Attendants Planners Trainers Administrative & Professional support July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Community Economic Benefits * Cost Savings The City of Saint John will eliminate annual direct operating cost between $150,000 and $200,000 per rink. Future capital expenditures will no longer be required and funds can be diverted to support different infrastructure. With the age of the arena facilities, capital cost for repairs is unknown. *Projected Cost Savings are for one rink and/or taking over Management of one facility July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development Public & Private Partnership in Recreation Early 2000's saw Municipalities looking for alternatives to the traditional method of delivering recreation infrastructure to their communities. Partnerships have been developed & implemented across countless communities across Canada including Moncton NB, Halifax NS and Dartmouth NS. Next steps All Pro Hockey Inc is requesting the right to operate 1 rink or all City rinks Athletic Tourism is a model that is proven to work and will provide an economic and quality of life benefit to the City of Saint John. Thank you for taking the time to consider our proposal and we are available at your convenience to discuss terms and conditions! July 2020 - All Pro Hockey Incorporated: Athletic Tourism - Community & Economic Development COMMITTEE OF THE WHOLE REPORT Report Date I January 11, 2021 Members of Common Council: SUBJECT: COMMITTEE OF THE WHOLE RECOMMENDING BOARD APPOINTMENTS The Committee of the Whole, having met on January 11t", 2021, recommended that Council make the following board appointments: Saint John Parking/Transit Commission: to reappoint Kay Gillis for a 3-year term from February 26, 2021 to February 25, 2024; to appoint Tina Collins, Nick Cameron, and Kurt Peacock each for 3-year terms from January 10, 2021 to January 10, 2024. 434