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2022-05-02_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, May 2, 2022 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. 1. Call to Order 1.1. Land Acknowledgement 1.2. National Anthem 2. Approval of Minutes 2.1. Minutes of April 19, 2022 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda Pages 6-18 5.1. Subdivision Application - 1965 Sandy Point Road (Fieldstone Estates) 19 - 32 (Recommendation in Report) 5.2. License for Loyalist Day Military Gun Salute at 289 Sydney Street 33 - 38 (Recommendation in Report) 5.3. Appointment of Heritage Officers pursuant to the Heritage Conservation Act 39 - 40 (Recommendation in Report) 5.4. License Agreement for Inspire Festival Mural on City Property 41 - 50 (Recommendation in Report) 5.5. Deterring Nuisance Geese in City Recreational Areas (Recommendation: 51 - 57 Receive for Information) 5.6. Proposed Public Hearing Date — Wild Fox Drive/Manawagonish Road 58 - 59 (Recommendation in Report) 5.7. Submission to the NB Commissioner on Systemic Racism (Recommendation in 60 - 71 Report) 5.8. Canadian Corps of Commissionaires NB & PEI Division 2022 Service 72 - 78 Agreement (Recommendation in Report) 5.9. Contract No. 2022-08: Dominion Park Road — Sanitary Force Main 79 - 81 (Recommendation in Report) 5.10. Network Resource Establishment Increase to Support SCADA 82 - 84 (Recommendation in Report) 5.11. Tender 2022-681001T- Phosphate for Corrosion Control (Recommendation in 85 - 88 Report) 5.12. Appointment of Chairperson and Vice -Chairpersons for Saint John 89 - 122 Substandard Properties Appeal Committee (Recommendation in Report) 5.13. Contract 2022-06: Coleson Cove Raw Water Transmission Main Upgrades 123 - 126 Phase 2 (Recommendation in Report) 5.14. Highway Usage Permit and Crossing Agreement for the 2022 Memorial Cup — 127 - 192 Legacy Project (Recommendation in Report) 5.15. Request for Proposals 2022 - 085001 P: Public Space at Market Slip and 193 - 195 Harbour Passage Extension — Ice Rink Refrigeration Equipment (Recommendation in Report) 5.16. Request for Proposals 2022 - 562001 P: Public Space at Market Slip and 196 - 198 Harbour Passage Extension — Water Fountain Mechanical Equipment (Recommendation in Report) 5.17. Request for Proposals 2022 - 562001 P: Public Space at Market Slip and 199 - 202 Harbour Passage Extension - Granite Block Supply (Recommendation in Report) 5.18. Request for Proposals 2022 - 544001 P: Public Space at Market Slip and 203 - 206 Harbour Passage Extension — Glazed Structures (Recommendation in Report) 5.19. Roof Rehabilitation Fire Station #1: 47 Leinster Street (Recommendation in 207 - 208 Report) 5.20. Roof Rehabilitation Various Water Facilities (Recommendation in Report) 209 - 211 K 6. Members Comments 7. Proclamation 7.1. Emergency Preparedness Week - May 1 to May 7, 2022 7.2. World Press Freedom Day - May 3, 2022 7.3. National Police Week - May 8 to May 14, 2022 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1. Proposed Section 59 Amendment - 117 Carleton Street 10. Consideration of By-laws 10.1. Proposed Municipal Plan Amendment - 1461 Manawagonish Road - Public Presentation 10.2. Revised Code of Conduct (1st and 2nd Reading) 10.3. A By -Law respecting the Regulation of Ridesharing Companies in The City of Saint John (3rd Reading) 10.4. A Law to Amend a By -Law respecting Water and Sewerage (3rd Reading) 10.5. By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John (3rd Reading) 11. Submissions by Council Members 11.1. Discussion on Housing (Councillor Harris) 11.2. Municipalities Mobilizing (Deputy Mayor MacKenzie) 11.2.1. Roma de Robertis correspondence regarding Earth Day 12. Business Matters - Municipal Officers 12.1. Demolition of Vacant, Dilapidated and Dangerous Building at 134 Taylor Ave (PID 00046375) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 212 - 212 213 - 213 214 - 214 215 - 249 250 - 274 275 - 306 307 - 331 332 - 336 337 - 338 339 - 339 340 - 340 341 - 341 342 - 365 K 15. General Correspondence 15.1. Saint John Board of Police Commissioners: Election of Officers (Recommendation: Receive for Information) 15.2. ME Carpenter: Council transit representative mandated obligations (Recommendation: Refer to City Manager) 15.3. Saint John Theatre Company: Request for Support (Recommendation: Refer to the Growth Committee) 16. Supplemental Agenda 17. Committee of the Whole 17.1. City Market Lease Renewal with the Butcher's Daughter Gift Shoppe 17.2. City Market Lease Renewal with Dae Leon Lee dba Howard's Convenience 17.3. Professional Services Agreement for Strategic Governance Training for Council 18. Adjournment 366 - 366 367 - 367 368 - 399 400 - 400 401 - 401 402 - 402 lel City of Saint John Common Council Meeting Monday, May 2, 2022 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 pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Personal Matter 68(1)(b) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) 1.8 Financial Matter 68(1)(c) 1.9 Personal Information 68(1)(b) Ville de Saint John Seance du conseil communal Lundi 2 mai 2022 18h 2e etage, salle du conseil communal, h6tel de ville 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 — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Approbation 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 personnelle 68(1)(b) 1.6 Question financiere 68(1)(c) 1.7 Question financiere 68(1)(c) 1.8 Question financiere 68(1)(c) 1.9 Renseignements personnels 68(1)(b) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance du territoire 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Proces-verbal du 19 avril 2022 K 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5,1. Demande de lotissement — 1965 Sandy Point Road (Fieldstone Estates) (Recommendation clans le rapport) 5.2 Permis pour la salve d'honneur militaire de la Journee des Loyalistes au 289, rue Sydney (recommendation clans le rapport) 5.3 Nomination d'agents du patrimoine en vertu de la Loi sur to conservation du patrimoine (recommendation clans le rapport) 5.4 Accord de permis pour la fresque murale du festival Inspire sur la propriete de la ville (recommendation clans le rapport) 5.5 Approche pour les oies nuisibles clans les zones de loisirs de la ville (recommendation : depot pour information) 5.6 Date proposee pour I'audience publique — Wild Fox Drive/Manawagonish Road (recommendation clans le rapport) 5.7 Soumission au Commissaire sur le racisme systemique du NB (recommendation clans le rapport) 5.8 Corps canadien des commission naires, Division du N.-B. et de I'I.-P.-E. — Entente de service 2022 (recommendation clans le rapport) 5.9 Contrat n' 2022-08 : Dominion Park Road — Conduite de refoulement sanitaire (recommendation du rapport) 5.10 Augmentation des ressources du reseau pour soutenir SCADA (recommendation clans le rapport) 5.11 Appel d'offres 2022-681001T — Phosphate pour le controle de la corrosion (Recommendation clans le rapport) 5.12 Nomination du president et du vice-president du Saint John Substandard Properties Appeal Committee (recommendation clans le rapport) 5.13 Contrat 2022-06 : Phase 2 de I'amelioration de la conduite d'eau brute de Coleson Cove (CBCL Limited) 5.14 Permis d'utilisation de ('autoroute et accord pour le projet de la Coupe Memorial 2022 (recommendation clans le rapport) K3 5.15 Demande de propositions 2022-085001P : Espace public a Market Slip et prolongement du passage du port — Equipement de refrigeration de la patinoire (recommendation clans le rapport) 5.16 Demande de propositions 2022-562001P : Espace public a Market Slip et extension du passage du port — equipement mecanique de la fontaine (recommendation clans le rapport) 5.17 Demande de propositions 2022-562001P : Espace public a Market Slip et extension du passage du port — Approvisionnement en blocs de granit (recommendation clans le rapport) 5.18 Demande de propositions 2022-544001P : Espace public a Market Slip et extension du passage du port — Structure vitree (recommendation clans le rapport) 5.19 Rehabilitation du toit de la caserne de pompiers n° 1 : 47 Leinster Street (recommendation clans le rapport) 5.20 Reparation de la toiture de diverses installations d'eau (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la securite civile — du ter au 7 mai 2022 7.2 Journee mondiale de la liberte de la presse — 3 mai 2022 7.3 Semaine nationale de la police — du 8 au 14 mai 2022 8. Delegations et presentations 9. Audiences publiques 9.1 Modification proposee a I'article 59 —117, rue Carleton 10. Etude des arretes municipaux 10.1 Proposition de modification du plan municipal — 1461, chemin Manawagonish — Presentation publique 10.2 Code de conduite revise (11e et 2e lecture) 10.3 Arrete relatif a la reglementation des societes de covoiturage clans The City of Saint John (3e lecture) 10.4 Loi modifiant un reglement sur I'eau et les egouts (3e lecture) CI 10.5 Arrete relatif a la fermeture des chemins, des rues ou des routes clans The City of Saint John (3e lecture) 11. Interventions des membres du conseil 11.1 Discussion sur le logement (conseiller Harris) 11.2 Des municipalites se mobilisent (adjoint a la mairesse MacKenzie) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demolition d'un batiment vacant, delabre et dangereux au 134, Taylor Avenue(NID 00046375) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Conseil des commissaires de police de Saint John : Election des membres (recommendation : dep6t pour information) 15.2 ME Carpenter : Obligations mandatees des representants des transports en commun du Conseil (recommendation : consulter le directeur municipal) 15.3 Saint John Theatre Company : Demande de soutien (recommendation consulter le Comite de croissance) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Renouvellement du bail du marche de la ville avec la boutique Butcher's Daughter 17.2 Renouvellement du bail du marche de la ville avec Dae Leon Lee dba Howard's Convenience 17.3 Entente de services professionnels pour la formation en gouvernance strategique pour le Conseil 18. levee de la seance 61 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 19, 2022, AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie by electronic participation Councillor -at -Large Gary Sullivan by electronic participation Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: Acting City Manager Chief of Staff & Chief Financial Officer K. Fudge General Counsel M. Tompkins Commissioner HR S. Hossack Director Transit and Fleet I. Fogan Deputy Fire Chief M. Carr Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Director Finance J. Forgie Commissioner, Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Administrative Officer R. Evans C.1 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 1. Call to Order Councillor Radwan read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by video 1.3 Procedural Bvlaw Matter Moved by Councillor Radwan, seconded by Councillor Harris: RESOLVED that section 7.5 of the Procedural By -Law be suspended to allow the participation of Council Members Deputy Mayor MacKenzie and Councillor Sullivan to attend electronically. MOTION CARRIED UNANIMOUSLY 2. Approval of Minutes 2.1 Minutes of April 4th, 2022 Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the meeting minutes of April 4t", 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Hickey, seconded by Councillor Stewart: RESOLVED that the meeting agenda of April 19t", 2022, be adopted with the addition of the following items: 17.1 Amended Letter of Engagement - PwC 17.2 Assignment of Lease re Sagrati's - City Market MOTION CARRIED 4. Disclosures of Conflict of Interest Councillor Killen declared a conflict -of -interest with item 17.2. 5. Consent Agenda 2 r� COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 5.1 That as recommended by the City Manager in the submitted report M&C 2022- 117: Property Assessment Data Use and Confidentiality Agreement, the City enter into a Data Use and Confidentiality Agreement with Service New Brunswick for the supply of certain confidential information, in the form attached to M&C No. 2022-117; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. 5.2 That as recommended by the City Manager in the submitted report M&C 2022- 121: Apple Business Manager Agreement, Common Council authorize Information Technology staff to enter into an online Apple Business Manager Agreement with Apple Inc. to automate and manage content of Apple -branded devices; and that Common Council accept the Terms and Conditions of said Agreement in the form attached to M&C 2022-121. 5.3 That as recommended by the City Manager in the submitted report M&C 2022- 128: Engineering Services: Market Place West - Phase 111 Revitalization, Common Council approve the proposal from Glenn Group Landscape Architects and Park Planners, for architectural design, engineering services, and construction management services for the Market Place West Phase III Revitalization project in the amount of $80,822.00 including HST and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.4 That as recommended by the City Manager in the submitted report M&C 2022- 119: 2022 Regional Digital Orthophotography Acquisition, Common Council accept the proposal submitted by First Base Solutions, for the acquisition of 2022 digital orthophotography, in the amount of $87,002.79 plus HST. 5.5 That as recommended by the City Manager in the submitted M&C Report 2022- 116: Contract No. 2022-10: Asphalt Resurfacing 2022 the tender be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $7,010,536.33 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.6 That as recommended by the City Manager in the submitted report M&C 2022- 125: Designation of By -Law Enforcement Officer - Jason Romhild, Common Council appoint Jason Romhild as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law, the appointment being more fully described in the attachment to the submitted report. 5.7 That as recommended by the City Manager in the submitted report M&C 2022- 120: Designation of By-law Enforcement Officers, Common Council appoint Barbara Crawford, Jocelyne Leblanc and P. Joel Landers as by-law enforcement officers for A By- law Respecting Weight Restrictions within The City of Saint John, By-law Number LG-17, the appointment being more fully described in the attachment to the submitted report. 5.8 That as recommended by the City Manager in the submitted report M&C 2022- 103: Amending Agreement to Lease 398 with the Saint John Port Authority, the City enter into an Amending Agreement to Lease 398 with the Saint John Port Authority in the form attached to M&C No. 2022-103; and that the Mayor and City Clerk be authorized to execute said Amending Agreement and any documents ancillary thereto. E:3 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 5.9 That as recommended by the City Manager in the submitted report M&C 2022- 096: Engineering Services: Menzies Lake Dams and Access Road Drainage Upgrades, Common Council accept the proposal from GEMTEC Consulting Engineers and Scientists Limited, for engineering design and construction management services for the Menzies Lake Dams and Access Road Drainage Upgrades in the amount of $246,836.00 including HST and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.10 That as recommended by the City Manager in the submitted report M&C 2022- 127: Request for Proposals 2022-621001 P - Public Space at Market Slip & Harbour Passage Extension - Pedestrian Level Light Fixtures, Common Council approve the following: 1) The proposal from Schreder Inc. to supply 58 pedestrian level lighting fixtures in a variety of styles in the amount of $453,445.00 plus HST be accepted; 2) Supply Chain Management be authorized to purchase the pedestrian level lighting fixtures; and 3) The Mayor and City Clerk be authorized to execute any necessary contract documents. 5.11 That as recommended by the City Manager in the submitted report M&C 2022-124 Request for Proposals 2022-562002P Public Space at Market Slip & Harbour Passage Extension — Concrete Pavers, Common Council approve the following: 1) The proposal from Techo-Bloc Inc. to supply 59,808 square feet of concrete pavers in variety of styles in the amount of $652,903.78 plus HST as calculated based upon estimated quantities be accepted; 2) Supply Chain Management be authorized to purchase the concrete unit pavers; and 3) The Mayor and City Clerk be authorized to execute any necessary contract documents. 5.12 That as recommended by the City Manager in the submitted report M&C 2022- 126: Proposed By -Law Amendment - Heritage Conservations Areas By -Law, Common Council set the public hearing date of May 16, 2022, to consider an amendment to the Heritage Conservation Areas By -Law concerning the removal of 66 Sydney Street from the Princess Street Heritage Conservation Area. 5.13 That the submitted report M&C 2022-130: 2022 Roadway Construction Projects, be received for information. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamation COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 7.1 National Immunization Awareness Week - April 23 to April 30. 2022 Mayor Donna Noade Reardon proclaimed the week of April 23 to April 30, 2022, as "National Immunization Awareness Week" in The City of Saint John. 7.2 GBS/CIDP Awareness Month- May 2022 Mayor Donna Noade Reardon proclaimed the month of May 2022, as "GBS/CIDP Awareness Month" in The City of Saint John. 8. Delegations/Presentations 9. Public Hearings- 6:30pm 9.1 Initiate Stop -Up and Closure for Portion of Chipman Hill (1st and 2nd Reading) The City Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop -up and close a portion of Chipman Hill, by adding thereto Section 6 immediately after Section 5 thereof, with no written objections received. Referring to the submitted report M&C 2022-123: Initiate Stop -Up and Closure for Portion of Chipman Hill General Counsel M. Tompkins advised the owner of the City Hall property is currently renovating upper floors in the building and is planning a major renovation to the pedway level, commonly referred to as the Shoppes of City Hall. The owner has asked the City to stop -up and close an 11 square metre portion of Chipman Hill right-of-way to enable the construction of a wheelchair accessible ramp into the pedway level of the building. Mayor Noade Reardon called the Public Hearing to Order The Mayor called for members of the public to speak against the application with no one presenting. The Mayor called for members of the public to speak in favour of the application with no one presenting. Mayor Noade Reardon closed the Public Hearing Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the Closing of Roads, Streets or Highways in The City of Saint John," regarding a portion of Chipman Hill by adding thereto Section 6 immediately after Section 5 thereof, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the Closing of Roads, Streets or Highways in The City of Saint John." Moved by Councillor Stewart, seconded by Councillor Hickey: ito] COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 RESOLVED that the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the Closing of Roads, Streets or Highways in The City of Saint John," regarding a portion of Chipman Hill by adding thereto Section 6 immediately after Section 5 thereof, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the Closing of Roads, Streets or Highways in The City of Saint John." 10. Consideration of By -Laws 10.1 A Law to Amend a By -Law respecting Water and Sewerage (1st and 2nd Reading) Commissioner McGovern advised of the repeal and replacement of Schedule "E" of the By -Law respecting Water and Sewerage. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage," repealing and replacing Schedule "E" Raw Industrial Water Customers and Rates, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage." Moved by Councillor Harris, seconded by Councillo Killen: RESOLVED that the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage," repealing and replacing Schedule "E" Raw Industrial Water Customers and Rates, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water and Sewerage." 10.2 Zoning By -Law Amendment with Section 59 Conditions — 35 Margaret Street (31d Readin Commissioner Hamilton advised that all legislative requirements have been met and the section 59 conditions satisfied. Moved by Councillor Stewart, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-134 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read. MOTION CARRIED. 11 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 The by-law entitled, "By -Law Number C.P. 111-134 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Killen, seconded by Councillor Stewart: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as PID Number 00316950: a) The building is limited to a maximum of four dwelling units. MOTION CARRIED. Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-134 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 488 m2, located at 35 Margaret Street, also identified as portions of PID Number 00316950, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-134 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Ride Sharing By -Law (1 st and 2nd Reading) Commissioner Hugenholtz advised that the Provincial government made amendments to the Motor Vehicle Act in 2020 to allow for ridesharing companies to offer services where municipalities have enacted a governing by-law. Input was sought from the public which indicated overwhelming support for the introduction of ridesharing services in our community. Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the Regulation of Ridesharing Companies in The City of Saint John," be read a first time. MOTION CARRIED Read a first time by title, the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the Regulation of Ridesharing Companies in The City of Saint John." Moved by Councillor Norton, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the Regulation of Ridesharing Companies in The City of Saint John," be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the Regulation of Ridesharing Companies in The City of Saint John." 12 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 11. Submissions by Council Members 11.1 Request to Purchase In -Person Ticket for FCM Annual Conference (Councillor Killen Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that Common Council approve the request for funding for Councillor Joanna Killen for the registration costs to attend the FCM Annual Conference in -person in 2022. MOTION CARRIED 11.2 Envision Saint John Quartelv UDdate (Councillor Radwan Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that Envision Saint John be asked to attend an upcoming Common Council meeting to provide a quarterly update. MOTION CARRIED with Councillor Lowe voting nay. 12. Business Matters - Municipal Officers 12.1 City of Saint John Public Transit and Fleet Low Carbon Migration Strategy Referring to the submitted report Commissioner McGovern and Energy Manager S. Yammine along with Wood Environment & Infrastructure Solutions consultants Naeem Farooqi, Global Director Zero Emissions Mobility, and Matthieu Goudreau, Consultant Zero Emissions Mobility, presented the City of Saint John Public Transit and Fleet Low Carbon Migration Strategy which includes a roadmap to help the City reach net zero by 2040. The Strategy also includes key milestones for updates and an overall examination of the potential cost and savings generated with implementation. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-118: City of Saint John Transit and Fleet Low Carbon Migration Strategy, Common Council: 1) Adopt the City of Saint John Public Transit and Fleet Low Carbon Migration Strategy dated March 28, 2022, as appended to M&C 2022-118 subject to approved budgets, and 2) Direct staff to apply to the Federation of Canadian Municipalities (FCM) under the Green Municipal Fund (GMF) for the Fleet and Transit Pilot Project. MOTION CARRIED 12.2 2022 Memorial CuD - Leaacv Proiect Acting City Manager K. Fudge introduced the national event, the 2022 Memorial Cup tournament and the Legacy Project. The 2022 Memorial Cup Saint John Host Company Inc., also known as the Host Organizing Committee, wishes to leave a legacy project to the City of Saint John. The project would be the construction of a ball hockey surface 13 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 adjacent to the skateboard park in the area of TD Station. The cost of construction of the ball hockey surface would be borne by the Host Organizing Committee and the site would be turned over to the City of Saint John to maintain and operate as detailed in the submitted Donation Agreement. Commissioner McGovern addressed the Donation Agreement and Permit License. Mark Anthony Ashfield, Chair of the Host Organizing Committee, addressed the history of the Memorial Cup bid process, the positive impact of the event in the Community and the physical legacy project. Moved by Councillor Killen, seconded by Councillor Stewart: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-129: 2022 Memorial Cup - Legacy Project, Council approves the following: 1. The City enter into a Donation Agreement with the 2022 Memorial Cup Saint John Host Company Inc. for the purpose of receiving a newly constructed ball hockey arena in the form attached to M&C No. 2022-129; and that the Mayor and City Clerk be authorized to execute the necessary Donation Agreement documents; and, 2. The Mayor and City Clerk be authorized to execute the Canadian National Railway Company Release of Liability and Permit License document in the form attached to M&C No. 2022-129 for purposes of allowing the construction of the ball hockey arena. MOTION CARRIED. Councillor Lowe withdrew from the meeting. 12.3 Easement Amendment and License for an Outdoor Ball Hockey Arena - Station Street Referring to the submitted report M&C 2022-135: Easement Amendment and License for an Outdoor Ball Hockey Arena - Station Street General Counsel M. Tompkins advised Council the Memorial Cup Organizing Committee proposes to leave as a legacy gift to the City an outdoor ball hockey arena, at a site adjacent to the Skateboard Park, near TD Station. The purpose of this report is to seek permission for the City to enter into agreements that will facilitate construction on the City and Port lands. Moved by Councillor Killen, seconded by Councillor Ogden: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-135: Easement Amendment and License for an Outdoor Ball Hockey Arena - Station Street: 1. The City enter into a License Agreement with 2022 Memorial Cup Saint John Host Company Inc. for the purpose of granting a construction license for an Outdoor Ball Hockey Arena generally in the form as attached to M&C No. 2022-135 and that the Mayor and Clerk be authorized to execute the said License Agreement and any document ancillary thereto; and further 2. The City enter into an amended and restated Indenture for an easement on Saint John Port Authority Lands for the purpose of permitting the construction and 14 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 operation of an Outdoor Ball Hockey Arena generally in the form as attached to M&C No. 2022-135 and that the Mayor and Clerk be authorized to execute the said Indenture and any document ancillary thereto. MOTION CARRIED. Councillor Lowe re-entered the meeting. 13. Committee Reports 13.1 Finance Committee: Internal Audit Services Councillor Sullivan Chair Finance Committee advised the purpose of this report is to provide the internal audit plan for the 2022 calendar year which includes two internal audit projects (Market Square Contract Compliance Internal Audit and Health and Safety Internal Audit for Saint John Water) and to seek approval of the internal audit plan. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2022-094: Internal Audit Services, Common Council approve the submitted Internal Audit Plan for 2022. MOTION CARRIED. 13.2 Growth Committee: Updates to Land for Public Purpose Policy Referring to the submitted report M&C 2022-133: Updates to Land for Public Purpose Policy, Chair of the Growth Committee Councillor Killen advised the City of Saint John's Land for Public Purposes Policy provides a framework for utilizing available development land and/or money in lieu of land to support recreation, park space and wellness in Saint John. The purpose of the proposed amendments is to reduce staff and public interpretation of the grant policy, and to strengthen support for community organizations. Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2022-133: Updates to Land for Public Purpose Policy, Common Council adopt the following policy statement: "The City of Saint John's Land for Public Purposes Policy ensures alignment with provincial legislation and a process to utilize available funds through the provision of money -in -lieu -of -land through the development approval process to support recreation, park space and wellness in Saint John." MOTION CARRIED. 13.3 Growth Committee: Municipal ENCORE program - 2022 Sidewalk Cafe Rebate Initiative Referring to the submitted report M&C 2022-132: Municipal ENCORE Program: 2022 Sidewalk Cafe Rebate Initiative, Chair of the Growth Committee Councillor Killen 10 15 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 introduced the report recommendation that Council implement the 2022 Sidewalk Cafe Rebate Initiative which will effectively waive 100% of sidewalk cafe permit fees and fees for parking spaces where larger patios are constructed. This program was offered as a pilot program by the City in 2021, and due to the long-term impacts of the pandemic on our hospitality sector, the Growth Committee recommend offering the program once again in 2022. Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2022-132: Municipal ENCORE Program: 2022 Sidewalk Cafe Rebate Initiative, Common Council: Enact and direct the City Manager to implement the 2022 Sidewalk Cafe Rebate Initiative; and, that the City direct up to $20,000 to rebate applicants who pay for sidewalk cafe permit fees, zoning confirmation fees and fees for parking spaces through this initiative from the growth reserve funds already allocated to the Municipal Economic and Community Recovery Program. MOTION CARRIED. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Big Brothers Big Sisters: Bowl for Kids' Sake — Ticket Purchase Request (Recommendation: Refer to Clerk to purchase tickets for interested Council members) Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the ticket purchase request regarding Big Brothers Big Sisters Bowl for Kids' Sake be referred to the City Clerk to purchase tickets for interested Council members. MOTION CARRIED. 15.2 YMCA Red Triangle Awards - Ticket Purchase Request (Recommendation: Refer to Clerk to purchase tickets for interested Council members) Moved by Councillor Hickey, seconded by Councillor Ogden: RESOLVED that the ticket purchase request regarding the YMCA Red Triangle Awards be referred to the City Clerk to purchase tickets for interested Council members. MOTION CARRIED. 15.3 K. Carpenter: Sidewalk Dedication between new Wentworth and Princess Street (Recommendation: Receive for Information) Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the letter from K. Carpenter: Sidewalk Dedication be referred to the Civic Commemorations Committee. MOTION CARRIED. 11 COMMON COUNCIL / CONSEIL COMMUNAL April 19, 2022 / le 19 avril 2022 15.4 Falun Dafa Association of Canada: Falun Dafa Day Celebration - Request for Recognition Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the request for recognition from Falun Dafa Association of Canada be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Amended Letter of Engagement - PwC Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that, as recommended by the Committee of the Whole, the Mayor and City Clerk be authorized to execute the Amended Engagement Letter with PwC in the form as presented to Committee of the Whole at its April 19, 2022, meeting, for the drafting of a Request for Qualifications, a Request for Proposals and for expert advice in the procurement process in relation to the City's review of its Agencies, Boards and Commissions. MOTION CARRIED. Having declared a conflict -of -interest Councillor Killen withdrew from the meeting 17.2 Assianment of Lease re Saaarati's - City Market Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole, having met on April 19, 2022, Common Council waive the required notice period under clause 12.02 b) of the Lease and consent to the assignment of said Lease for Stall 15 and ancillary space at the City Market with Black Douglas Holdings Ltd. to Kyle Stewart dba Sagrati's; and that the Mayor and City Clerk be authorized to execute the consent to assignment of Lease and the Landlord's Undertaking in the form attached to M&C No. 2022-131 and any documents ancillary thereto. MOTION CARRIED with Councillor Radwan voting nay stating she is in favour of the business but believes the market leases need to be tightened up. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the meeting of Common Council held on April 19th, 2022, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:20 p.m 12 17 COMMON COUNCIL / CONSEIL COMMUNAL 13 April 19, 2022 / le 19 avril 2022 iF:1 PLANNING ADVISORY COMMITTEE April 21, 2022 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application 1965 Sandy Point Road (Fieldstone Estates) The Committee considered the attached report at its April 20, 2022, meeting. Mr. Rick Turner, of Hughes Surveys and Consultants, appeared before the Committee representing the applicant, and expressed agreement with the Staff recommendation. Mr. Turner responded to a question from the Committee related to the intent of the original Land for Public Purposes dedication, noting that at the time of initial phases of the development existing areas of Land for Public Purposes were proposed as they are sloped natural areas. He also noted he has consulted with area landowners over the course of completing legal surveys in the development. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentation, and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: 1. That Common Council rescind paragraph 3 of its resolution of February 3, 2014, related to the assent to Lands for Public Purposes; and 2. That Common Council assent to money -in -lieu of Land for Public Purposes in the Fieldstone Estates Subdivision in relation to any amounts owing for existing development and amounts required in conjunction with future development. Page 1 of 4 19 Hughes Surveys and Consultants. 1965 Sandy Point Road April 21, 2022 Respectfully submitted, Brad Mitchell First Vice Chair Attachments Page 2 of 4 20 The City of Saint John Date: April 14, 2022 To: Planning Advisory Committee From: Growth & Community Services Meeting: April 20, 2022 SUBJECT Applicant: Hughes Surveys and Consultants Landowner: Simpco Development Ltd. Location: 1965 Sandy Point Road PID: 55168892 and 55168884 (portion) Plan Designation: Stable Residential Zoning: Two -Unit Residential (R2) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the acceptance of money in -lieu of Land for Public Purposes dedications. EXECUTIVE SUMMARY The applicant is seeking to provide money -in -lieu of Land for Public Purposes instead of additional lands in conjunction with the future phases of the Fieldstone Estates Subdivision. This requires a revised assent from Common Council as the previous assent sought to take land instead of money -in -lieu. Approval of the request to take money -in -lieu of Land for Public Purposes is recommended. Page 1 of 4 al Hughes Surveys and Consultants 1965 Sandy Point Road April 14, 2022 RECOMMENDATION 1. That Common Council rescind paragraph 3 of its resolution of February 3, 2014, related to the assent to Lands for Public Purposes; and 2. That Common Council assent to money -in -lieu of Land for Public Purposes in the Fieldstone Estates Subdivision in relation to any amounts owing for existing development and amounts required in conjunction with future development. DECISION HISTORY The original Fieldstone Estates subdivision proposal was favourably considered by the Planning Advisory Committee in 2004. At that time, the proposal involved new serviced lots along Sandy Point Road, with most of the lots to be created along four new public streets. Common Council granted all the necessary assents and approvals. The Committee also granted variances allowing hillside lots to be created between Fieldstone Drive and Sandy Point Road, as well as allowing six of these lots to have frontage on both streets. In 2005, the Committee considered a revised design for the subdivision, which changed the configuration of the Land for Public Purposes (LPP) dedication to allow portions to be conveyed to adjacent property owners on Sandy Point Road, who had raised concerns when the original subdivision was considered by the City. Common Council gave the necessary assents and approvals to the revised plan at its meeting of March 14, 2005. In 2006 a further revised plan was submitted (see attached Approved Tentative Plan — 2006), which required further reconsideration by Common Council due to a change in the street layout from the previous proposal. In addition, the plan was changed to remove a two-tier lot configuration for all the proposed lots between Fieldstone Drive and Sandy Point Road, requiring consideration of a further variance by the Committee. The Committee and Common Council approved these changes and Common Council gave its assent to the revised plan at its meeting of February 13, 2006. Development of the subdivision has been ongoing, in phases, based on the attached 2006 tentative plan. In 2014, Common Council assented a revised layout for the proposed subdivision along with a proposed Land for Public Purposes dedication of approximately 4,417 square metres. The Committee, at their meeting of January 21, 2014, also granted a variance to allow for the creation of double -frontage lots (Block "B", Lots 2, 5-6, 10-11 and 15-17) between Fieldstone Drive and Sandy Point Road, on the condition that vehicular access is restricted to Fieldstone Drive, and that this condition be clearly indicated on the final subdivision plan and included in the deeds of these proposed lots. ANALYSIS Proposal The applicant is proposing to vest money -in -lieu of Lands for Public Purposes (LPP) for the balance of the LPP contribution for the proposed subdivision, instead of vesting land as previously assented to by Common Council. Page 2 of 4 22 Hughes Surveys and Consultants 1965 Sandy Point Road April 14, 2022 Site and Neighbourhood The subject site is situated on Sandy Point Road and Foster Thurston Drive in the Millidgeville area (see attached location map). The "Fieldstone Estates Subdivision" area is covered by a mature forest cover and rock outcrops, with several single-family dwellings developed to date within the subdivision. It should be noted that all lots in this subdivision are subject to a $4,428 lot levy (payable at the time of creation of each lot) for recovery of the City's significant investment in the extension of trunk services to this area of the City. The proponent is seeking a revised assent to Land for Public Purposes that would see the remaining Land for Public Purposes (LPP) contribution given via money -in -lieu of land instead of the remaining land. This would result in the proposed LPP area in the northwest area of the site to the rear of proposed lots 23 through 26 and lot 4 being incorporated into those lots. Municipal Plan and Zoning The subject site is designated as Stable Residential in the Municipal Plan, which allows for the low -density form of development proposed by the applicant. Although most of the subject site is undeveloped, plans for the Fieldstone Estates subdivision have been actively pursued since 2004. The site is zoned Two -Unit Residential (R2), and the proposed lots meet the requirements of the R2 zone. Subdivision The proposed subdivision meets the standards of the Subdivision By-law. It should be noted that the width of the proposed Future Street shown on the tentative plan will need to be increased from 18 metres to a minimum of 20 metres on the final subdivision plan. In addition, a small portion of a previously proposed Public Street has already been vested (labelled as "to be discontinued" on the attached revised tentative plan). The proponent will need to successfully apply to have this segment stopped up and closed prior to the creation of the proposed Lot 7, Block C. The Subdivision By-law requires that as a condition of approval of a subdivision, that either land representing ten percent of the area of the proposed subdivision, or a sum of money representing eight percent of the market value of the land of the proposed subdivision be dedicated to the City. Given the outcome of PlaySJ, the City's Recreation Master Plan, which found that the City had an oversupply of parks and recreation land, the Subdivision By-law places an emphasis on obtaining money -in -lieu of lands for public purposes as opposed to acquiring land in association with new developments. This policy direction supports the lot reconfiguration that has been requested by the Developer. In conjunction with the previous assents given for the subdivision, most recently in 2014, Land for Public Purposes (LPP) has been taken. To date, a 3,211 square metre parcel of land (PID 55180319) was vested as LPP. Page 3 of 4 213 Hughes Surveys and Consultants 1965 Sandy Point Road April 14, 2022 Given this, Staff recommend the portion of the 2014 Council assent relating to the vesting of Lands for Public Purposes be rescinded and a new resolution be adopted by Common Council to obtain money -in -lieu for the remaining LPP contributions required for the development. This would be 8% of the value of approximately 81,816 square metres of land within the subdivision. Conclusion Staff support the revised assent to obtain money -in -lieu of Lands for Public Purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were reviewed. 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 April 6, 2022. APPROVALS AND CONTACT Author Manager, Community Planning Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 22-0030 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Map Attachment 1: Site Photos Attachment 2: 2014 Common Council Resolution Submission 1: Tentative Plan of Subdivision Submission 2: Former Tentative Plan of Subdivision Page 4 of 4 29 El O O O _ 10 00 0 O LO C) X O O m p 0 U_ CO O O N Z O O c� L Q 2 C U) L U M O O U) N N O N m ID Q a) E 0- 0 a) a) r) C� E 0 U) E (B U) Zr I O O cu Q c Z co cu Q) cu CU '—^ 0- vJ N L O D NN�NN TO:cu L L J 7 7 LL (0 Q a� E a O L Q) > cu cu Q E 2 co Uco.� E U M N (0 O N N N N O N '/�r0 li .0 n U) c0 rn .C: 0 N I O O Q E 0 U) a) L Q 2 C N U) N c N C: UU E U N M O U) U) U) O N N O N � le fv- U < \ 0 C):: t 0 � m a = f GvS r-01 j pD f n+ I?Gi Attachment 2: 2014 Common Council Resolution „X c"Ofsaw,oba February 7, 2014 Planning Advisory Committee c/o Lynda Lockhart 10th Floor, City Hall Dear Members, It FEBW ..f At a meeting of the Common Council, held on February 3, 2014 the following resolution was adopted, namely: - "RESOLVED that: 1. Common Council assent to the submitted revised photo -reduced tentative subdivision plan of the Fieldstone Estates Subdivision and to any required municipal services easements or public utility easements; 2. Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and, 3. Common Council assent to the proposed Land for Public Purposes dedication of approximately 4,417 square metres." Sincerely, Patricia Anglin Deputy Common Clerk SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaingohn.ca I C.P.1971 Saint John, N.-B. 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R a m -`� +` 91 0 �; r rn � Q r • �l1 fr y� �„• Rs y_ � ■ � ,r••o+ �T R � Is 'R • Tin ow . N `�x A P R `� •q •.� 6 � � v. � 9 j • �, �• F ht � w Ai w f • / � 7r s � pov !/ • '• ma's 1 t a � y� a N c% COMMON COUNCIL REPORT M&C No. 2022-139 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: License for Loyalist Day Military Gun Salute at 289 Sydney Street AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION That The City of Saint John enter into a License Agreement with Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defense, generally in the form as attached to M & C #2022-139, for the purpose of conducting a Loyalist Day 21 Gun Salute on a portion of PID Nos. 2444 and 55147482 at 289 Sydney Street, and further that the Mayor and City Clerk be authorized to execute the said License Agreement. EXECUTIVE SUMMARY Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defence, is planning to conduct 21-Gun salute in honor of Loyalist Day held on May 181" this year. The purpose of this report is to seek Council's approval to enter into a License Agreement that would allow for this activity to proceed. PREVIOUS RESOLUTION N/A REPORT The License Agreement attached hereto is to permit Her Majesty The Queen In Right Of Canada, as represented by the Minister of National Defence, to hold a 21-Gun Salute to honor Loyalist Day celebrated on May 18, 2022. The activity would involve three howitzer guns, utilizing no projectiles. This activity would be conducted on City owned property located at the southern end of Sydney Street in the City's south -end neighbourhood, as illustrated on the map attached to the License Agreement. This is a portion of the former Lantic Sugar Refinery site, now being used as a City parking lot/snow dump area. If Council agrees, the attached License Agreement will facilitate this military salute to proceed. The General Counsel Office has reviewed the attached License Agreement and is supportive of the Terms and Conditions that are detailed therein, which address the responsibilities of the parties involved while also ensuring the City is protected from liability. The City's Communications depaNhent has been made aware of this activity, -2- and will provide appropriate notice to the public in advance of this salute to minimize any concerns related to this event. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES There is no material financial consideration for this license, being a license granted to enable this activity to be conducted on City land. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS GCO and Public Works and Transportation (Parking, Parks and Recreational Facilities) along with Growth and Community Development have reviewed the attached License Agreement and agree with the recommendation. ATTACHMENTS License Agreement. LICENSE AGREEMENT BETWEEN: The City of Saint John (the "LICENSOR". Corporate Office Address: 15 Market Square Saint John, NB E2L 4L 1 AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of National Defence (the "LICENSEE") 101 Colonel By Drive Ottawa, ON K1A OK2 WHEREAS the LICENSOR is the owner of a properties identified as PID 00002444 & 55147482, Saint John in the Province of New Brunswick (the "Premises"); AND WHEREAS the LICENSEE has requested permission from the LICENSOR to use the Premises for the purpose of conducting a Loyalist Day 21 Gun Salute; THIS AGREEMENT WITNESSES that in consideration of, and subject to, the terms and conditions set out herein, the LICENSOR hereby grants permission to the LICENSEE to use the Premises for the purpose stated herein, and for no other purpose, under the following terms and conditions: 1. DESCRIPTION OF PROPERTY The LICENSOR agrees that the LICENSEE may enter and use PID 00002444 & 55147482, Saint John (the Premises) for the purpose of performing a 21 Gun Salutc in celebration of Loyalist Day. 2. TERM The term of this agreement shall be from 06:00 AM -11.59 PM May 18, 2022. 3. LICENSE FEE Total consideration for the use of the Premises is $ _1.00 and the LICENSOR hereby acknowledges the receipt and sufficiency of this consideration. 4. INSURANCE The LICENSOR acknowledges that the LICENSEE is self-iwtiured. 5. INDEMNIFICATION Subject to the Crown Liability and Proceedings Act, the LICENSEE indemnifies and saves harmless the LICENSOR, its servants, agents, and employees and their heirs. executors, administrators, successors and assigns, from and against all injury, damage, actions, causes of actions, suits, claims and demands of whatsoever nature which may result or may be brought or made by reason of any act or default of the LICENSEE, her servants, agents, or employees, or on 113 35 account of any damage to the property of the LICENSOR or in connection with any loss, damage or injury in any manner based upon, arising out of or incidental to the exercise or purported exercise by the LICENSEE of the license granted herein. 6. LICENSOR'S PROPERTY The LICENSEE shall assume full responsibility for the care of the Premises during their occupation, and to assume all risk of loss, damage, or injury to themselves, their servants, agents, employees or licensees. 7. DAMAGES The LICENSEE shall not be responsible for any damage or loss to the Premises arising from circumstances, acts or conditions beyond her control, or due to "force majeure", which is defined as an act of God, war, invasion, revolution, insurrection or other act of a similar nature. 8. ENVIRONMENTAL DAMAGE The LICENSEI shall be liable for any environmental damage to the Premises caused during their occupation, except for: a) any environmental damage to the Premise,, caused by the previous occupation of the premises by other persons, organizations, or the LICENSOR; b) any environmental damage to the Premises arising during the period covered by this 17 agreement, where such environmental damage is a consequence of pre-existing environmental damage from previous occupation, or was caused by the activities of the Licensor during the period of this agreement; and c) Any environmental damage to the Premises caused by any other persons, organizations, or by the LICENSOR. (Remainder of this page is intentionally left blank) '13 36 9. GOVERNING LAW This agreement shall be construed in accordance with, and governed by, the laws in effect in the Province of New Brunswick, including the laws of Canada. IN WITNESS WHEREOF this agreement has been executed by The City of Saint John, represented by Donna Reardon, Mayor of Saint John, and Her Majesty the Queen in Right of Canada, as represented by the Minister of National Defence, this day of 2022. SIGNED, SEALED AND DELIVERED HER MAJESTY THE QUEEN IN In the presence of RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF NATIONAL DEFENCE Per: Witness Name: Maj. R. E. Rodrigue Title: OC RPOU (A) Det CDSG Gagetown SIGNED, SEALED AND DELIVERED in the presence of _ Per: _ Witness Name: Donna Reardon Title: Mayor of Saint John Per: Witness Name: Title: The City of Saint John City Clerk 37 Service New Brunswick Service Nouveau -Brunswick Scaletchelle 1:1075 Date: 2022/04/1911:55:06 iiiiiiiii metres 0 250 50.0 75.0 metres N A 9.1 05r COMMON COUNCIL REPORT M&C No. 2022-141 Report Date April 26, 2022 Meeting Date May 2, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Appointment of a Heritage Officers Pursuant to the Heritage Conservation Act AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton John Collin RECOMMENDATION RESOLVED That Common Council appoint Mr. Rodrigo Mendes Campos, Ms. Melissa Wakefield, and Mr. Morgan Lanigan of EXP Architects as Heritage Officers for the City of Saint John pursuant to Section 54 of the New Brunswick Heritage Conservation Act. EXECUTIVE SUMMARY Due to an immediate vacancy of the City's Heritage Architect/Analyst Position, it is necessary to hire a consulting firm to undertake the work of the Heritage Conservation Service until the position has been filled. This will enable the continued operations of the Service including the processing of Heritage Permits, operation of the Heritage Development Board and supporting heritage property owners. The City is currently undertaking recruitment for this position. Pursuant to Section 54 of the Heritage Conservation Act, it is necessary for Council to formally appoint them as the Heritage Officers. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The Heritage program aligns with Council's priority "Vibrant, Safe City". REPORT Section 54 of the New Brunswick Heritage Conservation Act provides that: For the purpose of assisting a heritage board in carrying out its duties, the council may appoint a heritage officer who shall carry out the duties assigned to him or her under this Act or the by-laws underthis Act. Mr. Rodrigo Mendes Campos, Ms. Melissa Wakefield, and Mr. Morgan Lanigan of EXP Architects are being contracted to undertake the operations of the Heritage 39 Conservation Service until the filling of the current Heritage Architect/Analyst vacancy. To ensure the ongoing operations of the City of Saint John's Heritage Conservation Service, the appointment of additional Heritage Officers pursuant to Section 54 of the Heritage Conservation Act is necessary. SERVICEAND FINANCIAL OUTCOMES INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None HA f{F J err J. COMMON COUNCIL REPORT M&C No. 2022-143 Report Date April 19, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: License Agreement for Inspire Festival Mural on City Property AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kate Wilcott Jacqueline Hamilton I John Collin RECOMMENDATION 1. That the City enter into a License agreement as attached to M&C 2022-143 with Art for Art's Sake (Festival Inspire) hereby called the "Organizer" to grant its agents, employees, partners, and contractors access to and use the City owned property identified as PID No. 55084420 (retaining wall) for the installation of a mural marking Festival Inspire/Memorial Cup subject to the following terms and conditions: a. the Licence shall commence on May 10th, 2022 and conclude at 11:59 pm (local time) on 21, 2022. If the artist should require additional days, the project will be extended several days (allowing for possible rain days) but not exceed June 1st, 2022 b. that Arts for Art's Sake shall, at no expense to the City, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; c. proof of insurance stated in (b) above is due on or before close of business May 10th, 2022; d. the Organizer is responsible for security of the area and their property; e. the Organizer is responsible for the installation of barricades and signage directing pedestrian traffic away from the site, and the removal of barricades and signage upon completion of the project. f. the site is to be thoroughly cleaned to the satisfaction of the City of Saint John representatives when the event has concluded; !II -2- g. that Art for Art's Sake or its representatives be authorized to make application for any permit that is required in conjunction with the Festival Inspire event; and 2. That the Mayor and Common Clerk be authorized to execute the License Agreement. EXECUTIVE SUMMARY The organizing committee for the Inspire Festival (Art for Art's Sake) and the Memorial Cup Host Organizing Committee are requesting to use the City's property, which is a retaining wall, for part of its event this year. In conjunction with the Memorial Cup, Festival Inspire has contracted Montreal based professional mural artist Kevin Ledo to create content for a giant photo realist mural celebrating the community spirit of the Memorial Cup. Key words used to develop the mural content include: • diversity • children • hockey • memorial cup • community The work will be completed between May 12- 21, 2022. If the artist should require additional days, the project will be extended several days (allowing for possible rain days) but not exceed June 1st, 2022, to ensure the product is prepared in time for the launch of the Memorial Cup event. A proposed site layout for this event is attached to this report. PREVIOUS RESOLUTION N/A REPORT Festival Inspire was founded in 2014 to activate imagination in the celebration of all things ART in Atlantic Canada. Now an international, travelling, non-profit street arts festival, Inspire transforms cityscapes and towns by painting giant murals in line with contemporary public art happening around the globe. As part of the 2021 provincial festival, murals were painted on two buildings in Saint John (ARCf community centre and a Historica building on Princess Street). iy -3- The 2022 Tour is currently being built around the 3 pillars of Tourism, Active Lifestyle, and Sustainability, to be achieved through the lens of the arts. Working in partnership with the 2022 Memorial Cup organizing committee, Inspire has approached the City to use a City owned retaining wall for one of this year's murals. The mural is proposed to be painted on the retaining wall located on the ramp connecting Station Street and the Viaduct. This retaining wall has been used in the past 10 years for two community -based murals and both groups have been contacted by the City and are supportive of the new mural to be installed. The Inspire team, including the artist, Kevin Ledo, its staff, and volunteers would occupy the sidewalk during the week of May 12th to 21st, 2022, to prime and paint the mural. The festival organizer has applied for a sidewalk occupancy permit. The paints to be used are not corrosive in any way to the concrete retaining wall and the design of the mural would be tasteful. A maquette of the mural has been provided by the artist and was reviewed by city staff. Art for Art's Sake will manage the maintenance of the artwork for a period of 3 years from completion of the project. STRATEGIC ALIGNMENT Belong • Strengthen neighborhood groups that offer programming to the community • Livable Neighborhoods: Improve quality of life with targeted long-term neighborhood planning • Vibrant City: Cultivate Community pride and unity by promoting beautification, arts, culture, and heritage SERVICEAND FINANCIAL OUTCOMES There is no direct cost to the City for this project. The mural is being given to the City by Art for Art's Sake and the Memorial Cup, and will be entered into the City's Public Art collection. The proponent has agreed to repair any damage to the mural caused by vandalism for the next three years. !i93 -4- Pedestrians will be impacted during the installation of the mural and barricades and signage will be in place to redirect pedestrian traffic. There should be no impact to vehicular traffic. The City retains the right to repaint the wall in the future under the same or different artist, with or without the involvement of Festival Inspire or the funding partners. All concept and designs remain the property of the artist. In the case of commercial reproduction or sales of the artwork / mural / picture of mural etc., the artist reserves all rights to royalties for their work. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was prepared in consultation with staff including Arts and Culture, Real Estate, Planning, General Counsel's Office, Infrastructure Development, and Public Works, and all are supportive of the project. A community mural is currently on this wall, and city staff has confirmed with a representative of this collective their approval to place the new mural over the existing painting. City staff has worked with the Memorial Cup Host Organizing Committee to aid in the facilitation of this project. ATTACHMENTS Wall Contract Festival Inspire Mem Cup PID location Festival Inspire Memorial Cup mural location Contract will Includes Client: City of Saint John Attn: Kate Wilcott E-mail address: kate.wilcott@saintjohn.ca Phone number: Address of mural: Company Information Art for Art's Sake Attn: Lisa J. Griffin lisa.griffin@festivalinspire.com Phone number: 506.988.2601 Address: 19 Poplar Lane, Shediac, NB, E4P4V9 Project Information Artist : Kevin Ledo Artist creates content for giant photo realist mural using input from the Memorial Cup Organizing Committee. • Key words used to develop the mural content included: • diversity • children • hockey • memorial cup • community • Due to the timeframe in which the mural will be painted, the artist will have capacity for 2 children's portraits within the mural design. The work will be completed between May 12 - 21, 2022. If the artist should require additional days, the project will be extended several days (allowing for possible rain days) but not exceed June 1st, 2022, to ensure :111 the product is prepared in time for the launch of the Memorial Cup event in the City of Saint John. Process of the Mural 1. Walls are scouted, approached, approved 2. Artists is chosen by the Festival Curaction team and sent for preliminary approval of their portfolio 3. Maquette Design • The client is offered input of 5 words of inspiration to direct the artist's content for the piece. • Artwork will first be drafted in the form of a maquette and approved by the Key Stakeholders before any work begins on the wall. • If required, a maximum of 3 rounds of adjustments are communicated via the festival from the project stakeholders to the artist. • On approval of the maquette, the wall is primed. • The mural is painted during the time frame stated in the contract Ownership & rights Ownership The client shall keep ownership of the wall but not of the artwork. The client retains the right to do as they please with their building should they choose to repaint the wall in the future under the same or different artist, with or without the involvement of Festival Inspire or the funding partners. Rights All concept and designs remain the property of the artist. In the case of reproduction or sales of the artwork / mural / picture of mural etc, the artist reserves all rights to royalties for their work and only once they have agree to the reproduction of the work. Image rights lie with the photographer and the Festival, intellectual property rights lie with the artist, physical rights lie with the wall owner, and the space between the mind and the wall - the mental environment - lie with the community. All aspects of artist and project management are managed by the Festival. The Festival will manage the maintenance of the artwork wherein lies its capability, for a period of 3 years from completion of the project in the case that the wall is tagged or defaced by a 3rd party. Example: painting over simple tagging of the wall. Any alteration or deviation from the above specifications involving extra costs and timeline extension will be executed only upon approval with the client. The artist shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the artist such as the weather. If such an event(s) should occur, it shall entitle the artist to extend the completion/delivery date, by the time equivalent to the period of such delay. In the event that the project timeline is shifted to later, all parties agree to continue the project at that time and until completion. All other elements of the project remain in place including the previously approved maquette. It is within the best interests of the Festival to deliver the highest quality product and service in the timeframe allocated for this project. The schedule of the festival during the painting days is generally 10am - 9pm. Please note this schedule can be affected by weather - strong sun / hot days, strong winds, and / or rain. We do our best to work around the weather - the one thing we cannot control. There are volunteers on the wall at all times with the artist. Their purpose is to interact with the public in place of the public trying to speak with the artists. The `Wallies' are trained as the `face of the festival' to provide answers to the public's questions about the mural, any programming around the dates of the mural, and the artist. All artists and staff on the lift are certified with their OSHA lift license and Fall Safety certifications and insured under the Festival's Insurance. The building on which we are painting can also be co-insured under our insurance once the mural project has approval. The client will advise the Festival of the name of organization and legal address of co-insured where required. Festival Inspire uses industry standard Montana 94 / Montana Black for its murals with the aim of having the murals last as long as possible. We aim for 9 years with minimum fading. We do paint over the same wall twice where painting the same wall helps reach the goals of the festival and / or the client. Please see our website page WHY MURALS for more details on the Inspire Mission. Cancellation In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by the artist, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client. Any breach by either party of any articles of this contract shall entail indemnification by the defaulting party of all expenses incurred by the wronged party in respect of the contractual obligations set herein. Dispute In the event of any dispute in the execution or the interpretation of the contract, the two parties shall duly cooperate in good faith to reach an amicable agreement. Failing this the matter shall !Vl be submitted to arbitration before a Canadian court given that this contract is drawn up in accordance with Canadian legislation. Unforeseen circumstances In the case of force majeure, where either one of the contracting parties is prevented from fulfilling this agreement due to unforeseen circumstances, the affected party shall inform the other party within the shortest possible time, and the contracting parties shall mutually agree on either rescheduling the contractual obligations, or being discharged from performing their contractual duties. Acceptance of Agreement The above fee structure, timeline specifications and other project processes are hereby accepted by signing below. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. This agreement is not valid until signed by the client and returned to the designer. Art for Art's Sake (The Festival) (print name) (signature) (Client) (print name) (signature) !E:3 �a T, f N X n 1 I Google COMMON COUNCIL REPORT M&C No. 2022-134 Report Date April 13, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Deterring Nuisance Geese in City Recreational Areas AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emilie Murphy Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends that Common Council receive and file this report for information. EXECUTIVE SUMMARY This report is to provide Council with an overview of efforts the City currently undertakes to deter nuisance geese in the City's recreational areas and responds to public concern caused negative interactions between humans and geese, most notably due to an increase in goose droppings in the City's recreational areas. The City is currently faced with the task of balancing resources, public perception, and ensuring that our highly used recreational assets are safe and clean. Thus far the measurement of goose populations and public complaints have been anecdotal. The parks department has invested in specialized hazing kites to try to deter the geese, as well as a brush attachment intended to clean sports surfaces. This report also outlines other deterrent methods that are effectively used in other jurisdictions that the City may want to consider in the future. PREVIOUS RESOLUTION Common Council referred a letter from K. Hughes to the City Manager for follow- up on August 23rd, 2021. 51 -2- REPORT Negative Goose and Human Interaction The Canadian Goose population has increased dramatically over the past few decades throughout Canada, and many municipalities and landowners are struggling with the increase in negative associations between human activity and the geese. Most notably of concern to City of Saint John residents is the often - excessive amount of droppings present on recreational areas such as beaches, parks, and sports fields. Geese have also been known to be aggressive toward humans and pets, especially when protecting their young, in areas such as ponds and beaches. Geese can also easily over -graze a grassy area, causing considerable damage in a very short amount of time to areas such as sports fields, parks, and golf courses. Many municipalities throughout southern Canada are faced with similar frustrations and have implemented various techniques to deter the geese. The City of Saint John receives the majority of complaints from the public about goose droppings around Rockwood Park, the Lakewood Reservoir, Allison Grounds, and the Simonds, Memorial, and Millidgeville sports fields. Often, they are mistaken for dog droppings as they are very similar, and it is likely that many complaints about dogs in the City are in fact related to geese. These droppings on a sports field or beach/walking trail are in areas where citizens are engaging in sports activities often on the ground or are enjoying beaches in bathing suits. These activities make goose droppings even more unpleasant and noticeable. Prevalence and complaints of goose droppings are highest the late summer and fall season, when the public is enjoying the City recreation facilities and geese are preparing to migrate and are seeking increased food sources. There are no statistics currently being kept on goose numbers. Possible Solutions for Managing Geese in Recreation Areas Negative human/goose interactions are so prevalent that Environment Canada has developed a manual on the topic. Their recommendation is that a combination of techniques be used to deter geese, but that excluding geese from nesting or initially landing in an area by altering the landscape is far better long term than attempting to haze or deter them once they have established themselves. Methods for the Management of Goose Population Specific solutions currently implemented in the City of Saint John include additional dragging of the beaches with a metal drag and dragging sports fields with a bristle brush to break down and sweep the droppings when addressing complaints. These actions are reactive in nature, and are managed, when possible, above the regular maintenance duties. Current staffing levels do not allow for a person to be dedicated to this cleanup. 61 -3- In recent years, the City has tried to be proactive, by erecting an eagle kite on a pole designed to deter geese from nesting and landing in certain areas. The eagle kite has had some success when installed early enough and maintained throughout the summer. These techniques are successful at scaring the geese momentarily but require committed financial and staff resources to ensure they are permanently deterred from nesting in that area. A summary of current and potential future management methods, as well as the pros and cons to these methods have been summarized below. Management Service area and Permitting Method Description Pros/Cons Resources Required Required CURRENT SERVICE LEVEL Adding the PRO: An important Communication No importance of aspect for long term / Community not feeding success is public Services wildlife to awareness of City Children's efforts, and a feeling programming. that they are part of Education Creating signage, the solution. pamphlets and conducting CON: May be Public Service perceived as too Announcements. passive to those who Circulating are frustrated. education on social media. Bristle brush PRO: Visible by the Parks No attachments for public, addressing the equipment to short-term issue of clean sports droppings. fields, and Cleaning special drags for CON: Not a long-term beaches. solution. Significant resources required to maintain all areas affected. Staff currently cannot keep up. Eagle on a post, PRO: Somewhat Parks No garbage bag on a effective, does not post, other require permits. Deterrent streamers intended to CON: Effective only if scare geese. installed at appropriate time and maintained. 6V -4- ALTERNATE OPTIONS Increasingly PRO: More effective Increased yes. intensive than deterrents, which parks deterrent. Can can only scare the budgetary and Coordination involve strobe geese away staffing with lights, horns/air temporarily. resources. Canadian guns, animals, or And/or hiring of Wildlife Hazing drones to chase CON: Optics, a pest Service is the geese, or Expensive, devices can management Necessary. removal of eggs be bothersome to control or nests. Can other animals and company. also include humans. relocation of adult birds. Recommended PRO: Environmentally Planning, Parks. yes. as the best way friendly and does not Increased to reduce goose physically harm the budgetary and Coordination numbers long geese. staffing with term. Involves resources. Canadian landscape CON: significant Wildlife Habitat changes, expense and must be Service is Alteration planting barriers, maintained. fencing, Necessary. modification to grasses, application of goose repellent chemical. All other tactics PRO: Immediate Community yes. are sometimes removal of geese. Services, Parks. not effective Budgeting to Coordination enough. A CON: Public hire a with managed hunt, perception. Only management Canadian similar to the successful longterm if organization. Wildlife nuisance deer combined with Service. program, are elimination of nesting sometimes site. Appropriate Managed necessary to licenses Hunt increase the through effectiveness of Service New the management Brunswick program. The also City can also required. employ a wildlife control company to carry out the action on its behalf. 61511 -5- Future Considerations Staff are currently maintaining strategies of education/communication, cleaning of beaches and sports fields with appropriate equipment, and deterrents increase in prevalence before escalating to more aggressive hazing techniques. These methods are not likely to cause any negative reactions from public in terms of harming animals or creating noise/visual aggravations for recreation a lists. Staff are reviewing future landscape plans to consider creating habitat that is unfavourable for goose nesting. Staff are also exploring options for increased deterrence at locations where geese are known to congregate and are problematic. Staff will be spending the next two years monitoring goose populations and public complaints in conjunction with active deterrents the city is undertaking to deter geese. Staff will then be in a better position to assess trends in geese nuisance in sports fields and parks. Should the geese/human negative interactions increase, staff may recommend an escalation to more aggressive hazing techniques combined with a public awareness communication at that time. STRATEGIC ALIGNMENT A reduction in geese prevalence in highly used recreation areas will directly support the following Council Priorities 2021-2026: Grow, Belong, and Green. SERVICEAND FINANCIAL OUTCOMES Current measures for the deterrence of geese are incorporated into the 2022 operating budget for Public Works and Transportation. There are no additional financial considerations as a result of this report at this current time. Staff are monitoring goose populations in contrast with deterrent methods over the next two years and may return to Council with further recommendations at that time. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services and Public Works and Transportation provided feedback on this report. The Provincial Department of Natural Resources and 6V -6- Energy Development, as well as Environment Canada were consulted for the report. ATTACHMENTS Letter from K. Hughes from August 23rd, 2021 Council agenda packet. 67� First name Kevin Last name Hughes Mailing Address Telephone Email hkevin193@email.com If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Submission Topic of submission Problem with Canada Geese proliferation in Rockwood Park Purpose for submission (what is the ask of council): My wife and I are avid walkers in Rockwood Park and are appalled by the flocks of geese and the feces littering the park's walkways and the water. The Fisher Lake area is especially dirty and it is hard to believe that children are swimming there. Is there nothing that the city can do to alleviate this problem? This population is just a recent problem and has been growing yearly. 1941i� COMMON COUNCIL REPORT M&C No. 2022-142 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date —Wild Fox Drive/Manawagonish Road AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law rezoning application submitted by Don -More Surveys & Engineering Ltd. for Wild Fox Drive/Manawagonish Road (PIDs: part of 55191373, part of 55240139, part of 55191381) for Monday, July 11, 2022 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, July 11, 2022. 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 59] 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 application received and recommends an appropriate public hearing date. Details of the applications are available in the City Clerk's office and will form part of the documentation at the public hearing. 611:3 -2- The following application has been received for the July 11, 2022 Public Hearing date: Name of Applicant Location Existing Zone Proposed Zone Reason Don -More Wild Fox Drive One -Unit Mid -Rise To facilitate Surveys & and Residential Residential (RM) two 24-unit Engineering Manawagonish (R1), Low -Rise residential Ltd. Road Road Residential (RL) buildings. (PIDs: part of and Future 55191373, Development part of (FD) 55240139, part of 55191381) While the holding of public hearings for proposed Zoning By-law amendments and rezoning are 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. SERVICEAND FINANCIAL OUTCOMES 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 Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None 611%] COMMON COUNCIL REPORT M&C No. 2022-147 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Submission to the NB Commissioner on Systemic Racism AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jacqueline Boucher Melanie Tompkins I John Collin RECOMMENDATION The City Manager recommends that Council authorize the Mayor to sign a letter, generally in the form as attached to M&C No. 2022-147, and submit it to the Office of the Commissioner on Systemic Racism no later than May 15, 2022 EXECUTIVE SUMMARY Following a presentation by Dr. Manju Varma, the Commissioner on Systemic Racism for New Brunswick, at the meeting of Council held on February 22, 2022, Council passed a resolution directing that the City make a formal submission to the Office of the Commissioner on Systemic Racism for consideration in her review of Systemic Racism in New Brunswick. The purpose of this report is to provide Council with a draft form of the submission to the Commissioner on Systemic Racism and seek Council's endorsement of the submission. PREVIOUS RESOLUTION A. At its meeting held on February 22, 2022, Council resolved as follows: "That as recommended by the City Manager in the submitted report M&C 2022-054: Systemic Racism — Submission to the NB Commissioner on Systemic Racism, the City contribute a formal submission to the Commissioner on Systemic Racism by no later than May 15, 2022. The Submission should contain (but is not limited to) the City's understanding of systemic racism and include actions taken by the City on tackling systemic racism as well as recommendations from the City to the provincial government on tackling systemic racism in government institutions and agencies." B. At its November 15, 2021 meeting, Council resolved as follows: 1. That the Minutes of the Common Council meeting held May 3, 2021, be amended to reflect the resolution to "Direct the City Manager to investigate and report back on the City of Saint John joining on as a -2- member of the UNESCO Coalition for Municipalities Against Racism and Discrimination'; 2. That Staff draft a Proclamation in support of Black Lives Matter and a letter to the Minister of Justice/Attorney General for Canada asking the Federal Government to address racial discrimination by making it an offense under appropriate legislation, all of this to give effect to paragraphs 3 and 6 of Council's resolution passed at its meeting held July 6, 2020, 3. That a meeting, including a briefing, between Council and the NB Commissioner of Systemic Racism be requested, 4. That Anti -racism and racial discrimination initiatives be staffed as fully as possible through existing staff in the short term. Such initiatives shall include: - the requirement that during the review process of the procurement, grant and other city policies, special attention be paid to ensure that there are no unconscious bias which could perpetuate systemic racism, - ensuring that every document written by the City does not contain bias or perpetuate racism; - in accordance with the WorkPlan for 202212023, the development and application of an employment equity, diversity and inclusiveness policy for the City workforce and its ABCs as appropriate, - a review of the City's current training for employees to determine if any enhancements should be made to what is already delivered on racial discrimination, systemic racism, unconscious bias and cultural fluency; and - ensuring that the leadership at the City sets the example for eliminating unconscious bias and systemic racism by taking a pragmatic and practical approach to shifting the mindset of employees while concrete and long-term resources are being established. 5. That staff work towards adjusting the operating budget by fiscal year 2024 so as to create a new full-time position that will focus on anti -racism and other similar challenges in the day-to-day operations/functions and in policy and strategy development of the City." REPORT At the meeting held on February 22, 2022, Council heard a presentation from the Commissioner on Systemic Racism for New Brunswick, Dr. Manju Varma, on the AI -3- role and purpose of the Commissioner on Systemic Racism. During this meeting, Dr. Varma invited the City of Saint John to provide an official submission on systemic racism, including any recommendations by the City to the office of the Commissioner for Systemic Racism. Dr. Varma was appointed by the Province in the Fall with a mandate to develop an understanding of the nature and impact of systemic racism in NB. Dr. Varma, who operates independently from government, is, among other things, conducting a public consultation on the nature and impact of systemic racism on newcomers, Indigenous, Black, people of color and other marginalized groups in NB. Following extensive consultation over a 12-month period, Dr. Varma will make systems -level recommendations to the Government of NB, and her final report will be shared with the public. The attached proposed submission outlines the City's understanding of systemic racism in this community, the areas for improvement, the importance of diversity, equity, and inclusion, as evidenced by the Council priority of "Belong", the efforts toward Truth and Reconciliation, and the City's recommendation that the Office of the Commissioner on Systemic Racism be made permanent. STRATEGIC ALIGNMENT This recommendation aligns with Council's priority of "Belong" and the specific objective of being a vibrant city that fosters diversity and inclusion. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS GCO worked with the Director of Growth and Community Planning Services to prepare the proposed submission to the Commissioner on Systemic Racism. GCO also had discussions with Fredericton and Moncton re same. ATTACHMENTS Proposed submission to the Commissioner for Systemic Racism I' M1 Office of the Mayor I Bureau du maire Mayor Donna Noade Reardon Email: donna.reardon@saintjohn.ca The City of Saint John May 3, 2022 Via Email: CSR-CRS()gnb.ca Commissioner of Systemic Racism Beaverbrook Building P.O. Box 6000 Fredericton, NB E3B 51-11 Dear Dr. Varma: Introduction At the City of Saint John's Council meeting held on February 22, 2022, you provided an overview of your role as the Commissioner on Systemic Racism. In concluding your presentation, you invited the City of Saint John to provide an official submission on systemic racism, including any recommendations by the City, to the office of the Commissioner for Systemic Racism. This letter serves as the City's formal submission. Systemic Racism in Our Community Given that one of the key goals of the review being undertaken by your office is to develop an understanding of the nature and impact of systemic racism in the Province, we thought it would be helpful for us to share with you what we know about the existence of systemic racism within this local government and in our broader community. Within this local government, we know that we can do better. The City has recently begun tracking, on a voluntary basis, metrics on the diversity of applicants for appointments to City agencies, boards, and commissions. We do not yet have a clear picture of the diversity of our workforce but are working with colleagues in other local governments to establish these baselines and increase the diversity of our workforce by removing systemic barriers to employment for racialized people. In our community, the City recognizes the importance of it being a leader in ending systemic racism. Following the death of George Floyd in June 2020 and the ensuing public outcry, Council heard a presentation from Dr. Timothy Christie and other representatives from Black Lives Matter on the need to criminalize racial discrimination. Following that presentation, Council resolved to write to the provincial and federal governments requesting that criminal penalties be attached W to racial discrimination. The City also resolved to join the United Nations Coalition for Inclusive Municipalities (previously the UNESCO Coalition for Municipalities Against Racism and Discrimination). Recently, the Mayor of the City of Saint John read at a Council meeting a proclamation in support of Black Lives Matter which recognizes the 2022 International Day for the Elimination of Racial Discrimination. Common Council's Priority of "Belong" Following the municipal election in May 2021, Council had the opportunity to set its priorities for the duration of its term. One of the five priorities it chose is "Belong". This priority is defined as follows: "Belong" — We value a welcoming community. Through this priority, Council wishes to enhance the quality of life and social well- being in a safe place to live. A significant component of this priority relates to fostering diversity and inclusion. City Staff have already developed important and close relationships with stakeholders and groups representing those most marginalized in our community and have a strong desire to be an honest partner in making our community one that is inclusive and actively removing systemic barriers. The Importance of Equity, Diversity, and Inclusion One of the recommendations from a study completed by Black Lives Matter titled "Systemic Black Racism in New Brunswick" in November 2021 was that workplaces should be offered professional development in equity, diversity, and inclusion. The City supports and fully agrees with this recommendation. While both City staff and the Elected Officials are eager to do more, we recognize that we do not have the expertise necessary to deploy this professional development. The City is looking into options for such training, but feels that having a long-term resource, such as the Commissioner on Systemic Racism, would be beneficial in this effort. The City of Saint John has a decentralized approach that advances the principles of equity, diversity, and inclusion through its investments, plans, programs, and policies, which are designed to further support Saint John's efforts in becoming the most welcoming community in Canada. The City does not have one office dedicated solely to issues of equity, diversity, and inclusion, but aims to have a staff who infuse these values in all aspects of their work. The following are some examples of the City's commitment to diversity and inclusion being led primarily by the staff in Growth and Community Services, with support from the rest of the organization: - In the 10-year strategic planning exercise, the principles of belonging, anti - racism, and diversity have been infused throughout; The implementation of a Workplace Conduct policy that ensures thal racism is not tolerated and is appropriately dealt with within our workforce; AElI - The establishment of a Local Immigration Partnership to ensure newcomers are welcomed into our community; - The funding of Community Grants and Community Arts Grants in a way that is reflective of the City's commitment to diverse expressions of artistic works; - The establishment of the Civic Commemoration Committee to address, among other things, the appropriate naming of historical place in the City's territorial jurisdiction; and - Quality of Life capital investments to address non-traditional infrastructure; Further, on February 22, 2022, Council adopted a recommendation from the City Manager to ensure that anti -racism and racial discrimination initiatives be staffed as fully as possible through existing staff in the short term. Such initiatives include: - the requirement that during the review process of the procurement, grant and other city policies, special attention be paid to ensure that there is no unconscious bias which could perpetuate systemic racism; - ensuring that every document written by the City does not contain bias or perpetuate racism; - in accordance with the Work Plan for 2022/2023, the development and application of an employment equity, diversity and inclusiveness policy for the City workforce and its Agencies, Boards, and Commissions as appropriate; - a review of the City's current training for employees to determine if any enhancements should be made to what is already delivered on racial discrimination, systemic racism, unconscious bias and cultural fluency; and - ensuring that the leadership at the City sets the example for eliminating unconscious bias and systemic racism by taking a pragmatic and practical approach to shifting the mindset of employees while concrete and long- term resources are being established. Finally, Common Council resolved to adjust the budget by fiscal year 2024 to allow for a new full-time position focussed on anti -racism and other similar challenges in the day-to-day operations/functions and in policy and strategy development at the City. Truth and Reconciliation ARI The City recognizes that the commonly used" BIPOU acronym (Black, Indigenous, People of Colour) does not necessarily reflect the unique circumstances of each racialized or marginalized group in our community. The City recognizes that marginalized or racialized people are not monoliths and that they each have their own historical context within which racism and anti -racism efforts must be addressed. The City has adopted a Conceptual Framework for Truth and Reconciliation with Indigenous people. A copy of this Conceptual Framework is enclosed and provides the City's guiding principles on Truth and Reconciliation as well as a list of the efforts undertaken to date, including the creation and delivery of a historic Land Acknowledgment at a Council meeting in June 2021 and at every council meeting since then. The Conceptual framework also sets out short-term plans for education on the history of residential schools and their legacy on Indigenous People. In 2022, Council and the City's Senior Leadership Team participated in a blanket exercise and will undergo other training on Indigenous history. The Conceptual Framework recognizes that it is important to focus on Truth (and therefore for political leaders and staff to have a certain level of education) before reconciliation can occur. Recommendations The City of Saint John, as both a corporate entity and as a collection of individuals, is committed to ending systemic racism. Recognizing the magnitude of this task, Saint John is working with Moncton and Fredericton to discuss best practices in anti -racism, diversity, and inclusion. That said, a long-term resource with specific expertise in anti -racism would be invaluable to all New Brunswick. Accordingly, The City of Saint John proposes that the Office of the Commissioner on Systemic Racism, funded by the Province of New Brunswick, remain as a permanent Office with a portion of its mandate being to provide guidance, as appropriate, to local governments in their anti -racism initiatives. Saint John would gladly welcome such a physical Office within its territorial limits. We trust this submission is helpful and appropriate for your purposes and look forward to the release of your Final Report. Donna Noade Reardon Mayor, The City of Saint John Enclosure The City of Saint John - Truth and Reconciliation A Conceptual Framework Background -Residential schools were a policy developed under the authority of a federal law called the Indian Act. Residential schools were first created in 1886 and the last one closed in 1997. Following the closure of the final residential school, the survivors of residential schools sued the Government of Canada in the largest class action lawsuit in Canadian history. The Indian Residential Schools Settlement Agreement ("IRSSA") was reached between Residential Schools Survivors, the Assembly of First Nations, Inuit representatives and the parties responsible for the creation and operation of the schools: the federal government and church bodies. As a part of the IRSSA, 60 million dollars were set aside for the establishment of the Truth and Reconciliation Commission of Canada ("TRC"). The TRC carried out extensive research and heard from residential school survivors, their families, and members of their communities. The result was the TRC Final Report released in 2015 Viand which found that the use of residential schools resulted in a complete disruption to Indigenous communities, on -going and intergenerational trauma, the loss of language and cultural practices, poverty, a disproportionate rate of incarceration of Indigenous people, and hundreds of missing and murdered Indigenous women. The TRC Final Report included 94 Calls to Action which appeal to all levels of government, organizations, and individuals to make concrete changes in society. Calls to Action Directed at Municipalities ----------------------------------------------------- We call upon federal, provincial, territorial, and municipal governments to fully 43 adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation We call upon federal, provincial, territorial, and municipal governments to repudiate concepts used to justify European sovereignty over Indigenous 47 peoples and lands, such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies and litigation strategies that continue to rely on such concepts We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of 57 residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law and Aboriginal -Crown relations. This will require skills -based training in intercultural competency, conflict resolution, human rights, and anti -racism. We call upon the federal government to work with provincial, territorial, and municipal governments, churches, Aboriginal communities, former residential school students, and current landowners to develop and implement strategies and procedures for the ongoing 75 identification, documentation, maintenance, commemoration, and protection of residential school cemeteries or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to honour the deceased children. We call upon provincial, territorial, municipal, and community archives to work collaboratively with the National Centre for Truth and Reconciliation to identify and 77 collect copies of all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth and Reconciliation. Cal 000-- The City of Saint John - Truth and Reconciliation A Conceptual Framework Steps Taken To Date By The City of Saint John At the Council meeting held on March 22, 2021, Council expressed a desire to include an appropriate recognition of Indigenous People during Council meetings. 4- On June 14, 2021, The City of Saint John heard a land acknowledgment read for the first time at a Council meeting. The land acknowledgment was a product of consultation with Indigenous partners and, with great gratitude, was delivered by the Honourable Graydon Nicholas. The City is working with the Province to rename the community known as "Indiantown" in the City's Old North End. Consultation with Indigenous communities is anticipated in this process. Fostering relationships with Indigenous stakeholders, including a strong working relationship with Eastern Circle. GCO staff visited the Elsipogtog Healing to Wellness Court on September 22, 2021, and were honoured to be able to sit down and speak with one of the Elders of that community. The learning from this experience will inform the City's long-term approach to Truth and Reconciliation. An employee campaign of daily "Truth and Reconciliation" moments were sent to all City Staff leading up to the first official Day of Truth and Reconciliation on September 30t", 2021. 4- A Truth and Reconciliation Working Group has been established with a mandate to coordinate Truth and Reconciliation efforts in the City. 4- The dedication of two crosswalks featuring seven (7) white feathers painted on an orange background. The seven feathers represent the Seven Grandfather Teachings recognized by many Indigenous communities in Canada: love, respect, courage, honesty, humility, truth, and wisdom. C:�:3 000-- The City of Saint John - Truth and Reconciliation A Conceptual Framework Truth The work of Truth and Reconciliation must take a measured pace that gives appropriate weight to, first, Truth and then, Reconciliation. r-.._.._.._.._.._.._.._.._.._.._..-..Truth._.._.._.._.._.._.._.._.._.._.._.._. Many non -Indigenous Canadians have limited knowledge of the realities of colonization — of assimilation and denial - and the impact on Indigenous cultures. As such, a critical component of the Truth phase is to continue learning with an open heart and mind. Engaging with the "Truth" will require education and training directed at both elected officials and staff and will Our Goal is to advance efforts give effect to Call to Action #57. Training and education directed toward Truth and opportunities currently planned include: Reconciliation with Indigenous people, with diligence, Participation in a "Blanket Exercise" by Council patience, consultation, respect, Members and members of the Senior Leadership and care. Team; A four-part program delivered by Mi'gmawe'I Tplu'taqnn Inc commencing in November 2021 to Members of Council and the Senior Leadership Team; Presentation from and discussion with Connecting to the Land (delayed due to COVID-19); and "The Path: Your Journey Through Indigenous Canada", a course directed at Indigenous Cultural Awareness to be rolled out to Management and Professional Staff in 2022. It is critical to pause on the Truth aspect of Truth and Reconciliation. C1'] The City of Saint John - Truth and Reconciliation A Conceptual Framework Reconciliation ---------------------------------------------- A note on consultation: Consultation is most appropriate as between the Mayor and Members of Council and senior leaders in Indigenous communities — in addition to communication actively taking place between City Staff and Indigenous citizens of our City, Province and Country. More work is required to ensure that there are well established channels between Members of Council and Indigenous Leaders and Elders in our Province. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -. Reconciliation - a rapprochement Reconciliation requires a drawing nearer of all parties, and it requires healing. Action is essential. Symbolic actions may bring significant progress but will not alone suffice. The work of Reconciliation must be slow, thoughtful, and thought - provoking, with the applicable Calls to Action — and the broader framework — as a guide. In the coming year, as a starting point, and leading up to the next National Day for Truth and Reconciliation, September 30, 2022, City Staff plans to: 'l- Create a database, track, and report periodically on activities already underway to support implementation of Truth and Reconciliation initiatives; Explore the creation of a Truth and Reconciliation page on the City's website to promote the City's efforts, facilitate feedback, and enhance the relationship between the local Indigenous and non -Indigenous community members; Hold engagement sessions with each department within the City to canvass the existing knowledge and educational needs of the City's senior leadership and staff; Following consultation by Council with Indigenous leaders and the New Brunswick Council of Aboriginal People, explore the City hosting a series of engagement sessions for the public to provide feedback on the process of Truth and Reconciliation in the City; i Outreach to the Chief and Council of all First Nations in New Brunswick and the New Brunswick Aboriginal Peoples Council; and v t Periodically report to Council on Progress. N Kent Monkman, "The Scream" (2017) The City of Saint John - Truth and Reconciliation A Conceptual Framework ----------------------------------------------------- Reconciliation — continued In these early days of Truth -seeking, progress may appear modest. However, pursuing Truth through four seasons with an open heart and planning for Reconciliation activities in consultation with Indigenous leaders and Elders will pave the way for a strong start. The City's efforts on Truth and Reconciliation are not a project to complete. As consultation takes place and the City continues to learn, more initiatives will emerge. The City's commitment is to create an environment where Reconciliation is actively fostered and becomes an integral part of its day-to-day thinking and actions. 71 COMMON COUNCIL REPORT M&C No. 2022-149 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Canadian Corps of Commissionaires NB & PEI Division 2022 Service Agreement AUTHORIZATION Primary Author Commissioner/Dept. Head I City Manager Jill Good Michael Hugenholtz/Marc Dionne I John Collin RECOMMENDATION RESOLVED that the City enter into an Agreement for Security and Related Services with the Canadian Corp of Commissionaires N.B. & P.E.I. Division, Inc. in the form attached to M&C No. 2022-149; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY The Canadian Corp of Commissionaires NB & PEI Division Inc., are contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws as outlined in the agreement effective April 1, 2020. As of April 1, 2022, minimum wage in New Brunswick has increased by $2.00 to $13.75 an hour. To remain competitive the Corp of Commissionaires must ensure its pay levels are appropriate when compared to provincial minimum wage. On October 2nd, 2021, the City of Saint John dissolved the Saint John Parking Commission and subsequently assumed the responsibility for all previous contracts, managed by the Saint John Parking Commission. The intent of this report is to continue retaining security and related services through a new Agreement with the Canadian Corp of Commissionaires NB & PEI Division Inc., that includes the increased rates for services rendered effective April 1, 2022 for which the Corp has provided a letter dated February 4th, 2022, following their regular annual review of rates. PREVIOUS RESOLUTION Not applicable. roil -2- REPORT The Canadian Corp of Commissionaires NB & PEI Division Inc. have been contracted by the former Saint John Parking Commission to provide enforcement of city traffic, parking lot and parking meter by-laws and have had a very successful partnership for over 25 years. They are a not -for -profit organization, that take pride in providing meaningful employment while offering quality service at competitive rates. The Commissionaires are contracted and through resolution of Council act as on -street parking by-law enforcement officers, parking lot attendants (for both the Market Square parking garage and Peel Plaza Parkng garage), parking collections officer and an enforcement supervisor. Parking enforcement officers are responsible for enforcement of the Traffic and Parking meter by-laws, every day on foot and in all types of weather conditions. A team of up to six officers issue on average 24,000- 28,000 parking tickets annually, resulting in on average over $650,000 in revenue, in pre pandemic conditions. While much of the focus is in the CBD and South End where parking demand is highest, there are also portions of north, east and west that are enforced by vehicle for violations such as alternate side parking and no parking. Enforcement officers are responsible for issuing tickets and working with city contracted vendors to tow vehicles during overnight parking bans during winter storms. At all times they are expected to provide excellent customer service and education about parking while interacting with the public. There are currently two full time and one part time parking lot attendants that are responsible for daily operations of the Market Square and Peel Plaza parking garages. Maintaining and providing customer service to help all patrons of the garages is a daily job duty of the attendants. On a weekly basis they are also responsible for completing the bank deposits and take part in the afterhours on call rotation. There are currently two contracted staff responsible for office related parking services covered under the service agreement including collection of overdue accounts, the sale of various forms of parking permits, and managing training and day to day operations as it related to the enforcement officers on the street. On an annual basis the Corp reviews the rates for services to be effective April 1 of each year, as outlined in the service agreement with the Parking department (former Saint John Parking Commission). These positions have experienced significant turnover, and the Commissionaires continue to experience challenges in retaining and attracting for the parking enforcement position in particular due to the low hourly rate of pay. As such it has been since 2018 that the department has been at a full complement of 6 parking enforcement officers. On February 4th, 2022, the Parking department received a letter from the Corp regarding an increase to rates for 2022-2023. The letter indicates that the increase is necessary to remain competitive with the provincial minimum wage increases on April 15T, 2022 and help to attract and retain quality applicants. The rate increases also take into consideration the increases to cost of living/CPI and the wage expenses experienced by the Corp. rKj -3- The Parking department agrees with the details of the service agreement including the rate of pay increases outlined therein. STRATEGIC ALIGNMENT This report aligns with Council's Priority to perform by leveraging viable opportunities to generate alternate/new sources of revenue. SERVICEAND FINANCIAL OUTCOMES The increase in cost from this new agreement are expected to be outweighed by the additional parking ticket revenues from more consistent enforcement of the by-laws. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General Counsel Office has reviewed and provided feedback on the attached agreement and the report. ATTACHMENTS Appendix — Canadian Corp of Commissionaires NB & PEI Division Inc- Agreement for Security and Related Services — effective April 1, 2022. rL! BOPS/2A/03 Canadian Corps of Commissionaires 1*1 N.B. & P.E.I. Division, Inc. AGREEMENT FOR SECURITY and RELATED SERVICES This agreement, effective April 1, 2022 between the CITY OF SAINT JOHN and the contractor, CANADIAN CORPS OF COMMISSIONAIRES N.B. & P.E.I. Division, Inc., hereinafter called "the Division" sets forth the terms and conditions for the provision of Parking Enforcement and Related Services for the City of Saint John. TERMS AND CONDITIONS: The Division will supply Commissionaire members required for parking enforcement and related services for the City of Saint John at the rates specified in Appendix A. Services shall include those services described in Post Orders and all ancillary or related services (the "Services"). The Division agrees the Services shall be performed using all reasonable care and skill and in accordance with industry standards for enforcement and security related services and without limiting the foregoing any staff employed by the Division shall have the qualifications to perform the duties specified in the Post Orders. 2. The City of Saint John will pay the Division for the Services rendered in accordance with rates established in Appendix A, with annual reviews of such rates taking effect on April 1 of each year. An administration fee is included in the billing rates to enable the Division to defray operating and administrative expenses. 3. Payment shall be made in accordance with a statement of account rendered by the Division on a biweekly basis for services performed in accordance with specific request from the City of Saint John for such period. Payment shall be made within thirty (30) days of receipt of such statement and overdue accounts which are not disputed by the City of Saint John acting reasonably may be subject to late payment charges of 2 % per month. 4. The Division shall comply and be solely responsible for all Federal and Provincial legislation affecting condition of work and wage rates. In the event that during the course of this agreement, the cost to the Division in conditions of labour, including but without limiting the generality of the forgoing, vacation pay, statutory holiday pay and mandatory health benefits increase as a result of the action of Federal Government or the Government of the Province of New Brunswick, the Division may request that the rates specified in this agreement which are affected be adjusted by the amount which will ensure that the Division shall recover the cost thereof. The City of Saint John may but shall not be obligated to increase such rates and in the event it does not agree to the rate increase, may terminate this Agreement. Without limiting the foregoing, the Division shall be solely responsible for any and all contractor or employment obligations for such individuals it assigns to carry out the Services and without limiting the foregoing shall be solely responsible for any and all source deductions, insurance (workers compensation obligations) and/or other -1- riel employment liabilities for such Division. 5. Harmonized Sales Tax (HST) will be added to the billing rate. The invoice to City of Saint John may be adjusted according to these amounts or any other Federal or Provincial legislated tax increases. 6. The City of Saint John shall supply the Division with work instructions (post orders) for the Services to be delivered hereunder and the Division may upon receipt of such directions, request clarification or modification of such directions. If the Division is not prepared to perform the Services as directed, the City of Saint John may, acting reasonably, elect to terminate this Agreement and find an alternative service provider. To the extent that the City of Saint John requires additional services or a change in the scope of Services described herein, rates specified in Appendix A may be amended as mutually agreed as result of such changes and/or additional requirements. 7. The Division shall, at its sole expense, maintain workers compensation insurance coverage with Worksafe NB and will comply with all Occupational Health and Safety laws and regulations. The City of Saint John shall ensure that the parking enforcement staff assigned to the City of Saint John will be advised of all ongoing health and safety issues and concerns related to their employment. 8. The City of Saint John will appoint officials to whom the Designated Supervisor on site will report, and all orders and instructions concerning the duties of Commissionaire members insofar as the City of Saint John is concerned, will be given by this official to the person designated by the Division as the senior Commissionaire member. 9. The Division's personnel may only drive a City of Saint John vehicle if so authorized by the City of Saint John and the Division. The Division covenants and agrees to maintain commercial general liability insurance including fidelity insurance for all Services delivered hereunder in the aggregate amount of not less than two million ($2,000,000.00) dollars. 10. Should any Commissionaire member not perform their duties to the satisfaction of the City of Saint John Parking, the Division will, at the earliest opportunity, provide a suitable replacement. 11. The scheduling of personnel shall be determined by the Division provided that the Services are delivered as required hereunder and to the satisfaction of the City of Saint John. 12. The Division shall indemnify, defend and hold harmless the City of Saint John and its personnel, directors, officers, administrators, successors and assigns, from and against any and all claims of whatever kind arising from the Division's delivery of the Services including bodily injury (including death) and /or for damage to or destruction of tangible property caused by the negligence, intentional misconduct or other tortuous act or omission of the Division or its personnel, except to the extent caused by the negligence or willful acts or omissions of the City of Saint John. -2- MQ 13. This agreement shall enure to the benefit of and be binding on the parties hereto, their Heirs, Successors and Assigns respectively, but may be terminated upon either party giving to the other party thirty (30) days notice in writing. 14. Each party is acting as an independent contractor and not as an agent, partner or joint venture with the other party for any purpose. Neither of the parties or any of their representatives or members are, or shall be deemed for any purpose to be, an employee or agent of the other and neither party shall have the power or authority to bind the other party to any contract or obligation. 15. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. This Agreement supersedes any and all agreements, understandings and representations made between the Parties with respect to the Services and any other matter described herein prior to the date this Agreement is executed by the parties. No provision of this Agreement shall be amended, except by a further written agreement between the Parties. No waiver of a provision of this Agreement shall operate as a waiver of any other provision or as a waiver of the same provision on another occasion. This Agreement may be executed in several counterparts and by electronic signature, each of which so executed shall be deemed to be an original and such counterparts when taken together shall constitute one and the same original agreement which shall be bindings on the parties. Signed and Delivered in the presence of: Name and Title, (print) City of Saint John Name and Title, (print) S i =on ature Signature City of Saint John Robert (Bob) Ferguson, Chief Executive Officer Canadian Co s of Commissionaires N.B. & P.E.I. Division, Inc. J DwigAGMaxan, Dir for of Business Operations (Witness) Canadian Corps of Commissionaires N.B. & P.E.I. Division Inc. Date Date �(Oldl 30 Date k/1"" -rde ,2022 Date -3- MA APPENDIX A SAINT JOHN PARKING Detail # Position Current Charge Charge Rate (April 1, 2022) Public Holiday Rate ( April 1, 2022) 79-2 Market Sq. Attendant $18.07 $20.15 $30.22 79-2 Market Sq. Admin/Attendant $21.00 $22.25 $33.27 83 Parking Enforcement Officers $19.04 $22.08 $33.12 83 Parking Enforcement - Lead Officer $20.42 $23.46 $35.19 83 Parking Collections $20.42 $21.80 $32.71 84 Parking Enforcement Officers (Evenings) $19.73 $22.77 $34.16 92 Parking Enforcement - Supervisor $24.24 $26.25 $39.37 N-11 COUNCIL REPORT M&C No. 2022-138 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Contract No. 2022-08: Dominion Park Road — Sanitary Force Main AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Campbell J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that Contract No. 2022-08: Dominion Park Road — Sanitary Force Main be awarded to the low Tenderer, Maguire Excavating Ltd., at their tendered price of $149,221.13 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award 2022-08: Dominion Park Road — Sanitary Force Main to the low Tenderer. PREVIOUS RESOLUTION November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. REPORT BACKGROUND The approved 2022 Utility Fund Capital Program includes funding for the installation of approximately 200m of dedicated force main for Lift Station "A", including design and construction management services. The work will include the installation of a new sanitary force main between the existing Sewage Lift Station "A" and the start of the gravity sewer at Civic #601. r�%] -2- TENDER RESULTS Tenders closed on April 201h, 2022, with the following results, including HST: 1. Maguire Excavating Ltd. $149,221.13 2. Fairville Construction Ltd. $175,490.00 3. Galbraith Construction Ltd. $177,829.10 4. Terraex Inc. $229,471.00 The Engineer's estimate for the work was $175,120.00, including HST. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects except for the tender from Terraex Inc. The tender from Terraex Inc. contained an error in mathematics that was corrected in accordance with Division 2.11 u) (i). The corrected tender price is reported above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2022 Utility Fund Capital Program. The work is fully funded by the Canada Community -Building Fund (CCBF). Assuming award of the Contract to the low Tenderer, an analysis has been completed which includes the estimated amount of work for this project (performed by the Contractor and Others). The analysis is as follows: Budget $ 215,000.00 Project Net Cost $ 159,899.00 Variance (Surplus) $ 55,101.00 Ias] 414V=9: 1►107: 1ilk] 1►We] &0]►RI1: [a]Ito] ► role] ►11IIA IN The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This project aligns with Council's priorities of GREEN, GROW AND PERFORM. By installing a new sanitary force main, the City is increasing the performance of Sanitary Lift Station "A" and the Tippett Drive Lift Station as well as lowering the energy requirements for both lift stations (GREEN), but will also E:ii] -3- accommodate further development (GROW). As this entire project is being funded by the Canada Community -Building Fund, the PERFORM Council priority is being met. Leveraging alternative sources of financing for Capital projects illustrates that the City is being fiscally responsible. SERVICEAND FINANCIAL OUTCOMES The installation of a new, dedicated force main will increase the performance of Sanitary Lift Station "A" and Tippett Drive Lift Station as well as reduce the energy required to operate both stations. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Tendering process for this project was completed in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS N/A E:1iI COMMON COUNCIL REPORT M&C No. 2022-153 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Network Resource Establishment Increase to Support SCADA OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Stephanie Rackley-Roach Kevin Fudge Brent McGovern John Collin RECOMMENDATION The City Manager recommends that Common Council approve the addition of one Network Specialist to the City's establishment to support the maintenance of Saint John Water's SCADA System. EXECUTIVE SUMMARY SCADA is a key component of a safe, clean drinking water system. It provides for the monitoring and operation of water distribution and wastewater systems. Given the risks associated with service interruptions to SCADA, the network of computing devices that makes up this system requires enhanced maintenance and security. Saint John Water and the City's Information Technology (IT) team evaluated options for maintenance of the SCADA system. This included contracting out this work and leveraging internal IT resources. The 24 x 7 x 365 availability of internal IT resources at a lower cost, resulted in an agreement that the City could support SCADA provided an increase in the IT establishment of one network resource. Saint John water has agreed to fund 75% of the salary and benefits for this position from the Utility budget in 2023. The remaining costs will come from the General Fund Operating IT budget in 2023, with a corresponding reduction in casual salaries. Costs associated with this position for the remainder of 2022 will be split between Saint John Water and IT and offset by current vacancies. E-1yj -2- PREVIOUS RESOLUTION N/A REPORT SCADA stands for "supervisory control and data acquisition." The SCADA system is essentially a distributed computer system that is used by operations and management for process monitoring and automation. The SCADA communication network is spread throughout the water distribution and wastewater systems. Utilities are under intense pressure to provide safe, clean drinking water to an expanding customer base while maintaining aging infrastructure, all without going over budget. SCADA tools allow utilities to protect valuable drinking water resources by remotely monitoring and controlling their water distribution infrastructure. SCADA can also assist in reducing water costs for consumers as well as utilities. Operators can see which systems need additional optimization. Once these systems have been optimized, they should be able to run more efficiently, which reduces operational costs. Saint John Water was preparing to upgrade the SCADA system in 2020. The system was operational and not impacted by the cyberattack. This investment in the SCADA system was to ensure infrastructure, network, and security requirements were modernized and efficient as technology evolves. A consultant was engaged to review Saint John Water's SCADA system and evaluate security risks after the City's cyberattack in 2021. The consultant was the same one that worked with the City to rebuild our networks and restore applications post cyberattack. The result of the engagement was a plan to significantly upgrade SCADA infrastructure and network to enhance reliability and security. Saint John Water's SCADA infrastructure and network requirements have increased significantly with the new SCADA design, comparable to the network that supports the delivery of City services. The system requires 24 x 7 x 365 support and maintenance to ensure it is operational and secure. Prior to the cyberattack, Saint John Water relied on third -party vendors for most of the support and maintenance for SCADA. The City's IT team provided Internet connections, some support to PCs, and minimal back-up. Moving forward Saint John Water considered continuing to engage a third -party for SCADA maintenance and support or to invest in an IT resource to provide this service in-house. Given how essential SCADA is to operate and monitor water and E:ic3 -3- wastewater systems and the risks associated with an interruption in service, Saint John Water is confident in response to maintenance needs and knowledge of the upgraded SCADA system by the City's IT team. Leveraging the City's internal IT resources to maintain the SCADA system is more cost-effective than engaging a third -party vendor. This conclusion is based on current rates the City has been paying for external support for network needs. Given the increase in SCADA infrastructure, network, and security requirements, the IT team needs an additional network resource to support SCADA in addition to maintenance requirements on the City and Police networks. This position needs to be added to the City's workforce establishment. STRATEGIC ALIGNMENT Leveraging internal resources to provide maintenance and support to the SCADA network aligns with Council's Priority of Perform. This approach to supporting SCADA is more cost-effective and secure. It contributes to the City's commitment to being accountable for results in delivering public services by adhering to its plans, procedures, and best practices. SERVICEAND FINANCIAL OUTCOMES Saint John Water has agreed to provide funding up to 75% of a network specialist. This percentage has been calculated on the projected network requirements for maintenance. Work will be tracked over the remainder of 2022 and all of 2023 to determine if this percentage is appropriate. A Network Specialist salary ranges from $52,178 to $78,336 in 2021. Saint John Water will budget for 75% of the top of the range, plus benefits, in the Utility's 2023 operating budget. IT will budget for the remainder of costs for the resource in the 2023 General Fund operating budget, with a corresponding reduction in casual budget. The intention is to post the position upon Council's approval to add this resource to the establishment. Saint John Water and the IT budget will fund this position with vacancy variances for the remainder of 2022 with a 75% -25% share respectively. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water has reviewed and provided input into this report. Human Resources has reviewed the report. ATTACHMENTS N/A E:i! COUNCIL REPORT M&C No. 2022-152 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Tender 2022-681001T- Phosphate for Corrosion Control 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 J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the tender for the establishment of a supply agreement for Phosphate for corrosion control for the Loch Lomond Drinking Water Treatment Facility and the South Bay Wellfield Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. EXECUTIVE SUMMARY With the City's new Loch Lomond Drinking Water Treatment Facility and the thirty (30) year operation and maintenance agreement with Port City Water Partners, the City is responsible for the procurement of a corrosion inhibitor throughout the duration of the operating period as defined in the agreement. In early 2021 Saint John Water commissioned a new orthophosphate batching system at the South Bay Wellfield Water Treatment Facility. This new batching system allowed staff to switch from the existing liquid orthophosphate solution to the dry product utilized at the Loch Lomond Drinking Water Treatment Facility. The dry orthophosphate is more cost effective than the liquid solution, therefore, this change is delivering operational cost savings. A public tender call for the supply of Phosphates for corrosion control was issued on April 8t", 2022 and closed on April 26t", 2022. Brenntag Canada Inc. had the lowest compliant bid and Supply Chain Management supports the recommendation in this report. E:16'7 PREVIOUS RESOLUTION M&C 2018-105 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Canada Colors and Chemical (Eastern) Ltd, for a one-year term. M&C 2019-88 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. M&C 2021-104 Common Council RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking Water Treatment Facility and the Spruce Lake Water Treatment Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year term. STRATEGIC ALIGNMENT This report aligns with Council's Priority to Perform by investing in sustainable City services and municipal infrastructure while supporting the City's commitment to providing safe, clean drinking water. REPORT The purpose of this report is to inform Council of the results of the tender issued for the procurement of a corrosion inhibitor to be used at the Loch Lomond Drinking Water Treatment Facility and the South Bay Wellfield Water Treatment Facility. Under the Safe, Clean Drinking Water Project and the thirty (30) year operation and maintenance Contract with Port City Water Partners (PCWP), the City, at its sole discretion, may direct Project Co (PCWP) to make the following chemical feed changes that impact the distribution system water quality and operation: 1. Secondary chlorine residual 2. Finished water pH 3. Corrosion inhibitor type 4. Corrosion inhibitor and dose. As per condition 3 above, the City is responsible for procurement of a corrosion inhibitor to be used at the water treatment facility. The treatment of the water with a corrosion inhibitor has been part of the design of a new Water Treatment plant. E:11.1 The newly commissioned orthophosphate batching system at the South Bay Wellfield Water Treatment Facility is utilizing the same dry product as the Loch Lomond Drinking Water Treatment Facility. The dry orthophosphate is more cost effective than the liquid solution, therefore, this change is offering an ongoing operational savings. SERVICEAND FINANCIAL OUTCOMES Based on the past twelve (12) months of operations and the unit price bid, the City will spend approximately $400,000.00 annually to purchase bulk orthophosphate. The City spent approximately $215,000 to purchase bulk orthophosphate in 2021. There was a significant price increase in the unit price provided in 2022 ($13.99/KG) in comparison to the 2021 price of $7.6/KG. This increase according to the supplier is as a result of the higher material and fuel costs. The high volatility of chemical prices because of the current geopolitical climate makes it difficult for suppliers to lock in a firm yearly price and this is also having an impact on the above noted price increase. This is a budgeted expenditure and as such funds are provided in the annual Utility Operating Budget to cover this expense. The additional cost increase that was not accounted for in the 2022 budget will be able to be managed within the overall Utility budget. Saint John Water purchased roughly half of the 2022 stock under the previous year's pricing so this additional expenditure was minimized in the 2022 budget and will be budgeted for in the 2023 budget which will place further pressure on the overall 2023 budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Both the Department of Environment and Local Government (Regulator) and the Department of Health had previously reviewed and approved the City's plan for the treatment of the drinking water with a corrosion inhibitor to control corrosion rates within the City's assets - the water distribution system. Supply Chain Management: A public tender call for the supply of Phosphates for corrosion control was issued on April 8th, 2022 and closed on April 26th, 2022. Two companies responded to the tender call by submitting bids. The results are as follows: 1. Brenntag Canada Inc. $13.99/KG 2. Shannon Chemical Corporation $14.72/KG Brenntag Canada Inc. has submitted the lowest compliant bid and staff with Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff recommends that the lowest compliant E:Yl tenderer "Brenntag Canada Inc." meets all requirements and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS NA E:1:3 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-136 Report Date April 20, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Appointment of Chairperson and Vice -Chairpersons for Saint John Substandard Properties Appeal Committee AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Pamela Bentley J Hamilton /A Poffenroth John Collin RECOMMENDATION It is recommended that Common Council adopt the resolution appointing Don Cullinan as Chairperson with Natacha Bujold and David Brown appointed as Vice - Chairpersons to the Saint John Substandard Properties Appeal Committee in the form attached to M&C No. 2022-136. EXECUTIVE SUMMARY The purpose of this report is to designate Don Cullinan as Chairperson of the Saint John Substandard Properties Appeal Committee and committee members Natacha Bujold and David Brown as Vice -Chairpersons due to recent vacancies of the Committee. In doing so, the Saint John Substandard Properties Appeal Committee will be able hold appeal hearings and provide decisions that relate to Notices to Comply and Orders to Comply issued under the Unsightly Premises and Dangerous Buildings and Structures By-law and the Minimum Property Standards By-law, respectively. Both by-laws were enacted under the authority of the Local Governance Act and property owners have the option to appeal a Notice to Comply or an Order to Comply if they are not satisfied with the terms and conditions set out in said Notice or Order. PREVIOUS RESOLUTION As supporting information for this report and subsequent recommendation, Council may be advised that the following resolutions were made: E-lue -2- At a meeting of Common Council on October 13, 2020, a resolution to adopt the Updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee was passed. At Common Council meetings held on July 8, 2019, December 16, 2019 and April 4, 2022 respectively, Don Cullinan, Natacha Bujold and David Brown were appointed as members of the Saint John Substandard Properties Appeal Committee. On February 11, 2019, Cheryl Johnson was reappointed to the Saint John Substandard Properties Appeal Committee and continued in her role as Chairperson as appointed by council's resolution at their May 2, 2016 meeting. Ms. Johnson did not renew her term on the Saint John Substandard Properties Appeal Committee when it ended on April 4, 2022. REPORT The Saint John Substandard Properties Appeal Committee ('the Appeal Committee") is a committee of Council required by the Locol Governance Act in order to assist with administration of Part 13 of the Act relating to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and the Saint John Minimum Property Standards By-law. The Appeal Committee is a fair and impartial committee that hears appeals of owners or occupiers of premises, buildings or structures who have been given a Notice to Comply or an Order to Comply under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law or the Saint John Minimum Property Standards By-law, respectively, when they are not satisfied with the terms and conditions laid out in said Notice or Order. The Appeal Committee may uphold, modify or rescind the Notice or Order given and the decision of the Appeal Committee is binding upon the owner or occupier and upon the City. The document "Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee" ("the Provisions") is the governing document that outlines the operation and procedures of the Appeal Committee. The most recent version of the Provisions was adopted by resolution at Common Council on October 13, 2020. 0I91 -3- At present, there are 3 members that serve on the Appeal Committee with one person named as Chair. Cheryl Johnson, a long -serving member, and Chairperson of the Appeal Committee, recently advised that she would not renew her appointment after her term ended on April 4, 2022. As per the Provisions, it is necessary to designate one member of the Appeal Committee as Chair with the remaining members named Vice -chairs. Member Don Cullinan has accepted to be the Chairperson of the Appeal Committee and therefore, the other members, David Brown and Natacha Bujold are named as Vice -Chairpersons of the Appeal Committee. Mr. Cullinan has been a member of the Appeal Committee since July 8, 2019 and he confirmed he will be reoffering for another 3 year term when his appointment ends in July 2022. Natacha Bujold's appointment is from December 16, 2019 to December 16, 2022 and most recently, David Brown was appointed to the Appeal Committee with a term of April 4, 2022 to April 4, 2025. STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICEAND FINANCIAL OUTCOMES Finalizing the appointments of the Chairperson and Vice -Chairpersons of the Appeal Committee is a requirement of the Provisions. These appointments will then permit the administration Part 13 of the Local Governance Act by allowing the Appeal Committee to hold fair and impartial hearings for owners or occupiers of properties when they are not satisfied with the terms and conditions given through a Notice to Comply or an Order to Comply with property -related by-laws; specifically, the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and the Saint John Minimum Property Standards By-law. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report and corresponding resolution have been reviewed by the General Counsel's Office. 021 -4- ATTACHMENTS Resolution to appoint Don Cullinan as Chairperson of the Saint John Substandard Properties Appeal Committee and Natacha Bujold and David Brown be appointed as Vice -Chairpersons of the Committee. Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as adopted at the October 13, 2020 meeting of Common Council. ON COMMON COUNCIL / CONSEIL COMMUNAL May 2, 2022 / le 2 mai 2022 RESOLVED, as recommended by the City Manager, that the following resolution be adopted: 1. That Don Cullinan be appointed as Chairperson of the Saint John Substandard Properties Appeal Committee for the remainder of his term and that he continues in this position should he renew at the end of his term on July 8, 2022. 2. That Natacha Bujold and David Brown be appointed as Vice -Chairpersons of the Saint John Substandard Properties Appeal Committee for the remainder of their terms and continue in these positions should they renew at the end of their terms on December 16, 2022 and April 4, 2025, respectively. 019] Q��; JO-11 -- , COUNCIL REPORT M&C No. 2020-247 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Adoption of Updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton / A Poffenroth I John Collin RECOMMENDATION Your City Manager recommends that Common Council adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as submitted. EXECUTIVE SUMMARY The purpose of this report is to make minor amendments to the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. The suggested amendments update the name and the location of the City Clerk's office as well as the name of Growth & Community Services. These updates are to ensure the City receives all necessary documents to hold fair appeal hearings in a timely manner. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. REPORT 01 f -2- The Saint John Substandard Properties Appeal Committee ("the Appeal Committee") is a committee of Council required by the Local Governance Act in order to assist with the administration of Part 13 of the Act, the Saint John Minimum Property Standards By -Law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law. The Appeal Committee hears appeals from owners or occupiers of premises, buildings or structures who have been given a Notice to Comply or an Order to Comply and are not satisfied with the terms and conditions set out in the Notice or Order. The Appeal Committee may confirm, modify or rescind the Notice or Order. The decisions of the Appeal Committee are binding on the City. Currently, the Appeal Committee consists of a group of four practicing lawyers who have been in active legal practice for at least four years. For the purpose of hearing an appeal, at least one committee member is required to be present to constitute a quorum. The appeal committee would typically hear one to two appeals on average per year. The purpose of this report is to make minor amendments the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee so that they may be put into practice. The amendments update the name and the location of the City Clerk's office as well as the name of Growth & Community Services. This update is to ensure the City receives all necessary documents to hold fair appeal hearings in a timely manner. SERVICEAND FINANCIAL OUTCOMES The Saint John Substandard Properties Appeals Committee provides a fair and impartial avenue to have concerns heard once a property owner has been issued a Notice to Comply or an Order to Comply. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Growth and Community Services and General Counsel jointly drafted the revised Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. ATTACHMENTS Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Reglement interieur du Comite des appels sur les residences non conformes aux normes de Saint John 01:1 Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Current to: October 13, 2020 OI:j -2- RECITALS WHEREAS, paragraph 10(1)(d) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting dangerous or unsightly premises and property; AND WHEREAS, subsection 7(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law provides that if a condition referred to in subsection 6(1), (2) or (3) exists, a by-law enforcement officer may notify the owner or occupier of the premises, building or other structure; AND WHEREAS, subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law provides that an owner or occupier of premises or a building or other structure who has been given a notice under section 7, other than a notice prepared and signed under subsection 14(1), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the notice; AND WHEREAS, paragraph 10(1)(e) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting the maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 25(1) of the Saint John Minimum Property Standards By -Law provides that where the condition of the premises, dwelling, dwelling unit or structure does not comply with this by-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order; AND WHEREAS, subsection 27(1) of the Saint John Minimum Property Standards By -Law provides that an owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. NOW THEREFORE BE IT RESOLVED that the Saint John Substandard Properties Appeal Committee is hereby created; AND BE IT FURTHER RESOLVED that the Provisions herein shall apply to the order and dispatch of business of the Saint John Substandard Properties Appeal Committee. 011i] -3- A. Definitions 1. Wherever a word is used in these Provisions with its first letter capitalized, the term is being used as it is defined in this Section A. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "Appeal Committee" means the Saint John Substandard Properties Appeal Committee. "Architect" means a professional architect registered in the Province of New Brunswick. "By-law Enforcement Officer" means a by-law enforcement officer, inspection officer or standards officer appointed under the Saint John Unsightly Premises and Dangerous Buildings or Structures By-law or the Saint John Minimum Property Standards By-law and designated by resolution of Common Council. "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick. "Business Hours" means 8:30 a.m. to 4:30 p.m. of any Business Day. "Chairperson" means the Chairperson of the Appeal Committee. "City Clerk" means the Director of Legislative Services / City Clerk of the City of Saint John or the Manager of Legislative Services / Deputy Clerk. "Common Council" means the elected municipal council of the City of Saint John. "Engineer" means a professional engineer or a consulting engineering firm who is currently licensed to practice within the Province of New Brunswick to carry out engineering services. "Notice" means a Notice to Comply issued under section 7 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By - Law. "Notice of Appeal" means a Notice of Appeal in the form prescribed in Schedule "A" of these Provisions. 0I:] "Official Languages" means the two official languages of New Brunswick within the meaning of the Official Languages Act, S.N.B. 2002, c. 0-0.5, and amendments thereto. "Order" means an Order to Comply issued under section 25 of the Saint John Minimum Property Standards By-law. "Property" means the property for which a Notice of Appeal has been sent to and received by the City Clerk. "Vice -Chairperson" means a Vice -Chairperson of the Appeal Committee. B. Interpretation 1. Headings: The captions, article and section names and numbers appearing in these Provisions are for convenience of reference only and have no effect on its interpretation. 2. Gender, Number: These Provisions are to be read with all changes of gender or number required by the context. 3. Legislation References: Each reference to legislation in these Provisions is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation and regulations. Where these Provisions reference other by-laws of the City of Saint John, the term is intended to include all applicable amendments to that by-law, including successor by-laws. 4. Severability: If any section, clause or provision of these Provisions, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the Provisions as a whole, nor any other part of it. C. Composition of the Saint John Substandard Properties Appeal Committee and Vacancies 1. There shall be an Appeal Committee composed of five members being one Chairperson and four Vice -Chairpersons. 2. All Appeal Committee members shall be: (a) members in good standing of the Law Society of New Brunswick; and (b) have been in active legal practice for at least four years. -5- 3. At least one Appeal Committee member shall be fluent in both Official Languages. 4. Common Council shall appoint all members who serve on the Appeal Committee. 5. Should a member of the Appeal Committee die, resign, become ineligible to be a member or be removed from office, Common Council shall, as soon as reasonably possible, appoint another person to replace such member, and such newly appointed member shall hold office for the remainder of the term of the member he replaces. D. Terms of Office 1. Common Council shall determine the length of time that a member will be appointed to the Appeal Committee. 2. The Chairperson shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 3. Vice -Chairpersons shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 4. Should a hearing of appeal be scheduled for multiple days or should an appeal regarding the same or common premises, structure, or building be heard in succession, Common Council can extend a term of a member of the Appeal Committee who has heard some or all of the appeal or appeals until all hearings have been completed and decisions rendered. This will occur on a case by case basis. E. Duties of ChairpersonNice-Chairperson 1. The Chairperson shall determine the time, date and place of hearings of the Appeal Committee. 2. A Vice -Chairperson is authorized to act as Chairperson in the event of the Chairperson's absence or his inability to act, or in the case of a vacancy in the chairmanship and, when so authorized, the Vice -Chairperson shall have all the powers and duties of the Chairperson. 3. All references in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee referring to KIIi7 Chairperson shall include Vice -Chairperson when a Vice -Chairperson is authorized to act as the Chairperson. F. Revocation of Appointment 1. Any appointment to the Appeal Committee may be revoked by Common Council at any time. 2. A member may resign at any time by submitting his resignation in writing to Common Council. 3. In the event that the membership of the Appeal Committee is increased, Common Council shall appoint such additional member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. 4. In the event that the membership of the Appeal Committee is decreased, Common Council shall remove the necessary number of member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. G. Rules of Procedure 1. After receipt of a Notice of Appeal as required under subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law or subsection 27(1) of the Saint John Minimum Property Standards By -Law, the City Clerk shall: (a) obtain from the Growth and Community Services Department a copy of the Notice or Order to which the Notice of Appeal relates; (b) promptly notify the Chairperson of the Appeal Committee; (c) enface the original copy of the Notice of Appeal and all documents submitted by the Appellant with the date upon which it was received; (d) assign and enface the Notice of Appeal and all documents submitted by the Appellant with a file number; (e) retain and file the original Notice of Appeal and all documents submitted by the Appellant; (f) forward a copy of the Notice of Appeal and all documents submitted by the Appellant, including the Notice or Order, to the Chairperson of the Appeal Committee; -7- (g) forward a copy of the Notice of Appeal and all documents submitted by the Appellant to a By-law Enforcement Officer; and (h) attempt to ascertain the Appellant's Official Language of choice. 2. The Appeal Committee shall hold a hearing during normal Business Hours within sixty calendar days after being advised by the City Clerk that a Notice of Appeal has been sent to, and received by the City Clerk, in accordance with subsection 9(3) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law or subsection 27(3) of the Saint John Minimum Property Standards, with respect to: (a) premises which are allegedly unsightly; (b) buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; or (c) premises, dwellings, dwelling units or structures that allegedly do not meet the minimum property standards set out in the Saint John Minimum Property Standards By-law or the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by-law. The City Clerk shall, at least ten calendar days before a scheduled hearing: (a) Advise a By-law Enforcement Officer of the date, time and place of the hearing. (b) Notify the Appellant of the date, time and place of the hearing by causing the original or copy thereof of the Notice of Hearing to be given: (i) if the Appellant is an individual, by personal service on the individual or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; (ii) if the Appellant is a corporation, by personal service on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; or `[oyl (iii) if the Appellant is represented by counsel and his counsel is authorized to accept service, by service on his counsel. 4. Prior to hearing the submissions of the parties, the Chairperson shall ask the Appellant: (a) to review the Notice or Order received from the City Clerk; and (b) confirm that the Notice or Order received from the City Clerk is the Notice or Order that the Appellant is appealing. 5. The following order shall be followed by the Appeal Committee when hearing any representations and evidence: (a) First, hear the representations and evidence presented by the Appellant in support of his Notice of Appeal. (b) Second, hear the representations and evidence from the By-law Enforcement Officer in support of the Notice or Order. (c) Third, offer the Appellant a chance to rebut the representations of and evidence from the By-law Enforcement Officer. 6. Should the Appellant wish to abandon his appeal, he shall file with the City Clerk a Notice of Abandonment or provide written confirmation to the City Clerk stating that he abandons his appeal. 7. A Notice of Appeal is deemed to have been abandoned when the Appellant or his counsel does not appear at the time, place and date set out in the Notice of Hearing. H. Duties and Powers 1. The hearing of an appeal shall be heard by one member of the Appeal Committee, selected by the Chairperson, who shall have all the powers and duties of the Chairperson in regards to said appeal. 2. A quorum of the Appeal Committee shall consist of one member. 3. The Appeal Committee shall, when making its decision in an appeal involving premises which are allegedly unsightly, give due consideration to the following: (a) whether the items involved are enumerated in subsection 6(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law; `Ily 3 -9- (b) the location from which the items involved are visible; (c) the location and use of the Property; (d) any representations and evidence presented in support of the Notice that is being appealed; and (e) any representations and evidence presented by the Appellant or his counsel. 4. The Appeal Committee shall, when making its decision in an appeal involving buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, give due consideration to the following: (a) section 13 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, which provides that a report from an Architect, an Engineer, a Building Inspector or the Fire Marshall stating that a building or structure is dilapidated or structurally unsound is proof in the absence of evidence to the contrary that a building or structure is dilapidated or structurally unsound; (b) any representations and evidence presented in support of the Notice that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 5. The Appeal Committee shall, when making its decision in an appeal involving premises, dwellings, dwelling units or structures which allegedly do not meet minimum property standards, give due consideration to the following: (a) the provisions of the Saint John Minimum Property Standards By- law and the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by- law; (b) any representations and evidence presented in support of the Order that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 1[0 1 -10- 6. If the Appellant abandons his appeal or if neither the Appellant nor his counsel appears at the date, time and place fixed for hearing of the appeal or at a rescheduled date, the Appeal Committee shall: (a) upon proof of service of the Notice of Hearing on the Appellant or his counsel, or upon proof that the Notice of Hearing was posted in a conspicuous place on the premises, building or structure in relation to the proceedings, carry out the following: (i) return the Notice of Appeal and all documents submitted by the Appellant to the address shown on the Notice of Appeal; and (ii) notify the Appellant in writing at the address shown on his Notice of Appeal of the decision of the Appeal Committee. I. Hearings to be Public l . All hearings before the Appeal Committee shall be open to the public. J. Lan2une of Proceedings 1. Prior to the commencement of an appeal hearing, the Chairperson shall confirm the Appellant's choice of Official Language for the hearing. 2. The "language of the Appellant" for the purposes of the appeal hearing, is the Official Language chosen by the Appellant. It does not have to be the Appellant's dominant language. 3. Where the Appellant does not indicate to the Chairperson his language of choice, the Appellant shall be deemed to have chosen the Official Language chosen by the Chairperson and the Chairperson shall ask if the Appellant objects to the hearing being conducted in that language. 4. Simultaneous interpretation shall be made available in circumstances where the language of the Appellant differs from the Official Language with which the members of the Appeal Committee are familiar. K. Right to Counsel 1. A person who brings an appeal shall be heard by the Appeal Committee and may be represented by counsel. L. Records of the Proceedings `tell -11- 1. The Appeal Committee shall keep records of its proceedings and shall use audio recording technology to record its appeal hearings. 2. The audio recording of a hearing may be destroyed one (1) calendar year after the hearing of the appeal if the Appellant did not exercise his right under subsection 9(8) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law to appeal the Appeal Committee's decision to The Court of Queen's Bench of New Brunswick. M. Decisions 1. The Appeal Committee shall provide a copy of its decision to the Appellant within fourteen (14) days after making its decision. The decision may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 2. The Appeal Committee's decision shall be dated and such date shall be the date of the decision. 3. All decisions of the Appeal Committee shall be written by the Appeal Committee member who acted as the Chairperson. N. Conflict of Interest 1. Any member must excuse himself from participating in a hearing in circumstances where he has a conflict of interest. O. Remuneration and Expenses 1. Members of the Appeal Committee will be remunerated as follows: (a) $600.00 per day of hearing. 2. Members of the Appeal Committee will be reimbursed for necessary expenses, reasonably and actually incurred by virtue of their participation in an Appeal Committee hearing. P. Funding 1. The City of Saint John shall provide funding for the Appeal Committee's activities through its normal budgeting procedure. 2. The City of Saint John shall provide the following to the Appeal Committee: (a) a venue where the hearings shall take place; `[eI:j -12- (b) audio recording equipment which is sufficient to record the hearing; (c) secretarial services, as required; (d) official stationery, as required; and (e) such other incidental services or resources that are necessary for the proper functioning of the Appeal Committee. Q. Office of the Appeal Committee 1. The address of the Appeal Committee shall be as follows: Saint John Substandard Properties Appeal Committee c/o The City of Saint John City Clerk 2"d Floor, City Hall Building P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 R. Matters Not Provided For 1. Any matter of procedure or practice not expressly provided for in the Provisions Governing the Procedure and Operation of the Appeal Committee shall be left to the members of the Appeal Committee to decide. Met] -13- Reglement interieur du Comite des appels sur les residences non conformes aux normes de Saint John En date du : 13 octobre 2020 `DDT -14- PREAMBULE : ATTENDU QUE, le paragraphe 10(1)(d) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, pr&voit que les gouvernements locaux peuvent, relativement a quelque fin municipale que ce soit, prendre des arret&s concernant les lieux et les biens dangereux ou inesth&tiques ; et ATTENDU QUE, le paragraphe 7(1) de l'Arrete relatif aux lieux inesthetiques et aux batiments et constructions dangereux dans The City of Saint John prevoit que lorsqu'existe une des situations mentionnees aux paragraphes 6(1), (2) ou (3), un AGENT CHARGE DE L'ExECUTION DES ARRETES peut aviser le proprietaire ou 1'occupant des lieux ou du batiment ou d'une autre construction; et ATTENDU QUE, le paragraphe 9(1) de 1'Arre1e relatif aux lieux inesthetiques et aux batiments et constructions dangereux dans The City of Saint John prevoit que le proprikaire ou l'occupant des lieux, du batiment ou d'une autre construction a qui a &t& donne 1'AVIS tel que le prevoit Particle 7, exception faite de 1'Avis &crit et sign& en vertu du paragraphe 14(1), et qui n'accepte ni les modalites ni les conditions y &nonc&es peut interjeter appel au comit& du CONSEIL COMMUNAL compkent en envoyant un AVIS D'APPEL par courrier recommand& au secr&taire de la municipalit& dans les quatorze jours qui suivent la notification de 1'AVIs; et ATTENDU QUE, 1'alin&a 10(1)e) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, pr&voit que les gouvernements locaux peuvent, relativement a quelque fin municipale que ce soit, prendre des arretes concernant les normes d' entretien et d'occupation des batiments et des locaux; et ATTENDU QUE, le paragraphe 25(1) de 1'Arre1e concernant les normes minimales regissant les residences de Saint John pr&voit que lorsque 1'etat des lieux, de 1'habitation, du logement ou de la construction ne se conforme pas a cet arret&, un AGENT CHARGE DE L'ExECUTION DES ARR-TES peut aviser le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la construction en d&livrant une ORDONNANCE; et ATTENDU QUE, le paragraphe 27(1) de 1'Arre1e concernant les normes minimales regissant les residences de Saint John pr&voit que le propri&taire ou l'occupant des lieux, de 1'habitation, du logement ou de la construction a qui une ORDONNANCE a &t& notifi&e aux termes du paragraphe 25(2) et qui n'accepte pas les modalites ou les conditions qui y sont &nonc&es peut interjeter appel devant le comit& du CONSEIL COMMUNAL comp&tent en envoyant un AVIS D'APPEL par courrier recommand& au secr&taire de la municipalit& dans les quatorze jours qui suivent la notification de I' ORDONNANCE. A CES CAUSES: i[oI51 -15- Est cr66 le Comite des appels sur les residences non conformes aux normes de Saint John. Le present r6glement int&rieur r6git le d6roulement des travaux du Comite des appels sur les residences non conformes aux normes de Saint John. A. Definitions 1. Les mots &crits en petites capitales dans le present document sont employs au sens des d6finitions qui suivent, sinon les mots ont le sens ordinaire en fran�ais. ARCHITECTE » Architecte professionnel autoris6 a exercer au Nouveau - Brunswick. AGENT CHARGE DE L'EXECUTION DES ARRETES » Un AGENT CHARGE DE L'EXECUTION DES ARRETES, un agent des inspections ou agent des normes nomm& conform6ment a 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John, et d&sign& par r6solution du CONSEIL COMMUNAL. AVIS» Avis de conformit& &mis en vertu de Particle 7 de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John. «AVIS D'APPEL » Avis d'appel selon la forme prescrite a 1'annexe « A » de ce document. COMITE D'APPEL » Le Comit& des appels sur les r6sidences non conformes aux normes de Saint John. CONSEIL COMMUNAL » Le conseil Ou de la municipalit6. GREFFIER MUNICIPAL » Le Directeur des services 16gislatifs / Greffier municipal de la municipalit& ou Chef des services 16gislatifs / Greffier adj ointe. HEURES D'OUVERTURE » Entre 8 h 30 et 16 h 30 d'un DOUR OUVRABLE. INGENIEUR » Ing&nieur ou cabinet de conseil en inge'nierie qui est autoris6 a exercer la profession d'ing6nieur au Nouveau -Brunswick. JOUR OUVRABLE » Toute joum&e autre que le samedi, le dimanche ou un four f&ri& au Nouveau -Brunswick. lie -16- B. C. «LANGUES OFFICIELLES » Les deux langues officielles du Nouveau - Brunswick au sens de la Loi sur les langues ofcielles, L.N.-B. 2002, ch. 0-0.5, ensemble ses modifications. ORDONNANCE » ORDONNANCE de conformite emise en vertu de Particle 25 de l'Arrete concernant les normes minimales regissant les residences de Saint John. PRESIDENT » Le president du COMITA D'APPEL. «RESIDENCE » Residence au sujet de laquelle un AVIS D'APPEL a 6t6 communique au GREFFIER MUNICIPAL. VICE-PRESIDENT » Un vice-president du COMITA D'APPEL. Interpretation 1. Intertitres : Les en-tetes, les intertitres et la numerotation du present document sont donnes pour la commodite du lecteur uniquement et n'ont aucune incidence sur l'interpretation du document. 2. Genre et nombre : Le pluriel et le singulier s' appliquent indifferemment a l'unite et a la pluralite, et le masculin et le feminin s'appliquent indifferemment, suivant le contexte, aux personnel physiques de l'un ou l'autre sexe ou aux personnes morales. 3. Sources l6gislatives : Toute source legislative apparait en italique daps le present document. Dans chaque cas, la source vise 6galement toutes les modifications apportees a la loi, y compris les Lois de remplacement, ainsi que les r6glements d' application. Dans le cas de references a d' autres arret&s de la municipalite, la source vise 6galement leurs modifications, y compris les arret6s de remplacement. 4. Divisibilite : Le fait pour un tribunal judiciaire ou administratif competent de declarer nul un article, une clause ou une disposition du present document n'a aucune incidence sur la validite de tout ou partie du document. Composition du Comite des appels sur les residences non conformes aux normes de Saint John et remplacements 1. Le COMITA D'APPEL est compose de cinq membres, savoir le PRESIDENT et quatre VICE-PRASIDENTS. 2. Tous les membres du COMITA D'APPEL doivent posseder les qualifications suivantes : 112 -17- a) etre membre en regle du Barreau du Nouveau -Brunswick; et b) avoir exerce activement le droit pendant au moins quatre ans. 3. En outre, au moins un membre du COMITE D'APPEL doit maitriser les deux LANGUES OFFICIELLES. 4. Le CONSEIL COMMUNAL nomme tous les membres qui siegent au COMITE D'APPEL. 5. Le CONSEIL COMMUNAL procede diligemment au remplacement, pour le reste de son mandat, de tout membre du COMITE D'APPEL qui decede, demissionne, n'a plus les qualifications requises ou est destitue. A Duree des mandats 1. Le CONSEIL COMMUNAL fixe la duree du mandat de chaque membre du COMITE D'APPEL. 2. Le PRESIDENT demeure en fonction pendant la duree qu' a fixee le CONSEIL COMMUNAL, aussi longtemps qu'il reste membre du COMITE D'APPEL. 3. Les VICE-PRESIDENTs demeurent en fonction pendant la duree qu'a fixee le CONSEIL COMMUNAL, aussi longtemps qu'ils restent membres du COMITE D'APPEL. 4. Dans le cas ou 1'audition d'un appel doit s'etendre sur plusieurs jours ou que des appels concernant des lieux, une constriction ou un batiment identiques ou communs doivent titre entendus successivement, le CONSEIL COMMUNAL peut, en procedant au cas par cas, prolonger la duree du mandat d'un membre du COMITE D'APPEL qui a entendu tout ou partie de 1'appel ou des appels jusqu'a la fin des audiences et du prononce des decisions. E. Fonctions du president et du vice-president 1. Le PRESIDENT fixe les date, heure et lieu des audiences du COMITE D'APPEL. 2. En cas d'absence ou d'empechement du PRESIDENT ou de vacance a la presidence, un VICE-PRESIDENT peut assumer la presidence et exercer toutes les attributions de la charge. 3. Toute reference au PRESIDENT dans le present document s'applique egalement au VICE-PRESIDENT autorise a assumer la presidence. `§FrIl F. Revocations 1. Toute nomination an COMITE D'APPEL est revocable an gre du CONSEIL COMMUNAL. 2. Un membre peut demissionner en presentant sa demission par ecrit au CONSEIL COMMUNAL. 3. S'il faut accroitre le nombre des membres du COMITE D'APPEL, le CONSEIL COMMUNAL nomme les membres additionnels et modifie le present document en consequence. 4. S'il faut diminuer le nombre des membres du COMITE D'APPEL, le CONSEIL COMMUNAL supprime les postes en trop et modifie le present document en consequence. G. Rules de procedure 1. Saisi d'un AVIS D'APPEL depose conformement au paragraphe 9(1) de l'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(1) de l'Arrete concernant les normes minimales regissant les residences de Saint John, le GREFFIER MUNICIPAL : a) obtient du Service de la croissance et du communautaire une copie de 1'AVIs auquel ou de l'ORDONNANCE a laquelle se rapporte 1'AVIS D'APPEL; b) en avise aussitOt le PRESIDENT du COMITE D'APPEL; c) inscrit la date de reception au recto des originaux de 1'AVIS D'APPEL et de tous les documents presentes par 1' appelant; d) inscrit un numero de dossier au recto de 1'AVIS D'APPEL et de tous les documents presentes par 1'appelant; e) conserve et classe les originaux de 1'AVIS D'APPEL et de tous les documents presentes par 1'appelant; f) transmet une copie de 1'AVIS D'APPEL et de tous les documents presentes par 1'appelant, dont 1'AVIS ou 1'ORDONNANCE, au PRESIDENT du COMITE D'APPEL; 119 -19- g) transmet une copie de 1'AVIS D'APPEL et de tous les documents pr&Sent&S par l' appelant a un AGENT CHARGE DE L'EXECUTION DES ARRETES; h) s'efforce d'identifier la LANGUE OFFICIELLE de predilection de 1' appelant. 2. Mis au courant par le GREFFIER MUNICIPAL d'un AVIS D'APPEL depose conform&ment au paragraphe 9(3) de l'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(3) de l'Arrete concernant les normes minimales regissant les residences de Saint John, le COMITE D'APPEL tient dans les soixante jours civils qui suivent, pendant leS HEURES D'OUVERTURE normales, une audience au sujet, selon le cas : a) des lieux qui seraient inesthetiques; b) des bdtiments ou des constructions qui seraient devenus dangereux pour la s&curit& du public du fait de leur Mabrement ou de leur manque de solidit&; c) des lieux, des habitations, des logements ou des constructions qui ne r&pondraient pas aux normes minimales enoncees dans l'Arrete concernant les normes minimales regissant les residences de Saint John ou le Nglement portant approbation du code d'entretien et d'occupation des residences qui a &t& adopt& et int&gr& par renvoi dans ledit arret&. 3. Au moins dix j ours civils avant I'audience, le GREFFIER MUNICIPAL: a) informe un AGENT CHARGE DE L'EXECUTION DES ARRETES des date, heure et lieu de I'audience. b) avise 1' appelant des date, heure et lieu de I'audience en lui communiquant 1'original ou une copie de 1'avis d'audience de la fa�on suivante : (i) dans le cas ou 1' appelant est un particulier, par signification en main propre ou par son affichage en un endroit bien visible des lieux, du bdtiment ou de la construction, (ii) dans le cas ou 1' appelant est une personne morale, par signification en main propre a un de ses dirigeants, administrateurs ou repr&sentants ou a un gestionnaire ou une personne qui parait etre responsable d'un bureau ou de quelque autre kablissement de la personne morale au 115 -20- Nouveau-Brunswick ou par son affichage en un endroit bien visible des lieux, du bdtiment ou de la construction, (iii) dans le cas ou 1'appelant est represents par un avocat autorise a accepter la signification, par signification a 1' avocat. 4. Avant d'entendre les parties, le PRESIDENT demande a 1'appelant : a) d'examiner 1'AVIS OU 1'ORDONNANCE reque du GREFFIER MUNICIPAL; b) de confirmer que cet AVIS ou cette ORDONNANCE est bien 1'AVIS OU 1' ORDONNANCE dont it inter] ette appel. 5. L'audition des observations et de la preuve par le COMITE D'APPEL se deroule dans l'ordre suivant : a) premierement, it entend les observations et la preuve presentees par 1'appelant a 1'appui de son AVIS D'APPEL; b) deuxiemement, it entend les observations et la preuve d'un AGENT CHARGE DE L' EXECUTION DES ARRETES a 1' appui de I'AVIS ou de 1' ORDONNANCE; c) troisiemement, it donne la chance a 1'appelant de refuter les observations et la preuve de 1'AGENT CHARGE DE L'EXECUTION DES ARRETES . 6. L'appelant qui desire abandonner son appel depose un avis d'abandon aupr&s du GREFFIER MUNICIPAL OU 11i confirme par ecrit qu'il abandonne son appel. 7. L'AVIS D'APPEL est repute &re abandonne si 1'appelant ou son avocat ne se presente pas aux date, heure et lieu enonces dans 1'avis d'audience. H. Exercice des attributions 1. Chaque appel est entendu par un membre du COMITE D'APPEL que choisit le PRESIDENT et qui a tous les pouvoirs et toutes les fonctions du PRESIDENT a 1' egard de I'appel. 2. Le quorum du COMITE D'APPEL est d'un membre. 3. En prenant sa decision a Tissue d'un appel relatif a des lieux qui seraient inesthetiques, le COMITE D'APPEL doit tenir compte de ce qui suit: -21- a) le fait que les choses en question soot &num&r&es ou non au paragraphe 6(1) de l'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John; b) 1'endroit a partir duquel les choses en question sont faciles a voir; c) 1'emplacement et l'utilisation de la RESIDENCE; d) toute observation ou preuve pr&sentee a 1'appui de 1'AVIS objet de I'appel; e) toute observation ou preuve presentee par 1'appelant ou son avocat. 4. En prenant sa decision a Tissue d'un appel relatif a des bdtiments ou a des constructions qui seraient devenus dangereux pour la s6curit6 du public du fait de leur d6labrement ou de leur manque de solidit6, le COMI A D'APPEL doit tenir compte de ce qui suit : a) Particle 13 de l'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John, qui dispose qu'un rapport emanant d'un ARCHITECTE, d'un INGENIEUR, d'un inspecteur des constructions ou du pr6v6t des incendies etablissant qu'un batiment ou une construction est delabre ou manque de solidit6 fait foi, en 1'absence d'une preuve contraire, du d6labrement ou du manque de solidit6 de ce batiment ou de cette construction; b) toute observation ou preuve presentee a 1'appui de 1'AVIS objet de I'appel; c) toute observation ou preuve presentee par 1'appelant ou son avocat. 5. En prenant sa decision a Tissue d'un appel relatif a des lieux, des habitations, des logements ou des constructions qui ne r6pondraient pas aux normes minimales r6gissant les residences, le COMITE D'APPEL doit tenir compte de ce qui suit: a) les dispositions de l'Arrete concernant les normes minimales r6gissant les residences de Saint John et du Reglement portant approbation du code d'entretien et d'occupation des residences qui a &t& adopt& et int&gr& par renvoi dans ledit arret&; b) toute observation ou preuve pr&sent6e a 1'appui de 1'ORDONNANCE objet de I'appel; `mVI - 22 - c) toute observation ou preuve presentee par 1'appelant ou son avocat. 6. Si 1' appelant abandonne son appel ou si 1' appelant ou son avocat omet de se presenter aux date, heure et lieu fixes pour 1'audition de 1'appel ou a une date de remplacement, le COMITE D'APPEL : a) constatant, preuve a l'appui, que l'avis d'audience a 6t6 signifi6 a 1' appelant ou a son avocat ou que l' avis d' audience a 6t6 affich6 en un endroit bien visible des lieux, du bdtiment ou de la construction vises : (i) retourne 1'AVIS D'APPEL et tous les documents pr&sent&s par 1'appelant a 1'adresse indiquee dans 1'AVIS D'APPEL; (ii) avise 1'appelant par 6crit, a 1'adresse indiquee dans son AVIS D'APPEL, de la d6cision du COMITE D'APPEL. I. Publicit6 des audiences 1. Toutes les audiences du COMITE D'APPEL sont ouvertes au public. J. Lan2ue des proc6dures 1. Avant 1'audition d'un appel, le PRESIDENT v6rifie quelle est la LANGUE OFFICIELLE de predilection de 1'appelant pour le d6roulement de 1' audience. 2. La ((langue de 1' appelant » pour 1' audition de 1' appel est la LANGUE OFFICIELLE choisie par 1'appelant, quelle que soit sa langue principale. 3. L' appelant qui omet de dire au PRESIDENT quelle est sa langue de predilection est r&pute avoir choisi la LANGUE OFFICIELLE choisie par le PRESIDENT, lequel demande alors a 1'appelant s'il s'oppose a ce que 1audience se d6roule dans cette langue. 4. La traduction simultan6e est utilis6e dans les cas ou la langue de 1'appelant differe de la LANGUE OFFICIELLE connue des membres du COMITE D'APPEL. K. Droit aux services d'un avocat 1. La personne qui inter ette appel est entendue par le COMITE D'APPEL et peut kre repr&sent&e par un avocat. L. Enre2istrement des actes du comit6 istil - 23 - 1. Le COMITE D'APPEL consigne ses actes dans des dossiers et fait des enregistrements sonores de ses audiences. 2. L'enregistrement sonore d'une audience peut &re detruit douze mois apres 1'audition de 1'appel, si 1'appelant n'a pas exerc6 son droit d'appeler de la decision du COMITA D'APPEL devant la Cour du Banc de la Reine du Nouveau -Brunswick en vertu du paragraphe 9(8) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John. M. Decisions 1. Le COMITA D'APPEL doit fournir une copie de sa decision a 1'appelant dans les quatorze jours suivant la date a laquelle it a rendu sa decision. La decision peut confirmer, modifier ou annuler 1'AVIs ou 1'ORDONNANCE ou proroger le delai pour s'y conformer. 2. Les d6cisions du COMITA D'APPEL sont dates, la date 6tant celle de la decision. 3. Toutes les d6cisions du COMITA D'APPEL soot r&dig&es par le membre qui exergait la pr6sidence. N. Conflit d'int& is 1. Un membre doit s'abstenir de participer a une audience s'il est en conflit d'interets. O. R6mun6ration et d6penses 1. Les membres du COMITE D'APPEL regoivent la r&muneration suivante : a) 600 $ par journee d'audience. 2. Les membres du COMITE D'APPEL sont indemnises des d6penses n6cessaires engages raisonnablement et effectivement a l'occasion de leur participation a une audience du COMITE D'APPEL. P. Financement 1. La municipalit6 finance les activit&s du COMITE D'APPEL dans le cadre de son processus budg&taire habituel. 2. La municipalit6 fournit ce qui suit au COMITA D'APPEL : a) le lieu d' audience; `fi1:7 -24- b) le materiel audio necessaire pour enregistrer 1'audience; c) les services de secretariat, au besoin; d) le papier a lettres officiel, au besoin; e) les autres services ou ressources connexes qui sont necessaires au bon fonctionnement du COMITE D'APPEL. Q. Siege du COMITE D'APPEL 1. L'adresse du COMIA D'APPEL est la suivante Comite des appels sur les residences non conformes aux normes de Saint John a/s The City of Saint John Greffier municipal 2e etage, Edifice de 1'h6tel de ville C.P. 1971 Saint John (Nouveau -Brunswick) E2L 4L1 R. Questions non Drevues 1. Le COMITE D'APPEL est habilite a trancher toute question de procedure non reglee expressement dans le present document. ■ I 51 - 25 - Schedule "A" FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Annexe « A » FORMULE 1 AVIS D'APPEL N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom : Adresse : Telephone: Nom : Adresse Telephone: 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 120 -26- dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a ete donne 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 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 l'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 (set out the grounds clearly but briefly): Dated at 520 Signature of owner or occupier the Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de fagon claire et concise) : 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 20 Signature du proprietaire ou de 1'occupant le L'appelant a ou les appelants ont l'intention d'utiliser la langue frangaise [ ] ou anglaise [ ] (Veuillez cocher la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande an grefer municipal dans les quatorze (14) jours qui suivent la notification de VAvzs on de VORDONNANCE a Vadresse suivante : Bureau du greffier municipal 15 Market Square, Edifice de 1'h6tel de ville, 2e etage Case postale 1971 122 -27- Saint John, New Brunswick E2L 4L 1 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. 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. Saint John (Nouveau -Brunswick) EM 4L 1 Telephone : 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un Avis ou une ORDONNANCE dont it n'est pas interjet& appel dans les quatorze (14) jours qui suivent la notification de 1'Avis ou 1'emission de l'ORDONNANCE est r&put& confirm&. 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 cours de laquelle le(s) proprietaire(s) ou 1'occupant ou les occupants qui interj ette(nt) appel a (ont) le droit d' etre entendu(s) et peut (peuvent) se faire repr&senter 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'Avls 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) propri&taire(s) ou a 1'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) inter et& appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'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 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 d6marche a suivre en vertu de Farret& n'a pas ete suivie, ou (b) la decision est d6raisonnable. `PWIl D '� r r I l jl COUNCIL REPORT M&C No. 2022-137 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Contract 2022-06: Coleson Cove Raw Water Transmission Main Upgrades Phase 2 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that Contract 2022-06: Coleson Cove Raw Water Transmission Main Upgrades Phase 2 be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $535,900.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2022-06: Coleson Cove Raw Water Transmission Main Upgrades Phase 2 to the low tenderer. PREVIOUS RESOLUTION M&C 2021-303 - November 15, 2021; — General Fund and Utility Fund Capital Budgets, approved. REPORT I:&TO15fel 1061Rj0101 The approved 2022 Water and Sewerage Utility Fund Capital Program includes industrial funding for the construction management and construction to replace two large diameter culverts along the existing transmission main access road. The work included in Phase I involved cleaning and completing corrosion protection within multiple chambers, brush clearing, regrading of the roadway access, smaller culvert replacement and repairs, ditching along the access road from Spruce Lake to the Coleson Cove Generating Station and associated landscaping. `P4c3 -2- The work included in Phase 2 involves the replacement of two large diameter culverts that have been washed away as well as associated access road regrading and landscaping. TENDER RESULTS Tenders closed on April 19, 2022, with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $535,900.00 The Engineer's estimate for the work was $409,584.00 including HST. ANALYSIS The tenders were reviewed by both staff and CBCL Limited and all were found to be formal in all respects except for the following submissions: 1. TerraEX Inc., (Saint John, NB) was not evaluated as that tender did not comply with Division 2.4.01 - Tender Documents to be Obtained in Prescribed Manner which states; "Tender Documents shall be obtained from the City of Saint John, 175 Rothesay Avenue, 15t Floor, Saint John, New Brunswick. In order to obtain the Tender Documents the following requirements must be met: a) deposit a non-refundable payment for each set of Tender Documents in an amount specified in the tender advertisement; and b) the Tenderer must register on the City's official list of bidders for this project, as follows: (i) registration of the full legal name, contact person, telephone number and email address of the Tenderer obtaining the Tender Documents; or, if applicable, (ii) the registration of the full legal name, contact person, telephone number and email address of the Tenderer on whose behalf the Tender Documents are being obtained. The names of the Tenderers having complied with the above criteria will be consolidated onto the City's official bidders list. Only Tenderers listed on the City's official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender Documents from the City of Saint John and is not registered on the City's official list of bidders for this project in the manner set out above will not be evaluated." TerraEX Inc. was not registered on the City's official list of bidders for this project therefore as per the requirement noted above its submission was not evaluated by the Tender Opening Committee. 2. Keel Construction Ltd., (Grand Bay — Westfield, NB) was disqualified as their tender submission did not comply with item g) of Division 2.8.03 - Stage 1: Evaluation of Mandatory Requirements which states; ME -3- "The Tender does not include a fully completed prescribed Form of Tender, signed by an authorized agent, which bears the Tenderer's corporate seal, pursuant to section 2.6.02 a) and Division 4." The tender form from Keel Construction Ltd. was not signed at all mandatory locations as required in Division 2.8.03 (g) and as a result its tender was disqualified. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2022 Water and Sewerage Utility Fund Capital Program. As this pipe services an industrial customer, the cost of this industrial water project will be funded solely by the industrial customer. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 675,000.00 Project net cost $ 533,954.75 Variance (surplus) $ 141,045.25 POLICY —TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications, and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with the City's Priorities of GROW by investing in key infrastructure upgrades and PERFORM by adhering to plans, policies, procedures, and best practices with respect to managing the City's infrastructure assets. SERVICEAND FINANCIAL OUTCOMES The rehabilitation of the large diameter culverts and access road will allow Saint John Water to maintain the industrial transmission main feeding the Coleson Cove Generating Station and quickly respond to emergencies should they arise. -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The tendering process forth is project was completed in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS N/A `PU COUNCIL REPORT M&C No. 2022-148 Report Date April 25, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Highway Usage Permit and Crossing Agreement for the 2022 Memorial Cup — Legacy Project AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Barb Crawford J. Brent McGovern I John Collin RECOMMENDATION It is recommended that: • The Mayor and City Clerk be authorized to execute the Maritimes & Northeast Pipeline Crossing Agreement in the form attached to M&C No. 2022-148 for purposes of allowing the construction and operation of the Memorial Cup - Legacy Project. • The Mayor and City Clerk be authorized to execute the Department of Transportation and Infrastructure Highway Usage Permit in the form attached to M&C No. 2022-148 for purposes of allowing the construction and operation of the Memorial Cup - Legacy Project. EXECUTIVE SUMMARY The 2022 Memorial Cup Saint John Host Company Inc. (the Host Organizing Committee) wishes to leave a legacy project to the City of Saint John. As endorsed by Council at the April 19, 2022 meeting of Council, the outdoor ball hockey surface will be constructed adjacent to the skateboard park in the area of TD Station. The cost of construction of the ball hockey surface will be borne by the Host Organizing Committee and the site turned over to the City of Saint John to maintain and operate. The Site adjacent to TD Station and the Skateboard Park, has a number of benefits and also a few complexities. As such, a number of reports, documents and license agreements have been brought to Common Council for consideration. Two documents are attached to this report for consideration of Council including the Maritimes & Northeast Pipeline Crossing Agreement and the Department of Transportation and Infrastructure Highway Usage Permit. These documents, once executed, will permit the construction of the facility as well as the ongoing operation and use. These two agreements are the last of the remaining agreements to permit the construction and operation of the Memorial Cup — Legacy Project. MAIN -2- PREVIOUS RESOLUTION Common Council at its April 19, 2022 meeting adopted the following resolutions: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-129: 2022 Memorial Cup - Legacy Project, Council approves the following: 1. The City enter into a Donation Agreement with the 2022 Memorial Cup Saint John Host Company Inc. for the purpose of receiving a newly constructed ball hockey arena in the form attached to M&C No. 2022-129; and that the Mayor and City Clerk be authorized to execute the necessary Donation Agreement documents; and, 2. The Mayor and City Clerk be authorized to execute the Canadian National Railway Company Release of Liability and Permit License document in the form attached to M&C No. 2022-129 for purposes of allowing the construction of the ball hockey arena. RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-135: Easement Amendment and License for an Outdoor Ball Hockey Arena - Station Street: 1. The City enter into a License Agreement with 2022 Memorial Cup Saint John Host Company Inc. for the purpose of granting a construction license for an Outdoor Ball Hockey Arena generally in the form as attached to M&C No. 2022-135 and that the Mayor and Clerk be authorized to execute the said License Agreement and any document ancillary thereto; and further 2. The City enter into an amended and restated Indenture for an easement on Saint John Port Authority Lands for the purpose of permitting the construction and operation of an Outdoor Ball Hockey Arena generally in the form as attached to M&C No. 2022-135 and that the Mayor and Clerk be authorized to execute the said Indenture and any document ancillary thereto. REPORT The Memorial Cup is one of the most prestigious and coveted hockey trophies in North American sport. The 2022 Memorial Cup will be held in Saint John, beginning Monday, June 20 and continuing until Wednesday, June 29, 2022, when the Championship Final will be held. As a legacy gift, the Host Organizing Committee has proposed to leave the City with an outdoor public ball hockey surface. This legacy project will be constructed and funded fully by the Committee and funds are being provided for approximately 5 years of ongoing maintenance. The Site adjacent to TD Station and the Skateboard Park, has a number of benefits and a few complexities. As such, a number of reports and documents have been brought to Common Council for consideration. liW-13 -3- There are multiple properties under separate ownership where the ball hockey surface is to be constructed, including: the Saint John Port Authority, Provincial and City lands, as well as some private interests. In this report, the final agreements to permit the construction and operation are provided for consideration. The use of Provincial land is proposed to be managed through a Highway Usage Permit (HUP). The HUP has been reviewed by the City's General Counsel Office and was found to be consistent with the neighbouring Skate Park HUP, originally signed in July 2008. The installation of the ball hockey surface falls within lands encumbered by a natural gas pipeline. The pipeline is operated through license between The City of Saint John and Maritimes & Northeast Pipeline. The installation of the ball hockey surface requires a crossing agreement between the parties and is attached for Council's consideration. STRATEGIC ALIGNMENT This report best aligns with the Common Council priorities of GROW, BELONG and MOVE. SERVICEAND FINANCIAL OUTCOMES There are associated fees with the proposed license agreements. Similar to the neighbouring skateboard park, there is an annual fee for the Highway Usage Permit of $500 payable to the Minister upon execution and annually in April. This cost can be managed within the operating budget. There is no fee associated with the Crossing Agreement with Maritimes & Northeast Pipeline. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Internal input has been provided by Public Works and Transportation Services, Utilities & Infrastructure Services, Growth & Community Services, General Counsel's Office, Real Estate and the City's Risk Manager. The General Counsel's Office has reviewed the attached HUP and Crossing Agreement. ATTACHMENTS 1. Maritimes & Northeast Pipeline Crossing Agreement 2. Department of Transportation and Infrastructure Highway Usage Permit W16-1 ENBRIDGECrossings Analyst tel 403-767-3711 330, 10180 - 101 Street NW Lands & ROW, Canada Edmonton AB T5J 3S4 maritimescrossingscanada@enbridge.com April 22, 2022 Email only: barb. crawford()saintiohn.ca Barb Crawford Agreement: LRCE0001-479-1 City of Saint John Cross-reference: KIP 96-97± 15 Market Square ENB File: LRCE0001-479 Saint John, NB E2L 4L1 Your File: Ball Hockey Rink (2022 Memorial Cup) Dear B. Crawford RE: Application by the City of Saint John ("Grantee") for permission to construct a ball hockey rink, sidewalk, roadway realignment and resurfacing for the 2022 Memorial Cup affecting PID's 55161590, 55209746, 55100986, 55151351, affecting pipeline(s) and/or right-of-way(s) owned and operated by MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. ("Grantor") Enclosed please find our Crossing Agreement (the "Agreement") pursuant to your application request. No change, modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the authorized representative(s) of both parties. Please ensure that you complete the Notices Section in Schedule "B" of the Agreement. Please review the Agreement and if satisfactory attend to the execution of same, by an authorized representative of your organization, and return the executed copy to our office so that we may execute same. Upon our execution of the Agreement we will provide you with a fully executed copy for your records. Please note that a fully executed copy of this Agreement must be on site during construction and prior to notice being provided to Grantor's representative(s). Please provide three (3) working days' notice prior to construction to Grantor's representative(s): Grantor's Facility: Marc Hynes (780) 838-8408 marc.hynes@enbridge.com GOLD-BRDR/SJLT VS-095 Please provide the same notice to your Provincial One -Call provider at www.atlanticdigsafe.ca or 1-866-344-5463 for New Brunswick. Grantor's underground facilities must be positively identified to Grantor's satisfaction, prior to the start of any construction activities. Grantor's representative(s) have the authority to stop work at any time due to safety, environmental or operational concerns and/or unforeseen circumstances or emergency events. Any request made by Grantor's representative(s) for protection of facility shall be abided by promptly. Please note that this Crossing Agreement applies to the approved facilities set out in the "RE" line above. It does not apply to temporary vehicle or equipment crossings. Grantee must submit a separate application for any temporary vehicle or equipment crossings (together with vehicle/equipment specifications). No vehicles or equipment are permitted to operate over or across the Grantor's pipeline right-of-way and/or pipeline(s) until a temporary vehicle/equipment crossing agreement is in place between the Grantor and Grantee. If further information is required, please do not hesitate to contact the undersigned. Sincerely, f Crossings Analyst Attachments Application Agreement# LRCE0001-479-1 130 Page 1 of 21 of CA CROSSING AGREEMENT THIS AGREEMENT is made and effective as of the 22nd day of April, 2022 ("Effective Date"); BETWEEN: MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. (hereinafter referred to as "Grantor") -and- CITY OF SAINT JOHN (hereinafter referred to as "Grantee") WHEREAS Grantor owns and operates a pipeline transportation system within Canada pursuant to the Canadian Energy Regulator Act S.C. 2019, c.28, and its regulations as amended or replaced from time to time (the "Act") and administered by the Canada Energy Regulator; WHEREAS Grantor owns the Lands described in Schedule "A" attached hereto and/or holds one or more rights -of -way for Facilities on such Lands and/or owns Facilities within the said Lands; WHEREAS the Canadian Energy Regulator Pipeline Damage Prevention Regulations — Authorizations, establishes the requirements for authorization of the activities near the pipeline and construction of a Facility across, on, along or under the pipeline, including the placement of a Facility on the pipeline; WHEREAS the Canadian Energy Regulator Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies, defines a set of responsibilities for the pipeline company which are necessary to ensure safety during activities near the pipeline; WHEREAS Grantee has requested and Grantor hereby grants permission to the Grantee to perform certain Work and/or Activities on the Lands, including the Crossing Area, in accordance with the terms and conditions as described herein and in Schedule "A", "B" and "C; AND WHEREAS the Parties wish to define their respective rights, obligations and liabilities with respect to their operations in the Crossing Area. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, mutual covenants and agreements herein contained, the Parties agree that their respective operations in the Crossing Area shall be governed by this Agreement as herein described. 1. DEFINITIONS In this Agreement, including the recitals, the words and terms used shall have the following meanings (a) "Abandoned Pipeline" means a pipeline the operation of which has been abandoned in accordance with an order under subsection 241(1) of the Act and remains in place; (b) "Activities" mean temporary activities conducted by Grantee including without limitation temporary workspace, temporary access and temporary equipment/vehicle crossings; (c) "Agreement" means this Crossing Agreement and the Schedules attached to it including any amendments thereto; (d) "Applicable Laws" has the meaning given to it in Article 9 herein; Application Agreement# LRCE0001-479-1 131 Page 2 of 21 of CA (e) "Claims" has the meaning given to it in section 12.1 herein; (f) "Contaminated Material" has the meaning given to it in Article 10 herein; (g) "Crossing Area" means the area of the Lands outlined on Schedule "A" where Grantee's Facility crosses the Lands and/or where Grantee's Activities are taking place; (h) "Emergency" means an unexpected situation that could endanger life or cause substantial property or environmental damage that requires immediate action; (i) "Excavation" means any activity, mechanical or otherwise, that causes or would cause Ground Disturbance upon the Lands; Q) "Facility" means any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telephone line, telegraph line, telecommunication line, and line for the transmission of electricity or pipe for the transmission of hydrocarbons or any other substance; (k) "Grantee's Facility" means the Facility to be constructed by Grantee upon, over or under the Lands within the Crossing Area; (1) "Grantee Group" means Grantee, its affiliates and subsidiaries and each of their employees, directors, officers, agents, representatives, contractors, subcontractors, suppliers and service providers (including any self-employed persons) at any tier, that performs any portion of the Work and/or Activities on the Lands; (m) "Grantor's Facility" means a pipeline —including all branches, extensions, tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works —that connects at least two provinces or extends beyond the limits of a province, Sable Island or an area referred to in paragraph (c) of the definition designated area in section 368 of the Act and that is used or is to be used for the transmission of oil, gas or any other commodity. It does not however include a sewer or water pipeline that is used or is to be used solely for municipal purposes; (n) "Grantor Indemnified Parties" has the meaning given to it in section 12.2 herein; (o) "Ground Disturbance" means a ground disturbance other than one that: (i) is caused by any activity that is specified in the orders or regulations made in respect of pipelines under section 335 of the Act or made in respect of international or interprovincial power lines under section 275 of the Act; (ii) is, in relation to a pipeline, caused by cultivation to a depth of less than 45 cm below the surface of the ground; or (iii) is, in relation to a pipeline, caused by any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed; (p) "Lands" means the lands described in Schedule "A" attached hereto of which Grantor has an interest as (a) a registered owner, and/or (b) in cases where Grantor is not a registered owner of the Lands, an interest in the Lands including without limitation, by easement agreement, right-of-way agreement or lease agreement between Grantor and the registered owner of the Lands; (q) "Party" means Grantor or Grantee to this Agreement; (r) "Parties" means collectively Grantor and Grantee; Application Agreement# LRCE0001-479-1 132 Page 3 of 21 of CA (s) "Pipe" means a pipe that is part of a pipeline and that is used or is to be used for the transmission of hydrocarbons or any other commodity; (t) "Prescribed Area" has the meaning assigned by section 2 of the Canadian Energy Regulator Pipeline Damage Prevention Regulations — Authorizations as amended or replaced from time to time; (u) "Term" means the term of the Agreement as set out in Article 17 herein; (v) "Work" means any and all work performed by Grantee Group on the Lands, including the Crossing Area, and more particularly described in Schedule "B" attached hereto. 2. METHOD OF INTERPRETATION Unless a term or provision, if acted upon, would result in violation of any code, statute, law, regulation, permit, license, or governmental order, the following shall apply: (a) If any term or provision contained in the body of this Agreement conflicts with a term or provision contained in any Schedule, the term or provision in the Schedule shall prevail. (b) If any terms or provisions of Schedule "A" and Schedule "B" conflict, Schedule "B" shall prevail over Schedule "A". (c) In this Agreement, words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine and vice versa; and words importing persons include firms or corporations and vice versa. (d) Words such as "hereto", "thereto", "hereof', and "herein", when used in this Agreement, shall be construed to refer to provisions of this Agreement. (e) The headings of all sections of this Agreement, including the Schedules, are inserted for convenience of reference only and shall not affect the meaning or construction thereof. 3. SCHEDULES This Agreement including the recitals and the attached Schedules, which, shall form part of the Agreement, shall be terms and conditions agreed to by Grantor and Grantee: Schedule "A" — Details of Crossing Area(s) and Land(s), Location Plan(s) and Location Profile(s) Schedule "B" — Specific Terms and Conditions for Permanent Installations(s) and Temporary Activities Schedule "C" — Forms 4. GRANTOR'S CONSENT & DISCLAIMER (a) Grantor hereby agrees that Grantee may perform the Work and/or Activities on Grantee's Facility in the Crossing Area in accordance with the terms and conditions of this Agreement. (b) Grantee is responsible to verify and confirm any information, including without limitation all technical details and requirements it requires to perform its Work and/or Activities safely, in accordance with Applicable Laws and in accordance with this Agreement. (c) Notwithstanding section 12.3, Grantor shall not be responsible or liable for (i) any errors or omissions in any Grantor information provided to Grantee under section 4 of the Canadian Energy Regulator Pipeline Damages Prevention Regulations - Obligations of Pipeline Companies or otherwise and/or (ii) Grantee's use of or reliance upon such information. Grantee relies on such information entirely at its own risk. For greater certainty, the location and depth of cover of Grantor's Facility must be positively confirmed by Grantee prior to any ground disturbance. Application Agreement# LRCE0001-479-1 133 Page 4 of 21 of CA 5. ADDITIONAL WORK / ACTIVITIES Installation of any Facility or the need for any Activities other than those set out on Schedule "A" shall require a separate crossing agreement. 6. NO LAND RIGHTS This Agreement does not confer on or upon Grantee any rights to or in the Lands. Grantee agrees not to file any caveat, notice, caution or other document whatsoever with any Land Titles or Registry office or to otherwise encumber Grantor's title to the Lands or Grantor's easements registered against the Lands. 7. CONDITIONS APPLICABLE TO GRANTEE'S WORK AND GRANTEE'S FACILITY When Grantee conducts Work and/or Activities in the Crossing Area, the following terms and conditions shall apply: (a) Grantee shall carry out all Work in the Crossing Area in a proper and diligent manner and in accordance with good engineering and construction practices. (b) Grantee shall ensure that the Work and Activities are carried out in accordance with the technical details that are set out in its request for permission that have been accepted by Grantor and in accordance with the Schedule A, B and C. (c) Grantee will at all times provide direct supervision of any contractors, consultants, or other agents performing Work and/or Activities on the Lands, including within the Crossing Area, relating to Grantee's proposed Facility. Grantee shall provide a supervisor to direct all Grantee's Work. (d) Grantee shall ensure that the weight of any equipment crossing over Grantor's Facility will not cause any damage to Grantor's Facility. (e) All approved Activities are set out in Schedule B. Any equipment/vehicle crossings not set out in Schedule "B" will be considered unauthorized activity and where required be reported to the Canada Energy Regulator. (f) The whole of the cost of the Work and/or Activities with respect to Grantee's Facility in the Crossing Area shall be borne by Grantee. Grantor shall not be responsible for any costs or expenses for the Work and/or Activities in respect of Grantee's Facility. (g) Prior to accessing Grantor's Lands, including the Crossing Area, Grantee shall be responsible for obtaining and maintaining, at Grantee's sole cost and expense, all permits, approvals or licenses, as the case may be, under Applicable Laws, required to conduct the Work and/or Activities in respect of Grantee's Facility. Grantee shall also be responsible for obtaining, at its sole cost and expense, all necessary approvals, consents and permits from any other parties with an interest in the Lands. (h) Where applicable, Grantee shall be liable for and responsible to pay all taxes, rates and assessments of every description whatsoever that may be imposed by any lawful authority by reason of the presence of Grantee's Facility in the Crossing Area, or by reason of this Agreement or of anything done by Grantee pursuant to this Agreement. In addition, Grantee shall indemnify Grantor from and against all such taxes, rates and assessments in respect of Grantee's Facility. (i) Grantee is responsible for proper and timely maintenance of its Facilities, including but not limited to integrity and leak checks. Q) Grantee shall do all things that in Grantor's reasonable opinion are necessary to ensure that Grantor's coating, cathodic protection and AC mitigation of Grantor's Facility or any part thereof are not damaged or adversely affected as a result of Grantee's construction, Application Agreement# LRCE0001-479-1 134 Page 5 of 21 of CA operations or subsequent application of cathodic protection by Grantee to Grantee's Facility. (k) In the event that Grantee's construction affects Grantor's existing cathodic protection and AC mitigation test facilities within the Crossing Area, all costs associated with the relocation of the cathodic protection and AC mitigation test facilities shall be borne by Grantee. Relocation of the cathodic protection and AC mitigation test facilities shall be completed by a Grantor approved contractor. (1) Grantee shall comply with the Canadian Energy Regulator Pipeline Damage Prevention Regulations - Authorizations and inform its contractors of their responsibilities regarding any Work and/or Activities subject to this agreement and shall make available at the Crossing Area a copy of the Canadian Energy Regulator Pipeline Damage Prevention Regulations - Authorizations. 8. GRANTOR'S RIGHTS (a) Grantor's representative(s) shall have the authority to stop Work at any time due to safety, environmental or operational concerns and/or unforeseen circumstances or Emergency events. (b) Grantor shall have the right to have a field representative on -site at any time Grantee or its employees, officers, directors, contractors, agents and representatives access or use or perform Work and/or Activities on Grantor's Lands , including within the Crossing Area, to address issues regarding Grantor's Facility or Lands and to ensure compliance with any conditions or provision set out in this Agreement or which Grantor may communicate to Grantee from time to time pertaining to the access and use of Grantor's Lands, including the Crossing Area. Grantee agrees that it shall not commence any Work and/or Activities on Grantor's Lands, including within the Crossing Area, unless and until Grantor's field representative is on -site and has staked and marked Grantor's Facility. (c) Grantor's attendance on -site to ensure compliance with any conditions or provision set out in this Agreement shall not be interpreted as constituting or creating any assignment of Grantee's responsibilities at law or under the Agreement. Grantee remains at all times responsible for its own Work, processes and supervision of its personnel. Further, where Grantee is designated or deemed the prime contractor under applicable occupational health and safety legislation over the worksite where Grantee is conducting its Work, Grantor's on -site attendance or general observation of Grantee's Work and/or Activities, including the reporting by Grantor to Grantee of safety or security concerns, or Grantor's decision to stop Work in accordance with section 8(a) shall not relieve Grantee of its responsibilities and obligations, including Grantee's responsibilities as prime contractor, under applicable occupation health and safety legislation. (d) Grantor's patrols of Grantor's Lands, including the Crossing Area or Grantor's Facility may result in Grantor making observations of Grantee's Work and/or Activities and Grantor will report any security, safety or other concerns to Grantee. Grantee shall promptly remedy such security, safety or other concerns reported to it and report such remedy in writing to Grantor as soon as reasonably practicable. (e) Grantor reserves the right to charge Grantee for any utility costs incurred by Grantor for the provision of utility services to Grantee's Facilities, which charges Grantee shall pay within thirty (30) days. Grantee may, at Grantor's option and at Grantee's sole cost, be required to install its own utility metering device(s). (f) Where cathodic protection monitoring is required by Grantor as a result of Grantee's proposed installation, Grantor shall design, install and thereafter maintain a cathodic protection test station for Grantor's Facility in the Crossing Area. Grantee shall reimburse Grantor for all reasonable costs incurred by Grantor in respect of the design and installation of such cathodic protection test station. Application Agreement# LRCE0001-479-1 135 Page 6 of 21 of CA (g) The costs associated with: i. marking the horizontal location of Grantor's Facility; and ii. identifying Grantor's Facility; shall be borne by Grantor. (h) The supervision or monitoring of Work and/or Activities in the Crossing Area by Grantor shall not be charged to Grantee for short term Work and/or Activities completed within three working days. However, if Grantee's Work and/or Activities extends past three working days, such costs shall be charged to Grantee. (i) The Grantor reserves the right, in its sole discretion, to demolish and remove all, or a portion of, the Grantee's Facility from the Crossing Area in the event the Grantor determines, in its sole discretion, removal of all, or a portion, of the Grantee's Facility is required for the Grantor to exercise its easement rights (granted under the Easement Agreement) for the purpose of entering on, over, under and through the Lands to excavate, construct, lay down, install, operate, maintain, inspect, patrol, alter, repair, remove, replace or reconstruct the Grantor's Facility. The Grantee acknowledges and agrees that should the Grantor remove all, or a portion, of the Grantee's Facility from the Crossing Area, all costs and expenses associated with such demolition and removal shall be borne solely by the Grantee. The Grantee acknowledges and agrees that the Grantor shall have no obligation to repair or replace, or arrange for the repair or replacement, of the Grantee's Facility, nor shall the Grantor have any obligation to pay for or to reimburse the Grantee for any costs or expenses the Grantee incurs to repair or replace the Grantee's Facility and all such repair or replacement costs and expenses shall be borne solely by the Grantee. The Grantee acknowledges that replacement of the Grantee's Facility will require a new crossing application to be submitted to the Grantor for review. 9. COMPLIANCE WITH LAWS Grantee and Grantor shall at all times comply with any and all applicable laws, codes, statutes, regulations, permits, licenses, orders and directives (collectively "Applicable Laws") of any governmental authority having jurisdiction including without limitation the Canadian Energy Regulator Act and its regulations including without limitation the Canadian Energy Regulator Pipeline Damage Prevention Regulations - Authorizations and the Canadian Energy Regulator Pipeline Damage Prevention Regulations - Obligations of Pipeline Companies as amended or replaced from time to time. And without limiting the generality of the foregoing, Grantee shall be subject to the obligations of both an Excavator and a Facility owner pursuant to the Canadian Energy Regulator Pipeline Damage Prevention Regulations - Authorizations. The minimum technical standards Grantee is required to comply with under Applicable Laws shall apply to Grantee's Work unless more stringent standards are provided for in this Agreement or are imposed under the Canadian Energy Regulator Act or other authority having jurisdiction over part, parts or the whole of Grantor pipeline system. If compliance with any provision of this Agreement would result in violation of any Applicable Laws, the Applicable Laws shall prevail and this Agreement shall be deemed to be amended accordingly. f =1ill \VAI:t97ill 1►yil=1ill kIf_1 We] 11lefilIIs] ill 6 Notwithstanding anything contained within the Agreement, if at any time during the Work, Grantee Group suspects, encounters or causes, on the Lands, including the Crossing Area, any contaminant, pollutant, waste, hazardous material, toxic substances, radioactive substances, petroleum or its derivatives, by- products or other hydrocarbons, dangerous substance or dangerous goods all as defined or identified in or pursuant to any Applicable Laws ("Contaminated Material"), Grantee shall, at its sole cost and expense: (a) Promptly notify Grantor of the suspected Contaminated Material; (b) Where Grantee Group's Work causes, contributes or is attributable to the Contaminated Material, Grantee shall: Application Agreement# LRCE0001-479-1 136 Page 7 of 21 of CA (i) Excavate any suspected Contaminated Material to the extent reasonably required to complete the Work and stockpile such Contaminated Material on a bermed impermeable liner or contain it in a containment bin suitable for holding Contaminated Material; (ii) Cause samples of the Contaminated Material to be taken of any stockpiled soils, the walls and base of the excavation and analyzed by a qualified testing laboratory and provide a copy of the results of each sample tested, including all associated data from each sample tested, to Grantor; (iii) Remove and dispose of the Contaminated Material at an approved facility in accordance with Applicable Laws and backfill impacted areas with clean soil provided such removal of Contaminated Material does not adversely impact Grantor's Facility. Grantor shall determine in its sole discretion if removal of Contaminated Material by Grantee may adversely impact Grantor's Facility; (iv) Be liable for any Contaminated Material attributable to Grantee or Grantee Group while accessing or making use of Grantor's property, including the Crossing Area, or pertaining to Grantee's Work and/or Activities and Grantee agrees to indemnify Grantor for any costs, claims, losses or damages Grantor incurs or suffers or becomes liable for arising from such Contaminated Material; and (v) Be responsible and liable for notifications and follow-up actions under the applicable environmental legislation, regulations and/or codes, pertaining to its access, use and Work and/or Activities on Grantor's Lands, including the Crossing Area. (c) In the case of pre-existing Contaminated Material not caused or contributed to by Grantee or Grantee Group, Grantee shall remove and dispose of such pre-existing Contaminated Material, in accordance with Applicable Laws, it has or will excavate to the extent reasonably required to perform the Work and shall backfill the impacted/excavation area with clean soil. (d) For greater certainty, costs and expenses contemplated in this section 10 shall include such costs and expenses associated with the excavation, handling, containment, storage, treatment, testing, removal, transport and disposal of the Contaminated Material. (e) Grantee Group shall not, without the express written permission of Grantor, spread any fill material, including without limitation, soil or slurry from the hydrovac unit or otherwise, over the Lands, including the Crossing Area, or remove soils from Grantor's Lands, including the Crossing Area. Such permission may be denied by Grantor at its sole discretion. 11. EMERGENCY EVENTS If Work and/or Activities are required in an Emergency by either party, that party shall commence the necessary Work and/or Activities and shall forthwith give the other party's representative verbal notice of the Emergency and necessary Work and/or Activities, and shall forthwith give written notice pursuant to section 18. If at any time while Grantee is conducting its Work and/or Activities, physical contact is made with any of Grantor's Facilities, Grantee must immediately: (a) Stop Work; and (b) Notify Grantor's Field Representative. Application Agreement# LRCE0001-479-1 137 Page 8 of 21 of CA 12. LIABILITY AND INDEMNITY 12.1 Grantee acknowledges that Grantor makes no representations or warranties in respect of the condition of the Lands, including the Crossing Area. Grantee Group shall access and use Lands, including the Crossing Area, pursuant to this Agreement entirely at Grantee Group's own risk. Grantor shall not be responsible for or liable to Grantee for any defects, deficiencies or otherwise in, on, under, over or upon the Lands, nor shall Grantor be responsible for or liable to Grantee for any delays or other adverse impacts suffered by Grantee as a result of such defects, deficiencies or otherwise in, on, under over or upon the Lands. Grantee agrees that Grantor and its affiliates, subsidiaries, successors and assigns and each of their respective directors, officers, employees, contractors and agents (collectively the "Grantor Indemnified Parties") shall not be liable for any losses, costs, expenses, demands, fines, penalties, damages, actions and/or causes of actions (collectively "Claims") whatsoever suffered by Grantee Group, or other party, resulting from or arising out of Grantee Group's access or use of the Lands, including the Crossing Area. 12.2 Grantee shall be liable to, indemnify and hold harmless Grantor and its affiliates, subsidiaries, successors and assigns and each of their respective directors, officers, employees, contractors and agents (collectively the "Grantor Indemnified Parties") for any Claims suffered or incurred by any of Grantor Indemnified Parties caused by or arising out of Grantee Group's acts or omissions in respect of Grantee Group's Work and/or Activities, use of the Crossing Area or arising from Grantee's breach of this Agreement, except if such Claims are caused by the negligence or willful misconduct of Grantor. 12.3 Subject to section 12.1, and section 4(c), Grantor shall be liable to, indemnify and hold harmless Grantee for any Claims suffered or incurred by Grantee caused by or arising out of Grantor's acts or omissions in respect of Grantor's use of the Crossing Area or arising from the Grantor's breach of this Agreement, except if such Claims are caused by the negligence or willful misconduct of any of Grantee Group. 12.4 Notwithstanding anything contained herein, under no circumstances and in no event shall either Grantor or Grantee be liable to the other in contract, tort (including negligence or breach of statutory duty) or otherwise, whether foreseeable or not, and whatever the cause thereof, for any indirect, punitive, incidental, exemplary or consequential losses or damages, arising out of or related to the terms of this Agreement, nor for damages for loss of profits, loss of opportunity, loss of business, contracts, revenues, anticipated savings, use, opportunity, goodwill or capital. 12.5 This Article 12 shall survive the termination of this Agreement. 13. REQUIRED GRANTEE INSURANCE 13.1 At all times during the Term of the Agreement (and for so long thereafter as a Claim related to this Agreement is possible under applicable statutes of limitations) Grantee shall maintain at its own expense, the insurance coverage outlined below, in each case with insurers having financial security ratings of at least "A-" by AM Best or "A" by Standard & Poor's and which are authorized to do business in all jurisdictions where the Work is being performed. (a) Commercial General Liability coverage with a limit of five million dollars ($5,000,000) each occurrence for bodily injury and property damage arising out of or relating to Grantee's activities under this Agreement. The policy shall include coverage for personal and advertising injury, contractual liability addressing indemnification under this Agreement, cross liability, severability of interests, products and completed operations, limited time element pollution, contingent employer's liability and as applicable, shall provide coverage for explosion, collapse, and underground hazards ("XCU"). (b) Commercial Auto Liability covering all vehicles used by Grantee in connection with this Agreement with a combined single limit of two million dollars ($2,000,000) for injury or Application Agreement# LRCE0001-479-1 138 Page 9 of 21 of CA death of one or more persons or damage to or destruction of property as a result of each accident. (c) Umbrella or Excess Liability coverage with a limit of two million dollars ($2,000,000) per occurrence excess of required insurance in section 13.1 (a) and (b) on a "follow form" basis with coverage at least as broad as the underlying policy terms and conditions. (d) As applicable, All Risk Property Damage insurance on a replacement cost basis covering loss of or damage to property owned or leased, or in the care custody and control by Grantee or for which Grantee has otherwise assumed responsibility for loss or damage under the terms of this Agreement. (e) As applicable, any other insurance required by law or as Grantor may, in its discretion, determine to be necessary. 13.2 Insurance Limits. Subject to the total required amount of insurance for each individual insurance coverage requirement herein, the amounts of insurance specified in the foregoing sections may be satisfied through a combination of primary and excess insurance limits. 13.3 Additional Insured, Subrogation Waiver, Policies as Primary. Grantee shall ensure that each insurance carrier providing coverage hereunder provides (in each case arranged to provide the maximum benefit to Grantor), the following: (i) With exception of section 13.1 (b), and (d) inclusion of Grantor as additional insured in insurance policies under this Article 13. (ii) Waiver of insurers' rights of recovery, contribution, subrogation, set-off or counterclaim, in favour of Grantor, in all policies of insurance under this Article 13 and including all applicable third party liability policies, property insurance policies and marine insurance policies, arising out of or related in any way to this Agreement. (iii) That coverage, in all of Grantee's insurance policies (whether such policies are primary, umbrella or excess) under this Article 13 or arising out of or related to this Agreement in any way, shall be written to respond on a primary and non- contributory basis irrespective of any other applicable insurance otherwise available to Grantor under this Agreement. 13.4 Notice of Cancellation. Insurance maintained by Grantee shall not be canceled without thirty (30) days prior written notice being furnished to Grantor. 13.5 Evidence of Insurance. Upon request of Grantor, Grantee shall provide to Grantor (or Grantor's designated representative) Certificate(s) of Insurance on standard forms regularly accepted in the industry certifying Grantee's compliance with this Article 13 and specifically identifying coverage extensions and endorsements required herein. In the event of a reduction in Grantee insurance limits during the Term which may otherwise reduce the limits of insurance required to comply with this Article 13, Grantee shall promptly provide Grantor with notice of same, and immediately thereafter secure such additional insurance as is required to comply with the terms of this Article13. Grantor's (or Grantor's representative's) acceptance of certificates or correspondence associated thereto does not constitute a waiver, release or modification of the requirements under this Article 13. "Certificate Holder" shall be in the name of Grantor. 13.6 Failure to Maintain. In the event Grantee fails to comply with insurance requirements under this Article 13, such failure shall constitute cause for immediate termination of this Agreement by Grantor in addition to any other rights available to Grantor at law or in equity. At its sole discretion, Grantor may, but shall not be obligated to, obtain such insurance for Grantor's sole benefit as Grantor deems necessary to address any failure on the part of Grantee to obtain the insurance Application Agreement# LRCE0001-479-1 139 Page 10 of 21 of CA required pursuant to this Article 13. Any cost thereof shall be payable by Grantee to Grantor on demand and Grantor may, at its election, deduct the cost thereof or set-off from any monies which are due or may become due to Grantee. No liability shall attach to Grantor for any decision on the part of Grantor to forego the purchase of additional insurance under this section 13.6, nor does Grantor's decision not to purchase additional insurance pursuant to this section 13.6 constitute a waiver, release or modification of the requirements under this Article 13, or constitute a statement by Grantor that Grantee's insurance coverage at any time during the Term hereof is in compliance with the requirements under this Article 13. 13.7 Contractors. Grantee shall make commercially reasonable efforts to require all its contractors to provide insurance coverage in accordance with this Article 13. Grantee shall ensure that all insurance maintained by its contractors providing the Work include a waiver of insurers' rights of recovery, contribution, subrogation, set-off or counterclaim in favor of Grantor. The failure of any contractor to obtain and maintain the required insurance shall not in any way impact the obligations of Grantee under this Agreement. 13.8 Insurance Costs. Grantor will not be responsible for any premiums, surcharges, supplemental calls, penalty payments, deductibles, self -insured retentions, self-insurance or any other costs for the insurance provided by or on behalf of Grantee in accordance with this Article 13. 13.9 Compliance with Applicable Laws. If it is judicially determined that the monetary limits of the insurance required herein do not conform with applicable law, it is agreed that Grantee shall take whatever steps are necessary, at its own expense, to ensure said insurance shall conform to the greater of the minimum monetary limits and other provisions in such law, or the limits specified herein. 13.10 Effect on Indemnity Obligations. Except as required by applicable law, Grantee's compliance with the obligations under this Article 13 shall in no way limit or replace the indemnity and other obligations of Grantee contained elsewhere in this Agreement. 13.11 Indemnities to Be Supported By Insurance. To the fullest extent required by certain applicable law and not prohibited by other applicable law, Grantee agrees to obtain and maintain, for the benefit of Grantor, as indemnitee, types and amounts of insurance coverage at least equal to the insurance requirements set forth in this Article 13, in each case to cover the entire scope of the release, indemnity, defense, and hold harmless obligations assumed in Article12. All insurance required under this Article 13 is in support of Grantee's respective release, indemnity, defense, and hold harmless obligations in addition to, and independent of, any other insurance requirements contained in this Agreement. 14. WORKERS COMPENSATION Grantee shall carry, and shall require its contractors carry, workers' compensation insurance covering all employees engaged in the performance of Grantee's Work and/or Activities taking place on Grantor's Lands, including the Crossing Area, to the limits required by the laws of the jurisdiction where the Work and/or Activities are occurring. 15. REMEDY ON DEFAULT Without in any way limiting the liability of Grantee hereunder and without overriding, limiting or abating Grantee's indemnity obligations hereunder, in the case of default by Grantee in carrying out any of the provisions of this Agreement, Grantor may give notice thereof to Grantee. If Grantee fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Grantor may take such steps as are appropriate to remedy such default and Grantee shall be liable for and shall pay all reasonable costs and expenses incurred by Grantor in remedying the default. Such costs and expenses shall be payable by Grantee within 30 days of receipt of Grantor's invoice. Application Agreement# LRCE0001-479-1 140 Page 11 of 21 of CA 16. DAMAGES Without in any way limiting the liability of Grantee hereunder and without overriding, limiting or abating Grantee's indemnity obligations hereunder, the cost and expense to repair any damages to Grantor's Facility resulting from Grantee's Work and/or Activities shall be Grantee's sole responsibility and Grantee shall be responsible to pay to Grantor all costs and expenses Grantor incurs to repair such damage to Grantor's Facility. Such costs and expenses shall be payable by Grantee within 30 days of receipt of Grantor's invoice(s). Any damages to the Lands, including the Crossing Area, resulting from Grantee's Work and/or Activities shall be promptly repaired by Grantee at its sole cost and expense to the satisfaction of Grantor, acting reasonably. If Grantee fails to repair any such damage promptly and with dispatch, Grantor may make or cause to be made the necessary repairs and the entire costs thereof shall be charged to and paid by Grantee. Such costs and expenses shall be payable by Grantee within 30 days of receipt of Grantor's invoice(s). 17. TERM, TERMINATION AND ABANDONMENT Term and Termination 17.1 The Term of this Agreement shall commence on the Effective Date. The rights and obligations of the Parties under this Agreement shall terminate as follows: (a) For Permanent Installation(s): Two (2) years from the Effective Date if construction of Grantee's Facility has not commenced; (b) For Temporary Activities: upon the Expiration Date as set out in the respective temporary activities table within Schedule "B"; or (c) Upon the abandonment of all Grantor's Facilities or Grantee's Facilities from the Crossing Area in accordance with the Act and the completion of any remediation/reclamation work required by Applicable Laws and under this Agreement, except for those obligations and liabilities incurred prior to the termination of this Agreement and/or those that survive the termination of this Agreement. Abandonment of Grantee's Facility 17.2 Upon Grantee's termination of this Agreement pursuant to section 17.1(c), where Grantor is a registered owner of the Lands, Grantor may in its sole discretion require Grantee, at Grantee's own cost and expense, to remove Grantee's Facility from the Lands, including the Crossing Area, and return the Crossing Area to a condition as close as reasonably practical to the condition in which it existed immediately prior to the Work performed by Grantee under the Agreement. 17.3 Grantee agrees that it will provide Grantor with written notice of its Abandoned Pipeline/abandoned Facility. 18. NOTICES Notices shall be in writing and shall be sent to the Parties at the addresses for notice set out in Schedule B. Notices shall be governed as follows: (a) Either party may from time to time change its address for service by giving notice to the other party. (b) Unless otherwise indicated in this Agreement, all notices authorized or required to be given hereunder or made necessary by the terms hereof shall be in writing and may be delivered by hand, courier or registered mail, or sent by electronic mail. If delivered by hand, courier or registered mail, the notice shall be deemed to have been received on the day on which it was delivered, or if delivered after regular business hours, it shall be deemed to have Application Agreement# LRCE0001-479-1 141 Page 12 of 21 of CA been received on the following business day. If sent by electronic mail, the notice shall be deemed to have been received on the business day following the day it was sent. (c) No notice shall be effective if mailed during any period in which Canadian postal workers are on strike or if a strike of postal workers is imminent and may be anticipated to affect normal delivery thereof. (d) Notwithstanding the foregoing, to the extent described in this Agreement, Grantor's and Grantee's representatives or designated alternates shall have the right and authority to make, give or receive any notice, information, direction or decision required in conducting Work and/or Activities hereunder. 19. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the Province in which the Facility is located and the laws of Canada applicable therein. 20. ASSIGNMENT Grantee shall not assign or transfer, in whole or in part, this Agreement or the rights and obligations granted hereunder without first obtaining the written consent of Grantor and such consent shall not be unreasonably withheld. Should Grantor grant its consent to Grantee to assign this Agreement, Grantor may require Grantee and the assignee to execute an assignment and assumption agreement, novation agreement or other such appropriate form of agreement as applicable. Together with any request for such consent, Grantee shall provide Grantor with the assignee's written confirmation that the assignee has read and understands the terms and conditions of this Agreement and agrees to be bound by them. 21. ENUREMENT This Agreement shall enure to the benefit of and be binding upon the Parties, their successors and permitted assigns. 22. TIME IS OF THE ESSENCE Time shall be of the essence in respect of this Agreement. 23. WAIVER No waiver of any breach of a covenant or provision of this Agreement shall take effect or be binding upon a Party unless it is expressed in writing. A waiver by a party of any breach shall not limit or affect that party's rights with respect to any other or future breach. 24. ENTIRE AGREEMENT This Agreement sets forth the entire agreement between the Parties hereto and shall be deemed to have superseded any and all previous agreements and understandings, whether written or oral, between the Parties pertaining to Grantee's crossing contemplated herein including Grantee's Work and/or Activities. Notwithstanding anything contained herein, this Agreement shall not limit, replace or supersede the easement agreement, including the Grantor's rights thereunder (the "Easement Agreement"), the Lands are subject to, between the Grantor and the owner of the Lands. No change, modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the authorized representative(s) of the Parties hereto. Application Agreement# LRCE0001-479-1 142 Page 13 of 21 of CA 25. EXECUTION / DELIVERY OF AGREEMENT This Agreement may be executed in any number of counterparts, and may be delivered originally or by Portable Document Format ("PDF") and each such original, or PDF copy, when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. 26. SEVERABILITY Any term or condition herein which is held to be void, null, invalid, illegal or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall not invalidate or affect any of the remaining terms or conditions of this Agreement. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be duly executed. MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. CITY OF SAINT JOHN Per: Laura Rotzien Crossings Analyst Per: Application Agreement# LRCE0001-479-1 143 Page 14 of 21 of CA SCHEDULE"A" DETAILS OF CROSSING AREA(S) AND LAND(S), LOCATION PLAN(S) AND LOCATION PROFILE(S) This Schedule "A" forms part of the Crossing Agreement ("the Agreement") dated the 22nd day of April, 2022; BETWEEN: MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. (hereinafter referred to as "Grantor") -and- CITY OF SAINT JOHN (hereinafter referred to as "Grantee") The following drawing(s) are part of this Schedule "A" to the Agreement: Stamped Schedule "A" drawing(s) as indicated in the below table and affixed to this Agreement. A Date I Other Drawing 222825.00 CO2/ Rev #1/Mar 08/22/Sheet 2 of 7 ANC1, ANC2, ANC3, ANC4, ANC5, ANC6, ANC7 Reference Number Al Drawing 222825.00 CO3/ Rev #1/Mar 08/22/Sheet 3 of 7 ANC5, ANC6, ANC7 A2 Drawing 222825.00 C06/ Rev #1/Mar 08/22/Sheet 6 of 7 ANC8, ANC9, ANC10 A3 Drawing SKG1/ Rev B/Mar 08/22/Sheet 1 of 1 ANC1, ANC2, ANC3, ANC4, ANC1 1, ANC12 A4 Drawing 222825.00 C01/ Rev #1/Mar 08/22/Sheet 1 of 7 W1 A5 Drawing 222825.00 C04/ Rev #1/Mar 08/22/Sheet 4 of 7 N/A A6 Drawing 222825.00 C05 / Rev #1/Mar 08/22/Sheet 5 of 7 N/A A7 Drawing 222825.00 C07/ Rev #1/Mar 08/22/Sheet 7 of 7 N/A A8 Drawing 222825.00/ Cover Sheet/ March 08, 2022 N/A A9 Application form N/A A10, A11, Al2 Letter from applicant N/A A13, A14, A15, A16, A17 Application Agreement# LRCE0001-479-1 144 Page 15 of 21 of CA � � s° s a; �€� �L9� 4� �Oo� \®m®� Ob°baAl`,- az a e8;�a"am ,� C%4 p♦ �,o Jaa o ix y P; ijgjjj�, I S?: u . >u o, <o t o� M5 P go o le el < u z z z t.9 RM, o w x o V O +1 +1 +1 +1 to v co t- w 0 C14 Cl) Ci V 't V 0 (D to to to a0) 0) 0) 0) +1 +1 +1 L) 0 0) (D N w > 0) 0 0 N co co IL :t 0 0 c to' < 0) 0) 0) 0) 0) 0) 0) CL CL CL CL 0. 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City of Saint John Other: CER Grantee Address for Service: 15 Market Square Saint John NB E21- 4L1 Grantor/Enbridge Entity MEDUIE "A" (Page 10 of 17 ) Is Schedule "A" to form Part of the ossing Agreement/Addendum dated APPROVED CROSSING Crossings Analyst Choose an item. Other: MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. Application by Broker/Land Consultant Yes ❑ No Contact Person Name: Barb Crawford File Number: insert Broker/Land Consultant Address: insert Broker/Land Consultant Name: insert Contact Person Phone Number: 506-639-7502 Expected construction start and end date(s): May 2022 to June 2022 Permanent Installation ® Temporary Activities Crossing ® Workspace Drainage Tile ❑ Equipment Crossing Pole/Pile Installation ❑ Access of ROW ❑ Other ® Please see attached letter and drawings. Geophysical ❑ Road Use ❑ Proximity ❑ Other ❑ insert Location indicator including affected legal land description(s), PIN and GPS Coordinates (Longitude and Latitude in Decimal Degree): PID 55151351 - Saint John Port Authority Crossing # 1 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point # 1, 45.27492476,-66.067871 19 Crossing Point #2, 45.27497365,-66.06775047 PID 55151351 - Saint John Port Authority Crossing #2 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point #3, 45.27501 153,-66.06760964 Crossing Point #4, 45.27501574,-66.067521 13 PID 55151351 - Saint John Port Authority Crossing #3 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point #5, 45.27510584,-66.06713266 *Refer to Application Guidance Details v1.1 Page 1 LRCE0001-479-1 4N$RIDGE' THIRD PARTY CROSSING APPLICATION FORM Word document: Press F11 to advance to next form field Crossing Point #6, 45.27513352,-66.06708277 PID 55151351 - Saint John Port Authority Crossing #4 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point #7, 45.27520751,-66.06694766 PID 55100986 - Transportation and Infrastructure Crossing #4 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point #8, 45.27536291,-66.06666208 City of Saint John Right of Way CB# 1 (as shown on "Memorial Cup Ball hockey Rink - GAS -Rev B.pdf) Crossing Point #9, 45.27514666,-66.06687207 Crossing Point # 10, 45.27516940,-66.06685075 Grantor's Affected Disposition(s) (Alberta) (i.e. PLA # or License # or Line #): insert Grantee's Field Contact Information: On behalf of the 2022 Memorial Cup Host Committee Name: Brian Moreau, P.Eng. CBCL Phone: 506-333-3653 Email: brianm@cbcl.ca On behalf of the City of Saint John Name: Barb Crawford, P.Eng. Phone: 506-639-7502 Email: barb.crawford@saintjohn.ca SCHEDULE "A" (Page 11 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst *Refer to Application Guidance Details v1.1 Page 2 `P191 LRCE0001-479-1 4N$RIDGE' THIRD PARTY CROSSING APPLICATION FORM Word document: Press F11 to advance to next form field Details of Grantee's Proposed Permanent Installation and/or Purpose of Temporary Activities Please see attached letter and drawing set. Crossing locations are circled in RED. A 3-season ball hockey rink is proposed to be installed over a group of properties at the intersection of Smythe Street and Station Street in Saint John. Maritimes & Northeast Pipeline operates a natural gas pipeline through the properties noted above and has a registered easement through the property. The sole purpose of the proposed rink is to be used for ball hockey only, and it will not be used as an ice hockey rink. Method of Installation* (For permanent installations) Open Cut ® HDB ❑ HDD❑ Drawing(s) Attached Yes ® No ❑ Drawing Requirements Met Yes ® No ❑ Equipment Specification and Data Sheet Attached Yes ® No ❑ N/A ❑ Notes/Additional Information: insert SCHEDULE "A" (Page 12 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst Equipment Specifications are based on the likely equipment to be used for the work. Specifics can be provided once project is awarded. SUBMIT T LIQUIDS PIPELINES WESTERN CANADA (Alberta, Saskatchewan, Manitoba and Norman Wells) Department: Lands & ROW Address: 330, 10180 — 101 Street Edmonton AB T5J 3S4 Email: crossin LIQUIDS PIPELINES EASTERN CANADA (Ontario and Quebec Department: Lands & ROW Address: 1st Floor, 1086 Modeland Road, Bldg 1050 Sarnia ON N7S 61-2 e.com Email: est.re com *Refer to Application Guidance Details v1.1 Page 3 `&V LRCE0001-479-1 SCHEDULE "A" (Page 13 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst March 9, 2022 Maritimes Crossings 200, 425 1 st Street S.W. Calgary, Alberta T2P 3L8 Re: 2022 Memorial Cup Memorial Cup Legacy Project Good day, Saint John, New Brunswick is proud to host the 2022 Memorial Cup in June of this year. The 2022 Memorial Cup Host Committee is leaving a legacy to the City of Saint John. A 3-season ball hockey rink is proposed to be installed over a group of properties at the intersection of Smythe Street and Station Street in Saint John. The proposed rink will sit on 3 properties (the properties); • PID 55209746 - City of Saint John • PID 55151351 - Saint John Port Authority • PID 55100986 -Transportation and Infrastructure Maritimes & Northeast Pipeline operates a natural gas pipeline through the properties noted above and has a registered easement through the properties. The intent of this letter application is to satisfy the Enbridge Pipeline Crossing Guidelines and to request permission for a permanent installation within the prescribed area as well as to permit temporary activities within the controlled area. Please see the attached drawing set for the proposed ball hockey rink footprint and associated work. SAINT JOH N `WFA LRCE0001-479-1 SCHEDULE "A" (Page 14 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst Permanent Installation Please see the attached drawing set for the proposed permanent installations within the controlled area. The following items are detailed on the drawing for review: • Fence installation. • Catch Basin installations (x2) plus associated underground storm piping. • Watermain valve relocation plus associated underground watermain piping. • Roadway realignment including asphalt, concrete curb and sidewalk installation. • Concrete pad for ball hockey rink. • Demountable "Athletica Sport System" ball hockey rink. • Resurfacing of existing parking lot. At no time during construction activities is the natural gas pipeline expected to be encountered, exposed, or undermined. All proposed work directly over the Natural gas pipeline meets or exceeds the required minimum clearance. Catch basins and gate valve excavations are a minimum of 8.Om away from the natural gas pipeline. It is proposed that the natural gas pipeline be located in the field using a hydro excavation method under the supervision of your staff. Please note that the site is currently a mix of asphalt parking lot, curbed islands, and Saint John Port Authority roadway access. The proposed use and permanent installations exist in the current state save for the ball hockey rink installation and material change from asphalt surface to concrete surface. Immediately adjacent to the proposed site is a similar use - a reinforced concrete skate park overtop the Maritimes & Northeast Pipeline. SAINT JOH N `N11:3 LRCE0001-479-1 SCHEDULE "A" (Page 15 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst The proposed method of installation for the structures, pipe and valves is open cut. Please see Table 1 below for an outline of Minimum Clearance details for the open cut method of installation. The vertical distances in the table below, are based off the assumption the Natural Gas Line has 1.2m cover. As detailed in the updated construction drawings, the as -built information provided by Enbridge has been updated. The pipeline is in fact 1.76m to 1.86m below the proposed works. Accordingly, the actual clearance between the proposed work meets or exceeds the required minimum clearance noted in your guidelines. All distances in the table below are dimensioned from the top of pipe. The actual depth of the gas pipeline noted on the provided as built drawings can be confirmed through hydro excavation, noted above. Table 1 - Summary of Minimum Clearances for OPEN CUT Permanent Installation Required Minimum Actual Clearance Description Clearance Fence Installation 0.3m ABOVE 7.Om HORIZONTAL 0.6m BELOW Catch Basin #1 installation + 0.3m ABOVE 8.Om HORIZONTAL piping 0.6m BELOW 0.6m ABOVE Catch Basin #2 removal, 0.3m ABOVE 14.2m HORIZONTAL relocation + piping 0.6m BELOW 0.6m ABOVE Watermain Valve Box 0.3m ABOVE 10.4m HORIZONTAL Removal 0.6m BELOW 0.6m ABOVE Watermain Valve 0.3m ABOVE 1 O.Om HORIZONTAL Relocation 0.6m BELOW 0.6m ABOVE Roadway Realignment - 0.9m Bottom of ditch to top 1.1 Om to top of Asphalt of Enbridge Facility Enbridge Facility 1.2m from Roadway Centreline to top of Enbridge Facility Roadway Realignment - 0.9m Bottom of ditch to top 0.83m to top of Concrete Curb + Sidewalk of Enbridge Facility Enbridge Facility 1.2m from Roadway Centreline to top of Enbridge Facility SAINT JOH N `N6:7 LRCE0001-479-1 SCHEDULE "A" (Page 16 of 17 ) This Schedule "A" to form Part of the Crossing Agreement/Addendum dated April 22, 2022 APPROVED CROSSING By: Crossings Analyst Table 1 - Summary of Minimum Clearances for OPEN CUT con'd Permanent Installation Required Minimum Actual Clearance Description Clearance Rink - Concrete Pad 0.9m Bottom of ditch to top 0.9m to top of of Enbridge Facility Enbridge Facility 1.2m from Roadway Centreline to top of Enbridge Facility Rink - Demountable 0.9m Bottom of ditch to top 1.20m to top of "Athletica Sport System" of Enbridge Facility Enbridge Facility at ball hockey rink 1.2m from Roadway Crossing Location Centreline to top of Enbridge Facility Facility specifications are detailed on the attached drawings. The Equipment Specification and Data Sheets are attached. Temporary Activities The proposed 3-season ball hockey rink will be removed each fall and reinstalled each spring. The rink boards will be stored at TD Station (adjacent to the property) and delivered to the properties annually. The sole purpose of the rink is to be used for ball hockey only, and it will not be used as an ice hockey rink. Please see attached Equipment Specification and Data Sheets as it relates to annual installation. Written Consent As noted above, please accept this letter and enclosures as application for written consent for the proposed installation and temporary activities within the existing prescribed and controlled areas. With the Memorial Cup scheduled for June 20th to June 29th, we have a tight timeline to get the work completed. We appreciate your attention to the review of the proposal. SAINT JOH N `Ris] LRCE0001-479-1 CHEDUIE "A" (Page 17 of 17 ) its Schedule "A" to form Part of the rossing Agreement/Addendum dated pril 22, 2022 APPROVED CROSSING Yours truly, B -b Crawford, P.Eng. Municipal Engineer, Growth & Community Services City of Saint John On behalf of the 2022 Memorial Cup Saint John Host Committee Inc. Enclosures CC: Mark -Anthony Ashfield, Chair, 2022 Memorial Cup Saint John Host Committee Inc. CC: Brent McGovern, Commissioner, Utilities & Infrastructure Services, City of Saint John CC: Ian Fogan, Director of Transit & Fleet, City of Saint John CC: Brian Moreau, CBCL SAINT JOHN SCHEDULE"B" SPECIFIC TERMS AND CONDITIONS FOR PERMANENT INSTALLATIONS and TEMPORARY ACTIVITIES This Schedule "B" forms part of the Crossing Agreement ("the Agreement") dated the 22nd day of April, 2022: BETWEEN: MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. (hereinafter referred to as "Grantor") -and- CITY OF SAINT JOHN (hereinafter referred to as "Grantee") NOTICES In accordance with section 18 of the Agreement, the address for notice of each party hereto is as follows: Courier/Postal Courier/Postal 330, 10180 - 101 Street NW 15 Market Square Edmonton AB T5J 3S4 Saint John, NB E21-4L1 Attention: Lands & ROW Attention: Email: maritimescrossingscanada@enbridge.com Email: 2. GENERAL CONDITIONS The following general conditions apply: (a) Grantee shall provide three (3) working days' notice to Grantor's representative, as follows, prior to the commencement of any ground disturbance within 30 metres of Grantor's Facility. Marc Hynes (780) 838-8408 marc.hynes@enbridge.com GOLD-BRDR/SJLT VS-095 (b) Grantee shall provide notice via www.atlanticdigsafe.ca or call 1-866-344-5463 prior to the commencement of any ground disturbance. (c) Grantor's underground facilities must be positively identified by Grantee, at Grantee's sole cost, to Grantor's satisfaction prior to start of any construction activities. (d) No placement of equipment over Grantor's Facility during installation of Grantee's Facility without prior consent of Grantor, which may be withheld at Grantor's sole discretion. (e) Grantee to conduct a critical lift review prior to lifting material over Grantor's Facility at the request of Grantor's representative. (f) Grantee shall comply with such other rules, regulations and/or additional reasonable terms and conditions if required as may be imposed by Grantor from time to time. Application Agreement# LRCE0001-479-1 162 Page 16 of 21 of CA (g) Grantee shall have available at the Crossing Area a fully executed copy of this Agreement including Schedules to the Agreement. (h) Grantee acknowledges open excavations can present a serious hazard to people, equipment and wildlife. Grantee shall ensure the excavation is clearly marked, blocked or safeguarded accordingly by fence, barricade, guardrail or other effective method. Grantee shall also erect warning signs around the excavation area. (i) Grantee shall comply with and execute the on -site Crossing Report, a sample of which is attached to the Agreement as Schedule "C". Q) Grantee to provide "as -built" plans in the form of a .DWG or .DNG format along with a layer lexicon or dictionary listing the layers and their contents, of any new permanent installation within three months of completion of proposed Work and/or Activities. All as-builts shall be geo-referenced utilizing a projected coordinate system preferably UTM83. 3. CROSSING AREA RESTORATION (a) Grantee shall cover Grantor's Facility with such quality and quantity of backfill material as is specified by Grantor's representative prior to Grantee commencing backfilling operations for all ground disturbance activities including hydrovac. (b) Compaction during backfill shall be conducted with handheld tools only. Any vibratory activity, for the purposes of backfilling, shall only be conducted with handheld equipment (such as walk behind wacker-packer). (c) Grantee shall, as soon as it is reasonably practical after the completion of Grantee's Work in the Crossing Area, restore the surface of the Crossing Area as closely as is practical to the condition in which it existed immediately prior to the Work being commenced. 4. PERMANENT INSTALLATIONS ANCILLARY INSTALLATION OR ABOVE GROUND INSTALLATION (a) Details of installation(s): Crossing Identifier LRCE0001-479-01-ANC1, ANC2, ANC3 Proposed Concrete Sidewalk Installation (1.5m x 158.0m) Concrete Barrier Curb (101.0m) Minimum See attached drawings Clearance to Grantor's Facility (m) Short Legal Land PID's 55161590, 55209746, Description 55100986, 55151351 KP and/or MP ANC1= KP 96.299 to 96.366± ANC2= KP 96.371 to 96.404± ANC3= KP 96.404 to 96.428± Grantor's Line Number(s) GPS Coordinates LRCE0001-479-01-ANC4 Ball Hockey Rink (30.Om x 18.0m) See attached drawings PID's 55161590, 55209746, 55100986, 55151351 _ ANC4= KP 96.407 to KP 96.437± LRCE0001-479-01-ANC5, ANC6 Concrete Walkway (1.50m x 7.5m) See attached drawings PID's 55161590, 55209746, 55100986, 55151351 ANC5= KP 96.426± ANC6= KP 96.436± GOLD-BRDR/SJLT VS-095 GOLD-BRDR/SJLT VS-095 GOLD-BRDR/SJLT VS-095 ANC1 ANC4 ANC5, ANC6 From: Lat.: 45.27492476 From: Lat.: 45.27520751 TBD — Grantee to provide, field Long.:-66.06787119 Long.: -66.06694766 representative must verify To: Lat.:45.27501574 To: Lat.:45.27536291 Long.:-66.06752113 Long.: -66.06666208 Application Agreement# LRCE0001-479-1 163 Page 17 of 21 of CA a•�q, LRCE0001-479-01-ANC1, ANC2, ANC3 ANC2 From: Lat.:45.27510584 Long.:-66.06713266 To: Lat.:45.27513352 Long.:-66.06708277 Crossing Identifier Proposed Installation Minimum Clearance to Grantor's Facility (m) ANC3 TBD — Grantee to provide, field representative must verify LRCE0001-479-01-ANC7 Concrete Slab access/drop-in (3.Om x 3.5m) See attached drawings LRCE0001-479-01-ANC4 LRCE0001-479-01-ANC8 Bleachers See attached drawings LRCE0001-479-01-ANC5, ANC6 LRCE0001-479-01-ANC9, ANC10 Players Benches See attached drawings Short Legal Land PID's 55161590, 55209746, PID's 55161590, 55209746, PID's 55161590, 55209746, Description _ 55100986, 55151351 55100986, 55151351 55100986, 55151351 KP and/or MP ANC7= KP 96.432± ANC8= KP 96.406± ANC9= KP 96.426± ANC10= KP 96.436± Grantor's Line GOLD-BRDR/SJLT VS-095 GOLD-BRDR/SJLT VS-095 GOLD-BRDR/SJLT VS-095 Number(s) GPS Coordinates ANC7 ANC8 ANC9, ANC10 TBD — Grantee to provide, field TBD — Grantee to provide, TBD — Grantee to provide, representative must Verify field representative must verify field representative must verify Crossing Identifier LRCE0001-479-01-ANC11, ANC12 Proposed Resurface Asphalt Parking Lot Installation (Irregular) Minimum See attached drawings Clearance to Grantor's Facility (m) Short Legal Land PID's 55161590, 55209746, Description 55100986, 55151351 KP and/or MP ANC11= KP 96.345 to 96.356± ANC12= KP 96.377± Grantor's Lines GOLD-BRDR/SJLT VS-095 Number(s) GPS Coordinates ANC11, ANC12 TBD — Grantee to provide, field representative must verify (b) Grantee's above ground installation shall not interfere, impede or restrict Grantor's access to the Lands, Grantor's access to Grantor's Facility, or the operation of Grantor's Facility. (c) If requested by Grantor, Grantee's above ground installation shall be removed at any time to: (i) accommodate Grantor's work; (ii) address an emergency situation; (iii) prevent damage to Grantor's Facilities; or (iv) comply with Applicable Laws. Application Agreement# LRCE0001-479-1 164 Page 18 of 21 of CA Grantee shall comply with Grantor's request to remove the above ground installation within five (5) business days after receipt of Grantor's request. The above ground installation may be re -constructed by Grantee, at Grantee's own expense, upon obtaining Grantor's written permission. 5. TEMPORARY ACTIVITIES TEMPORARY WORKSPACE (a) Details of activities: Crossing Identifier I ZT91 x1I1PSQtE:ai E4Vf Location/ Grantor ROW / overtop of Grantor pipe Grantor ROW / overtop of Grantor pipe Measurement of TWS Purpose of TWS Expiry Date Short Legal Land Descrip KP and/or MP Grantor's Line Number(s) GPS Coordinates Irregular (see attached drawings) Construction of Ball Hockey Rink, Sidewalk, Walkway, Bleachers, Benches, Curbs, Concrete Pad, Resurfacing Parking Lot April 22, 2024 PID's 55161590, 55209746, 55100986, 55151351 W1= KP 96.377 to 96.448± GOLD-BRDR/SJLT VS-095 TBD — Grantee to provide, field representative must (b) The expiry date for the temporary workspace as identified by each Crossing Identifier is set out in the table above. (c) Grantor's use of temporary workspace takes precedence over Grantee's use of temporary workspace, without cost or claim against Grantor. (d) Following written notice by Grantor to Grantee that Grantor requires use of Grantee's temporary workspace Grantee will remove any obstruction from the temporary workspace. If the obstruction is not removed within 5 business days, after receipt of Grantor's notice, Grantor will remove Grantee's obstructions at Grantee's cost. (e) If use of Grantor's Lands is approved for soil storage, Grantee must ensure that a physical barrier, in a form acceptable to Grantor, is placed on the ground prior to soil placement to ensure no cross -contamination between the soil pile and original topsoil. (f) Stripping or grading is not permitted in the temporary workspace. (g) Upon Grantor's request, Grantee shall install fencing or other method of demarcation at Grantee's sole cost and expense in order to clearly designate the temporary workspace area. Application Agreement# LRCE0001-479-1 165 Page 19 of 21 of CA SCHEDULE "C" — FORMS This Schedule "C" forms part of the Crossing Agreement ("the Agreement") dated the 22nd day of April, 2022; BETWEEN: MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP, by its General Partner, MARITIMES & NORTHEAST PIPELINE MANAGEMENT LTD. (hereinafter referred to as "Grantor") -and- CITY OF SAINT JOHN (hereinafter referred to as "Grantee") The following form(s) are part of this Schedule "C" to the Agreement: A sample of the on -site Crossing Report, that Grantee shall comply with and execute upon commencement of Work and/or Activities, is attached hereto. Application Agreement# LRCE0001-479-1 166 Page 20 of 21 of CA CROSSING REPORT aNBRIDGE' Z) Enbridge Pipelines Inc. Z) Enbridge Pipelines (NW) Inc. :1 'Enbridge Southern Lights GP Inc. Z) Enbridge Bakkan Pipeline CompanyInc Z) Enbridge G&P Canada Inc. Pry-- ::err•-er: Addrem: Conkactor: Address: Legal Land Description Typecaf Work ]TemporaryEquipmerrtCrnssirg D other 7 Gonstr=ion of Facility (detain One Call TiJoei No- D KP:1 MP Approval ND: Representative. TelEo-ione: Representative. Teleprrne: SAFEMAJI DING PIPELINESAND FACILMED - REVIEW WrrH -00HTRACTC*t59GJECT OWNER REPR ES ENTATIV E The Enbridgerepresentativemust review the ioloyA gitems-M.htheCormactororProiectO1.rrerrepre�ntative. I- All EnbiOje`spipe(s),c;abe(s)and faciAieswithinEnb te:srigid-of-wayorprojectedlirrwshasrebeenlo led and surface marked For Enbridgd'sstation! te"nel skesaal Enhridge'spipe;s), oable(s) and Iaduies heave been Iooaledaand suriam markE+d as per LPMP Safety Manual. 2 Foram mechanialexcetraatienorother destnxctiveactiattywithin 5meters $15feet�oianEnbridge:sfaciity¢abave_belawgradeoron the rot-oi-w t3y).the Entxidge representative Live must be onsite and monrlarirg the activft. 3. TheEnbrk* Representative ha1heauthorityt-odirectiheoantractorto`StopWoFk'aata rrytime ifdiereisa rnforpipeline kAegftsafaetyorsecurity,ordentagetoErbricWlaequIpmentorfacilities. 4. Aster Entxidge's facilities have been hand expoeeclunderrrocircumstarrraes shall powered equipment be used wifti D.b meters ieeO oiaa PiPeWe or urKlergrflund electrirsl cable. 5L Any heffwyequomenccras5irgtheptc4wrljh�-cod-r6iw td-WrrayHak&7 krtrgirdl•c0ft+epix-,Faefsi►rs4require- gdc15or%31 ipm4ectim approved lby Erbndae repreeerxative. 6. If oontact iamadewith the Enbridge'apQe(s). cabfe(s) and facdbes or the coating of Enbridgds ppeine(s). Stop Work rnmle�ari d shul dour all po Awed equiprnentora7yodw igrvbon source. Leave the v+cinityof the area and inform the onsite Entxidge represeritatk e. Products transported if rough Erbridge's ppeirx�(s) are under high pr . Narmrable and can form expbsi,,e nri, hff 7 CordractodPriiecl Owner haE.a cgDyof the National Energy Beard Damage P Nen ul ticns - Authorizations CoNTRACTOR OR PROJECT Safeguarding Pi einesandFacilities'hasbeenreyneavedwithmeand Name - Company t the serious mpbcatcn of non-ccmplianc(2. NBRIDGE REPRESENTATIVE Date I have reviewed the `Sefeguardirrg Plil,eiws and Facilities vath the Contractor or Project Owner Rcpresentatr r. Date: a Brgrr a") Application Agreement# LRCE0001-479-1 167 Page 21 of 21 of CA New Nouveau Bruns 1 w c Department of Transportation and Infrastructure Highway Usage Permit Permit No. 202211 R000101101 2022. HIGHWAY USAGE PERMIT PERMIT NUMBER 202211R000101101 THIS PERMIT issued in duplicate originals this day of FROM: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure (hereinafter called the "Minister"); TO: CITY OF SAINT JOHN a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of New Brunswick (hereinafter called the "Applicant") WHEREAS the Minister, under and by virtue of the Highway Act, Chapter H-5 R.S.N.B. 1973 ("Highway Act'), has the administration and control of highways, as defined therein, in the Province of New Brunswick ("Highways"); AND WHEREAS the Applicant has requested from the Minister to build a ball hockey rink under the Route 1 off -ramp right-of-way, at a property identified as PID 55100986, at Saint John, in Saint John County ("work"); AND WHEREAS the Applicant has requested that the Minister consent to the work being constructed and operated within the Highways pursuant to an application and plan submitted, if any and the Minister has agreed to review this application and plan pursuant to Section 44.1 of the Highway Act for permission to enter upon, use, cross, construct and operate the work in, under and over those portions of the Highways more particularly described in Schedule "A" and Schedule "B" hereto attached and forming a part hereof ("Approved Highways") for the purpose of constructing and operating the work; AND WHEREAS the Minister has, in his discretion, agreed to issue a highway usage permit ("HUP") pursuant to Section 44.1 of the Highway Act containing terms and conditions as more particularly described herein; THEREFORE in consideration of the payment of the sum of ten dollars ($10.00) by each party to the other, the receipt and sufficiency of which is acknowledged by each to the other, and in consideration of the covenants, terms and conditions hereinafter contained, the Minister and the Applicant covenant and agree as follows: `Me] 1. GENERAL 1.01 The Minister, pursuant to Section 44.1 of the Highway Act, hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon, use and cross the Approved Highways for the purpose of constructing the work ("Construction") for the periods of time more particularly hereinafter described. 1.02 The Applicant shall pay to the Minister upon execution and for each fiscal year thereafter, due and payable on the first day of April in each fiscal year during the term of the HUP, as set out in Section 9 an occupation fee of: (i) Five hundred Dollars ($500.00). 2. CONSTRUCTION 2.01 The Applicant, its contractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at its own expense, perform Construction on the Approved Highways. The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards of all applicable federal and provincial statutes, as amended from time to time, and municipal by-laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets, insofar as the same relates to the Construction, including, but not limited to, this HUP, the Highway Act and all environmental and occupational health and safety laws. 2.02 The Applicant shall submit all plans and specifications detailing location, timing and duration of Construction to the Minister for his approval prior to the commencement of any Construction on the Approved Highways. The Applicant shall not undertake nor commence any Construction prior to receiving written approval from the Minister of the plans and specifications. The approval of the plans and specifications for any Construction to be carried out on the Approved Highways does not in any way affect or alter the Applicant's responsibility for the design and construction of the work and the Minister hereby specifically denies any such responsibility. 2.03 The Applicant agrees to complete and deliver to the Minister for approval, which approval will not be unreasonably withheld, a final "as built" plan of the Applicant's work at locations where it is on the Approved Highways, within three (3) months of the completion of the installation of the work. 2.04 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0-0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.05 The Applicant shall during the period of Construction (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the place of employment where any of the Construction is taking place; and `reel (ii) ensure that its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.06 The Applicant shall, upon the request of the Minister, provide to the Minister, within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of Paragraph 2.04 and Paragraph 2.05 hereof. 2.07 No material or equipment shall be deposited or stored on the Approved Highways without the prior written approval of the District Transportation Engineer of the Minister ("the District Engineer"). 2.08 All brush and debris are to be disposed of off the Approved Highways. 2.09 The method of installation and construction of the work shall be as per Schedules "A", "B" and "C". If conditions do not permit the method of installation as described in Schedules "A", "B" and "C" at a particular location, the Applicant may, with the prior written approval of the District Engineer, which approval shall not be unreasonably withheld, use an alternate method of installation. 2.10 No Construction is to take place during darkness or reduced visibility, except with the prior approval of the District Engineer. 2.11 The Applicant shall give the District Engineer not less than two (2) weeks written notice before commencing Construction, excluding normal maintenance activities. 2.12 The Applicant shall ensure that it, its contractors, workmen and agents abide by and will be bound by the terms and conditions of this HUP. 3. PUBLIC NOTICE 3.01 No Construction excluding aerial patrol and normal maintenance activities shall be commenced or carried out prior to the Applicant giving timely and sufficient notice to the travelling public using the Approved Highways, warning of the Construction and of the disruption to traffic that may result therefrom. 4. STANDARD OF CONSTRUCTION 4.01 All Construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. The Minister may order the Applicant to stop Construction if, in the Minister's opinion, it is not being carried out in a good and workmanlike manner according to the plans and specifications submitted and approved by the Minister for such Construction. The Applicant shall immediately stop Construction after being ordered to stop by the Minister. The ordering of the stopping of Construction by the Minister, regardless of the reason, shall not give rise to any claim by the Applicant against the Minister and any such claim is hereby specifically barred. Failure of the Minister to give instructions in regard to the Construction does not relieve the Applicant of any responsibilities and liabilities under the HUP or otherwise. 171 4.02 The Applicant shall use every reasonable effort to ensure, where practical, that: (a) all Construction is performed in a manner that causes as little damage as possible to the Approved Highways; (b) through traffic flow is maintained on the Approved Highways during all Construction according to the Department of Transportation Work Area Traffic Control Manual, as amended from time to time, and it is the Applicant's obligation to obtain said manual; (c) the Construction does not interfere with or obstruct the Approved Highways or traffic thereon except as may be reasonably necessary or required during actual periods of Construction; and (d) the Construction does not alter or interfere with the drainage pattern of the Approved Highways or any property that is adjacent to the Approved Highways. 5. REPAIRS TO THE APPROVED HIGHWAYS 5.01 Upon completion of any Construction, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Highways to the extent necessary to restore the Approved Highways to at least the condition existing prior to the commencement of such Construction in a manner satisfactory to the District Engineer. 5.02 All repairs to the Approved Highways, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Highways where the work is located, occasioned by subsidence or caused by the Construction or existence of the work, at the request and to the reasonable satisfaction of the District Engineer, shall be the responsibility of the Applicant for the entire period that the work remains on the Approved Highways. 5.03 If the Minister is required to make any repairs to the Approved Highways as a result of the Construction by the Applicant, or as a result of the presence of the work on the Approved Highways, the Applicant shall, upon demand, reimburse the Minister for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Minister shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this section and allow the Applicant a reasonable opportunity to forthwith proceed to diligently repair the same. 6. RELOCATION OF APPROVED HIGHWAYS 6.01 Notwithstanding any other provisions of this HUP, if the Minister relocates, either permanently or temporarily, repairs, or redesigns the Approved Highways, he may request the Applicant to alter, remove or relocate, either permanently or temporarily, the work at the Applicant's expense within sixty (60) days after being requested in writing by the Minister. The Applicant shall alter, remove or relocate, either permanently or temporarily, its work within sixty (60) days after being requested to do so by the Minister, provided, however that the Minister shall, if possible, grant to the Applicant a new HUP containing similar terms and conditions as herein set out allowing the Applicant to construct its work on an alternate or replacement site, if any. Nothing herein contained obligates the Minister to pay any costs of the Applicant or to provide the Applicant with an alternate means or replacement work. 7. LIABILITY AND INDEMNITY 7.01 The Minister shall not be responsible for any damage to the work from any cause whatsoever. 7.02 The Applicant shall indemnify and save harmless the Minister from and against any and all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction or operation of the work of the Applicant or of its employees, agents, contractors or subcontractors. 7.03 The Applicant shall promptly pay compensation to the Minister for all damages suffered by the Minister as a result of the Construction or the existence of the work on the Approved Highways. 7.04 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property identified in Schedule "A" that: (i) all work will cease immediately in that area; and (ii) the Minister will be immediately advised of the said contamination in order for the Minister to assess the situation. 7.05 If the Applicant fails to abide by Section 7.04 and contamination is later determined to have been present, the Minister shall not be responsible for the resulting deterioration or damage. 8. INSURANCE 8.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of the HUP, and any extensions or renewals thereof, general liability, pollution, and automobile insurance in form and content acceptable to the Minister, acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Minister, his respective successors and assigns, and his respective directors, officers, employees, agents and servants. 8.02 Such insurance shall provide coverage for property damage to the Approved Highways, including loss of use thereof, and shall protect the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants from all claims arising out of liability for property damage and bodily injury (including death and personal injury) arising out of the existence, construction, use, operation, maintenance and rehabilitation of the work and use and occupancy of the HUP, but excluding any claims to the extent that they arise out of the negligence or misconduct of the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants. 8.03 The Applicant shall procure and maintain insurance policies which shall include the endorsements and extensions as contained in Part A and Part B herein. `IFW PART A. Commercial General Liability The Insurance Policy required under this part shall include: (i) an "occurrence" definition of "Accident"; (i i) "Her Majesty the Queen" listed as an "Additional Insured"; (iii) Owners and Contractors Protective Liability; (iv) a Cross Liability clause; (v) a Waiver of Subrogation in favour of the Minister; (vi) Blanket Contractual Liability; (vii) Products/Completed Operations Liability; (viii) Broad Form Property Damage; (ix) Non -owned Auto Liability; (x) Contingent Employer's Liability; (xi) Personal Injury extension of bodily injury; (xi i) coverage for machinery attached to vehicles; (xiii) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (xiv) liability limits of five million dollars ($5,000,000.00) and said insurance policy shall not be on a "Claims Made" form. PART B. Pollution (Environmental Impairment) Liability The Insurance Policy required under this part shall include: (i) "Her Majesty the Queen" listed as an "Additional Insured"; (i i) a Cross Liability clause; (iii) a Waiver of Subrogation in favour of the Minister; (iv) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (v) liability limits of five million dollars ($5,000,000.00). Notwithstanding any breach of any of the terms or conditions of the policy, or any negligence or willful act or omission or false representation (individually or collectively, a "Breach") by any insured, additional insured, or any other person, such Breach shall not invalidate or otherwise limit the Applicant's liability, indemnity and insurance obligations under this HUP. 8.04 All insurances required to be procured and maintained by the Applicant shall be obtained from an Insurance Company (Underwriter) licenced to do business in the Province of New Brunswick. 8.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance the Applicant shall provide ninety (90) days prior written notice to the Minister of the program structure and participants with sufficient information to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut -through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Minister. 8.06 The Applicant shall provide the Minister with Certificates of Insurance acceptable to the Minister and signed by a representative authorized to bind the Insurer listing all required extensions and endorsements required herein. Certificates of Insurance for all insurance policies maintained in compliance with this provision, or other documentation ` FM in form and content acceptable to the Minister, shall be delivered to the Minister prior to any construction that may affect the Approved Highways and prior to commencement of the operation of the Applicant's work. Certificates of Insurance, or other documentation in form and content acceptable to the Minister, acting reasonably, evidencing any renewal of or replacement insurances, shall be delivered to the Minister not later than fifteen (15) days prior to the expiration of existing policies. The requirement of the Applicant to provide proofs of insurance to the Minister shall survive the completion of the work and termination of this HUP and the Minister reserves the right to ask for, and the Applicant agrees to provide forthwith, evidence of required insurances covering the period subsequent to the term of the HUP as in the Minister's sole opinion is necessary. All such certificates and proofs of insurance required hereunder shall be deemed to comply with the requirements of Paragraph 8.03 herein by identifying the additional insured as follows: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure PO Box 6000 Fredericton NB E3B 5H1 Facsimile: (506) 453-2900 8.07 The Minister reserves the right at any time during the term of the HUP to require the Applicant to secure and carry such other Insurances as are deemed appropriate by the Minister having regard to the nature of the work under the HUP. 8.08 The insurance requirements set out in this HUP shall not in any way limit the Applicant's liability arising out of the HUP or otherwise. 9. TERMINATION 9.01 This HUP shall terminate: (a) on the 31st day March 2032 or (b) at the option of the Minister upon written notice to the Applicant: (i) if the work is used for any purpose other than as identified herein; (ii) in the event the Applicant shall not have commenced operations on the Approved Highways for the construction of the work within two (2) years from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; (iii) if the Applicant defaults in observing or performing any of the obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default within a reasonable period of time after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof, the Minister may at his sole discretion and without recourse by the Applicant terminate the HUP; 9 (iv) if in the sole opinion of the Minister the Construction or the work is creating a situation hazardous to the general public or the highway infrastructure; or (v) if the Minister or the New Brunswick Highway Corporation has to perform repairs or rehabilitation on the Approved Highways and the work shall be removed forthwith; but the obligations of the Applicant under this HUP shall survive such cessation and termination of such permission. If this HUP is terminated pursuant to Subparagraph 9.01(b), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 9.02 At the expiry of the term under Clause 9.01(a) this HUP may be renewed for successive periods, each such renewal to be on substantially the same terms and conditions as set out in this HUP, excepting the payment of fees which may be established or provided for by legislation or regulation, until the work is abandoned as set out in Clause 9.04 or until it is terminated in accordance with Clause 9.01(b). 9.03 The Minister shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 9.04 In the event the Applicant elects to abandon the operation of its work in whole or in part, the Applicant shall provide notice in writing to the Minister of its intention to abandon and the notice of such abandonment shall effectively terminate this HUP, provided that the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all those demolition, removal, remedying and rehabilitation undertakings or conditions necessary to comply with the conditions of this HUP. 9.05 As a condition of abandonment, the surface, sub -surface and the right-of-way of the Approved Highways concerned shall be restored, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9.06 Where the Minister has obligated the Applicant as a condition of approving the abandonment to maintain, remedy or take other measures with respect to the work, the Applicant shall have full right and permission at any time where necessary thereafter, notwithstanding the termination of this HUP, to enter upon the said Approved Highways with people, machinery and material, for the purpose of carrying out such obligations; but always restoring or repairing however, any damage to the Approved Highways thereby occasioned, and where required, paying compensation for damages to the Minister arising from such entry. Any such work done by the Applicant pursuant to, or as contemplated by, this provision is to be carried out completely at the expense of the Applicant. 9.07 The work shall be removed for the winter months from November 15 until March 15 each year. 10 9.08 Except for those matters contained in Paragraph 9.01(b), if the Applicant defaults in observing or performing any of the terms and conditions herein set forth to be observed and performed by it and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof the Applicant agrees to pay, as liquidated damages to the Minister for each such default or breach, the amount of ten thousand dollars ($10,000.00). 10. NATURE OF HUP 10.01 The Applicant's right to occupy the Approved Highways pursuant to this HUP is as a mere licencee. This HUP does not grant nor convey to the Applicant any title to the Approved Highways. 10.02 It is understood and agreed that any plans, including the plans specified in Section 2.02 and Section 2.03, are to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property and the Minister does not, in any way, represent or warrant to the Applicant that its Approved Highways are located as shown on the said plans or that the Minister owns or controls all or any portion of the right-of-way shown. The location of the Approved Highways is determined by the Applicant at its sole risk and the work is placed thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Highways, it shall examine such title and ownership at its own expense and the Minister shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Minister. 10.03 This HUP is non-exclusive. The Minister hereby reserves the right to grant permission to other persons to use the Approved Highways for whatever purpose the Minister deems necessary provided, always, that the Minister shall not permit any other person to use the Approved Highways for any such purpose if such use or any construction of other work in connection therewith would in any way damage the work or interfere with the Applicant's use thereof. 10.04 This HUP, and any right conveyed herein by the Minister to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Minister to any other persons or corporations to use the Approved Highways. The Applicant hereby agrees not to damage or in any way interfere with any other persons' or corporations' use and enjoyment of the Approved Highways. The Applicant further agrees to reimburse any person or corporation for the costs of any damages to their plant or equipment located on the Approved Highways arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 10.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, violable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 10.06 This HUP in no way affects or binds any other Minister, department, agency or crown corporation of the Province of New Brunswick. `rrA 11 10.07 The granting of this HUP shall in no way impede nor affect any persons' right to operate vehicles or other mobile equipment across the work at those locations described in Schedule "A". 11. NOTICE 11.01 Any notice, direction or other instrument required or permitted to be given to the Minister hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Minister as follows: Minister of Transportation and Infrastructure PO Box 6000 Fredericton NB E313 5H1 or to such other address as the Minister may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Applicant as follows: City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21- 4L1 Attn: City Clerk cityclerk@saintjohn.ca With copy to: General Counsel general counsel@saintjohn.ca or to such other address as the Applicant may from time to time designate in writing to the Minister. 11.02 Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been given or made on the date on which it was delivered or, if mailed, shall be deemed to have been given or made on the third business day following on which it was mailed. 12. NEW BRUNSWICK LAWS OR REGULATIONS 12.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. `rE:3 12 12.02 The Highway Act and regulations made thereunder, as each may be amended from time to time, and any act or regulations made in substitution thereof apply to the HUP and the Applicant agrees to be bound thereby. 13. SINGULAR - PLURAL 13.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. 14. BINDING EFFECT 14.01 This HUP, and everything herein contained, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be construed as permitting any assignment by the Applicant not authorized by this HUP. 15. ASSIGNMENT 15.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of the Minister and such consent shall not be unreasonably withheld or delayed. 16. NON -WAIVER 16.01 The failure by the Minister to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Minister to require or insist that an action be taken according to the terms of this HUP. 17. AMENDMENTS 17.01 If at any time during the continuance of this HUP the parties deem it necessary or expedient to make any alteration or additions to this HUP, they may do so by means of a written amendment between them which shall be supplemental to and form part of this HUP. 18. TIME 18.01 Time is of the essence in this HUP. 19. DISCONTINUANCE 19.01 In the event that the Minister intends to discontinue any of the Approved Highways, the Minister shall provide reasonable notice to the Applicant of such intention; 13 provided that the Applicant shall be responsible in accordance with the provisions of Section 6 as a result of such discontinuance. 20. ENTIRE AGREEMENT 20.01 This HUP and all attached schedules constitute the entire agreement between the parties with respect to any matter referred to herein and any previous agreement, warranty or representation of any kind, written or oral, expressed or implied, between the parties hereto or on their behalf, are hereby terminated and of no force and effect. IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit at The City of Fredericton, in the County of York and Province of New Brunswick, on the date shown above. SIGNED, SEALED and DELIVERED in the presence of: Witness HER MAJESTY THE QUEEN in Right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure Serge Gagnon, P. Eng. Chief Highway Engineer on behalf of the Minister of Transportation and Infrastructure CITY OF SAINT JOHN Per: Donna Noade Reardon Title: Mayor Per: Jonathan Taylor Title: City Clerk `E:ii1 14 Schedule "A" Transportation and Infrastructure District 4 Type/ Length of Lineal Highway/Location Description Occupation Permit Number Classification Km Route 1 (Off -ramp, PI D 55100986) Arterial Occupation N/A 202211 R000101101 15 Schedule "B" fiF:3O� 16 Schedule "C" 1. Applicant shall maintain a distance of three metres from the Approved Highways piers at all times with respect to all building materials and machinery. 2. No boom trucks shall operate its boom under the Approved Highways. `E:191 17 AFFIDAVIT I, Jonathan Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick, make oath and say: 1. THAT I am the City Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THE seal to the foregoing instrument affixed is the Common Seal of the said City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Donna Noade Reardon" to the said instrument is the signature of Donna Noade Reardon, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. THAT the Mayor and City Clerk are the proper officers to sign the foregoing instrument on behalf of the City of Saint John. SWORN TO AT the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 12022 BEFORE ME, A Commissioner of Oaths Jonathan Taylor `E:i! n N ��I N • �_ - o Z o � Z u CL .j w � _ N O� _ Jvo O QON \\\, W = � _ Z O J aF N = Q so a� N 0 O w co N0 F— CL Q to � POR.�onaE� Z .. 1 Y O C) N c N is z� 0 L n CD 00 A 59 g 2E M, -W Iz 0 0 - � S' YsaC a '05 s I x e ©� J o f o p �d .�� i 9L o --------- ---- ----- ----------- -------- o 2 (v ------------------ ------------ I i i EEJ o�lso s�la a� _ - z ---------- ---- ------- ------------ 8 @ o I ......... ME E .... —EEE � s§m sa o�ob°bap o 5 �w �zm Q 0 III P4 � _!J � `..c F e3 Qo Y E J �33 O a ., 3¢w Esys � •�� I mO�+Ile O opo m � �m oP i aG w I �sao o� i F i F Fui =ui F s s �w Fu li i i z I I I 8 $ Ia I I Go I �I �I I I I COUNCIL REPORT M&C No. 2022-154 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. REQUEST FOR PROPOSALS 2022- 085001P: PUBLIC SPACE AT MARKET SLIP & HARBOUR PASSAGE EXTENSION — ICE RINK REFRIGERATION EQUIPMENT AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeffrey Cyr/Brent McGovern J. Brent McGovern John Collin RECOMMENDATION It is recommended that: 1) the proposal from Custom Ice Inc. to supply ice rink refrigeration equipment in the amount of $179,400.00 plus HST as calculated based upon estimated quantities be accepted; 2) that Supply Chain Management be authorized to purchase the ice rink refrigeration equipment; and 3) that the Mayor and City Clerk be authorized to execute any necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the contract for supply and delivery of ice rink refrigeration equipment for the Fundy Quay Public Space projects to Custom Ice Inc. PREVIOUS RESOLUTIONS February 22, 2021; (M&C 2021-05) Approved Utility and General Fund — Revised 2021 Capital Programs February 22, 2021: (M&C 2021-045) Approved Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension. `&N -2- December 20, 2021: (M&C 2021-366) Approved Contract 2021-083001T: Public Space at Market Slip — Site Demolition. REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for the Fundy Quay public space improvements at the Market Slip and the extension of Harbour Passage along the perimeter of the Fundy Quay Site. Traditionally, the City would issue a preselection Request for Proposal (RFP) to select the most appropriate materials for a construction project such as the Fundy Quay public space projects. The preselection RFPs are based on the City's Purchasing Policy and the designer would include the successful supplier's materials in the construction specifications. Contractors bidding on the project are directed to purchase the preselected materials from the successful supplier. However, due to supply chain issues, waiting to procure certain materials through a contractor has the potential to result in cost increases and significant construction delays. Upon becoming aware of this risk, the project team concluded it was prudent to prepurchase specific materials for the Fundy Quay project as early as possible, with the goal of minimizing schedule risk impacts to the extent possible. The ice rink refrigeration equipment is one of seven items being acquired through an advanced procurement strategy and will be supplied to the Contractor for installation under a separate contract which is planned to be tendered in May 2022. A Request for Proposals (RFP) was developed for ice rink refrigeration equipment supply which detailed the minimum performance requirements for the ice rink refrigeration equipment to meet for the project and included the following components: • Part 1 — Introduction • Part 2 — Description of deliverables • Part 3 — Evaluation of Proposals • Part 4 —Terms and Conditions of the RFP Process • Appendices — Forms and RFP Particulars 21111110031.0 The purpose of this report is to make a recommendation for purchasing the ice rink refrigeration equipment for the Fundy Quay public space projects. STRATEGIC ALIGNMENT Fundy Quay is a catalytic project that aligns with many of Council's priorities including Grow, Green, Belong and Move. `MEI -3- SERVICEAND FINANCIAL OUTCOMES The proposed cost of the ice rink refrigeration equipment from Custom Ice Inc. for the Fundy Quay public space projects is $179,400.00 plus HST. An amount of $12,670,000 is budgeted for architectural design and construction management services, and construction for this project. Furthermore, a projected surplus from the Fundy Quay Site Works project is being held as a strategic contingency to support the realization of the full architectural design for the Fundy Quay Public Space. There is sufficient funding in the approved Fundy Quay public space project budget to proceed now with the supply and delivery of ice rink refrigeration equipment. The pricing for the ice rink refrigeration equipment is within the Engineer's' estimate for the materials, which was $250,000 plus HST. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — Supply Chain Management Supply Chain Management facilitated the RFP process to solicit proposals for the ice rink refrigeration equipment. As such a Request for Proposal (RFP) closed on Thursday, April 7, 2022 with only one response being submitted, that of Custom Ice Inc. of Burlington, ON. A review committee, consisting of staff from Supply Chain Management, Envision Saint John and the City's consultants reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Specifications and Quality 3. Cost The proposal submitted by Custom Ice Inc. met all the requirements set forth in the RFP at a cost acceptable by staff. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A `111106191 COUNCIL REPORT M&C No. 2022-155 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. REQUEST FOR PROPOSALS 2022- 562001P: PUBLIC SPACE AT MARKET SLIP & HARBOUR PASSAGE EXTENSION — WATER FOUNTAIN MECHANICAL EQUIPMENT AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeffrey Cyr/Brent McGovern J. Brent McGovern John Collin RECOMMENDATION It is recommended that: 1) the proposal from ABC Recreation Ltd. to supply water fountain mechanical equipment in the amount of $216,899.07 plus HST as calculated based upon estimated quantities be accepted; 2) that Supply Chain Management be authorized to purchase the water fountain mechanical equipment; and 3) that the Mayor and City Clerk be authorized to execute any necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the contract for supply and delivery of water fountain mechanical equipment for the Fundy Quay Public Space projects to ABC Recreation Ltd. PREVIOUS RESOLUTIONS February 22, 2021; (M&C 2021-05) Approved Utility and General Fund — Revised 2021 Capital Programs February 22, 2021: (M&C 2021-045) Approved Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension. f11111061.1 -2- December 20, 2021: (M&C 2021-366) Approved Contract 2021-083001T: Public Space at Market Slip — Site Demolition. REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for the Fundy Quay public space improvements at the Market Slip and the extension of Harbour Passage along the perimeter of the Fundy Quay Site. Traditionally, the City would issue a preselection Request for Proposal (RFP) to select the most appropriate materials for a construction project such as the Fundy Quay public space projects. The preselection RFPs are based on the City's Purchasing Policy and the designer would include the successful supplier's materials in the construction specifications. Contractors bidding on the project are directed to purchase the preselected materials from the successful supplier. However, due to supply chain issues, waiting to procure certain materials through a contractor has the potential to result in cost increases and significant construction delays. Upon becoming aware of this risk, the project team concluded it was prudent to prepurchase specific materials for the Fundy Quay project as early as possible, with the goal of minimizing schedule risk impacts to the extent possible. The water fountain mechanical equipment is one of seven items being acquired through an advanced procurement strategy and will be supplied to the Contractor for installation under a separate contract which is planned to be tendered in May 2022. A Request for Proposals (RFP) was developed for fountain equipment supply which detailed the minimum performance requirements for the fountain equipment to meet for the project and included the following components: • Part 1 — Introduction • Part 2 — Description of deliverables • Part 3 — Evaluation of Proposals • Part 4 — Terms and Conditions of the RFP Process • Appendices — Forms and RFP Particulars 211100031-0 The purpose of this report is to make a recommendation for purchasing the water fountain mechanical equipment for the Fundy Quay public space projects. STRATEGIC ALIGNMENT Fundy Quay is a catalytic project that aligns with many of Council's priorities including Grow, Green, Belong and Move. `LOtl -3- SERVICEAND FINANCIAL OUTCOMES The proposed cost of the fountain equipment from ABC Recreation Ltd. for the Fundy Quay public space projects is $216,899.07 plus HST. An amount of $12,670,000 is budgeted for architectural design and construction management services, and construction for this project. Furthermore, a projected surplus from the Fundy Quay Site Works project is being held as a strategic contingency to support the realization of the full architectural design for the Fundy Quay Public Space. There is sufficient funding in the approved Fundy Quay public space project budget to proceed now with the supply and delivery of fountain equipment. The pricing for the fountain equipment is within the Engineer's' estimate for the materials, which was $250,000 plus HST. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — Supply Chain Management Supply Chain Management facilitated the RFP process to solicit proposals for the supply of the water fountain mechanical equipment. As such a Request for Proposal (RFP) closed on Thursday, April 7, 2022 with only one response being submitted, that of ABC Recreation Ltd. of Paris, ON. A review committee, consisting of staff from Supply Chain Management, Envision Saint John and the City's consultants reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Specifications and Quality 3. Cost The proposal submitted by ABC Recreation Ltd. met all the requirements set forth in the RFP at a cost acceptable by staff. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A liRU] COUNCIL REPORT M&C No. 2022-156 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. REQUEST FOR PROPOSALS 2022- 562001P: PUBLIC SPACE AT MARKET SLIP & HARBOUR PASSAGE EXTENSION — GRANITE BLOCKSUPPLY AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeffrey Cyr/Brent McGovern J. Brent McGovern John Collin RECOMMENDATION It is recommended that: 1) the proposal from Polycor Inc. to supply 299 pieces of granite blocks in variety of styles in the amount of $210,653.30 plus HST as calculated based upon estimated quantities be accepted; 2) that Supply Chain Management be authorized to purchase the granite blocks; and 3) that the Mayor and City Clerk be authorized to execute any necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the contract for supply and delivery of granite blocks for the Fundy Quay Public Space projects to Polycor Inc. PREVIOUS RESOLUTIONS February 22, 2021; (M&C 2021-05) Approved Utility and General Fund — Revised 2021 Capital Programs February 22, 2021: (M&C 2021-045) Approved Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension. December 20, 2021: (M&C 2021-366) Approved Contract 2021-083001T: Public Space at Market Slip — Site Demolition. `Pk7 -2- REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for the Fundy Quay public space improvements at the Market Slip and the extension of Harbour Passage along the perimeter of the Fundy Quay Site. Traditionally, the City would issue a preselection Request for Proposal (RFP) to select the most appropriate materials for a construction project such as the Fundy Quay public space projects. The preselection RFPs are based on the City's Purchasing Policy and the designer would include the successful supplier's materials in the construction specifications. Contractors bidding on the project are directed to purchase the preselected materials from the successful supplier. However, due to supply chain issues, waiting to procure certain materials through a contractor has the potential to result in cost increases and significant construction delays. Upon becoming aware of this risk, the project team concluded it was prudent to prepurchase specific materials for the Fundy Quay project as early as possible, with the goal of minimizing schedule risk impacts to the extent possible. The granite blocks are one of seven items being acquired through an advanced procurement strategy and will be supplied to the Contractor for installation under a separate contract which is planned to be tendered in May 2022. A Request for Proposals (RFP) was developed for granite block supply which detailed the minimum performance requirements for the granite to meet for the project and included the following components: • Part I — Introduction • Part 2 — Description of deliverables • Part 3 — Evaluation of Proposals • Part 4 —Terms and Conditions of the RFP Process • Appendices — Forms and RFP Particulars 211100031-0 The purpose of this report is to make a recommendation for purchasing the granite blocks for the Fundy Quay public space projects. STRATEGIC ALIGNMENT Fundy Quay is a catalytic project that aligns with many of Council's priorities including Grow, Green, Belong and Move. SERVICEAND FINANCIAL OUTCOMES WIN -3- The proposed cost of the granite blocks from Polycor Inc. for the Fundy Quay public space projects is $210,653.30 plus HST. This cost is for the supply of 299 pieces of custom cut granite blocks in a variety of sizes. The price for granite has been reduced from the initial proposal submitted by Polycor, which was $514,211.71 forthe provision of 325 granite blocks. The overall cost of granite supply for the project was reduced through the sourcing of 92 pieces of salvaged granite from a recent demolition project for $28,060 and by some minor modifications to the scope of other pieces to be provided by Polycor Inc. An amount of $12,670,000 is budgeted for architectural design and construction management services, and construction for this project. Furthermore, a projected surplus from the Fundy Quay Site Works project is being held as a strategic contingency to support the realization of the full architectural design for the Fundy Quay Public Space. There is sufficient funding in the approved Fundy Quay public space project budget to proceed now with the supply and delivery of granite blocks. The pricing for the granite blocks is within the Engineer's' estimate for the materials, which was $250,000 plus HST. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — Supply Chain Management Supply Chain Management facilitated the RFP process to solicit proposals for the supply of the granite blocks. As such a Request for Proposal (RFP) closed on Thursday, March 24, 2022 with only one response being submitted, that of Polycor Inc. of Quebec City, QC. A review committee, consisting of staff from Supply Chain Management, Envision Saint John and the City's consultants reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Specifications and Quality 3. Cost The proposal submitted by Polycor Inc. met all the requirements set forth in the RFP at a cost acceptable by staff. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS f► el -4- N/A WIN COUNCIL REPORT M&C No. 2022-157 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. REQUEST FOR PROPOSALS 2022- 544001P: PUBLIC SPACE AT MARKET SLIP & HARBOUR PASSAGE EXTENSION — GLAZED STRUCTURES AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeffrey Cyr/Brent McGovern J. Brent McGovern John Collin RECOMMENDATION It is recommended that: 1) the proposal from Openaire Inc. to supply Glazed Structures in the amount of $1,123,000.00 plus HST as calculated based upon estimated quantities be accepted; 2) that Supply Chain Management be authorized to purchase the glazed structures; and 3) that the Mayor and City Clerk be authorized to execute any necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the contract for supply and delivery of glazed structures for the Fundy Quay Public Space projects to Openaire Inc. The glazed structures are part of the design to make the Market Square Boardwalk a 4-season space, with a heated indoor patio during winter months. During warmer months, the patio enclosures can be opened extensively with sliding glass doors and a mechanical roof, transforming the space from indoor to outdoor space. In addition to supply and delivery, bidders on the construction tender planned for May will be directed to subcontract with Openaire Inc. for the installation of the glazed structures. PREVIOUS RESOLUTIONS February 22, 2021; (M&C 2021-05) Approved Utility and General Fund — Revised 2021 Capital Programs `IN -2- February 22, 2021: (M&C 2021-045) Approved Architectural Services: Loyalist Plaza & Fundy Quay Harbour Passage Extension. December 20, 2021: (M&C 2021-366) Approved Contract 2021-083001T: Public Space at Market Slip — Site Demolition. REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for the Fundy Quay public space improvements at the Market Slip and the extension of Harbour Passage along the perimeter of the Fundy Quay Site. Traditionally, the City would issue a preselection Request for Proposal (RFP) to select the most appropriate materials for a construction project such as the Fundy Quay public space projects. The preselection RFPs are based on the City's Purchasing Policy and the designer would include the successful supplier's materials in the construction specifications. Contractors bidding on the project are directed to purchase the preselected materials from the successful supplier. However, due to supply chain issues, waiting to procure certain materials through a contractor has the potential to result in cost increases and significant construction delays. Upon becoming aware of this risk, the project team concluded it was prudent to prepurchase specific materials for the Fundy Quay project as early as possible, with the goal of minimizing schedule risk impacts to the extent possible. The glazed structures are one of seven items being acquired through an advanced procurement strategy and will be supplied to the Contractor for installation under a separate contract which is planned to be tendered in May 2022. A Request for Proposals (RFP) was developed for glazed structures supply, delivery and installation which detailed the minimum performance requirements for the glazed structures to meet for the project and included the following components: • Part 1 — Introduction • Part 2 — Description of deliverables • Part 3 — Evaluation of Proposals • Part 4 — Terms and Conditions of the RFP Process • Appendices — Forms and RFP Particulars Iall ilk] Z01•10 The purpose of this report is to make a recommendation for purchasing the glazed structures for the Fundy Quay public space projects. W9111I STRATEGICALIGNMENT Fundy Quay is a catalytic project that aligns with many of Council's priorities including Grow, Green, Belong and Move. SERVICEAND FINANCIAL OUTCOMES The proposed cost of the glazed structures from Openaire Inc. for the Fundy Quay public space project is $1,123,000.00 plus HST for supply and delivery. An additional $230,000.000 plus HST will be accommodated in the construction tender for installation of the glazed structures. Bidders on the construction tender will be directed to account for sub -contracting with OpenAire for installation of the glazed structures. An amount of $12,670,000 is budgeted for architectural design and construction management services, and construction for this project. Furthermore, a projected surplus from the Fundy Quay Site Works project is being held as a strategic contingency to support the realization of the full architectural design for the Fundy Quay Public Space. There is sufficient funding in the approved Fundy Quay public space project budget to proceed now with the supply and delivery of the glazed structures. The pricing for the glazed structures was significantly higher than the engineers estimate of $800,000. The price differential from the engineer's estimate can be explained by some degree in that earlier pricing efforts did not have the design as evolved as it is at this time. Secondly a major contributor to the difference in pricing are the material cost impacts as a result of supply chain challenges posed by the war in Ukraine which has resulted in a near 50% increase in the price of aluminum from the time of issuance of the RFP to the closing date. While this specific proposal is above the engineers estimate, the overall suite of materials and equipment pursued as part of the advanced procurement strategy balances more favourably. Once the final advanced procurement item is secured (the seawall handrails), it is projected that the overall budget overages for the advanced procurement items will be approximate to the planned budget contingency of 10% for these items. For this reason, staff are recommending proceeding with the procurement of the glazed structures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — Supply Chain Management Supply Chain Management facilitated the RFP process to solicit proposals for the glazed structures. As such a Request for Proposal (RFP) closed on Thursday, March 24, 2022 with 18017 -4- two proponents choosing to submit proposals as follows: • OpenAire Inc. Oakville, ON • Atlantic Windoor Ltd. Saint John, NB A review committee, consisting of staff from Supply Chain Management, Envision Saint John and the City's consultants reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Specifications and Quality 3. Cost Also, in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial proposals were opened and evaluated, and corresponding scores were added to the technical scores. OpenAire Inc.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at the lowest cost. The above processes are in accordance with the City's Procurement Policy and Supply Chain Management support the recommendations being put forth. ATTACHMENTS N/A WIN COUNCIL REPORT M&C No. 2022-151 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Roof Rehabilitation Fire Station #1: 47 Leinster Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at Fire Station #1 in the amount of $83,375.00 including HST be accepted. Additionally, it is recommended that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Roof Rehabilitation at Fire Station #1 to the lowest compliant bidder. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The Roof Rehabilitation project at Fire Station #1 is clearly aligned with the Council's Priorities to invest in sustainable City services and municipal infrastructure as well as with the Asset Management Policy to minimize risk to the Level of Service (LOS). REPORT The existing roof at Fire Station #1 is over 20 years old and was determined to be in poor condition and needs replacement including some of the structure beneath the roof surface. KIrl W:J - Jf, I .-I�[ P More specifically, the scope consists of replacing all the existing roof surface with new modified bitumen roofing membrane and replacement of subsurface in areas as needed based upon a thermographic scan. SERVICEAND FINANCIAL OUTCOMES The total cost to complete the Roof Rehabilitation at Fire Station #1, if awarded to the lowest bidder as recommended, will be $75,607.35 including the HST Rebate. Cost of this project is funded under the City's General 2022 Capital Program. The financial analysis is as follows: Capital Budget: $200,000.00 Project net cost: $ 86,339.97 Variance (Under Budget): $ 113,660.03 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT A public tender call was issued on April 11, 2022 and closed on April 26, 2022. Two (2) companies responded to the tender call by submitting bids. The results are as follows (including HST): COMPANY NAME TENDER PRICE* Dowd Roofing Inc. $ 83,375.00 Atlantic Roofers Limited $ 116,230.50 *Inclusive of HST Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A W91-13 _fir17j ,Fj 1 COUNCIL REPORT M&C No. 2022-160 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Roof Rehabilitation Various Water Facilities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern John Collin RECOMMENDATION It is recommended that Common Council approve the following items: 1. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at the Millidgeville Wastewater Treatment in the amount of $468,855.00 including HST be accepted. Additionally, it is recommended that the Mayor and City Clerk be authorized to execute the necessary contract documents. 2. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at the Eastern Wastewater Treatment Facility in the amount of $107,778.00 including HST be accepted. Additionally, it is recommended that the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at Spruce Lake Pumping Station in the amount of $130,053.50 including HST be accepted. Additionally, it is recommended that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Roof Rehabilitation at the various water facilities to the lowest compliant bidder. PREVIOUS RESOLUTION N/A W916.1 STRATEGIC ALIGNMENT The Roof Rehabilitation project at the various water facilities is clearly aligned with the Council's Priorities to invest in sustainable City services and municipal infrastructure as well as with the Asset Management Policy to minimize risk to the Level of Service (LOS). REPORT Roof Rehabilitation Millidgeville Wastewater Treatment Facility 700 Woodward Avenue The existing roof at the Millidgeville Wastewater Treatment Facility is over 25 years old and was determined to be in poor condition and needs complete replacement. The scope consists of performing full roof replacement of the following (5) five roofing facilities with modified bitumen roofing system at Millidgeville Wastewater Treatment: Screen Building, Sludge Building, Bio cell Building, Secondary Clarifier 1 and 2. Roof Rehabilitation Spruce Lake Pumping Station: 2524 Ocean Westway The existing roof at Spruce Lake Pumping Station is over 25 years old and was determined to be in poor condition and needs complete replacement. The scope consists of performing full roof replacement with modified bitumen roofing system, including new access ladders. Roof Rehabilitation Eastern Wastewater Treatment Facility: 441 Red Head Road The existing roof of a service building located at the site of the Eastern Wastewater Treatment Facility is over 20 years old and was determined to be in poor condition and needs complete replacement. The scope consists of performing full roof replacement with modified bitumen roofing system including repointing/grout repair of existing masonry mortar jointing. SERVICEAND FINANCIAL OUTCOMES The total cost to complete the Roof Rehabilitation at the various water facilities if awarded to the lowest bidder as recommended, will be $ 640,847.41 Including HST Rebate. Cost of this project is funded under the COVID-19 Resilience Infrastructure Fund and the City's Utility 2022 Capital Program. PA to] W:J - Jf, I .-I�[ I The financial analysis is as follows: Capital Budget: $175,000.00 Covid-19 Funding Stream: $522,934.00 Project net cost: $ 698,473.64 Variance (Over Budget): $539.64 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT Three public tender calls were issued for these projects. The public tender call for the Millidgeville Wastewater Treatment Facility was issued on April 13, 2022 and closed on April 27, 2022. One (1) company responded to the tender call by submitting a bid. The results are as follows (including HST): COMPANY NAME TENDER PRICE Dowd Roofing Inc. $ 468,855.00 The public tender call for the Eastern Wastewater Treatment Facility was issued on April 11, 2022 and closed on April 27, 2022. One (1) company responded to the tender call by submitting a bid. The results are as follows (including HST): COMPANY NAME TENDER PRICE Dowd Roofing Inc. $ 107,778.00 The public tender call for the Spruce Lake Pumping Station was issued on April 11, 2022 and closed on April 26, 2022. One (1) company responded to the tender call by submitting a bid. The results are as follows (including HST): COMPANY NAME TENDER PRICE Dowd Roofing Inc. $ 130,053.50 Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tenders. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A 211 r� 'The city of saint John PROCLAMATION WHEREAS: May 1 to May 7, 2022, is Emergency Preparedness Week in Canada; and WHEREAS: Emergency Preparedness Week is designed to increase public awareness of the importance of personal and business preparedness to cope with emergencies; and WHEREAS. Emergency Preparedness is a shared responsibility in which every person and business can help reduce risks we face by learning how to better prepare ourselves, our families, and our community; and WHEREAS. in times of crisis, the City of Saint John, its citizens and businesses, staff, and the Saint John Emergency Management Organization, have collectively demonstrated their commitment to provide for the safety, health and welfare of citizens, the protection of property and the environment and the ability to respond to emergencies in a highly professional and safe manner; and WHEREAS: an informed, prepared, and cooperative public is vital to effective emergency preparedness planning and emergency response. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim May 1 to 7, 2022, as "Emergency Preparedness Week" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 212 r� 'The city of saint John PROCLAMATION WHEREAS: World Press Freedom Day was proclaimed by the UN General Assembly in December 1993, following the recommendation of UNESCO's General Conference. WHEREAS. A healthy, professional news media is essential for the proper functioning of civil society and democracy at the local, regional, federal and international levels. WHEREAS. May 31d acts as a reminder to governments of the need to respect their commitment to press freedom, and a day of reflection among media professionals about issues of press freedom and professional ethics. WHEREAS: It is an opportunity to celebrate the fundamental principles of press freedom, to assess the state of press freedom throughout the world, to defend the media from attacks on their independence, and to pay tribute to journalists who have lost their lives in the line of duty. WHEREAS. The City of Saint John is among at least 29 municipalities — home to 13 million people in nine provinces across Canada — that have passed motions during the past two years voicing support for journalism in aid of democracy. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim May 3, 2022 as "World Press Freedom Day" in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 213 r� 'The city of saint John PROCLAMATION WHEREAS: the Government of Canada recognizes the week of May 8- 14, 2022, as National Police Week; and WHEREAS: the Saint John Police will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS. the Saint John Police has grown to be a modern and scientific law enforcement body, which increasingly provides a vital public service; and WHEREAS. every day, our law enforcement officers render dedicated service to our community; and WHEREAS: it is important that all citizens know and understand the problems, duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the week of May 8 to May 14, 2022, as "National Police Week", in honour of those whose dedication, professionalism and significant daily contribution keep our citizens and communities safe. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 214 Staff Recommendation for Council Resolution Property: 117 Carleton Street Public Hearing: May 2, 2022 Item: Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law No N/A Amendment Recission of Yes 1. That Common Council, pursuant to the provisions of Previous s. 39/s. Section 59 of the Community Planning Act, hereby 59 Conditions discharge the resolution adopted on March 17, 2008, imposed on the rezoning of a parcel of land located at 117 Carleton Street, also identified as PID Number 00037598, and which was made pursuant to the provisions of Section 59 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Section 59 No N/A Conditions Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A Ph PLANNING ADVISORY COMMITTEE April 21, 2022 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 117 Carleton Street (PID 00037598) The Committee considered the attached report at its April 20, 2022, meeting. Mr. Jeremy Miller, the applicant, appeared before the Committee and expressed agreement with the Staff recommendation. No persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentation and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: 1. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharge the resolution adopted on March 17, 2008, imposed on the rezoning of a parcel of land located at 117 Carleton Street, also identified as PID Number 00037598, and which was made pursuant to the provisions of Section 59 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Respectfully submitted, 1 -mil ? Brad Mitchell First Vice Chair Attachments Page 1 of 1 216 The City of Saint John Date: April 14, 2022 To: Planning Advisory Committee From: Growth & Community Services Meeting: April 20, 2022 SUBJECT Applicant: Jeremy Miller Landowner: Jeremy Miller and Shelby Estabrooks Location: 117 Carleton Street PID: 00037598 Plan Designation: Medium to High Density Residential Existing Zoning: Uptown Commercial (CU) 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. Council will consider the Committee's recommendation at a public hearing on Monday, May 2, 2022. Page 1 of 5 217 Jeremy Miller 117 Carleton Street April 14, 2022 EXECUTIVE SUMMARY Applicant Jeremy Miller, owner of the Subject Property located at 117 Carleton Street PI 00037598, has submitted an application to amend the Section 59 conditions associated with the property, which restricts its use to a law office and requires that site development occur only in accordance with a detailed site plan. The property is currently zoned Uptown Commercial (CU). The applicant is seeking to use the building as an information technology (IT) office on the ground floor with plans to live on the upper floors. The IT office would be classified as a Business Office within the City's Zoning By-law and is a permitted use within the CU Zone. The Section 59 conditions were established as part of a Municipal Plan Amendment and a Rezoning which facilitated the change of use of the site from residential to commercial. This occurred prior to the establishment of the Central Peninsula Secondary Plan and the establishment of the Parking Exemption Area found in the City's Zoning By-law. RECOMMENDATION 1. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharge the resolution adopted on March 17, 2008, imposed on the rezoning of a parcel of land located at 117 Carleton Street, also identified as PID Number 00037598, and which was made pursuant to the provisions of Section 59 of the Community Planning Act in effect at the time (RSNB 1973 as amended). DECISION HISTORY On March 17, 2008, the Municipal Plan amendment and rezoning were approved by Common Council. Pursuant to Section 59 of the Community Planning Act the following conditions were imposed: (a) that the non-residential use of the property be restricted to a law office within the existing building and (b) that the site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, signs, exterior lighting and other site features. The approved site plan must be attached to the building permit application for the development. The 2008 rezoning also sought approval for a parking area in the rear of the site at 117 Carleton Street that would be used by the proposed law office, however this component of the proposal was not approved as the parking was accessed from Sewell Street via a right-of-way through an adjacent residentially zoned property, with the access not having the required commercial zoning. ANALYSIS Proposal Applicant Jeremy Miller, owner of the Subject Property located at 117 Carleton Street is seeking to amend the Section 59 conditions associated with the property. The existing Section 59 condition registered on the property restricts the non-residential use of the site to a law office. The property is currently zoned as Uptown Commercial (CU), which permits a wide variety of commercial uses. The applicant is seeking to use the building as a business office (information technology (IT) office) on the main level with plans to establish a dwelling unit on the second Page 2 of 5 218 Jeremy Miller 117 Carleton Street April 14, 2022 floor. Their intention is to erect a non -permanent floating wall at the top of the stairwell to isolate each floor for the separate uses and to use any excess space in the IT office as a co -working space where individual customers would rent for temporary office use. This proposal requires no significant structural reconstruction or renovation and its proposed uses are permitted within the CU zone. This proposal was circulated to internal City departments and external agencies for comment. Staff received no objections. Site and Neighbourhood The Subject Property is designated as Medium to High Density Residential in the Municipal Plan and is zoned Uptown Commercial (CU). The parcel is approximately 426 square metres just outside the Primary Centre designation with approximately 13 metres of frontage near the intersection of Carleton and Coburg streets. The immediate area is predominantly multi -unit residential with some commercial and institutional uses scattered throughout the neighbourhood. An adjacent Major Community Facility (CFM) site to the east belongs to the University of New Brunswick, and the adjacent site to the west is Urban Centre Residential (RC) as well as surrounding buildings zoned Uptown Commercial (CU). The existing building at the Subject Property was built around the year 1900 and retains much of its historical integrity and architectural features. The building is not protected under a Heritage Conservation Area. Being just outside the Primary Centre plan designation, the site is integrated into the city's pedestrian network and nearby transit routes connecting at King's Square. Municipal Plan Schedule B of the Municipal Plan designates the property as "Medium to High Density Residential". This permits a wide range of housing types predominantly providing higher density housing forms including apartments and townhouses as well as mixed -use developments and live/work forms of development or home occupations. The General Urban Design Principles found in the Municipal Plan focus mainly on new developments, the adaptive reuse of this former residential property continues to preserve the general character of the area including the established street wall and built form of the area. Central Peninsula Secondary Plan The proposed development is located within the west end of the Upper Waterloo Village area which has a built form comprised predominantly of traditional two and three story residential and commercial buildings. The continued use of the Subject Property as proposed ensures the established characteristics are upheld. Although the Subject Property does not front onto a collector or arterial road, nearby Coburg Street is a collector road and the Subject Property's proximity to the intersection of Carleton and Coburg streets as well as the surrounding land uses makes this proposal in keeping with the pertinent policies set out in the Secondary Neighbourhood Plan for the Central Peninsula. Moreover, the proposed use of an Information Technology office does not differ in any logistical manner from a planning perspective from the previously established use as a law office. Since the implementation of the Secondary Neighbourhood Plan, a Parking Exemption Area has been established which maintains zero parking requirements. The Subject Property is located within this boundary. Page 3 of 5 219 Jeremy Miller 117 Carleton Street April 14, 2022 Zoning and Section 59 Amendment The proposal conforms with the Subject Property's current zoning: Uptown Commercial (CU). The zone supports the greatest mix and highest density of commercial land uses in Saint John, with a focus on bolstering the Uptown area with wide ranging uses, appropriate urban standards, and balanced mixed uses regulations. Approval is being sought to use the building as a business office —specifically an information technology (IT) office— on the main level with plans to establish a dwelling unit on the second floor. Excess space in the IT office would be used as a co -working space where individual customers would rent for temporary office use. While permitted by the underlying CU zone, a condition imposed on the 2008 rezoning limits the non-residential use of the site to a law office, consistent with the 2008 proposal. This proposal requires no significant structural reconstruction or renovation and are permitted uses within the CU zone. This proposal was circulated to internal City departments and external agencies for comment, including the Fire Department and Infrastructure / Public Works and Transportation. Staff received no objections from these departments and agencies. Given this, Staff support rescinding the Section 59 condition which limits the use to a law office. Staff also recommend the condition requiring a site plan also can be rescinded as this is now a requirement of any building permit application. Conclusion As the use of a law office and the use of a business office (information technology office) are similar, the amendment to the Section 59 conditions is appropriate from a planning perspective. Through the removal of the Section 59 conditions, the site will be given flexibility to facilitate future development which aligns with the CU zone and the other conditions and regulations established in the City's Zoning By-law. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are recommended. ENGAGEMENT City In accordance with the Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on April 4, 2022. The Section 59 amendment was posted on the City of Saint John website on April 11, 2022. Page 4 of 5 220 Jeremy Miller 117 Carleton Street April 14, 2022 APPROVALS AND CONTACT Author I Manager I Commissioner Peter Johnston, MPlan I Jennifer Kirchner, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Peter Johnston Telephone: (506) 333-6282 Email: peter.johnston@saintjohn.ca Application: 22-0025 APPENDIX Map 1: Site location Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan and Secondary Plan Review Submission 1: Floor Plan Page 5 of 5 221 PW - (D U N fQ U Q N OL N C/) 0- J-' x o N CN 1 N 4j$ 4,40 0 Y o 0 0 0 LO M N o v 0 0 o 0 N m o � O O U_ CO 0 0 Z (7 Tu a) N N a) 2 c U) O N N U � E as c o E as a) J � d LL N a) i a) ns � d L U N a) Q N H p CDd N N O N m N N P "�m , E (0 E CD 0) C� CD �i� o Cl LO CD CD CD O C'j O CD co C) CD' Z 2 z C) LL C)LL C) C) C) C) C) C: 0 U) C: 7FD 0 2 m C: • 0 Lo N O 0 =3 2 CN CN ? C) U) 0- CN C) CN r pi Attachment 2: Municipal Plan and Secondary Plan Policy Review Municipal Plan Policy LU-45 Within the Medium to High Density designation, permit a range of housing types with an emphasis on the provision of higher density housing forms such as apartment, condominium, and townhouse units. Nothing in the Municipal Plan, however, shall be interpreted to prohibit lower density forms of residential development in this designation, provided that minimum residential density targets have been met for the Intensification Area as a whole. Other compatible uses may be permitted in the Medium to High Density designation without amendment to the Municipal Plan including, but not limited to convenience stores, home occupations, neighbourhood retail uses, parks, and community facilities. LU-47 Establish provisions in the Zoning Bylaw allowing for mixed -use development in the Medium to High Density designation that includes the following general types of land use: (a) Residential development and Community facilities; (b) Appropriate retail and office uses; and (c) Live/work forms of development or home occupations. LU-48 Consider proposals to establish mixed -use development in the Medium to High Density designation through a rezoning process. Proposals must demonstrate conformance with the following requirements: (a) The property is located on a collector or arterial street as illustrated on the Transportation map (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 public transit route and is easily accessible by a range of transportation modes; 117 Carleton St. Assessment The Medium to High Density designation is the once of the main designations established within the Central Peninsula. The proposed development aligns with this designation by establishing an active ground floor use and continuing to provide a residential use on the upper floors. This proposal will contribute to the appropriate proliferation of mixed -use developments throughout the Medium to High Density designation area, by establishing a ground floor commercial use and an upper floor residential use. The proposed development connects to the City's pedestrian network and is in close proximity to the major transit hub located at King's Square. The proposal also maintains the commercial use on the ground floor and the residential use on the upper floors. This policy has limited applicability with regards to this proposal as no rezoning is required. f�1Xl (c) The ground floor frontage of buildings facing collector and arterial streets is generally devoted to retail and commercial uses; and (d) Residential development is generally located on the upper floors of buildings. Secondary Plan Policy 117 Carleton St. Assessment BD-1 The proposal does not include any major Ensure development is consistent with and renovation work that would compromise the respects the established historic architectural integrity of the existing building, nor block and street grid pattern that defines the built will it impact the established street wall of the character of the Central Peninsula. area. BD-7 The existing three -storey building retains the Ensure the massing of buildings considers and unique character of the Waterloo Village and protects the pedestrian street level maintains the pedestrian street level experience experience, including sky views and sunlight with optimal building and street interface and no penetration to the street while minimize changes to the established sunlight patterns of the wind. area. BID-1 1 The proposal and existing building is in keeping Outside of the Trinity Royal Heritage Conservation with the neighbourhood context, maintaining its Area, ensure street wall heights three-story structure as a mixed -use building. maintain a comfortable, human scaled street enclosure, generally a maximum of five storeys in commercial areas and two storeys in residential neighbourhoods. 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Ph -ono, 658- 91 i Fax: 6 2-6199 General Anpka 1ff1 FOTM GROWTH & COMMUNITY SERVICES CITE" OF SAINT JOHN Ilow LOCATION CIVICADDRESS: 117 Carleton St. PIDft: I 100037598 H HERITAGEAREA: Y/ N INTENSIFICATION AREA: Y/ N FLOODRISKAREA: Y/ N APPROVED GRADING PLAN: Y/ N U. APPLICATION #: DATE RECEIVED: `^ RECEIVED BY: APPLICANT EMAIL PHONE Jeremy Miller jeremy@northserv.com 1-902-301-8249 z O MAI LING AD DRESS POSTAL CODE a 117 Carleton St, Saint John, NB E21- 2Z6 CONTRACTOR EMAIL PHONE O LL Z MAI LING ADDRESS _ POSTAL CODE Q M OWNER EMAIL PHONE aJeremy Miller & Shelby Estabrooks jeremy@northserv.com 1-902-301-8249 MAI LI NG ADDRESS POSTAL CODE 117 Carleton St, Saint John, NB E21- 2Z6 PRESENT USE: Residential PROPOSED USE: Commercial/Residential BUILDING PLANNING INFRASTRUCTURE HERITAGE QINTERIOR RENOVATION NEW CONSTRUCTION VARIANCE C STREET EXCAVATION HERITAGE DEVELOPMENT F- �EXTERIORRENOVATION �ACCESSORYBLDG []PLANNING LETTER []DRIVEWAY CULVERT HERITAGE SIGN F- ADDITION POOL DPAC APPLICATION DRAINAGE EIHERITAGEINFILL Q DECKDEMOLITION COUNCILAPP WATER&SEWERAGE HERITAGEDEMO u �CHANGE OFUSE SIGN �SUBDIViSION OTHER OTHER 2 u DMINIMUMSTANDARDS OTHER OTHER U. This property was previously used entirely as a la er's office. We have purchased the property a O hd and intend to live on the top 2 floors while using the first floor as an IT Company Office. We also b _ oc-structil4al changes am necess6ry except for the Construction of a non -permanent wall to i olate othe first floor from the second floor (all floors have exterior entrances on the back of the building). F71I 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 henrg collected in order for the Qg t f Sarni John to dehrer an existing program se"ice. the colleNron is limited to dial which is Precessary to dehrer the program service Unless required to do so by law the 00r i f Saint John --rill Prot share yrnrr persmial urfarmation uvrh airy rhird parry uvthow your express consent The legal uuthori y for collecting this irrforawlion is to he fcnrird rn the k1rimcrpahties Act aird fire Right to Irfornmitan and Prineciron of Primey Act For further mfornianon or questions regarchirg the collecnon ofpersonal information. please contact the Access & Prirug Officer Cnr v Hall Airildnrg 15 Alarket SquareSam[ John, NB F21, JEW camrnnntlrrk(it�sauilluh» rn (506) 658-2862 srcq.t�wpr I. the undersigned, hereby apply for the permit(s) or approvol[s), indicated above for the work described on plans, submissions and forms herewith submitted. this appiration includes all relevant documentation necessary for the applied for permit[--) or approvol(s). I agree to comply with the plans. specifications and further agree to comply with all relevant City By -lows and conditions imposed. Jeremy Miller _ ApppantName AppSigna m Jan 30th, 2022 Date 1►zEl1 0'eai6nt Shop PI.ANNI INFRA5[RL2`It 9l1 SArtYr )011SV Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1117 Carleton St. APPLICATION # FEE PAID I Y I N TYPE OF APPLICATION Land for Public Purposes Release Service Fee: $300 Section 59 Amendment Service Fee: $2,650 Non -Conforming Use Service Fee. $200 Zoning By-law Amendment Service Fee: $2,650 ❑ Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 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. This property was previously used entirely as a law er's office and there is a zonincLrestriction that the commercial use of the building is restricted to a lawyer's office only. We have purchased the property and intend o live on the top 2 floors while using the Tirst floor as an I I company office. Vve structural changes are necessa except for the construction of a non -permanent wall to isolate the first floor from the second floor (all floors have exterior entrances on the back of the building). ENCUMBRANCES I 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. gaisteredpwrier or Authorized Agent Additional Registered Owner January 31, 2022 January 31, 2022 Date 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. Azle Proposed Section 59 Amendment RE:117 Carleton 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 regular meeting to be held in the Council Chambers on Monday May 2, 2022, at 6:30 p.m., by: 1. Amending the Section 59 conditions imposed on the March 17, 2008, rezoning of the parcel of land, located at 117 Carleton Street, also identified as PID 00037598, to permit a revised proposal. rue Sewell St C N O N n LQ 4J rue Carleton St' REASON FOR CHANGE: To allow for additional commercial uses. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerka-saintiohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintoohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk(a)-saintiohn.ca All submissions will be provided to Common Council for consideration as part of the public hearing process. 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 Projet de modification de I'article 59 Objet : 117, rue Carleton Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 2 mai 2022 a 18 h 30, en apportant les modifications suivantes : 1. Modification des conditions de I'article 59 imposees relativement au rezonage du 17 mars 2008 de la propriete situee au 117, rue Carleton, et portant le N I D 00037598, pour permettre la preparation d'une proposition revisee. fPzVA rue Se,�ell5t. G Q P S N U i� Ole � U7 rue �rlet°n 5t. RAISON DE LA MODIFICATION: Permettre d'autres usages commerciales. 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 titre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Q, 11:3 Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'h6tel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Toutes Ies presentations seront fournies au conseil communal aux fins d'examen dans le cadre du processus d'audience publique. 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 Proposed Municipal Plan Amendment Re: 1461 Manawagonish 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 that would: 1. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 0.25 hectares, located at 1461 Manawagonish Road, also identified as PID 00397539, from Regional Retail Centre to Stable Area, as illustrated below; 2. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.25 hectares, located at 1461 Manawagonish Road, also identified as PID 00397539, from Regional Retail Centre, to Stable Residential, as illustrated below. 4rI'lMa/D Faa` 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 on Monday, May 2, 2022. Reason for Change: To permit a residential development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 1, 2022 Enquiries may be made at the office of the Common Clerk or Growth & Community 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. f►I&7i7 Jonathan Taylor, Common Clerk (506) 658-2862 Projet de Modification du Plan Municipal Objet : 1461, rue Manawagonish 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: A I'annexe A du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0.25 hectares, situee au 1461, rue Manawagonish, egalement identifie comme NID 00397539, qui passera de centre regional de commerce de detail a secteur stable, comme illustre ci-dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0.25 hectares, situe au 1461, rue Manawagonish, egalement identifie comme NID 00397539, qui passera de centre regional de commerce de detail a secteur residentiel stable, 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 I'hotel de ville, le lundi 2 mai 2022. Raison de la Modification : Permettre un developpement residentiel. Les objections ecrites a la modification proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le 1 juin 2022. 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 251 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 (506) 658-2862 PM Development Shop I L'..::`::,:c= LI ILI''::`;:; I::i h..'•.ti Il�.i I � I.I. S/1II\T JOI-Ili onestop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : 1461 Manawagonish Road PID # : PID 00397539 N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N D LL APPLICATION #: DATE RECEIVED: Q `^ RECEIVED BY: APPLICANT Hughes Surveys & Consultants Inc. EMAIL PHONE z on behalf of the Brenan Group Ltd. rick.turner@hughessurveys.com (506)634-1717 O MAI LING ADDRESS POSTAL CODE Q 575 Crown Street, Saint John, NB E21L 5E9 CONTRACTOR /DEVELOPER EMAIL PHONE O z — H MAI LING ADDRESS POSTAL CODE Z Q U J OWNER EMAIL PHONE a Brenan Group Ltd. Bill MacMackin <bill@selectfh.ca> 506-647-4931 Q MAI LING ADDRESS POSTAL CODE c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21L 5E9 PRESENT USE: Funeral Home presently vacant PROPOSED USE: Renovate into Residential Apartments >- BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION ❑ NEW CONSTRUCTION ®VARIANCE ❑STREET EXCAVATION HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAY CULVERT ❑ HERITAGESIGN ❑ ADDITION ❑ POOL ❑ PAC APPLICATION ❑ DRAINAGE ❑ HERITAGE INFILL J Q ❑ DECK ❑ DEMOLITION ®COUNCILAPP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y w ❑ CHANGE OF USE ❑ SIGN ❑SUBDIVISION ❑ OTHER ❑ OTHER 2 U ❑ MINIMUM STANDARDS ❑ OTHER ❑OTHER o The proposal is to: z 1) Request a Municipal Plan Amendment from Regional Retail Centre to Stable Residential, 2) Rezone the property from Commercial Corridor to Multiple Residential. a 0 The attached Details of Proposal provides a detailed description of the amendments requested. U V) w 1711 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 authorityfor 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 ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 8th Floor - 15 Market Square Saint John, NB F2L IF8 commoncl erk a)saintiohn. ca (506) 658-2862 •me ury orsane io„n 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 of Brenan Group Ltd. - Brenan Group Ltd - Richard Turner Bill MacMackin Applicant Name Owners Authorization Applicant Signature Owners Signature March 30, 2022 March 30, 2022 Date Date NX eeWipp Council Application t entsrShop r�o GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1461 Manawagonish Road APPLICATION # FEE PAID I 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 X 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. The proposal is to: 1) Request a Municipal Plan Amendment from Regional Retail Centre to Stable Residential, 2) Rezone the property from Commercial Corridor to Multiple Residential. The attached Details of Proposal provides a detailed description of the amendments requested. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. We are unaware of any easements, restrictive covenants or encumbrances affecting the Subject Site 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.- Rick Turner on SEE AUTHORIZATION ON GENERAL behalf of the Brenan Group Ltd. APPLICATION FORM Registered Owner or Authorized Agent Date March 30, 2022 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. I4OZI Project Description Municipal Plan Amendment and Rezoning 1461 Manawagonish Road, The following information is submitted to support the request to amend the Municipal Plan and rezone the subject property know as PID 00397539 . If approved the Municipal Plan designation will change from Regional Retail Centre to Stable Residential which is the designation for much of the surrounding neighbourhood is designated. The present zoning is Commercial Corridor (CC) which would be changed to Mid -Rise Residential (RM). The intended use is to renovate the presently vacant building to a multi - residential apartment building. Background The property, which is presently vacant, was used as a funeral home until July 2021. The operator of the funeral home acquired another facility and consolidated and expanded their operations at another West Saint John location. The property has been listed since that date and the owner recently received an I offer to purchase the property conditional on the present owner applying to rezone the property to Multi -Residential (RM). The purchaser intends to renovate the existing building and has been working with the owner to provide the submitted information to show the purchasers vision of how the property will be redeveloped. General Information Respecting the Municipal Plan Redesignation The area along Manawagonish Road had been transitioning from commercial to residential prior to the latest Municipal Plan review. The development of new space in the plateau area of Fairville Boulevard has been drawing business away from the businesses near the intersection of Fairville Boulevard and along Manawagonish Road and continues to do so. The subject property is an example of the desire to continue this transition. Since the property fronts on Manawagonish Road a Stable Residential designation seems appropriate. With relatively new townhouses and apartment building to the west of the subject property we submit that over time the transition of commercial property fronting on Manawagonish Road east of the Subject Site may follow this trend. It is worth noting the two properties west of the Subject Site have limited ability to access Fairville Boulevard due to topographic constraints. With the onset of Covid working in commercial office space has become less appealing to workers who have trended toward working from home using VPN connectivity, virtual meetings and other technology and methods. A trend accepted by many employers and appears to be here to stay. In addition, during the past two years the retail sector has had to adopt to the on -line -shopping trend which is causing companies to rationalize their commercial space requirements. These factors are expected to significantly slow the pace of commercial development for some time in the future. From the standpoint of the residential development sector, working from home has opened a market for additional space demands to offer work -at-home offices in apartments as owner occupied home prices increase leaving more and more people out of the market. This will increase pressure for development of a full range of rental units as people seek out affordable accommodations or larger rental units depending on their situation. Thus, the conversion of commercial space to residential, as Page 1 of 4 with this application, can be expected to continue. Since the Subject Site is at the edge of, and not central to, a commercial zone, is also a factor worthy of consideration. In addition to the above factors, we offer the following commentary with respect to policies in the Municipal Plan that support this application. POLICY POLICY STATEMENT COMMENTARY HS-13 Encourage the location of affordable The purchaser has affordable housing units housing throughout the Primary through a provincial program therefore will Development Area, particularly in close take it into consideration. No application proximity to shopping, community has been made as zoning should be in place facilities, and existing or potential public first. transit routes. TM-39 Emphasize streetscaping along Arterial Manawagonish Road is an Arterial street and Streets and Collector Streets by utilizing the following items will be incorporated into such means as: the project to positively contribute to Policy a. Landscaping; TM-39 b. Street trees; a. Streetscape landscaping and barrier curbs c. Limiting curb cuts and left turns; will be added. e. Controlling signage on fronting b. Addition of street trees. properties; c. A wide curb cut will be reduced. e. Commercial signage removed. TM-43 Develop a traffic calming policy for A traffic statement is being provided and any residential streets where excessive vehicle recommendations provided will be speed and/or inappropriate through traffic incorporated in the project. volumes are impacting quality of life. Traffic calming measures such as street design techniques and enforcement would be considered as part of an overall traffic calming plan for a neighbourhood. MS-24 Requirethe management of stormwater in While this is an existing mature site minor accordance with the Storm Drainage site changes are anticipated. The changes, Design Criteria Manual through albeit minor, will replace pavement with appropriate Bylaws, policies and landscaping therefore a positive contribution procedures. to runoff. 1-22 Continue to improve opportunities for Proponent neighbourhood engagement will ongoing public involvement in municipal be undertaken through delivery of notices by Government and decision making through the applicants representative inviting methods including but not limited to: comments and welcoming them to a. Participation in Council and Council participate in the Planning Advisory Committee processes; Committee meeting and Council public hearing virtually, in person or by providing comments or concerns for or against the proposal. Page 2 of 4 P47.1 Site Rezonin Rezoning of the property from Commercial Corridor to Multi -Residential is hereby requested. Much of the rational for justification the Municipal Plan amendment submitted in this application also applies to the rezoning request. The existing building is ideal for conversion to apartments. Exterior modifications to the facade will be to remove the commercial signage and add two egress windows to the western facade of the building. All remaining features of the structure will remain as presently exist. In many respects the exterior of the building, with its window styles, roof lines and other accents has more of a residential look than commercial. Aerial Photos (3) of the building are included with this submission. With reference to our site plan site work required, based on our proposal, will see the front yard area along Manawagonish Road landscaped out to the sidewalk and the westerly access will be closed off. In the parking area the manoeuvring space previously used for funeral processions will have some additional parking lines added to meet or exceed the by-law requirements for the project. The parking lot will continue to cross over the easterly boundary and in the long term when the property to the east is developed a reciprocal agreement for the access and parking will be utilized as provided for in the Zoning By-law. Zoning By-law Compliance The building, when renovated, will contain up to 18 apartments. A breakdown of the unit count and number of bedrooms is as follows: 8 x 150 sq m = 1200 sq m required for 8 -two bdrm units. 10 x 105 sq m = 1050 sq m required for 10 - one bdrm units. Total area required is 2250 sq. m. Site contains 2467 sq. m. Provided are 21 spaces with three being barrier free. Parking required is 18 spaces with 1 being barrier free. Parking requirements are more than required, but it is worth noting the purchaser has affordable housing units in other facilities they own. While no application has been made under the provincial program any potential subsidized units often result in a reduced parking demand. The building is an existing structure with no additions proposed to the footprint and no new property lines are being created. On the west facade there will be two windows added so for building code considerations the windows will be approximately 2.5 metres from the westerly property line. Variances for Landscaoin2 along Manawagonish Road The modifications to access and addition of landscaping will result in a more appeal look however existing conditions will not bring this arrangement into compliance with by-law provisions. To maintain existing parking and other improvements along the front of the building variances will be required. Further discussion with staff in this respect is required in order to determine whether adjustments to landscaping width or parking access width would be preferred. While it is preferred to avoid parking in front of multi -residential developments the existing built form is presently developed in that manner. Retaining the parking spaces and parking aisle blends into the existing conditions. An arial photo is provided to illustrate this. It includes a possible future building location on the adjacent property to the east of the Subject Site to demonstrate how the continuity of the front facades could be maintained. Page 3 of 4 P49YA Traffic Statement CBCL have been engaged to provide a traffic statement to address various aspects of the proposal as part of this submission. In discussions with the traffic engineer it is apparent there may be issues with the driveway access to Fairville Boulevard which they will have addressed in their submission. There is a potential ownership issue which we hope to have resolved prior to the staff report being issued. If the Fairville Boulevard access is problematic we show an option as to how it may be closed off, if required, although it would be preferred if it could remain in use. Water and Sewer Demands Fundy Engineering and Consulting Ltd. have been engaged to address servicing requirements. Their water and sewer demand calculations have been submitted as a component of this application. We understand the water service to the site is a 1 " copper lateral. Based on the number of units this line will likely have to be replaced with a larger diameter service. Public Engagement Information will be distributed to neighbouring properties advising them of the purchasers plans. The notice will include an invitation to contact the purchaser's and present owners' representative with any questions or information that might interest them. All inquiries will be summarized and submitted to city staff for inclusion in the staff report to the Planning Advisory Committee. Respectfully submitted, Hughes Surveys & Consultants Inc. Rick Turner Page 4 of 4 P491:3 MMAL= it IN LO CN m �f 0 ' 0 LO / V O ♦ _ � C3 O O �� s ♦ O ♦ O O O a 877.635.1566 ! fundy@fundyeng.com s www.fundyeng.com City of Saint John 15 Market Square Saint John, NB E2L 4L1 RE: Expected Sanitary Demand — 1461 Manawagonish Road April 1, 2022 A review of the proposed development at 1461 Manawagonish Road has been completed to determine the expected sanitary demand based on the provided information. The proposed development is a 18 multi -unit residential project. In accordance with the Atlantic Wastewater Guidelines Manual, the expected daily sewage flows are as follows: - Average Daily Sewage Flow — 18,666 Liters/Day - Peak Sewage Flow — 28,000 Liters/Day I trust this information is satisfactory for your present needs. Please feel free to contact me via telephone at 506.635.1566 or by email at ryan.gosson@fundyeng.com if further clarification or explanation is required. Respectfully Submitted, Ryan Gosson, P.Eng FUNDY ENGINEERING & CONSULTING LTD. DeV�ent Shop V pnn RESIDENTIAL / NON-RESIDENTIAL DEVELOPMENT CONCEPTUAL SANITARY DEMAND INFORMATION _ Development Name. 18 Unit Multi -Residential Unit Project Address: 1461 Manawaganish Road Owner. Contact Info — Number / E-mail: Russell Carson 471-6952 Applicant. Contact Info — Number / E-mail: Russell Carson 471-6952 Engineering Consultant. Contact Info — Number / E-mail Fundy Engineering 635-1566 PROJECT INFORMATION RESIDENTIAL _ NON-RESIDENTIAL Number of Units: 11 18 Number of Units: Number of Bedrooms per Unit: N Type of Units: Varies (i.e. restaurant, commercial, office, Estimated Persons per Unit: etc.) Varies Development Use (check which is applicable): Please provide back-up illustrating assumptions for calculated leak sanitary design flows Residential Only Non -Residential Only Mixed Residential & Non -Residential Municipal Connection Point Description: (Provide a general location of new service/main to be connected to municipal system) Manawagonish Road Phased Development: Will the Development be phased? Yes No If the Development will be phased please detail estimated phases in the table provided. If development is not planned to be phased please complete Phase 1 only for full development. September 2019 Rev2 Total Expected Total Expected Estimated # Phase # Sewage Flows: Peak Sewage of Years to I (L/day) + Flow: (L/day) Construct Each Phase Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 18,666 i 28000 1 1 P a g e NOW DeviloMent Shop RESIDENTIAL /NON-RESIDENTIAL DEVELOPMENT CONCEPTUALSANITARY DEMAND INFORMATION Expected development information inputs from the Developer to the City of Saint John: • The Developer shall complete and submit this form to the City of Saint John. The Developer shall provide back-up information and calculations illustrating assumptions for all calculated peak sanitary design flows. Potential Outputs for the Developer from Information Provided. • At this time, based on the information provided, SJW does not see any issues with the proposed development in relation to the downstream sanitary sewer system. At this time, based on the information provided, SJW does see issues with the downstream sanitary sewer system when incorporating the proposed development flows, thus further discussions between the Developer and City are required as potentially more in-depth analysis and/ or investigation may be required to be completed by the Developer for the proposed development. Signature of Applicant/ Engineering Consultant: Date: 4/1 /22 September 2019 Rev2 2 1 P a g e Solutions today I Tomorrow®mind BEST MANAGED MMMM CenterBeam Place, 14 King Street, Suite 420 COMPANIES PO Box 20040, Saint John, NB E2L 1G2 506-633-6650 I CBCL.co I infona CBCL.ca April 8, 2022 Russell Carson 7532709 Canada Inc. 156 Rookwood Avenue Fredericton NB E313 0135 russellcarson10@gmail.com Dear Mr. Carson: RE., Traffic Impact Statement, 1461 Manawagonish Road CBCL Limited (CBCL) was engaged to complete a traffic impact statement for the proposed redevelopment of the former Brenan's Funeral Home at 1461 Manawagonish Road in SaintJohn, NB. This letter describes the findings from our evaluation of traffic concerns and summarizes our findings and suggestions. Project Background The existing funeral home building is planned to be converted into an apartment building with 10 one -bedroom units and 8 two -bedroom units (18 units total). The existing property consists of two parcels: • A westerly parcel with an existing building, asphalt parking lot, and three accesses (two on Manawagonish Road and one on Fairville Boulevard); and, • An easterly parcel with the continuation of the same asphalt parking, and one access on Manawagonish Road. The easterly parcel may be developed at a later date and has not been considered for this traffic statement. The site plan shown in Figure 1 illustrates how two existing accesses on Manawagonish Road will be reduced to a single two-way access to the property. The Manawagonish Road driveway to the easterly parcel will remain. The existing access from Fairville Boulevard is also shown to be eliminated as it crosses a small land parcel that is under separate ownership. An initial scoping meeting was held with staff from the City of Saint John to solicit their concerns with respect to traffic impacts to the site and establish objectives for this study. The following outcomes were identified for the study: Solutions today I Tomorrowomind 267 Russell Carson April 8, 2022 Evaluation of sight distance at access onto Fairville Boulevard - due to the vertical and horizontal curvature on Fairville Boulevard, there is concern whether sufficient sight distance is available to the east for drivers using this access. The issue with the small land parcel was also raised. Comparison of peak hour trips - due to the change in land use (i.e., funeral home to residential), City staff would like to see a comparison of existing vs. proposed peak hour trips. Commentary on the potential need for a sidewalk on the south side of Manawagonish Road. A review of the site plan was also carried out to provide commentary on aspects of access, parking, and vehicle circulation. 3-nl III I • 1111 I- �41 wtl i �'�I'•'r lyl• ',yam .. A � - SL- 1 1• n �1-• •• � ••I• III 1-r VrErtl il•.I • I Ili I•�1 I- 'YI 111.. , I� Ir._,-.....�.-. n 111 I It+rar�•ml il'I• I i l •�II I •'IY'L•IT1 I� I•yl ' nll • III I I i I'll rn I ri il'I 'I jfl 117 1 ylilil I. 1 n 1 I I I ' i I Y • r. l it I'i r ri i n' III! rl I'1 .I4. 1' 1*1 'y1IjY1. :i: - IY r 1 Inl T I II I� I lr ry 'K LI � •' �''' � t<g1 Aiana al7rl l'I ��ad. Clay of III Fn. s . y -MrA ahn e_.. 41 Hranarlrk 1.EiaEHO ire u� 1n awayS .,. �•,...,, a al •h µ sx. }'� . ly;. •' . H • 1 •; • 11 E i l 1 nrsm+ +STrm A 1O1l�iG�..YT+ TT". r-e[ 11 p� � i�� it •�+• I Figure 1 Site plan for 1461 Manawagonish Road (Site Plan courtesy of Hughes Survey & Consultants Inc.) Page 1 2 268 Russell Carson April 8, 2022 A site visit was conducted on April 4, 2022, to measure the available sight distance at the access onto Fairville Boulevard. Both Stopping Sight Distance (SSD) and Turning Sight Distance (TSD) were evaluated during the site visit; SSD is the distance between a vehicle and an object on the road that would allow a driver to recognize the object and come to a stop, whereas TSD is the distance for a stopped vehicle to recognize an oncoming vehicle prior to executing a right or left turn. As Fairville Boulevard is a provincially designated highway (Route 100), New Brunswick Department of Transportation and Infrastructure's (NBDTI) Minimum Standards for the Construction of Subdivision Roads and Streets, May2017, was consulted for the evaluation of sight distance. This publication has slightly more conservative values for sight distance evaluation than the Transportation Association of Canada's (TAC) Geometric Design Guide for Canadian Roads NBDTI has minimum sight distances published for both SSD and TSD, which are dependant on the speed of vehicles on the major road. While the posted speed limit on Fairville Boulevard is 50km/h, operating speeds were observed to be somewhat higher than the posted speed limit. While speed data was not collected as part of the scope of this study, varying operating speeds were analyzed to determine the minimum SSD and TSD required for each operating speed. A summary of this comparison for sight distance available to the east of the access on Fairville Boulevard is shown in Table 1. Sight distance available to the west of this access was determined to be in excess of approximately 200m. Table 1 Sight distance evaluation east of Fairville Boulevard access 50 km/h 65m 115m (Posted) -70m -85m 60 km/h 85m 135m 70 km/h 110m 160m Evident from Table 1, the available sight distance does not fully comply with the minimum SSD and TSD for operating speeds between 50 km/h and 70 km/h. Since the available sight distance is insufficient for the operating speeds listed, it is suggested this access be removed. Page 1 3 269 Russell Carson April 8, 2022 Due to the change in land use from a funeral home to a residential apartment building, the relative change in peak hour trips during the morning (AM) peak hour and afternoon (PM) peak hour were analyzed. The AM and PM peak hours were assumed to fall between 7:00-9:OOAM and 4:00-6:OOPM, respectively. First principles of trip generation were used to establish a baseline of existing traffic volumes for the previous land use; this involved soliciting data from the previous owners on the number of trips that were typically observed during both peak hours. Following consultation with Brenan's Funeral Home staff, it was stated that approximately 7 employees would access the site on a regular basis (i.e., arrive to work during the AM peak and leave work during the PM peak). While trips to a funeral home also include people attending wakes and funeral services, the number of people attending these services can range from approximately 20 people to 100 or more. It was assumed that an average of two people would travel together in a single vehicle for a service; this would translate to a range of 10-50 vehicle trips to the site. A brief analysis of past services times held by Brenan's across their facilities was carried out to determine a profile of the times and days of the week when services were typically held. Table 2 summarizes the findings of the sample by day of week and whether it occurred during a peak hour. A sample size of 20 past services were included. Table 2 Historic service times AM Peak Hour PM Peak Hour Off -Peak Hours 0 0 3 Weekday Sunday Monday 0 1 6 Tuesday 0 0 1 Wednesday 0 0 1 Thursday 0 1 1 Friday 0 1 3 Saturday 0 0 2 TOTAL 0 3 17 Previous services appear to vary by day of week, with the most occurrences being on a Monday during off-peak hours. The majority of services are shown to be held during off-peak hours. Therefore, traffic previously associated with funeral services were not expected to have significant impact on traffic during typical peak hours. Based on the estimated employee trips, and negating trips associated with services, the estimated AM and PM peak hour trip generation for the funeral home is presented in Table 3. Page 1 4 270 Russell Carson April 8, 2022 Table 3 Trip generation for the existing funeral home Rate Inbound Outbound Trips Trips Total In I Out I Trios AM Peak Hour of Adjacent Street Traffic N/A N/A N/A 7 0 7 PM Peak Hour of Adiacent Street Traffic N/A N/A t N/A 1 0 7 7 To estimate the AM and PM peak hour traffic for the proposed development, trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, were used. Rates published in this manual are widely accepted by the traffic engineering community, as they are based on empirical data. The ITE land use that would most closely resemble the proposed residential development would be LU Code 220 for "Multifamily Housing (Low -Rise)". The corresponding rates were used to estimate the total number of new trips entering and exiting the site during the AM and PM peak periods for the proposed development, as summarized in Table 4. Table 4 Trip generation for the proposed development [Low -Rise]) ITE Land Use Code 220 (Multifamily Housing 18 Total Units Rate Inbound Outbound Trips In 779 0.46 23% 77% 2 7 AM Peak Hour of Adjacent Street Traffic 0.56 63% 37% 7 4 11 PM Peak Hour of Adjacent Street Traffic Evident from the comparison of the existing and proposed site trips, the difference in the number of trips is expected to be quite marginal; an additional 2 and 4 trips are estimated to be introduced during the AM and PM peak periods, respectively. Due to the low volume of new traffic volumes estimated for the proposed development, traffic operations on Manawagonish Road are not expected to be noticeably impacted by the proposed development. The site is currently serviced by sidewalk on the north side of Fairville Boulevard, although there is currently no sidewalk or pedestrian crosswalk available immediately adjacent to the proposed development on Manawagonish Road. There is sidewalk on the south side of Manawagonish Road that terminates approximately 20m to the west of the existing access to the property. A paved shoulder is also present along the curb line on the north side of the Manawagonish Road at approximately 1.5m wide. While there is sidewalk available on the Page 1 5 271 Russell Carson April 8, 2022 north side of Manawagonish Road, there is no dedicated pedestrian crosswalk for future residents to access the existing sidewalk. This gap in the City's sidewalk network would not promote the use of active transportation by residents of the proposed development, and could be especially problematic for persons with disabilities. The adjacent motel also appears to lack direct access to sidewalk infrastructure. The nearest curb drops to access the existing sidewalk on the north side of the road are 65m to the west of the proposed access and 55m to the east. Therefore, it is suggested that City staff consider continuing the sidewalk along the south side of the Manawagonish Road from its current termination at Civic 1465 to the west side of the intersection of Manawagonish Road and Centennial Drive. It is expected that a dedicated pedestrian crossing on the west side of this intersection with pertinent traffic signage and pavement markings would be appropriate. The site plan was reviewed to provide commentary from a transportation perspective on access, parking, and general maneuvering through the site. Access to the property is shown to be significantly improved by reducing the width of the existing access to 9.Om as shown. While the dimensioning for the curb radii for the driveway access are not shown, they appear to be small (-1 m); it is suggested to increase to a radius of 3.0-5.Om to provide better maneuvering for turning vehicles. The access to Fairville Boulevard is shown to be closed and should remain as such. Vehicle circulation throughout the site and parking arrangement appear to generally use the existing layout, with the proposed addition of nine parking stalls south of the main building. Barrier free parking stalls are also shown to remain in front of the building. The potential future building on the easternly parcel is shown to be set back a similar distance from Manawagonish Road as the existing building. Many of the parking stalls will need to be reconfigured if this second phase materializes. Several dead-end parking stalls appear to have been created with the access consolidation on Manawagonish Road and the introduction of the proposed parking stalls, illustrated as Points A and B in Figure 2. The parking stall indicated by Point A to the northwest could impose difficulty being accessed by drivers as they would need to reverse along the length of the driving aisle; it is suggested to incorporate an aisle bump to improve access to this stall. Moreover, the row of 3 parking stalls indicated by Point B to the southwest could impose a similar level of difficulty for drivers accessing these stalls, as described for Point A; it is Page 1 6 272 Russell Carson April 8, 2022 suggested to eliminate this row of parking stalls and extend the adjacent row of parking as shown in blue in Figure 2. By extending the row of parking stalls along the south asphalt edge, this would also serve to close off the area noted by Point C in Figure 2 to vehicles. The ehodad ores w prop—d to - x claeed ett, k,e ing b,Mer curb tgkd a.c..d peauetor .W W.d®coq— bm mrter A VRV . Fling 0.t t Second Cae ng) 1wr P Wd or Bulld k Iacaled un fee Beek rI C i, 11'.+61 Doors !eltani[al ,� e IIuiLpa.Met smWd,bdnp 411 4M a5a rr,awoz,ly 18aty D..k Pa ' g %/ sercs na« j' & Deck ry'F j/`/, Nelr�ing 'Sb WR 69'�75 F9 well Lot I see plan Fie 52 we. t 17 \ Equpmantl �'O Retainlnq Edge W {see ate 7) glell Paaemenl Rele W.1dl Door n� 1'/ LEGEND d Deck @� ,pUe 1pa qn rpyp • p10 55'655B5 '�' PAO 55217®&i wwl m�+a C \ See Plan W. 1 7aa5apa � Allegerily owned t: srepwo arrer eralx nap \ 0A yt466 k /t4el ,/s Hvrry & Alvrjorie Ev srrRlm a� w� stun noun rca lamp � �xnegm r>tn a relnm arl p rams[ .plan A, .a a10 taamnm. aar�rt a � � cpro nkpNwle Mrm avr r uner .¢—oro.—eo. r011lllftll Fli. SAEG TN. Figure 2 Areas of potential improvement (Site Plan courtesy of Hughes Survey & Consultants Inc.) Parking stall depths are shown to be 5.2m, which is slightly less than a minimum depth of 5.5m published by the City of Saint John's Zoning Bylaw; it would be suggested to increase the parking stall depths to 5.5m. Parking stall widths are not shown, but they should be 2.7m wide at a minimum as per the City's Zoning Bylaw. Driving aisles are shown to vary between 6.0-6.5m in width, which complies with the City's Zoning Bylaw; however, it would be suggested to implement an aisle width of 7.5m where possible to provide more space for parking maneuvers. The driving aisles appear to provide several points of access to the building along the north, east and south faces for emergency vehicles to pull up. It would be suggested to have the site plan reviewed by Saint John Fire Department staff to evaluate access for their trucks in the event of an emergency. Furthermore, while a garbage enclosure is not shown on the plan, it is suggested to be located where it is readily accessible by a garbage truck without the need to maneuver around parking stalls (i.e., should not be placed on the south -most side of the building near the existing access onto Fairville Boulevard). Page 1 7 273 Russell Carson April 8, 2022 Thank you for the opportunity to complete this traffic impact statement for your proposed development on Manawagonish Road. The statements and recommendations made throughout this letter are summarized below: Remove the access on Fairville Boulevard; The estimated traffic associated with the proposed development are not expected to noticeably impact traffic operations on Manawagonish Road. City staff should consider continuing the sidewalk along the south side of the Manawagonish Road from its current termination at Civic 1465 to the west side of the intersection of Manawagonish Road and Centennial Drive. Increase curb radii for the consolidated access on Manawagonish Road; Enhance accessibility to the dead-end parking stalls in the northwest and southwest areas of the site; Adjust parking stall dimensions to comply with City of Saint John Zoning Bylaw requirements; and, Locate the garbage enclosure where it is readily accessible by a garbage truck. We trust this information satisfies your current requirements. If you have any comments or questions that arise from the review, please reach out to us at your convenience. Yours very truly, CBCL Limited Prepared by: Brendan McPhee, M.Sc.E., P. Eng. Transportation Engineer Direct: (506) 633-6650 E-mail: bmcphee@cbcl.ca Reviewed by: Mark MacDonald, P.Eng. Senior Transportation Engineer CC: Rick Turner, Hughes Surveys and Consultants Inc. Report No: 222849.00 This document was prepared for the party indicated herein. The material and information in the document reflects CBCL Limited's opinion and bestjudgment based on the information available at the time of preparation. Any use of this document or reliance on its content by third parties is the responsibility of the third party. CBCL Limited accepts no responsibility for any damages suffered as a result of third party use of this document. Page 1 8 274 COMMON COUNCIL REPORT M&C No. 2022-150 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Revised Code of Conduct AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Melanie Tompkins Melanie Tompkins I John Collin RECOMMENDATION That Council give 1st and 2nd reading to the attached Code of Conduct. EXECUTIVE SUMMARY The purpose of this report is to introduce the proposed revised Code of Conduct and provide a summary of the changes made to it. PREVIOUS RESOLUTION At its meeting held February 8, 2021 Council resolved as follows: "That Common Council, in partnership with the Cities of New Brunswick Association, approve the Code of Conduct Specialist Request for Proposals to secure a highly experienced and qualified firm/individual to provide Code of Conduct advice/expertise to New Brunswick's Cities on an "as required" basis, with the annual retainer fee costs being shared by participating cities. REPORT The Local Governance Act ("LGA") mandates that local governments shall make a by-law establishing the Code of Conduct for members of Council. Regulation 2018-64 (titled "Code of Conduct Regulation") under the LGA prescribes the following in relation to what is to be contained in a Code of Conduct: a) The values to which members of council are expected to adhere; b) The behavior bythe members of council toward other members of council, officers, employees and residents of the local government, including provisions respecting bullying, discrimination and harassment by members of council; c) The use of local government property, resources and services by members of council; d) The use of communication tools and social media by members of council. PAW -2- In 2019, Council adopted a Code of Conduct pursuant to its obligations under the LGA. Although the current Code addresses those items prescribed in the Regulation, it does not contain an administrative process or detailed enforcement procedures. Staff drafted a proposed revised Code of Conduct that builds in an administrative process and enforcement procedures. The main proposed changes to the Code can be summarized as follows: 1. Some small house cleaning items were done and minor enhancements were made to what was already in the Code; 2. An introductory paragraph to the Values of Council that sets the backdrop to those values was added; 3. An informal and a formal complaint process were added, complete with a prescribed complaint form; 4. Enhanced recourses for violation of the Code were added; and 5. A process to deal with complaints received during an Election Period was added. It is appropriate for Council to give 15t and 2nd reading to the proposed revised Code of conduct. STRATEGIC ALIGNMENT This report aligns with Council's Perform and Belong priorities. By stipulating the values that are to be upheld by Members of Council, the City ensures that its leaders are accountable and their decision making is sound and fair. This, by extension, ensures that this community is welcoming and safe from dishonorable decisions. SERVICEAND FINANCIAL OUTCOMES There will be a cost for an independent investigator to investigate complaints under the Code. This cost will have to be built in the budget on a yearly basis. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS GCO drafted the revised Code of Conduct after having completed an environmental scan of Codes of Conducts in this and other jurisdictions. GCO worked with the City Clerk and the City Manager to develop the administrative and enforcement procedures. ATTACHMENTS Proposed Revised Code of Conduct PAW-1 THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting the Code of Conduct for Elected Members of the Common Council of The City of Saint John Arrete relatif au code de deontologie pour les membres du conseil communal elus de The City of Saint John By-law Number LG - 5 Arrete numero LG - 5 An uncertified copy of this by-law Une copie non certifiee de 1'arrete is available online est disponible en Iigne PxrA -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals # Preambule # 1 Title # 1 Titre # 2 Interpretation # 2 Interpretation # 3 Application # 3 Application # 4 Values of Members of Council # 4 Valeurs des membres du conseil # 5 Behaviour of Members of Council # 5 Comportement des membres du conseil # 6 Conflicts of Interest # 6 Conflits d'interets # 7 Roles and Responsibilities # 7 Les roles et responsabilites # 8 Gifts and Benefits # 8 Cadeaux et avantages # 9 Use of Local Government Property, Resources, and Services by Members of Council # 9 Utilisation par les membres du conseil des biens, ressources, et services du gouvernement local # 10 Use of Communication Tools, Social Media and Freedom of Speech # 10 Utilisation des outils de communication, des medias sociaux, et la liberte de parole # 11 Conduct at Meetings # 11 Comportement lors des reunions # 12 Handling of Confidential Information # 12 Traitement d'informations confidentielles # 13 Complaints # 13 Plaintes # 14 Remedial Action if Contravention Occurs # 14 Mesures correctives en cas d'infraction # f►XE:3 -3- 15 Suspension of Action # 15 Suspension d'action pendant # during Election Period la periode electorale 16 Repeal # 16 Abrogation # Schedule Complaint Form # Annexe Formulaire de Plainte A A PAN611 -4- RECITALS PREAMBULE WHEREAS the Local Governance Act, S.N.B. ATTENDU QUE la Loi sur la gouvernance locale, 2017, c. 18, authorizes and requires local L.N.-B. 2017, ch. 18, autorise et exige que les governments to establish a Code of Conduct By- gouvernements locaux prennent un Arrete relatif law for Members of Council ; au code de deontologie pour les membres du conseil; AND WHEREAS as stipulated in New Brunswick ET ATTENDU QUE comme stipule le Reglement Regulation 2018-64, the Code of Conduct By-law du Nouveau -Brunswick 2018-64, I'Arrete relatif au must include the following mandatory provisions: code de deontologie doit inclure les dispositions imperatives suivantes (a) The values to which Members of Council are expected to adhere; a) Les valeurs auxquelles sont tenus d'adherer les membres du conseil; (b) The behaviour by the Members of b) Le comportement des membres du Council toward other Members of conseil a 1'endroit aussi bien des autres Council, officers, employees and membres du conseil que des residents of the local government, fonctionnaires, des employes et des including provisions respecting bullying, residents du gouvernement local, discrimination and harassment by notamment en ce qui a trait a l'intimidation, Members of Council; a la discrimination et au harcelement; (c) The use of local government property, c) L'utilisation que peuvent faire les resources, and services by Members of membres du conseil des biens, des Council; and ressources et des services du gouvernement local; et (d) The use of communication tools and d) L'utilisation que peuvent faire les membres social media by Members of Council. du conseil des moyens de communication et des medias sociaux. AND WHEREAS a Code of Conduct ensures ET ATTENDU QU'un code de deontologie assure that Members of Council share a common basis que les membres du conseil partagent une base et and understanding for appropriate conduct une comprehension communes de ce qui est extending beyond the legislative provisions considers une conduite appropriee qui va au-dela governing the conduct of Members of Council, as des dispositions Iegislatives qui gouvernent la set out in the Local Governance Act; conduite des membres du conseil, conformement a la Loi sur la gouvernance locale; AND WHEREAS, as Members of Council, we ET ATTENDU QUE, en tant que membre du recognize that our actions have an impact on the conseil, nous reconnaissons que nos actions ont W-11i1 -5- lives of all residents and property owners in the un impact sur la vie de tous les residents et community; proprietaires dans la communaute; AND WHEREAS the establishment of a Code of ET ATTENDU QUE I'instauration d'un Arrete relatif Conduct By-law is consistent with the principles au code de deonto/ogie est en harmonie avec les of transparent and accountable government; principes d'un gouvernement transparent et responsable; NOW THEREFORE the Common Council of The A CES CAUSES le conseil communal de The City City of Saint John (hereinafter "Council") adopts of Saint John (ci-apres le « Conseil ») adopte certain rules in the form of a Code of Conduct By- certaines regles sous la forme d'un Arrete relatif au /awthat further underscores the requirement that code de deonto/ogie qui confirme le besoin que les elected officials be independent, impartial, and representants elus soient independants, duly responsible in serving their constituents. impartiaux et pleinement responsables alors qu'ils servent leurs electeurs. Title Titre 1 This By-law may be cited as the Code of 1 Le present arrete peut titre cite sous le titre Conduct By-law (hereinafter the "By-law ). Arrete relatif au code de deonto/ogie (ci-apres I'arrete »). Interpretation Interpretation 2 Rules for interpretation of the language used in 2 Les regles d'interpretation suivantes s'appliquent this By-law are contained in the lettered au present Arrete paragraphs as follows: (a) The captions, article and section names a) Les titres, intertitres et numeros des and numbers appearing in this By-law are dispositions ne servent qu'a faciliter la for convenience of reference only and consultation de I'Arrete et ne doivent pas have no effect on its interpretation; servir a son interpretation; (b) This By-law is to be read with all changes b) Le genre ou le nombre grammaticaux of gender or number required by the doivent titre adaptes au contexte; context; (c) Each reference to legislation in this By- c) Les renvois Iegislatifs paraissent en law is printed in Italic font. The reference italique. Le renvoi a une Ioi vise egalement is intended to include all applicable les modifications qui s'y appliquent, y amendments to the legislation, including compris toute legislation de remplacement. successor legislation. Where this By-law Les renvois a d'autres arretes de la references other by-laws of the City, the municipalite visent egalement les term is intended to include all applicable modifications qui s'y appliquent, y compris amendments to those by-laws, including tout arrete de remplacement; successor by-laws; (d) The requirements of this By-law are in addition to any requirements contained in d) Les obligations qu'il cree s'ajoutent a celles any other applicable by-laws of the City decoulant d'autres arretes applicables de 181.15l -6- or applicable provincial or federal la municipalit6 ou des lois ou r(§glements statutes or regulations; f6d6raux ou provinciaux applicables; (e) If any section, subsection, part or parts or provision of this By-law, is for any reason e) Si une disposition quelconque est d6clar6e declared by a court or tribunal of invalide par un tribunal competent pour competent jurisdiction to be invalid, the quelque motif que ce soit, la decision ruling shall not affect the validity of the n'entache en rien la validit6 de I'arret6 dans By-law as a whole, nor any other part of son ensemble ni de toute autre disposition; it; et (f) The Schedules attached to this By-law are included in and shall be considered f) Les annexes jointes au present arret6 sont part of this By-law. incluses et doivent titre consid6r6es comme faisant partie du present arrete. Application Application 3 This Code of Conduct By-law applies to all 3 Le present Arrete relatif au code de deontologie Members of Council, including the Mayor and s'applique a tous Ies membres du conseil , incluant Deputy Mayor. le maire et le maire suppl(§ant. Values of Members of Council Valeurs des membres du conseil 4(1) Members of Council recognize that the 4(1) Les membres du conseil reconnaissent que people of Saint John expect the highest Ies habitants de Saint John s'attendent a ce que standards of ethical conduct from their elected Ieurs repr(§sentants (§Ius respectent Ies normes de officials and that public interest is best served conduite 6thique Ies plus (§levees et que I'int(§ret when Members of Council perform their public est mieux servi Iorsque Ies membres du functions of office and manage their private conseil s'acquittent de Ieurs fonctions et g(§rent interests in accordance with the values and Ieurs int(§rets priv6s conform(§ment aux valeurs et requirements of this By-law. aux obligations du pr(§sent arret6. 4(2) The values of Members of Council include: 4(2) Les valeurs des membres du conseil incluent: (a) Honesty a) Honnetete Members of Council shall be truthful and Les membres du conseil sont sincbres et open in their roles as Members of Council transparents dans Ieur role comme and as residents of the City they serve; membres du conseil et comme r(§sidents de la municipalit6 qu'ils servent; (b) Respect b) Respect Members of Council shall treat every Les membres du conseil traitent toute person, including other Members of personne, incluant Ies autres membres du Council, City employees (hereinafter conseil, Ies employ6s de la municipalit6 (ci- "staff"), volunteers or individuals aprbs « personnel ))), Ies b6n6voles ou Ies providing services on a contract for personnes fournissant des services dans le service, and the public with dignity, cadre d'un contrat de service, et le public WIN 7- understanding, and respect and show regard for the rights, diversity, health, and safety of all; (c) Transparency and Accountability Members of Council shall endeavor to conduct and convey Council business and all their duties in an open and transparent manner, other than those discussions that are authorized by law to be dealt with in a confidential manner in closed session, so that stakeholders can view the process and rationale used to reach decisions and the reasons for taking certain actions; (d) Confidentiality Members of Council shall not disclose or release any confidential information acquired by virtue of their office, except when required or authorized by law to do so; (e) Integrity Members of Council shall not take advantage of or obtain private benefit from information that is obtained in the course of, or as a result of, their official duties or position that is not in the public domain; (f) Leadership and the Public Interest Members of Council shall serve their constituents in a conscientious and diligent manner and act in the best interests of the City. Members of Council are expected to perform their duties in a manner that will bear close public scrutiny and shall not provide the potential or opportunity for personal benefit, wrongdoing, or unethical conduct; and (g) Responsibility Members of Council shall act responsibly and in accordance with the Acts of the Parliament of Canada and the Legislature of New Brunswick, including the Local Governance Act. This duty includes disclosing actual or potential conflicts of interest, either financial or avec dignite, comprehension et respect, et respectent les droits, la diversite, la sante, et la securite de tous; c) Transparence et imputabilite Les membres du conseil doivent s'efforcer de mener les affaires du conseil et toutes leurs fonctions d'une maniere ouverte et transparente, sauf ces discussions qui peuvent titre tenues de maniere confidentielle a huis clos selon la loi, afin que les parties prenantes puissent comprendre le processus suivi et les motifs utilises pour prendre une decision et les raisons pour agir d'une certaine fagon; d) Confidentiality Les membres du conseil ne divulguent pas ni ne diffusent toute information confidentielle acquise dans le cadre de leurs fonctions sauf lorsque requis par la loi; e) Integrity Les membres du conseil ne devraient pas tirer parti ou tirer personnellement profit de l'information qui nest pas du domaine public qui est obtenue dans le cours ou du fait de leurs taches officielles ou de leur poste.; f) Leadership et interet public Les membres du conseil servent leurs electeurs d'une maniere consciencieuse et avec diligence et agissent dans l'interet superieur de la municipalite. On s'attend a ce que les membres du conseil s'acquittent de leurs taches d'une maniere' qui puisse soutenir un examen rigoureux du public et ne donnent pas lieu a des avantages personnels reels ou pergus, des actes reprehensibles ou un comportement contraire a 1'ethique; et g) Responsability Les membres du conseil agissent d'une maniere responsable et conformement aux lois du Parlement du Canada et de la Legislature du Nouveau -Brunswick dont la Loi sur la gouvernance locale. Cette W-1191 -8- otherwise, relating to their responsibilities as Members of Council. Each Member of Council is individually responsible for preventing and reporting potential and actual conflicts of interest. Behaviour of Members of Council 5(1) Members of Council shall conduct themselves in a professional manner with dignity and make every effort to participate diligently in the meetings of Council, committees of Council, and other bodies to which they are appointed. 5(2) Members of Council shall perform their official duties in accordance with the following general principles: (a) Be honest and open with Members of Council, staff, and the general public; (b) Make decisions that are in the best interest of the City as a whole; (c) Make decisions based on careful and objective consideration and review of the facts; (d) Ensure that objectivity, impartiality, and transparency are emphasized in decision -making; (e) Be accountable for the decisions made by Council; obligation inclut la divulgation de conflits d'interets actuels ou potentiels, qu'ils soient financiers ou autrement lies a leurs responsabilites comme membres du conseil. Chaque membre du conseil est responsable individuellement de prevenir et de signaler les conflits d'interets potentiels et actuels. Comportement des membres du conseil 5(1) Les membres du conseil se comportent de maniere profession nelle, avec dignite, et font tout en leur possible pour participer avec diligence aux reunions du conseil, aux comites du conseil et autres instances auxquels ils sont nommes. 5(2) Les membres du conseil s'acquittent de leurs fonctions officielles conformement aux principes generaux suivants : a) En etant honnetes et ouverts avec les membres du conseil, le personnel I et le grand public; b) En prenant des decisions dans I'interet superieur de la municipalite en general; c) En prenant des decisions fondees sur un examen attentif et objectif des faits. d) En assurant que I'objectivite, I'impartialit(§ et la transparence sont mises en valeur lors du processus decisionnel; e) En etant responsables des decisions prises par le conseil; (f) Demonstrate a high level of integrity and professionalism when representing the f) local government and in dealing with members of the broader community; and (g) Ensure that all duties are performed in compliance with federal and provincial laws, as well as by-laws, policies, and procedures adopted by the City. En demontrant un haut niveau d'integrite et de profession nalisme lorsqu'ils representent le gouvernement local et lorsqu'ils font affaire avec les membres de la communaute en general; et g) En s'assurant que toutes les taches sont accomplies en respectant les lois federales et provinciales, ainsi que les arretes, les politiques et les procedures adoptees par la municipalite. IM 5(3) Members of Council shall at all times serve 5(3) En tout temps, les membres du conseil and be seen to serve their constituents in a servent et sont consideres comme servant leurs conscientious and diligent manner. electeurs d'une maniere consciencieuse et avec diligence. 5(4) Members of Council shall conduct their 5(4) Lors d'echanges entre eux, les membres du dealings with each other in a way that maintains conseil se comportent d'une maniere qui maintient public confidence in the office to which they have la confiance du public dans la fonction pour been elected, are open and honest, focus on laquelle ils ont ete elus, ils sont ouverts et issues rather than personalities, and avoid honnetes, se concentrent sur les enjeux plutot que aggressive, offensive, or abusive conduct. les personnalites, et ils evitent un comportement agressif, offensif. ou abusif. 5(5) Members of Council shall treat members of 5(5) Les membres du conseil traitent les citoyens, the public, other Members of Council, staff or les autres membres du conseil, le personnel ou les individuals providing services on a casual or individus qui offrent des services sur une base contractual basis with dignity, understanding, occasionnelle ou contractuelle avec dignite, en and respect. faisant preuve de comprehension. et avec respect. 5(6) Members of Council shall promote the 5(6) Les membres du conseil font la promotion du governance framework that underpins the cadre de gouvernance qui sous -tend I'authorite et authority and work of Council to ensure their le travail du conseil pour garantir que Ieur work environment is free from discrimination, environnement de travail est exempt de bullying or intimidation, offensive, abusive, discrimination, d'agression ou d'intimidation, de and/or derogatory language, and harassment, Iangage offensant, abusif ou degradant et de including sexual harassment, and that they are in harcelement, y compris le harcelement sexuel, et compliance with applicable law and the local qu'ils respectent les Iois applicables et les government's policies and procedures, where politiques et procedures du gouvernement local, le applicable. cas echeant. 5(7) Without limiting the generality of the 5(7) Sans limiter la portee generale de ce qui foregoing, Members of Council shall not: precede, les membres du conseil : (a) Make inappropriate comments or a) Ne font pas de commentaires ou de gestes gestures to or about an individual where inappropries a un individu ou a 1'egard de such conduct is known or ought celui-ci, alors qu'on sait ou qu'on devrait reasonably to be known to be offensive to savoir qu'un tel comportement est the person(s) to whom they are directed; offensant pour la personne visee; (b) Display materials or transmit b) Ne montrent pas de materiel ou ne communications that are inappropriate, transmettent pas de messages qui sont offensive, insulting or derogatory; inappropries, offensants, insultants ou degradants; (c) Make threats or engage in any abusive c) Ne font pas de menaces ou ne se Iivrent activity or course of conduct toward pas a aucune activite ou n'adoptent pas others, including bullying; une attitude abusive envers les autres, y compris l'intimidation; KI.117 -10- (d) Engage in persistent or excessive d) Ne se livrent pas a des critiques criticism and/or scrutiny of staff or falsely persistantes ou excessives et/ou a un or maliciously harm their reputation; examen minutieux du personnel ou ne portent pas atteinte a leur reputation de maniere fausse ou malveillante; (e) Vandalize the personal property of e) Ne vandalisent pas la propriete d'autrui; others; (f) Commit assault of any kind, including f) Ne commettent pas d'agression d'aucun making unwanted physical contact, type, incluant les contacts physiques non including touching, patting or pinching; desires, comme toucher, caresser ou and pincer; et (g) Converse, interact, or act, or, as g) Ne conversent pas, n'interagissent pas, ou applicable, refuse to do any of the ne se comportent pas, ou, le cas echeant, foregoing, in a manner contrary to the refusent de faire ce qui precedent, d'une Human Rights Act, R.S.N.B. 2011, c.171. maniere contraire a la Loi sur les droits de la personne, L.R.N.-B. 2011, ch. 171. Conflicts of Interest Conflits d'interets 6(1) Members of Council have a statutory duty to 6(1) Les membres du conseil ont une obligation comply with the Conflict of Interest provisions set legale de se conformer aux dispositions relatives out in Part 8 of the Local Governance Act. au conflit d'interets enfoncees dans la partie 8 de la Loi sur la gouvernance locale. 6(2) Members of Council are to be free from 6(2) Les membres du conseil doivent titre libres de undue influence and not, directly or indirectly, toute influence indue et ne doivent pas, act, or appear to act, in order to gain financial or directement ou indirectement, agir ou paraitre agir other benefits for themselves, their family, their de maniere a obtenir un benefice financier ou tout friends, their associates, their business or autre avantage, pour eux, leur famille, leurs amis, otherwise. leurs associes, leur entreprise ou autrement; 6(3) It is the individual responsibility of each 6(3) Chaque membre du conseil est Member of Council to seek independent legal personnellement responsable d'obtenir un avis advice, at the Member's sole expense, with legal independant, a ses propres frais, concernant respect to any situation that may result in a toute situation qui pourrait se solder par un interet pecuniary or other conflict of interest. pecuniaire ou autre type de conflit d'interets. Roles and Responsibilities Les roles et responsabilites 7(1) Decision -making authority lies with Council 7(1) Le pouvoir decisionnel revient au conseil dans as a whole, and not with any individual Member son ensemble et non pas a aucun membre du of Council alone. conseil individuellement. 7(2) Members of Council shall accurately and 7(2) Les membres du conseil communiquent avec professionally communicate the decisions of precision et professionnalisme les decisions du Council, even if they disagree with Council's conseil, meme s'ils sont en desaccord avec celles- WIN -11- decision, such that respect for the decision- making process of Council is fostered. ci, et ce, afin que le respect du processus decisionnel du conseil soit favorise. 7(3) Members of Council shall ensure they: 7(3) Les membres du conseil s'assurent : (a) Focus on their governance role of a) Qu'ils se concentrent sur leur role de providing leadership for the community in gouvernance de faire preuve de leadership an open, accountable, and transparent pour la communaute, d'une maniere manner, establishing strategic direction ouverte, responsable, et transparente, en and providing oversight of the local etablissant une direction strategique et en government. exergant un role de surveillance du gouvernement local; (b) Respect the role of staff, which is to b) Qu'ils respectent le role du personnel qui provide administration of the local est de veiller a I'administration du government, provide advice, analysis, gouvernement local, d'offrir des conseils et and recommendations that reflect their des analyses, et des recommendations qui professional expertise, implement refletent Ieur expertise profession nelle, de Council decisions, and carry out their mettre en ceuvre Ies decisions du conseil et responsibilities as required under the de s'acquitter de Ieurs responsabilites Local Governance Act, and any other comme 1'exige la Loi sur la gouvernance relevant federal and/or provincial locale, et toute autre legislation federale ou legislation, regulations, or by-laws of the provinciale, reglement ou arrete du local government. gouvernement local; (c) Respect the role of Council and c) Qu'ils respectent le role du conseil et des Committees of Council and recognize comites du conseil, et reconnaissent que, that, as a whole, Council is the decision- dans son ensemble, le conseil est l'organe making body for the local government; decisionnel du gouvernement local; et and (d) Council as a whole has the authority to d) Le conseil dans son ensemble a I'autorite approve budgets, and policy statements, d'approuver le budget et des enonces de including structures and procedures for politique, incluant Ies structures et Ies committees. Authority to act on behalf of procedures associees aux comites. Seul le Council, including through a committee, conseil peut deleguer I'autorite d'agir en can only be delegated by Council. son nom, y compris par le biais d'un comite. 7(4) No single Member of Council, including the 7(4) Aucun membre du conseil individuellement, Mayor, has the authority to direct staff, approve incluant le maire, n'a I'autorite de donner des budgets, policy, committee processes, and other directives au personnel, d'approuver le budget, matters, unless specifically authorized by une politique, des processus d'un comite et Council. d'autres affaires, a moins d'etre specifiquement autorise par le conseil. KUYA -12- 7(5) No Member of Council shall, unless 7(5) Aucun membre du conseil ne tente de lier The authorized by Council, attempt to bind The City City of Saint John ou de donner des directives au of Saint John or give direction to staff, agents, personnel, aux agents, aux entrepreneurs, aux contractors, consultants, or other service consultants, ou aux autres fournisseurs de providers or prospective vendors to the City. services ou vendeurs potentiels de la municipalite, a moins d'etre autorise par le conseil. Gifts and Benefits Cadeaux et avantages 8(1) In accordance with Subsections 96 (a) and 8(1) Conformement aux paragraphes 96 a) et b) de (b) of the Local Governance Act, a Member of la Loi sur la gouvernance locale, un membre du Council shall not: conseil : (a) Accept any fees, gifts, gratuities or other a) N'accepte aucun honoraire, cadeau, don benefit that could reasonably be seen to en argent, ou autre avantage qui pourrait influence any decision made by him/her raisonnablement titre considers comme in the carrying out of his/her functions as exergant une influence sur toute decision a Member of Council; or qu'il ou qu'elle prend comme membre du conseil dans I'exercice de ses fonctions; ou (b) For his or her personal gain, or for the b) N'utilise pas son poste ou toute information personal gain of a family associate, make obtenue dans le cadre de son poste qui use of his or her position or of any n'est pas mise a la disposition du public, information that is obtained in his or her pour son avantage personnel ou pour celui position and is not available to the public. d'un membre de sa proche famille. 8(2) Members of Council are not precluded from 8(2) Les membres du conseil ne sont pas accepting: empechss d'accepter : (a) Compensation or benefit authorized by a) Une remuneration ou un avantage autorise Council; par le conseil; (b) Rewards, gifts or benefits not connected b) Des recompenses, cadeaux ou avantages directly or indirectly with the performance qui ne sont pas directement ou or duties of the office; indirectement lies a Ieurs fonctions; c) Les services fournis sans remuneration par (c) Services provided without compensation des personnes qui donnent de Ieur temps; by persons volunteering their time; d) De la nourriture, de I'hebergement, du (d) Food, lodging, transportation, and transport, ou du divertissement offert par entertainment provided by other levels of d'autres niveaux de gouvernement ou par government or by other local d'autres gouvernements Iocaux, conseils governments, boards, and commissions. d'administration et commissions. (e) Reasonable quantities of food and e) Des quantites raisonnables de nourriture et beverages consumed at banquets, de boissons consommees Tors de receptions, ceremonies, and similar events; f►1:1:3 -13- banquets, receptions, ceremonies et autres evenements similaires; (f) Token gifts such as souvenirs and f) Des cadeaux symboliques comme des commemorative gifts that are given in souvenirs et des cadeaux commemoratifs recognition of service for attending an qui sont donnes en guise de remerciement event; and pour avoir participe a un evenement; et (g) Gifts received as an incident of protocol g) Des cadeaux regus dans le cadre normal et or social obligation that normally and raisonnable du protocole ou d'une reasonably accompany the responsibility of office. obligation sociale liee a leurs fonctions. Use of Local Government Property, Utilisation par les membres du conseil des Resources, and Services by Members of biens, ressources, et services du Council gouvernement local 9(1) No Member of Council shall make use, or 9(1) Aucun membre du conseil n'utilise ou ne permit the use, of any City premises (land, permet ('utilisation de toute propriete de la facilities, equipment, supplies, etc.), staff, or municipalite (terrain, installations, equipement, other resources (computers, networks, websites, materiel, etc.), du personnel, ou d'autres social media) other than for carrying out the ressources (ordinateurs, reseaux, sites Web, business of the local government. medias sociaux) a des fins autres que pour mener les affaires du gouvernement local. 9(2) Members of Council shall avoid waste and 9(2) Les membres du conseil evitent le gaspillage extravagance in the provision or use of the City's et les extravagances dans la fourniture ou resources or property belonging to the City. ('utilisation de ressources de la municipalite ou de biens lui appartenant. Election Campaign Work Travail de campagne electorale 9(3) No Member of Council shall use the 9(3) Aucun membre du conseil n'utilise les facilities, equipment, supplies, services or other installations, ('equipement, le materiel, les services resources of the City for any election campaign ou autres ressources de la municipalite pour toute or campaign -related activities. No Member of campagne electorale ou activites reliees a la Council shall undertake campaign -related campagne. Aucun membre du conseil activities on City property. No Member of Council n'entreprend d'activites reliees a une campagne shall use for campaigning purposes, the services elecorale sur une propriete municipale. Aucun of persons during working hours in which those membre du conseil n'utilise pour des fins de persons receive any compensation from the City. campagnes electorales, les services de personnes au cours des heures de travail ou ces personnes regoivent une remuneration de la municipalite. Use of Communication Tools, Social Media, Utilisation des outils de communication, des and Freedom of Speech medias sociaux, et la liberte de parole 10(1) Members of Council shall use 10(1) Les membres du conseil utilisent les outils de communication tools, such as newsletters, communication, comme les bulletins d'information, f►1:1'7 -14- websites, and social media in a responsible and les sites Web, et les medias sociaux d'une maniere respectful manner. responsable et respectueuse. 10(2) Members of Council must not claim to 10(2) Les membres du conseil ne peuvent speak on behalf of Council unless authorized to pretendre parler au nom du conseil a moins d'en do so. titre autorises. 10(3) Unless Council directs otherwise, the 10(3) A moins que le conseil decide autrement, le Mayor is Council's official spokesperson and in maire est le porte-parole officiel du conseil et en the absence of the Mayor, it is the Deputy Mayor. I'absence du maire, cela revient au maire All inquiries from the media regarding the official suppleant. Toutes les demandes des medias Council position on an issue shall be referred to concernant la position du conseil sur un enjeu sont Council's official spokesperson. transmises au porte-parole officiel du conseil. 10(4) A Member of Council who is authorized to 10(4) Un membre du conseil qui est autorise a agir act as Council's official spokesperson must comme porte-parole officiel du conseil doit ensure that their comments accurately reflect the s'assurer que ses commentaires refletent official position and will of Council as a whole, exactement la position officielle et la volonte du even if the Member of Council personally conseil dans son ensemble, et ce, meme si le disagrees with Council' s position. membre du conseil est personnellement en desaccord avec la position du conseil. 10(5) Members of Council must keep in mind 10(5) Les membres du conseil doivent garder a they are always representative of The City of 1'esprit qu'ils sont toujours des representants de Saint John, including when engaging in social The City of Saint John, y compris Iorsqu'ils media activities, and Members of Council must participent a des activites Iiees aux medias identify when views expressed are theirs alone sociaux, et Iorsque des points de vue sont and not official City of Saint John exprimes, les membres du conseil doivent communication. specifier que ce sont les Ieurs et non pas une communication officielle de The City of Saint John. 10(6) Members of Council shall not use 10(6) Les membres du conseil n'utilisent pas les communication tools and social media to engage outils de communication et les medias sociaux in criticism of other Members of Council, the staff pour critiquer d'autres membres du conseil, le or the general public. Members of Council shall personnel ou le grand public. Les membres du demonstrate respect and courtesy in all conseil font preuve de respect et de courtoisie communications with constituents, regardless of dans toutes les communications avec les political affiliation. electeurs, quelle que soit Ieur affiliation politique. 10(7) Members of Council shall not engage in or 10(7) Les membres du conseil n'intimident pas, encourage bullying, flaming, or shaming of any n'injurient pas ou n'humilient pas d'autres other social media users and shall comply with utilisateurs de medias sociaux ni n'encouragent de all other elements of the City's Social Media telles actions et se conforment a la politique de The Policy. These types of interactions on social City en matiere de medias sociaux. Ce genre media misplace the focus of interaction on d'interactions dans les medias sociaux deplace attacking individuals rather than engaging in l'objectif d'interagir en attaquant des individus constructive discussion or debate. This manner plutot qu'en favorisant une discussion constructive of communication is inconsistent with the Code ou un debat constructif. Cette fagon de of Conduct and unbecoming of the office that communiquer est incompatible avec le code de Members of Council hold. P4%I97 -15- deontologie et entache la dignite des fonctions qu'exercent les membres du conseil. 10(8) No Member of Council shall make a 10(8) Aucun membre du conseil ne fait de statement with the intent to mislead Council or declaration avec ('intention de tromper le conseil members of the public. ou les membres du public. 10(9) No Member of Council shall make a 10(9) Aucun membre du conseil ne fait de statement when they know the statement is declaration lorsqu' it sait que celle-ci est fausse. false. Conduct at Meetings Comportement lors des reunions 11(1) Members of Council shall conduct 11(1) Les membres du conseil se comportent themselves in accordance with the provisions set conformement aux dispositions enfoncees dans out in the City' s Procedural By-law, in particular I'Arrete sur les procedures de The City, Section 12 Rules of Conduct. particulierement I'article 12 Regles de procedures. 11(2) Members of Council may not impugn or 11(2) Les membres du conseil ne contestent pas malign a debate or decision or otherwise erode ou ne denigrent pas un debat ou une decision ni the authority of Council. Members of Council ne mine I'autorite du conseil. Les membres du have the right to express disagreement with conseil ont le droit d'exprimer Ieur desaccord avec positions put forward by other Members of les positions presentees par d'autres membres du Council or by staff provided such disagreement conseil ou par le personnel a condition que le remains focused on the issue. Once Council has desaccord demeure concentre sur la question. adopted a resolution, Members of Council are Une fois que le conseil a adopte une resolution, on expected to support the resolution and the work s'attend a ce que les membres du conseil appuient associated with carrying out this resolution. la resolution et le travail associe a I' application de cette resolution. 11(3) Members of Council shall respect the 11(3) Les membres du conseil respectent le Chair, other Members of Council, staff, and president, les autres membres du conseil, le members of the public present during Council personnel et les membres du public presents Tors meetings or other proceedings of the des reunions du conseil ou d'autres procedures de municipality. Meetings shall provide an la municipalite. Les reunions fournissent un environment for transparent, healthy, and environnement pour un debat transparent, sain et respectful debate on matters requiring decision- respectueux sur les questions necessitant une making. prise de decision. Handling of Confidential Information Traitement d'informations confidentielles 12(1) Members of Council shall not disclose or 12(1) Les membres du conseil ne divulguent pas release any confidential information to any et ne diffusent pas d'information confidentielle a member of the public, or in any way divulge any tout membre du public, ni ne divulguent de quelque confidential information, including personal que fagon que ce soit toute information information or any aspect of deliberations confidentielle, incluant de ('information personnelle obtained through their holding office, in either ou tout element de deliberation obtenu dans le oral or written form, in accordance with the Right cadre de Ieurs fonctions, que ce soit verbalement to Information and Protection of Privacy Act. ou par ecrit, conformement a la Loi sur le droit a 1'information et la protection de la vie pnvee. K"0 -16- 12(2) Members of Council shall keep confidential 12(2) Les membres du conseil gardent those matters that are discussed in a meeting is confidentielles les questions qui sont traitees dans authorized under the Local Governance Actto be une reunion qui peut titre tenue 6 huis clos en vertu closed to the public. de la Loi sur la gouvernance locale. 12(3) Members of Council shall not use 12(3) Les membres du conseil n'utilisent pas confidential information, including information d'informations confidentielles, y compris they might have knowledge of by virtue of their ('information qu'ils pourraient connaitre en raison position that is not in the public domain, including de leur fonction, qui n'est pas du domaine public, y emails or correspondence from other Members compris les courriels ou la correspondance of Council or third parties, for personal or private provenant d'autres membres du conseil, ou de gain, or for the gain of relatives or any person or tierces parties, pour un avantage personnel ou corporation or cause that is detrimental to the prive, ou pour I' avantage d'un membre de leur City, a local board or others. famille ou de toute personne, societe ou cause qui pourrait nuire a la municipalite, une commission locale ou autres. 12(4) The obligations identified in Section 12 12(4) Les obligations indiquees a la section 12ci- above constitute continuing obligations that dessus constituent des obligations continues qui apply following service on Council by any sont applicable apres qu'un membre du conseil ait Members of Council. servi au conseil. Complaints Plaintes Informal Complaint Process Processus de plainte informelle 13(1) Members of Council shall endeavor to 13(1) Les membres du conseil s'efforcent de resolve interpersonal disputes with other resoudre les conflits interpersonnels avec les Members of Council using best efforts in good faith. autres membres du conseil en faisant de leur mieux et en toute bonne foi. 13(2) Any person who has identified or witnessed 13(2) Toute personne qui a decele ou observe un behavior or activity by a Member of Council that comportement ou une activite d'un membre du the person reasonably believes, in good faith, is conseil qu'elle croit raisonnablement et de bonne in contravention of this By-law may address the foi contraire au present arrete peut prohibited conduct by: a) Informer le membre du conseil que le (a) Advising the Member of Council that the comportement enfreint le present arrete et conduct violates this By-law and encouraging 1'encourager a y mettre fin; ou the Member to stop; or b) Demander au maire de faciliter une (b) Requesting that the Mayor facilitate a discussion entre les parties pour tenter de discussion between the parties in an attempt resoudre le probleme. Si le maire fait l'objet to resolve the issue. In the event that the de la plainte ou est implique dans celle-ci, Mayor is the subject of, or is implicated in the la personne peut demander I'assistance du complaint, the person may request the maire suppleant. Dans la mesure ou le -17- assistance of the Deputy Mayor. To the extent both the Mayor and Deputy Mayor are the subject of or implicated in the complaint, Council shall identify a designated alternate individual. 13(3) If a person is not satisfied with the response or resolution received through the informal process provided at subsection (2), they may file a formal complaint as outlined below. 13(4) If approached by a complainant, Members of Council have a positive duty to inform the complainant of the options pursuant to the Code of Conduct. Formal Complaint Process 13(5) Any person who has identified or witnessed behaviour or activity by a Member of Council that the person reasonably believes, in good faith, is in contravention of this By-law may file a formal complaint with the City Clerk in accordance with the following procedure. All formal complaints shall: (a) Be made using the complaint form attached as Schedule "A" and shall be dated and signed by the complainant; (b) Name the Member of Council to whom the complaint relates; maire et le maire suppleant font I'objet d'une plainte, ou sont impliques dans celle- ci, le conseil doit identifier un remplagant designe. 13(3) Si une personne n'est pas satisfaite de la reponse ou de la resolution regue par le biais de la procedure informelle prevue au paragraphe (2), elle peut deposer une plainte officielle comme indique ci-dessous. 13(4) Lorsqu'ils sont approches par un plaignant, les membres du conseil ont le devoir positif d'informer le plaignant des options en vertu du code de deontologie. Processus de plainte officielle 13(5) Toute personne qui a decele ou observe un comportement ou une activite d'un membre du conseil qu'elle croit raisonnablement et de bonne foi contraire au present arrete peut deposer une plainte officielle aupres du greffier conformement a la procedure suivante. Toute plainte officielle doit : a) titre faite en utilisant le formulaire de plainte prevu a ('Annexe « A » et titre datee et signee par le plaignant; b) indiquer le nom du membre du conseil concerne par la plainte; (c) Identify the section(s) of the By-law the c) indiquer les articles de I'arrete qui, selon le complainant believes has been breached; plaignant, ont ete enfreints; (d) Provide the date of the alleged breach; (e) Provide the facts and an explanation as to why there may be a contravention of the By-law; d) indiquer la date de ('infraction alleguee; e) fournir les faits et une explication des raisons pour lesquelles it peut y avoir une infraction a I'arrete; (f) Identify the names of any witnesses to the f) indiquer les noms des temoins de ('infraction alleged contravention; presumee; P4%Ic1 -18- (g) Provide any evidence or material in support of g) indiquer toute preuve ou tout materiel a I'appui the alleged contravention; and de ('infraction alleguee; et (h) Acknowledge that the complaint form and h) reconnaitre que le formulaire de plainte et Ies supporting documentation may be shared as pieces justificatives peuvent titre partages comme indicated on the form. indique sur le formulaire. 13(6) The City Clerk shall acknowledge receipt of 13(6) Le greffier accuse reception de la plainte the formal complaint and provide the Complaints officielle et la transmet au comite des plaintes pour Committee with the formal complaint for qu'elle soit traitee. Le comite des plaintes est processing. The Complaints Committee shall be compose de trois membres du conseil, nommes comprised of three Members of Council, par le conseil. Deux membres suppleants sont appointed by Council. Two alternate members egalement designes par le conseil, pour titre shall also be designated by Council, to be disponibles en cas de plainte contre un ou available in case a complaint is made against a plusieurs membres du comite des plaintes, auquel member or members of the Complaints cas le maire ordonne quels suppleants remplacent Committee, in which case the Mayor shall direct le ou Ies membres du comite des plaintes aux fins which alternate or alternates will replace the de cette plainte. member or members of the Complaints Committee for the purposes of such complaint. 13(7) The Complaints Committee shall complete 13(7) Le comite des plaintes procede a une an initial assessment by reviewing any premiere evaluation en examinant toute plainte complaints received about a Member of Council regue au sujet d'un membre du conseil et and determine whether the conduct described in determine si la conduite decrite dans le formulaire the complaint form is within their authority to de plainte releve de Ieur competence et si Ies review and whether the information provided in renseignements indiques dans le formulaire de the complaint form provides reasonable grounds plainte fournissent des motifs raisonnables de for believing that a violation of this By-law croire qu'une violation du present arrete a eue lieu. occurred. 13(8) The Complaints Committee may reject any 13(8) Le comite des plaintes peut rejeter toute complaint received: plainte regue : (a) More than twelve (12) months after the date a) plus de douze (12) mois apres la date de of the reported alleged breach; or ('infraction presumee; ou (b) More than twelve (12) months after the b) plus de douze (12) mois apres que le plaignant complainant became aware of the alleged breach a eu connaissance de ('infraction a condition que provided that this shall not apply to complaints cela ne s'applique pas aux plaintes qui se that extend beyond twelve (12) months solely as prolongent au-dela de douze (12) mois a result of Section 15. uniquement en raison de I'article 15. 13(9) The Complaints Committee may request 13(9) Le comite des plaintes peut demander des further information from the complainant before renseignements complementaires au plaignant determining whether or not there are reasonable avant de determiner s'il existe ou non des motifs NO* -19- grounds for believing that a violation of this By- raisonnables de croire qu'une infraction au present law may have occurred. arrete a pu avoir lieu. 13(10) If the Complaints Committee is of the 13(10) Si le comite des plaintes est d'avis que opinion that: (a) The conduct is not within its authority to a) la conduite ne releve pas de son pouvoir investigate; d'investigation; (b) The complaint is frivolous, vexatious or not b) la plainte est frivole, vexatoire ou n'est pas faite made in good faith; de bonne foi; (c) The complaint is anonymous; or c) la plainte est anonyme; ou (d) There are no reasonable grounds for d) it n'y a pas de motifs raisonnables de croire believing that a violation of the By-law has qu'une infraction a I'arrete a eu lieu; occurred; le comite des plaintes en informe le plaignant par the Complaints Committee will advise the ecrit, en exposant Ies raisons de la decision de ne complainant in writing, setting out reasons for the pas proceder a une enquete et de clore le dossier. decision not to proceed with an investigation and Le comite des plaintes peut egalement decider de close the file. The Complaints Committee may ne pas proceder a une enquete retardee en vertu also decide not to proceed with an investigation de I'article 15 et de clore le dossier. delayed pursuant to Section 15 and close the file. 13(11) If the Complaints Committee decides the 13(11) Si le comite des plaintes decide que la complaint should be investigated, the City Clerk, plainte doit faire l'objet d'une enquete, le greffier, on behalf of Council, shall retain an external au nom du conseil, fait appel a un enqueteur investigator to conduct an investigation. externe pour mener une enquete. 13(12) The parties shall participate in good faith 13(12) Les parties doivent participer de bonne foi in the investigation. If the complainant refuses to a 1'enquete. Si le plaignant refuse de participer a participate in the investigation, the Complaints 1'enquete, le comite des plaintes peut determiner Committee may determine that it is not possible qu'il n'est pas possible de proceder a 1'enquete et to proceed with the investigation and close the clore le dossier. file. 13(13) The external investigator shall: 13(13) L'enqueteur externe doit (a) Consider the alleged contravention of this By- a) examiner l'infraction presumee au present law; arrete; (b) Ensure the parties are given an opportunity to b) veiller a ce que Ies parties aient la possibilite be heard; d'etre entendues; P"01 -20- (c) Allow the Member of Council at least ten (10) business days to submit a written response to the complaint for the consideration of the external investigator; (d) Explore if the complaint can be resolved between the parties without making any recommendations for a sanction; (e) If the complaint is resolved to the satisfaction of the parties pursuant to paragraph (d), the external investigator shall advise the City Clerk in writing within ten calendar (10) days; (f) Provide a written confidential report of the findings of the investigation, including whether there has a been a breach of this By-law and a recommendation as to the appropriate sanction for the violation no later than ninety (90) calendar days after the filing of the appeal, unless extended pursuant to Section 13(15) or, for a complaint handled under Section 15, after commencement of the handling of the complaint; (g) State in the report if there is a recommendation that no sanction be imposed if they determine that a violation of this By-law occurred but that the Member of Council took all reasonable steps to prevent it or that it was trivial or that it was committed through inadvertence or a genuine error of judgment; c) accorder au membre du conseil au moins dix (10) jours ouvrables pour soumettre une reponse ecrite a la plainte a I'attention de 1'enqueteur externe; d) examiner si la plainte peut titre resolue entre les parties sans faire de recommandations pour une sanction; e) si la plainte est resolue a la satisfaction des parties conformement a I'alinea (d), 1'enqueteur externe doit en informer le greffier par ecrit dans les dix (10) jours civils; f) fournir un rapport confidentiel ecrit des conclusions de 1'enquete, y compris, s'il y a eu, ('infraction au present arrete et une recommandation quant a la sanction appropriee pour ('infraction, au plus tard quatre-vingt-dix (90) jours civils apres le depot de I'appel, sauf s'il y a prolongation conformement a I'article 13(15) ou, pour une plainte traitee en vertu de I'article 15, apres le debut du traitement de la plainte; g) indiquer dans le rapport s'il est recommande qu'aucune sanction ne soit imposee s'ils constatent qu'il y a eu infraction au present arrete, mais que le membre du conseil a pris toutes les mesures raisonnables pour 1'empecher ou qu'elle etait insignifiante ou qu'elle a ete commise par inadvertance ou par une veritable erreur de jugement; (h) File the written confidential report with the h) deposer le rapport confidentiel ecrit aupres du City Clerk; greffier; (i) Provide a copy of the written confidential report to the complainant and the subject(s) of the complaint; and i) fournir une copie du rapport confidentiel ecrit au plaignant et a ceux qui font l'objet de la plainte; et 0) Present the confidential report to Council in a j) presenter le rapport confidentiel au conseil a une closed meeting. reunion a huis clos. 13(14) The ninety (90) calendar day timeline to complete an investigation may be extended by the external investigator depending on the nature and complexity of the investigation. Reasonable 13(14) Le delai de quatre-vingt-dix (90) jours civils pour mener a bien une enquete peut titre prolonge par 1'enqueteur externe en fonction de la nature et de la complexite de 1'enquete. Un preavis f84%Z:1 -21- notice of the extension shall be provided by the raisonnable de la prolongation doit titre fourni par external investigator to the City Clerk, the 1'enqueteur externe au greffier, au plaignant et a complainant and the subject(s) of the complaint. ceux qui font I'objet de la plainte. 13(15) Council, while acting in closed session of 13(15) Le conseil, statuant en comite a huis clos Committee, shall consider the confidential report examine le rapport confidentiel de 1'enqueteur from the external investigator. Its externe. Sa recommandation quant a l'opportunit6 recommendation with respect to whether a d'imposer une sanction pour rssoudre le probleme sanction should be imposed to resolve the matter est transmise au conseil pour decision. shall be forwarded to Council for a decision. 13(16) A Member of Council who is the subject of 13(16) Un membre du conseil qui fait I'objet d'une an investigation shall be afforded procedural enquete doit bsnsficier de 1'6quit6 procedurale, y fairness, including the opportunity to respond to compris la possibilite de rspondre aux allegations the allegation(s) before Council makes a decision avant que le conseil ne prenne une decision ou or imposes any sanction. n'impose une sanction. 13(17) A Member of Council who is the subject of 13(17) Un membre du conseil qui fait l'objet d'une an investigation is entitled to be represented by a enquete a le droit d'etre represents par un porte- spokesperson or legal counsel, at the Member of parole ou un conseiller juridique, a ses propres Council's sole cost and expense. frais. 13(18) The complaint process shall not apply 13(18) La procedure de plainte ne s'applique pas retroactively to any alleged violations of Members rstroactivement a toute violation prssumse par des of Council prior to the date on which this By-law membres du conseil avant la date a Iaquelle le was formally adopted by Council. present arret6 a sty officiellement adopts par le conseil. Remedial Action if Contravention Occurs Mesures correctives en cas d'infraction 14(1) Should a Member of Council breach any of 14(1) Si un membre du conseil enfreint un principe the principles outlined in this Code of Conduct 6nonc6 dans le present Arrete re/atif au code de By-law, Council may impose or do, but is not deonto/ogie, le conseil peut imposer, mais n'est limited to imposing or doing, the following: pas limits aux, dsrmarches suivantes: (a) Letter of reprimand; a) Une Iettre de rsprimande; (b) Exclusion of the Member of Council from b) L'exclusion du membre du conseil d'un from up to 3 meetings of a Council maximum de 3 reunions d'un comity du committee; conseil; (c) A sincere verbal or written apology by the c) La presentation d'excuses sincsres, Member of Council to the impacted verbales ou 6crites, par le membre du individual(s), Council, and/or the general conseil a l'individu ou aux individus public; concernss, au conseil ou au grand public; (d) Suspension or removal of the Member of d) Le suspension ou le retrait du membre du Council from the Council Committees conseil du comity du conseil (a 1'exclusion P4%tl -22- (excluding Committee of the Whole) and/or bodies to which the Member has been appointed by Council ; (e) Direct the Member of Council to attend training or counselling; (f) Reduction or suspension of remuneration paid by the City to the Member of Council for a period of up to ninety (90) days; (g) Restrictions on contact with staff; (h) Restrictions on travel and representation on behalf of Council; (i) Restrictions on access to local government facilities, property, equipment, supplies or services; (j) Restrictions on how documents are provided to the Member of Council; (k) Require the return of local government property or the reimbursement of its value; (1) Explore Offences and Penalties contained in the Local Governance Act that apply to Members of Council who violate the Disclosure of Conflict of Interest provisions of the Act; and (m) Pursue other penalties and sanctions contained in relevant federal or provincial legislation. du comite plenier) et/ou des organes auxquels le membre a ete nomme par le conseil; e) Exiger que le membre du conseil -assite a une formation ou a des seances d'orientation; f) Reduction ou la suspension de la remuneration versee par la ville au membre du conseil pendant une periode maximale de quatre-vingt-dix (90) jours; g) Restrictions concernant les contacts avec le personnel; h) Restrictions en matiere de deplacement et de representation au nom du conseil; i) Restrictions d'acces aux installations, biens, equipements, fournitures, ou services du gouvernement local; j) Restrictions sur la maniere dont les documents sont fournis au membre du conseil; k) Exiger la restitution des biens du gouvernement local ou le remboursement de leur valeur; 1) Explorer les infractions et peines prevues dans la Loi sur la gouvernance locale qui s'appliquent aux membres du conseil qui contreviennent aux dispositions de divulgation de conflit d'interets de la Loi; et m) Explorer les autres peines et sanctions prevues dans la legislation federale ou provinciale applicable. 14(2) Nothing in this By-law requires Council to 14(2) Rien dans ce reglement n'oblige le conseil a impose a sanction for every substantiated imposer une sanction pour chaque plainte complaint. Contraventions that were inadvertent motivee. Les contraventions qui ont ete commises or made in good faith may appropriately result in par inadvertance ou de bonne foi peuvent no sanction being imposed. entra-iner I'absence de sanction. f841.11 - 23 - 14(3) Council may develop and utilize further 14(3) Le conseil peut developper et utiliser d'autres confidential materials to guide appropriate and documents confidentiels pour guider la prise de consistent decision -making regarding sanctions. decision appropriee et coherente concernant les sanctions. 14(4) Council may, in accordance with the Right 14(4) Le conseil peut, conformement a la Loi surle to Information and Protection of Privacy Act, droit a l'information et la protection de la vie privee, direct that the details of the sanction imposed be ordonner que les details de la sanction imposee released to the public or remain private. soient rendus publics ou demeurent prives. 14(5) When imposing a sanction, including 14(5) Lorsqu'il impose une sanction, y compris deciding whether to release the details of the lorsqu'il decide de divulguer ou non les details de sanction to the public, Council must consider all la sanction au public, le conseil doit tenir compte of the following: de tous les elements suivants : a) the severity and consequences of the a) la gravite ou les consequences de la contravention; contravention; b) the principles and intent of this Code of b) les principes et ('intention du present code de Conduct; deontologie; c) the public interest; and c) I'interet public; et d) whether the Member of Council has previously d) si le membre du conseil a deja enfreint le contravened this code of conduct. present code de deontologie;. Suspension of Action during Election Period Suspension d'action pendant la periode electorale 15 Notwithstanding any other provisions of this 15 Nonobstant toute autre disposition du present By-law, arrete, (i) any formal complaint received by the City i) toute plainte officielle regue par le greffier dans Clerk within the ninety (90) calendar day period les quatre-vingt-dix (90) jours civils qui precedent immediately preceding the date of a municipal immediatement la date d'une election municipale election (the "Election Period") shall not be (la « periode electorale ))) ne ne sera pas referred to the Complaints Committee for renvoyee au comite des plaintes pour evaluation ; assessment and et (ii) any processing and/or investigation of a ii) tout traitement et/ou enquete d'une plainte en complaint in progress prior to the Election Period cours avant la periode electorale est suspendue shall be delayed until after the election has jusqu'a ce que ('election ait eu lieu. La plainte sera occurred. The complaint shall be handled within traitee dans un delai raisonnable apres la fin de la a reasonable period after completion of the periode electorale. election period. Repeal Abrogation 16 A By-law of The City of Saint John enacted on 16 L'arrete de The City of Saint John edicte le 8e the 8th day of July 2019 entitled "By-law Number four de juillet 2019 intitule « Arrete No LG-5, Arrete P"001 -24- LG-5, A By-law Respecting the Code of Conduct relatif au code de deonto/ogie pour les membres for Elected Members of The City of Saint John" elus de The City of Saint John », ensemble ses and all amendments thereto are repealed. modifications, sont abroges. IN WITNESS WHEREOF the City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the apposer son sceau communal sur le present arrete said City to be affixed to this By-law the day le 2022, avec les signatures of 2022 and signed by: suivantes Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 109191 - 25 - Schedule A NAME OF THE COMPLAINANT: I, (full name of individual signing and filing this Complaint), OF (full address) HEREBY MAKE THIS COMPLAINT AGAINST (name of Member(s) of Common Council alleged to have contravened A By-law Respecting the Code of Conduct for Elected Members of the Common Council of The City of Saint John (the "Code of Conduct')): I AM (choose one): Li a member of Common Council; u a City employee; u a City resident; Li other I HAVE REASONABLE AND PROBABLE GROUNDS TO BELIEVE THAT THE FOLLOWING SECTIONS OF THE CODE OF CONDUCT WERE CONTRAVENED: Contravention (please state which section(s) of the Code of Conduct you believe have been breached): NOTE: The Code of Conduct is available at SaintJohn.ca. You may also request a copy by phone, email, or in person through the City Clerk's office (General Counsel Office, 15 Market Square, Saint John, New Brunswick, E2L 4L1; cityclerk@saintjohn.ca; 506-648-3703) THE PARTICULARS OF WHICH ARE AS FOLLOWS: Statements of Fact (Why do you believe a Member of Common Council contravened the Code of Conduct? Please include the date, time and location of conduct, details and names of all persons involved and names of any witnesses and their contact information. Attach extra pages if necessary): Kill -26- SUPPORTING DOCUMENTATION: I have attached supporting records and/or additional pages no yes Number of attached pages (It is recommended that you provide supporting documentation that will help verify your complaint. Please attach any supporting documentation to this complaint and specify number of pages.) MY PERSONAL CONTACT INFORMATION: Full Email address: Phone number: Mailing City: Province: Postal code: name: Address: This Statement of Complaint is made and filed for the purpose of making a complaint regarding the conduct of one or more members of the Common Council of the City of Saint John. I UNDERSTAND THAT: u this form may be sent to the Member of Common Council; u supporting documentation relevant to this complaint may be sent to the Member of Common Council; u this form and supporting documents may be sent to an external investigator. I CERTIFY THAT I HAVE PERSONAL KNOWLEDGE of the facts as laid out in this form and I DECLARE THAT the information in this form is true and accurate to the best of my knowledge and belief. KIM -27- Signature of Complainant Date Please submit completed complaint in a sealed envelope to: The City Clerk of the City of Saint John Re: Code of Conduct Complaint City Hall, 15 Market Square, Saint John, New Brunswick 397 Queen Street, Fredericton, New Brunswick E21- 41-1 Personal information on this form is collected pursuant to the Government of New Brunswick Right to Information and Protection of Privacy Act, as amended, and will be used to review, asess and potentially investigate the details of the complaint. Any questions related to the collection and use of this information should be directed to the City Clerk, City Hall, 15 Market Square, Saint John, New Brunswick E21- 41-1, 506-648-3703 1919191 Annexe A NOM DU PLAIGNANT : Je, (nom complet de la personne qui signe et depose la presente plainte), DE (adresse complete) DEPOSE CETTE PLAINTE CONTRE (nom du ou des membres du conseil communal presumes avoir contrevenu a un reglement portant respect du Arrete relatif au code de deontologie pour les membres du conseil communal elus de The City of Saint John (le « code de deontologie ») pour les membres elus du conseil communal de la ville de Saint John: J E S U I S (choisissez-en un): Li un membre du Conseil communal; u un employe de la Ville; u un resident de la Ville; u autre TAI DES MOTIFS RAISONNABLES ET PROBABLES DE CROIRE QUE LES ARTICLES SUIVANTS DU CODE DE DEONTOLOGIE ONT ETE CONTREVENUS : Contravention (veuillez indiquer la ou les sections du Code de deontologie qui, selon vous, ont ete enfreintes) REMARQUE : Le code de deontologie est disponible a Fadresse SaintJohn.ca. Vous pouvez egalement en demander une copie par telephone, par courriel ou en personne au bureau du greffier municipal (Bureau du Chef du contentieux, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L 1; cityclerk@saintjohn. ca; 506-648-3703) DONT LES INDICATIONS SONT LES SUIVANTES: Enonc6s de faits (Pourquoi croyez-vous clu'un membre du conseil communal a enfreint le code de deontologie? Veuillez inclure la date, I'heure et le lieu de la conduite, les details et les noms de toutes les personnes impliquees, ainsi clue les noms des temoins et leurs coordonnees. Joignez des pages supplementaires si necessaire) : 19191111 -29- JUSTIFICATIFS: J'ai joint des pieces justificatives et/ou des pages supplementaires non oui Nombre de pages jointes (II est recommande de fournir des documents justificatifs qui vous aideront a verifier votre plainte. Veuillez joindre toute piece justificative a cette plainte et preciser le nombre de pages.) MES COORDONNEES PERSONNELLES : Nom complet : Adresse electronique Numero de telephone Adresse postale Ville : Le present enonce de plainte est fait et depose dans le but de deposer une plainte concernant la conduite d'un ou de plusieurs membres du conseil communal de la Ville de Saint John. JE COMMENDS QUE: ❑ ce formulaire peut titre envoye au membre du conseil communal; ❑ les pieces justificatives relatives a cette plainte peuvent titre envoyees au membre du conseil communal; ❑ ce formulaire et les pieces justificatives peuvent titre envoyes a un enqueteur externe. JE CERTIFIE QUE J'AI UNE CONNAISSANCE PERSONNELLE des faits tels qu'enonces dans ce formulaire et JE DECLARE QUE les informations contenues dans ce formulaire sont vraies et exactes au meilleur de ma connaissance et de ma croyance. Signature du plaignant Date -30- Veuillez soumettre votre plainte dument remplie dans une enveloppe scellee a I'adresse suivante Le greffier municipal de la Ville de Saint John Objet : Plainte relative au Code de conduite Hotel de ville, 15, place du Marche, Saint John (Nouveau -Brunswick) 397, rue Queen, Fredericton (Nouveau -Brunswick) E2L 41_1 Les renseignements personnels contenus clans ce formulaire sont recueillis en vertu de la Loi sur le droit a ('information et la protection de la vie privee du gouvernement du Nouveau -Brunswick, telle que modifiee, et seront utilises pour examiner, evaluer et eventuellement enqueter sur les details de la plainte. Toute question relative a la collecte et a ('utilisation de ces renseignements doit titre adressee au greffier municipal, Hotel de ville, 15 Market Square, Saint John (Nouveau -Brunswick) E2L 41-1, 506-648-3703 K19Z.1 THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting the Regulation of Ridesharing Companies in The City of Saint John By-law Number LG-18 An uncertified copy of this by-law is available online Arrete relatif a la reglementation des societes de covoiturage dans The City of Saint John Arrete numero LG-18 Une copie non certifiee de 1'arrete est disponible en Iigne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 3 Preambule 3 1 Title 3 1 Titre 3 2 Definitions 4 2 Definitions 4 3 Interpretation 6 3 Interpretation 6 4 Vehicle -for -Hire Company 7 4 Permis de societe de 7 License voiturage 5 Vehicle -for -Hire Company 9 5 Societe de voiturage titulaires 9 Licensees — Prohibitions d'un permis — Interdictions 6 Vehicle -for -Hire Company 9 6 Societe de voiturage titulaires 9 Licensees — Obligations d'un permis — Obligations 7 Drivers 12 7 Conducteurs 12 8 Records 13 8 Dossiers 13 9 Insurance 14 9 Assurance 14 10 Number of Ridesharing 16 10 Nombre de Vehicules de 16 Vehicles covoiturage 11 Drivers — Prohibitions 16 11 Conducteurs - Interdictions 16 12 Drivers — Obligations 18 12 Conducteurs - Obligations 18 13 Enforcement 19 13 Execution 19 14 Offences 19 14 Infractions 19 15 Administrative Penalties 19 15 Penalites administratives 19 Schedule A - Application for 21 Annexe A — Demande de 21 Vehicle -for -Hire Company permis d'une Societe de License voiturage [MU] -3- RECITALS WHEREAS The City of Saint John deems it advisable to pass this by-law because it will establish standards to regulate, control, and collect fees for the licensing of ridesharing companies; AND WHEREAS paragraph 10(1)(g) of the Local Governance Act, S.N.B. 2017, c. 18, authorizes a local government to enact by-laws respecting transport and transportation systems, including carriers of persons or goods, taxis and other forms of public transportation; AND WHEREAS section 1 of the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, defines a Vehicle -for - Hire Company and a Vehicle -for -Hire Service; AND WHEREAS section 197.1 of the Motor Vehicle Act restricts a Vehicle -for -Hire Company from carrying on business or facilitating the offer of Vehicle -for -Hire Services within the territorial limits of a local government unless authorized to do so by the local government; AND WHEREAS section 147 of the Local Governance Act, states that a local government may, by by-law, provide that a person who violates or fails to comply with any provision of a by-law commits an offence; AND WHEREAS subsection 156(1) of the Local Governance Act, states that a local government may require administrative penalties to be paid in respect of a contravention of a provision of a by- law of the local government; PREAM BU LE ATTENDU QUE la Municipalite de Saint John juge opportun de prendre le present arrete destine a reglementer, controler et percevoir des frais pour I'octroi de permis aux societes de covoiturage dans la Municipalite de Saint John; ET ATTENDU QUE I'alinea 10(1)g) de la Loi surla gouvernance locale, L.N.-B. 2017, ch. 18, autorise un gouvernement local a prendre des arretes concernant le transport et les moyens de transport, y compris les transporteurs de personnes ou de marchandises, les taxis et les autres formes de transport public; ET ATTENDU QUE I'article 1 de la Loi sur les vehicules a moteur, L.R.N.-B. 1973, ch. M-17, definie une Societe de voiturage et un Voiturage; ET ATTENDU QUE I'article 197.1 de la Loi sur les vehicules a moteur limite une Societe de voiturage d'exercer ses activites ou de faciliter I'offre du Voiturage dans les limites geographiques d'un gouvernement local, a moins d'y titre autorisee par celui-ci; ET ATTENDU QUE I'article 147 de la Loi sur la gouvernance locale, prevoit que, par voie d'arrete, un gouvernement local peut prevoir que commet une infraction quiconque contrevient ou omet de se conformer a quelque disposition que ce soit d'un arrete; ET ATTENDU QUE le paragraphe 156(1) de la Loi sur la gouvernance locale, prevoit qu'un gouvernement local peut exiger le paiement de penalites administratives relativement a toute contravention a une disposition d'un arrete du gouvernement local; NOW THEREFORE the Common Council of The A CES CAUSES le Conseil communal de la City of Saint John, enacts as follows: Municipalite de Saint John edicte : Title 1 This By-law may be cited as the Saint John Ridesharing By -Law (hereinafter the "By-law"). Titre 1 Le present arrete peut titre cite sous le titre Arrete concernant /e covoiturage a Saint John (ci-apres I' o Arrete ))). EcZi16-1 -4- Definitions 2(1) The words defined in section 1 of the Motor Vehicle Act, when used in this By-law, shall have the same meaning as the said Act. 2(2) The following definitions apply in this By-law: "By -Law Enforcement Officer" means a by-law enforcement officer appointed pursuant to section 72 of the Local Governance Act, and designated by resolution by Common Council (Agent charge de 1'execution des arretes); "Common Council" means the elected municipal council of the City (Conseil communal); "City" means The City of Saint John and includes the geographic bounds of The City of Saint John (Municipalite); "Driver" means an individual who, in affiliation with a Vehicle -For -Hire Company, transports Passengers in a Ridesharing Vehicle (Conducteur); "Driver Identification Card" means and includes a physical or electronic form approved by the City containing the following information: (a) The first and last name and photograph of the Driver; Definitions 2(1) Lorsqu'ils sont utilises dans le present Arrete, les termes definis a I'article 1 de la Loi sur les vehicules a moteur ont le sens qui Ieur est donne dans cette Ioi. 2(2) Les definitions qui suivent s'appliquent au present Arrete : Agent charge de 1'execution des arretes » designe un agent charge de 1'execution des arretes nomme conformement a I'article 72 de la Loi sur la gouvernance locale, et designe par resolution du Conseil communal (By-law Enforcement Officer); «Carte d'identification de conducteur» designe et inclut un formulaire physique ou electronique approuve par la Municipalite contenant les renseignements suivants : a) Les nom et prenom ainsi qu'une photographie du Conducteur; b) La marque, le modele et le numero de plaque d'immatriculation du Vehicule de covoiturage utilisee par le Conducteur; et c) Le nom et les coordonnees de la Societe de voiturage (Driver Identification Card); c Conducteur » designe un individu qui, en collaboration avec une Societe de voiturage, transporte des Passagers dans un Vehicule de covoiturage (Driver); ((Conseil communal » designe les membres elus du conseil municipal de la Municipalite (Common Counci/); c Identification de vehicule de covoiturage » designe un autocollant, un voyant de vehicule, ou autre identifiant, dans un format approuve par la Municipalite de Saint John, contenant le nom et/ou le logo d'une Societe de voiturage (Ridesharing Vehicle Identifier); a to] -5- (b) The make, model and license plate number of the Ridesharing Vehicle operated by the Driver; and (c) The name and contact information of the Vehicle -for -Hire Company (Carte d'identification de conducteur); "Insurance Act" means the Insurance Act, R.S.N.B. 1973, c. 1-12, and amendments thereto (Loi sur les assurances). c Loi sur I'assurance » designe la Loi sur Fassurance, L.R.N-B 1973, ch. 1-12 et les modifications afferentes (Insurance Act); "License" means a Ridesharing Company « Loi sur les vehicules a moteur» designe la Loi License issued under section 4 of this By-law sur les vehicules a moteur, L.R.N-B 1973, ch. M- (Permis); 17 et les modifications afferentes (Motor Vehicle Act); "Motor Vehicle Act" means the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, and amendments thereto (Loi sur les vehicules a moteur); "Passenger" means an individual transported by a Driver in a Ridesharing Vehicle in affiliation with a Vehicle -for -Hire Company (Passager); "Private Passenger Vehicle" means a motor vehicle designed and used primarily for the transportation of persons without remuneration and does not include a bus or taxicab (Voiture particuliere); "Ride" means the transportation of one or more Passengers in a Ridesharing Vehicle from the pick-up location to the drop-off location (Trajet); "Ridesharing Vehicle" means a Private Passenger Vehicle affiliated with a Vehicle -for -Hire Company used to provide a Vehicle -for -Hire Services ( Vehicule de covoiturage); "Ridesharing Vehicle Identifier" means a decal, vehicle light, or other identifier, in a form approved by The City of Saint John, which displays the name and/or logo of a Vehicle -For -Hire Company (Identification du vehicule de covoiturage); c Municipalite » designe The City of Saint John et inclut les limites geographiques de la Municipalite de Saint John (City); Passager » designe un individu transports pas un Conducteur dans un Vehicule de covoiturage en collaboration avec une Societe de voiturage (Passenger); Permis » designe un Permis de Societe de voiturage delivre sous I'article 4 du present Arrete (License); c Plateforme technologique » inclut les logiciels electroniques, telephones cellulaires ou autres services technologiques utilises par les Passagers pour obtenir un transport aupres d'un Voiturage ou d'une Societe de voiturage (Technology Platform); Societe de voiturage » s'entend d'une personne ou societe qui utilise ou offre une Plateforme technologique pour faciliter ('offre du Voiturage (Vehicle -for -Hire Company); Trajet » designe le transport d'un ou plusieurs Passagers dans un Vehicule de covoiturage du lieu de ramassage au lieu de dechargement (Ride); 311 -6- "Technology Platform" includes any electronic - based software, cellphone, or other technological service which permits Passengers to obtain transportation from a Vehicle -for -Hire Service or Vehicle -for -Hire Company (Plateforme technologique); "Vehicle -for -Hire Company" means a person or company who uses or offers a Technology Platform to facilitate the offer of Vehicle -for -Hire Services (Societe de voiturage); "Vehicle -for -Hire Service" means a service consisting of the prearranged transportation of Passengers for compensation offered by a Driver of a Ridesharing Vehicle through a Vehicle -for -Hire Company within the City of Saint John, but does not include any: (a) "Vehicle for Hire" that is already regulated by the Vehicle -For -Hire By-law of The City of Saint John; or (b) Bus transportation service or business (Voiturage); Interpretation Vehicule de covoiturage» designe une Voiture particuliere affiliee 6 une Societe de voiturage utilisee pour fournir le Voiturage (Ridesharing Vehicle); Voiturage » s'entend du service de transport pre -arrange de passagers moyennant remuneration qu'offre le Conducteur d'un Vehicule de covoiturage par I'intermediaire d'une Societe de voiturage dans la Municipalite de Saint John, mais n'inclut pas : a) « Vehicule de location » qui est deja reglemente par I'Arrete de Saint John reglementant /es vehicules de location de la Municipalite de Saint John; ou b) Les services ou entreprise de transport par autobus (Vehicle -for -Hire Service); Voiture particuliere » designe un vehicule a moteur congu et utilise principalement pour le transport gratuit de personnes et ne comprend pas un autobus ni un taxi (Private Passenger Vehicle); Interpretation 3 Rules for interpretation of the language used in 3 Les regles d'interpretation suivantes s'appliquent this By-law are contained in the lettered au present Arrete paragraphs as follows: (a) The captions, article and section names a) Les titres, intertitres et numeros des and numbers appearing in this By-law are dispositions ne servent qu'a faciliter la for convenience of reference only and have consultation de I'Arrete et ne doivent pas no effect on its interpretation. servir a son interpretation. (b) This By-law is to be read with all changes b) Le genre ou le nombre grammaticaux of gender or number required by the doivent titre adaptes au contexte. context. K51K 7- (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. (f) The Schedules attached to this By-law are included in and shall be considered part of this By-law. Vehicle -for -Hire Company License 4(1) Every person who wishes to operate a Vehicle -for -Hire Company in the City shall apply for a Vehicle -for -Hire Company License under this By-law. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations crees par le present Arrete s'ajoutent a celles decoulant d'autres arretes applicables de la municipalite ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de I'Arrete dans son ensemble ni de toute autre disposition. f) Les annexes jointes au present Arrete sont incluses et doivent titre considerees comme faisant partie du present Arrete. Permis de societe de voiturage 4(1) Toute personne qui souhaite exploiter une Societe de voiturage dans la Municipalite doit demander un Permis de Societe de voiturage conformement au present Arrete. 4(2) When applying for a License, an applicant 4(2) Pour toute demande de Permis de Societe de shall submit the form attached as Schedule "A" voiturage, le demandeur doit remettre le formulaire hereto and provide the following information joint en Annexe «A» et fournir les renseignements suivants : (a) The data security measures that the applicant has in place to protect the personal information of Drivers and Passengers affiliated with the Vehicle -for - Hire Company (b) Proof of the insurance requirement as required by this By-law. a) Les mesures de securite des donnees que le demandeur a mis en place pour proteger les renseignements personnels des Conducteurs et des Passagers affilies a la Societe de voiturage; b) La preuve d'assurance requise en vertu du present Arrete; 1911191 -8- (c) The number of Ridesharing Vehicles offering Vehicle -for -Hire Service affiliated with the applicant in the City; (d) Payment of all applicable fees required under this By-law, including: (i) The basic licensing amount; and (ii) All fees based on the number of Rides provided per month. c) Le nombre de Vehicules de covoiturage affilies au demandeur dans la Municipalite; d) Le paiement de tous les frais applicables requis conformement au present Arrete, notamment : i) Le montant du permis de base; et ii) L'ensemble des frais bases sur le nombre de Trajets effectues par mois. 4(3) The categories of Vehicle -for -Hire Companies 4(3) Les differentes categories de Societe de shall be: voiturage sont les suivantes: (a) Class A: one hundred vehicles or more (100+); (b) Class B: twenty-five (25) to ninety -ninety (99) vehicles; and (c) Class C: one (1) to twenty-four (24) vehicles. 4(4) Upon the initial application for a License under this By-law, an applicant shall pay the following fees to the City: (a) Class A - $7,253.00 (b) Class B - $2,469.00 (c) Class C - $807.00 4(5) For renewal of License, the applicant shall pay the following fees to the City: (a) Class A - $7,253.00 + $0.20/Ride from January 1 to December 31 in the previous year. (b) Class B - $2,469.00 + $0.20/Ride from January 1 to December 31 in the previous year. a) Classe A: cent vehicules ou plus (100+); b) Classe B : vingt-cinq (25) 6 quatre-vingt- dix-neuf (99) vehicules; et c) Classe C : un (1) a vingt-quatre (24) vehicules. 4(4) Lors de sa demande initiale de licence d'exploitation de Societe de voiturage conformement au present Arrete, le demandeur doit payer les frais suivants a la Ville : a) Classe A - 7 253 $ b) Classe B - 2 469 $ c) Classe C - 807 $ 4(5) Pour une demande de renouvellement de Permis de Societe de voiturage, le demandeur doit payer les frais suivants a la Municipalite : a) Classe A - 7 253 $ + 0,20 $/Trajet du 1 janvier au 31 decembre de I'ann(§e precedente. b) Classe B - 2 469 $ + 0,20 $/Trajet du 1 janvier au 31 decembre de I'annee precedente. c) Classe C - 807 $ + 0,20 $/Trajet du 1 janvier au 31 decembre de I'annee precedente. K5I[! M (c) Class C - $807.00 + $0.20/Ride from January 1 to December 31 in the previous year. 4(6) No person shall carry on a Vehicle -for -Hire 4(6) Toute personne qui souhaite exploiter une Company within the City unless they hold a current Societe de voiturage dans la Municipalite doit License issued pursuant to this By-law. detenir un Permis delivre conformement au present Arrete. 4(7) Every License issued under this By-law shall 4(7) Tout Permis delivre en vertu du present Arrete expire one (1) year after first being issued. expire un (1) an apres avoir ete delivre. Vehicle -for -Hire Company Licensees — Prohibitions 5 No Vehicle -for -Hire Company shall: (a) Breach any applicable prohibition or obligations of License holders under this By-law; or (b) Permit any of its Drivers to breach any prohibition or obligation of Drivers under this By-law. Vehicle -for -Hire Company Licensees — Obligations 6(1) Every Vehicle -for -Hire Company licensee shall have a Technology Platform. 6(2) The Technology Platform shall: (a) At the time when transportation is being arranged, provide the Passenger requesting the transportation: (i) The name and contact information of the Vehicle -for -Hire Company licensee; (ii) The first name and photograph of the Driver who will provide the Ride; (iii) The make, model, and license plate number of the Ridesharing Vehicle that will provide the Ride; Societe de voiturage titulaires dun permis — Interdictions 5 Les Societes de voiturage ne peuvent : a) Enfreindre les interdictions ou obligations applicables des titulaires de Permis conformement au present Arrete; ou b) Autoriser I'un de ses Conducteurs a enfreindre les interdictions ou obligations des Conducteurs conformement au present Arrete. Societe de voiturage titulaires dun permis — Obligations 6(1) Chaque titulaire d'un Permis de Societe de voiturage doit disposer d'une Plateforme technologique. 6(2) La Plateforme technologique doit: a) Au moment of le transport est organise, fournir a la personne qui demande le transport : i) Le nom et les coordonnees du titulaire du Permis de Societe de voiturage; ii) Le pr(§nom ainsi qu'une photographie du Conducteur charge du Trajet; iii) La marque, le modele et le numero de plaque d'immatriculation du Vehicule de covoiturage utilise pour les Trajets en question; 191M -10- (iv) Any special surcharge that will be applicable for the Ride; (v) An estimate of the total cost of the Ride; and (vi) The current location of the Ridesharing Vehicle. (b) Permit a Passenger to accept or refuse arranged transportation before it begins and to record such acceptance or refusal; (c) Provide a secure payment mechanism that is compliant with Payment Card Industry Security Standards Council standards and guidelines; (d) Provide a printed or electronic receipt to the Passenger at the end of the Ride that includes the information confirming: (i) Fare rate and surcharges; (ii) Total amount paid; (iii) Date and time of pickup; (iv) Location where the Passenger was picked up and dropped off; and (v) First name of the Driver. (e) Provide a link where the Passenger may rate or provide comments upon the Vehicle -for -Hire Service or the Driver. 6(3) Every Vehicle -for -Hire Company licensee shall make available to the public on its Technology Platform, and by any other means of its choice, the following information: (a) The insurance coverage required to be maintained by the Vehicle -for -Hire Company and by each Driver; iv) Tout supplement specifique applicable au Trajet; v) Une estimation du cout total du Trajet; et vi) L'emplacement actuel du Vehicule de covoiturage. b) Permettre a une personne d'accepter ou de refuser un transport organise avant qu'il ne commence et enregistrer I'acceptation ou le refus en question; c) Fournir un mecanisme de paiement securise conforme aux normes et directives du Conseil des normes de securite de I'industrie des cartes de paiement; d) Fournier un regu imprime ou electronique au Passager a la fin du Trajet, incluant les renseignements confirmant : i) Le tarif et/ou les supplements; ii) Le montant total paye; iii) La date et I'heure de ramassage; iv) Le lieu de ramassage et de debarquement du Passager; et v) Le prenom du Conducteur. e) Fournir un lien permettant au Passager de soumettre une evaluation et de publier des commentaires sur le Vehicule de covoiturage ou le Conducteur. 6(3) Chaque titulaire d'un Permis de Societe de voiturage doit mettre a disposition du public sur sa Plateforme technologique, et par tout autre moyen de son choix, les renseignements suivants : a) L'assurance obligatoire que ce titulaire et chaque Conducteur doivent detenir; -11- (b) The applicable screening process for Drivers and Ridesharing Vehicles; (c) That Drivers may only provide Vehicle -for - Hire Service that are prearranged using the Technology Platform of the Vehicle -for -Hire Company and cannot accept Passengers by any other means, including street hails or taxicab stands; and (d) That Drivers cannot accept cash payment for Rides. 6(4) Every License holder shall issue a Driver Identification Card to each of its Drivers. b) Le processus de selection applicable des Conducteurs et Vehicules de covoiturage; c) Que les Conducteurs ne peuvent fournir que des services de transport planifies au prealable en utilisant la Plateforme technologique du titulaire du Permis de Societe de voiturage, et qu'ils ne peuvent accepter d'auto-stopper ni prendre de Passagers aux arrets pour taxis; et d) Que les Conducteurs ne peuvent accepter de paiement especes pour des Trajets. 6(4) Le titulaire d'un Permis doit remettre une Carte d'identification de conducteur a chacun de ses Conducteurs. 6(5) Every License holder shall issue a current 6(5) Le titulaire d'un Permis doit remettre une Ridesharing Vehicle Identifier to each of its Identification de vehicule de covoiturage a chacun Drivers. de ses Conducteurs. 6(6) Every License holder shall keep, in electronic 6(6) Chaque titulaire d'un Permis doit conserver, format, a current list of all Drivers and Ridesharing en format electronique, une liste mise a jour de Vehicles being used in Vehicle -for -Hire Service, tous ses Conducteurs et Vehicules de covoiturage which shall include: utilises dans le cadre du Voiturage, qui dolt inclure (a) The full name, address, and telephone number of each Driver; (b) The make, model, and license plate number of each Ridesharing Vehicle being used in Vehicle -for -Hire Service; and (c) The Ridesharing Vehicle Identifier Drivers 7(1) License holders shall ensure that each Driver offering Vehicle -For -Hire Service meets the following requirements: (a) Is at least 19 years of age; a) Le nom complet, I'adresse et le numero de telephone de chaque Conducteur; b) La marque, le modele et le numero de plaque d'immatriculation de chaque Vehicule de covoiturage; et c) L'Identification de vehicule de covoiturage. Conducteurs 7(1) Le titulaire d'un Permis doit s'assurer que chacun des Conducteurs qui offrent le Voiturage : a) Est age de 19 ans ou plus; (b) Has been issued a valid driver's license for b) Detient un permis de conduire valide pour the operation of a motor vehicle for the ('utilisation d'un vehicule motorise pour current year pursuant to the Motor Vehicle I'annee en cours, conformement aux Act and regulations thereunder, and dispositions de la Loi sur les vehicules a moteur et aux reglements afferents; et K5rA -12- (c) Has been advised and consents to the information under this section of this By-law being submitted to the City for the purposes of auditing or ensuring compliance with this By-law. 7(2) A License holder shall obtain a criminal record check that is less than ninety (90) days old and driver's record abstract less than thirty (30) days old for each Driver: (a) Prior to issuing a Driver Identification Card; and (b) Every twelve (12) months thereafter 7(3) Every License holder shall: (a) Review the records contemplated at subsection 7(2) of this By-law; (b) Ensure that the Driver does not have any outstanding criminal charges; and (c) Terminate the relationship with any Driver who is not suitable for providing Rides. 7(4) Every License holder shall be responsible to ensure that every Driver to whom it has issued a Driver Identification Card complies with all obligations on Drivers imposed by section 12 of this By-law. 7(5) Every License holder shall immediately terminate its affiliation with a Driver and cancel the Driver's Driver Identification Card if: (a) The Driver fails to satisfy any of the obligations imposed by section 12 of this By-law; or (b) If the City notifies the License holder that the Driver has acted in manner that is adverse to the public interest or public safety. c) A ete informe et consent a ce que les renseignements prevus au present article soient soumis a la Municipalite aux fins de verification et de conformite au present Arrete. 7(2) Le titulaire d'un Permis doit obtenir une verification du casier judiciaire datant de moins de quatre-vingt-dix (90) jours et un dossier de conduite de moins de trente (30) jours pour chacun des Conducteurs : a) Avant de delivrer une Carte d'identification de conducteur; et; b) Chaque douze (12) mois par la suite. 7(3) Chaque titulaire d'un Permis doit: a) Examiner les dossiers prevus au paragraphe 7(2) du present Arrete; b) S'assurer que le Conducteur ne fait I'objet d'aucune procedure criminelle en instance; et c) Mettre fin a la relation qui le lie a tout Conducteur non apte a fournir des Trajets. 7(4) Chaque titulaire d'un Permis doit s'assurer que les Conducteurs auxquels it a delivre une Carte d'identification de conducteur respectent les obligations des Conducteurs prevues a I'article 12 du present Arrete. 7(5) Chaque titulaire d'un Permis doit immediatement mettre fin a sa collaboration avec un Conducteur et annuler la Carte d'identification du conducteur si: a) Le Conducteur ne satisfait pas les obligations specifiees a I'article 12 du present Arrete; ou b) Si la Municipalite informe le titulaire d'un Permis que le Conducteur a agi d'une fagon qui nuit a I'interet public ou a la securite publique. 1911E-13 -13- 7(6) Upon termination in accordance with section 7(5) of this By-law, the License holder shall ensure that the former Driver no longer has access as a Driver to the Technology Platform. Records 8(1) Every License holder shall create and maintain for two (2) years, records containing the following information: (a) The total number of Rides provided per year; (b) The total number of Drivers providing Rides per year; (c) The total number of Ridesharing Vehicles providing Rides per year; (d) The Driver and Vehicle -for -Hire Service information corresponding with each requested Ride, including: (i) The full name of the Driver; (ii) The license plate number of the Ridesharing Vehicles providing a Vehicle -for -Hire Service; (iii) The date, time and duration of the Ride; (iv) The location where each Passenger was picked up and dropped off; and (v) Hours and minutes spent by the Vehicle -for -Hire Service in transporting each Passenger, including time spent en route to pick up the Passenger. 7(6) Des la fin d'une collaboration conformement au paragraphe 7(5) du present Arrete, le titulaire d'un Permis doit s'assurer que I'ancien Conducteur en question n'a plus acces, en tant que Conducteur, a la Plateforme technologique. Dossiers 8(1) Le titulaire d'un Permis cree et tient a jour pendant deux (2) ans des dossiers contenant les renseignements suivants : a) Le nombre total de Trajets effectues par annee; b) Le nombre total de Conducteurs fournissant des Trajets par annee; c) Le nombre total de Vehicules de covoiturage utilises pour les Trajets par annee; et d) Les renseignements concernant le Conducteur et le Vehicule de covoiturage correspondant a chaque Trajet, notamment i) Le nom complet du Conducteur; ii) Le numbro de plaque d'immatriculation du Vehicule de covoiturage offrant le Voiturage; iii) La date, I'heure et la duree du Trajet; iv) Les lieux approximatifs de ramassage et de debarquement de chaque Passager; et v) Le nombre d'heures et de minutes de transport de chaque Passager dans le Vehicule de covoiturage, y compris le temps passe pour se rendre jusqu'au lieu de ramassage du Passager. 8(2) Upon request by the City, the License holder 8(2) A la demande de la Municipalite, le titulaire shall make the records listed at subsection 8(1) d'un Permis fournit a la Municipalite les dossiers available electronically to the City within a mentionnes au paragraphe 8(1) au format reasonable time. electronique dans un delai raisonnable. -14- 8(3) The License holder shall keep all records in respect of each Driver for two (2) years after the Driver ceases to be affiliated with the Licensee. Insurance 8(3) Le titulaire d'un Permis doit conserver tous les dossiers concernant chacun des Conducteurs pour une duree de (2) ans suivant la cessation de la relation entre le Conducteur et le titulaire du Permis. Assurance 9(1) Every License holder shall obtain and 9(1) Tous les titulaires de Permis doivent obtenir et maintain at all times, insurance coverage: maintenir en tout temps une police d'assurance : (a) Of at least two -million dollars ($2,000,000.00) including public liability and property damage; (b) From an insurer authorized to issue indemnity insurance policies in the Province of New Brunswick; (c) Against liability for damages resulting from injury to or death of one or more persons and property damage in any one incident that includes: (i) Contingent employers' liability and personal injury; (ii) Broad form property damage and occurrence property damage; and (iii) Employees as additional insurance, and cross -liability and severability of interest provision. (d) In the name of the License holder; (e) That names the City as an additional insured; a) D'au moins deux millions de dollars (2 000 000,00 $) couvrant la responsabilite civile et les dommages aux biens; b) Delivree par une societe d'assurance autorisee a emettre des polices d'assurance et d'indemnisation dans la province du Nouveau -Brunswick; c) En responsabilite pour tout dommage en cas de blessure ou de deces d'une ou de plusieurs personnes et pour les degats materiels resultant d'un incident comprenant : i) La responsabilite eventuelle de I'employeur et les dommages corporels; ii) La formule etendue de I'assurance dommages materiels et les dommages materiels causes par un evenement; et iii) Les employes designes comme assures supplementaires, ainsi que la responsabilite croisee et une clause d'individualite d'interet; d) Au nom du titulaire de Permis; e) Qui designe la Municipalite comme assure supplementaire; (f) That contains Non -Owned Automobile f) Qui contient une assurance automobile des Insurance, issued by a company non-proprietaires delivree par une societe authorized to issue indemnity insurance autorisee a emettre des polices policies in the Province of New Brunswick, d'assurance et d'indemnisation dans la province du Nouveau -Brunswick, avec une E9YU -15- with limits of not less than two million ($2,000,000.00) inclusive, per occurrence for public liability, bodily injury, death and damage to property; (g) Permitting Drivers to carry Passengers for a Vehicle -for -Hire Company endorsement, or an equivalent endorsement acceptable to the City, included within an automobile liability insurance policy maintained on behalf of every Driver; and (h) Containing an endorsement requiring the insurer to provide the City with at least thirty (30) days prior written notice of any cancellation or variation of the policy. 9(2) Every License holder shall, upon request, provide the City with proof that each Ridesharing Vehicle offering a Vehicle -For -Hire Service affiliated with the License holder is covered by insurance required under this By-law. 9(3) If a License holder fails to comply with the insurance requirements as set out in this By-law, the City shall immediately suspend their License until such time as they provide proof, to the satisfaction of the City, that they are in full compliance with this By-law. Number of Ridesharing Vehicles 10(1) Vehicle -for -Hire Companies shall be categorized according to the number of affiliated Ridesharing Vehicles offering Vehicle -for -Hire Services. 10(3) When the number of Ridesharing Vehicles offering Vehicle -For -Hire Services affiliated with a License holder changes, the License holder shall immediately notify the City. 10(4) When the number of Ridesharing Vehicles offering Vehicle -for -Hire Services affiliated with a License holder change and affects the category in limite ne pouvant titre inferieure a deux millions de dollars (2 000 000,00 $) par evenement, pour la responsabilite civile, les dommages corporels, le deces et les dommages aux biens; g) Permettant de transporter, moyennant contrepartie, des passagers selon approbation d'une Societe de voiturage, ou une approbation equivalente acceptable pour la Municipalite, y compris avec une police d'assurance responsabilite civile automobile souscrite pour le compte de chaque Conducteur; et h) Contenant une mention exigeant de I'assureur qu'il fournisse a la Municipalite une notification ecrite prealable au moins trente (30) jours avant annulation ou modification de la politique. 9(2) Chaque titulaire d'un Permis fournit a la Municipalite, sur demande de celle-ci, la preuve que tous les Vehicules de covoiturage affilies au titulaire du Permis en question sont couverts par une assurance, conformement au present Arrete. 9(3) Si un titulaire de Permis ne respecte pas les obligations relatives a I'assurance telles que specifiees dans le present Arrete, la Municipalite immediatement suspend son Permis jusqu'a ce que le titulaire puisse prouver, a la satisfaction de la Municipalite, qu'il est en totale conformite avec le present Arrete. Nombre de Vehicules de covoiturage 10(1) Les Societes de voiturage font I'objet d'un classement sur la base du nombre de Vehicules de covoiturage offrant le Voiturage. 10(3) Lorsque le nombre de Vehicules de covoiturage offrant le Voiturage d'un titulaire de Permis change, ce dernier doit immediatement en informer la Municipalite. 10(4) Lorsque le nombre de Vehicules de covoiturage offrant le Voiturage affilies a un titulaire de Permis change et que ceci affecte la 321 -16- which the License was classified, the License holder shall immediately notify the City and, in the event of an increase, shall pay the corresponding fee under section 4 of this By-law within two (2) business days of such notification. Drivers — Prohibitions categorie dans laquelle le titulaire de Permis etait classe, le titulaire de Permis en informe immediatement la Municipalite et, en cas d'augmentation, paie les frais correspondants conformement a I'article 4 du present Arrete dans Ies deux (2) jours ouvrables qui suivent une telle notification. Conducteurs — Interdictions 11(1) No person shall hold themselves out as a 11(1) Pour se presenter comme Conducteur, une Driver unless they: personne doit remplir Ies conditions suivantes : (a) Have been authorized by a License holder to act as a Driver for the Vehicle -for -Hire Company; and (b) Possess a current Driver Identification Card issued by a License Holder. 11(2) No Driver shall: (a) Request payment for anything other than as permitted under this By-law; (b) Refuse a request for a Ride by an individual accompanied by a service animal; (c) Pick up any Passenger in response to a street hail or by any other means other than through the Technology Platform; (d) Operate a Ridesharing Vehicle in a Vehicle -for -Hire Service that resembles a taxicab in any manner, such as bearing external advertising or a roof sign; (e) Operate a Ridesharing Vehicle in a Vehicle -for -Hire Service without the insurance requirements under section 9 of this By-law; (f) Accept payment by cash for any Rides; a) Avoir requ I'autorisation d'un titulaire de Permis d'agir en tant que tel pour la Societe de voiturage; b) Posseder une Carte d'identification de conducteur en cours de validite delivree par un titulaire de Permis. 11(2) II est interdit a tout Conducteur de : a) Demander le paiement pour un service autre que ceux autorises en vertu du present Arrete; b) Refuser une demande de Trajet pour un individu accompagne d'un animal de service; c) Prendre un Passager faisant de I'auto-stop ou par tout autre moyen que la Plateforme technologique; d) Conduire un Vehicule de covoiturage qui ressemble d'une quelconque maniere a un taxi, par exemple en affichant une publicite externe ou une enseigne; e) Conduire un Vehicule de covoiturage sans respecter Ies exigences en matiere d'assurance, pr(§vues a I'article 9 du present Arrete; f) Accepter un paiement en especes pour un service de transport; 19YA -17- (g) Accept Passengers through any other method other than the Technology Platform; (h) Smoke or vape or permit any Passenger to smoke or vape in a Ridesharing Vehicle while being used for transportation as a Vehicle -for -Hire Service; (i) Transport more Passengers than there are effectively operating seat belt assemblies in the Ridesharing Vehicle operating the Vehicle -for -Hire Service; or (j) Breach any applicable obligations on Driver's imposed by this By-law. Drivers — Obligations 12(1) Every Driver shall: g) Accepter des Passagers en utilisant une autre methode que la Plateforme technologique; h) Fumer ou vapoter ou autoriser un Passager a fumer ou vapoter dans un Vehicule de covoiturage pendant un Trajet de Voiturage; i) Transporter un nombre de Passagers superieur au nombre de sieges equipes d'une ceinture de securite operationnelle dans le Vehicule de covoiturage exploitant le Voiturage; ou j) Ne pas respecter les obligations applicables aux Conducteurs prevues au present Arrete. Conducteurs — Obligations 12(1) Tout Conducteur est tenu de : (a) Advise and immediately deliver to the City a) Informer et remettre immediatement a la at a location designated by the City any Municipalite, a un endroit designe par la property of the Passenger lost or left in the Municipalite, tout bien du Passager perdu Ridesharing Vehicle; ou laisse dans le Vehicule de covoiturage; (b) Keep their Driver Identification Card in plain sight in the Ridesharing Vehicle at all times when they are providing Rides; (c) Upon demand by the City, a By-law Enforcement Officer or any Police Officer, produce: (i) Their Driver Identification Card; (ii) Proof of insurance as required by this By-law; and (iii) Any other relevant information pertaining to them or to their operation of the Ridesharing Vehicle; (d) Upon demand by the City, a By-law Enforcement Officer or any Police Officer, submit the Ridesharing Vehicle for b) Maintenir sa Carte d'identification de conducteur visible a tout moment dans le Vehicule de covoiturage lorsqu'il effectue des Trajets pour le compte de la Societe de voiturage; c) Sur demande de la Municipalite, d'un Agent d'execution des arretes ou d'un agent de police, produire : i) Sa Carte d'identification de conducteur; ii) La preuve de I'assurance requise par le present Arrete; et iii) Tout autre renseignement pertinent le concernant ou concernant son utilisation du Vehicule de covoiturage; d) Sur demande de la Municipalite, d'un Agent d'execution des arretes ou d'un agent de police, soumettre le Vehicule de 19Y491 - is - inspection at such time and place as specified; (e) Install the Ridesharing Vehicle Identifier as provided by the License holder, in the front bottom of the passenger's side of the windshield on the Ridesharing Vehicle in such a manner that it is clearly visible and identifiable from the exterior; and (f) Keep the Ridesharing Vehicle Identifier in its required location whenever they are providing transportation. 12(2) Every Driver shall ensure that the Ridesharing Vehicle being used in a Vehicle -For - Hire Service: (a) Is no more than eight (8) years old; and (b) Has a valid and current certificate of inspection showing that the vehicle has been inspected pursuant to the provisions of the Motor Vehicle Act, at the time the Driver begins to provide Rides and annually thereafter. Enforcement 13 Common Council may, for the purposes of the administration and enforcement of this By-law appoint By -Law Enforcement Officers who may exercise such powers and perform such duties as set out under this By-law or in the Local Governance Act. Offences 14 Every person who violates any provision of this By-law is guilty of an offence and liable upon summary conviction to a fine of not less than five hundred dollars ($500.00) and not more than two thousand one hundred dollars ($2,100.00). Administrative Penalties 15(1) The City may require an administrative penalty to be paid with respect to a violation of a covoiturage a une inspection a la date et au lieu specifies; e) Installer I'Identification de vehicule de covoiturage fourni par la Societe de voiturage sur la partie inferieure du pare- brise, cote passager, du Vehicule de covoiturage, de sorte qu'il soit parfaitement visible et identifiable de 1'exterieur; et f) Garder I'Identification de vehicule de covoiturage a 1'emplacement requis, lors de chaque trajet. 12(2) Tout Conducteur est tenu de s'assurer que le Vehicule de covoiturage utilise dans le cadre du Voiturage: a) N'a pas plus de huit (8) ans; et b) Dispose d'un certificat de controle en cours de validite, demontrant que le vehicule a ete inspecte conformement aux dispositions de la Loi sur les vehicules a moteur, au moment ou le Conducteur commence a fournir des Trajets, et annuellement, par la suite. Execution 13 Le Conseil communal peut, aux fins de I'administration et de 1'execution du present Arrete, nommer des Agents d'execution des arretes qui peuvent exercer les pouvoirs et les fonctions prevus par le present Arrete ou dans la Loi sur la gouvernance locale. Infractions 14 Toute personne qui contrevient a une disposition du present Arrete est coupable d'une infraction et est passible sur condamnation sommaire d'une amende d'au moins cinq cent dollars (500 $) et d'au plus deux mille cent dollars (2 100 $). Penalites administratives 15(1) La Municipalite peut exiger qu'une penalite administrative soit payee relativement a une -19- provision of this By-law as set out in subsection infraction a une disposition de cet Arrete, comme 15(2). prevu au paragraphe 15(2). 15(2) A person who violates any provision of this By-law may pay to the City within 30 calendar days from the date of such violation an administrative penalty of two hundred and fifty dollars ($250.00), and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 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 , 2022 and signed by: 15(2) Toute personne qui contrevient a une disposition du present Arrete peut payer a la Municipalite dans un delai de 30 jours civils a compter de la date de ladite infraction, une penalite administrative de deux cent cinquante dollars (250 $), et une fois I'amende payee, la personne n'est plus susceptible de poursuites judiciaires. EN FOI DE QUOI The City of Saint John a fait apposer son sceau municipal sur le present Arrete le 2022, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - April 19, 2022 Premiere lecture Second Reading - April 19, 2022 Deuxieme lecture Third Reading - Troisieme lecture - le 19 avril 2022 - le 19 avril 2022 K��G1 -20- Schedule A Application for Vehicle -for -Hire Company License To Be Completed By Applicant: Applicant's Name: (Please Print) Applicant's Address: Telephone: Proposed Company Name: Proposed Company Location: (Day) Status: ❑ Individual ❑ Partnership ❑ Corporation If the applicant is a partnership, a copy of the partnership agreement must be attached. If the applicant is a corporation, a copy of the article of incorporation must be provided with certificate that the applicant is a corporation in good standing with Service New Brunswick Corporate Registry. If the applicant is a partnership or corporation, list the members of the partnership or the officers and directors of the corporation. Name Number of Ridesharing Vehicles: Date of Birth List of Ridesharing Vehicles by License Plate Number (attach additional list if necessary): Please outline the data security measures the applicant has in place to protect the personal information of Drivers and Passengers affiliated with the Vehicle -for -Hire Company (attach additional paper if necessary): Do you or any of the officers, directors or partners, or the company have any convictions for any offences under the Criminal Code of Canada, the Controlled Drug and Substances Act, the Food and Drug Act of Canada, the Young Offenders Act or the Liquor Control Act within the last five years? If "YES" explain the 19YU -21- nature of the offence(s) in the space provided below. (Notwithstanding the foregoing, "criminal record" includes any pardons and criminal offences found within the Schedule to the Criminal Records Act.) ❑ NO ❑ YES Signature of Applicant: To Be Reviewed By Applicant: It is the responsibility of the applicant to complete the form correctly. CHECKLIST: Please complete all documents prior to submitting Application Package to the City of Saint John. Check off boxes to ensure your Application can be processed. ❑Applicant has attained the full age of 19 years. ❑ Application Form — completed by Applicant. ❑ Confirmation of insurance as identified under the Saint John Ridesharing By-law. ❑ Checklist — reviewed by Applicant. ❑ Present completed Application Package in person to the City of Saint John Customer Service Centre. City of Saint John - Customer Service Centre Telephone: (506) 658-4455 City Hall, 15 Market Square Hours of Operation: Saint John, NB E2L 41_1 Monday to Friday, 8:30AM — 4:30PM ❑ Payment for Vehicle -for -Hire Company License: The following fees shall be paid to the City upon application for a Vehicle -for -Hire Company License under this By-law: (a) Class "A" - $7253.00 (b) Class "13% $2469.00 (c) Class "C- $807.00 The following fees shall be paid to the City upon renewal for a Vehicle -for -Hire Company License under this By-law: (a) Class "A" - $7253.00 + $0.20/ trip (January 1 — December 31 previous year) (b) Class "13% $2469.00 + $0.20/ trip (January 1 — December 31 previous year) (c) Class "C"- $807.00 + $0.20/ trip (January 1 — December 31 previous year) (For payment by cheque: make cheque payable to the City of Saint John) To be completed by the By -Law Enforcement Officer: -22- This application is: ❑ APPROVED ❑ DENIED Reason(s) for denial Signature: Date: By-law Enforcement Officer Year/Month/Day 19M.13 - 23 - Annexe A Demande de permis d'une Societe de voiturage A remplir par le requ(?rant : Nom du requerant : (Caracteres d'imprimerie S.V.P.) Adresse du requerant : Telephone: Nom commercial propose : Emplacement commercial propose: Qour) Statut: ❑ Un particulier ❑ Societe de personne ❑ Corporation Si le requerant est une societe de personnes, une copie du contrat de societe de personnes doit titre jointe. Si le requerant est une corporation, une copie du statut constitutif doit titre fournie avec un certificat attestant que le requerant est une corporation en regle avec le Registre corporatif de Service Nouveau - Brunswick. Si le requerant est une societe de personnes ou une corporation, enumerez les membres de la societe de personnes ou les dirigeants et administrateurs de la corporation. Nom Nombre de Vehicules de covoiturage : Date de naissance Liste des Vehicules de covoiturage par numero de plaque d'immatriculation Qoindre une liste supplementaire si necessaire) : Veuillez decrire les mesures de securite des donnees que le demandeur a mis en place pour proteger les renseignements personnels des Conducteurs et des Passagers affilies a la Societe de voiturage Qoindre des renseignements supplementaires au besoin) : 19NO.1 -24- Est-ce que vous ou l'un des dirigeants, administrateurs ou associes, ou 1'entreprise, avez ete condamne pour une infraction au Code criminel, a la Loi reglementant certaines drogues et autres substances, a la Loi sur les aliments et drogues du Canada, a la Loi sur les jeunes contrevenants ou a la reglementation des alcools au cours des cinq dernibres annees? Si « OUI », expliquez la nature de l'infraction ou des infractions dans 1'espace prevu ci-dessous. (Nonobstant ce qui precede, le « casierjudiciaire » comprend toutes Ies rehabilitations et infractions criminelles figurant dans I'annexe de la Loi sur le casierjudiciaire.) ❑ NON ❑ OUI Signature du requerant: A examiner par le requerant: II incombe au requerant de remplir correctement le formulaire. LISTS DE CONTROLE : Veuillez remplir tous Ies documents avant de soumettre le dossier de demande a la Ville de Saint John. Cochez Ies cases pour vous assurer que votre demande peut titre traitee. ❑ Le requerant a atteint I'age de 19 ans. ❑ Formulaire de demande - rempli par le requerant. ❑ Confirmation d'assurance telle que definie dans le cadre de I'Arrete concernant le covoiturage a Saint John. ❑ Liste de controle - examinee par le requerant. ❑ Presenter le dossier de demande dument rempli en personne au centre du services a la clientble de la Ville de Saint John. La Ville de Saint John — Centre de service a la clientble Telephone : (506) 658-4455 Hotel de ville, 15 Market Square Heures d'ouverture : Saint John, N-B E21- 41-1 Du Iundi au vendredi, de 8:30 h a 16:30 ❑ Paiement du permis d'une Societe de voiturage Les frais suivants doivent titre payes a la Ville Tors de la demande d'un Permis d'une Societe de voiturage conformement au present arrbte: (a) Classe « A » - 7 253,00 $ (b) Classe « B » - 2 469,00 $ (c) Classe « C » - 807,00 $ Les frais suivants doivent titre payes a la Ville Tors du renouvellement d'un Permis d'une Societe de voiturage conformement au present arrete : (a) Classe « A » - 7 253,00 $ + 0,11 $/trajet (du 1 er janvier au 31 decembre de I'annee precedente) (b) Classe « B » - 2 469,00 $ + 0,11 $/trajet (du 1 er janvier au 31 decembre de I'annee precedente) (c) Classe « C » - 807,00 $ + 0,11 $/trajet (du 1 er janvier au 31 decembre de I'annee precedente) [title] - 25 - (Pour le paiement par cheque : libeller le cheque a I'ordre de la Ville de Saint John) A remplir par I'agent d'execution des arretes : Cette demande est : ❑ APPROUVEE ❑ REFUSEE Raison(s) du refus Signature: Date: Agent d'execution des arretes Annee/mois/jour 331 BY-LAW NUMBER M-16 A LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE ARRETE NO M-16 ARRPTE MODIFIANT L'ARRPTP CONCERNANT LE RESEAU WEAU ET D' EGOUTS Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit: A By-law of The City of Saint John entitled Par les presentes, 1'arrete de The City of "A By-law Respecting Water and Sewerage", Saint John intitule « Arre"te concernant les reseaux enacted on the 7th day of June, A.D. 2004, is hereby d'eau et d'egouts » , decrete le 7 juin 2004, est amended as follows: modifie comme suit: 1 Schedule "E" is repealed and replaced with Schedule "E" attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D. 2022 and signed by: 1 L'annexe « E » est abrogee et remplacee par 1'annexe « E » ci jointe. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2022, avec les signatures suivantes Mayor / Maire City Clerk / Greffier de la municipalite First Reading April 19, 2022 Premiere lecture - le 19 avril 2022 Second Reading - April 19, 2022 Deuxieme lecture - le 19 avril 2022 Third Reading Troisieme lecture - 332 Schedule "E" Raw Industrial Water Customers and Rates Raw Water Infrastructure Rate per Rate Customer Cubic Stabilizing Metre ($) Reserve Bi- Monthly($) 1. New This user draws its industrial raw water 0.7145 1,329 Brunswick through a 1500mm diameter concrete Power intake pipe running from Ludgate Lake across Route 1 to the Coleson Cove Screen Building located at coordinates N 7355170.56 and E 2522389.97 just off of Route 1. Once through the screen building water passes through approximately 5,OOOm of 600mm diameter transmission main to ultimately make its way to the Coleson Cove generating station located at 4077 King William Road. 2. Irving Pulp This user draws its industrial raw water 0.0704 45,879 and Paper through a 1800mm diameter intake pipe Limited and approximately 330m of 1800mm diameter concrete pressure pipe originating from Spruce Lake leading to the Spruce Lake Screen building. The screen building is located at coordinates N 7357823.16 and E 2525290.60 and is just to the right of the eastern shore of Spruce Lake. Once through the screen building water passes through the Spruce Lake Transmission main to ultimately make its way to the Irving Pulp and Paper Mill located at 408 Mill Road. The Spruce Lake transmission main consists of approximately 7,500 m of 1500mm diameter concrete pressure pipe owned by City of Saint John and approximately 1,OOOm of 1370mm diameter concrete pressure pipe owned by IPP. 3. Irving Paper This user draws its industrial raw water 0.0677 3,587 Inc. through a 1200mm diameter intake pipe originating from Latimer Lake leading to the Latimer Lake control valve chamber. Once through the control valve chamber, water passes through approximately 275m of 1500mm diameter reinforced concrete pipe to ultimately discharge into Eldersley brook. Eldersley Brook recharges the Silver Falls watershed. Irving Paper has a private intake, screen and chlorination building located at Silver falls. From there the water eventually makes its way to Irving Paper located at 435 Bayside Drive. 333 4. Irving Oil Multiple raw water transmission mains 0.2755 25,067 Limited deliver raw water from Latimer Lake to other transmission piping near the Lakewood Heights pump station for use by potable and industrial users. Irving Oil Limited draws its industrial raw water from two separate connections to the above mentioned transmission mains prior to their connection to the Loch Lomond Drinking Water Treatment Facility. The first raw water connection to the transmission system near the Lakewood Heights Pumping Station delivers raw water to a chamber located at Champlain Heights through approximately 2,500m of 600mm HDPE relined cast iron raw water transmission main to ultimately make its way to the Irving Oil Refinery located at 340 Loch Lomond Road. The second connection to the above transmission systems is a 600mm PVC Raw water transmission main, approximately 3,000m delivers raw water along Hickey Road to a chamber located at Champlain Heights. From there raw water is delivered through approximately 450m of 500mm raw water transmission main along Commerce Drive to ultimately make its way to the Irving Oil Refinery located at 340 Loch Lomond Road. Notes: a) At between approximately 3 to 5 year intervals, the city will undertake industrial raw water rate studies for purposes of reassessing rates and rate structures. b) Rate Stabilizing Reserve will be reviewed annually as part of the yearly rate setting exercise with the intent of holding approximately 7 months of operating costs in the rate stabilizing reserve at any given time. 334 Annexe « E » Clients et tarifs de 1'eau industrielle brute Client d'eau Infrastructure Taux au La reserve de brute metre cube stabilisation ($) des tarifs Tari bimensuel($) 1. Energie Cet utilisateur puise son can brute industrielle 0,7145 1,329 Nouveau- dans un tuyau de prise d'eau en b6ton de Brunswick 1 500 mm de diam6tre qui, traversant la route 1, va du lac Ludgate an bdtiment de d6grillage de Coleson Cove situ6 aux coordonn6es N 7355170.56 et E 2522389.97, a proximit6 de la route 1. Une fois sortie du bdtiment de d6grillage, 1'eau circule dans environ 5 000 m de conduite principale de 600 mm de diam6tre pour finalement se rendre a la centrale de Coleson Cove, situ6e an 4077, chemin King William. 2. Irving Cet utilisateur puise son can brute industrielle 0,0704 45,879 Pulp and dans un tuyau de prise d'eau de 1 800 mm de Paper diametre vers un tuyau sous pression en b6ton Limited de 1 800 mm de diam6tre d'une longueur de 330 m environ provenant du lac Spruce et menant an bdtiment de d6grillage du lac Spruce. Le bdtiment de d6grillage est situ6 aux coordonn6es N 7357823.16 et E 2525290.60, juste a droite de la rive est du lac Spruce. Une fois sortie du bdtiment de d6grillage, 1'eau passe par la conduite principale du r6seau de transport du lac Spruce pour finalement se rendre a l'usine de pates et papiers Irving situee an 408, chemin Mill. La conduite principale de transport du lac Spruce est composee d'environ 7 500 m de conduite sous pression en b6ton de 1 500 mm de diametre appartenant a la ville de Saint John et d' environ 1 000 m de conduite sous pression en b6ton de 1 370 mm de diametre appartenant a IPP. 3. Irving Cet utilisateur puise son can brute industrielle 0,0677 3,587 Paper Inc. dans un tuyau de prise d'eau de 1200 mm de diametre provenant du lac Latimer et menant a la chambre de vannes de regulation du lac Latimer. Une fois sortie de la chambre de vannes de regulation, 1'eau circule dans environ 275 m de tuyau en b6ton arm6 de 1 500 mm de diam6tre pour finalement s'ecouler dans le ruisseau Eldersley. Le ruisseau Eldersley recharge le bassin versant de Silver Falls. Irving Paper poss&de un bdtiment prive de prise d'eau, de d6grillage et de chloration situ6 a Silver Falls. De IA, 1' eau se rend eventuellement a l'usine d'Irving Paper, situee an 435 promenade Bayside. 335 4. Irving Oil De multiples conduites principales de transport 0,2755 25,067 Limited d'eau brute acheminent 1'eau brute du lac Latimer a d'autres conduites de transport situ6es pres de la station de pompage de Lakewood Heights pour titre utilis6es par des milisateurs d'eau potable et industrielle. Irving Oil Limited tire son can brute industrielle de deux raccordements distincts aux conduites de transport susmentionn6es avant leur raccordement a l'usine de traitement de 1'eau potable de Loch Lomond. Le premier raccordement d'eau brute an reseau de transport pres de la station de pompage de Lakewood Heights achemine 1'eau brute a une chambre situ6e a Champlain Heights par l'intermediaire d'environ 2 500 m de conduite de 600 mm en fonte revue de PEHD pour finalement se rendre a la raffinerie Irving Oil situ6e an 340 chemin Loch Lomond. Le deuxieme raccordement aux systemes de transport ci-dessus est une conduite d'eau brute en PVC de 600 mm, d'une longueur d'environ 3 000 m, qui achemine 1'eau brute le long du chemin Hickey vers une chambre situ6e a Champlain Heights. De la, 1'eau brute est achemin6e par une conduite principale de transport d'environ 450 m d'un diametre de 500 mm le long de la promenade Commerce jusqu'a la raffinerie Irving Oil situ6e an 340, chemin Loch Lomond. Notes : a) Tons les trois a cinq ans environ, la Ville entreprend des etudes sur les tarifs de 1'eau brute industrielle afin de r66valuer les tarifs et les structures tarifaires. b) La reserve de stabilisation des tarifs fait l'objet d'un examen annuel dans le cadre de 1'exercice annuel d'6tablissement des tarifs, l'intention 6tant de conserver environ sept mois de frais d'exploitation dans la reserve de stabilisation des tarifs en tout temps. 336 BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 6 immediately after Section 5 thereof, as follows: ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 cc qui suit : Par les presentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par 1'ajout de Particle 6 imm6diatement apr6s Particle 5, comme suit: 6 The City of Saint John does hereby 6 Par les presentes, The City of Saint stop up and close permanently the John barre et ferme de fagon permanente la following street: rue suivante : CHIPMAN HILL: All that portion of Chipman Hill, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 11 square metres as shown on a Plan of Survey titled, "Showing portion of Chipman Hill, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated March 28, 2022 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the *** day of ***, A.D. 2022 and signed by: HILL CHIPMAN: Tome la partie de la Hill Chipman, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'environ 11 metres carr6s comme le montre le plan d'arpentage intitul6 « Partie du plan d'arpentage indiquant la Hill Chipman ville de Saint John, comt6 de Saint John, province du Nouveau -Brunswick » , pr6par6 par Hughes Surveys & Consultants Inc. et dat6 du 28 mars 2022, joint aux presentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - April 19, 2022 Premiere lecture - le 19 avril 2022 Second Reading - April 19, 2022 Deuxi6me lecture - le 19 avril 2022 Third Reading - Troisi6me lecture - 337 O rn T 5! a o }� w V:,r m3 O. V, 0, < 0, 0 F —z 0 t 0 a 2\ & -18 F 0 (n IS E 0 2 E 6 6 . fnan \\ / tab Z-7- 20 -10 A 2 �4,�-- , �z t- HT o a < �Ajl IT J Or , Received Date April 19, 2022 Meeting Date May 02, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Discussion on Housing Background: We know that housing experts across this country are calling on Municipalities to take actions around policy to increase the rate of supply creation in our city. We have also just heard from our housing needs assessment consultants on growth committee that over 1/3 of Saint John'ers are struggling with housing affordability and that our vacancy rate for rental units is at an all-time low. The city of Saint John & EnvisionSJ have a strategic planning goal of population growth to hit 85000 people by 2033. We know that jobs are plentiful and that our industry need housing supply to ensure they can attract and retain the labour they need. We know that we suffer a labour shortage in the skilled trades sector to appropriately drive fast development, but we also know that education is a provincial responsibility and that the best we can do to improve this reality is to advocate for it. What we can do at the municipal level is to adopt the right policies to ensure the right developments happen in the right areas. We already have a major competitive advantage over other municipalities in our timelines on construction that we are hopeful will attract developers to come and build here, so taking action to ensure our policies are indeed evidence based and best practice is crucial. Motion: Recognizing the shifting landscape of housing in Saint John and across Canada, and recognizing the new provincial and federal initiatives around housing in the past month, I move that council direct the city manager to consider our cities alignment with these new programs, funding opportunities, and initiatives to increase the city of Saint John's attractiveness to outside investment. We need to do this to build more affordable and market rate housing faster. This includes consideration and recommendations from staff to council around the following policy options (but not limited to) suggested by housing experts: • Providing non-profit & Cooperative housing corporations with "right -of -first -refusal" around apartment sales • Incentivizing higher density developments around rapid transit and active transportation corridors • Tax increment financing (TIF) which is typically used for redevelopment or revitalization. • Expropriation through Urban Renewal legislation around areas of the city with abandoned buildings • Elimination of parking minimums around rapid -transit routes • Inclusionary zoning policy. (In new builds or renovations, we apply the 10/10/10 rule which means 10% of the units must be accessible, 10% must be affordable, and 10% must have 3 bedrooms.) The timeline on this suite of recommendations would be 3-5 months in order to best prepare for budget 2023 and work plan 2023. Respectfully Submitted, (Received via email) Brent Harris Councillor At Large City of Saint John 6-R. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41_7 339 Received Date April 27, 2022 Meeting Date May 02, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Municipalities Mobilizing Background: Whereas urban areas are set to become home to two-thirds of the world population by 2050; and Whereas climate change is being observed and experienced at an increasingly local level, cities find themselves at the frontline of the battle against climate change. Bringing together innovators from every sector, they provide an indispensable setting for idea -sharing and problem -solving; and And Whereas Municipal governments have a firsthand understanding of community needs and are capable of greater agility to take swift concrete measures, with effects that ripple well beyond local spheres; and And Whereas many municipalities across Canada are being proactive and taking bold steps to be part of the ecological transition to create a healthier environment for their citizens. Motion: Be it resolved that the City Manager of the City of Saint John investigate the City of Saint John joining Municipalities Mobilizing and come back with a recommendation. Respectfully Submitted, (Received via email) John MacKenzie Deputy Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4LI KtR Dear Mayor Reardon and Saint John City Councillors ^ April 22, 2022 c/o City Clerk, Congratulations on important initiatives to reduce carbon gas emissions in Saint John. As noted in recent local CBC Radio interviews, steps include greening the City transit system and ensuring minimal idling of City vehicles. I am also writing to you on Earth Day with two suggestions: First, I encourage you to go further to implement a public awareness campaign to educate citizens about harmful effects of unnecessary vehicle idling. You may wish to partner with the New Brunswick Lung Association which already offers clear educational materials about this matter. City guidelines for the public could also help reduce carbon gas emissions from vehicle idling by citizens. This is important for human health and the environment for present and future generations. Secondly, I strongly encourage the City of Saint John to endorse the Municipalities Mobilizing movement of the Earth Day Canada 2022 campaign. As you may be aware, the municipal spokesperson for this national campaign is Moncton Mayor Dawn Arnold. She writes: "We are seeing the impacts of climate change all around the world, but the most profound impacts are being felt at the City level." (https://earthday.ca/april-22/campaign/municipal ities-mobilizing/) To date more than 250 municipalities are listed as campaign partners, recognizing their vital role in the ecological transition now underway. I am pleased to note that these Canadian municipalities include Dieppe, Edmundston, Fredericton, Memramcook, Moncton, Sackville and Shediac -- among other Atlantic Canadian communities. In the near future, I look forward to seeing the City of Saint John become an active partner with the Municipalities Mobilizing campaign. Thank you for considering these matters as part of your commitment to address climate change and ensure climate justice. Sincerely, Roma De Robertis (Saint John) COMMON COUNCIL REPORT M&C No. 2022-140 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Demolition of Vacant, Dilapidated and Dangerous Building at 134 Taylor Ave (PID 00046375) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 134 Taylor Ave, PID# 00046375, 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 the building located at 134 Taylor Ave, PID# 00046375, is to be demolished as it has 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. 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 134 Taylor Ave. 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 Kt% -2- The two -storey, multi -unit apartment building located at 134 Taylor Ave is a hazard to the safety of the public by reason of being vacant or unoccupied, by reason of dilapidation and by reason of unsoundness of structural strength. The building was recently partially constructed, with construction of the building beginning in September 2020. Prior to completion, a fire event occurred at the property in March 2022 causing severe damage. The building is in hazardous condition due to the fire. The building has not yet been addressed by the property owners causing staff to pursue enforcement action. The property is located in a residential zone in the City's North End and is currently assessed at $302,500 as per Service New Brunswick's Land Registry. The fire caused significant damage to the second storey of the building. There is a large section of the roof that has fully collapsed. A small section of the second storey wall has also collapsed. There are a significant number of broken windows with loose glass remaining in the frame. The building has been repeatedly broken into since the fire event, despite being secured by the owners multiple times. The property owners have stated that they intend to move forward with demolition of the building; however, to date, a demolition permit has not yet been applied for. The owners may move forward with demolition soon after Council approval is obtained. Staff will continue with the demolition process unless it becomes certain that the owners are moving forward. A Notice to Comply was issued and posted to the building on April 11, 2022, as per section 132(3) of the Locol Governance Act that outlines acceptable methods of service. The Notice provided the owner with 15 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 April 26, 2022, 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. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the building on April 25, 2022. Also included are photos of the building. The Locol 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, unsoundness of structural strength and resulting hazard to safety of the public. STRATEGICALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Belong priority. Hazardous vacant buildings create unsafe conditions in neighbourhoods and diminish community pride. SERVICEAND FINANCIAL OUTCOMES 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 $70,000. 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 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 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 1� '� a�� 9r _►�� , Saint John, N.B. (PID number 00 '° "r ) AFFIDAVIT OF SERVICE 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. L 2. On the day of A 2022 at approximately _ ? ' t �y►, , I posted the following documents: • a Notice to Comply, attached hereto as Exhibit "A" • and a Notice of Appeal, attached hereto as Exhibit "B" to the building at Q "[ l c Aor +� ,�.� , Saint John, N.B. Sworn To me at the City of Sain. t John, N.B. n e o2�-�7day of , 2022 PAKJELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 310 ' 2023 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) Parcel identifier: PID # 00046375 Address: 134 Taylor Ave, Saint John, NB Owner(s) or Occupier(s): Name: Viva Development Inc. Address: 1434 Amirault St, Dieppe NB, EIA IE2 P'ORMULE 4 AVIS DE CONFORMI`I'G— LIEUX DANGEREUX OU INESTI-ICTIQUES (Lai stir la gortvernance locale, L.N: B. 2017, ch. 18, par. 132(2)) Numcro d'identification de la parcelle : NID : 00046375 Adresse : 134 Taylor Ave, Sainl John, NB Proprictairc(s) ou occupant(s) : Nom : Viva Development Inc. Adresse : 1434 rue Amirault, Dieppe N13, EIA IE2 Local government giving notice: The City of Saint Gouvernement local signifiant I'avis : The City of John. Saint John. By-law contravened: Saint John UnsightlI, Premises and Dangerous (Buildings and Structures Al -Lent., By- law Number M-30 and amendments thereto (the "By- law"). Arrctc enfreint : Ar•r&t relatif true lieu[' inestl0iques c•t aux hCaiments el ronstrrtc:tions dau,Sc•relr.v de Scrim John, Arrctd nunncro M-30, ainsi quc SC% modifications ci-affercnles (1'« Arrctc »). 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 I'Arrctd. Conditions(s) that exist: The premise is LinSiahtly 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 sal'ety 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 datecl April 8, 2022 prepared by Benn Purinton, by-law enforcement officer, reviewed and concurred in by Pamela Bentley, 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 miry be cleaned Lip. 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 personal property or other remedial action in order to PAMELA M H SENTL COMMISSIONER OF OA MY COMMISSION E,)a DECEMBIER 3191, 20 d Description do la (des) situation(s) : Les lieux sont incsthdliques en permctlant la presence cle ferraille, de detritus et le batiment (Mnbre. Le batiment est devf:ml danrereasC pour la Securite du public du fait de Son inhabitation au de Son inoccuP ition Cl est devenu dangercuSC poll[' la S&Ltrild du public du fait de son delabrement. Les conditions du batiment et tics lieux sont decrites :l ('annexe « A », Line collie confarnnC du rapport d'inspection en date du 8 avril 2022 et prepare Par Bern Purinton, Line agente charge de 1'ex6CLitlOrl des arttds du Gouvernement local, rdvisd et en d'accorde avec par Pannela 13entley, ing., Line agetlle charge de 1'exccution des arretes du gOuvcrnement local. Cc qu'il y a lieu de I'aire pour y remcdier: La propridtaire doit reSaau-cr ICS conditions en Se confornant uux rccomnnandationS du rapport (['inspection Susmentionnd et d'cunener IC batiment et les lieux en conformites aver I'Arrcte. Dan', l'eventualite que la propridtaire ne remddient pas le batiment et les lieux clans le tennps prescrit par le present avis de conforn itd, Ie batiment pourront Lire dcmolis cone ne mesurc corrective compte tenu qu'il Wpresente Lin danger pour la Sdcurite du public Ct ICS licux pourront ctrC ncttoydS. Dann l'CvenlLialitd de demolition, LOOS Ies debris et autreS itcnnS Sur ICS lieux scront disposes connnC mCSure corrective dins le but de rennddier le danger pour la Sdcuritd du public. Les mesures correctives susmentionndes rclativement it La demolition du batiment et la disposition des debris et calms itentS Sur ICS lice nH comprennCnt pus IC mtoyage, Ti t)Pal d liCLix, des ta•rains ou des hicns pers �clfttyv rective clans LU rSVMMefore =rtat Saint John, New EY deY n LOZZ TF1S 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. le but de conti•uler on do rccluirt, &Oinliner lc dsversenlertt, de modifier IC mode de (.lcversenlent ou le ctdversenient d'un polluarll clans ou Sur fell Vi rtlrl nelll'.`rlt ou toute parlie de 1'environnenicnt. Date before which the condition must be corrected:' D61ai imparti pour y renlcdier: ' a) The demolition of the building, clean -tip of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 15 days of being served with the Notice to Comply. b) The repair related remedies mast be complete within 60 days of being served with the Notice to Comply. a) La demolition du bitiment ct le ncttoyage des IICUX doivent 61V comptcicos, ou a laqucllo ICS plans ct demande de perniis pour IeS nleSures des rcparationS, dOiVelit care Soumises, dans les 15 jourS qui suivent la signification de I'avis de coil formitc. b) Les reparations rcliceS aux mesureS doivent ctrc conipUdes dans les 60 jour:S qui Suivent la signil ication de I'avis de conforillitd. Date for giving notice of appeal: Within 14 days of Date limite pour Bonner ('avis d'appel: Dans les 14 being served with the Notice to Comply. jourx qui suivent la notification Cie I'avis dr conformitc. Process to appeal: The owner may within 14 days alter having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the City Clerk of The City of Saint John, City Hall — 2"' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1, Potential penalty for not complying with notice within time set out in notice:- Subsection I I( I) of the By-law states that it 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 (lie Provincial Offences Procedure Art as a category F offence. Where an offence under subsection I I(I) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial 42&ices Procedure Act for it category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph I I(3)(b)(1). Local government's authority to undertake repairs or reinedy: `Paragraphs 12(1)(a), 12(I)(b) and 12(I)(c) of the By-law slate that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in die said Notice, the City may, cause the premises of that owner or occupier to be cleaned tip 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 SUCK work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Dated at Saint John on the 4 l day of April, 2022. Processus d'appel : La propl•istaire pcux CIanS IeS 14 joun:s qui suivent la notification de 1'avis de conformitc, envoys Lin avis d'appel par courrior reconlnruuld a Ia rrcfficre de la nttulicipaiilc, it The City of" Saint John, Edifice de 1'h8tel Cie ville, 2' stage, 15 Market Square, Saint John, Nouveau -Brunswick, L-2L4L1. Peine possible en cas Womission de se conformer aux exigences de I'avis clans le dclai y imparti : '- Le parag rapile 11(1) de I'Arretd prdvoit quiconquc onlet de So conformer aux exigences fornurlees dans Lill avis de Conl'orniitd notific aux ternies Cie I'article 7 Cie ladite Arretd, commet tine infraction qui est punishable en vertu do la partie 2 de la Lai sur In procedure applicable aux hr%rac•uons pruviaciales it titre d'inlraclro❑ de la ciasse F. Lorsqu'une infraction prcvuC aLi paragraphs If(1) Se poursuit pendant plus d'une journce, I'aniende nlininiatle qui petit titre inlposse est 1'amende mininlale prcvuc par ]a Loi sur la prone&lure applicable aux ir{%ractions provinciales pour line infraction cie la classe F niultipliee par le nonibre do joins pendant lesquels I' ill fraCli011 Sc potirsuit con l'orm611CW it 1'ahll6a 11(3)b)i). POUvolr du gouvernement local Wenlreprendre des reparations ou de remedicr :1 la situation : ` Conl'orm6111=1 aux alincarS 12( I )a), 12( I )h) et 12(1)c) Cie 1'Arrct6, si un avis de conformitc at etc signiffc aux ternleS cie ['article 7 de laclite Arretc et, que 10 proprictaire ou 1'occupallt lie Sc conforms pas it set avis de conformitc dans le dclai imparti et let qu'il est rcpltc confirnid ou eel gU'il Cst confirms ou nlodifis par Lill comitd du Conseil ou par Lill juge Co vertu IC pa ragraphe 12(3) de laclite Arretd, la nlunicipalitc pout faire neltoyer ou rdparer IeS liOUX cie co propridtau-C OU dC COIL OCCUpallt ou de faire rdparer ou dsnlolir le biuinient OU al.MV construction de ce propridtaire oft de Oct occupant, et les CONS affdrentS a I'eXCCLiIIOn deS ouvraceS, y conlpri.h toute redevance on tout droit connexc, sort niis al la Charge den propriewire OU do l'occupanl ct devicnnent tine crcance de la municipalize. Fait it Saint John le avril 2022. 347 Local government: The City of Saint John Signature of the officer of the local government: Gouvernement locale : The City or Saint John. Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonnces du fonctionnaire du gouvernement government: local: Name: Benn Purinton Mailing address: Growth and Community Services The City or Saint John 0 Market Square City Hall Building, I" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: (506) 655-291 1 E-mail: benn.purinton0asaintjohn.ca Fax: (506) 632-6199 Corporate seal of the local government Notes: cuon I I. All upproprinte pe mils 1 ned and all rclevanl legislation must be complied wills in the Course of carrying out the required remedial action. Nom : Berm Purinton Adressc postale: Service de la CI'OISSanCC el du Comonnuultaire The City of Saint John 15 Market Square Edifice de 1'10tel de vlle, I° Stage Caw postale 1971 Sairit John (Nouveau -Brunswick) 12L 4L1 Telephone : (506) 655-291 1 Adresse elecu•oniquc: henn.purinton►xuintjohn.ca Telccopieur : (506) 632-6199 Sceau du gouvernement local Noles : I. Taos Ics pCrmis IM-CWHls dn]VCol �ac nbtenos cl bale la Icgislmion perlinenle cloit ctre respeclee peudmtt I'exreution dos Ine\tire\ de 1'L'n1L'LI7:71!(gl, 2. Payment al'the tine does not allevi:ae the obligation it) Comply '_. Lc paiemenl de I':I111CIILIC n':I pas polar el'tcl LI'MIMIlC1' with the by-law, slnndard or notice. I'ohligalion Lie se Conformer a I`;nritc, It la norme ou a I'avis. 3. Costs become a debt due to the local government and shay he 3. Les Cnius deViCBIICIII unc Crcmuc Llu euuvernement local el aLlded to the Joint Inca) government and provincial Real Property peuvent clre aoutc.s a 1'avis Common d'cv:dumlion el d'inlpiu Assessment and Tax Notice, I'oncier des gouvernenients local et provincml. 348 )hereby certify that this document is a true copy of the original. INSPECTION REPORT Dated at Saint John, Schedule "A" this 1 t day of 134 Taylor Ave 20 L Saint,lohn, New Bruns)vick PI DI! O0046375 G'� 1�arcie Officer Inspection Date: April 8, 2022 Inspection Conducted By: Benn Purinton, EIT & Pamela Bentley, P. kn„ Introduction Inspection of [lie property, PID#t 00046 375, revealed that there is one huildin;, (IIIC "liuildill'-") on the prcrllises; .I two -storey, woo(l-l'runled, nullti-unil :Iparuncnt buildill". "fhe Building watt under construction with work having; hcgun at the propCrly in SCptenlher 2020. A fire occurred ;it the Buildin" on Mal'eh 16, 2022 and little action has been taken to remedy the hazardous conditions caused by the firC. The property is localed in Ills City',s North I nd in a r'csidCntial zone. The Building pus hcCOntC a ha'rard to the sal`Cly of the public hl+ reason ol` hcing v:tcurll or Unoccupied, by reason o! dilapidation and by reason of unsoundnCss ul"su•ucuu•al strong th. Discussion The I31.1ilding does not corllply with the swim .lolln 1111si h1ll. Premi.se.s and 1)(11J."ermts hnildin,,s and SInn•lnres BY -Mgr, lay -law Number M-10, :Intl aillendincnts Ihcrelo (Ihr Unsightly Premise Conditions S(IhNCC6011 6(I) ol` the By law staics: No person shall permil prcnliscS ownrd or occllpiCd I1v llinl or Itcl' 11 he nnsighlly by permitting to Itinlain on any paI I of such 1)1'etuiscs'. a) any ZIACS, Junk, ruhhish or rCI'Ll' b) an accuIll vlilt ion of wood shavin paper. IiMV(Iust (M- olhCr rCSidu(: of production or CO WA IClion, C) a (ICI•CIICt VChICIC, C(jlllpnlCllt. Illachlllery or the holly of ally ptu I of :I Vehicle C(I(IIpnlCllt Ot IIIZIChil1C1'y, ul' (I) a dilapidated building. I. 'There is a significant amount of lung:, ruhhish an(t rcfusC on IJIc prnperly.'fhc junk, rubbish and rcfusc arc primarily composed of', but not limited to, building ninlcriak Some of, Which are I•irc danrlged. The aforentcntioned Junk rubbish and rclllsc is unsightly. 2. TlIC exterior of the Building iS dilapidated.'HICre iS si;"nificanl fire danlagC to the top floor of the Building. Charred framing I11CI11hCl.ti arc exposc(I on the ri;;ht side of the I;uildiny. There is melted vinyl siding on all si(ICs of the hilildim'. "There is vinyl .siding house wrap, portions ol'thc soffit and portion~ ol` the fascia loosely h:ulging from the Btlildin;'-, souse of which are Dire dama-ed. A signil'icant anlounl of Ow liuildillV'S WindOW; arc hrnkcn and sonic of` the broken windows arc hoarded. The dilapidated condition of the Buildillp is unsightly. Vacant and Unoccupied S(Ih,CCtiOI1 6(2) of the By-law stales: 349 No person shall permit a huildittg or other structure owned or occupied by the person to become a hazard to IhC safety of the public by reason of hero;- v:Ic;tnl or unoccupied. The Building is a hnat'd to IIIC Sal'Cly of IhC puhlic by reason of beim, vacant Ill- unoccupied for the following reasons: Building,~ in a dilapidated condition that are known to bC vacant can allracl vaII&Ilism, :ustxt and criminal activity. `['hC Buildin rcnl:llltclt HIIS IrLd IUr an Cxtcndcll period of time after the fire event. In the lime thnl the Ii>Iildin , waS LHISCCurcrl, ('it)' st:IIT rCccivcd a complaint stating that children were emcring file property. While City staff %vere anttluc AW an inspection of the properly, individuals who wCrc working III Secure the Building stated to City staff thin they have \vilncSScd nnlltiplC pCoplC enlCI'in dIu properly. The dilapidated conditions of the Building :oho the quality of life of n6gJlNwQ,, properties and negatively impacts properly value of real CSIaIC in the :II-ca duC to ncg:Itivc pa•cCptionS of unsafe :Ind LIClcriorating conditions. 2. There is an increased risk of a fire event occurring at the propu•ly since it is known that the Building is vacant. It is suspected Mal the Building has heen broken info in Me pall. 11' individuals arc getting into Me BVIding, it could further incre:Isc the risk of a lit-C even[ occurring. If a fire event were to occur al the prnperty it could potentially Spread and Could endanger the lives of the occupants of ncighbnuring properties. +. fha-C is a Concern for firefighter safety in the event of a fire. If firCfighlCrs suspCCt IhcrC may be people inside the Bu WKY it would he rcasummu to Cxpcct Iltcy ncry he required to enter it. The Condition of the Building is nut kmmn to 1'ircfi;,,hlcrs which poses a hazard to their safety in the event of a fire. Dilapidated building Condition~ SlAwoion 6t 3; of the By-law slates: No person ~hall permit a huildill." or other strucult•e owned or ocugpicd by the per_an to become a hazard to the Salety ol'lhC public by reason ul'dilapidalion. "1"he Building is a hazard to the Safety of IhC puhlic by reason of dilapidation for the following Itasalts: The exterior of the Building is dilapidated. Broken windows with loose glass wne &hT in the frame were present at the front and scar of the Buildinz". `file loose glasS pI.Cscnt.ti a hazard as it could fall and strike an iWividuaL Construction nlalcriak such as vinyl siding as well as sections of the fascia and Soffil are Imucly hanging A nl To B&W y,;. If hwe materials ware to fall and m6ke an individual, it Could cahSC an injury. T1ICI-C :u•c IhrcC IandingS off the second storey whiCh wa-c ScrvCd by mulliplc Staircases prior to the fire. The staircases have IICCn removed to lintil acCCSS to the u:cund storey. II fhC Iandiu;..S were 10 he aCCcsscd, individuals on t}tC landings would he CxpusCd 10 a falling h:v.ard bCCatIsC of' IIle removed staircases. Structurally Unsound building Conditions Subsection N3} of the By-law slates: No person Shall permit a building or other Sh'ucturC uwnCd or occupied by the parson to become a hazard to the safely of the public by reason of unsoundness of structural Svitgth. 350 Ile Building is a har_ard to the safety Mille public by reason of umounchuSN ol',U uclnntl shrn,.-111 for the following reasons: Approximately one Third of the roof on 11e rig-h1 side of the llnikliny has fully crrl.lap.Sed clue to donut c caused by the fire. FLn-tI1Ct' collapSc of the roof would he h;rzardocls to ,illy individual in or around the 13uildint'Me adhMsed section of to roof prcGms y provided lateral support to the adjacent walls which ❑re now lacking, necessary support. A section of the second storey wall approxim:uel_y 841 wide has collal)Ned onto the ground ;11 the front of Iltc 131.1ilding. 11' nlorc ticc6011S of the wall wcrc 10 collapse, it would he hazardous to any individual in or around the 13WWO,. Ile su•uctumlly unsound conclithms. Imscnt w the Building arc a Rmird to public safety. Required Remedial Action.,; The owner Must comply with one ol'the Iwo option, Staled below: Option I. Remedy the condition% of the 13u Why through all rep.dr mul rcurcdKI auhmix a,; fol lows: I. The 131.1ilding 111LISI be completely repaired to reterecly the ahovo-ntcnlioned h.lv.uds to public safety while meeting; the rctluircntcnls of the National Ritildhi, (.' 0c t, f';rrrurin (2015) as well as all other• applicable by lave. 2. A detailed plan must he AOmhul to the Growth and Conuuunity Services Deparintcnl of the City of Saint John (the •'Deparllnenl") for review and approval. The plan should also include a scltcclulc for Ihc work that is to he carried out. "I'hc rcpaircd 13uildill IlMm meet the National /Iailding Cade nJ Conran (2015) as well aS olhcr applicable cocks. 3. The detailed plan, includillV scllcduleS and any cn interim, reports, nntsl he approval by the Department 1)rior to commencing repair work. A A handing permit nmm he obtained kw any ;Intl ❑II applicablc wort: prior to conimcncin" Said wort h nt the City of Saint John in order to comply with the Saim .Iola building, 8y- lam, 13y-taw N1.1111bUICIP. 103 and amendments thereto (Ihc" Sainr.lolm lArildia,, 5. The premise mull he cleared of all c1chris found on the prollcrty includin- any and all rubbish that may he consideVd haz:udou or unsi,hlly. The dCIViN front dtc pianist nlusl he disposed of at an approved solid wade disposal site, in accordance with Al ❑pplicablc by-law%, act% and regulations, I)OCutllented proof. 111a1 clearly (lei umsmalcd an approved .Solid waste disposal site was used for disposal of the dchri, Auld he provided to Ihc Department. The premise nwsl comply Willi Al applicahle llydmvs, Acts, Codes and Regulations. Option 2: Dellohlton of the Btllldlllg and cleanup of all debris on Ihc pun& by vw;iIQhW whir all remedial actions as follows: I. The BtliICling ntt1SI he clenutliSled to rcnutve Ihc haiard 10 1he safely of 0tc I)tINic by reason of dilapidation and by reason of unsourlchle." ofsuRucturaI slrcn,Ih. A demolition permit mast he obtained Smi the c7ity of Saint John in order to aonrply will) the Saint Julm Bails ing 1 v-lair. The Prcnli,c Auld he cicarcd of the debris I'rom the dcnutlilion and Ihc lot urllst he reasonably level with grade so as m not crate a u iphing or fulling hazard. All cichris mn41 he disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. 351 4. All debris that is currently cm the Itemise nnlst hr rcnneved and disporicd of al au approved solid waSlc disposat Sitc, anti in accordanCC with all alplic;thle By-laws, ALIT and ReOulations. Documented proof, Ihat cicarlti dcnumstralcs all approved .uilid wade dispersal Site was used for the diSluSal of dehrk, nrtlSI he provided Io Illr Dclarullcnl. 5. The property mull be in compliance with alt a111ical lc By-laws, Acts and RC1;ulalions. Prelared hy: BCIIII PLII'IntOn, El"h Technical Services Officca Growth and Connnunity SCI•VICeti RCVICWed and concurred in by: Pamela Bewley, P.Cno. Technical Services Engineer Growth ;Ind Community Services 352 Schedule "B" FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Annexe v B o FORMULE 1 AVIS D'APPEL N° du dossier: This is . . T" R to ' the davit of ENTRE : ; 1�n the t€ Sworn before me at the City of r — the � 21Z -ct- V1-16 THE CITY OF SAINT JOs}s�l . of Oaths V PAMELA M H BENTLEY COMMISSIONER OF OATHS WOMMISSION EXPIRES DECEMBER 319T, 2023 Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propridtaire(s) ou occupant(s) : Name: Nom : Address: Adresse Telephone: Name: Address: Telephone: Nom : Adresse Telephone: Telephone: e 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 dte donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous I'Arreti relatif aux lieux inesthetiques et aux Buildings and Structures By -Law; or bdtiments et constructions dangereux dons The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDoNNANCE qui a ete dmise en vertu de Saint John Minimum Property Standards By- I'article 25 de I'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 C'omW des appels sur les Properties Appeal Committee. residences non conformer aux normes de Saint John. The appellant's grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans le present (set out the grounds clearly but briefly): appel sont les suivants (Moncer les motifs de facon 353 -2- Dated at the 20 Signature of owner or occupier Claire et concise) : day of Fait a 20 Signature du propri6taire ou de ('occupant IC The appellant(s) intends to proceed in the English [ ] L'appelant a ou les appelants ont ('intention d'utiliser la or French [ ] language (Please check the appropriate langue francaise [ ] ou anglaise [ ] (Veuillez cocker la box). case appropriee). 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, 2n1 Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-65 8-2862 Facsimile: 5 06-674-4214 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. Veuillez faire parvenir voire :IVdS D'APPEL par courrier recommande au greyer municipal dans les quatorze (14) jours qui suivent la notification de P.4111S ou de l 'ORDONNANCE Ct Padresse suivante : Bureau du greffier municipal 15 Market Square, Edifice de I'hotel de ville, 21 dtage Case postale 1971 Saint John (Nouveau -Brunswick) 1321, 4L1 T616phone : 506-658-2862 Facsimild : 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 I'AVIS ou 1'6mission de l'ORDONNANCE eSt r6put6 conflrme. 2. Lors d'un appel, le Comite des appels stir les residences non conformer aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) propridtaire(s) ou I'occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'6tre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformer aux normes de Saint John peut confinner, modifier ou annuler I'AVIS ou l'ORDONNANCE ou proroger le d6lai pour s'y conformer. 4. Lc Comite des appels .sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) propridtaire(s) ou a ('occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjet6 appel dans les quatorze (14) jours suivant la date a laquelle it a rendu 354 -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 (h) the decision is unreasonable. sa decision. 5. Le(s) propridtaire(s) ou ['occupant ou les occupants a qui une copie d'une ddcision a dtd fournie par le Comite des appels .sur les residences non conformer aux normes de Saint John concernant un Avis peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la ddcision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la ddmarche a suivre en vertu de I'arrdtd n'a pas dtd suivie, ou (b) la decision est ddraisonnable. 355 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 4,or L , Saint John, N.B. (PID number p��✓ �1 ~. } AFFIDAVIT OF SERVICE I, 1`, ,, , 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 7-5 day of 612 r • 2022 at approximately q : 20 ram- , I posted a copy of the Notice of Common Council Hearing Ietter, annexed hereto marked Exhibit "A" to the building at '-1 To � 10/- , Saint John, N.B. Sworn To me at the City of Saint John, N.B. X day of , 2022 9 "wsA ! j NBeNI�u�-- R.— PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 318T, 2023 Permitting & Inspection / Service des inspections et de ('application By-law Enforcement / Service d'Application des Arretes Municipaux Phone / Tel : (506) 658-2911 Fax / Telec : (506) 632-6199 The aty at Saw )An April 25, 2022 REGISTERED MAIL Viva Development Inc. 1434 Amirault St Dieppe, NB ElA IE2 Dear Sir/Madam: ibit T�:^ is t'• ,,% P V% E ,::- ° -emu co ir,�the Affidavit of t LID k nyl i It rirt _ rlt Swam before me at t,l�: Cr Saint;Jvh Now no ih day L mmisalanwW Ot O ��►[K�1�1�C�11 w:l W11910[e1 Re: 134 Taylor Ave, PID #00046375 Dangerous and Vacant Building Program PAMEIA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 316, 2023 On April 11, 2022, 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 April 11, 2022. The fourteen (14) days appeal period has expired. A compliance inspection will be carried out on April 26, 2022. 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 May 2, 2022 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) 639-2625. Regards, (';o Benn Purinton, EIT Technical Services Officer Growth & Community Services SAINT JOHN r�r3e�f N am- V7V CY) o LFI R r!- s )J� E �rT-,- '-, ILIIIA i U cn m v z ern � M Q0 0 o o o Vo > a 0 ca M r—I r- 0 04-J CL \� � . 1,4 Saint John Comite des Board of Police commissaires de Commissioners police de Saint John April 6, 2022 Mayor Donna Reardon and Members of Common Council Your Worship and Councillors: Subject: Saint John Board of Police Commissioners Election of Officers 1 Peel Plaza, EM OEl P.O. Box 1971 Saint John, NB EM 4L1 Tel: (506) 648-3324 Fax: (506) 648-3304 1 Peel Plaza, EM OE1 Case postale 1971 Saint John, N.-B. EM 4L1 Tel: (506) 648-3324 Telec: (506) 648-3304 Due to the recent resignation of Mr. Douglas Jones, an election of officers was held at the April 5, 2022, meeting of the Saint John Board of Police Commissioners. The following members were elected to serve as the Executive for 2022, pursuant to Sections 11.1, 11.2 and 11.5 of the By -Law Respecting the Procedures of the Saint John Board of Police Commissioner: Chair: Tamara Kelly Vice Chair: Katelin Dean Secretary: Maike White Respectfully submitted, Tamara Kelly, Chair Saint John Board of Police Commissioners TK:dew cc: Chief Robert Bruce Saint John Police Association New Brunswick Police Commission 1911-1.1 Date: APR 2 5 2022 To: Jonathan Taylor, Common Clerk City of Saint John cc: Mayor & Council members City Manager Julia Wright, Host CBC Radio Information Morning Re: Agenda submission - Council transit representative mandated obligations Mr. Taylor, AECEWE i Ah'K 2 5 2022 Public transit was designated a municipal priority in 2021 yet Saint John Transit (SJT) has done nothing to improve the substandard service identified in the 2020 independent Transit Operational Audit. The current SJT proposal to autocratically implement an 'on demand' based transit system is not supported by the public, the audit findings or any background documentation such as a peer review. No reasoning for how this proposal would benefit existing transit patrons or encourage new ridership is provided. The operation of public transit is not legitimate when public and professional input is entirely excluded from transit decision making. We are all stakeholders in public transit. Council approves spending millions of dollars every year to subsidize this essential service. Councils long serving transit representative neglects her mandated obligation to publicly account for why the 2020 priority action audit recommendations have been entirely ignored by SJT in favour of an unsubstantiated 'on demand' proposal that is not in the best interests of the citizens of Saint John. Council should be encouraged to address this oversight. Respectfully, '4 CIL Mary Ellen Carpenter 41 Crown St. #207 Saint John, NB. E2L OE2 (506) 899-0519 S A I N T-'18V 10 H N THEATRE COMPANY April 26, 2022 Mayor & Common Council The City of Saint John Dear Madam Mayor & Councillors, As many of you know, for more than 30 years, the Saint John Theatre Company (SJTC) has served as an arts and culture catalyst, community educator, and creative hub in the Greater Saint John Community, across Southern New Brunswick, and more recently on the international stage. Driven by our mission to support and grow the theatre industry and the arts and culture sector in our city, in our Province, and across Atlantic Canada, we took our mission further in 2018, by founding the Atlantic Repertory Company (ARC). The ARC has been developed to create meaningful employment and developmental opportunities for young theatre -makers with ties to Atlantic Canada. Our search for a permanent home for this growing educational and professional development arm of SJTC resulted in the transfer of ownership of the Sydney Street Courthouse to the SJTC, and five years of planning to restore this 200-year-old iconic building and transform it to become a much needed, mid -sized theatre venue, and multi -level arts and culture hub in Uptown Saint John. Much has evolved in this project over the last five years. To follow you will find a snapshot of our detailed vision forth is new facility, along with the projected cost of this landmark initiative. Now that this innovative design, blending contemporary design and historical architecture, has been approved by the City's Heritage Board and Common Council, and our designs have even been awarded a Tier 3 Heritage Award by the City, we are ready to move forward with the planning and preparation of the public launch of a Capital Campaign to raise the funds required to build this new facility. As detailed in the enclosed, the total cost of the project was estimated to be $17.9 million when the designs were completed in 2021. However, due to increase in construction costs, and supply change demand, over the last year, our latest estimates have increased by approximately 10%, to bring us closer to a total project cost of between $19.5 — $20 million. So far, $7 million has been secured from various federal and provincial grants, as well as private donations. The remaining Campaign goal is targeted to be between $12.5-13 million, of which $11 million is in proposal to two national corporate brands as well as Infrastructure Canada. We expect to hear on the outcome of these proposals in the coming weeks. As such, we anticipate having approximately $17-18 million of the required $19.5-20 million project cost secured by the fall of this year and are preparing to publicly launch the Capital Campaign at that time, breaking ground on the next phase of construction at the same time. -1- 368 It is worth noting that over 80% of the funds secured and in proposal for this project are from sources outside New Brunswick. Leadership support from the City of Saint John at this critical juncture will confirm that this is a priority project for our community: strengthening our case for support; sending a positive message to potential contributors; and ensure our public launch of this Campaign in the community is an assured success. For this reason, it is our hope that City of Saint John and this Council will consider making an investment of $1,000,000 in the project, pledged overt he next 3 to 5 years, to kick-off our public fundraising effort. We would like to present this proposal to Council in a public session at your earliest convenience. We recognize this level of support would bean exceptional step fort he City, however, pursuant tothe conversations we have had with individual Councillors and Envision Saint John about this project over the past few months, we believe this project is directly aligned with the strategic priorities set forth by the Common Council (summarized below) and will directly help this Council realize its goals set forth in the Growth Committee's Roadmap for Smart Growth. For this reason, we hope you will consider this monumental community project worthy of this level of extraordinary investment and leadership from the Council. IMCI 111611i1I1101M01119:t61M 91INIIA First and foremost, we believe this project is directly in line with the Common Council's priority to grow the population of Saint John, develop and reinforce a strong brand for Saint John, and work with partners to create opportunities that attract and grow businesses in the uptown core. As explained further in the attached, this project will complete the development on the City's historic King's Square. Turning a vacant, abandoned heritage asset into a cultural destination for members of the Saint John community, New Brunswickers, and the rest of the world to enjoy. Based on our initial business planning, once opened in the Fall of 2024, we expect to do the following over the first 5 years of operations: • Host over 1000 performances and special events in the new Facility in the first 5 years. • Host between 200-300 master classes with visiting and local artists in the new Facility per year. • Host over 100,000 visitors from across Atlantic Canada and beyond per year. There are significant direct and in -direct economic benefits of this activity for the City of Saint John and businesses in the uptown core and beyond. First of all, the construction project will represent a $18-20 million injection into the local economy over the next two years. The result of this will draw tens of thousands of visitors, locally, and from beyond Saint John, into our uptown core becoming patrons of retailers and restaurants and creating a vibrant feel to the square. As outlined in Envision Saint John's presentation on the economic outputs of this project, we are estimating at this project will result in: • Over 200 jobs being created (through construction and once operations begin). • Over $9.5 M of labour income impacts from construction. • Over $1.2 M of annual labour income impacts from operations. • Over $15 M GDP impact from construction. • Over $1.5 M annual GDP impact from operations. -2- 369 In addition, the new cultural amenity in the uptown core will make the City of Saint John increasingly attractive to young professionals seeking an urban lifestyle. With the increasing shift to remote work, Saint John has become an increasingly attractive option for migrating professionals to consider and adding to the cultural amenities in the uptown core will only increase our city's attractiveness to this population group; as migrating professionals see that our city will offer the same access to arts and cultural as available in the larger urban centre, but with a superior quality of life. 2. CREATING A VIBRANT CITY, CULTIVATING COMMUNITY PRIDE, AND BELONGING We also believe this project is in direct alignment with Common Council's priority to create a vibrant city and cultivate community pride by promoting and investing in beautification projects, arts, culture, and heritage. The unique design of this facility— restoring and showcasing a designated National Historic Site of Canada, blended with a state-of-the-art contemporary design that pays homage to the original neo-classical design of the courthouse, will catapult the City's streetscape to a new level of architectural modernity and showcasing. The new cultural asset will also usher in a new wave of artistic collaborations in the city and across Atlantic Canada. Right now, there is a critical gap in the cultural infrastructure of our city for hosting mid -size theatre productions in our uptown core. This gap will be filled by the new venue. In addition, there is a critical gap in stable employment opportunities for theatre makers and performing arts professionals (set designers, technicians, sound engineers, actors, writers, etc.) in New Brunswick. Discussions are already underway with the Imperial Theatre and Theatre New Brunswick about how this new Facility could partner with them to fill that gap, providing short-term and long-term employment opportunities for local professionals that would otherwise need to migrate to larger city centres like Toronto and to pursue their craft. And finally, this new facility will provide a home base and production studio for the growing educational arm of the SJTC to continue to develop and deliver its outreach programming to schools and community groups across New Brunswick, contributing to school curriculums and enhancing the cultural infrastructure and offerings in communities across New Brunswick through both in -person tours of ARC and SJTC productions, as well as live - streaming into classrooms, churches, community centres and private homes. As you will read in the attached information about the SJTC's 30-year track record in Saint John, we believe the Theatre Company exists to serve the people of Saint John. As such, with every performance we reserve and distribute a number of complementary tickets through a network of community partners to children, students, and marginalized members of our community. In recent years (prior to COVID-19 disruptions) this has included: the Crescent Valley Tenants Association, the Saint John Learning Exchange, Big Brothers Big Sisters, Boys and Girls Club, and AIDS Saint John. This community outreach program will only grow with the opportunities presented by the new facility. We also collaborate directly with specific community partners at least twice per year to put on specific educational productions about our community's history or social issues. Past partners have included: the Saint John Jewish Historical Museum, the SJ Free Public Library, Saint John Pride, the ALS Society, Canadian Mental Health Association, and the Red Cross 'Beyond the Hurt (anti -bullying) program. Relative to the Courthouse Project, the team has created a committee tasked with First Nations Consultations. Meetings with First Nations Leaders throughout NB are ongoing as we work to find ways to include Indigenous voices in the facility. -3- 370 Examples from this season include: • We Were Here: developed by Artist in Residence, Clyde A. Wray. This project highlighted the lives of leading members of the Saint John Black Community. PRUDE and the Black History Society were instrumental in facilitating the research for this project. First performed in February of 2021, this project was live streamed via CBC Gem, CBC Atlantic, and the SJTC digital broadcast networks. In 2022, this project was re -broadcast directly into school classrooms throughout NB and was viewed by over 5000 students. • D.Ramadan: highlighting aspects of the local Islamic Community in partnership with YMCA Newcomer Connections . Originally scheduled for March 2022, this project was delayed by COVID-19 and will now be showcased in May at the BMO Studio Theatre. • The Normal Heart: will form the basis of our annual Pride Community Partnership which has been ongoing since 2008. This project, which deals with the early days of the AIDS crisis, will be presented at the BMO Studio Theatre in June in partnership with Chroma NB. These are just a few highlights of the extraordinary benefits this project has for the City of Saint John and alignment with the Council's outlined priorities. To give you a sense of enthusiasm and support already garnered for this project, you can view a video we have put together to describe the project at: https://youtu.be/9uxc7girxEU. At this stage we believe it is vitally important that the City of Saint John publicly demonstrate that this project is a priority for the city; by making a leadership investment and paving the way for other local philanthropic leaders to support this ambitious community initiative. We hope you see that this monumental project, leveraging our rich architectural heritage, to re -ignite creativity, community pride and economic vitality in our great City and Province, especially after such a challenging two years, is worthy of this level of extraordinary investment and leadership. Thank you for your consideration. I look forward to the opportunity to discuss this request with the Council, in person, at your earliest convenience. Sincerely, Stephen Tobias Artistic/Executive Director Saint John Theatre Company cc: SJTC Board of Directors S A I N OHN THEATRE COMPANY 112 Princess Street • Saint John • New Brunswick • E21- 1 K4 Telephone: (506) 652-7582 • Fax: (506) 652-7585 • www.saintjohntheatrecompany.com -4- 371 w ;164 �0- omw OF- U F- w LL w w F- 0 1U �-0 INFm toa w ix� c6 p U O Q L 0 `A (6 :3 p O S 76 V) p > +� �+ -C > 3Ln c U o 0 -C _ u N > Ln � � — O a o 2o s 0 ouo +, +' a o M +' o O c 6 ' U c o o C U U)_ (D 0) p 6 N W N N +) 0 N p C 7 Ou ._ t O -C O f6 O E U O a)Q O Q — U t C N +� S r-) C (6 N C� O b� -Fn O O U o p C Q Q o a — S M a)c6 a)u U In (6 O p C �t o U p p U f6 _Ln +' o _ O o O Q Ln c6 J � u E 1 C � Q co[� oa� a aaaa.as� �co .o o > ' c Q o oLn c m u 2) a) .UO a LL °' u u C W 0 0 a� w ou U � o cn O U u N+ Q v J >° a' 2 o x o a :c 0)� '+� O 0 O c6 Q -0Z O Q Q n z O Q-0 p -C O N a)p - U p *' �O U u i U c6 N N (6 li t 0) to N Q� O ' O w .Ln ICI ° p C Ln(D c No li a)Q � ar0o0 v -C s o U n u O W Q)(D 0 +p u O = U O to a � r6 O 0 N `q O O � � Z V 1 In m Q tpn Q l/) -0 Q • • • • LL a O O N O 1 O O o O x o �i U d v Q n U Z x n 41 411 cd OU � cad Z5 Wd i U LO + a U U O U 0 N +' O cn 0 -}U—, _-1 S i a o O O Ln m � o N > N o U E U O O X (D O O W 0)Ln a �= o vi 7 O N °O �� > � �a �Q � >+ O +' �n c6 cU6 c 'IT O' O n c6 U O N CD S � � N E O O Q Ln O C 0 0 O 0 N CD S O O i U In � O N N S i U N > > o Q -0 O + o U M O 7 LS N N 0 +' 0 O u O — > O N — U (D (D � O �0 O O U U o S 7 O a *' C �� 3 �0 o �.o O > -0N W U V) 0 S a Q E O y V Q � w 411 411 U d o � o o CCU o411 U d + o °J 4 �nl �i Q w Y � O � C: U N C O � Ln :3 CT n5 cn 0 a) u Ln L � U X > a) a) 4t C � � S O � O Q O n — a) Ln Q c: Ln co O a) Q C � a EE > O a) O u +' O � c6 C O � a) N Co E a) Lp o � rn U O � O n Ln u a) : S E n5 � a) O � C O + O m O U +' O N a) a) w S � Ln O Q o u D: Q Q � +O O . 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City Market Lease Renewal with the Butcher's Daughter Gift Shoppe. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The Butcher's Daughter has been operating in the City Market for over 10 years. They have great relationships with local artisans and bring beautiful products into the Market. The City is pleased to renew their lease so they can continue to foster great relationships with local artisans and our customers and provide quality handmade wares to the City Market. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that the City renew the Lease for Stall A and ancillary spaces in the City Market with the Butcher's Daughter Gift Shoppe Inc., under the terms and conditions as set out in the Lease submitted with M&C 2022-144; and FURTHER BE IT RESLOVED that the Mayor and City Clerk be authorized to execute any necessary documents. C10@97 M&C No. 2022-145 Report Date April 26, 2022 Meeting Date May 02, 2022 Service Area Growth and Community Development Services SUBJECT. City Market Lease Renewal with Doe Leon Lee dba. Howard's Convenience. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Howard's Convenience has been operating in the City Market for over 50 years. They always have a steady flow of customers and serve the Uptown core as one of its few convenience stores. The City is pleased to renew a lease with Howard's Convenience so they can continue to offer much needed convenience items to City Market patrons. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that the City renew the Lease for Stall D- 1 and ancillary spaces in the City Market with Dae Leon Lee, operating under the registered business name Howard's Convenience, under the terms and conditions as set out in the Lease submitted with M&C 2022- 145; and FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute any necessary documents. I'M M&C No. 2022-146 Report Date April 27, 2022 Meeting Date May 02, 2022 Service Area General Counsel SUBJECT: Professional Services Agreement for Strategic Governance Training for Council EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL At the request of the Mayor through the City Manager, staff sought a consultant to provide strategic governance training for Members of Council. The consultant identified to provide this training is Cheryl Foy, the proprietor of Strategic Governance Consulting Services Ltd. COUNCIL RESOLUTION That the City enter into the Professional Services Agreement, generally in the form as presented to Committee of the Whole at its meeting held May 2, 2022, with Strategic Governance Consulting Services Ltd., for the purpose of providing Strategic Governance Training for Council Members and that the Mayor and Clerk be authorized to execute the said Agreement. [1l61