2012-09-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, September 10, 2012
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi6re communale au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private
pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee
will make a decision(s) in that respect in Open Session:
4:30 p.m. 8th Floor Boardroom City Hall
1.0 Agreement 10.2(4)(b,c)
1.1a,b,c) Negotiation 10.2(4)(c)
1.2 Negotiation 10.2(4)(c)
1.3 Legal Opinion 10.2(4)(f)
1.4 Legal Opinion 10.2(4)(g)
Regular Meeting
1. Call to Order — Prayer
6:00 p.m. Council Chamber
2. Approval of Minutes
2.1 Minutes of July 30, 2012
2.2 Minutes of August 13, 2012
2.3 Minutes of August 20, 2012
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Millidgeville -North End Lions Letter Re Charles Gorman Canteen
(Recommendation: Refer to City Manager)
5.2 Request for Mobile Vendor Site (Recommendation: Refer to City Manager
and City Solicitor)
5.3 Request for Proposals 2012- 092201P - Drinking Water Program - Advisory
Services (Recommendation in Report)
5.4 Installation of Medium Voltage Motor Control Centre- Musquash Water
Pumping Station (Recommendation in Report)
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5.5 2012 Fleet Services Rothesay Avenue Vehicle Hoist (Recommendation in
Report)
5.6 Proposed Public Hearing Date 416 Sandy Point Road (Recommendation in
Report)
5.7 Saint John Board of Police Commissioners: Request to Present to Council
(Recommendation: Refer to the Clerk to Schedule)
5.8 Smythe St Rehabilitation & Expansion Joint Project (Recommendation in
Report)
5.9 Letter from A. Wilson and H. McMann (Recommendation: Receive for
Information)
5.10 Saint John City Market Lease of Space Stall "No. A" (Recommendation in
Report)
6. Members Comments
7. Proclamation
7.1 Cadet Week: September 16th to 22nd, 2012
8. Delegations / Presentations
9. Public Hearings
7:00pm
9.1(a) Proposed Zoning By -Law Amendment 317 City Line and Request to
Withdraw Application
9.1(b) Planning Advisory Committee Report
9.2(a) Proposed Zoning By -Law Amendment 80 Kierstead Rd
9.2(b) Planning Advisory Committee Report Recommending Rezoning
9.2(c) Letter of Opposition
10. Consideration of By -laws
11. Submissions by Council Members
11.1 Simms Corner (Councillor Norton)
11.2 Snow Removal on Red Head Road (Councillor Strowbridge)
11.3 Deputy Fire Chief (Councillor McAlary)
12. Business Matters - Municipal Officers
12.1 Common Clerk: City of Bathurst and Committee System
12.2 City Manager: Zoning By -law Review September Open House, M &C 2012-
226
12.3 City Manager: Manawagonish Road Truck Route
12.4 City Manager: Highway Usage Permit (HUP) - Transfield Dexter
Gateway Services Limited - Route 1 (Exit 120/119)
12.5 City Manager: Nick Nicolle Community Centre Revitalization Phase 2 -
Professional Consulting Services Engagement
12.6 City Manager: Nick Nicolle Community Centre Revitalization -
Recommendation for Award of Construction Contract for Phase 1
13. Committee Reports
13.1 Planning Advisory Committee: Proposed Subdivision 1450 -1600 Sandy
Point Rd
13.2 Planning Advisory Committee: Proposed Subdivision 340 and 341 Loch
Lomond Rd
13.3 Planning Advisory Committee: Proposed Subdivision and Variances 210
Lawrence Long Rd
13.4 Committee of the Whole: Recommended Appointments to Committees
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14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Cement Association of Canada Request to Present
15.2 Letter from River Road Community Alliance Inc. Request to Present
16. Adjournment
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The City of Saint John
Seance du conseil communal
Le lundi 10 septembre 2012
Comite pl6nier
1. Ouverture de la seance
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi&re communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique
16 h 30 — Salle de conference, 8e etage, h6tel de ville
1.0 Convention — alin6as 10.2(4)b), c)
1.1 a,b,c) N6gociations — alin&a 10.2(4)c)
1.2 N6gociation — alin6a 10.2(4)c)
1.3 Avis juridique — alin6a 10.2(4)f)
1.4 Avis juridique — alin6a 10.2(4)g)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
18 h — Salle du conseil
2. Approbation du proces- verbal
2.1 Proces- verbal de la s6ance tenue le 30 juillet 2012
2.2 Proces- verbal de la s6ance tenue le 13 aout 2012
2.3 Proces- verbal de la s6ance tenue le 20 aout 2012
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 11approbation du conseil
5.1 Lettre du club Millidgeville North End Lions concernant la cantine de 1'ar&na
Charles Gorman (recommandation : remettre au directeur g6n6ral)
5.2 Demande d'emplacement de vendeur ambulant (recommandation : transmettre
au directeur g6n6ral et a 1'avocat municipal)
5.3 Demande de propositions 2012- 092201P — Programme sur 1'eau potable —
Services consultatifs (recommandation figurant au rapport)
5.4 Installation du centre de commande de moteurs a moyenne tension — Poste de
pompage de 1'eau de Musquash (recommandation figurant au rapport)
5.5 Parc de vehicules 2012 — Pont elevateur pour 1'edifice d'entretien de 1'avenue
Rothesay (recommandation figurant au rapport)
5.6 Date proposee pour les audiences publiques — 416, chemin Sandy Point
(recommandation figurant au rapport)
5.7 Bureau des commissaires de la police de Saint John: Demande de
presentation devant le conseil (recommandation : transmettre a la greffiere pour
qu'une date de presentation soit fixee)
5.8 Projet conjoint de revetement et d'agrandissement de la rue Smythe
(recommandation figurant au rapport)
5.9 Lettre de A. Wilson et de H. McMann (recommandation : accepter a titre
informatif)
5.10 Marche municipal de The City of Saint John — Location de 1'etal no « A »
(recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine des cadets : du 16 au 22 septembre 2012
8. Delegations et presentations
9. Audiences publiques
19h
9.1a) Projet de modification de 1'Arrete de zonage visant le 317, chemin City Line
et demande de retrait de la demande
9. lb) Rapport du Comite consultatif d'urbanisme
9.2a) Projet de modification de 1'Arrete de zonage visant le 80, chemin Kierstead
9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage
9.2c) Lettre d'opposition
10. Etude des arretes municipaux
11. Interventions des membres du conseil
11.1 Coin Simms (conseiller Norton)
11.2 Deneigement du chemin Red Head (conseiller Strowbridge)
11.3 Chef adjoint du service d'incendie (conseillere McAlary)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Greffiere communale : Ville de Bathurst et systeme des comites
12.2 Directeur general : Examen de 1'Arrete de zonage, soiree portes ouvertes de
septembre — M/C 2012 -226
12.3 Directeur general : Voies reservees aux camions sur le
chemin Manawagonish
12.4 Directeur general : Convention relative au permis d'utilisation de l'autoroute
— Transfield Dexter Gateway Services Limited — Route 1 (sortie 120/119)
12.5 Directeur general : Phase 2 de la revitalisation du Centre communautaire
Nick Nicolle — Recours a des services d'experts - conseils professionnels
12.6 Directeur general : Revitalisation du Centre communautaire Nick Nicolle —
Recommendation pour 1'attribution du contrat de construction pour la phase 1
13. Rapports deposes par les comites
13.1 Comite consultatif d'urbanisme : Projet de lotissement au 1450 -1600, chemin
Sandy Point
13.2 Comite consultatif d'urbanisme : Projet de lotissement au 340 et 341,
chemin Loch Lomond
13.3 Comite consultatif d'urbanisme : Projet de lotissement et de derogations
visant le 210, chemin Lawrence Long
13.4 Comite plenier : Recommandations de nominations pour sieger aux comites
14. Etude des sujets &art& des questions soumises a Papprobation du conseil
15. Correspondance generale
15.1 Demande soumise par 1'Association canadienne du ciment en vue de faire
une presentation devant le conseil
15.2 Lettre de la River Road Community Alliance Inc. en vue de faire une
presentation devant le conseil
16. Levee de la seance
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JULY 30, 2012 - 7:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and
Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; K. Forrest,
Commissioner of Growth and Development Services; M. Reade,
Senior Planner; K. Rice, Deputy Commissioner of Municipal
Operations; W. Edwards, Commissioner of Transportation and
Environment Services; T. LeBlanc, Police Staff Sergeant; K.
Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor,
Assistant Common Clerk.
Call To Order — Prayer
Mayor Norton called the meeting to order and Clayton Meisner offered the opening
prayer.
2. Approval of Minutes
2.1 Minutes of June 18, 2012
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the minutes of the meeting of
Common Council, held on June 18, 2012 be approved with the following correction:
Councillor Fullerton's name be removed as the mover of item 3.3 and replaced with the
appropriate Councillor.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the agenda of this meeting with
the addition of item 12.6 Synopsis and Comment Upon the Regional Service Delivery
Act be approved; and further that item 12.4 Somerset Street (Wellesley Avenue to
Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction be withdrawn;
and further that item 8.1 CAMA Award be moved forward on the agenda.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Councillor McAlary disclosed a conflict of interest with item 9.1 Proposed Section 39
Amendment — 14 McLaughlin Crescent.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M &C2012-
192: Municipal Drainage Easement Acquisition - Bally Desmond Subdivision Phase 3
The City of Saint John accept from the owner /developer any necessary easements for
drainage of naturally occurring surface water as required on the Tentative Plan — Bally
Desmond Subdivision Phase 3 (Revised July 5, 2012) as prepared by Kierstead Quigley
Roberts Ltd.
5.2 That the submitted report M &C2012 -194: 2012 Asphalt Resurfacing — Additional
Streets, be received for information.
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
5.3 That as recommended by the City Manager in the submitted report M &C2012-
196: Saint John City Market - Lease of Space Stall "C -1 "Common Council:
1. Approve the lease of space for stall "C -1" in the City Market with 646534 N.B. Ltd.
under the terms and conditions as set out in the Lease submitted with MC2012 -196, and
further
2. The Mayor and Common Clerk be authorized to execute the lease.
5.4 That as recommended by the City Manager in the submitted report M &C2012-
197: Saint John City Market - Lease of Space Stall "D -1 "Common Council:
1. Approve the lease of space for stall "D -1" in the City Market with Kyung Soon Chang
under the terms and conditions as set out in the Lease submitted with MC2012 -197, and
further
2. The Mayor and Common Clerk be authorized to execute the lease.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations /Presentations
8.1 Canadian Association of Municipal Administrators ( "CAMA ") Award
Don MacLellan, New Brunswick's representative on the board of directors for CAMA,
explained that CAMA is a national non - profit organization with a membership of
approximately 500 City Managers and senior administrators and he provided further
background information.
Mr. MacLellan stated that the following criteria are used to choose the programs,
services, or projects that are selected for CAMA awards:
1) The extent that the program, project, or service involves innovation, creativity and
exemplifies a significant change
2) The impact of the program, project, or services on the profession of public
administration
3) The potential a program, project, or service possesses to enhance the practice of
administrators elsewhere and the degree of transferability to other local governments
4) The impact of the program, project, or service on the municipality and on the
organization even if the innovation itself was not new to the profession
5) The sustainability of results and their long lasting positive measurable effects on the
success of the organization
Mr. MacLellan explained that the Willis Award of Innovation recognizes exceptional
innovation and meritorious initiative. He stated that The City of Saint John was the
selected as this year's recipient for its development of Plan SJ and he played a brief
video clip for Council.
Mr. MacLellan presented the Willis award to the Mayor, the City Manager, and the
Commissioner of Growth and Development Services.
(Councillor McAlary withdrew from the meeting)
9. Public Hearings 7:00 P.M.
9.1(a) Proposed Section 39 Amendment— 14 McLaughlin Crescent
9.1(b) Planning Advisory Committee Recommendation
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COMMON COUNCIL /CONSEIL COMMUNAL
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The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Section 39 Amendment amending the Section 39 conditions imposed on
the February 2, 2009 rezoning of the property located at 14 McLaughlin Crescent, also
identified as PID Number 00322214, to permit removing or modifying the condition that
currently limits the use of the property to a business office for physiotherapy, massage
therapy, athletic therapy and other health- and - wellness - related professional services, so
that the property may also be used for other purposes permitted in the "B -1" Local
Business zone.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its July 17, 2012 meeting at
which the Committee recommended the amendment of the existing Section 39
conditions.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favor of the proposed
amendment with Kendra Jones indicating that she supports the application, but does not
agree with the requirement of sections (d) and (e) of the submitted staff
recommendations.
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that the Section 39 conditions on the
property located at 14 McLaughlin Crescent, also identified as PID Number 00322214,
be amended to read as follows:
a) That the use of the site be restricted to a business office only for physiotherapy,
massage therapy, athletic therapy and other health- and - wellness - related
professional service; a business office with a maximum floor area of 185 square
metres; a bakery goods shop; a barber shop or beauty salon; a dwelling unit,
subject to the condition that the number of dwelling units permitted in the building
shall not exceed the maximum number of dwelling units permitted on a lot of the
same area in the more restrictive adjoining zone on any street on which the lot
abuts; a personal service shop; and a photographer's studio within the existing
building;
b) That the site be developed 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, driveways, loading areas, signs,
exterior lighting, landscaped areas and other site features, including those listed
above. The site plan must be submitted to the Development Officer for approval
within three months of Common Council approval of the Section 39 amendment;
c) That the vehicular access to the site meet the requirements of the Zoning Bylaw
and be acceptable to the Department of Municipal Operations and Engineering;
d) That all areas of the site not occupied by buildings, driveways, walkways, parking
or loading areas be landscaped by the developer in accordance with the
requirements of the Zoning By -Law. The landscaping must extend onto the City
street right -of -way to the edge of the street curb /sidewalk; and
e) That all site improvements shown on the approved site and drainage plans be
complete within one year of Common Council approval of the Section 39
amendment.
Question being taken, the motion was carried with Councillor Farren
voting nay.
(Councillor McAlary re- entered the meeting)
8.2 Common Clerk: Committee System Form of Governance
Referring to a submitted presentation, the Common Clerk outlined the proposed
Committee Form of Government and she responded to questions from Council
members.
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
On motion of Councillor Reardon
Seconded by Councillor Farren
RESOLVED that:
a) The presentation from the Common Clerk respecting the committee system form
of governance be received for information; and
b) The Common Clerk be directed to arrange a staff presentation from the City of
Fredericton or Moncton with respect to the standing committee form of
governance; and
c) The Common Clerk be directed to provide a list outlining the number of other
municipalities currently operating under the standing committee form of
government; and
d) The Common Clerk be directed to provide Council with the dates and times of
Council meetings in other municipalities currently operating under a standing
committee form of government; and
e) The Common Clerk be directed to contact the City of Bathurst to determine what
led the municipality to revert back from a standing committee form of
government.
Question being taken, the motion was carried.
10. Consideration of By -laws
10.1(a)Updated Report from Planning Advisory Committee Recommending
Rezoning for 1450 -1600 Sandy Point Road (Tabled on July 3, 2012)
10.1(b)1st and 2nd Reading for Proposed Zoning By -Law Amendment 1450 -1600
Sandy Point Road
10.1(c) Planning Advisory Committee Report dated June 21, 2012
10.1(d) Letter of Opposition
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that Item 10.1(a,b,c,d) Proposed
Rezoning of 1450 -1600 Sandy Point Road, be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of
approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as
being PID Number 55117071 and a portion of PID Numbers 00050823, 55153332,
55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban
Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read a
first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The
City of Saint John."
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of
approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as
being PID Number 55117071 and a portion of PID Numbers 00050823, 55153332,
55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban
Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read a
second time.
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of
The City of Saint John."
11. Submissions by Council Members
11.1 Budget Process Study (Councillor Merrithew)
On motion of Councillor Merrithew
Seconded by Councillor Strowbridge
RESOLVED that Council direct staff to implement a
public consultation process with respect to the budget process study to be done
completely via the Internet instead of physical meetings.
The City Manager stated that he anticipates having a report for the next Council meeting
which would provide additional details on the proposed public consultation for the 2013
budget process.
On motion of Councillor Merrithew
Seconded by Deputy Mayor Rinehart
RESOLVED that the letter from Councillor
Merrithew entitled Budget Process Study be tabled pending a report from the City
Manager.
the agenda.
Question being taken, the motion was carried.
On motion of Councillor Strowbridge
Seconded by Councillor McAlary
RESOLVED that item 15.2 be moved forward on
Question being taken, the motion was carried.
15.2 Hoyco Productions Letter — Amateur MMA Events
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that agenda item 15.2 Hoyco
Productions Letter — Amateur MMA Events be referred to the City Solicitor for a report
and recommendation.
Question being taken, the motion was carried.
11.2 Traffic Calming Pilot Program for Douglas Avenue (Councillor MacKenzie)
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that the letter from Councillor
MacKenzie dated July 23, 2012, regarding a presentation on a proposed traffic calming
pilot program for Douglas Avenue from Morgan Lanigan, be referred to the City Manager
to arrange a meeting with Mr. Lanigan prior to the presentation being scheduled with
Council.
Question being taken, the motion was carried.
11.3 Job Descriptions - Duties & Responsibilities (Councillor Reardon)
On motion of Councillor Reardon
Seconded by Councillor Snook
RESOLVED that Council receive job
descriptions /duties and responsibilities for each of the four positions that report directly
to Council.
Question being taken, the motion was carried.
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11.4 Amalgamation of Agencies, Boards and Committees (Councillor Merrithew)
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that Council instruct the City Manager
and City Solicitor to determine the process and mechanics required to join the two
boards (Transit and Parking) and to report back to Council.
Question being taken, the motion was carried.
11.5 Ad Hoc Committee to Review Boards, Commissions and Committees
(Councillor McAlary)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the Mayor be directed to set up a
committee of three or four members of Council, for a period of approximately three
months, to review mandates and purposes of each of the city's Boards, Commissions
and Committees, including a list of present appointees and the history of length of term
appointees have served.
Question being taken, the motion was carried.
11.6 Trade & Convention Centre (Councillor MacKenzie)
On motion of Councillor MacKenzie
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
provide a report outlining the legal and financial relationship between the City and the
Trade & Convention Centre and a summary of needed work and related costs.
Question being taken, the motion was carried.
(Councillor Farren withdrew from the meeting)
12. Business Matters- Municipal Officers
12.1 City Solicitor: Amendment to the Traffic By -Law — King Street East On-
Street Parking
Consideration was given to a submitted report from the City Solicitor entitled
Amendment to the Traffic By -Law — King Street East On- Street Parking.
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "A Law to
Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the
authority of the Motor Vehicle Act, 1973, and amendments thereto," by amending
Section 16, amending Schedule H -1, and by adding the submitted Schedule H -2
immediately after Schedule H -1, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A Law to Amend a By -Law Respecting
Traffic on Streets in The City of Saint John made under the authority of the Motor
Vehicle Act, 1973, and amendments thereto."
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the by -law entitled, "A Law to
Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the
authority of the Motor Vehicle Act, 1973, and amendments thereto," by amending
Section 16, amending Schedule H -1, and by adding the submitted Schedule H -2
immediately after Schedule H -1, be read a second time.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
Read a second time by title, the by -law entitled, "A Law to Amend a By -Law Respecting
Traffic on Streets in The City of Saint John made under the authority of the Motor
Vehicle Act, 1973, and amendments thereto."
12.2 City Manager: Josselyn Road
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the submitted report M &C 2012-
195: Josselyn Road be received for information.
Question being taken, the motion was carried.
12.3 City Manager: Feasibility of Expansion of the LBR Ice Surface to meet
Olympic Specifications
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the report M &C 2012 -198:
Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications be
received for information, and further, that it be referred to the Leisure Services Advisory
Board for comment.
Question being taken, the motion was carried.
12.5 City Manager: Peel Plaza Park
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the submitted report M &C 2012-
191: Peel Plaza Park be received for information.
Question being taken, the motion was carried.
12.6 City Solicitor: Synopsis and Comment Upon the Regional Service Delivery
Act
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that item 12.6 City Solicitor: Synopsis
and Comment Upon the Regional Service Delivery Act, be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that item 12.6 Synopsis and Comment
Upon the Regional Service Delivery Act be received for information; and further, that the
City Solicitor be authorized to distribute this report to the Cities of New Brunswick
Association and other municipalities.
Question being taken, the motion was carried.
13. Committee Reports
13.1 Planning Advisory Committee: Proposed Subdivision - Eagles Nest
Subdivision - Phase 1 1450 -1600 Sandy Point Road
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that Common Council table
consideration of the submitted Eagles Nest Estates Subdivision - Phase 1, Tentative
Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of PID
Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the
proposed public streets and any required municipal services easements and public utility
easements, until such time as a Slope Stability Study has been completed to the
satisfaction of the Chief Building Inspector, or their designate.
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Question being taken, the motion was carried.
13.2 Planning Advisory Committee: Proposed Subdivision - 23 -37 & 24 -40 Linda
Court
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that Common Council:
1. Assent to one or more subdivision plans, in one or more phases, for the Allison
Heights Subdivision, Phase 2, as generally illustrated on the submitted tentative plan
dated March 18, 2009 as revised on May 1, 2009 and March 9, 2012, including any
necessary municipal services and public utility easements; and
2. Common Council authorize the preparation and execution of a City /Developer
Subdivision Agreement(s) 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 accept a cash -in -lieu payment instead of the required land
dedication in order to satisfy the Land for Public Purposes requirement; and
4. Common Council authorize the release of the existing Land for Public Purposes
dedication (PID Number 00467142) having an area of approximately 2,087 square
metres, identified as the shaded area straddling the north - western boundary of Lot 12 -6
on the submitted photo- reduced tentative subdivision plan entitled Allison Heights
Subdivision, Phase 2 (Sheet 2), once the cash -in -lieu payment has been paid to the City.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Letter from Town of Rothesay — Regional Growth Strategy
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that Council thank Mayor Bishop for
his letter dated July 16th, 2012 regarding a regional growth strategy and that the letter
be received for information.
Question being taken, the motion was carried.
16. Adjournment
The Mayor declared the meeting adjourned at 9:30 p.m.
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COMMON COUNCIL / CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 30 JUILLET 2012 A 19 H
Sont presents :
Mel Norton, maire
la mairesse suppleante Rinehart et les conseillers Farren,
MacKenzie, Merrithew, Norton, Snook, Strowbridge et les
conseilleres Fullerton, McAlary et Reardon
-et -
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux finances et tresorier; K. Forrest,
commissaire aux services de developpement et de croissance;
M. Reade, urbaniste principal; K. Rice, commissaire aux
Operations municipales; W. Edwards, commissaire aux services
de transport et d'environnement; T. LeBlanc, sergent d'etat -major
du Service de police; K. Clifford, chef du service d'incendie;
E. Gormley, greffiere communale, et J. Taylor, greffier communal
adjoint.
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Norton, et le pasteur Clayton Meisner recite la priere
d'ouverture.
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance tenue le 18 juin 2012
Proposition de la conseillbre McAlary
Appuyee par le conseiller Merrithew
RESOLU que le proces- verbal de la seance du
Conseil communal tenue le 18 juin 2012 soit approuve moyennant une correction au
point 3.3, a savoir le retrait du nom de la conseillbre Fullerton en tant que proposeuse.
A Tissue du vote, la proposition est adoptee.
3. Adoption de I'ordre du jour
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que l'ordre du jour de la presente
reunion soit adopte moyennant I'ajout du point 12.6 Apergu de la Loi sur la prestation de
services regionaux et observations. II est en outre resolu que le point 12.4
Rue Somerset (de I'avenue Wellesley a la promenade Samuel Davis) — Installation des
egouts pluviaux et travaux de refection de la rue soit retire et que le point 8.1 Prix de
I'ACAM soit avance dans I'ordre du jour.
A Tissue du vote, la proposition est adoptee.
4. Divulgations de conflits d'interets
La conseillbre McAlary declare etre en conflit d'interets avec le point 9.1 Modification
proposee aux conditions imposees en vertu de I'article 39 relativement au 14,
croissant McLaughlin.
5. Questions soumises a I'approbation du Conseil
5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -192: Acquisition dune servitude de drainage municipale — Lotissement Bally
Desmond, phase 3, The City of Saint John accepte du proprietaire /promoteur toute
servitude necessaire aux fins de drainage des eaux de surface comme 1'exige le plan
provisoire prepare par Kierstead Quigley Roberts Ltd. et intitule Lotissement Bally
Desmond, phase 3 (revise en date du 5 juillet 2012).
5.2 Que le rapport soumis intitule M/C 2012 -194 : Travaux de resurfagage d'asphalte
en 2012 — Rues additionnelles soit accepte a titre informatif.
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5.3 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6
M/C 2012 -196: March6 municipal de The City of Saint John — Location de 1'6tal n° « C-
1 », le conseil communal :
1. approuve la location d'espace de 1'6tal « C -1 », situ6 au march6 municipal, a 646534
N.B. Ltd., conform6ment aux modalit6s et conditions pr6cis6es dans le bail joint au
rapport M/C 2012 -196;
2. le maire et la greffiere communale soient autoris6s a signer ledit bail.
5.4 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6
M/C 2012 -197: Marche municipal de The City of Saint John — Location de 1'6tal n° « D-
1 », le conseil communal :
1. approuve la location d'espace de 1'6tal « C -1 », situ6 au march6 municipal, a Kyung
Soon Chang, conform6ment aux modalit6s et conditions pr6cis6es dans le bail joint au
rapport M/C 2012 -197;
2. le maire et la greffiere communale soient autoris6s a signer ledit bail.
Proposition de la conseillere McAlary
Appuy6e par le conseiller Snook
RESOLLI que la recommandation formul6e pour
chacune des questions soumises a I'approbation du conseil soit adopt6e.
A Tissue du vote, la proposition est adopt6e.
6. Commentaires presentes par les membres
Les membres du Conseil s'expriment sur diverses activit6s communautaires.
7. Proclamation
8. Delegations et presentations
8.1 Prix de I'Association canadienne des administrateurs municipaux (ACAM)
Don MacLellan, repr6sentant du Nouveau - Brunswick au conseil d'administration de
('ACAM, explique que cette derniere est un organisme a but non lucratif compos6
d'environ 500 directeurs municipaux et agents administratifs principaux, et it fournit
d'autres renseignements g6n6raux.
M. MacLellan d6clare que les criteres suivants servent a choisir les programmes, les
services ou les projets qui sont retenus pour I'attribution des prix de ('ACAM :
1) La preuve que le programme, le projet ou le service est innovateur et original et
g6nere un changement important.
2) L'impact du programme, du projet ou des services sur la profession d'administrateur
municipal.
3) Le potentiel d'un programme, d'un projet ou d'un service d'am6liorer les pratiques des
pairs et son degr6 de transf6rabilit6 a d'autres municipalit6s.
4) L'impact d'un programme, d'un projet ou d'un service sur la municipalit6 et
('organisation meme si son caractere innovateur en soi nest pas nouveau dans la
profession.
5) La durabilit6 des r6sultats, leurs effets positifs et mesurables de longue dur6e sur le
succes de ('organisation.
M. MacLellan explique que le Prix Willis de ('innovation souligne le m6rite de
programmes, de projets ou de services innovateurs qui se d6marquent ou d'une initiative
qui est digne de mention. II d6clare que la Ville de Saint John a 6t6 s6lectionn6e a titre
de r6cipiendaire cette ann6e pour 1'61aboration de son PlanSJ et it montre une courte
vid6o aux membres du conseil.
M. MacLellan remet le Prix Willis au maire, au directeur g6n6ral et au commissaire aux
services de croissance et de d6veloppement.
(La conseillere McAlary quitte la s6ance.)
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9. Audiences publiques a 19 h
9.1 a) Modification proposee A I'article 39 — 14, croissant McLaughlin
9.1 b) Recommandation du Comite consultatif d'urbanisme
La greffiere communale indique que les avis requis ont ete publies relativement au projet
de modification des conditions imposees en vertu de I'article 39, modifiant les conditions
imposees le 2 Wrier 2009 relativement au rezonage de la propriete situee au
14, croissant McLaughlin, inscrite sous le NID 00322214, afin de permettre le retrait ou
la modification de la condition qui Iimite actuellement ('usage de la propriete A un bureau
commercial ou I'on offre les services suivants : physiotherapie, massotherapie, therapie
sportive et autres services professionnels lies a la sante et au mieux -titre, de sorte que
la propriete puisse egalement titre utilisee A d'autres fins autorisees dans la zone locale
commerciale « B -1 ».
On a egalement examine le rapport presente par le Comite consultatif d'urbanisme,
accompagne d'un exemplaire du rapport du personnel d'urbanisme, qui ont fait I'objet
d'un examen lors de la seance du 17 juillet 2012 au cours de laquelle le Comite a
recommande la modification des conditions en vigueur a I'heure actuelle en vertu de
I'article 39.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite le public a se prononcer en faveur du rezonage. Kendra Jones indique
qu'elle soutient la demande, mais qu'elle nest pas d'accord avec les exigences
contenues aux alineas d) et e) des recommandations etablies par le personnel.
Proposition du conseiller Merrithew
Appuyee par le conseiller MacKenzie
RESOLLI que les conditions imposees par
I'article 39 relativement a la propriete situee au 14, croissant McLaughlin, inscrite sous le
NID 00322214, soient modifiees pour indiquer ce qui suit :
f) le terrain ne doit titre affecte qu'b I'amenagement de ce qui suit dans le batiment
existant : un bureau commercial ou I'on n'offre que des services
de physiotherapie, de massotherapie, de therapie sportive et d'autres services
professionnels lies a la sante et au mieux -titre; un bureau commercial dont la
superficie maximale est de 185 metres carres; une boulangerie- patisserie; un
salon de coiffure pour hommes ou pour dames; un logement, A la condition que
le nombre de logements permis dans le batiment ne depasse pas le nombre
maximal de logements autorises sur un terrain de meme superficie dans la zone
adjacente la plus restrictive se trouvant sur une rue contigue au terrain; une
boutique de services de soins personnels; et un atelier de photographie;
g) 1'emplacement doit titre amenage conformement a un plan de situation detaille,
prepare par le promoteur et sujet A I'approbation de I'agent d'amenagement,
indiquant 1'emplacement de tous les batiments, les aires de stationnement, les
voies d'acces, les aires de chargement, les affiches, 1'eclairage exterieur, les
espaces paysagers et les autres caracteristiques de 1'emplacement, y compris
celles susmentionnees. Le plan de situation doit titre soumis A I'agent
d'amenagement aux fins d'approbation, et ce, dans les trois mois qui suivent la
date a Iaquelle le conseil a approuve la modification de la condition imposee par
('article 39;
h) I'acces des vehicules a 1'emplacement doit respecter les exigences prescrites par
I'Arrete de zonage et doit titre juge acceptable par le service Operations
municipales et Genie;
i) le promoteur doit prevoir I'amenagement paysager des aires amenagees de
1'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees
pietonnieres et d'aires de stationnement ou de chargement, conformement aux
exigences prescrites par I'Arrete de zonage. L'amenagement paysager doit se
prolonger sur le droit de passage municipal jusqu'A la bordure de la rue ou du
trottoir;
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j) toutes les ameliorations indiquees sur le plan de situation et le plan de drainage
approuves doivent titre terminees dans un delai d'un an a compter de la date a
laquelle le conseil a approuve la modification de la condition imposee par I'article
39.
A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote
contre la proposition.
(La conseillere McAlary se joint de nouveau a la reunion.)
8.2 Greffiere communale: Mode de gestion du systeme des comites
Faisant reference a une presentation anterieure, la greffiere communale presente le
mode propose de gestion du systeme des comites, puis repond aux questions des
membres du conseil.
Proposition de la conseillere Reardon
Appuyee par le conseiller Farren
RESOLU que:
f) la presentation effectuee par la greffiere communale relativement au mode de
gestion du systeme des comites soit acceptee a titre informatif;
g) la greffiere communale soit chargee de fixer la date d'une presentation sur le
mode de gestion propre a un comite permanent, laquelle sera effectuee par le
personnel de la Ville de Fredericton ou de Moncton;
h) la greffiere communale soit chargee de fournir une liste etablissant le nombre de
municipalites qui fonctionnent selon le mode de gestion propre a un comite
permanent;
i) la greffiere communale soit chargee de fournir au conseil communal les dates et
les heures des reunions du conseil des autres municipalites fonctionnant selon
un mode de gestion propre a un comite permanent;
j) la greffiere communale soit chargee de communiquer avec la Ville de Bathurst
pour connai"tre la raison qui I'a amenee a abandonner le mode de gestion propre
a un comite permanent.
A ('issue du vote, la proposition est adoptee.
10. Etude des arretes municipaux
10.1a) Rapport mis a jour du Comite consultatif d'urbanisme recommandant le
rezonage des 1450 -1600, chemin Sandy Point (point reporte lors de la
seance du 3 juillet 2012)
10.1b) Premiere et deuxieme lectures du projet de modification de I'Arrete de
zonage visant les 1450 -1600, chemin Sandy Point
10.1c) Rapport du Comite consultatif d'urbanisme date du 21 juin 2012
10.1d) Lettre d'opposition
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que les points 10.1 a), b), c) et d) relatifs
au projet de rezonage des 1450 -1600, chemin Sandy Point, soient soumis aux fins de
discussion.
A ('issue du vote, la proposition est adoptee.
Proposition de la conseillere McAlary
Appuyee par le conseiller Farren
RESOLU que I'arrete intitule « Arrete modifiant
I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de
The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux
1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant
le NID 55117071 et une partie des NID 00050823, 55153332, 55151609, 55145551 et
55145544, afin de faire passer la classification s'y rapportant de zone residentielle de
banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de maisons en
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rangee « TH » et a zone d'immeubles -tours a logements multiples « RM -2 », fasse
('objet d'une premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The
City of Saint John ».
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que 1'arrete intitule « Arrete modifiant
I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de
The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux
1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant
le NID 55117071 et une partie des NID 00050823, 55153332, 55151609, 55145551 et
55145544, afin de faire passer la classification s'y rapportant de zone residentielle de
banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de maisons en
rangee « TH » et a zone d'immeubles -tours a logements multiples « RM -2 », fasse
('objet d'une deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The
City of Saint John ».
11. Interventions des membres du conseil
11.1 Etude du processus budgetaire (conseiller Merrithew)
Proposition du conseiller Merrithew
Appuyee par le conseiller Strowbridge
RESOLU que le conseil charge le personnel de
mettre en place un processus de consultation publique relativement a 1'etude du
processus budgetaire. Le processus de consultation publique devra alors se derouler
sur Internet au lieu de prendre la forme de reunions physiques.
Le directeur general declare qu'il s'attend a recevoir un rapport lors de la prochaine
reunion du conseil, lequel devrait fournir des details supplementaires sur le projet de
consultation publique relativement au processus budgetaire de 2013.
Proposition du conseiller Merrithew
Appuyee par la mairesse suppleante Rinehart
RESOLU que la lettre du conseiller Merrithew
intitulee Etude du processus budgetaire soit reportee, dans I'attente d'un rapport du
directeur general.
du jour.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller Strowbridge
Appuyee par la conseillere McAlary
RESOLU que le point 15.2 soit avance dans l'ordre
A ('issue du vote, la proposition est adoptee.
15.2 Lettre d'Hoyco Productions au sujet des evenements darts martiaux
mixtes amateurs
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le point 15.2 de l'ordre du jour intitule
Lettre d'Hoyco Productions au sujet des evenements d'arts martiaux mixtes amateurs
soit transmis a I'avocat municipal aux fins de preparation d'un rapport et d'une
recommandation.
A ('issue du vote, la proposition est adoptee.
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11.2 Programme pilote d'apaisement de la circulation pour ('avenue Douglas
(conseiller MacKenzie)
Proposition du conseiller Merrithew
Appuyee par la mairesse suppleante Rinehart
RESOLU que la lettre du conseiller MacKenzie,
datee du 23 juillet 2012, relativement au programme pilote d'apaisement de la circulation
pour ('avenue Douglas soit transmise au directeur general.
A ('issue du vote, la proposition est adoptee.
11.3 Description de postes — Fonctions et responsabilites (conseillere Reardon)
Proposition de la conseillere Reardon
Appuyee par le conseiller Snook
RESOLU que le conseil regoive les descriptions de
postes, a savoir les taches et les responsabilites, pour chacun des quatre postes qui
relevent directement du conseil.
A ('issue du vote, la proposition est adoptee.
11.4 Fusion d'agences, de conseils et de comites (conseiller Merrithew)
Proposition du conseiller Merrithew
Appuyee par le conseiller Snook
RESOLU que le conseil charge le directeur general
et I'avocat municipal de definir les processus et les mecanismes requis pour integrer les
deux commissions (transports et stationnement) et de lui presenter un compte rendu.
A ('issue du vote, la proposition est adoptee.
11.5 Comite special charge d'examiner les conseils, les commissions et les
comites (conseillere McAlary)
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que le maire soit charge de creer un
comite compose de trois ou quatre membres faisant partie du conseil, pour une duree
d'environ trois mois, afin de passer en revue les mandats et les objectifs de tous les
conseils, les commissions et les comites de la municipalite, y compris une liste des
personnes actuellement nommees au sein de ces conseils, commissions et comites et
un historique de tous les mandats effectues.
A ('issue du vote, la proposition est adoptee.
11.6 Trade & Convention Centre (conseiller MacKenzie)
Proposition du conseiller MacKenzie
Appuyee par le conseiller Farren
RESOLU que le directeur general soit charge de
presenter un rapport detaillant la relation juridique et financiere qui lie la Ville au Trade &
Convention Centre, ainsi qu'un resume des travaux requis et des couts lies a ces
derniers.
A ('issue du vote, la proposition est adoptee.
(Le conseiller Farren quitte la seance.)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Avocat municipal : Modification de I'Arrete relatif a la circulation —
Stationnement sur la rue King Est
On examine un rapport presente par I'avocat municipal intitule Modification de I'Arrete
relatif a la circulation — Stationnement sur la rue King Est.
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
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RESOLU que 1'arrete intitule « Arrete modifiant
I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant
I'annexe H -1 de I'article 16 et ajoutant I'annexe H -2 soumise immediatement aprbs
I'annexe H -1, soit Iu une premibre fois.
A Tissue du vote, la proposition est adoptee.
Premibre lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif a la
circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les
vehicules a moteur (1973) et modifications afferentes ».
Proposition du conseiller Snook
Appuyee par la conseillbre McAlary
RESOLU que 1'arrete intitule « Arrete modifiant
I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant
I'annexe H -1 de I'article 16 et ajoutant I'annexe H -2 soumise immediatement aprbs
I'annexe H -1, soit lu une deuxibme fois.
A Tissue du vote, la proposition est adoptee.
Deuxibme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la
circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les
vehicules a moteur (1973) et modifications afferentes ».
12.2 Directeur general : Chemin Josselyn
Proposition du conseiller Snook
Appuyee par la conseillbre McAlary
RESOLU que le rapport soumis intitule M/C 2012-
195 : Chemin Josselyn soit accepte a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.3 Directeur general : Faisabilite de I'agrandissement de la surface de glace
de I'arena Lord Beaverbrook afin de respecter les exigences des Jeux olympiques
Proposition du conseiller Snook
Appuyee par la conseillbre McAlary
RESOLU que le rapport intitule M/C 2012-198:
Faisabilite de I'agrandissement de la surface de glace de 1'arena Lord Beaverbrook soit
accepte a titre informatif et qu'il soit transmis au Conseil consultatif des services des
loisirs pour qu'il fasse part de ses commentaires.
A Tissue du vote, la proposition est adoptee.
12.5 Directeur general : Parc de la place Peel
Proposition de la conseillbre McAlary
Appuyee par la conseillbre Reardon
RESOLU que le rapport soumis intitule M/C 2012-
191 : Parc de la place Peel soit accepte a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.6 Avocat municipal : Aper(;u de la Loi sur la prestation de services regionaux
et observations
Proposition de la conseillbre McAlary
Appuyee par le conseiller Farren
RESOLU que le point 12.6 Avocat
municipal: Apergu de la Loi sur la prestation de services regionaux et observations soit
soumis aux fins de discussion.
A Tissue du vote, la proposition est adoptee.
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Proposition de la conseillbre McAlary
Appuyee par le conseiller Farren
RESOLU que le point 12.6 Avocat
municipal: Aperqu la Loi sur la prestation de services regionaux et observations soit
accepte a titre informatif et que le directeur general soit charge de distribuer ce rapport a
I'Association des cites du Nouveau - Brunswick et aux autres municipalites.
A Tissue du vote, la proposition est adoptee.
13. Rapports deposes par les comites
13.1 Comite consultatif d'urbanisme : Projet de lotissement — Phase 1 du
lotissement Eagles Nest visant les 1450 -1600, chemin Sandy Point
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le conseil communal reporte I'etude
du plan de lotissement provisoire presente, visant la premiere phase du lotissement
Eagles Nest Estates situe aux 1450 -1600, chemin Sandy Point, et inscrit en partie sous
les NID 55145544, 55151609, et 55145551, relativement a la devolution des rues
publiques proposees et de toute servitude necessaire aux fins de services municipaux et
de services d'utilite publique, jusqu'a ce qu'une analyse de la stabilite de la pente ait ete
realisee a la satisfaction de I'inspecteur en chef des batiments ou de son remplagant.
A Tissue du vote, la proposition est adoptee.
13.2 Comite consultatif d'urbanisme : Projet de lotissement aux 23 -37 et 24-
40, cour Linda
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que le conseil communal:
1. approuve le ou les plans de lotissement, en une ou plusieurs phases, dans le cadre
de la phase 2 du projet de lotissement Allison Heights, comme le montre de manibre
generale le plan provisoire presente et date du 18 mars 2009 et revise le 1 e mai 2009 et
le 9 mars 2012, y compris toute servitude de services municipaux ou d'entreprise de
service public exigee;
2. autorise la redaction et la signature de contrats de lotissement entre la Ville et le
promoteur afin de permettre 1'execution des travaux requis et la mise en place des
installations necessaires, notamment en ce qui concerne 1'e1aboration de plans de
situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef;
3. accepte une compensation monetaire, plutot que ('affectation du terrain requise, pour
satisfaire a 1'exigence relative aux terrains d'utilite publique;
4. autorise le dessaisissement du terrain d'utilite publique existant (NID 00467142),
d'une superficie d'environ 2 087 metres carres, designe par le secteur ombrage
chevauchant la limite nord -ouest du lot no 12 -6 sur le plan de lotissement provisoire
reduit par procede photo intitule « Lotissement Allison Heights, phase 2 (page no 2) »,
une fois que la Ville aura recu la compensation monetaire.
A ('issue du vote, la proposition est adoptee.
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
15. Correspondance generale
15.1 Lettre de la Ville de Rothesay relative a la strategie de croissance regionale
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que le conseil remercie le maire Bishop
pour sa lettre du 16 juillet 2012 au sujet d'une strat6gie de croissance regionale et que la
lettre soit acceptee a titre informatif.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
JULY 30, 2012/LE 30 JUILLET 2012
16. Levee de la seance
Le maire declare que la seance est levee a 21 h 30.
Mayor / maire
Common Clerk / greffiere communale
23
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012 /LE 13 AOUT 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — AUGUST 13, 2012 - 6:45 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon, and Snook
WTiT:!
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Administrative Services; K.
Forrest, Commissioner of Growth and Development Services; W.
Edwards, Commissioner of Transportation and Environment
Services; A. Poffenroth, Deputy Commissioner of Building and
Inspection Services; T. Leblanc, Police Staff Sergeant; K.
Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor,
Assistant Common Clerk.
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Reverend David McElhinney offered the
opening prayer.
2. Approval of Minutes
2.1 Minutes of June 25, 2012
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that the minutes of the meeting of
Common Council, held on June 25, 2012, be approved.
Question being taken, the motion was carried.
2.2 Minutes of July 3, 2012
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the minutes of the meeting of
Common Council, held on July 3, 2012, be approved.
Question being taken, the motion was carried.
2.3 Minutes of July 16, 2012
Deputy Mayor Rinehart indicated that a motion she had made at the July 16, 2012
meeting did not appear in the minutes and requested that the record be reviewed.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the minutes of the meeting of
Common Council, held on July 16, 2012, be referred to the Clerk to review the record.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Deputy Mayor Rinehart
Seconded by Councillor Merrithew
RESOLVED that the agenda of this meeting with
the addition of 13.2 Committee of the Whole: Staffing for the Heritage Conservation
Service, be approved.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
The Mayor and Councillor Fullerton disclosed a conflict of interest with item 12.6 The
2012 Heritage Grant Program.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M &C 2012-
199: Proposed Public Hearing Date 317 City Line and 80 Kierstead Road, Common
Council schedule the public hearings for the rezoning applications of Serge Ethier (317
City Line) and Sunstar Ltd. (80 Kierstead Road) for Monday, September 10, 2012 at
7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory
Committee for a report and recommendation.
5.2 That as recommended by the City Manager in the submitted report entitled Early
Adopter Software Agreement With Sungard Public Sector Inc. for Customer Service
Software:
1. The City enter into an Early Adopter Software Agreement generally in the form as
submitted in the letter to Council with Sungard Public Sector Inc. for the purposes of
testing and receiving rights to use a Customer Service (CRM) Software; and
2. The Mayor and Clerk be authorized to execute the said agreement.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations /Presentations
8.1 Uptown Saint John — Green Feet Presentation
Referring to a submitted presentation, Anne McShane and Jeff Roach, representing the
Uptown Green Feet Committee, updated Council on a proposed 5.3 km cycling /active
transport route to extend from the Saint John Regional Hospital to Harbour Passage.
T. O'Reilly, Manager of Pedestrian & Traffic Services, appeared before Council and
responded to questions regarding the proposed active transportation route.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the section 10.7 of Council's
Procedural By -Law be suspended to allow Council to consider a motion respecting the
matters presented.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the presentation from the Uptown
Green Feet Committee regarding an active transportation route be referred to the City
Manager for a report; and further that this matter be referred to the 2013 budget
deliberations.
Question being taken, the motion was carried.
9. Public Hearings 7:00 P.M.
(Councillor Farren withdrew from the meeting)
10. Consideration of By -laws
10.1(a)Third Reading Zoning By -Law Amendment 1450 -1600 Sandy Point Rd
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
10.1(b)Section 39 Conditions
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the by -law entitled "By -Law
Number C.P. 110 -200, A Law to Amend the Zoning By -Law of The City of Saint John re-
zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600
Sandy Point Road, also identified as being PID number 55117071 and a portion of PID
numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One
and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise
Multiple Residential, be read.
Question being taken, the motion was carried.
The By -Law entitled, "By -Law Number C.P. 110 -200, A Law to Amend the Zoning By-
Law of The City of Saint John ", was read in its entirety.
The City Solicitor advised that condition 'T' in the Section 39 condition document refers
to deforestation, adding that anything short of clear- cutting is not prohibited by the
Section 39 conditions.
Councillor McAlary moved a motion, seconded by the Deputy Mayor, to refer the matter
to the City Manager to change the wording of section 39 condition 'T'. The motion was
subsequently withdrawn by the mover and seconder.
Responding to a request to provide Council with new wording for Section 39 condition
'T', the City Solicitor offered the following language: "no portion of the site be developed,
nor shall any site preparation occur, except in accordance with corresponding detailed
plans including... ", noting that this language could replace the existing first two lines of
condition 'T' and that the balance of the existing text could remain the same.
(Councillor Farren reentered the meeting)
On motion of Councillor Farren
Seconded by Councillor Fullerton
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed development of the parcel of
land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point
Road, also identified as PID Numbers 55117071 and part of 55145544, 00050823,
55153332, 55151609, and 55145551, be subject to a detailed agreement including the
following conditions:
a. Prior to any development of the site, the developer be required to complete a
Slope Stability Study to access the suitability of the land for construction of the
proposed development, subject to approval by the Chief Building Inspector or
their designate;
b. Prior to any development of the site, the developer be required to complete a
Traffic Impact Study to determine if any improvements to Sandy Point Road
and /or the intersection of Sandy Point Road and any future streets or any access
points connecting the proposed development to a public street will be required to
facilitate full -build out of the proposed development. The review must include
slope and topographic considerations and is subject to the approval by the Chief
City Engineer or his designate;
c. Any development of the site be in accordance with a detailed engineering water
and sewer analysis determining the impact of the development on the existing
infrastructure, and a detailed engineering servicing plan for the approval of the
Chief City Engineer or his designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage plan /
report, prepared by the developer and subject to the approval of the Chief City
Engineer or his designate, prior to issuance of any Building Permit(s). This
report must also determine the impact this development will have on the existing
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
storm sewer infrastructure and also to ensure that this proposal does not exceed
the current capacity of the existing storm system;
e. The developer must provide all utilities underground, including power and
telephone from the existing overhead facilities, as required in the City of Saint
John Subdivision Bylaw and that any costs to extend or improve off -site
infrastructure to serve the development be completed at the developer's
expense;
No portion of the site be developed, nor shall any site preparation occur, except
in accordance with corresponding detailed plans including, but not limited to, a
site plan, building elevations, a landscape plan and a grading plan, all of which
are to be prepared by the proponent of the development and subject to the
approval of Common Council and incorporated into a Development Agreement,
as a statutory amendment to these conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential
area of the site shall be completed within 5 years of the date of the rezoning
coming into effect. Should this not occur, no further development of the "TH"
Townhouse and "RM -2" High Rise Multiple Residential area of the site shall be
permitted and Council shall take steps to immediately repeal the rezoning
agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the
Community Planning Act and the land shall return to its previous zone; and
h. In accordance with Section 39(8) of the Community Planning Act, the applicant
shall provide a certified cheque in the amount of one thousand dollars
($1,000.00) to cover expenses related to the cancellation of the conditional
rezoning agreement and /or repeal of the rezoning in the event that the conditions
attached to the rezoning cannot be met, as per policy 1 -5 in the Municipal Plan.
The certified cheque shall be repayable on the substantial completion of the
development for which the rezoning is granted.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the by -law entitled "By -Law
Number C.P. 110 -200, A Law to Amend the Zoning By -Law of The City of Saint John re-
zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600
Sandy Point Road, also identified as being PID number 55117071 and a portion of PID
numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One
and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise
Multiple Residential, be read a third time, enacted, and the Corporate Common Seal
affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the By -Law entitled, "By -Law Number C. P. 110 -200, A Law to
Amend the Zoning By -Law of The City of Saint John ".
10.2 Third Reading Traffic By -Law Amendment Respecting Parking on King
Street East
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the by -law entitled "A Law to
Amend a By -Law Respecting Traffic On Streets in The City of Saint John Made Under
the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ", amending
Section 16 and Schedule H -1 —Alternate Side Parking regarding King Street East, be
read.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012 /LE 13 AOUT 2012
The By -Law entitled, "A Law to Amend a By -Law Respecting Traffic On Streets in The
City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto ", was read in its entirety.
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the by -law entitled "A Law to
Amend a By -Law Respecting Traffic On Streets in The City of Saint John Made Under
the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ", amending
Section 16 and Schedule H -1 — Alternate Side Parking regarding King Street East, be
read a third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled "A Law to Amend a By -Law Respecting
Traffic On Streets in The City of Saint John Made Under the Authority of the Motor
Vehicle Act, 1973, and Amendments Thereto ",
11. Submissions by Council Members
11.1 United Way Presentation (Mayor Norton)
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the letter from Mayor Norton
entitled United Way Presentation be referred to the Clerk for scheduling.
Question being taken, the motion was carried.
11.2 Scheduling of Meetings (Deputy Mayor Rinehart)
A motion was moved by the Deputy Mayor and seconded by Councillor Reardon to
consistently schedule regular open session Council meeting to begin at 7:00 p.m.
On motion of Councillor McAlary
Seconded by Councillor Fullerton
RESOLVED that item 11.2 Scheduling of Meetings
(Deputy Mayor Rinehart), be tabled until the next meeting of Council.
Question being taken, the motion was carried with Councillor MacKenzie
voting nay.
11.3 Recommendation for Committee Review (Deputy Mayor Rinehart)
On motion of Deputy Mayor Rinehart
Seconded by Councillor Merrithew
RESOLVED that, as part of the overall review of
ABC's, the final report from the Committee also include recommendations for
elimination, combination and /or change of mandate that would improve the effectiveness
and efficiency of our ABC structure.
Question being taken, the motion was carried.
11.4 Boutique Liquor Store (Deputy Mayor Rinehart)
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that Council send a letter supporting
the Saint John Hotel Association's bid for a boutique liquor store in the uptown area.
Question being taken, the motion was carried.
11.5 Criminal Record Checks for Appointees (Councillor Fullerton)
The Common Clerk advised that the City cannot collect information beyond what is
required to serve on a committee.
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
On motion of Councillor Fullerton
Seconded by Councillor Farren
RESOLVED that item 11.5 Criminal Record Checks
for appointees be referred to the Common Clerk and City Solicitor.
Question being taken, the motion was carried.
11.6 Function Mapping (Mayor Norton)
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that item 11.6 Function Mapping be
lifted from the table.
Question being taken, the motion was carried with Councillor Farren
voting nay.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that notwithstanding the City's
procurement policy, Council enter into an agreement with Dr. Howatt to carry out
implementing a Function Mapping process for the City of Saint John with a maximum
budget envelope of $20,000.00, plus incidental expenses, to be completed by the end of
October, 2012.
Councillor Farren stated that he does not agree with spending further funds on studies
Councillor Fullerton stated that she would not support the motion unless Council cancels
the other recently approved studies.
Question being taken, the motion was carried with Councillors Farren and
Fullerton voting nay.
11.7 Manawagonish Road Truck Route (Deputy Mayor Shelley Rinehart)
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that item 11.7 Manawagonish Road
Truck Route be lifted from the table.
Question being taken, the motion was carried.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that, for safety reasons, the City
Manager investigate the historical and current designation of Manawagonish Road as a
truck route.
Question being taken, the motion was carried.
On motion of Councillor MacKenzie
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
examine the truck routes in Saint John and make recommendations to improve public
safety.
Question being taken, the motion was carried.
12. Business Matters- Municipal Officers
12.1 City Manager: Proposed Change to Market Place West Master Plan
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that item 12.1 Proposed Change to
Market Place West Master Plan, be lifted from the table.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012 /LE 13 AOUT 2012
M. Hugenholtz, Operations Manager, appeared before Council and responded to
questions regarding the submitted report.
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -189: Proposed Change to Market Place
West Master Plan, Common Council authorize a change to be made to the Market Place
West 2010 Master Plan to incorporate a splash pad into the design in lieu of the outdoor
rink.
Question being taken, the motion was carried.
12.2a) City Manager: Capacity of the Fire Department to Deal with Dilapidated and
Derelict Building under the Provisions of the Fire Prevention Act
12.2b) City Solicitor: Vacant and Derelict Buildings and The Fire Prevention Act
Referring to the submitted report, the Fire Chief appeared before Council and responded
to questions.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the report M &C 2012 -201:
Capacity of the Fire Department to Deal with Dilapidated and Derelict Building under the
Provisions of the Fire Prevention Act be received for information.
Question being taken, the motion was carried.
On motion of Councillor Snook
Seconded by Councillor Farren
RESOLVED that the City Solicitor be directed to
prepare a draft fire prevention by -law, which is to include the cost of enforcement and
cost recovery fees.
Question being taken, the motion was carried.
12.3 City Solicitor: By -Law Respecting Unsecured Refuse on Properties
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the submitted report entitled By-
Law Respecting Unsecured Refuse on Properties, be received for information; and
further, the City Solicitor be directed to report back with a draft By -Law Respecting
Unsecured Refuse on Properties, by the end of November 2012.
Question being taken, the motion was carried.
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED the following item be added to
Council's agenda: Actionable Items /Record of Motions (Councillor Farren)
Question being taken, the motion was carried.
Actionable Items /Record of Motions (Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the City Manager be directed to
devise a plan to complete the outstanding resolutions of Council appearing on the
Actionable Items /Record of Motions document.
Question being taken, the motion was carried.
12.4a) City Manager: Saint John Taxicab By -Law Amendment M &C 2012 -202
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AO(JT 2012
12.4b) City Solicitor: Proposed Amendment to the Taxicab By -Law (1St and 2nd
Reading Attached)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the by -law entitled "A By -Law to
Amend By -Law Number M -12 - A By -Law Respecting the Regulating and Licensing of
Owners and Operators of Taxicabs in the City of Saint John" amending Section 23 by
deleting subsection 23(4), be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A By -Law to Amend By -Law Number M -12 -
A By -Law Respecting the Regulating and Licensing of Owners and Operators of
Taxicabs in the City of Saint John ".
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the by -law entitled "A By -Law to
Amend By -Law Number M -12 - A By -Law Respecting the Regulating and Licensing of
Owners and Operators of Taxicabs in the City of Saint John" amending Section 23 by
deleting subsection 23(4), be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A By -Law to Amend By -Law Number M-
12 - A By -Law Respecting the Regulating and Licensing of Owners and Operators of
Taxicabs in the City of Saint John ".
12.5 City Manager: Adding Topsoil and Grass Seed to Vacant lots after a
Dangerous Building has been Demolished by the City
On motion of Councillor MacKenzie
Seconded by Councillor Merrithew
RESOLVED that the report M &C 2012 -203: Adding
Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished
by the City be received for information; and further, the City Manager be directed to
examine additional possible methods to supply topsoil to vacant lots.
Question being taken, the motion was carried.
(The Mayor withdrew from the meeting and the Deputy Mayor replaced him as the Chair)
(Councillor Fullerton and Farren withdrew from the meeting)
12.6 City Manager: The 2012 Heritage Grant Program
On motion of Councillor Reardon
Seconded by Councillor Norton
RESOLVED that the report M & C 2012 -204: The
2012 Heritage Grant Program be referred to the City Manager to examine the possibility
of allocating the budgeted funds for the Heritage Grant Program towards the integrity of
heritage buildings.
Question being taken, the motion was carried.
(The Mayor reentered the meeting and took the place of Chair)
(Councillors Farren and Fullerton reentered the meeting)
12.7 Commissioner of Finance: Capital Financing
His Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that
I will, at a meeting of Common Council held after the expiration of 30 days from this day,
move or cause to be moved the following resolution:
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that occasion having arisen in the
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012 /LE 13 AOUT 2012
public interest for the following Public Civic Works and needed Civic Improvements, that
is to say:
The City of Saint John
Proposed issue of Debentures
To Be Dated On or After September 12, 2012
Purpose of Issue
General Fund
Protective Services
$
500,000
Transportation Services
$
6,500,000
Economic Development
$
3,000,000
Parks and Recreation
$
1,500,000
11,500,000
Water & Sewerage Utility
Water System
$
1,000,000
Sewer System
$
7,500,000
8,500,000
Saint John Transit
4,500,000
Total
$24,500,000
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount
of $24,500,000.
Question being taken, the motion was carried.
12.8 City Manager: Strategic Framework: Public Engagement Strategy
J. Hamilton, Commissioner of Strategic Services, appeared before Council and
responded to questions.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the meeting time be extended
beyond 10:00 p.m. as provided for in the Procedural By -law.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report entitled Strategic Framework: Public Engagement
Strategy, Common Council endorse the proposed public engagement strategy to support
informed decision making related to 2013 service -based budget process inclusive of the
Council priority setting and core service review.
Question being taken, the motion was carried with Councillors Fullerton,
MacKenzie and Merrithew voting nay.
12.9 City Manager: Strategic Framework - Citizen Survey
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report entitled Strategic Framework - Citizen Survey, the City
direct engage Ipsos Reid to conduct the 2012 Citizen Survey in the amount of $40,000
plus HST to support on -going efforts to measure performance and engage the public for
input on the 2013 service -based budget.
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
Question being taken, the motion was carried with Councillors Fullerton,
MacKenzie and Merrithew voting nay.
On motion of Councillor Norton
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
provide a vehicle for Council to give input into the citizen survey questions.
Question being taken, the motion was carried.
12.10 City Manager: Golden Mile Corridor Plan
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -200: Golden Mile Corridor Plan that
Common Council:
1. Receive for information the Golden Mile Corridor Plan Background Report for the
purposes of guiding the forthcoming public engagement session;
2. Schedule a public open house to launch the Corridor Plan for September 6, 2012 from
5:00pm to 7:00pm at the Royal Canadian Legion, 714 Wilson Street.
Question being taken, the motion was carried.
12.11 Common Clerk: Job Descriptions for Senior Officers
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the report entitled Job
Descriptions for Senior Officers be received for information.
Question being taken, the motion was carried.
12.12 City Manager: Contract No. 2012 -23: Frederick & Seaton Street - Watermain,
Sanitary and Storm Sewer Installation and Street Reconstruction
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that item 12.12 Contract No. 2012 -23:
Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer Installation and
Street Reconstruction be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Fullerton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -209: Contract No. 2012 -23: Frederick &
Seaton Street - Watermain, Sanitary and Storm Sewer Installation and Street
Reconstruction:
1. Contract 2012 -23: Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer
Installation and Street Reconstruction be awarded to the low tenderer, Galbraith
Construction Ltd., at the tendered price of $ 1,129,406.75 as calculated based upon
estimated quantities, and further, that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
2. Council approve utilizing the $300,000 surplus GTF funding from the Alward Street
Sanitary Sewer Installation project towards the Frederick & Seaton Street
Reconstruction project.
Question being taken, the motion was carried.
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12.13 City Manager: Somerset Street (Wellesley Avenue to Samuel Davis Drive)
Storm Sewer Installation and Street Reconstruction
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED item 12.13 Somerset Street (Wellesley
Avenue to Samuel Davis Drive) Storm Sewer Installation and Street
Reconstruction, be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -207: Somerset Street (Wellesley Avenue to
Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction, Council pre -
approve supplementary funding in the amount of $1,800,000 under the 2013 General
Fund Capital Program to allow the reconstruction of Somerset Street between Wellesley
Avenue and Samuel Davis Drive to proceed as outlined in this report.
Question being taken, the motion was carried.
13. Committee Reports
13.1 Discover Saint John — New Brunswick Tourism Industry Structure Review
On motion of Councillor Snook
Seconded by Councillor Norton
RESOLVED that the report from Discover Saint
John entitled New Brunswick Tourism Industry Structure Review be received for
information.
Question being taken, the motion was carried.
13.2 Committee of the Whole: Staffing for the Heritage Conservation Service
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that, notwithstanding the hiring freeze
imposed by Common Council, the City Manager be directed to immediately commence
the recruitment process to hire a Heritage Analyst.
Question being taken, the motion was carried with Councillors Farren,
Fullerton and Merrithew voting nay.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the minutes of the meeting of
Common Council, held on July 16, 2012, be approved.
Question being taken, the motion was carried.
16. Adjournment
The Mayor declared the meeting adjourned at 10:40 p.m.
Mayor / maire
Common Clerk / greffiere communale
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COMMON COUNCIL / CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 13 AOOT 2012 A 18 H 45
Sont presents :
Mel Norton, maire
la mairesse suppleante Rinehart et les conseillers Farren,
MacKenzie, Merrithew, Norton, Snook et les conseilleres
Fullerton, McAlary et Reardon
-et -
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux services financiers et
administratifs; K. Forrest, commissaire aux services de
developpement et de croissance; W. Edwards, commissaire aux
services de transport et d'environnement; A. Poffenroth,
commissaire adjoint aux services d'inspection et des batiments;
T. Leblanc, sergent d'etat -major du Service de police; K. Clifford,
chef du service d'incendie; E. Gormley, greffiere communale, et
J. Taylor, greffier communal adjoint.
Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Norton et le pasteur David McElhinney recite la
priere d'ouverture.
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance tenue le 25 juin 2012
Proposition du conseiller Merrithew
Appuyee par le conseiller Snook
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 25 juin 2012 soit approuve.
A ('issue du vote, la proposition est adoptee.
2.2 Proces- verbal de la seance tenue le 3 juillet 2012
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 3 juillet 2012 soit approuve.
A ('issue du vote, la proposition est adoptee.
2.3 Proces- verbal de la seance tenue le 16 juillet 2012
La mairesse suppleante Rinehart indique que la motion qu'elle a deposee lors de la
seance du 16 juillet 2012 n'apparaissait pas dans le proces- verbal. Elle demande donc
que ledit document soit revise.
Proposition de la mairesse suppleante Rinehart
Appuyee par la conseillere McAlary
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 16 juillet 2012 soit transmis a la greffiere communale pour
qu'elle puisse le modifier.
A ('issue du vote, la proposition est adoptee.
3. Adoption de I'ordre du jour
Proposition de la mairesse suppleante Rinehart
Appuyee par le conseiller Merrithew
RESOLU que I'ordre du jour de la presente reunion
soit adopte, moyennant I'ajout du point 13.2, Comite plenier : Dotation du Service de la
conservation du patrimoine.
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
A I'issue du vote, la proposition est adoptee.
4. Divulgations de conflits d'interets
Le maire et la conseillere Fullerton declarent titre en conflit d'interets avec le point 12.6
Programme de subventions au patrimoine de 2012.
5. Questions soumises a I'approbation du conseil
5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -199: Date proposee pour la tenue d'audiences publiques concernant le 317,
chemin City Line et le 80, chemin Kierstead, le conseil communal fixe la date des
audiences publiques relativement aux demandes de rezonage deposee par Serge Ethier
(317, chemin City Line) et par Sunstar Ltd. (80, chemin City Line) au lundi
10 septembre 2012 a 19 h, dans la salle du conseil, et que les demandes soient
soumises au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et de
recommandations.
5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule
Entente relative a I'adoption precoce du logiciel de service a la clientele avec Sungard
Public Sector Inc. :
1. la Ville conclue une entente relative a I'adoption precoce du logiciel, laquelle doit
essentiellement respecter les conditions enoncees dans la Iettre adressee au conseil,
avec Sungard Public Sector Inc. aux fins d'essais et d'obtention des droits pour
('utilisation d'un logiciel de gestion des relations avec la clientele (GRC);
2. le maire et la greffiere soient autorises a signer ladite entente.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que la recommandation formulee pour
chacune des questions soumises a I'approbation du conseil soit adoptee.
A I'issue du vote, la proposition est adoptee.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
8. Delegations et presentations
8.1 Uptown Saint John Inc. — Presentation relative aux promenades
ecologiques
Faisant reference a une presentation anterieure, Anne McShane et Jeff Roach,
representants du comite Green Feet d'Uptown Saint John, mettent le conseil a jour sur
un projet qui vise a construire une piste cyclable /voie de transport actif de 5,3 km, soit
de I'hopital regional de Saint John au passage du port.
T. O'Reilly, gestionnaire des services pietonniers et des services de circulation, se
presente devant le conseil et repond aux questions sur le projet relatif a la voie de
transport actif.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que I'article 10.7 de I'arrete procedural du
conseil soit suspendu pour permettre au conseil d'etudier une motion relativement aux
questions presentees.
A I'issue du vote, la proposition est adoptee.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Merrithew
RESOLU que la presentation du comite Green Feet
d'Uptown Saint John portant sur la voie de transport actif soit transmise au directeur
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
general aux fins d'etablissement d'un rapport et que cette question soit soumise aux
deliberations budgetaires de 2013.
A Tissue du vote, la proposition est adoptee.
9. Audiences publiques a 19 h
(Le conseiller Farren quitte la seance.)
10. Etude des arretes municipaux
10.1a) Troisieme lecture du projet de modification de I'Arrete de zonage visant
les 1450 -1600, chemin Sandy Point
10.1b) Conditions imposees par I'article 39
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que 1'arrete intitule «Arrete no C.P. 110-
200 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie
approximative de 8,9 hectares, portant le NID 55117071 et inscrite en partie sous les
NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la
classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales
et bifamiliales a RS -2 » a zone de maisons en rangee « TH » et a zone d'immeubles-
tours a logements multiples « RM -2 » , fasse l'objet d'une lecture.
A Tissue du vote, la proposition est adoptee.
L'arrete intitule « Arrete no C. P. 110 -200 modifiant I'Arrete de zonage de The City of
Saint John » est lu integralement.
L'avocat municipal signale que la condition « f » du document relatif aux conditions
imposees par ('article 39 renvoie a la deforestation, et it ajoute que seule la coupe a
blanc est interdite par les conditions imposees par ('article 39.
La conseillere McAlary propose, appuyee par la mairesse suppleante, que la question
soit transmise au directeur general pour qu'il modifie la formulation de la condition « f »
figurant a I'article 39. La motion est par la suite retiree par la proposeuse et I'appuyeuse.
En reponse a une demande voulant que I'on fournisse au conseil une nouvelle
formulation pour la condition « f » de I'article 39, le directeur general propose 1'enonce
suivant : « Toute partie du site doit titre amenagee, et toute preparation du site ne doit
avoir lieu, conformement aux plans de situation correspondants y compris... », et it fait
remarquer que cette formulation pourrait remplacer les deux premieres lignes de la
condition « f », et que le reste du texte pourrait rester en 1'etat.
(Le conseiller Farren se joint de nouveau a la seance.)
Proposition du conseiller Farren
Appuyee par la conseillere Fullerton
RESOLU qu'en vertu des dispositions de I'article 39
de la Loi sur l'urbanisme, I'amenagement propose de la parcelle de terrain situee aux
1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant
le NID 55117071 et inscrite en partie sous les NID 00050823, 55153332, 55151609,
55145551 et 55145544, soit assujetti a une entente detaillee comprenant notamment les
conditions suivantes :
a. Avant que le site ne soit amenage, le promoteur doit mener une analyse de la
stabilite de la pente pour s'assurer que le projet d'amenagement peut avoir lieu
sur le terrain, sous reserve de I'approbation de l'inspecteur en chef des batiments
ou de son representant;
b. avant que le site ne soit amenage, le promoteur doit proceder a une analyse sur
les incidences de la circulation pour definir toutes les ameliorations qui doivent
titre apportees au chemin Sandy Point, ainsi qu'a ('intersection du
chemin Sandy Point et des rues futures ou des points d'acces qui relient le site
propose aux fins d'amenagement a une rue publique, et ce, dans le but de
faciliter 1'execution du projet d'amenagement dans son integralite. L'analyse doit
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
tenir compte de la pente et des donnees topographiques et sera assujettie a
I'approbation de I'ingenieur municipal en chef ou de son representant;
c. I'amenagement du site doit titre conforme a une analyse technique du reseau
d'aqueduc et d'egouts permettant de determiner ('incidence de cet amenagement
sur ('infrastructure existante, ainsi qu'un plan detaille des services d'ingenierie
soumis a I'approbation de I'ingenieur municipal en chef ou de son representant,
avant I'approbation de tout permis de construction;
d. I'amenagement du site doit titre conforme a un plan de drainage detaille, prepare
par le promoteur et sujet a I'approbation de l'ingenieur municipal en chef ou son
representant, avant qu'un permis de construction ne soit delivre. Ce rapport doit
permettre egalement de determiner ('incidence que cet amenagement aura sur
('infrastructure existante du reseau d'aqueduc et d'egouts et de veiller a ce que
cette proposition ne depasse pas la capacite actuelle du systeme d'egouts
pluviaux existant;
e. le promoteur doit prevoir toutes les installations d'utilite publique souterraines, y
compris les services d'electricite et de telephone, depuis les lignes aeriennes
existantes, conformement aux exigences stipulees par I'Arrete de lotissement de
The City of Saint John, et I'agrandissement ou la modernisation des
infrastructures hors site requis pour desservir I'amenagement devra titre effectue
aux frais du promoteur;
toute partie du site doit titre amenagee, et toute preparation du site doit avoir
lieu, conformement aux plans detailles correspondants, y compris, sans toutefois
s'y limiter, un plan de situation, des plans d'elevation, un plan paysager et un
plan de nivellement, lesquels doivent titre prepares par le promoteur du projet
d'amenagement, assujettis a I'approbation du conseil communal et integres dans
une entente d'amenagement, en tant que modification legislative apportee a ces
conditions;
g. I'amenagement de la zone de maisons en rangee « TH » et de la zone
d'immeubles -tours a logements multiples o RM -2 » doit avoir lieu dans les cinq
ans qui suivent la date a laquelle le rezonage entre en vigueur. Si ce West pas le
cas, aucun autre projet d'amenagement de la zone de maisons en rangee « TH »
et de la zone d'immeubles -tours a logements multiples « RM -2 » sur le site ne
sera permis et le conseil devra prendre les mesures qui s'imposent pour abroger
1'entente de rezonage et le rezonage lui -meme en vertu des paragraphes 39(5) et
39(6) de la Loi sur 1'urbanisme. En outre, le terrain devra retrouver sa designation
de zonage precedente;
conformement au paragraphe 39(8) de la Loi sur l'urbanisme, le requerant doit
fournir un cheque certifie d'un montant de mille dollars (1 000 $) pour couvrir les
depenses liees a I'annulation de 1'entente conditionnelle sur le rezonage ou a
I'abrogation du rezonage dans le cas ou les conditions associees au rezonage ne
peuvent pas titre respectees, comme le prevoit le principe 1 -5 du plan municipal.
Le montant du cheque certifie sera rembourse si le projet d'amenagement pour
lequel le rezonage est accorde est presque acheve.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller Farren
Appuyee par le conseiller Snook
RESOLU que 1'arrete intitule «Arrete n° C.P. 110-
200 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie
approximative de 8,9 hectares, portant le NID 55117071 et inscrite en partie sous les
NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la
classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales
IN
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COMMON COUNCIL /CONSEIL COMMUNAL
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et bifamiliales « RS -2 » a zone de maisons en rangee « TH » et a zone d'immeubles-
tours a logements multiples « RM -2 », fasse ('objet d'une troisieme lecture, que ledit
arrete soit edicte et que le sceau communal y soit appose.
A Tissue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -200 modifiant I'Arrete
de zonage de The City of Saint John ».
10.2 Troisieme lecture de la modification de I'Arrete relatif au stationnement sur
la rue King Est
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que 1'arrete intitule « Arrete modifiant
I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'article
16 et I'annexe H -1, visant I'alternance du stationnement sur la rue King Est, fasse l'objet
d'une lecture.
A Tissue du vote, la proposition est adoptee.
L'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City
of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et
modifications afferentes » est lu integralement.
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que 1'arrete intitule « Arrete modifiant
I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'article
16 et I'annexe H -1, visant I'alternance du stationnement sur la rue King Est, fasse ('objet
d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit
appose.
A Tissue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la
circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les
vehicules a moteur (1973) et modifications afferentes ».
11. Interventions des membres du conseil
11.1 Presentation de Centraide (maire Norton)
Proposition de la conseillere McAlary
Appuyee par le conseiller Farren
RESOLU que la lettre du maire Norton intitulee
Presentation de Centraide soit transmise a la greffiere pour qu'une date de presentation
soit fixee.
A Tissue du vote, la proposition est adoptee.
11.2 Etablissement du calendrier relatif aux reunions du conseil (mairesse
suppleante Rinehart)
La mairesse suppleante Rinehart propose, appuyee par la conseillere Reardon, que les
seances publiques ordinaires du conseil debutent systematiquement a 19 h.
Proposition de la conseillere McAlary
Appuyee par la conseillere Fullerton
RESOLU que le point 11.2 Etablissement du
calendrier relatif aux reunions du conseil soit reporte jusqu'a la prochaine seance du
conseil.
A ('issue du vote, la proposition est adoptee. Le conseiller MacKenzie
vote contre la proposition.
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11.3 Recommandation d'examen par le comite (mairesse suppleante Rinehart)
Proposition de la mairesse suppleante Rinehart
Appuyee par le conseiller Merrithew
RESOLU que, dans le cadre de 1'examen global
des organismes, conseils et commissions, le rapport definitif du comite inclue egalement
des recommandations quant a la suppression, au regroupement ou a la modification de
mandats en vue d'ameliorer 1'efficacite et 1'efficience de la structure des organismes,
conseils et commissions.
A Tissue du vote, la proposition est adoptee.
11.4 Magasin- boutique de la Societe des alcools (mairesse suppleante Rinehart)
Proposition de la mairesse suppleante Rinehart
Appuyee par le conseiller Farren
RESOLU que le conseil fasse parvenir une lettre de
soutien relativement a la soumission presentee par I'Association des hoteliers de Saint
John quant au projet de construction d'un magasin- boutique de la Societe des alcools
en centre- ville.
A Tissue du vote, la proposition est adoptee.
11.5 Verifications de casier judiciaire pour les candidats (conseillere Fullerton)
La greffiere communale indique que la Ville ne peut pas recueillir plus de
renseignements que ceux requis dans le cadre de la presentation d'une candidature
pour sieger au sein d'un comite.
Proposition de la conseillere Fullerton
Appuyee par le conseiller Farren
RESOLU que le point 11.5 Verifications de casier
judiciaire pour les candidats soit transmis a la greffiere communale et a I'avocat
municipal.
A Tissue du vote, la proposition est adoptee.
11.6 Cartographie (maire Norton)
Proposition de la mairesse suppleante Rinehart
Appuyee par la conseillere McAlary
RESOLU que le point 11.6 Cartographie soit
soumis aux fins de discussion.
A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote
contre la proposition.
Proposition de la conseillere McAlary
Appuyee par le conseiller MacKenzie
RESOLU que, nonobstant la politique
d'approvisionnement de la Ville, le conseil conclue une entente avec monsieur Howatt
pour la mise en ceuvre, avant la fin du mois d'octobre 2012, d'un processus de
cartographie pour la Ville de Saint John moyennant une enveloppe budgetaire ne
depassant pas 20 000 $, depenses imprevues en sus.
Le conseiller Farren declare qu'il nest pas d'accord avec ('allocation de fonds
supplementaires aux etudes.
La conseillere Fullerton declare qu'elle n'appuiera la proposition que si le conseil annule
les autres etudes qui ont recemment ete approuvees.
A ('issue du vote, la proposition est acceptee. Le conseiller Farren et la
conseillere Fullerton votent contre la proposition.
11.7 Voies reservees aux camions sur le chemin Manawagonish ( mairesse
suppleante Shelley Rinehart)
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COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que le point 11.7 Voies reservees aux
camions sur le chemin Manawagonish soit soumis aux fins de discussion.
A ('issue du vote, la proposition est adoptee.
Proposition de la mairesse suppleante Rinehart
Appuyee par la conseillere McAlary
RESOLU que, pour des raisons de securite, le
directeur general enqubte sur la designation historique et actuelle du
chemin Manawagonish en tant que vole reservee aux camions.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller MacKenzie
Appuyee par le conseiller Farren
RESOLU que le directeur general soit charge
d'examiner les voies reservees aux camions a Saint John et de faire des
recommandations en vue d'ameliorer la securite publique.
A ('issue du vote, la proposition est adoptee.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur general : Modification proposee au plan d'amenagement de la
place Market Ouest
Proposition de la mairesse suppleante Rinehart
Appuyee par le conseiller Farren
RESOLU que le point 12.1 Modification proposee
au plan d'amenagement de la place Market Ouest soit soumis aux fins de discussion.
A ('issue du vote, la proposition est adoptee.
M. Hugenholtz, directeur des operations, se presente devant le conseil et repond aux
questions sur le rapport soumis.
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -189 : Modification proposee au plan
d'amenagement de la place Market Ouest, le conseil communal autorise qu'une
modification soit apportee au plan d'amenagement de la place Market Ouest de 2010 en
vue d'integrer, a la conception, une fontaine a jets douchants au lieu d'une patinoire
exterieure.
A ('issue du vote, la proposition est adoptee.
12.2a) Directeur general : Capacite du Service d'incendie a gerer les batiments
delabres et abandonnes en vertu des dispositions de la Loi sur la prevention des
incendies
12.2b) Avocat municipal : 15timents vacants et abandonnes et la Loi sur la
prevention des incendies
Faisant reference a un rapport depose anterieurement, le chef du service d'incendie se
presente devant le conseil et repond aux questions.
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que le rapport intitule M/C 2012-
201 : Capacite du Service d'incendie a gerer les batiments delabres et abandonnes en
vertu des dispositions de la Loi sur la prevention des incendies soit accepte a titre
informatif.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
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Proposition du conseiller Snook
Appuyee par le conseiller Farren
RESOLU que I'avocat municipal soit charge de
rediger un arrete provisoire en matiere de prevention des incendies, lequel doit inclure
les couts lies a ('application et les droits pour le recouvrement des couts.
A ('issue du vote, la proposition est adoptee.
12.3 Avocat municipal : Arrete propose concernant I'entreposage de residus
non securitaires sur les proprietes
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le rapport soumis intitule Arrete
propose concernant 1'entreposage de residus non securitaires sur les proprietes, soit
accepte a titre informatif; et que I'avocat municipal soit charge de presenter un arrete
provisoire concernant 1'entreposage de residus non securitaires sur les proprietes d'ici la
fin de novembre 2012.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le point suivant soit ajoute a I'ordre
du jour du conseil : Points pouvant faire ('objet de mesures /Liste des motions
(conseiller Farren).
A ('issue du vote, la proposition est adoptee.
Points pouvant faire ('objet de mesures /Liste des motions (conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Snook
RESOLU que le directeur general soit charge de
concevoir un plan pour la mise en oeuvre des resolutions en suspens du conseil qui
apparaissent dans le document intitule Points pouvant faire ('objet de mesures /Liste des
motions.
A ('issue du vote, la proposition est adoptee.
12.4a) Directeur general : Modification de I'Arrete de Saint John reglementant les
taxis — M/C 2012 -202
12.4b) Avocat municipal : Projet de modification de I'Arrete de Saint John
reglementant les taxis (premiere et deuxieme lectures ci- jointes)
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que 1'arrete intitule « Arrete modifiant
I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et
exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de
taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe
23(4), fasse ('objet d'une premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete numero M -12 —
Arrete portant reglementation des activites des proprietaires et exploitants de voitures-
taxis et de l'octroi de permis aux proprietaires et exploitants de taxis dans The City of
Saint John ».
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que I'arrete intitule « Arrete modifiant
I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et
exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de
42
97-
COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe
23(4), fasse I'objet d'une deuxieme lecture.
A Tissue du vote, la proposition est adoptee.
Deuxibme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete numero M -12 —
Arrete portant reglementation des activites des proprietaires et exploitants de voitures-
taxis et de l'octroi de permis aux proprietaires et exploitants de taxis dans The City of
Saint John ».
12.5 Directeur general : Ajout de terre vegetale et de graines de graminees aux
lots vacants apres que la Ville a procede a la demolition d'un batiment juge
dangereux
Proposition du conseiller MacKenzie
Appuyee par le conseiller Merrithew
RESOLU que le rapport intitule M/C 2012-
203 : Ajout de terre vegetale et de graines de graminees aux lots vacants apres que la
Ville a procede a la demolition d'un batiment juge dangereux, soit accepte a titre
informatif et que le directeur general soit charge d'examiner d'autres methodes
permettant de fournir de la terre vegetale aux lots vacants.
A Tissue du vote, la proposition est adoptee.
(Le maire quitte la reunion et la mairesse suppleante assume la presidence a sa place.)
(La conseillbre Fullerton et le conseiller Farren quittent la reunion.)
12.6 Directeur general : Programme de subventions au patrimoine de 2012
Proposition de la conseillbre Reardon
Appuyee par le conseiller Norton
RESOLU que le rapport intitule M/C 2012-
204 : Programme de subventions au patrimoine de 2012 soit transmis au directeur
general pour qu'il examine la possibilite d'allouer des fonds budgetaires au programme
de subventions au patrimoine pour conserver I'integrite des b5timents patrimoniaux.
A Tissue du vote, la proposition est adoptee.
(Le maire revient et assume la presidence.)
(Le conseiller Farren et la conseillere Fullerton reintbgrent la seance.)
12.7 Commissaire aux finances : Financement des immobilisations
Monsieur le Maire donne lecture de I'avis de motion suivant : « Par les presentes, je
vous avise, qu'au cours d'une seance du conseil communal, tenue a la suite de
1'expiration d'un delai de 30 jours a compter de ce jour, je presenterai ou ferai presenter
la resolution suivante :
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
IL EST RESOLU que, compte tenu de la necessite,
dans I'interet public, de proceder a 1'execution de travaux municipaux et d'apporter
certaines ameliorations municipales relativement aux elements enumeres ci- dessous
The City of Saint John
Emission d'obligations non garanties proposees
Date d'emission : le 12 septembre 2012 ou ulterieurement
Objet de 1'emission :
Fonds d'administration
Services de protection 500 000 $
Services de transport 6 500 000 $
Developpement economique 3 000 000 $
Pares et loisirs 1 500 000 $
11 500 000 $
43
97-
COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
Services d'aqueduc et d'egouts
Reseau d'aqueduc 1 000 000 $
Reseau d'egouts 7 500 000 $ 8 500 000 $
Commission des transports de Saint John
4 500 000 $
Total 24 500 000 $
IL EST RESOLU que des debentures soient emises conformement aux dispositions de
la Loi 52 de I'Assemblee, Victoria, chapitre 27, article 29, ainsi que les modifications
afferentes, pour la somme de 24 500 000 $.
A Tissue du vote, la proposition est adoptee.
12.8 Directeur general : Cadre strategique — Strategie visant a faire participer le
public
J. Hamilton, commissaire aux services strategiques, se presente devant le conseil et
repond aux questions.
Proposition de la conseillbre McAlary
Appuyee par la mairesse suppleante Rinehart
RESOLU que la reunion se prolonge au -dela de
22 h, conformement aux dispositions de 1'arrete procedural.
A Tissue du vote, la proposition est adoptee.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule Cadre strategique — Strategie visant a faire
participer /e public, le conseil communal appuie la strategie proposee relative a
I'interessement du public afin de soutenir la prise de decisions eclairees dans le cadre
du processus relatif au budget fonde sur les services pour 2013, y compris
1'etablissement des priorites du Conseil et 1'examen des services de base.
A ('issue du vote, la proposition est acceptee. La conseillbre Fullerton et
les conseillers MacKenzie et Merrithew votent contre la proposition.
12.9 Directeur general : Cadre strategique — Sondage mene aupres des citoyens
Proposition du conseiller Farren
Appuyee par la conseillbre McAlary
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule Cadre strategique — Sondage mene aupres des
citoyens, la Ville retienne les services d'lpsos Reid pour mener le sondage de 2012
auprbs des citoyens, moyennant la somme de 40 000 $, TVH en sus, et ce, dans le but
de soutenir les efforts deployes pour mesurer le rendement et solliciter l'avis des
citoyens sur le processus relatif au budget fonde sur les services pour 2013.
A ('issue du vote, la proposition est acceptee. La conseillbre Fullerton et
les conseillers MacKenzie et Merrithew votent contre la proposition.
Proposition du conseiller Norton
Appuyee par le conseiller Farren
RESOLU que le directeur general soit charge de
fournir aux membres du conseil les moyens de participer a 1'e1aboration des questions
du sondage mene auprbs des citoyens.
A ('issue du vote, la proposition est adoptee.
..
97-
COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
12.10 Directeur general : Plan relatif au couloir du mile d'or
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -200: Plan relatif au couloir du mile
d'or, le conseil communal :
1. accepte a titre informatif le rapport d'information sur le plan relatif au couloir du mile
d'or, lequel servira de guide lors de la prochaine seance de mobilisation du public;
2. fixe la date d'une journee portes ouvertes pour le public dans le cadre du lancement
du plan relatif au couloir du mile d'or au 6 septembre 2012, de 17 h a 19 h, a la Legion
royale canadienne, situee au 714, rue Wilson.
A I'issue du vote, la proposition est adoptee.
12.11 Greffiere communale : Descriptions de postes pour les agents de niveau
superieur
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que le rapport intitule Descriptions de
postes pour les agents de niveau superieur soit accepte a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.12 Directeur general — Contrat n° 2012 -23 : Rues Frederick et Seaton —
Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et
travaux de refection
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que le point 12.12 Contrat no 2012-
23 : Rues Frederick et Seaton — Installation de la conduite d'eau principale et des egouts
sanitaires et pluviaux et travaux de refection soit soumis aux fins de discussion.
A I'issue du vote, la proposition est adoptee.
Proposition de la conseillere McAlary
Appuyee par la conseillere Fullerton
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -209 : Contrat no 2012-23: Rues
Frederick et Seaton — Installation de la conduite d'eau principale et des egouts sanitaires
et pluviaux et travaux de refection:-
1. le contrat no 2012 -23 : Rues Frederick et Seaton — Installation de la conduite d'eau
principale et des egouts sanitaires et pluviaux et travaux de refection, soit accorde au
soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de
1 129 406,75 $, etabli a partir de quantites estimatives et, que le maire et la greffiere
communale soient autorises a signer les documents contractuels necessaires;
2. le conseil approuve ('utilisation des 300 000 $ de financement supplementaire du
fonds de la taxe sur 1'essence provenant du projet relatif a ('installation d'egouts
sanitaires sur la rue Alward pour le projet de reconstruction des rues Frederick et
Seaton.
A I'issue du vote, la proposition est adoptee.
12.13 Directeur general : Rue Somerset (de I'avenue Wellesley a la
promenade Samuel Davis) — Installation des egouts pluviaux et travaux de
refection de la rue
Proposition de la mairesse suppleante Rinehart
Appuyee par la conseillere McAlary
45
97-
COMMON COUNCIL /CONSEIL COMMUNAL
AUGUST 13, 2012/LE 13 AOUT 2012
RESOLU que le point 12.13 Rue Somerset (de
I'avenue Wellesley a la promenade Samuel Davis) — Installation des 6gouts
pluviaux et travaux de refection de la rue soit soumis aux fins de discussion.
A I'issue du vote, la proposition est adopt6e.
Proposition de la conseillere McAlary
Appuy6e par le conseiller MacKenzie
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitul6 M/C 2012 -207: Rue Somerset (de
1'avenue Wellesley a la promenade Samuel Davis) — Installation des egouts pluviaux et
travaux de refection de la rue, le conseil approuve pr6alablement un financement
suppl6mentaire a hauteur de 1 800 000 $ dans le cadre du programme d'immobilisations
du fonds d'administration pour 2013 pour 1'ex6cution des travaux de reconstruction de la
rue Somerset, entre I'avenue Wellesley et la promenade Samuel Davis, tels qu'ils sont
d6crits dans le pr6sent rapport.
A I'issue du vote, la proposition est adopt6e.
13. Rapports deposes par les comites
13.1 Decouvrez Saint John — Revision de la structure de I'industrie du tourisme
au Nouveau - Brunswick
Proposition du conseiller Snook
Appuy6e par le conseiller Norton
RESOLU que le rapport de D6couvrez Saint John
intitul6 R6vision de la structure de l'industrie du tourisme au Nouveau - Brunswick soit
accept6 a titre informatif.
A I'issue du vote, la proposition est adopt6e.
13.2 Comite plenier : Dotation du Service de la conservation du patrimoine
Proposition de la conseillere McAlary
Appuy6e par le conseiller Merrithew
RESOLU que, nonobstant le gel des embauches
impos6 par le conseil communal, le directeur general soit charge d'entamer
imm6diatement le processus de recrutement pour 1'embauche d'un analyste en
conservation du patrimoine.
A I'issue du vote, la proposition est accept6e. Les conseillers Farren et
Merrithew et la conseillere Fullerton votent contre la proposition.
Proposition de la mairesse suppl6ante Rinehart
Appuy6e par la conseillere McAlary
RESOLU que le proces- verbal de la s6ance du
conseil communal tenue le 16 juillet 2012 soit approuv6.
A I'issue du vote, la proposition est adopt6e.
16. Levee de la seance
Le maire d6clare que la s6ance est levee a 22 h 40.
maire
greffiere communale
.,
l
97-
COMMON COUNCILICONSEIL COMMUNAL
AUGUST 20, 2012/LE 20 AOUT 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — AUGUST 20TH, 2012 - 5:00 P.M.
Present:
Mel Norton, Mayor
Councillors Fullerton, MacKenzie, McAlary, Merrithew, Norton,
Reardon, Snook and Strowbridge
-and -
P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham,
Comptroller; K. Clifford, Fire Chief; E. Gormley, Common Clerk
and J. Beltrandi Chown, Administrative Assistant.
1. Call To Order
Mayor Norton called the meeting to order.
On motion of Councillor Mackenzie
Seconded by Councillor McAlary
RESOLVED that item 1.2 from the Supplemental Agenda entitled
Scheduling of Priority Setting Sessions, be lifted from the table.
Question being taken, the motion was carried.
1.2 Scheduling of Priority Setting Session
On motion of Councillor McAlary
Seconded by Councillor Mackenzie
RESOLVED that Council approve the following dates for Council
meetings: Wednesday, August 29t", 2012 at 5:00 pm; Saturday, September 29th, 2012 at
8:30 a.m. and Saturday, October 13th, 2012 8:30 a.m. all to be held at the Rockwood
Park Interpretation Center.
Question being taken, the motion was carried.
1.1 Orientation Session on Public Sector Governance
Referring to a submitted presentation, Daryl Wilson, FCA, former Auditor General for
the Province of New Brunswick and former Commissioner of Finance for The City of
Saint John, provided an orientation session to Common Council on public sector
governance.
Mr. Wilson informed Council that he had been involved in conducting governance audits
of crown corporations such as the Regional Health Authorities and NB Power and that it
was an interest he has maintained in retirement as a consultant. He said one of the
things he learned was that board members he interviewed did not have a clear
understanding of their role as a board member. Mr. Wilson indicated that the role of
board members is similar to the role of Council members in that it is focused on policies,
procedure and strategy and not operations.
(Councillor Reardon entered the meeting)
Mr. Wilson explained that the strategic part of the strategic plan is to understand that not
everything that Council wishes can be accomplished. He said it requires focusing on
primary goals and objectives, determining service levels desired, and receiving good
information in a regular and timely fashion to make good decisions. He added that once
the strategic plan and goals are determined by Council it is the City Manager's job to
figure out how to accomplish those goals. He added that the strategies for meeting the
targets should not be confined by budget considerations and should include strategies
for advocacy, community involvement and partnerships.
Speaking about agencies, boards and commissions Mr. Wilson indicated that board
members should have position descriptions, skill set requirements, measurable
expectations and regular and timely performance reviews to improve the discipline and
performance of the boards and that ideally there would be a healthy rotation of board
members.
47
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COMMON COUNCILICONSEIL COMMUNAL
JULY 23, 20121LE 23 JUILLET 2012
Regarding ethics and decision making Mr. Wilson said that councillors must be open -
minded and free to express their views. He warned against making commitments to a
particular view when talking to citizens as this hindered their ability to change their mind
at the Council table when faced with a better idea. He advised that individual councillors
do not have the power to dictate policies and that only decisions made by resolution
around the table are valid adding that sometimes a decision does not have unanimous
approval by council but once a decision is made Council should resist revisiting the
issue.
Responding to a question Mr. Wilson said that judgment has to be used in determining
how often each committee should report to Council. He added that boards and
commissions are useful to Council for conducting preliminary work on various issues
which aids Council's decisions but are not management related. He advised that any
change to the system in place for boards and commissions should be based on what
priorities and goals Council is trying to achieve.
Mr. Wilson added that there is only so much that the City Manager and staff can do while
also focusing on council's priorities. He cautioned against referring items to the City
Manager out of habit and suggested that they focus on obtaining good information in a
timely fashion and then making decisions.
The Mayor declared the meeting adjourned at 7:10 p.m.
Mayor
Common Clerk
EN
97-
COMMON COUNCILICONSEIL COMMUNAL
AUGUST 20, 20121LE 20 AOUT 2012
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 20 AOOT 2012 A 17 H
Sont presents :
Mel Norton, maire
les conseillers MacKenzie, Merrithew, Norton, Snook,
Strowbridge et les conseilleres Fullerton, McAlary et Reardon
-et-
P. Woods, directeur general; J. Nugent, avocat municipal;
C. Graham, controleuse; K. Clifford, chef du service d'incendie;
ainsi que E. Gormley, greffiere communale et J. Beltrandi Chown,
adjointe administrative.
Ouverture de la seance
La seance est ouverte par le maire Norton.
Proposition du conseiller MacKenzie
Appuyee par la conseillere McAlary
RESOLU que le point 1.2 issu de I'ordre du jour supplementaire et intitule
Calendrier des seances visant 1'etablissement de priorites soit soumis aux fins de
discussion.
A I'issue du vote, la proposition est adoptee.
1.2 Calendrier des seances visant 1'etablissement de priorites
Proposition de la conseillere McAlary
Appuyee par le conseiller MacKenzie
RESOLU que le conseil approuve les dates suivantes pour la tenue des
reunions du conseil communal : le mercredi 29 aout 2012 A 17 h; le
samedi 29 septembre 2012 A 8 h; et le samedi 13 octobre 2012 A 8 h 30. On decide en
outre que ces reunions auront toutes lieu au Centre d'interpretation du parc Rockwood.
A Tissue du vote, is proposition est adoptee.
1.1 Seance d'orientation sur la gouvernance dans Ile secteur public
Faisant reference A une presentation anterieure, Daryl Wilson, Fellow de l'Ordre des
comptables agrees (FCA), ancien verificateur general de la province du Nouveau -
Brunswick et ancien commissaire aux finances pour The City of Saint John, offre une
seance d'orientation portant sur la gouvernance clans le secteur public aux membres du
conseil communal.
M. Wilson informe le conseil qu'il a participe a is conduite de verifications en matiere de
gouvernance aupres de societe d'Etat telles que les regies regionales de la sante et
Energie NB et qu'il a, une fois a la retraite, conserve un interet dans ce domaine A titre
d'expert- conseil. II declare avoir appris, entre autres, que les membres du conseil
d'administration qu'il a interroges n'avaient pas une vision tres claire du role qui leur etait
devolu. M. Wilson indique que le role d'un membre du conseil d'administration est
similaire a celui des membres du conseil communal, A savoir que ('accent est mis sur les
politiques, les procedures et les strategies, et non pas sur les activites de
fonctionnement.
(La conseillere Reardon se joint a la reunion.)
M. Wilson explique que la notion cle du plan strategique consiste a realiser que le
conseil ne peut pas realiser tout ce qu'il souhaite. II precise qu'il faut alors se concentrer
sur les objectifs principaux, definir les niveaux de service souhaites et recevoir,
regulierement et en temps opportun, des renseignements pertinents pour pouvoir
prendre les bonnes decisions_ II ajoute qu'une fois que le conseil a defini le plan
strategique et les objectifs, lest au directeur general que revient la tache de determiner
comment remplir ces objectifs. II precise, en outre, que les strategies permettant de
realiser ces objectifs ne devraient pas titre limitees par des considerations d'ordre
..
97-
COMMON COUNCILICONSEIL COMMUNAL
JULY 23, 20121LE 23 JUILLET 2012
budgetaire et qu'elles devraient inclure celles qui visent a encourager la defense des
droits, la participation de la collectivite et les partenariats.
En ce qui concerne les membres siegeant au sein des agences, des conseils
d'administration et des commissions, M. Wilson indique qu'il devrait y avoir des
descriptions de postes, des exigences relativement aux competences requises, des
attentes mesurables, des evaluations du rendement menees regulierement et en temps
opportun en vue d'ameliorer la discipline et le rendement des conseils d'administration.
En outre, it ajoute que ('ideal serait une rotation saine des membres au sein des conseils
d'administration.
En ce qui concerne 1'ethique et la prise de decisions, M. Wilson declare que les
conseillers doivent faire preuve d'ouverture d'esprit et qu'ils devraient titre libres
d'exprimer leurs opinions. II met en garde les membres du conseil contre la demarche
qui consiste a prendre des engagements dans le cadre d'une prise de position lorsqu'ils
s'adressent aux citoyens, car cela entrave leur capacite a changer d'idee lorsqu'ils se
retrouvent autour de la table du conseil et qu'une meilleure idee leur est presentee. II
precise que les conseillers, seuls, n'ont pas I'autorite necessaire pour dicter des
politiques et que seules les decisions prises au moyen dune resolution, autour de la
table, sont valides. II ajoute egalement que parfois, une decision ne fait pas ('objet d'un
accord unanime de la part du conseil, mais qu'une fois qu'une decision est prise, ce
dernier ne devrait pas tenter de revenir dessus.
En reponse a une question, M. Wilson declare qu'il faut exercer son jugement pour
determiner la frequence a laquelle les comites doivent presenter des rapports au
conseil. II ajoute que grace aux conseils d'administration et aux commissions, le conseil
peut mener des travaux preliminaires dans divers projets et prendre des decisions, sauf
dans le domaine de la gestion. II signale que tout changement relativement au systeme
mis en place pour les conseils d'administration et les commissions devrait tenir compte
des priorites et des objectifs fixes par le conseil.
M_ Wilson ajoute qu'en se concentrant sur les priorites du conseil, la marge de
manoeuvre du directeur general et des membres du personnel est restreinte. II met en
garde contre la demarche habituelle qui consiste a transmettre des points au directeur
general et suggere que I'accent soit mis sur la collecte, en temps opportun, de
renseignements utiles et ensuite sur la prise de decisions.
Le maire declare que la seance est levee a 19 h 10.
maire
greffiere communale
50
idgeville -North End Lions Inc.
Millidgeville North End Lions Club
c/o Neil Banks
950 Millidge Ave.,
Saint John, New Brunswick
2012 -08 -15
City of Saint John
15 Market Square
PO Box 1971
Saint John, New Brunswick
ER 4L1
His Worship, Mayor Norton and Members of City Council,
P.O. Box 2143 M.P.O.
Saint John N.B.
E2L 3T5
We, the Millidgeville North End Lions Club, are writing to request consideration of
our association as concessionaire of the Charles Gorman Canteen in the 2012 - 2013
hockey season. We are a well - established club that successfully organized and
handled the Shamrock Park Canteen for several years.
Lions Clubs worldwide consistently seek out projects in order to raise money for
those less fortunate. As noted in the attached document, our small organization has
fundraised for both local and international causes. Thus, we see the Charles Gorman
Arena, as a potential fundraiser for our many worthy causes.
We ask that you favour our club as the concessionaire at the Gorman Arena during
the 2012 - 2013 season. A response ep . 012 would be appreciated.
Sincerely,
Neil Banks
Treasurer, Millidgeville North End Lions Club
51
idgeville -North End Lions Inc.
P.O. Box 2143 M.P.O.
Saint John N.B.
E2L 3T5
Sample of Donations by
Millidgeville North End Lions Club
Cherry Brook Zoo
- Harbour Passage
hl c vo
i
- St. Luke's Loaves and Fishes Progra m
� 2 )
Portland United Chicken Soup Prog4 At riiw/1� /�
Harbourview High Annual Scholarships (2 - $1000)
Regional Hospital
St. Joseph's Hospital
Princess Elizabeth School
- Saint John Soccer
One Change
- Empty Stocking Fund
Saint John Hospice
Harbour Lights
Multiple Sclerosis Association
Alzheimer's Society
- Autism Society
Canadian Cancer Society
Heart and Stroke Foundation
Canadian Red Cross
Canadian Paraplegic Association
Navy League
- IWK - Ronald McDonald House
Charlotte County Flood Victims (2010)
Haiti Relief (2010)
China Earthquake (2008)
... and many more
52
Stephane Mann
440 Champlain St
Saint John,NB
E2M 1 R9
506- 609 -6118
Smann200160otmail.com
August 23,2012
To Saint John Common Council,
I am contacting you concerning a request to allocate a spot to set up a street food
concession trailer or food truck. The first location I would like you to consider would be
on the corner of Prince William Street and King Street, beside the information centre.
The alternative location I would like you to consider would be on Water Street in
proximity to the passage to Prince William Street.I understand that there is no license in
existence for this at the present time,but there has been in the pastYrn hoping someone in
your office can assist me with the steps required to receive licensing approval.Any help
you could provide would be greatly appreciated.I firmly believe there is a demand for
such a business Uptown and would be a nice addition to Saint John.
Sincerely,
Stephane Mann
53
REPORT TO COMMON COUNCIL
M & C — 2012 -228
September 4, 2012
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Request for Proposals 2012- 092201P —
Drinking Water Program — Advisory Services
BACKGROUND:
I"
In April 2011, the City of Saint John submitted an application to PPP Canada for
funding for the proposed Safe Clean Drinking Water Program. The application
was for components of the program carrying an estimated cost of $172,000,000.
The application was "screened in" for further consideration by PPP Canada. The
application was deemed to have merit as a P3 project, subject to further
requirements to meet full qualification.
Appended to this report is a synopsis of timelines and requirements established by
PPP Canada in order to advance the application.
The purpose of this report is to recommend to Council the engagement of a
P3 specialist to assist the City in preparing the necessary investigation and
documentation to advance the City's application.
ANALYSIS:
An RFP to engage a consultant to provide advisory services for the "Drinking
Water Program" was issued on April 24, 2012 to management consulting firms
pre - qualified by PPP Canada. The RFP closed on May 17, 2012 with five firms
responding by submitting proposals as follows:
➢ KPMG
➢ PricewaterhouseCoopers (PWC)
➢ Deloitte
➢ Ernst & Young
➢ Grant Thornton
55
Page 2
ANALYSIS CONT'D:
Proposals were to address the provision of advisory services for the Drinking
Water Program in three (3) separate phases:
Phase 1 - Business Case and Value for Money (VFM) Study
Phase 2 - Commencement of the Procurement Process
Phase 3 - Negations and Financial Close
Phases 2 and 3 are contingent on the outcome of the Business Case and VFM and
further approval from Council.
Staff members from Saint John Water, Engineering, Finance, Materials
Management and the City Solicitor's office formed the bases of the Proposal
Evaluation Committee.
This group was tasked with the role of reviewing each submission against the
proposal evaluation criteria as defined in the proposal call document. These
criteria consist of the following;
➢ Quality and Completeness of Submission,
➢ Understanding and Project Appreciation,
➢ Consultant Roles and Qualifications,
➢ Availability of Key Personnel,
➢ Methodology /Approach to the work
➢ Value Added / Innovative Approach, and
➢ Cost
Also in accordance with the City's standard procedures, the committee members
individually evaluated and ranked each proposal based on the proposals' technical
merits. Following this, the committee met as a group to discuss the proposals and
to review the scores and resulting rankings.
Upon completion of this step, the committee opted to exercise its right to short list
the bids and invited three (3) proponents (KPMG, PricewaterhouseCoopers and
Deloitte) to meet with the group to provide an oral presentation of their bid and to
address specific questions.
At the conclusion of this extensive evaluation process, the committee
unanimously recommended the proposal submitted PricewaterhouseCoopers.
While their bid not only scored the highest technically, as it clearly demonstrated
how PricewaterhouseCoopers are in the best position to meet the City of Saint
John's requirements, their financial proposal which was opened only after the
technical evaluations were completed, represents the lowest cost solution to the
City of Saint John.
56
Page 3
FINANCIAL CONSIDERATIONS:
The cost to the City of Saint John for advisory services for the Business Case and
VFM study with PWC if awarded as recommended will be $80,000.00 plus HST
and disbursements where necessary for travel and accommodation.
The approved 2012 Water & Sewerage Utility Fundy Capital Program — Safe,
Clean Drinking water category includes the amount of $4,564,135 to be used for
related items as such as the Business Case, Also known as the P3 Business Case
and Value for Money Study.
Also, for Council's inform, PPP Canada have indicated that they would consider
cost sharing this business case analysis up to 50 %.
RECOMMENDATION:
It is recommended that the proposal for advisory services to complete the
Business Case and Value for Money Study for the Drinking Water Program as
submitted by PricewaterhouseCoopers at a cost of $80,000.00 plus tax and
disbursements be accepted, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Respectfully submitted,
Cindy Calvin, CPPB
Acting Manager of Materials Management
Greg Yeomans
Commissioner of Finance
and Administrative Services
57
The following is a summary /synopsis of where the City is with respect to the P3
process for safe, clean drinking water.
April 2011
Application made to PPP Canada for P3 funding. Cost of the project at
that time estimated at $172,000,000.00. Note: this amount did not include
`operating' of the systems.
Application deemed complete by PPP Canada and have successfully
passed the first of three screening milestones.
April 2012
City of Saint John applied for phase four screening of the P3 process. PPP
Canada are currently reviewing the application for:
1) Due diligence around readiness
2) Commitment to resourcing
3) Status of Business Case Analysis
April 2012
City of Saint John requested proposal for Business Case Analysis
Proponents have been shortlisted
Recommendation to Council for successful proponent Sept. 2012
Late Sept. 2012
Decision will be made on screening P3 process subject to
1) Satisfactory discussion between Mayor Norton and PPP CEO John
McBride
2) Resolution of Council confirming commitment to process
October 2012
Joint kickoff meeting PPP Canada, City of Saint John, and business case
consultants. Purpose of the meeting to confirm requirements of Business
Case Analysis.
End of December 2012
Decision by PPP Canada to continue to consider City of Saint John's
application.
FA 2011
Business Case Analysis completed.
Business Case must show value for money for P3 model to satisfy City of
Saint John and P3 Canada that the P3 model is the best approach. The
City and PPP Canada must identify which or all of the P3 elements
(design, build, operate, maintain, and finance) will be pursued.
March — April 2013
City begins P3 process:
1) Expression interest will be issued
2) RFP subsequent
3) Select preferred proponents
4) Preparation and negotiations
End of June 2013
City of Saint John must demonstrate evidence that funding is in place.
This includes City contribution and any other revenue sources, especially
the Province of NB. As a part of this, the City must be satisfied that the
affordability analysis demonstrates ratepayers' capacity.
End of June 2013
PPP Canada to indicate participation. Note: P3 money is last in.
Above are the target dates the City and PPP Canada have set for the project.
There is some flexibility however, PPP decision points only occur every three
months. If decisions are unable to be made in time for scheduled PPP Canada
board meetings, a 3 -month delay may be experienced.
Two issues of paramount importance:
1) Council's unequivocal commitment to the process
2) Council's evidence that funding is in place (or will be). This is to be
confirmed no later than June 2013.
Council has the sole discretion and unilateral authority to walk away from the
process at any time.
59
REPORT TO COMMON COUNCIL
M & C — 2012 -227
5 September 2012
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Installation of Medium Voltage Motor Control Centre —
Musquash Water Pumping Station
BACKGROUND:
y r
As Common Council is already aware, equipment at the Musquash Water Pumping
Station was severely damaged by an electrical fault and associated electrical fire on
August 1, 2011.
The Musquash Pumping Station is a critical component of the West Industrial Water
System which pumps water from Musquash to Spruce Lake. The majority of this
water volume is consumed by Irving Pulp & Paper and the NB Power Generating
Station at Coleson Cove.
On October 24, 2011, in M &C 2011 -273, Common Council approved a
recommendation to:
111. Give early approval to the Musquash Pumping Station repair project as
outlined in this report in the amount of $450, 000 (as included in the proposed 2012 Water
and Sewerage Utility Fund Capital Program) and authorize staff to proceed with the
tendering process for repairs "
The replacement of the Medium Voltage Motor Control Centre and associated
breaker is pursuant to that resolution.
An RFP, to solicit proposals from the marketplace for suitable equipment, was
issued in December 2011, resulting in the acquisition of the Medium Voltage
Motor Control Centre and breaker equipment. It was understood at that time that
a subsequent tender would be issued to engage a contractor for the installation
phase of this equipment.
ANALYSIS:
A tender was called on August 10, 2012 and closed on August 29, 2012, with the
following results:
.c
M & C — 2012 -227
PAGE 2
ANALYSIS .... CONT'D:
Contractor
Total Bid
Fire Alarm
Net Bid
Price
Breakout
Earl Holland Contracting
$147,389.00
$41,000.00
$106,389.00
(Noonan, NB
Gardner Electric Ltd.
Saint John, NB
$148,236.00
$16,600.00
$131,636.00
G.J. Cahill
Saint John, NB
$267,000.00
$43,111.00
$223,889.00
The Engineer's estimate for the work was $75,000 + HST.
Tender specifications requested a breakout price for the Fire Alarm System to allow for
this item to be excluded from the project and subsequent tender award if the budget was
not sufficient. After reviewing the tenders submitted, it was apparent that the budget did
not allow for the purchase of the Fire Alarm System and therefore, this component will not
be awarded.
The tenders were reviewed by staffs of Materials Management and Saint John Water
and staff believes that the low tenderer has the necessary resources and expertise to
perform the work, and recommend acceptance of their tender.
FINANCIAL CONSIDERATIONS:
The total cost to the City of Saint John for the installation phase of this project if
awarded as recommended will be $106,389.00 + HST.
The funds for this expenditure have been pre - approved from the 2012 Saint John
Water and Sewerage Utility Fund Capital Program by resolution of Council on
October 24, 2011 in M &C 2011 -273.
RECOMMENDATION:
It is recommended that tender no. 2012 - 082301 T for the installation of the
Medium Voltage Motor Control Centre equipment at the Musquash Pumping
Station be awarded to the low bidder, Earl Holland Contracting, at the tax -
excluded tendered price of $106,389.00.
Respectfully submitted,
,/ /16z�
Cindy Calvin
Acting Manager - Materials Management
61
Gregory Yeomans
Commissioner of Finance
and Administrative Services
REPORT TO COMMON COUNCIL
M & C — 2012 -223
4 September 2012
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT: 2012 Fleet Services Rothesay Avenue Vehicle Hoist
BACKGROUND:
The main vehicle hoist in the Fleet Garage at Rothesay Avenue did not meet the
New Brunswick Health and Safety Act requirements to successfully pass the
annual inspection. The inspection was performed by Techino Engineering
Incorporated who provided two recommendations to remedy this immediate
requirement:
1) Rebuild and renew the existing hoist or
2) Purchase a new replacement hoist.
ANALYSIS:
Present Value
Jardine Auctioneer Services was requested to provide a present value of the hoist.
Given this is a 1993 Mohawk (50,000 lb. capacity) hoist Fleet Services do not
have a record of the original purchase price and therefore have estimated the cost
was approximately $50,000 including installation. This information as well as
current photos of the hoist were provided to Jardine's and as a result they advised
the present value of the hoist is in the range of $4,500 - $6,500.
Rebuild and Renewal
Fleet Services staff made arrangements with MJS Holdings of Eastern Passage, to
provide a "rebuild and renewal" hoist estimate. The ramps are the most crucial
and costly component and are estimated to be a minimum of $10,000 to $11,000
each. However, MJS advised Fleet staff this price did not include the additional
expenses that could be expected once the process began which is a common
occurrence with this type of extensive repair. It is anticipated this repair could
reach $40,000 - $50,000. In addition to incur the expense to "rebuild and renew"
the hoist would not guarantee added life to the hoist given it the warranty for this
process would only a limited time warranty of no more than 12 months. Based on
the age of the hoist and its current value this in staffs view is not a realistic or
financially viable alternative.
62
PAGE TWO
Replacement
The acquisition of a new hoist with the same 50,000 pound capacity will likely
cost approximately $60,000. Replacing the current hoist would provide a state of
the art hoist for up to 20 years with full warranty at a cost marginally higher than
the "rebuild and renew" option. The replacement specification has been prepared
and finalized and will provide a new stationary ramp hoist. In preparation for this
potential acquisition, Facilities Management secured the services of a third party
to inspect the garage floor and reported the garage floor will meet the necessary
requirements to support and accommodate a new hoist.
FINANCIAL IMPLICATIONS:
As previously indicated the cost to purchase a new hoist with the same 50,000
pound capacity will be approximately $60,000 plus HST. Given that this is an
unexpected replacement purchase, the asset value will exceed $5,000 and, life
expectancy is expected beyond 5 years this acquisition is categorized as a capital
expenditure and the funds would have to be identified accordingly.
RECOMMENDATION:
It is recommended;
that the City of Saint John proceed with the acquisition process by issuing
a Request for Proposal (RFP) for the supply and install of a new 50,000
pound automotive hoist for the Rothesay Avenue Fleet Services vehicle
maintenance facility.
Respectfully submitted,
Robert Russell
Manager of Fleet Services
Patrick Woods, CGA
City Manager
63
REPORT TO COMMON COUNCIL
M &C- 2012 -231
September 4, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Public Hearing Date
416 Sandy Point Road
BACKGROUND:
elf 0
City of Saint John
As provided in Common Council's resolution of August 3, 2004, this report indicates
the rezoning and Section 39 amendment applications received and recommends an
appropriate public hearing date.
Details of the applications are available in the Common Clerk's office and will form
part of the documentation presented at the public hearings.
The following application has been received.
Name of Location Existing Proposed Reason
Applicant Zone Zone
Patricia M. Hay 416 Sandy Point Road "RM -1" "IL -l" To permit a
group care
facility for a
maximum of 10
adults within the
existing building
RECOMMENDATION:
That Common Council schedule the public hearing for the rezoning application of
Patricia M. Hay (416 Sandy Point Road) for Tuesday, October 9, 2012 at 7:00 p.m. in
the Council Chamber, and refer the application to the Planning Advisory Committee
for a report and recommendation.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
J. Patrick Woods, CGA
City Manager
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du Service
de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L1
CHRISTOPHER WALDSCHUTZ
Chairman/ President
MARY - EILEEN O'BRIEN
Vice Chairman/Vice President
JONATHAN FRANKLIN
Secretary /Secretaire
TIMOTHY CHRISTIE
Commissioner /Commissaire
KAREN KEILLOR
Commissioner /Commissaire
MEL NORTON
Commissioner /Commissaire
WILLIAM G. REID
Chief of Police/Chef de Police
JACKIE FERRAR
Executive Administrator/
Secretaire Administrative
Telephone /Telephone:
(506) 674 -4142
Fax /Telecopieur:
(506) 648 -3304
E- mail /Courriel:
policecommission (a,saintiohn. ca
��
SAINT JOHN
Explore our past/
Explorez notre passe
Discover your future/
Decouvrez votre avenir
31 August, 2012
Mayor Mel Norton and Common Councillors,
The Saint John Board of Police Commissioners has been appointed to
govern the Saint John Police Force. The Board creates a balance between
the exercise of the special powers of Police Officers, and accountability
to the community they serve.
The Board is committed to a policy governance model. Our governance
model mandates the Police Board — on behalf of the community — to
ensure that the Police Force achieves what it should and avoids what is
unacceptable. In that vein, we are committed to fiscal prudence and
leadership, a leadership that involves many partnerships towards
excellence in public safety.
We are requesting to present to Council in an effort to describe our
collective efforts — the good news stories that are outcomes of Council's
investment.
We are also concerned that over the past few months a number of
editorials have appeared in the local media which compared the cost of
the Saint John Police Force with the RCMP service in Moncton.
Because the numbers quoted in the editorials contained a major
calculation error which showed policing costs in Saint John to be more
than $4 million higher than those in Moncton, we think it is important
that Council should have the opportunity to gain a fuller understanding
of what the true comparative costs of the two police forces are for cities
of roughly the same population size.
We wish to irrefutably demonstrate that the Saint John Police Force is
both effective and efficient.
Thank you for your consideration.
Yours sincerely,
Chairman, Saint John Board of Police Commissioners
65
REPORT TO COMMON COUNCIL
September 5, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Smythe Street Rehabilitation and Expansion Joint Project
R i1'
City of Saint John
The attached letter from Saint John Development Corporation is self - explanatory.
As a result, it would be appropriate for Common Council to adopt the following
resolution.
RECOMMENDATION:
It is recommended that Common Council approve the Part A Tender from
Alternative Concrete Technologies Limited in the amount of $219,221.
Respectfully submitted,
J. Patrick Woods, C.G.A.
ity Manager
..
SAINTJOHN DEVELOPMENTCORPORATION
P.O. Box 7200, Saint John, New Brunswick E2L 4S6 Tel: 506 - 649 -6066 Fax: 506 -649 -6068
Mr. Patrick Woods September 4, 2012
City Manager
City of Saint John
15 Market Square
C.P. 1971
Saint John, New Brunswick
E21- 41-1
RE: Smythe Street Rehabilitation & Expansion Joint Project
Dear Mr. Woods;
This project is about eliminating the water leakage into the Market Square underground
parking garage.
The Saint John Development Corporation (SJDC) manages and operates the parking
garage as part of the overall Market Square Complex Lease agreement. Annual
maintenance and upkeep are managed through the Corporation as well as necessary
capital expenditures to ensure this City owned asset remains structurally sound and in
good repair (this includes the seawall monitoring and maintenance).
Currently, there are several leaks requiring attention and the Corporation secured the
services of a structural engineer and a certified engineering technician. Both individuals
identified trouble areas resulting in a detailed drawing showing the affected sections and
remedial action required.
A tender document was prepared (Part A &B) and advertised according to City
procurement procedures. The tender closed on Wednesday, August 29, 2012. Two
bidders submitted tenders - $640,710 and $404,505.
The structural engineer and engineering technician reviewed the tenders and the
accompanying letter of recommendation (attached) indicates the successful tender was
also the lowest bid.
s
67
Part A of this tender includes the replacement of the expansion joints on Smythe Street.
Part B deals with the repairs to sidewalk, curb and some asphalt areas on Smythe
Street. Part A will be addressed in 2012 and Part B, pending Council approval, will
commence in 2013. Bidders submitted prices of $219,221 and $427,140 for Part A.
Common Council has previously approved this capital expenditure for this project at
$275,000. The allotted funding of $275,000 is sufficient for Part A to proceed in 2012.
The Part A portion of the project is the most critical as the majority of leakage occurs in
and around the expansion joints. As well, expansion joints have a life span of 7 -10
years and the current expansion joints are 7.5 and 12 years old. In addition, leakage
has affected some underground piping and most of these repairs have been addressed
earlier this year.
Therefore, SJDC is recommending the approval of the Part A tender from the Saint
John company, Alternative Concrete Technologies Ltd. (lowest tender) of $219,221.
Regards;
Ker(t Maclnt`yre
General Manager
.:
August 29, 2012
Mr. Kent Maclntyre
General Manager
Saint john Development Corporation
One Market Square, Suite 301
Saint john, New Brunswick, E2L 4Z6
Dear Mr. Maclntyre;
We have been retained by Saint john Development Corporation (SJDC) as
technical expertise as it relates to the Smythe Street Rehabilitation and
Expansion joint Project. This included tender preparation, contractor site
visit /orientation and assessment of tender submissions /contractor bids and a
final tender recommendation.
This project consisted of two parts (Part "A" and Part "B "). Part A dealt directly
with the expansion joints and Part B included leakage issues related to the
sidewalk rehabilitation.
The tender, as per SJDC instructions, included specific parameters of the
project, detailed drawing, 3 -week advertising period and an open- tender
process. The tender closing was August 29, 2012 at 3:OOpm.
Only two contractors submitted bids with the following results;
� Contractor #1 (Alternative Concrete Tech. Ltd = $404,505 (Parts A & B)
➢ Contractor #2 (FCS Flooring & Concrete Solutions= $640,710 (Parts A & B)
We have reviewed each bid in detail and collectively agree that both
submissions meet all the requirements with the following key points
• Expansion joint products are similar and meet specifications
• Timelines for installation are similar
• Experience and quality staff are similar
• Sub - contracted work is identical
• References - all favorable
• Bid Bond, deposit and insurance meet the tender requirements
It was explained to all the contractors who received tender documents and it
was included in the tender documents that this project may be phased (Part A &
B) over two fiscal years, and is subject to Common Council final approval.
W
.•
Page 2
August 29, 2012
Based on our technical and financial review of the bids and the knowledge
gathered relating to the two prospective bidders we are prepared to
recommend that the bid of $404,505 (lowest tender) submitted by Alternative
Concrete Technologies Limited be accepted as the successful proponent for the
Smythe Street Rehabilitation and Expansion joint Project.
Regards,
1_ A �_
----------------------- - - - - -- - - - - - -- -��=- -
Sid Lodhi, P. Eng. Ron Hewey, C.E.T.
70
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wEOCAnON & DETAILS PLAN
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71
Saint John
Waterfront
_Development
Smythe Street �idewalk Replaccmisrit and Expansion
.point Rehabilitation
Contract Specif-kaations
CONTRACT NO.
SJWD 2012 -02
72
TABLE OF CONTENTS
Division Title paste
1 Project Description ........................................................... ..............................3
3 Particular Specifications ..................................................... ..............................4
2 Instruction to Tenderers and Tendering Procedures .......... ..............................7
4 Form of Tender ................................................................ .............................20
Appendices:
6 Drawing A -1 (Section 3 — Particular Specifications)
7 Addenda Issued
2
73
PROJECT DESCRIPTION
1.1 GENERAL DESCRIPTION
The work generally consists of the supply of all necessary labour, materials, equipment etc, as
required for the replacement of a portion expansion joints and sidewalks on Smythe Street to
prevent water infiltration into the underground Market Square Parking Garage.
1.2 CONTRACT DOCUMENTS
a) Contract Specifications,
Contract No.: SJWD 2012 -02
Contract: Saint John Waterfront Development - Smythe Street Sidewalk
Replacement and Expansion Joint Rehabilitation
Saint John, New Brunswick
1 Market Square, Suite 301
C) List of Drawings
A-1: Smythe Street Rehabilitation — Location Plan and Details
1.3 PROJECT REPRESENTATIVES
All inquiries pertaining to the work specified in this Contract shall be referred to:
Ron Hewey, Saint John, NB, Telephone No. (506) 638 -0093
Sid Lodhi , P.Eng, Saint John, Telephone No. (506) 640 -2081
3
74
PARTICULAR SPECIFICATIONS
This division shall be read in conjunction with and take precedence where they may prove at variance
with the City of Saint John, General Specifications, Municipal Operations & Engineering.
FART "A"
3.1 Replacement of Expansion Joint Seals and Planter Waterproofing
Contractor to remove and replace approximately 900 feet of Expansion Joint Seals (50mm design total
movement) on Smythe Street as per specifications and as located and detailed on Drawing A-1 (shown
in Red). Additional related work will include the waterproofing of the inside of concrete planters located
in front of the Harbourside Apartment Complex. All products as specified or approved equals,
installations as per manufacturer's instructions.
.1) Joint Seals: Jeene Multi - Directional Structural Sealing Joint System as manufactured by
Watson Bowman Acme Corp. (BASF).
a) The expansion joint system shall be a complete system designed to withstand structural
movement and harsh environmental conditions. The system consists of a preformed neoprene profile,
installed using the same dimensions as the joint gap at mid -range temperature, bonded with a two -
component epoxy adhesive, and pressurized during the adhesive cure time. It shall be installed by
WBA Approved Installers and shall designed for application on the specified type of surface indicated
on the project drawings.
b) The adhesive shall be a two- component, thixotropic, epoxy -based adhesive, mixed at the job
site. Pressurization to be during installation and curing time of adhesive to assure complete bonding
throughout gap /profile surfaces. Air pressure can be released at any time after 24 hours of installation.
c) The environment should be free of dust, oil, grease, wax, moisture, and frost. The gap wall
surfaces must be thoroughly cleaned. All foreign materials must be totally removed from the gap. The
heads must first be cleaned out by disc grinding or sandblasting and then vacuumed or blown with dry,
oil free, compressed air before the two component epoxy adhesive is mixed and applied. All surfaces
must be completely dry prior to applying adhesive.
d) Expansion joint system is to be installed in strict accordance with the manufacturer's
instructions by Watson Bowman Acme Approved Installers or under the supervision of Watson
Bowman Acme Technicians. Non durable and unsound concrete at the joint gap edge must be
removed and the concrete must be totally repaired per the joint manufacturer. All cracks shall be
repaired.
e) Loose, contaminated, weak, spalled and/ or delaminated concrete must be removed to sound
concrete and repaired. Steel surfaces must be abrasive blasted to SP -10 near white, immediately prior
to installations. Prior to placement joint opening to be blown clean using compressed air at 90psi or
greater.
4
75
Particular Specifications (cont'd)
f) Contractor to install protective rust resistant covers on curb surfaces, edge beveled and
recessed anchored on one side.
g) Contractor to repair spalled and/ or delaminated asphalt on either side of expansion joints
within street areas, Asphalt to be even saw cut, all areas cleaned and appropriate primer/ binder
installed prior to placement of Type "D" asphalt. Existing Rosphalt 50 waterproof barrier under asphalt
is not to be disturbed, repair any existing damaged areas.
.2) Planter Waterproofing Product: Bakor 790 -11 Hot Applied Rubberized Asphalt
Waterproofing
a) Areas to include all horizontal surfaces and extend one foot up all vertical surfaces.
b) Remove existing waterproof membrane inside planter areas. All surfaces to be clean and dry,
free from water, dust, dirt, oil, grease or other foreign matter detrimental to the adhesion of the hot
rubberized asphalt.
c) Apply Bakor 930 -18 or 910 -01 Primer prior to applying waterproofing.
d) Waterproofing to be applied at an average thickness of 4.5mm and a minimum thickness of
3mm using rubber squeegees.
e) Apply Blueskin seal at horizontal - vertical intersections.
0 Both horizontal and vertical areas are to be protected with Bakor 990 -31 Protection Board or
an asphaltic protection board.
g) Existing plants, shrubs and soil are to be removed and replaced by others by others.
PART "B"
3.1.3 Sidewalk Replacement
Contractor to remove existing concrete/ brick paver sidewalk on the west side of Smythe Street,
extending from the Harbourside Parking Garage entrance on Union Street to the Stamperete portion of
sidewalk in front of the Hilton Hotel, located as shown on Drawing A -1 (shown in Green).
a) Contractor to remove and dispose of all portions on concrete sidewalk and waterproofing
membrane within defined area. sawcutting of a limited number overlapping sections will be required.
Brick pavers to be carefully removed, all undamaged brick pavers are to be paletted and delivered to
61
76
Particular Specifications (cont'd)
City of Saint John East Works Depot on McAllister Drive or other designated City site within the same
radius.
b) Existing curbs are to remain, contractor to sandblast clean curbs extending from Harbourside
Garage entrance to Boardwalk, all damaged curb areas are to be repaired, existing damaged curb
control cuts are to have asphalt impregnated fibreboard or Deck -O -Foam Expansion Joint Filler
replaced. Curb repairs are to conform to City of Saint John General Specifications, Division 23.
c) All horizontal surfaces and vertical concrete planter/ foundations surfaces to height of new
concrete sidewalk are to be sandblasted clean. All surfaces to be clean and dry, free from water, dust,
dirt, oil, grease or other foreign matter detrimental to the adhesion of the hot rubberized asphalt.
d) Apply Bakor 930-18 or 910 -01 Primer prior to applying waterproofing. Bakor 790 -11 Hot
Applied Rubberized Asphalt Waterproofing applied at an average thickness of 4.5mm and a minimum
thickness of 3mm using rubber squeegees.
e) Apply Blueskin seal at horizontal - vertical intersections with concrete planter and foundations.
f) All horizontal surfaces and vertical areas of concrete planter and foundations are to be
protected with Bakor 990 -31 Protection Board or an asphaltic protection board_
g) Concrete sidewalk construction and finishing to conform to City of Saint John General
Specifications, Division 23.
3.1.4 Traffic Management
a) The Contractor will be responsible for traffic management throughout the project site for the
duration of the project. At least 2 (two) trained flag persons will be used at all times when construction
activities impinge on vehicular traffic. Existing parking areas are to be maintained, if at all possible
during construction activities in each particular area. Traffic signage to meet WATCM standards,
including covering those signs when not in use. Saint John Waterfront Development will coordinate any
Parking Commission issues during Construction with at least 48 hours notice given by the Contractor.
3.1.5 Access for Residents and Commerciai/Businesses
a) Access to residences and businesses within the designated construction site must be
maintained by the contractor for the duration of the project in a satisfactory and safe condition approved
by the Saint John Waterfront Development . Costs to maintain required accesses will be the
responsibility of the Contractor.
fi
77
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES
2.1.01 _ Permits Required for Proiect
Except as stated otherwise in the Tender Document, any and all permits and approvals
required by the Authorities having jurisdiction, and arrangements for all inspections of the Work by
these Authorities shall be obtained and paid for by the Contractor. The cost of such approvals, permits
and inspection shall be included in the Tender Price.
2.1.02 Deemed Examination and Acceptance
Tenderers should note that by submission of a Tender they will be deemed to have examined
and accepted the Specifications and Drawings, visited the site, and informed themselves as to existing
conditions and limitations.
2.1.03 Availability of Services
The Tenderer shall ascertain from the relevant Authorities the availability of services, including,
but not limited to, electricity, sewer, water, telephone, natural gas and transportation to the project and
shall ascertain what prior notice each Authority will require for the installation of the service to the project.
2.1.04 Taxes
Tenderers are advised to make special note of all applicable tax procedures. The SJWD is
required pay the Harmonized Sales Tax (HST)
The total tendered amount shall include the appropriate taxes on all labour, material and
equipment to be incorporated into the Work. Tenderers shall submit their Tenders on the basis that the
total amount of the Tender and shall include all taxes for which the SJWD is liable.
Any increase or decrease in costs to the Tenderer due to the changes in such taxes and duties,
after the date of the Tender Closing, shall increase or decrease the value of the Contract accordingly.
2.1.05 Performance Guarantees Required Prior to Contract Execution
Within five (5) Working Days following the SJWD's notice of selection, the selected Tenderer
shall provide the SJWD with the required Performance Guarantees, in the form of either:
a) A Performance Bond and a Labour and Material Payment Bond, each at fifty percent (50 %)
of the Tender Price covering the faithful performance of the full Contract. The bonds shall be in favour of
The Saint John Waterfront Development and show The SJIND as obligee; or
b) A certified cheque in the amount of twenty percent (20 %) of the Tender Price covering the
faithful performance of the full contract.
2.1.06 Insurance
Tenders should refer to Division 6 (section 6.7) for details regarding insurance requirements
7
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd
2.1.07 WorksafeNB Certificate and Business Corporations Act Certificate
a) New Brunswick Tenderers shall provide to the SJWD a WorkSafeNB certificate which
confirms proper registration and good standing with WorkSafeNB and a Business Corporations Act
Certificate which confirms proper registration and good standing with the Province of New Brunswick
Corporate Affairs within five (5) Working Days following the SJWD's notice of selection.
b) Out -of- province Tenderers shall provide to the SJWD a WorkSafeNB certificate which
confirms proper registration and good standing with WorkSafeNB or a letter or certificate issued under the
equivalent applicable legislation in the province of origin of the Tenderer confirming extension of coverage
from said legislation to the Province of New Brunswick for the term of the Contract. Subject to paragraph
c), out-of-province Tenderers shall also provide a Business Corporations Act Certificate which confirms
proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five
(5) Working Days following the SJWD's notice of selection.
c) Tenderers from Nova Scotia may submit the appropriate Business Corporations Act
Certificate from the Province of Nova Scotia,
2.1.09 Timetable for Completion of the Work
The Substantial Completion of the Work is Nov 2, 2012.
2.2 SCHEDULE FOR THE TENDER PROCESS
Issue Date of Request for Tender
August 9, 2012
On -Site Pre Tender Meeting
August 15, 2012, 2pm AST
Deadline for Enquiries
August 23, 2012
Deadline for Issuing Addenda
August 27, 2012
Tender Closing
August 29, 2012, 2 pm AST
The Schedule for the Tender Process is tentative only and may be changed by the SJWD in its sole
discretion at any time prior to Tender Closing.
8
79
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd}
2.3 TENDER DOCUMENTS
2.3.01 Tender Documents to be Obtained in Prescribed Manner
Tender Documents shall be obtained from Saint John Waterfront Development, 1 Market
Square, Suite 301, Saint John, New Brunswick, from the SJWD website or from the Construction
Association of NB. In order to obtain the Tender Documents the following requirements must be met:
a) the Tenderer must register on the SJWD's official list of bidders for this project, as follows:
(I) registration of the full legal name, contact person, telephone number, email
address and fax number of the Tenderer obtaining the Tender Documents, or, if
applicable,
(ii) the registration of the full legal name, contact person, telephone number, email
addresses and fax number 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 SJWD's official bidders list. Only Tenderers listed on the SJWD'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 those sites above and is not registered on the SJWD's official list of bidders for this
project in the manner set out above will not be evaluated.
The SJWD will not disclose its official list of bidders to Tenderers.
2.4 COMMUNICATIONS AFTER ISSUANCE OF TENDER
2.4.01 Tenderers to Review Tender Documents
Tenderers shall promptly examine all Tender Documents and:
a) shall report any errors, omissions or ambiguities; and
b) may direct enquiries or seek additional information in writing by email or fax before the
Deadline for Enquiries to the Authorized Enquiries Contact or the Designated Alternate Contact (in the
event of absence) as set out below, No such communications are to be directed to anyone other than
the Authorized Enquiries Contact or the Designated Alternate Contact.
Authorized Enquiries Contact: Ron Hewey, Project Representative, Fax: (506) 649 -6068
Email: ron.hewey @gmall.com
Designated Alternate Contact: Sid Lodhi, Project Manager, Fax: (506) 649 -6068
Email: sidiodhi@gmall.com
I7
:1
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd
It is the Tenderer's responsibility to seek clarification from the SJWD on any matter it considers
unclear. The SJWD shal not be responsible for any misunderstanding on the part of the Tenderer
concerning this Tender or its process.
The SJWD intends to confirm receipt of a Tenderer's communication by way of an email or
facsimile in reply. if a Tenderer has not received a reply, the Tenderer may wish to reseed its
communication as the lack of reply may have resulted from a technical problem. The SJWD is under
no obligation to respond to enquiries or provide additional information but may do so at its sole
discretion.
2.4.02 Fax and Email Communication
The following provisions shall apply to any communications with the Authorized Enquiry
Contact or the Designated Alternate Contact by fax or email where such fax or email communication or
delivery is permitted by the terms of this Tender:
a) The SJWD does not assume any risk or responsibility or liability whatsoever to any
Tenderer:
i) for ensuring that any fax transmission equipment or email system being operated
for the SJWD is in good working order, able to receive transmissions, or is not
engaged in receiving other transmissions such that a Tenderer's transmission cannot
be received;
(ii) if a permitted fax or email communication or delivery is not received by the SJWD,
or is received in less than its entirety, within any time limit specified by this Tender,
and
(iii) for any error that may occur in the submission of communications or enquiries.
b) All permitted communications submitted by a Tenderer by email or fax to the Authorized
Enquiries Contact or the Designated Alternate Contact shall be deemed to have
been received on the dates and times indicated on the Authorized Enquiry Contact's
or the Designated Alternate Contact's fax transmission equipment or email system.
2.4.03 Addenda: Responses to Enquiries and Amendments or Clarifications to Tender
Documents
The SJWD may, in its sole and absolute discretion, through the Authorized Enquiry Contact or
the Designated Alternate Contact, respond to enquiries and /or amend the Tender Documents
before Tender Closing.
Written Addenda are the only means of responding to enquiries or amending the Tender
10
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
Documents. Only the Authorized Enquiry Contact or the Designated Alternate Contact, and no
other employee or agent of the SJWD, is authorized to respond to enquiries and amend the
Tender Documents by issuing an Addendum.
Responses to enquiries, changes, clarifications or corrections prepared and circulated by the
SJWD form part of the Tender Documents and will be issued as Addenda. Responses will be
made in writing and distributed by fax and /or email to all Tenderers who are registered on the
SJWD's official bidders list in accordance with the procedure outlined in section 2.3.01 b)
above, as of the date the response is prepared by the SJWD. Each Addendum will contain a
signature page(s) which each Tenderer is required to sign and include with its Tender
submission. While the SJWD will make reasonable efforts to deliver each Addendum to all
Tenderers. it makes no guarantee of timely delivery of any Addendum to any Tenderer.
The SJWD will not identify the source of the question in the response. If a Tenderer requests
that an enquiry be treated as confidential, the SJWD, in its sole discretion, will either treat the
enquiry or any reply as confidential or inform the Tenderer that it will not respond to the
enquiry unless the Tenderer withdraws in writing its request that the enquiry be treated as
confidential.
Orally communicated information shall not be binding upon the SJWD. Information offered
from sources other than the Authorized Enquiry Contact or the Designated Alternate Contact
with regard to the content, intent or interpretation of this Tender is not official, may be
inaccurate and should not be relied on in any way, by any Tenderer, for any purpose
2.5 SUBMISSION OF TENDER
2.5.01 Location for the Submission of Tender
SJWD offices at 1 Market Square, Suite 301, Saint John, Ng, E21- 4Z6
11
.,
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont °d
2.5.02 Tenders Must be Submitted Only in the Prescribed Manner
a) Tenders must be submitted in the prescribed Form of Tender together with the prescribed
Schedule of Quantities and Unit Prices. The Form of Tender and the Schedule of
Quantities and Unit Prices shall be filled out in ink or typewritten and bear the
signature in longhand.
b) Tenderers must submit one completely filled out original Form of Tender signed by an
authorized representative and should include the following information written on
the outside of the sealed envelope:
(i) Tender No.;
(ii) Title of Work;
(iii) The full legal name and return address of the Tenderer; and
(iv) Tender Closing date and time.
c) Each Tender shall be accompanied by a Tender (Bid) Bond in the amount of ten percent
(10 %) of the Tender Price or or certified cheque in the amount of $25,000.
d) Each Tender must be sealed and be addressed to the attention of the Kent Macintyre,
General Manager,Suite 301, 1 Market Square, Saint John, New Brunswick, Eli_ 4Z6.
e) All Tenders shall include a surety consent letter or agreement to bond as per the
requirements in the Form of Tender.
2.5.04 Tenders Must be Delivered to SJWD Before Tender Closing
It is the responsibility of each Tenderer to ensure that its Tender is delivered to SJWD
before Tender Closing. Tenders submitted by fax or by any other electronic
transmission will not be considered.
Tenders submitted after Tender Closing will be deemed late, Disqualified and returned to the
Tenderer unopened. For the purpose of calculating time, the SJWD clock at their location shall
govern.
2.5.05 Amendin or-Withdrawing Tender Prior to Tender Closing
At any time prior to Tender Closing, a Tenderer may amend or withdraw a submitted Tender by
delivering an amending letter signed by the person who signed the Tender in a sealed envelope
to SJWD before the Tender Closing.
The amending letter should clearly specify that the Tenderer intends to withdraw its Tender or,
in the case of an amendment, clearly indicate the part of the Tender that the amending letter is
Intending to replace. In the case of a unit price contract, the amending letter shall show the
12
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd}
revision to the Tender Price. In the case of a lump sum contract, the amending letter shall state
the amount to be added or subtracted from the Tender Price.
The sealed envelope should clearly state the full legal name of the Tenderer, as well as the
Tender No., Title of Work, and Tender Closing date and time as stated in section 2.5.02 b).
Amending letters that are no delivered to SJWD in hard copy will not be considered.
2.5.06 Tenderers Shall Bear the Costs of Preparing and Submiffing a Tender
Under no circumstances will the SJWD be responsible for a Tenderer's costs of preparing or
submitting a Tender.
2.5.07 Tenders in English
All Tenders are to be in English only. Any Tenders that are not entirely in the English language
may be disqualified.
2.5.08 Tender Acceptance Period
Tenders submitted before Tender Closing shall remain open to acceptance in the form
submitted by the Tenderer for a period of sixty (60) calendar days after Tender Closing. Failure
of the Tenderer to keep the Tender open for sixty (60) calendar days will result in the
enforcement of the Tender (Bid) Bond or the cashing of the certified cheque submitted in lieu of
the Tender (Bid) Bond pursuant to section 2.5.02 c).
2.5.09 Tender Documents Incorporated Into Tender
By submission of a Tender, a Tenderer is deemed to have accepted and incorporated all the
instructions and terms and conditions contained in the Tender Documents into its Tender,
Submission of a Tender shall also confirm that the Tenderer is satisfied as to the correctness
and sufficiency of the Tender and the Tender Price.
2.6 AMENDMENT OR WITHDRAWAL OF TENDER POST TENDER CLOSING
2.6.01 No Amendment Post Tender Closing
No Tenderer is permitted to amend or withdraw its Tender after Tender Closing. A Tenderer
who discovers an error in his Tender after Tender Closing may leave the Tender as is or
request permission from Common Council to withdraw its Tender. A request to withdraw a
Tender after Tender Closing must be delivered, along with the reasons for the request, to the
General Manager of SJWD for consideration within twenty -four (24) hours of Tender Closing.
13
01
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd
2.8.02 Withdrawal Requests
SJWD, in its sole discretion, will decide whether or not to grant the withdrawal request based on
the information supplied by the Tenderer and a recommendation from SJWD staff. Where the
General Manager, in its sole discretion, decides to not allow the withdrawal, the General
Manager may require the Tenderer to perform the Contract or forfeit the Tender (Bid) Bond or
the certified cheque submitted in lieu thereof pursuant to section 2.5.02 c).
2.7 TENDER EVALUATION PROCESS
2.7.01 Delivery of Tender Box to Tender Openina Room
Immediately following Tender Closing, the Purchasing Agent shall deliver the Tender Box to
the tender opening room where it will be publicly opened by the Tender Opening Committee.
2.7.02 Tender Disclosure Process
All Tenders shall be opened, evaluated pursuant to Section 2.7.03 Tenders submitted by
Tenderers who are not registered on the SJWD's official bidders list according to the
procedure outlined in section 2.3.01 b) will not be evaluated. The Tender Selection
Committee will conduct the evaluation of the Tenders in two stages.
2.7.03 Stage 1: Evaluation of Mandatory Requirements
Stage 1 will consist of a review to determine which Tenders comply with all of the mandatory
requirements. Tenders which do not comply with all of the mandatory requirements set out
below, shall be Disqualified and not evaluated further.
Tenders shall be deemed as not complying with the mandatory requirements where:
a) The Tender is not in a sealed envelope which bears on its face the full legal name and
address of the Tenderer, the Tender number, Title of Work and Tender Closing date and time.
b) The Tender is illegible or its pricing terms or conditions cannot be understood by the
Tendering Selection Committee.
c) Where it is a Tender for more than one item and where it is required that all items be bid,
there is a failure to bid an item or it does not contain a total of all items to be bid.
d)The Tender does not contain the total tender price, the unit prices or the fixed price written
in words or does not have the words "dollars" and, where applicable, "cents" set out in the
written total tender price.
e) The Tender is not accompanied by the required Tender (Bid) Bond or certified cheque
pursuant to section 2.5.02 c).
14
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
f) 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 2.5.02 a)
g) The Tender does not include all required documents specified in the Form of Tender, does
not comply with the provisions of the Tender Documents, or does not include the signature
page(s) of all addenda issued to the Tenderers signed by the Tenderer.
h)The Form of Tender contains a change in price that is not initialed by the person signing the
Form of Tender.
i) The Tender contains an unsolicited alternative or a qualification to the terms of the Tender
Documents.
j) Where a Tenderer submits more than one Tender in response to the Request for Tender, all
such Tenders shall be Disqualified.
Tenders which are Disqualified by the Tender Selection Committee will be returned to the
Tenderer at the address contained in the Tender. Prices of Disqualified Tenders will not be
made public.
2.7.04 Stacie 2: Evaluation of Tender Price
Stage 2 will consist of a recording of the Tender Prices by the Tender Opening Committee,
2.7.05 Selection of the Successful Tenderer
At the conclusion of Stage 1 and Stage 2 of the evaluation process and, subject to the
approval of the reserved rights of the SJWD, the selected Tenderer will enter into the
Contract, as set out in the Tender Documents.
2.8 NOTICE OF SELECTION AND EXECUTION OF CONTRACT
2.8.01 Selection of Tenderer
Notice of selection by the SJWD to the selected Tenderer will be in writing. Within five (5)
Working Days following the notice of selection, the Tenderer shall provide to the SJWD:
a)those items listed at section 6.7.04 ( "Insurance Policies and Certificates");
b) an executed Form of Agreement (Division 5); and
c)the required Performance Guarantees pursuant to section 2.2.06
This provision is solely to the benefit of the SJWD and may be waived by the SJWD at its sole
discretion.
15
0
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
2.8.02 Over - Budget Bids
If the Tender Price of the lowest compliant Tender exceeds the SJWD's project budget or the
Engineer's estimate for the Protect, the SJWD may proceed with negotiations with the lowest
compliant Tenderer. Said negotiations shall be conducted within a prescribed timeframe to
identify changes in scope and /or quantities of work, in exchange for a corresponding bid price
reduction. Where the SJWD and lowest compliant Tenderer establish acceptable changes and a
corresponding bid price reduction, those changes shall be documented as post -bid addendum.
Any such negotiations or resulting recommendations shall be conditional and subject to the
approval of Common Council and, in accordance with the Limitation of Liability and Waiver set
out in section 2.11 below, there shall be no liability resulting from any failure to award a contract.
Where acceptable changes and a corresponding bid price reduction cannot be successfully
negotiated with the lowest compliant Tenderer, the SJWD may proceed with a new tender call at
a later date.
2.8.03 Failure to Enter Into the Contract
In addition to all of the SJWD's other remedies, such as the enforcement of the Tender (Bid)
Bond, if a selected Tenderer fails to execute the Contract, or satisfy any of the applicable
conditions set out above at section 2.8 01 within five (5) Working Days of the notice of selection,
the SJWD may, in its sole and absolute discretion and without incurring any liability rescind the
selection of the Tenderer and proceed with the selection of the next lowest compliant Tenderer.
2.9 CONFIDENTIAL INFORMATION AND MEDIA COMMUNICATIONS
2.9.01 Tenderer's Confidential Commercial Information
The SJWD is committed to an open and transparent Tendering Process while understanding
the Tenderers' need for protection of confidential commercial information. To assist the
SJWD in meeting this commitment, Tenderers will cooperate and extend all reasonable
accommodation to this endeavour.
2.9.02 Tenderer Not to Communicate With Media and Public
To ensure that all public information generated about the Work is fair and accurate, and will
not inadvertently or otherwise influence the outcome of the Tendering Process, all public
information generated in relation to the Work, including communications with the media and
the public, must be coordinated with, and is subject to the prior approval of, the SJWD.
Tenderers will notify the SJWD of requests for information or interviews from the media.
Tenderers will ensure that all of the Tenderers' Subcontractors and others associated with the
Tenderer comply with the foregoing requirements.
16
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
2.10 RESERVED RIGHTS
The SJWD reserves the right to:
a) Reject an unbalanced Tender. For the purpose of this section, an unbalanced tender is a
tender containing a unit price which deviates substantially from, or does not fairly represent
reasonable and proper compensation for the unit of work bid or one that contains prices which
appear to be so unbalanced as to adversely affect the interests of the SJWD. The SJWD
eserves the right to use tenders submitted in response to this Request for Tender or for other
like or similar work as a guideline in determining if a bid is unbalanced.
b) Amend or modify the scope of the Work, and /or cancel or suspend the Tender award, at
any time for any reason;
c) Require Tenderers to provide additional information after the Tender Closing to support or
clarify their Tender;
d) Not accept any or all Tenders;
e) Not accept a Tender from a Tenderer who is involved in litigation, arbitration or any other
similar proceeding against the SJWD;
f) Reject any or all Tenders without any obligation, compensation or reimbursement to any
Tenderer or any of its team members;
g) Withdraw this Request for Tender and cancel or suspend the Tendering Process;
h) Extend, from time to time, any date, any time period or deadline provided in this Tender
(including, without limitation, the Tender Closing), upon written notice to all Tenderers;
Assess and reject a Tender on the basis of:
(i) nformation provided by references;
(ii) The Tenderer's past performance on previous contracts;
(iii) The information provided by a Tenderer pursuant to the SJWD exercising its
clarification rights under this Tendering Process;
(iv) The Tenderer's experience with performing the type and scope of work
specified including the Tenderer's experience as a general contractor;
(v) other relevant information that arises during this Tendering Process;
(i) Waive formalities and accept Tenders which substantially comply with the requirements of
this Request for Tender;
(j)Verify with any Tenderer or with a third party any information set out in a Tender;
3.7
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
(k) Disqualify any Tenderer whose Tender contains misrepresentations or any other inaccurate or
misleading information;
(1) Disqualify any Tenderer who has engaged in conduct prohibited by the Tender Documents;
(m) Make changes, including substantial changes, to the Tender Documents provided that those
changes are issued by way of addenda in the manner set out in these Instructions to Tenderers;
(n) Select any Tenderer other than the Tenderer whose Tender reflects the lowest cost to the
SJWD;
(o) Cancel this Tendering Process at any stage;
(p) Cancel this Tendering Process at any stage and issue a new Request for Tender for the same
or similar deliverables;
(q) Accept any Tender in whole or in part; or
(r) Accept a Tender which contains the following errors:
W error in mathematics — whether this involves the extension of a unit price or an
error in addition, the mistake will be corrected and the correct total will be used
for evaluation purposes and will be binding on the Tenderer.
(ii) conflict between the written and numerical bid prices. In all cases, the total bid
price will be corrected to reflect the written bid price, whether lump sum or unit
price.
(iii) failure to include the contingency allowance in the total Tender Price. If the
contingency allowance was not included in the addition, the Tender Price shall be
corrected to reflect its inclusion.
and these reserved rights are in addition to any other express rights or any other rights which
may be implied in the circumstances and the SJWD shall not be liable for any expenses,
costs, losses or any direct or indirect damages incurred or suffered by any Tenderer or any
third party resulting from the SJWD exercising any of its express or implied rights under this
Request for Tender.
By submitting a Tender, the Tenderer authorizes the collection by the SJWD of the information
set out at paragraph 2.101) in the manner contemplated in that subparagraph.
2.11 LIMITATION OF LIABILITY AND WAIVER
Each Tenderer, by submitting a Tender, agrees that:
a) Neither the SJWD nor any of its employees, agents, advisors or representatives will be
liable, under any circumstances, for any Claim arising out of this Tendering Process
including but not limited to costs of preparation of the Tender, loss of profits, loss of
opportunity or for any other Claim; and
18
:•
2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd)
b) The Tenderer waives any Claim for any compensation of any kind whatsoever, including
Claims for cost of preparation of the Tender, loss of profit or loss of opportunity by
reason of the SJWD's decision to not accept the Tender submitted by the Tenderer, to
award a Contract to any other Tenderer or to cancel this Tendering Process, and the
Tenderer shall be deemed to have agreed to waive such right or Claim.
2.12 INVOICES
a) In light of the requirements of Section 169 of the Excise Tax Act, R.S.C. 1985,c. E -15,
and amendments thereto, the selected Tenderer shall provide to the SJWD properly
documented invoices with all requests for payments. This includes a government issued
business number and the amount of tax included on the invoice.
b) Failure to provide properly documented invoices may result in delays in processing
payments or outright rejection of the payment request.
19
a
4.0 FORM OF TENDER
4.1 TENDER IDENTIFICATION Tender No: SJWD 2012 -02
Title of Work. Saint John Waterfront Development Corporation — Smythe Street Sidewalk
Replacement and Expansion Joint Rehabilitation
4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT
TO THE SJWD OF SAINT JOHN, NEW BRUNSWICK:
The undersigned hereby agrees that failure to complete all required parts of the Form of Tender shall be
subject to the reserved rights of the SJWD and shall be grounds for rejection of the Tender in accordance
with Section 2.11
The undersigned Tenderer has carefully examined the site of the Work described herein, has become
familiar with local conditions and the character and extent of the Work, has carefully examined every part
of the proposed Contract, and thoroughly understands its stipulations, requirements and provisions and
has carefully examined all of the following documents, including the City of Saint John Contract and
General Specifications, which together comprise the Tender Documents:
1.Project Description (Division 1)
2.Instructions to Tenderers and Tendering Procedures (Division 2)
3.The Particular Specifications (Division 3)
4.The Form of Tender (Division 4)
5.The Form of Agreement (Division 5)
6.The Plans and Drawings
7.Addenda Issued
The undersigned Tenderer has determined the quality and quantity of materials required, has investigated
the location and determined the source of supply of materials required, has investigated labour
conditions, and has arranged for the continuous execution of the Work herein described.
The undersigned Tenderer hereby agrees to be bound by the award of the contract, and if awarded the
Contract, to sign the Form of Agreement (Division 5) within five (5) working days following the SJWD's
Notice of Selection.
In the event the SJWD accepts its Tender, the undersigned Tenderer hereby agrees to Substantially
Complete the Work no later than November 2, 2012.
The undersigned Tenderer agrees that he has received all Addenda and the Tender Price includes the
provisions set out in the Addenda.
0111
91
4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT cont'd
The undersigned Tenderer further agrees to provide all necessary permits, approvals, labour, material,
plant, equipment, tools, incidentals, products, water, light, heat, power, transportation, facilities, services
and other means of the specified requirements which are necessary to complete the work in accordance
with the contract and agrees to accept, therefore, in payment in full the total sums of
PART "A" $
PART "B" $
in Canadian Funds, which price includes HST (the `Tender Price ").
Evaluation of tender will based on the total sum of Part °A" and Part 'K Due to budgetary constraints
SJWD reserves the right to enter into an agreement with the successful bidder to perform Part "B" of the
tender in the spring of 2013.
By submitting a Tender, the Tenderer absolutely waives any right, cause of action or claim for any
compensation of any kind whatsoever as a result of participating in this Request for Tender Call or by
reason of the SJWD's failure to accept the Tender submitted by the Tenderer, and the Tenderer shall be
deemed to have agreed to waive such right, cause of action or claim
Place of Signing: Signed, sealed and delivered at
Date of Signing. This
Name and Tide
Legal Name of Tenderer.•
By
day of _ . in the year
Signature of Tenderer or Authorized Agent:
Signature of Witness:
Address of Tenderer.
21
',
PLACE
SEAL
HERE
4.3 BONDING AND INSURANCE COMMITMENTS
Failure of the Tenderer to complete Sections 4.3.01, 4.3.02 and 4.3.03 may be grounds for rejection of
the Tender.
4.3.01 Tender (Bid) Bond or Certified Cheque
A certified cheque or Tender (Bid) Bond accompanies this Tender, as indicated below:
(a) Certified Cheque
Provided is a certified cheque payable to The SJWD of in the amount of $25,000.00
Signature of Tenderer or Authorized Agent:
(b) Tender (Bid) Bond (10% of Total Bid Amounts)
Provided is a Tender (Bid) Bond payable to The SJWD in the amount of
The Tender (Bid) Bond has been negotiated for, procured from and the premium paid to
a New Brunswick resident agent of an insurance company licensed to do business in
New Brunswick.
Signature of Tenderer or Authorized Agent:
4.3.02 Performance Guarantees
Upon award of the Tender, one of the following acceptable forms of Performance
Guarantees will accompany the Contract, as indicated below:
(a) Performance Bond
The Performance Bond and the Labour and Material Payment Bond, each at fifty
percent (50 %) of the Tender Price covering the faithful performance of the full Contract,
will be negotiated for, procured from and the premium paid to an insurance company
licensed to do business in the Province of New Brunswick.
A surety consent letter or Agreement to Bond must accompany the Tender submission
Signature of Tenderer or Authorized Agent:
W
93
4.3.02 Performance Guarantees (Cont'd)
(b) Certified Cheque
In lieu of the performance bond and the labour and material payment bond, we shall
supply a certified cheque in the amount of twenty percent (20 %) of the Tender Price.
Signature of Tenderer or Authorized Agent:
4.3.03 Insurance
The undersigned Tenderer has reviewed the insurance requirements in the Contract.
The following provision for contract insurances will be utilized, as indicated below:
The insurance required in the contract will be negotiated far, procured from and the
premium paid to an insurance company licensed to do business in the Province of New
Brunswick.
Signature of Tenderer or Authorized Agent.,
4.4 STATEMENTS
A Tender which does not include completed statements at Sections 4.4.01 to 4.4.07 hereunder may be
Disqualified.
4.4.41 Reference Re ardin Tenderer's Financial Status
Name of Reference.
Address of Reference:
23
.,
4.4.02 Particulars of Tenderer's Recent Contracts
The Tenderer shall provide hereunder particulars of at least three (3) contracts which the Tenderer has
successfully carried to completion within the last three (3) years, or is now carrying to completion.
Tenderers shall be actually engaged in performing the type and standard of work specified, and the
projects referenced below shall be work of a similar character to the Work now being tendered and shall
be of comparable or greater size.
Tenderers who have not performed work for The SJWD or the City of Saint John within the last three (3)
years shall submit additional information with the Form of Tender that would demonstrate the Tenderer's
ability to perform the type and standard of work specified and the Tenderer's financial, technical and
project. management reliability.
Contract 1: Description
Owner and contact name:
Contractor's Supervisor:
Year Completed:
Contract 2: Description
Owner and contact name:
Contractor's Supervisor:
Year Completed:
Contract 3: Description
Owner and contact name:
Contractor's Supervisor:
Contract Value:
Contract Value:
Year Completed: Contract Value:
24
95
4.4.03 Particulars of Current Construction Work by Tenderer
If none of the projects described in 4.4.02 were in progress in Canada during the twelve (92) months
immediately preceding this Tender, the Tenderer shall provide below particulars of a contract which the
Tenderer satisfactorily carried out in Canada during that period.
Brief description of contract:
Owner and contact name:
Date of commencement:
Date of (anticipated) completion:
Contract value:
Contractor's supervisor:
4.4.04 Tenderer's Senior Supervisory Staff
The Tenderer shall identify their senior supervisory staff in the spaces below.
Tenderers who have not performed work for the SJWD or the City of Saint within the last three (3) years
shall submit with their Form of Tender a completed resume for each staff member listed hereunder
outlining their experience, education. designations /certificates and continued training /education.)
Name Position Qualifications E# Years
xperience
41
4.4.07 Sub - Contractors and Suppliers
Tenderers shall state the name and address of each proposed sub - contractor or supplier.
The listing of more than one sub - contractor or supplier for any one sub -trade or failure to submit a
complete list of sub - contractors and suppliers may be grounds for rejection of the Tender. After the the
SJWD has provided the selected Tenderer with written notification of the SJWD's acceptance of its
Tender, the selected Tenderer shall not substitute other sub - contractors or suppliers in place of those
named below without the written approval of the Engineer.
Sub -Trade or Name of Sub -
Supplier ContractorlSueolier Address
4.6 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
1, the undersigned, in submitting the accompanying Tender to The SJWD of Saint John for:
Tender No.: SJWD 2012 -02
Title of Work. Saint John Waterfront Development — Smythe Street Sidewalk Replacement and
Expansion Joint Rehabilitation.
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of that:
(Corporate Name of Tenderer)
1. 1 have read and I understand the contents of this Certificate;
2. 1 understand that the accompanying Tender will be disqualified if this Certificate is found
not to be true and complete in every respect;
3. 1 am authorized by the Tenderer to sign this Certificate, and to submit the accompanying
Tender, on behalf of the Tenderer;
4. Each person whose signature appears on the accompanying Tender has been
authorized by the Tenderer to determine the terms of, and to sign, the Tender, on behalf
of the Tenderer;
5. For the purposes of this Certificate and the accompanying Tender, 1 understand that the
word "competitor" shall include any individual or organization, other than the Tenderer,
whether or not affiliated with the Tenderer, who:
(a) may submit a Tender in response to this Request for Tender;
26
97
(b) could potentially submit a Tender in response to this Request for Tender, based on
their qualifications, abilities or experience;
6. The Tenderer discloses that (check one of the following only, as applicable):
❑ the Tenderer has arrived at the accompanying Tender independently from, and
without consultation, communication, agreement or arrangement with, any
competitor; or
❑ the Tenderer has entered into consultations, communications, agreements or
arrangements with one or more competitors regarding this Request for Tender,
and the Tenderer discloses, in the attached document(s), complete details
thereof, including the names of the competitors and the nature of, and reasons
for, such consultations, communications, agreements or arrangements.
7. In particular, without limiting the generality of paragraphs (6)(a) or (6)(b) above, there
has been no consultation, communication, agreement or arrangement with any
competitor regarding,
(a) prices;
(b) methods, factors or formulas used to calculate prices;
(c) the intention or decision to submit, or not to submit, a Tender; or
(d) the submission of a Tender which does not meet the specifications of the Request
for Tender,
except as specifically disclosed pursuant to paragraph (6)(b) above;
8. In addition, there has been no consultation, communication, agreement or arrangement
with any competitor regarding the quality, quantity, specifications or delivery particulars
of the products or services to which this Request for Tender relates, except as
specifically authorized by The SJWD or as specifically disclosed pursuant to paragraph
(6)(b) above,
9. The terms of the accompanying Tender have not been, and will not be, knowingly
disclosed by the Tenderer, directly or indirectly, to any competitor. prior to the date and
time of the official Tender Opening, or of the awarding of the Contract, whichever comes
first. unless otherwise required by law or as specifically disclosed pursuant to paragraph
(6)(b) above.
Name of Tenderer or Authorized Agent
Signature of Tenderer or Authorized Agent.
Position Title., Date:
Address of Tenderer.,
27
wf
SAINT J, OH14
WATERFROMT 1*V9UOPhJ1W
TENDER
Contract # SJWD 2012 -02
Smythe Street Sidewalk and Expansion Joint Rehabilitation
Sealed tenders addressed to Theresa Ellefsen, Finance Administrator, Saint John Waterfront
Development, 1 Market Square, Suite 301, Saint John, NB, E21- 4Z6 and marked on the
envelope:
TENDER SJWD 2012 -02
Smythe Street Sidewalk and Expansion Joint Rehabilitation
will be received until 3:00 pm., Wednesday, August 29, 2012 to supply all labour, materials
and equipment for the above noted project as per terms and specifications provided in the
tender documents.
The work consists generally of the supply of all necessary labour, materials, preparation
and equipment for the rehabilitation of the waterproof characteristics of Smythe Street
from Union Street to North Market Slip to prevent water infiltration into the underground
Market Square Parking Garage.
A Pre- Tender site review meeting will be on Wednesday, August 15, 2012, at 2:00
pm, on Smythe Street at the intersection of North Market Slip (near the light house)
for prospective Contractors. Attendance is not mandatory for tender acceptance.
Tender specifications may be viewed on the Saint John Waterfront Development's website at
www.siwaterfront.com under the menu option Development, and "Projects"
If you are interested in obtaining a copy of this tender package, it can be picked up at:
Market Square, Suite 301, 2nd Level, Saint John NB. There is no charge for this tender package.
Tenders will be opened publicly by the Tender Selection Committee, in Suite 301, Saint John
Waterfront Development office, 1 Market Square, Saint John, N.B., immediately following the
tender closing time.
The lowest or any tender not necessarily accepted.
99
/'er44-f—I .vd V, �'C G) /Z
_
100
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.I-
101
REPORT TO COMMON COUNCIL
M &C 2012 -229
August 31, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUB ECT
Saint John City Market - Lease of Space Stall "No. A"
BACKGROUND
The City of Saint John
S.K.Y Jeon Inc. (dba Raymond's Deli) is currently an over holding tenant of the Saint John City Market and hopes to
continue leasing stall "No. A ", which is approximately three hundred seventy three square feet (373 ftz) of leasable area
in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. S.K.Y. Jeon Inc. intends to operate
continuously, actively and diligently for the sole purpose of a deli outlet with specific covenants of sale, as outlined in
the proposed Lease (attached). The proposed use is considered appropriate in that it will maintain the current utilization
of said space.
ANALYSIS
S.K.Y Jeon Inc. has been a leasing tenant in the Saint John City Market since October, 2008, has been diligent regarding
rental payments and is familiar with the protocols which govern the City Market and tenants. SKY Jeon Inc. has
submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint
John.
FINANCIAL CONSIDERATIONS
The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $27.50 per square foot
(psf) in year one to $32.50 psf in the fifth year, increasing year over year to reflect a forecasted increase for the
consumer price index. The proposed rent is believed to be appropriate based on the size, accessibility of space, and the
location of stall. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre- authorized
debiting. There is no Landlord's base building work required, as SKY Jeon Inc. are a current over holding tenant and
finds the space adequate.
INPUT FROM OTHER SOURCES
Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all
reviewed and contributed to this report.
102
Report to Common Council Page 2 of 2
Saint John City Market - Lease of Space Stall "No. A"
RECOMMENDATION
Your City Manager recommends:
1) That Common Council approve the lease of space for stall "No. A" in the City Market with SXY Jeon Inc. under
the terms and conditions as set out in the Lease submitted with MC2012 -229; and
2) That the Mayor and Common Clerk be authorized to execute the lease.
Respectfully submitted,
Trevor Gamblin, M.Sc.E, P.Eng.
Manager, Facility Maria ment
G ego J. Y s, CGA, MBA
Commissio er, inance and Administrative Services
Patrick Woods, CGA
-�cI City Manager
103
Form A19
LEASE
Standard Forms of Conveyances Act, S.N.B.1"0, C. 5-12, s.2
The parties to this lease are:
The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a
body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of
the Province of New Brunswick, the "Lessor"
- and -
S.K.Y. Jeont Inc., 55 Leinster Street, Apartment 104, 1" Floor, Saint John, New Brunswick, F.2L
OAS, doing business as "Raymond's Deli", the "Lessee"
The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as
Schedule "D -1" form part of this Lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the
following conditions:
Duration: Five (5) years
Date of Commencement: July 1, 2012
Date of Termination: June 30, 2017
Payment Dates: First day of each and every month during
term hereof
This lease contains the covenants and conditions which are attached and set out in Schedule "C "°
If
DATED - /-2i—, 2012.
.
SIGNED, SEALED & DELIVERED } THE CITY OF SAINT JOHN
In the presence of }
)
)
}
)
)
}
)
} Common Clerk
)
} Common Council Resolution:
} 2012
}
)
}
S.K.Y. JEAN INC.
)
Per:
} Soo Young Jeo
r�r
104
.. h. 19l^lkI
4. WALL
ILUMN
OF
CASE
GROUND FLOOR (LEASEASLE AREA,,,.JZ3__ s.0
SCALE: 1 /4 " -1 'w-O"
LEASE PLAN
(COPIES: $ 1 /2" x 14" ARE NOT TO SCALE)
105
i
LEASE FOR STALL SPACE
CI'IL Y 16A U -CET
S.X{.Y. EON INC.
SCHIEDULE "C"
ARTICLE I
DEI+ZP MEONS
1.01 Definitionsi
In this lease;
a) "Additional Rent" means all and any monies required to be paid by the Lessee to the
Lessor under or pursuant to the terms of this Leave, save only for Gross Rent;
b) "Architect" shall mean the architect from time to time named by the Lessor or at the
option of the Lessor, the Lessor's general contractor. Any certificate provided by the
Architect and called for by the terms of this Lease shall be final and binding on the
parties hereto;
c) "Commencement Bate" means a date determined in accordance with the provisions of
Section 2.03;
d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and
installations in the City Market which from time to time are not designated or intended by
the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities,
improvements, equipment and installations which serve or are for the benefit of the City
Market whether or not located in, adjacent to or near the City Market and which are
designated from time to time by the Lessor as part of the Common Areas. Without
limiting the generality of the foregoing, Common Areas includes all parking areas, all
entrances and exits thereto and all structural elements thereof, access roads, truck courts,
driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and
interior structural elements and bearing walls in the building and improvements
comprising the City Market, package pick -up stations, loading and related areas,
pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage
service and janitor rooms and galleries, fire prevention, security and communication
systems, columns, pipes, electrical, plumbing, drainage, any central system for the
provision of heating, ventilating or air conditioning to leaseable premises or any enclosed
Common Areas and all other installations, equipment or services located therein or
related thereto as well as the structures housing installations, including but not limited to
all open and enclosed malls, courts and arcades, public seating and service areas,
corridors, furniture, first aid and/or information stations, auditoria, conference rooms,
nurseries, childcare play areas and related kitchen and storage facilities, escalators,
elevators, public washrooms, music systems and any atrium seating/food court;
e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published
in substitution for the Consumer Price Index or any other replacement index reasonably
designated by the Lessor, if it is no longer published) published by Statistics Canada (or
by any successor thereof or any other governmental agency, including a provincial
agency);
f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by
the Lessor from time to time for use in support of the operations of any group of premises
providing quick food service to customers of the City Market and includes, without
limiting the generality of the foregoing, public table and seating areas, waste collection
facilities and other areas, facilities and equipment intended for such use;
g) "Gross Receipts" means the total of all gross sales and receipts from all business
conducted upon or from the Leased Premises, whether or not by the Lessee, and whether
for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but
not be limited to, amounts received or receivable from the sale of goods or services and
the amount of all orders taken or received at the Leased Premises regardless of where
they are filled, whether such sales be made at a sales desk or counter, over the telephone
or by any vending device. Interest, instalment, finance charges mmd deposits will be
included, and bank or collection agency charges and uncollectible amount or bad debts
will not be deducted. A credit or instalment sale will be considered as a sale for the Bill
price in the month in which it takes place. Gross Receipts shall not include:
106
Lease for Stall Space — City Market
S.K.Y. Jeon Inc.
Schedule "C"
- Page 2
i. sales for which the customer has received a refund, provided that the original
sale was included in Gross Receipts;
ii. sales of merchandise in exchange for returned merchandise, but only to the
extent the original sale of the retained merchandise was included in Gross
Receipts;
iii. HST and any other sales, use, excise or gross receipts tax directly on sales and
collected from customers at the point of sale, provided that the amount thereof is
added to the selling price and shown and/or collected as a separate item, and
paid by the Lessee to such governmental authority;
iv. delivery charges;
v. transfers of merchandise between stores of the Lessee or returned to suppliers of
the Lessee, but only if such transfer or return is not for the purpose of reducing
Gross Receipts,
h) "HST" means harmonized sales taxes, value - added taxes, multi -stage taxes, business
transfer taxes or other similar taxes however they are characterized and any taxes in lieu
thereo%
i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance,
potentially dangerous substance, noxious substance, toxic substance, hazardous waste,
flammable, explosive or radioactive material, urea formaldehyde foam insulation,
asbestos, PCB's or any other substances or materials that are declared or defined to be
hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal,
provincial or municipal statute, by -law or regulation;
j) "Lessor" includes the Lessor and its successors and assigns;
k) "Lease" means this indenture of lease and includes any riders and schedules hereto and
shall also include any agreements entered into which have the effect of amending this
indenture from time to time;
1) "Leased Premises" means the premises leased to the Lessee as referred to and described
in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises
shall extend from the top surface of the structural subfloor to the bottom surface of the
structural ceiling. if the Leased Premises have no ceiling abutting the demising walls, but
rather are open to the ceiling of the City Market building, the boundaries of the Leased
Premises extend from the top surface of the structural subfloor to the height of the
demising walls;
m) "Lease Year" shall mean a period of time, the fast Lease Year commencing on the
Commencement Date and ending on the 31'` day of December in the calendar year of the
Commencement Date, Thereafter Lease Years shall consist of consecutive periods of
twelve calendar months ending in each case on December 31'x, save for the last Lease
Year of the Term which shall terminate upon the expiration or earlier termination of this
Lease, as the case may be;
n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section
3.01;
o) "Operating Costs" means the total cost and expense incurred in owning, operating,
maintaining, managing and administering the City Market and the Common Areas,
specifically including without limiting the generality of the foregoing, any capital or
place of ownership taxes levied against the Lessor or any owners of the City Market on
account of their interest in the City Market, in an amount equitably allocated to the City
Market by the Lessor; gardening and landscaping charges; the cost and expenses of
taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and
waste collection and disposal; lighting, electricity, public utilities, loud speakers, public
address and musical broadcasting systems and any telephone answering service used in or
serving the City Market, and the cost of electricity and maintenance for any signs
designated by the Lessor as part of the Common Areas; policing, security, supervision
and traffic control; salaries and benefits of all supervisory and other personnel employed
in connection with the City Market and management office rent imputed to the City
Market by the Lessor, acting reasonably, Management Fee, the cost of providing
additional parking or other Common Areas for the benefit of the City Market, whether
such costs be Taxes or other type of costs; the costs and expenses of environmental site
reviews and investigations, removal and/or clean -up of Hazardous Substances from the
Common Areas; the cost of the rental of any equipment and signs and the costs of
107
Lease for Stall Space — City Market
S.K.Y. Icon Inc.
Schedule "C"
- Page 3
supplies used in the maintenance and operation of the City Market and the Common
Areas; accounting and audit fees incurred in the preparation of the statements required to
be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating
and air conditioning of the Common Areas; all repairs and replacements to and
maintenance and operation of the City Market and the Common Areas; depreciation or
amortization of the costs, including repair and replacement, of all maintenance and
cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities
serving or comprising the City Nfiwket or the Common Areas; which are not charged fully
in the Lease Year in which they are incurred, from the earlier of the date when the cost
was incurred or the Commencement Date, at rates on the various items determined from
time to time by the Lessor in accordance with sound accounting principles;
p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of
the Leased Premises and the denominator of which is the Rentable Area of the City
Market;
q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this
Lease;
r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all
floors of the Leased Premises measured from:
i. the exterior face of all exterior walls, doors and windows;
R the exterior face of all interior walls, doors and windows separating the Leased
Premises from Common Areas; if any; and
iii. the centre line of all interior walls separating the Leased Premises from
adjoining leasable premises.
The Rentable Area of the Leased Premises includes all interior space whether or not
occupied by projections, structures or columns, structural or non - structural, and if the
store front is recessed from the lease line, the area of such recess for all purposes lies
within the Rentable Area of the Leased Premises.
s) "Rentable Area of the City Market" means the area in square feet of all rentable premises
in the City Market set aside for leasing by the Lessor from time to time, except for any
occupancy as designated by the Lessor for which there is no Gross Rent payable.
Provided however that the Lessor shall credit to Operating Costs any contributions
received in respect of such Operating Costs from the occupants of any of the areas
excluded from the Rentable Area of the City Market in accordance with this definition -
Provided further that in determining the fraction that is the Lessee's Proportionate Share,
if the Leased Premises consists of any of the foregoing excluded categories, the Rentable
Area of that category will be included in the Rentable Area of the City Market;
t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the
Lessor from time to time acting reasonably, including those listed on Schedule "D ";
u) "City Market" means the lands and premises known by the civic address 47 Charlotte
Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded
or reduced from time to time and the buildings, improvements, equipment and facilities
erected thereon or situate from time to time therein;
v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from
time to time levied, assessed or imposed upon the City Market or any part thereof or upon
the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes
shall also include any penalties, late payment or interest charges imposed by any
municipality or other taxing authority as a result of the Lessee's late payments of any
taxes or instalments thereof For greater certainty "Taxes" shall exclude any penalties or
interest incurred by the Lessor as a result of its failure to pay Takes in a timely manner,
except Taxes shall include any interest in respect of a deferral of payment in accordance
with sound accounting practices if permitted by statute or pursuant to an agreement with
the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor;
w) "Lessee" means the parry named as Lessee in this Lease; and
x) "Term" means the period referred to in Section 2.03.
1:
Lease for Stall Space — City Market
S.K.Y. Leon Inc.
Schedule "C"
-Page 4 =
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on the
part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the
Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Staii
No. A, are shown outlined in red on Schedule "A" attached bereto and contain a Rentable Area of
approximately Three Hundred Seventy Three Square Feet (373 W). In the event the Leased Premises is
re- measured the Lessee shall pay all rents based on a maximum square footage of Three Hundred Seventy
Three Square Feet (373 W).
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased eremtses shall ennue the Lessee to the use in
common with all others entitled thereto of the Common Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND TO HOLD the Leased Premises for and during the term of Five (S) Years to be
computed from July 1, 2012 and fully to be completed and ended on June 30, 2017 save as hereinafter
provided for earlier termination.
PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the
Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as
of the date of this Lease, the Commencement Date shall be the earlier of
a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to
the Lessee notwithstanding that the Lessor may still, during such zero (0) day period, be
completing its work, or
b) the opening by the Lessee to the public of its business in the Leased Premises.
Notwithstanding any change in the Commencement Date calculated in accordance with the
preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of
this Section 2.03, subject always to earlier termination as provided for in this Lease.
PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased
Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take
possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its
inventory, at its own risk, for a period of ** (**) days after receipt of such notice or until the Lessee opens
for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent
save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the
Leased Premises during the period of such fixturing, and shall during the period from the giving of such
notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and
agreements as are contained in this Lease, mutatis mutandis.
FURTHER PROVIDED THAT NOTWITHSTANDING ANY I1UNCi "1'U THE CONTRARY, if
the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason,
including but not limited to the holding over or retention of possession of any other lessee or occupant, or
the lack of completion of any repairs, improvements or alterations required to be completed before the
Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be
extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or
diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased
Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective
obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased
Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option,
terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and
of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or
deduction, and neither party shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the
Lessee shall execute an acknowledgement of same on Lessor's usual form.
109
Lease for Stall Space — City Market
S.K.Y. Icon Ina
Schedule "C"
Page 5 -
The Lessee shall pay all Grass Rent and Additional Rent calculated on a per diem basis, from the
end of the rent -free period to the last day of the month in which the Commencement Date occurs and
thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless
otherwise specified herein.
2.04 Option to Renew — purposely deleted.
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Bent
The Lessee shall pay annual Gross Rent to the average amount of Thirty Dollars ($30.00) per
square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in
advance. According to the following schedule;
Year 1 -
$854.79 monthly ($27.50 per square foot)
Year 2 -
$893.65 monthly ($28.75 per square foot)
Year 3
$932.50 monthly ($30.00 per square foot)
Year 4
$971.35 monthly ($31.25 per square foot)
Year 5 -
$1,010.21 monthly ($32.50 per square foot)
3.02 Reports by Lessee
a) The Lessee shall submit to the Lessor on or before the lo's day following the end of each
calendar month during the Term and including the lots day of the month following the
end of the Term, at the place then fixed for the payment of Rent, a written statement
signed by the Lessee showing the amount of Gross Receipts for the preceding month (and
fractional month, if any) and the amount of Gross Receipts for all preceding months of
such Lease Year;
b) On or before the 6& day following the end of each Lease Year (including the last Lease
Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style
and scope as the Lessor reasonably determines, showing the amount of Gross Receipts
during the preceding Lease Year, which statement shall be duly certified to be correct by
the Lessee. The Lessee will not change its procedure relating to any aspect of its
reporting of Gross Receipts without the prior written consent of the Lessor, which
consent sball not be unreasonably withheld.
c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply
to the Lessor a statement of the approximate amount of Gross Receipts during any
particular week in respect of which such a statement is requested by the Lessor, it being
acknowledged that such weekly statement will be requested during weeks when
promotions or other special activities are being carried on in the City Market.
3.03 Audit (Mandatory when rent calculation based an Lessee's sales)
At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice
to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the
Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02.
Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the
Lessor.
3.04 Rent Past Due
If the Lessee fails to pay, when the same is due and payable, any Gross Kent, Additional Rent or
other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due
date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in
excess of the Prime Rate.
3.05 Deposit
The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the
payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or pact
of the amount retained for application towards the last month's Gross Rent as compensation for any loss or
damage arising from the breach by the Lessee of any provisions of this Lease_ This right will not be
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construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the
Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will
not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under
this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the
City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further
liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit
except in connection with a permitted. Transfer, in which case the Lessee's interest in the deposit will be
deemed to have been assigned to the permitted Transferee as of the date of the Transfer.
3.06 Pre - Authorized Payments
The Lessee must participate in a pre - authorized payment plan whereby the Lessor will be
authorized to debit the Lessee's batik account each month from time to time during each Lease Year in an
amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable,
generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis.
The Lessor shall sign a form of application which is the same or similar to Schedule "DA ", or as may be
required by the Lessee's bank, credit union or other financial institution.
ARTICLE IN
4.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market
or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the
Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute,
law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the
fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes.
4.02 Taxes Payable by Lessee
a) The Lessee shall during the Term pay, without any deduction, abatement or set -off
whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises;
b) In the case of assessments for local improvements or betterments which are assessed or
imposed during the term and which may by law be payable in instalments, the Lessee
shall only be obligated to pay such instalments as same fall due during the Term, together
with interest on deferred payments;
c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the
Lessee to keep any covenant contained in this Article, the certificate or receipt of the
department, officer or bureau charged with collection of the Taxes, showing that the tax,
assessment or other charge affecting the Leased Premises is due and payable or has been
paid, shall be prima facia evidence that such tax, assessment or other charge was due and
payable as a lien or charge against the Leased Premises or that it has been paid as such by
the Lessor;
d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by
legal proceedings or in such manner as the Lessee in its opinion shall deem advisable
(which proceedings or other steps taken by the Lessee shall be conducted diligently at its
own expense and free of expense to the Lessor) any and all Taxes levied, assessed or
imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid
by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations
to pay the Taxes as herein provided pending the contest, but if by law it is necessary that
such payment be suspended to preserve or perfect the Lessee's contest, then the contest
shall not be undertaken without there being first deposited with the Lessor a sum of
money equal to twice the amount of the Taxes that are the subject of the contest, to be
held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and
all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs
associated with an appeal undertaken by the Lessor, the Lessee shall pay their
proportionate share of such costs;
e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills
for Taxes which bills after inspection by the Lessor shall be returned to the Lessee.
4.03 HST Payable by Lessee
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The Lessee shall pay to the Lessor all HS 1 on Rent and any other HS I imposed by the applicable
legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the
applicable legislation. Such amounts are not consideration for the rental of space or the provision by the
Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the
same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease.
If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as
consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or
amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that
the Lessor will receive the full amount of the forfeited deposit or other amount payable without
encroachment by any deemed HST portion.
4.04 Business Tames rnd Other Taxes of Lessee
The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable;
a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or
assessed against or in respect of all improvements, equipment and facilities of the Lessee
on or in the Leased Premises; and
b) every tax and license fee which is levied, rated, charged or assessed against or in respect
of any business carried on in the Leased Promises or in respect of the use or occupancy
thereof
whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed
by any federal, provincial, municipal or other body.
ARTICLE V
UTILITIES
5.01 Utilities
The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event
that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's
proportionate share of any utility consumed.
ARTICLE VI
MERCHANTS' ASSOCIATION
6.01 Merchants' Association
Lf and when an association or corporation of merchants or lessees (the "Association ") is formed
comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or
if such an Association has already been formed, the Lessee shall forthwith become a member thereof and
the Lessee shall retain its membership in such Association during the entire Term and shall abide by all
rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such
Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such
Association shall at all times be subject to the prior approval of the Lessor.
6.02 Promotion Fund
The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in
twelve (12) monthly instalments each instalment payable on the 1" day of each month during the Term.
ARTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased Premises
a) The Leased Premises shall be used continuously, actively and diligently for the sole
purpose of a deli for the sale of all cheddars of various ages, cream cheeses,
European, speciality cheeses, cheese products, and any products containing cheese,
processed meats, pressed, slicing meats, jellied, headcheese, calls, chicken products,
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port products, beef products, dried salamis, pepperonis, bolognas, salamis,
pepperoni sticks, beef jerky, and also bread loaves aad rolls, variety of sausage,
maple syrup products, honey, pickles, pickled eggs, various pickled items, cretons,
pates, brachetta topping, olive oils, various mustards, anchovies, spices, hot sauces,
cabbage roils, butters, garlic butter, potato salad, various salads, homemade baked
beans, meat pies, sauerkraut, gravy, fish cakes, egg rolls, Chinese food products,
frozen dinners, Child's potatoes, lasagne, yogurt, horseradish, blood pudding,
balsamic vinegar, salad dressings, meatballs, hot peppers, humus, pepper sauce,
variety of sauces and dips.
The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof
for any other business or purpose_ In connection with the business to be conducted by the
Lessee on the Leased Premises, the Lessee shall only use the advertised name "Raymond's
Deli" and will not change the advertised name of the business to be operated in the Leased
Premises without the prior written consent of the Lessor.
The Lessee shall not introduce new product lines, or offer new services to its customers
without first obtaining the written consent of the Lessor. The Lessee acknowledges that it
would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of
such product line or service would compete with the business of other tenants in the City
Market or infringe on exclusive covenants granted by the Lessor.
Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this
Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City
Market any of the products or services permitted to be sold or provided from the Leased
Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other
premises in the City Market to any other tenants) carrying on a business which is similar in
whole or in part to the business permitted to be carried on from the Leased Premises pursuant
to this Section 7.01.
b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the
regular conduct of business therein are of utmost importance to neighbouring tenants and
to the Lessor in the renting of space in the City Market, the renewal of other leases
therein, the efficient and economic supply of services and utilities, and in the character
and quality of other tenants in the City Market, The Lessee therefore covenants and
agues that throughout the Term it will occupy the entire Leased Premises, comply
strictly with the provisions of Section 7.01 and not vacate or abandon the Leased
Premises at any time during the Term. The Lessee acknowledges that the Lessor is
executing this Lease in reliance thereupon and that the same is a material element
inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or
abandons the Leased Premises or fails to so conduct its business therein, or uses or
permits or suffers the use of the Leased Premises for any purpose not specifically herein
authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the
Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the
Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately
become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor.
The Lessor will have the right, without prejudice to any other rights which it may have
under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b).
7.02 Conduct and operation of Business
The Lessee shall occupy the Leased Premises from and after the Commencement Date and
thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the
Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall:
a) operate its business with due diligence and efficiency and maintain an adequate staff to
properly serve all customers; own, install and keep in good order and condition free from
liens or rights of third parties, fixtures and equipment of first class quality; and carry at
all times such stock of goods and merchandise of such size, character and quality as will
produce the maximum volume of sales from the Leased Premises consistent with good
business practices;
b) conduct its business in the Leased Premises during such hours and on such days as the
Lessor from time to time requires or permits and at no other time_ However the Lessee is
not required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. If the Lessee fails to open on the Commencement Date
or during the days and/or hours required by the Lessor, then in addition to all other
amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the
Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two
hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in
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default. When not open for business the security of the Leased Premises is the sole
responsibility of the Lessee;
c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and
keep the display windows and signs (if any) in the Leased Premises well -lit during the
hours the Lessor designates from time to time, acting reasonably;
d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale
from the Leased Premises, and not use any portion of the Leased Premises for office,
clerical or other non - selling purposes except minor parts reasonably required for the
Lessee's business in the Leased Premises;
c) abide by all rules and regulations and general policies formulated by the Lessor, acting
reasonably, from time to time relating to the delivery of goods to the Leased Premises;
f) not allow or cause to be committed any waste upon or damage to the Leased Premises or
any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee
in the City Market or which unreasonably disturbs or interferes with or annoys any third
party, or which may damage the City Market;
g) not allow or cause to be done any act in or about the Common Areas or the City Market
which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's
flow of traffic in any way, obstructs the free movement or parties doing business in the
City Market;
h) not allow or cause business to be solicited in any part of the City Market other than the
Leased Premises, nor display any merchandise outside the Leased Premises at any time
without the prior written consent of the Lessor;
i) use the name designated for the City Market by the Lessor from time to time and all
insignia or other identifying names and marks designated by the Lessor in connection
with the advertising of the business conducted in the Leased Premises. Notwithstanding
the foregoing the Lessee will not acquire any rights in such names, marks or insignia and
upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights
which the Lessee may acquire by operation of law and will promptly execute any
documents required by the Lessor to give effect to this subparagraph (i);
j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on
the roof of any building forming part of the City Market or on any exterior walls of the
Leased Premises or in any of the Common Areas. Any such installation shall be subject
to removal by the Lessor without notice at any time and such removal shall be done and
all damage as a result thereof shall be made good, in each case, at the cost of the Lessee,
payable as Additional Rent on demand;
k) not use any travelling or flashing lights or signs or any loudspeakers, television,
phonograph, radio or other audiovisual or mechanical devices in a manner so that they
can he heard or seen outside of the Leased Premises without the prior written consent of
the Lessor. If the Lessee uses any such equipment without receiving the prior written
consent of the Lessor, the Lessor shall be entitled to remove such equipment without
notice at any time and such removal shall be done and all damage as a result thereof shall
be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
1) not install or allow in the Leased Premises any equipment which will exceed or overload
the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of
which the Lessor has not approved. If the Lessee requires additional utility, electrical or
mechanical facilities, the Lessor may in its sole discretion if they are available elect to
install them at the Lessee's expanse and in accordance with plans and specifications to be
approved in advance in writing by the Lessor,
m) not bring upon the Leased Premises any machinery, equipment, article or thing that by
reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably,
damage the Leased Premises or overload the floors of the Leased Premises. Any such
machinery, equipment, article or thing shall be subject to removal by the Lessor without
notice at any time and such removal shall be done and all damages as a result thereof
shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
n) observe and comply with all federal, provincial or municipal laws pertaining to or
affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of
any business in the Leased Premises, or the making of any repairs, replacements,
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alterations, additions, changes, substitutions or improvements of or to the Leased
Premises, and the regulations of any insurance underwriters in respect of the insurance
maintained by the Lessor in respect of the City Market, and carry out all modifications to
the Leased Premises and the Lessee's conduct of business or in use of the Leased
Premises which may be required by any such authorities.
7.03 Prohibited Activities
a) The Lessee acknowledges that it is only one of many tenants in the City Market and that
therefore the Lessee shall conduct its business in the Leased Premises in a manner
consistent with the best interests of the City Market as a whole;
b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall
thereupon forthwith discontinue the sale of any item, merchandise, commodity or the
supply of any service or the carrying on of any business, any of which is either prohibited
by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly
related to the business set out in Soction 7.0 1. The Lessee will not allow or cause the use
of any part of the Leased Premises for any of the following businesses or activities:
i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire
sale stock or bankruptcy stoclr;
ii. the sale of goods, except as may be specifically permitted by the provisions of
Section 7.01;
iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee
pursuant to a permitted assignment or subletting hereunder), liquidation sale,
"going out of business" or bankruptcy sale, or warehouse sale;
iv. any advertising or selling procedures which would, or any sale or business
conduct or practice which would, because of the merchandising methods or
quality of operation likely to be used, in either case in the Lessor's opinion, tend
to lower the character of the City Market or harm or tend to harm the business or
reputation of the Lessor or reflect unfavourably on the City Market, the Lessor
or other tenants in the City Market or bend to confuse, deceive, mislead or be
fraudulent to the public; or
a mail order business or a department store, junior department store or variety
store.
7.04 Hazardous Substances
The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a
manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture,
refine, treat, transport, store, handle, dispose off transfer, produce or process any Hazardous Substance,
except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and
regulations, including, without limitation, environmental, land use and occupational and health and safety
laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor and those for whom the lessor is in law
responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or
contributed to by any Hazardous Substances which are at any time located, stared or incorporated in any
part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives
shall have the rigbt at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt
of an invoice therefor, to conduct such envizonm.ental site reviews and investigations as it may deem
necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant
to this Section 7.04 shall survive the expiration or earlier termination of the Tema.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or
install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades or awnings or make any changes to the stone front without first obtaining the
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Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in
force, content and such detail as the Lessor may reasonably require for such work at the time approval is
sought. The Lessee covenants that any work that may be done m respect of the Leased Premises by or on
behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done
or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall
arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and
inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything
herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural
nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would
interfere with the usage of the Common Areas.
All alterations, decorations, additions and improvements made by the Lessee or made by the
Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or
affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor
shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or
improvements. Such alterations, decorations, additions and improvements shall not be removed from the
Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the
Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove
all such alterations, decorations, additions and improvements and restore the [eased Premises as required
by the Lessor.
8.02 Maintenance and Repair by the Lessee
The Lessee will at all times keep the Leased Premises (including exterior entt wcs and all glass
and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including
lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition
and repair (including periodic painting or redecorating and preventative maintenance as determined by the
Lessor and including such repairs or replacements as are required to keep the Leased Premises in good
repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality
and class equal to the original work or installations.
8.03 Signs, Awnings, Canopies
The Lessee will not place or sutler to be placed or maintained on any exterior door, wall or
window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any
kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any
window or door of the Leased Premises without first obtaining the Lessor's written approval and consent.
The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter
or other thing as may be approved in good condition and repair at all times, and in addition to the
foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be secs from
the exterior of the Leased Premises in a earner which is in keeping with the character of the City Market
of which the Leased Premises form a part and which is designed to enhance the business of the Lessee.
8.04 Surrender of Leased Premises
Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable
wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier
termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased
Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only
excepts and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for
the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in
the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and
personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or
otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that uo construction or other lien or charge, or notice thereof, is registered
or filed against:
a) the City Market or any part of it; or
b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the
Leased Premises.
by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If
such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five
(5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to
be duce into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on
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demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an
administrative overhead charge of fifteen percent (15 %) thereon.
8.06 Rules and Regulations
The Lessee will comply with the Kuies and Regulations. fhe Lessor reserves the right from time
to time to amend or supplement the Rules and Regulations. Notice of such amendments and sapplements,
if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such
amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this
Lease. The Lessor shall not be responsible to the Lessee for non -observance or violation of any of the
provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any
other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such
provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner.
8.07 Mamtenance and Repair by the Lessor
The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be
maintained and repaired, the structure of the City Market, including without limitation, the foundations,
exterior weather walls, subfloor, roofs bearing walls and structural columns and beams of the City Market.
If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the
Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its
employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or
subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such
maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs.
8.08 Control of City Market by Lessor
The City Market and the Common Areas are at all tunes subject to the exclusive control and
management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its
control, management and operation of the City Market and by the establishment of rules and regulations
and general policies with respect to the operation of the City Market or any part thereof at all times
throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air
conditioning systems; provide supervision and policing services for the City Market,, close all or any
portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient
to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify
and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the
City Market; obstruct or close off ail or any part of the City Market for the purpose of maintenance, repair
or construction, employ all personnel, including supervisory personnel and managers necessary for the
operation, maintenance and control of the City Market; use any part of the Common Areas from time to
time for merchandising, display, decorations, entertainment and structures designed for retail selling or
special features or promotional activities; designate the areas and entrances and the times in, through and at
which loading and unloading of goods shall be carried out; control, supervise and generally regulate the
delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other
portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in
the manner and the times and places at which same is to be placed for collection (if the Lessor for the more
efficient and proper operation of the City Market provides or designates a commercial service for the
pickup and disposal of refuse and garbage instead of or in addition to the service provided by the
municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level,
location, arrangement or use of the City Market or any part thereof; construct other buildings or
improvements in the City Market and make changes to any part thereof; construct other buildings or
improvements in the City Market and make changes to any part of the City Market; and do and perform
such other acts in and to the City Market as in the use of good business judgment the Lessor determines to
be advisable for the more efficient and proper operation of the City Market.
Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its
rights as set out in this Section 8.03, the Common Areas are diminished or altered in any manner
whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or
diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed
constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease.
8.09 Lessor's Right to Enter Leased Premises
a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized
representatives enter the Leased Premises at reasonable times to:
i. examine them;
ii. make permitted or required repairs, alterations, improvements or additions to the
Leased Premises (including the pipes, conduits, wiring, ducts, columns and other
installations in the Leased Premises) or the City Market or adjacent property, or
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iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the
extent reasonably possible in the circumstances) without unreasonably
interfering with the Lessee's business operations in the Leased Premises, and the
Lessor may take material into and on the Leased Premises for those purposes.
Rent will not abate or be reduced while the repairs, alterations, improvements or
additions are being made. The Lessor will take reasonable steps to m ;n ;mi..e
any interruption of business resulting from any entry.
b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective
purchasers and during the six (6) months prior to the expiration of the term of this Lease,
the Lessor may exhibit the leased Premises to prospective tenants and place upon the
Leased Premises the usual notice "To Let' which notice the Lessee shall permit to remain
where placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any time, when for any reason an entry therein shall be necessary or
permissible, the Lessor or the Lessor's agents may enter the same by a master key, or
may forcibly enter the same, without rendering the Lessor or such agents liable therefor,
and without in any manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon
the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance
or repair of the City Market or any part thereof, except as otherwise in this Lease
specifically provided.
ARTICLE IX
INSURANCE AND INDEMNITY
9.01 Lessee's Insurance
a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force
and effect the following insurance:
i. All-risk insurance upon property owned by the Lessee or for which the Lessee is
legally liable (including, signs and plate glass) and which is located within the City
Market in an amount of not less than the full replacement cost thereof;
ii. Comprehensive General Liability with minimum limits of at least Two Million
Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require
from time to time. This policy shall include:
a) The City added as an Additional Insured;
b) Inclusive limits for bodily injury and property damage;
c) Personal injury liability,
d) Tenant's Legal Liability;
e) Contractual Liability with respect to this Lease;
fl Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A Thirty (30) days written notice of Cancellation shall be given to the City of
Saint John.
iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor
may reasonably require from ti me to time in form, in amounts and for insurance risks
against which a prudent tenant would insure.
b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and
shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates
of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable
after the placing of the required inm=cc_ All policies shall contain an undertaking by the
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insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change,
cancellation or termination thereof;
c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred
to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the
Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the
Lessor has the right without assuming any obligation in connection therewith to effect such
insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by
the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of
the Lessor under this Lease.
4.02 Increase in Insurance Premium
The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any
increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above
the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. if the Lessee is
in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance
policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the
City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the
use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the
Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the
Lessor, and if the Lessee shall fail to do so within twenty -four (24) hours of such written request, the
Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the
Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the
Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its
option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention
to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall
be apportioned and paid in full to the date of such determination of the Lease, and together with an amount
equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall
immediately deliver up possession of the Leased Premises, a schedule issued by the organization making
the insurance rate on the Leased Premises, showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make the fire insurance rate of the Leased
Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as
the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount
thereof shall be deemed to be, and be paid as Additional Rent.
9.03 Loss or Damage
The Lessor shall not be liable for any death or injury arising from or out of any occurrence in,
upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the
Leased Premises, nor shall it he responsible for any loss of or damage to any property of the Lessee or
others from any cause whatsoever, except any such death, injury, loss or damage results from the
negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law
responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury
or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity,
water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances,
plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other
tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused
by construction or by any private, public or quasi -public work. All property of the Lessee kept or stored on
the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify
the Lessor and save it harmless from any claims arising out of any damages to the same, including, without
limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any
injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
9.04 Indemnillcation of the Lessor
The Lessee will indemnify the Lessor, and save harmless from and against any and all claims,
actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to
property arising from or out of any occurrence m upon or at the Leased premises, the occupancy or use by
the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or
omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or
invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by
or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses
and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with
such litigation,
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ARTICLE X
DAMAGE, DESTRUCTION AND EX ROPRIAnON
10.01 Total or Partial Destructiox of Leased Premises
It during the Term, the Leased Premises are expropriated or totally or partially destroyed or
damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect
a) If the Leased Premises arc rendered partially unfit for occupancy by the Lessce, Gross Rent only
shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for
occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are
rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in
either event until the day following a reasonable period (taking into account the extent of the
Lessee's restoration) following completion of the Lessor's restoration;
b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the
Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence
within 180 days of the happening of such destruction or damage, then the Lessor may at its option
terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of
such destruction or damage and in the event of such notice being so given this Lease shall cease
and become null and void from the date of such destruction or damage and the Lessee shall
immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall
be apportioned and shall be payable by the Lessee only to the date of such destruction or damage
and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease;
If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the
happening of such damage or destruction or if within the period of thirty (30) days referred to in Section
10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable
promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's
repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the
Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's
restoration) complete the restoration of the Leased Premises.
The certificate of the Architect shall bind the parties as to the (i) extent to which the Loaned Premises are
unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due
completion of repairs
10.02 Total or Partial Destruction of City Market
In the event that a substantial portion of the City M=et shall be expropriated or damaged or
destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring
or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor,
notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right,
to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said
occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the
Term of this Lease shall expire upon the third (3`d) day after such notice is given, and the Lessee shall
vacate the Leased Premises and surrender the same to the Lessor.
10.03 Abatement of Rent
Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X
shall be limited to an amount equal to the amount which the Lessor collects under any rental income
insurance.
10.04 Exproprlatfon Awards
The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part
of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled
to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is
expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the
Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or
awards and will execute the documents that the Lessor reasonably requires in order to give effect to this
intention.
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ARTICLE XI
STATUS STATEMENT, SUBORDINATION AND ATTORNMENT
11.01 Status Statement
Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status
statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the
commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any
prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and
any other information required by the party requesting it.
11.02 Power of Attorney
The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power
and authority to execute and deliver in the name of the Lessee any instruments or certificates required to
carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen
(15) days after the date of a written request by the Lessor to execute such instruments.
ARTICLE XH
TRANSFERS BY LESSEE
12.01 Transfer Defined
"Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease
or the Leased .Premises, or any part of them or any interest in this Lease (whether by operation of law or
otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture
(floating or otherwise) or other encumbrance of this Lcase or the Leased Premises or any part of them, or of
any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under
this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a
transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by
subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on
the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change
in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding
to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv)
the Transferor is the person that has effective voting control before the Transfer and the Transferee is the
person that bas effective voting control after the Transfer).
12.02 Consent Required
The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in
each instance which consent may not be unreasonably withheld_ Notwithstanding any statutory provisions
to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor
refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a
previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no
consent shall be given unless the following provisions have been complied with:
There is no default of the obligations of the Lessee under this Lease;
ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed
Transfer and the effective date thereof to the Lessor;
iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor
within thirty (30) days after the execution and delivery thereof;
iv. The Transferee, except in the case of a Transfer described in Section 12.01 (iv), shall have
assumed in writing with the Lessor the due and punctual performance and observance of
all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any
Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent
by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply
the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the
requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or
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any indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein
contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall
not be released from performing any of the obligations of the Lessee under this Lease.
Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the
Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or
to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand
as Additional Rent.
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the
effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of
the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the
foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved
in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or
format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the
rental rate of the Leased Premises.
ARTICLE XIiI
DEFAULT OF LESSEE
13.01 Right to Re-Enter
When
a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and
such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or
of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall
continue for a period of fifteen (15) consecutive days or such longer or shorter period as the
Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee
specifying with reasonable particularity the nature of such default and requiring the same to be
remedied;
then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months
next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall
become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever
forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and
enjoy the same as of its former estate, anything contained in any statute. or law to the contrary
notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the
Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants,
obligations or agreements under this Lease or any term or condition of this Lease and provided further that
notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss
of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall
have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds
thereof to Rent due under the Lease.
13.02 Right to Re -Let
Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to
legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may
from time to time without terminating this Lease, make such alterations and repairs as may be necessary in
order to re-let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the
Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at
such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may
deem advisable, upon each re- letting all rentals received by the Lessor from such re- letting shall be applied;
first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor;
second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
same may become due and payable hereunder. If such Rent received from such re4etting during any
month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such
deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking
possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate
this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof
be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination,
the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the
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Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it
may recover from the Lessee all damages it may incur by reason of such breach, including the cost of
recovering the Leased Premises, and including the worth at the time of such termination of the excess, if
any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the
Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term
hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In
determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual
Rent for each year of the unexpired Term shall be equal to the greater of. (a) the average annual Gross
Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or
during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable
hereunder, together with all Additional Rent which would have been payable during the calendar year in
which this Lease was terminated, prorated over a full calendar year, if required.
13.03 Legal Expenses
In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of
Rent or any other amount due under the provisions of this Lease, or because of the breach of any other
covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be
established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable
solicitors' and counsel fees on a solicitor and his client basis.
13.04 Bankruptcy
The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on
the Leased Premises shall be at any time during the Terns seized or taken in execution or attachment by any
creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets
or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk
sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for
bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the
Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of
fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of
this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon
the leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of
them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal
be sufficient goods on the L.cased Premises subject to distress to satisfy the Rent above due or accruing due,
then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent
shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased
premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises
were holding over after the expiration of the Tenn and the Term shall, at the option of the Lessor,
immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and
determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in
the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be
deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein.
13.05 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this
Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such
covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of
the Leased Premises or any part thereof as the Lessor may consider requisite or necessary_
All expenses incurred and expenditures made by or on behalf of the Lessor under this Section,
together with an administrative fee equal to fifteen (15 0/6) percent thereon, shall be forthwith paid by the
Lessee to the Lessor on demand as Additional Rent.
13.06 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the
inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;
and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night,
method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful
where the Lessee owes arrears of Rent at the time of the distress.
13.07 Remedies Cumulative
No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or
preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at
law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other
such remedy, but the Lessor may from time to time exercise any one or more of such remedies
independently or in combination.
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ARTICLE XIV
MISCELLANEOUS
14.01 Overholding
If the Lessee remains in possession of the Leased Premises after the end of the Term and without
the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby
granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to
month at monthly rent payable in advance on the first day of each month equal to the sum of
one and one half (I %s) times the Gross Rent payable during the last month of the Term; and
ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately
preceding the last Lease Year of the Term;
and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of
Term, and any right of renewal mutatis mutandis.
14.02 Successors
This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with,
the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there
is more than one party named as Lessee, they are jointly and severally liable under this Lease_
14.03 Waiver
Failure by the Lessor to require performance of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the
same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rant
hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any
term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so
accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such
Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor,
unless such waiver be in writing by the Lessor.
14.04 Accord and Satisfaction
No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent
herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any
endorsement or statement or any cheque or any letter accompanying any cheque or payment as Runt be
deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements, conditions and understandings
between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises,
agreements, conditions or representations, either oral or written, between them other than are herein and in
the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee
unless reduced to writing and signed by them.
14.06 No Partnership
The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct
of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee.
14.07 Farce Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strifes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
Other reason of a hike nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period equivalent to the period of
such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not
operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other
payments required by the terms of this Lease, nor entitle the Lessee to compensation for any
inconvenience, nuisance or discomfort thereby occasioned.
124
Lease for Stall Space — City Market
S.K.Y. Jeon Inc.
Schedule "C"
-Page 20 -
14.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be
sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed
in Canada, registered and postage prepaid, addressed to the Lessor at C/O The Common Clerk, The City
of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to
Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee
shall be sufficiently given if delivered personally to the party being given such notice or to a responsible
employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada,
registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at 55
Leinsteir Street, Apartment 104 1'r Floor Saint JAL New BrunswicL E21 0 . Any such notice
given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is
delivered or transmitted or on the third day that there is postal delivery following the day on which such
notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any
change of address of the party given such notice and from and after the giving of such notice the address
therein specified shall be deemed to include any request, statement or other writing in this Lease provided
or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than
one party named as Lessee, notice to one shall be deemed sufficient as notice to all.
14.09 Place for Payment of Rent
The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified
in Section 14,08 or as such place or places as the Lessor may designate from time to time by notice in
writing: currently to the Cashier's Office, City I-fall, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L4Ll.
14.10 Approval in Writing
Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must
approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given
in writing by the Lessor before same and shall be deemed to be effective.
14.11 Governing Law
The Lease is to be governed by and construed according to the laws of the Province of New
Brunswick:
14.12 Captious and Section Numbers
The captions, section numbers and article numbers appearing in this Lease are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections
or articles or of this Lease, nor in any way affect this Lease.
14.13 Partial Invalidity
If any term, covenant or condition of ttus Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the
application of such term, covenant or condition to persons or circumstances otber than those as to which it
is held invalid or unenforceable, shall, not be affected thereby and each term, covenant or condition of this
Lease shall be separately valid and enforceable to the fullest extent permitted by law.
14.14 No Option
The submission of this Lease for examination does not constitute a reservation of or option for the
Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery
thereof by the Lessor and the Lessee.
14.15 Time To Be of the Essence
Time shall be of the essence of this Lease
14,16 Quiet Enjoyment
The Lessor covenants with the Lessee for quiet enjoyment,
14.17 Riders and Schedules
Schedules attached hereto form part of this Lease.
14.18 Rent Free Period — purposely deleted.
125
Lease for Stall Space — City Market
S.K.Y. Jeon Inc.
Schedule "C"
- Page 21
14.19 Basement Storage Space
Where the Lessee makes use of any area of basement storage space, notwithstanding any provision
herein coxitained, the Lessee acknowledges and agrees that water and sewer lines are located
within the basement area of the Leased Premises and that there is a possibility that water an&or
sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and
may cause damage to anything stored in the basement area of the leased Premises. The Lessee
acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others,
in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby
agrees to retcase and indemnify and save harmless the Lessor from and against any and all manner
of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or
arising out of breakage, blockage, overflow or other problem of the water or sewage lines.
126
SCIiEDULE "D"
RULES AND REGULAT IONS
1. All loading and unloading of goods shall be done only at such times, in the areas, and through the
entrances, designated for such purposes by the Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises
shall be subject to such controls as in the judgment of the Landlord are necessary for the proper
operation of the Leased Premises and/or the City Market.
3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall
not he burned in or about the Leased Premises,
4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or
electric wire shall be installed or connected without obtaining in each instance the written consent
of the Landlord. All such connections shall be installed in accordance with the Landlord's
direction and without such direction no boring or cutting for wires or pipes shall be permitted -
5. The Tenant will be required to remain open for business as follows:
a. Stalls shall be open for business at all times while the market is open to the public.
b. Year round stands shall be open for business at all times while the market is open to the
public.
b. The plumbing facilities shall not be used for any other purpose than that for which they are
intended, and no foreign substance of any kind shall be thrown therein, and the expense of any
breakage, stoppage or damage resulting from a violation of this provision shall be borne by the
Tenant
7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination
contractor.
8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls,
ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord.
9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall
not permit any cooking in the Leased Premises without the written consent of the Landlord,
10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the
Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for
any purpose other than ingress to and egress from the Leased Premises.
11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees
shall not bring in or take out, position, construct, install or move any safe or other heavy
equipment or fuuuiture without first obtaining the consent in writing of the Landlord, In giving
such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight
permitted and the position thereof, and the use and design of planks, skids or platforms to
distribute the weight thereof All damage done to the City Market by moving or using any such
safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of
all equipment and the furniture shall occur only during those hours when the City Market shall not
be open for business or any other time consented to by the landlord.
12. All persons entering and leaving the building in which the Leased Premises are situated must do
so during hours the City Market is staffed by City Market employers. The Landlord at its sole
discretion may determine the hours the City Market is staffed. Tenants shall register in books if so
required by the Landlord when accessing the Market "after Market hours". The Landlord is under
no responsibility for fiWure to enforce this rule.
13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased
Premises without the approval of the Landlord and subject to any conditions imposed by the
Landlord.
14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the
storage of personal effects or articles other than those required for the purposes permitted by the
lease to which these rules and regulations are annexed.
127
RULES AND REGULATIONS
Page 2
15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean
the windows of the Leased Premises from time to time and at reasonable times.
16. Any hand tricks, carryalls or similar appliances used in any building in the Shopping Centre shall
be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require.
17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to
which these rules and regulations are annexed.
18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall
not permit the delivery of any food or beverage to the Leased Premises without the approval of the
Landlord.
19. The Tenant shall not solicit business in the common areas or distribute any handbills or other
advertising matter in the common areas or in automobiles parked in the parking areas.
24. The Tenant may only sell merchandise that is approved by the landlord through their lease or
otherwise.
21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas
adjacent to the Leased Premises.
22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to
cause annoying noises or vibrations or offensive odours.
23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor
designated by the Landlord and to place the garbage in the compactor.
24. A set of plans must be presented and the approval must be given by the landlord for any
improvements or painting, etc, to the stands (including signs).
25. Merebandise, displays, shelves, etc,, are not to exceed the height of the bottom meat hook bars on
each stand.
26. No solid dividers are to be placed between the top and bottom meat hook bars.
27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be
swept and washed down properly.
28. covers are not to be placed over merchandise on stands without the prior approval of the
Landlord.
29. Signage is to be in keeping with the historic character of the City Market and must meet the
following criteria:
Materials: Wood and metal are considered to be appropriate materials. Plastic may be used
provided that it looks like one of the acceptable materials. Internally- illuminated plastic faced box
signs will not be acceptable;
Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'-
Q" length), or one projecting sign on each aisle -side that identifies the business by name and type;
Bench -top Signs: These signs are the preferred primary form of signage. They must be
located Ito 2 inches above the top rail of the bench, and should display the business name. They
will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted,
composed of individual raised letters, or lettering cut into the material and painted a contrasting
colour. The rear may not be used for signage over another tenancy;
Projecting Signs: Projecting signs may be used and shall be constructed as two -sided
signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall
be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide:
Only one per tenancy per aisle side shall be permitted as Business identifications;
Lighted Signs: Not permitted;
Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be
permitted. They may not exceed $.5" x 1I" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
128
Myll
IV6- Awibariaed Debltwig Pam
`1% CRY of Mat john i® plwqd to be able to
cfkr City biarke Tate> u a monwy drr�
pkMwt option for paymcat of City Motm mt.
We hove that the fin is
how - cr, please caff us if yen have sixty questiom
dk
IUi City of Saiat JdM_ _ cut h> use
Aux r},����dwu. na=W mumapol,� `�
P de i"'a�' lam' bmL3ttim
mmmd Ammmatw Tear losw tau mzcu
municapal.
Mow eq6m= quo cc famulvira est cL*,
tout d* si vow mw des queetioz,4
Wwsitez vas A now fi ler_
I (W al-I (306) 652-L"17 I
Man M in and n t m this fo® to The City
of Saint Jobn Win acrd Collections office
with a VOID cbmque (fu account vaificatim
PNPWN).
vmimmmmP&ei rebaurnar loptsmthmWeim
slat inuem do la fictmgim et de is pomeptimt
de The City of Sam. loam avice on cnnmu, p in
meshes 4ANI*iUTA) (9= fms de vim' avow cht cempie�
vwd, / iwlwus,
Notes / Nam:
Addrm / J1finwse
3'mvinao :
Peal Ca3e
/ Ville :
/Cobra":-
�e�► irrtir�rw��tw ,�n��rare+r+rt*�,,:rrar�isk w�a+ta�ra�ww
AUTHf)RM
°;aiTl'IiA=,/ vM] l�_+0ms
t�+ r.:+ Fwae+ rr�r�rxt�r�war�r�* �r�rs��ra�a�+ +�+�# *a�rr��,��rrt�r+�►r�r,teR�
Tki-D Chymr sNkxtJDr,
r" city ofsid"job�%
P.O. l= Wk Smiort JfAn4 PTS, J£2L 4 LU
C.P. DT4 6-it 35bN Yri.•Vt M 4L%
to dalt notwr
O Coldoc
AccountO
/ br de
bddat/&h6UCM,j_d:
Brest Aftaev / Admae de la mem ab
T=w�t :
i%r at FwP0,;0 orpyr t of mau t eta
:ins two dv pt14, rot WeRad 4% Wye ds mud d
psyslat maaft
auuuidpa
I WG biro rldd j9d mood &a C
Jwhmm amain In c-3 oonso$ lea UUM
of dds xWhostmdb2 .
da
si
Baw :
�
Data
GFor jobt accoa^ all dgmskm mM sign
if mn ua dean eme side in rwPhed on
&qm Wawa *Flhst the Moamt.
Nooc V a copy of this cow4ddod Fami L mquh4
ptt� ia�tm acct sae.
*Fn cc clan emnaam ha a=Vft camdol^ si phu
dues Ap4tam ad rogvlsa w 1rs. aLb rm hints & oa
wmptu, Doan la d4wlzh6&feat d pw.
14oba : Si vows d6i= obw4r uja cqk dap &rw
&mulma d&win r=Vk mUls on avierr satin bwem
"Vwr Al Vww0**
129
MR MS AND COMMONS
ilW� will � LYtyof S�:diaiin Billies �d
Colloo*m d6wo, in vddp& of wW cb in t>ro
infion1don or omnhwa n offt aw&ummfim
at laut dft (30) dRY5i pdar to the rzapaymh#
dAL
Dwe r H that an of Viis
tkadom cot affixt myhsr dougrbm to
P&' fcr Sec, (r smvicft conmtaed f+mOwitb Tha
C hyof 6,1 Yoh,
My1tw fiiw ijay, '-A treat &�& debit as
iflUal Ud PMMMY Miud, Widen ddtwtk m
UW COY Of SJU Jobe. W debit the
Mount (a) qwffif4 to mytottr acaooat aw
mood 2" d;r t Wym �,w drama in
IM undmtmd tat my dUft diasW to
myfbmk, i;ce aat zvm bs rc)� 3 ie
VMS mot &AM jA aim
.r440 gmmmamm nw Z am oaea RMMMIcw; or
ft dd t vms poked to the aaro ft ri=mes duo to
imJi4&000arect aim iafarlDEtiM bWpIiod by
60 Hmm & Caused= otBve, Tha City of Saint
by OW102 woe In wrlti- to mylow bCz=h of
acoowt vvhm mmty (90) days of fL -debit to
mytout wcount
The aty Of Saint Jobs WM dWU9 S10.00 for G,Jj
tmadcdon rdwm4d or bkm SuffieftrA Ponds
VwC ,acimawwo that davary Ofd& boa
to The City of Saint kba coadftua deln y to
my fi&UALti Win.
VWC wnad fiat *9 pm am a show aigou-
mm rtxp*d to sin up on tibia account have
dpod tits, "tmiw"
secs W.
The City of Sint M m ;om NOT Am or
saD its Cuot Bets. einy ila=ndm provided
h"k v1 U used only for the above -notes
pest, and fo, no other purpose.
Yca sib tit thie form is your
for 110 pity of Saint Jahn to
wc� his inibinmOom If you hen zny
gnostiosur about this ate, pleaw do not
hedbda io till 652 -19M or
tho City SOHCitar% ut (SW 659 -2960.
MODAUTts XT CoNDmONS
ez4n2dom et da I& POMCP&M & rao city of Srhu Jahn.
ds bout chgagment ippmw am r.-avisocawwr snr a
ate au. do k rd do aft won, xm =big
Umk (30) lama avunt 1n data to p
&- �n �w
n'4al`na Often w tie P- er IN pedWb on
Nmvioes sau cozw pow an AVW The City of Saa john.
hiowwft ikon tam tadtta
prE &mmat bmcdm ooam¢d jp, W,*m
Iw =pant 4.aic arts fad &AMU'WA r w Cky
Of Saint %1m is eAfter 1e(e) mss) tea) de
trwat wft WIMNO ct db n'CW pu k Wdffce qw Im
JD oampuwsiout coffv 40 tm l Utma
b2malm de ralnaf, "m ramboersb:j :
oe pwmvslmvma'a.pa;�W
;Olt
oa P=ent a 69 COWW6 du oiouvads COMI& ten
rAm, de rG&aFkmkUjft Aqw 1e cmqti invaUdes On
bm&6 par Its Egram do It &zbDdn et da Ia.
pMCE.Ifim & 7b ON of TADm
en dammnt mr we &eit t mahwft eoocastaio
bunmik . dsa Im quatu M t that ( ) jou
suivaot 1a zee de man/ao m coal*--
110 City O f Grp► i.,a,. A � :v v -
am
i DtS rte 2G rJ�i€�S7 d'kVdftmDe do Am&
Wonft*sm giean acoamw eert'.a
a --d m x Tha City OfSaint%bw. Jo 1'ammIldna"
1'ucoardm, 41 momhu»re iamwm llnmdka.
k Wr nVw Vr-&Wm va kdLs k-m pamm*s
dorm h ai +x Cat F.JWU drat COX40 Oat sip t6
Lpzt -zte UAML fi,=
** .`she . at Ia vk; pri ,,
The City of Saint Toha I x7. rm"N�a pw at nw VOW
prs sa listo do dimb . Touk c n Vii,
dscakmmuL-x* tsm
fts dftibw a -c6,;6 . Yntm ai $ Sur cc
fomuww rtvhvtft VOW man 6 ca quo
Ti0: ChY of SWW John emeffistre 2'hOmmudw qui
yOcamiteam Sivataavez dca quzAiam=
propm & Cam eft mwca, 8'W l I�
mmposw It 652-1957 an it star ib bumm do
1'svomt n mwchlsl = (5m) 655 -2m.
130
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, Soo Young Jeon, 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 President of S.K.Y. Jeon Inc., the Lessee named in the foregoing
instrument and have custody of the corporate seal of the said company and am duly
authorized to make this affidavit.
2. THAT the seal affixed to the foregoing ag=mcnt and piuporung, to be the
corporate seal of S.K.Y. Jeon Inc., is the corporate seal of the said S.K.Y. Jeon Inc., the
Lessee named in the foregoing instrument and it was affixed by the officer authorized to
so affix the seal.
3. THAT the signature "Soo Young Jeon" subscribed to the said instrument is my
signature and as President I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John in
the Province of New Brunswick on the 2.1 tr day of "'"6},.,. - , 2012.
SWORN TO before me at the City of
Saint John, in the County of Saint
John and Province of Nov
Brunswick, this • .'l `" day of
2012.
Cossion of Oaths
wing a S citor
131
Soo YouyWn
.1 I
I
'r
n,
e ..
The City of Saint John
Mayor Mel Norton
Mayor's Office
Bureau du ;naire
PROCLAMATION
WHEREAS: the Canadian Cadet Movement provides a dynamic
and structured program available free of charge to
youth across Canada; and
WHEREAS: Greater Saint John's seven cadet organizations: the
268 Bras d'Or, 9 Rodney, and 311 Halifax Royal
Canadian Sea Cadet Corps, 1777 and 1691 Royal
Canadian Army Cadet Corps, 527 Simonds and 161
CK Beveridge Royal Canadian Air Cadet Squadron
have fostered the development of our youth; and
WHEREAS: Saint John area Cadets continue to be active and
responsible members and leaders in this community;
and
WHEREAS: the City of Saint John wishes to demonstrate the high
esteem in which the Canadian Cadet Organization is
held by its citizens;
NOW THEREFORE: I, Mayor Met Norton,,-�----1 of the City of
Saint John do hereby proclaim the week of September 16th- 22nd,2012 to
be Cadet Week and urge our citizens and all agencies and organizations
interested in taking part in this event to support Greater Saint John's
Cadet organizations.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
4�- ----
SAINT JOHN P.O. Boat 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn,ca ; C.P. 1971 Saint John, N. -B. Canada E21- 41-1
132
A cr�
--3 n a�,
. IZe2an,� Are 1'c�`�{ al
Att, U J Zqr 7a 1 z
j� Utei' a �- �aTa\A�
qj 3(7
a Q 111-
133
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 317 CITY LINE
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 Chamber on Monday, September 10,
2012 at 7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 912 square metres, located at 317
City Line, also identified as being PID No.
00386193, from "R -2" One and Two Family
Residential to "RM -1" Three Storey Multiple
Residential.
REASON FOR CHANGE:
To permit two apartments and a rooming house in
the existing building.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 317, LIGNE CITY
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'6tudier la modification
suivante a 1'arret6 sur le zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du conseil le lundi 10
septembre 2012 a 19 h:
Rezonage d'une parcelle de terrain d'une superficie
d'environ 912 metres carr6s, situ6e au 317, ligne
City, et portant le NID 00386193, de zone
residentielle- habitations unifamiliales et
bifamiliales o R -2 o a zone d'edifices a logements
multiples de trois Rages «RM -1 ».
RAISON DE LA MODIFICATION:
Permettre deux logements et une maison de
chambres dans le batiment existant.
Toute personae int6ress6e peut examiner le projet
de modification au bureau de la greffiere
communale ou au bureau de Purbanisme et du
ddveloppement a Fh6tel de ville au 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf les jours f6ri6s.
Veuillez faire parvenir vos objections au projet de
modification par 6crit a ]'attention de ]a soussign6e
A 1'h6tel de ville.
Si vous avez besoin des services en frangais pour
une reunion de Conseil Communal, veuillez
contacter le bureau de la greffiere communale.
Elizabeth Gormley, Greffiere communale
658 -2862
134
BY -LAW NUMBER C.P.110-
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 912 square metres, located
at 317 City Line, also identified as being
PID No. 00386193, from "R -2" One and
Two Family Residential to "RM -1" Three
Storey Multiple Residential
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2012
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -
ARRETE MODIFIANT VARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
d6crdt6 ce qui suit :
L'arret6 sur le zonage de The City
of Saint John, d6crdt6 le dix -neuf (19)
d6cembre 2005, est modifi6 par:
1 La modification de 1'annexe <<A)>,
Plan de zonage de The City of Saint John,
permettant de modifier la d6signation d'une
parcelle de terrain d'une superficie
d'environ 912 metres carr6s, situ6e au 317,
ligne City, et portant le NID 00386193, de
zone r6sidentielle- habitations unifamiliales
et bifamiliales << R -2 » a zone d'ddifices a
logements multiples de trois 6tages << RM-
1»
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du pr6sent
arrdt6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2012,
avec les signatures suivantes :
Common C1erk/Greffiere communale
First Reading
Premiere lecture
Second Reading
Deuxi6me lecture
Third Reading
Troisi6me lecture
135
Planning
Advisory Committee
August 23, 2012
Your Worship and Councillors:
SUBJECT: Proposed Rezoning
317 City Line
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
On August 13, 2012, Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its August 21, 2012 meeting.
The applicant, Mr. Serge Ethier, was present and explained to the Committee that
based on the opposition to the proposal from his neighbours, he would agree to
withdraw the application and work with staff to explore other opportunities with
his property. As a result, the Committee did not make a recommendation with
respect to the proposed rezoning.
Respectfully submitted,
Eric Falkjar
Chairman
FS
Project No. 12 -206
136
The City of Saint John
DATE: AUGUST 17, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF AUGUST 21, 2012
PREPARED BY:
Stace , MCIP, RPP
P1
SUBJECT:
Name of Applicant: Serge Ethier
Name of Owner: Serge Ethier
Location: 317 City Line
PID: 00386193
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Municipal Plan: Stable Residential
Zoning: "R -2" One and Two Family Residential
Proposal: Rezone the property to "RM -1" Three Storey Multiple Residential
Type of Application: Rezone the subject site to "RM -1" Three Storey Multiple
Residential and approve variances to:
i. Reduce the minimum off - street parking requirement of
eight spaces to six;
ii. Reduce the minimum lot width requirement from 22 metres
to approximately 17.5 metres; and
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 , wwwsaintjohn.ca C.P. 1971 Saint John, N.-G. Canada E2L 40
�� 137
Serge Ethier Page 2
317 City Line August 17, 2012
iii. Reduce the minimum bachelor unit size, for the units
located on the first and second floor, from 32 square metres
to approximately 24 square metres.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed amendments to the Zoning Bylaw. Common Council will consider the
Committee's recommendation at a public hearing on Monday, September 10, 2012.
The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable
variances from the requirements of the Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
That the proposed rezoning and variances be denied.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments:
• It is assumed from the application that there will not be any changes to the existing municipal
services to the building. If any changes are proposed, this Department must be contacted for
further review and approval.
• A City approved water meter and appropriate backflow prevention must be installed by the
owner.
• All required parking should be provided for on -site.
• Detailed site (including the location and width of any proposed driveways), grading and
stormwater management plans and design brief must be submitted by the owner's engineering
consultant to this Department for review and approval.
• The proposed increase in the number of residential units and boarding room units in the building
would result in this property no longer being eligible for municipal solid waste collection. The
owner would be responsible for providing all solid waste collection.
• The owner is responsible for obtaining all necessary permits.
Saint John Transit provides a high level of service to the corner of Woodville Road and City Line in
close proximity to this location.
138
Serge Ethier
317 City Line
Page 3
August 17, 2012
Buildings and Inspection Services have indicated there are concerns with this property and have
provided the following comments:
■ Any work that has been performed since 1996 has been done so without a permit.
• We have no information as to exiting, fire separations, fire alarm system, plumbing or electrical
deficiencies, among other unknowns with this property that is actively being used to house
citizens of our community.
• Should this property be rezoned, 3rd reading should be held until a complete code review of the
property is done and any deficiencies are corrected.
• It appears from a limited review that a significan t amount of work will be required to meet the
standards of the National Building Code, and other applicable regulations.
• The plans submitted are not adequate as they are incomplete and not dimensioned appropriately.
Saint John Fire Department has no objection to this application provided that compliance with all
applicable regulations are adhered to, including but not limited to the following:
• Fire separation within the building units satisfies the requirements of the National Building Code
of Canada and the National Fire Code.
• Fire separation between buildings satisfies the requirements of the National Building Code and
National Fire Code of Canada.
• Required exit doors shall open in the direction of exit travel and shall be operable from the
interior without the use of keys, cards, special devices or specialized knowledge of the door
opening mechanism.
• Smoke Detectors AC/DC are to be installed in each dwelling unit and be connecting to the
buildings Fire Alarm System.
• Approved, portable, wall mounted fire extinguishers are required. As a minimum the type, size
and location of extinguishers shall conform to NFPA 10.
• Smoke alarms shall be installed as per the 2010 NBC requirements. Hardwired (electric)
complete with battery backup are required in each bedroom and outside each bedroom, between
the bedrooms and the remainder of the apartment.
• All sleeping rooms/bedrooms require an exterior operable window conforming to NBC 9.9.10.
• Continuously illuminated exit signs are required at exits and as necessary throughout the floor
area to clearly indicate the direction of exit travel. Signs shall conform to 2010 NBC.
• AC/DC emergency lighting is required for exits and access paths leading to exits.
• Any garbage enclosures, garbage dumpster, storage sheds shall be located a minimum of 6 in
(20Feet) from this or any other building.
• A fire safety plan is required upon occupation of this building and it shall be acceptable to the
Saint John Fire Department.
• Plans must be submitted to the Department of Public Safety for review.
• Prior to occupancy, a full inspection must be completed by the Saint John Fire Department Fire
Prevention & Investigation Division, contact number 658 -2962.
139
Serge Ethier
317 City Line
ANALYSIS:
Site and Neighbourhood
Page 4
August 17, 2012
The subject site is located on the west side of Saint John, at the south -end of City Line Road, just north
of Lowell Street. The subject site is zoned "R -2" One and Two Family Residential, as are all of the
properties in the immediate vicinity of the subject site. An examination of the Service New Brunswick
records for the number of units in this neighbourhood indicate that the majority of residential homes
within 100 metres of this property are one and two unit homes with very few three and four unit
dwellings, and one 6 -unit dwelling.
There are three churches in the broader neighbourhood and some Light and Heavy Industrial lands to the
south -east near the waterfront. There are three sites in the wider neighbourhood that have been rezoned
in the past to "RM -1" Three Storey Multiple Residential; one located to the north -west of the subject site
at the comer of Woodville Road and Lancaster Street, and two located to the south -east of the subject
site at the corners of Lowell Street and City Line Road. This neighbourhood is considered to be quite
stable and opportunities to increase density have been generally limited to a few comer properties.
History of the use of the Property
Service New Brunswick records indicate that this two - storey, two -unit residential building was built in
1930. The Planning and Development Department files do not contain any information to indicate when
the building on the site became a rooming house with two bachelor units as there is no history of
applications to convert the property from "R -2" One and Two Family Residential. The Building
Department records indicate there was a Building Permit issued in 1996 to a previous landowner
however no indication the property was being converted to a rooming house and bachelor units. There
have been no Building permits issued to the current owner for any work that may have been done to
convert the property to what it is today.
There were two complaints in 2008 from neighbouring property owners with respect to this property
being used as a rooming house. An individual called the City's Building Department in June of 2012,
identifying themselves as a new tenant of the property, and filed a complaint indicating they did not
believe one of the bachelor units was legal. From this complaint, the City investigated and determined
that there is an eight room boarding house and two existing bachelor units. Due to the uses not being
permitted, the owner has since been issued two Notices for non - compliance. In order to address this, the
applicant must either cease operating the property as rooming -house with bachelor units, or apply and
receive approval to legalize the use through the rezoning process. Upon review of the proposal staff
identified variances that are needed to ensure compliance, however due to the quality of the submission
at this stage, it cannot be determined if additional variances will be required.
Should this application be approved, the applicant will be required to submit proper drawings for
approval including a site plan, landscaping plan, parking plan, drainage plan and interior drawings for
the Building Department (see staff comments for further detail). It would also be strongly recommended
that third reading of this rezoning be withheld until all deficiencies with this property are rectified to the
satisfaction of the Chief Building Officer and the Saint John Fire Department.
140
Serge Ethier Page 5
317 City Line August 17, 2012
Municipal Plan
The subject site is designated Stable Residential in the Municipal Plan which speaks to its location in a
long- standing residential neighbourhood in the City. The Plan supports rejuvenation, reinvestment, and
intensification in Stable Areas where it is at a scale and density consistent with the surrounding context.
In this case, the surrounding neighbourhood is primarily single and two - family homes, with only three
notable higher- density multi -units located on the periphery of this neighbourhood.
The Plan supports the development of boarding and rooming houses in appropriate residential areas of
the City, where they are in close proximity to major transit routes, community facilities and services.
The subject site is arguably in the middle of a low- density, stable residential neighbourhood that is not
appropriate for this level of intensification. This location is not in close proximity to community
facilities and services, not on the edges of this stable residential neighbourhood, and the proposed use
requires multiple variances to accommodate with the potential for additional ones subject to appropriate
drawings being submitted.
Zoning Bylaw
The proposed variances are for a reduction in the number of off -street parking spaces, lot width, and size
of the two existing bachelor units. The applicant has proposed to provide six off -street parking spaces,
one of these being in the front yard, where eight parking spaces are required. The front yard parking
space will not be permitted. The proposed five parking spaces in the rear of the property will require
removal of a significant portion of the rear yard and it is unclear, without proper drawings, if this will
require a variance to the minimum landscaping and amenity space requirement to accommodate.
The reduction in the minimum lot width is a result of the original narrow lot for this property and is
something that will not change the character. The reduction in the minimum unit size for the existing
bachelor units from the required 32 square metres to approximately 24 square metres cannot be
supported by staff. This community is not in need of rental units that are of a substandard size to
accommodate housing demands for citizens of our community who are vulnerable.
CONCLUSION:
The application for a rooming house and three bachelor units, two of which are a substandard size
according to the City of Saint John Zoning Bylaw, is not an appropriate use for this location. This
property is in the middle of a stable single and two - family residential neighbourhood on the west side of
the City. The proposed use is out of character for this neighbourhood and has, according to the
complaints on file, been a concern for a few years.
The rejuvenation of older neighbourhoods throughout the City is an objective of the Municipal Plan
however it must be sensitive to the neighbourhood context. Higher density uses, unless they are
neighbourhood -wide, are best suited to edges of stable residential areas. Given the historic use of this
property, the neighbourhood context, and the Municipal Plan intent for neighbourhood investment and
appropriate neighbourhood intensification, it is recommended that this application be denied.
Project No. 12 -206
141
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
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August 20, 2012
Planning Advisory Committee
City of Saint John
Planning and Development
P.O. Box 1971
Saint John, NB E2L 4L1
Dear Stacey Forfar,
This letter is in response to the letter regarding the Rezoning and Variances for 317 City Line.
I very much oppose the rezoning and variances to this property as we live next door with three
children under the age of 6. We live at 315 City Line which is right beside the property in
question. When we are on our back deck we can see their deck and back yard, therefor there is
no privacy. My husband and I are hardworking citizens and do not wish to come home after a
hard day's work to several people smoking and cursing on the 317 City Line property. We have
already once replaced our fence in attempt to provide some privacy from the never ending
changing residents at 317 City Line. I do not want to look at the proposed parking lot while
relaxing on my back deck.
Their driveway runs along the side of our house, so we hear all the noise from the traffic running
by our bedroom windows and the sound of car doors being slammed shut all hours of the night.
This has at times woken our children and is very unwelcomed. As it is now, there are taxis
honking their horns into the early morning and into the late of night. If the variances and
rezoning are permitted this traffic noise and pollution would only increase.
This is very much a family orientated neighborhood and it comforts me knowing who my
neighbors are. With the constant change in borders, it's difficult to keep track of whether or not
the people near our home are strangers or residents. The police have already been called to 317
City Line due to a problem with one of the residents and this very much concerns me, the
welfare of my family, and of the security of my home.
St. Patrick's Elementary School is just down the street so there are many families with small
children who live all around the 317 property. Allowing 317 to become a boarding house would
have a negative impact on the dynamics of our family orientated neighborhood. We need to
ensure the safety of not only our own children, but all the children who walk by 317 City Line on
their way to school or to get to their school bus stop.
I am fearful that allowing the suggested changes to 317 City Line will decrease the value of my
own property and will make selling my house in the future very difficult. I want to feel safe in
my own house and in my neighborhood and will no doubt feel forced to move if the Rezoning
and Variances are passed. I contribute enough through taxes to live on a street wihtout a
boarding house.
153
We have excellent tenants and would like to keep them but they too have been annoyed from
time to time with the noise that comes from out neighboring 317 property. There is one man who
hangs out his window and watches everything that's going on or hollers down to talk to the
others on the deck. I believe in being friendly to your neighbors but having someone out on that
deck all day and night leaves little room for privacy, and in all honesty, is a little creepy.
I wish I could attend the August 21st meeting, but due to unfortunate circumstance, I will not be
able to attend. I do intend on being at the meeting on September 10, 2012. Feel free to contact
me at home (657 - 1661), if there are any questions regarding my letter.
Sincerely,
Beverly Janes
154
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Flecknell, J1111an
From: Corinne Ann Coes -,ccoes @hotmail.com>
Sent: August -16 -12 11:53 PM
To: External - Planning
Subject: Re: Rezoning and Variances - 317 City Line
Attention: Stacey Forfar
I am writing this email to express my opposition to the rezoning of 317 City Line from "R -2" One and Two
Family Residential to "RM-1 " Three Storey Multiple Residential. My husband and I own a single family home
on City Line. As property owners, we strongly object to this proposal on multiple fronts. First and foremost, as
a young family we are extremely concerned by the proposed existence of a boarding house just steps from our
front door. Boarding houses are synonymous with transient populations. Transient populations inescapably
have a negative impact on the communities in which they exist by diminishing the overall quality and safety of
the neighbourhood. Unlike the surrounding property owners, habitants of boarding houses have no invested
interest in the community in which they are residing. This lack of concern coupled with other behaviors
associated with the transitory lifestyle does not blend well into a family- oriented community. To introduce this
form of living to our quiet, residential neighborhood would demonstrate a complete lack of regard for its
current members. In addition to the obvious disruption the rezoning of this property would bring to the quality
of life in our neighbourhood, by approving this proposal the Common Council will simultaneously degrade
current property values and open the door for further neighbouring structures to undergo similar transitions.
Furthermore, to even entertain the request of a property owner whom is already in direct violation of current
zoning legislation sends a clear message that blatant disregard for property laws is not only not enforced, but is
rewarded. This is completely unacceptable.
As established members of this community, we feel it is not only our right but also our responsibility to uphold
the quality of life in our neighbourhood. We therefore strongly object to the rezoning of 317 City Line. It is our
request that this email be shared with the Planning Advisory Committee meeting on Tuesday, August 21, 2012
and also with the Common Council on Monday, September 10, 2012. Also, as per our discussion on August 7,
2012, we would like a copy of the staff report from August 17, 2012 as well a follow -up telephone call
following the Planning Advisory Committee meeting. We can be reached at 506- 609 -1219. Thank you for your
attention in this matter.
Sincerely,
Pierre and Corinne Coes - Theriault
158
0811612012 14:10 50GS365317 TN4PAYER SERVICES PAGE 02/02
Planning and Advisory Committee
City of Saint John
Planning and Development
P.O. Box 1971
Saint John NB
F21-41
Darlene Good
319 City Line
Saint John NB
E2M 1M3
Rezoning and variance of 317 City Line
IN
I am sending in my views on the above -noted subject in response to the letter I received dated August 3, 2012. As the
immediate neighbour, I am quite concerned about the possibility of 11 different individuals living next door to me.
When a family occupies an apartment, they operate and function as a unit, in this case, there would be 11 different
individuals operating individually
My property borders on the larger driveway and yard side, and vehicles coming in and out, especially later in the
evening and earlier in the morning, can be disturbing. This would only be magnified as the number of people in
residence increases
I am also on the side with the direct access to the yard and side door, which is where the current individuals
congregate to smoke, and which border my bathroom, kitchen and living room windows. The more individuals who
live in the units, the more that would be congregating; in this area. There isn't a lot of space between the houses and
the property lines as they were established long ago, so if someone is in a yard, you are visible from within your
house every time you pass by your window, as they are every time you glance out your window when you pass by,
These are all imports nt and specific reasons why I oppose the rezoning, but I have to say my most vehement
opposition is to the establishment of the boarding house. If this was a rezoning to establish a 4 unit apartment from
the current 2 family apartments, then I would not be forming any opposition. There is a difference between renting
out an apartment versus renting out a room.
We are located in a family orientated neighbourhood; there is an elementary school at the end of our street that
many children walk past our residences up to four times a day to attend. The children who attend middle school
either walk by to the school or walk by to catch their school bus twice a day. The bus stop for our high school
children, whether school or city bus, is less than a block away, and only 4 houses away. There are a lot of children,
just for school purposes, of many ages, passing by on a regular and recurring basis.
This part of our neighbourhood has single and double family residences for these reasons, There is a park behind us
and a rink around the corner. If a residence is a double family, most, if not all, of them in a cluster of houses, are
owner occupied. By having the owner on -site, it adds a quality of behaviour to any tenants that occupy the other
portion of the property
The people who move into our neighbourhood are looking for homes, somewhere to stay for a while. Our
neighbourhood encourages this with the amenities that are close by, so whether you want to own or rent, have
children or not, are above or below the poverty line, they are looking for a home. The rezoning of 317 City Line to
roomsfor rent will attract people who are looking for temporary space to live, not a home, and that will adversely
affect the q ality of life in the
"/&1_, W
159
Lockhart, Lynda
From: JodyandRaymond <jrljoyce @nbnet.nb.ca>
Sent: August -14 -12 9:20 PM
To: External - Planning
Subject: rezoning and variances 317 city line
Dear planning and advisory committee members,
I am sending this email to express my concerns regarding the application to rezone our
neighbouring residence to allow for it to OFFICIALLY become a boarding house as well as single
room apartments. As you may or may not be aware it has been operating in this capacity for
some time now. This is an area of the city that is very family orientated. Playgrounds, schools and
rinks cater to the children's recreational needs. I strongly feel that the neighbourhood is totally
inappropriate for a boarding house zoning. People coming and going at all hours of the day and
night ... moving in ..moving out. The tenants that are in our neighbourhood stay-for years! The
majority of the houses are single family or multi- family living together in one house unit. As this
property always had been. Parking on the street is very limited already and disastrous in the
winter, with no on street parking, to say the least. The property this is concerning is not well
maintained now... lawn left uncut, shrubs and flower beds now left to it's own , fencing falling
down, siding hanging ... sure to get worse with more people coming and going.
If you would like to speak to me personally about my being not in favour of granting permission
for the rezoning of 317 city line,under any circumstances, you can contact me at my home
number 506 672 -6444. Raymond L Joyce
ffie..•• 4 �t .r*yy
• n 1 `i�l
. - 1
f
160
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 80 KIERSTEAD ROAD
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 Chamber on Monday, September 10,
2012 at 7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 1636 square metres, located at 80
Kierstead Road, also identified as PID No.
00413799, from "1 -3" Light Industrial Park to
"H.,-1" Neighbourhood Institutional.
REASON FOR CHANGE:
To permit a group care facility for a maximum of
14 adults within the existing building.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 80, CHEMIN KIERSTEAD
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'6tudier la modification
suivante A 1'arretd sur le zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra daps la salle du conseil le lundi 10
septembre 2012 a 19 h:
Rezonage d'une parcelle de terrain d'une
superficie d'environ 1 636 metres carr6s, situ6e au
80, chemin Kierstead, et portant le NID 00413799,
de zone de parc d'industrie legere «I -3 » A zone
de quartier A vocation collectif « IL -1 ».
RAISON DE LA MODIFICATION:
Permettre un 6tablissement de soins en groupe pour
14 adultes maximum dans le batiment existant.
Toute personne int6ressee peut examiner le projet
de modification au bureau de la greffi6re
communale ou au bureau de 1'urbanisme et du
developpement a ]'hotel de ville au 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf les jours feries.
Veuillez faire parvenir vos objections au projet de
modification par 6crit a ]'attention de la soussign6e
A Ph6tel de ville.
Si vous avez besoin des services en frangais pour
une reunion de Conseil Communal, veuillez
contacter le bureau de la greffiere communale.
Elizabeth Gormley, Greffi6re communale
658 -2862
161
(aussi dispanible en frangais)
Type of Application
Contact Information
j
Mailijilv Address of Applicant (witi? Pc al Code)
-3A
a
.Aowe'reier',one N -mber Nura;x,-
P1
Fax Number A-
.2,-11-ail
Address (w'..h Pos:af Coc'e)
Property Information
Vozation
-xhsdno I's e o 7--1•-npvry
-d rc -ri.,
Exis.ing zcaing of
P-ope— ro pa-,d ZorL,, ji'?nner-
Description of Application
Dewri ne wh-V you prc,33%4 -,o io �atdct add tonal pars if
NOTE: !:ft; applickrt is NOT tkz own-,r, Cite s .pigiatvr. x (in wr;ting) la submit j:1j. I ficati.jE it
required.
7 -k sigrxu.-e or over JUL 0 6 2012
$ignatur,- Q�Applicpnt
Date Date
. .. .. ...... ............
For Office Usj O2w/ N" SAYKJP
162
Nivncipa. P!ar Amendmen<
Suodv-1siin
Si..-HFF C( —.P�tialc Ub.;
Zoning B.c-law.krnmuni-:-t
Variance
r nroc ar Uw
Amendm-r.. to Swim 39 Con6iticrs
Cordkiollal!,s-
Ch..n-f,
Toning Confirmation LL-,;_T
Nat-confonT.ina J,e
Contact Information
j
Mailijilv Address of Applicant (witi? Pc al Code)
-3A
a
.Aowe'reier',one N -mber Nura;x,-
P1
Fax Number A-
.2,-11-ail
Address (w'..h Pos:af Coc'e)
Property Information
Vozation
-xhsdno I's e o 7--1•-npvry
-d rc -ri.,
Exis.ing zcaing of
P-ope— ro pa-,d ZorL,, ji'?nner-
Description of Application
Dewri ne wh-V you prc,33%4 -,o io �atdct add tonal pars if
NOTE: !:ft; applickrt is NOT tkz own-,r, Cite s .pigiatvr. x (in wr;ting) la submit j:1j. I ficati.jE it
required.
7 -k sigrxu.-e or over JUL 0 6 2012
$ignatur,- Q�Applicpnt
Date Date
. .. .. ...... ............
For Office Usj O2w/ N" SAYKJP
162
Tabatha Hearn,
2012 -07 -03
To Whom it may concern:
Subject: Letter of Intent
I intend to operate a 14 bed level 4 residential facility at 80 Keirstead road saint john NB.
I am currently operating a 6 bed level 4 residential facility on 179 Adelaide street. I have been in
operation since November 27, 2011. In my past work experience I have been a supervisor of 15
individuals and 30 support workers. I have operated up to 5 group homes myself for years.
Group homes are small, residential facilities located within a community and designed to serve
children or adults with chronic disabilities. These homes usually have 6 to 16 occupants and are
staffed 24 hours a day by trained caregivers.
The home runs with rules and regulations. Residents are to follow programs and house rules.
Staffs administer pills and pre -pare meals. The residents are expected to complete a daily chore,
attend work/ day programs, maintain good hygiene as well as respect co- residents and staff. The
home has 4 staff on each shift; shifts are typically 8 -4 and 8 to midnight and midnight to 8. The
standards and procedures for adult residential facilities dictates in section 5.7 staff ratio on the
overnight must have one to nine for the eight hours of the night and one to three plus 6 hours for
each additional resident for the remaining 16 hours. A group home is run by meeting all
standards adhering from the department of social development in the facility.
As a staff you must have a human service certificate, LPN or PSW. Staff must also maintain
other certificates such as first aid/ CPR, CPI, lift and transfer, WHIMS, food prep handling and a
criminal record check. Also before beginning all staff must complete a med orientation and a
medication practicum before handling any medication. At this facility we do bring in a VON for
foot and finger care. Clients see a medical physician monthly for a check -up in addition clients
also see there physiatrist typically from 2week -6 weeks apart. We also have mental health
worker that are assigned to each resident the operator of facility has open contact with the mental
health worker sometimes daily as the case load requires. Operator will be in contact with all
health workers to get all details on appointments / visits. In addition to the regular scheduled
visits when the need a rises the home will make contact and have resident seen immediately.
163
Any private home, business or residential group home can face challenges with the community
however; it is not a given education often meets any and all needs or questions. In our current
situation we have had nothing but positive interactions, feedback and support given to us from
our immediate community. The location is such that we are a fair distance away from any other
residence, business etc. We are set apart so that we will not disrupt any others rights. ( only 2
business within our radius)
A group home helps individuals with unique needs to thrive and be a part of the community.
Within the home we help with bathing, budgeting, medication, transportation, job searching, and
meal preparation, maintain good behaviour, helping with conflicts, attending appointment as well
as supporting residents in their own decisions. To become an active contributing member of
society.
Individuals who live in a group home are persons with special needs/ mental illness who require
special support from highly skilled/ educated staff members. These individuals require unique
structured training environment, predictable outcomes for consequences to thrive and becoming
active in their community and feeling the joy of personal success.
The government supplies a standard pre diem amount per person depending upon their level,
range is subject to change. However this location will only be open to level 4 at this time
Each group home must follow the guidelines within standards and procedures for adult
residential facilities specific to section 4 environment and security includes 4.1- 4.6.Each home
must have a client bedroom, kitchen, living room/ TV recreation room, dining room, washrooms
(2), laundry room ,office and in this particular home we will be having a quiet room/ calming
room. This is a great assist when dealing with this type of population, therapeutic.
There is a huge need for group homes that can provide care for youth in transition that can
provide (quality trained care) .the need for such a facility with the ability to provide a community
based residence with uniquely trained prepared staff is a must in allowing residents to try and
even thrive in a community based setting compared to life in an institution. These Staff
members who are uniquely educated trained and experienced who understand the specific needs/
challenges and how to fulfill them.
164
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BY -LAW NUMBER C.P. 110 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 1636 square metres, located
at 80 Kierstead Road, also identified as
being PID No. 00413799, from "I -3" Light
Industrial Park to "IL-1" Neighbourhood
Institutional
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2012
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrdtd sur le zonage de The City
of Saint John, ddcr6t6 le dix -neuf (19)
ddcembre 2005, est modiid par:
1 La modification de ]'annexe <<A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 1 636 metres carres, situde au 80,
chemin Kierstead, et portant le NID
00413799, de zone d'ddifices it logements
multiples de trois dtages « RM -1 >> a zone
de quartier a vocation collectif « IL -1 »
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du present
arretd.
EN FOI DE QUOL The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le 2012,
avec les signatures suivantes :
Common Clerk/Greffiere communale
First Reading Premiere lecture
Second Reading Deuxieme lecture
Third Reading - Troisieme lecture
166
Planning
Advisory Committee
August 22, 2012
Your Worship and Councillors:
SUBJECT: Rezoning Application
SO Kierstead Road
P.Q. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada 32L 4L1
On July 30, 2012 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its August 21, 2012 meeting.
City of Saint John
Ian McCoy was in attendance at the meeting on behalf of the purchaser, and was
in favour of staff's recommendation. Mr. McCoy stated that the proposed group
care facility addresses an existing need in the community, and reinforces the goals
established by P1anSJ with regards to building "complete communities ". Mr.
McCoy indicated that rezoning the subject property was required prior to
initiating the application with the provincial Department of Social Development.
In speaking of the proposed group care facility, Mr. McCoy explained that the
residents of the facility would be young adults with mental health issues.
Although the residents are in need of special care, they have reached a stage in
their development where they are able to live in a regular community setting.
Some residents will have part time jobs during the day, while others will be
involved in off -site programming facilitated by the operators. The group care
facility would require one staff member for every three residents. Mr. McCoy
added that the care provided would be 24 hours a day, seven days a week.
The Committee asked Mr. McCoy if the residents would be supervised even when
leaving the property, and whether the site had adequate parking for the proposed
facility. Mr. McCoy responded that the residents would always be supervised and
that the site has ample off - street parking.
Tabatha Hearn, the manager of the proposed group care facility, appeared before
the Committee to speak to the recreational programming for the residents. Ms.
Hearn commented that the building has two large open areas on the main floor
that will be used for several purposes, including training purposes, games room
and a general living space.
Gary Vincent, the applicant's realtor, appeared before the Committee and added
that the building has been sitting vacant for a while, and suggested that the
proposed facility would be a good re -use of the property. He added that the
building has plenty of space on the second floor to house 14 residents.
167
-2-
Yang Fu, the current owner of the property, appeared before the Committee and
reiterated that there is ample amount of space in the building to accommodate the
proposed use.
George Callow, an area resident of the neighbourhood, appeared before the
Committee and expressed concerns with the application. Mr. Callow expressed
concern regarding transporting residents of the proposed facility in their personal
vehicles. He also expressed concern with the lack of access to public transit in the
immediate area, and the lack of sidewalks along Kierstead Road.
Ron Hooper, an area resident of the neighbourhood, appeared before the
Committee to express his opposition to the proposed rezoning. Mr. Hooper felt
the site had drainage problems, the building would be overcrowded, and that the
building is quite damaged from the lack of maintenance over the past five years.
Ron Lease, an area resident of the neighbourhood, appeared before the Committee
to express his concerns with the application. Mr. Lease noted a lack of pedestrian
infrastructure in the area.
Ian McCoy re- appeared before the Committee to address the concerns made by
the community members. Mr. McCoy stated that the provincial requirements
regulating group care facilities are stringent and would result in satisfying any
concerns expressed by the community with regard to the size of the building, the
number of residents and the suitability of the site. He also stated that the operators
of the proposed facility intend on addressing the drainage problem on the site by
installing the required curbing.
After considering the report, the four letters received, comments made by the
applicant and the concerns expressed by area residents, the Committee
recommended approval of the rezoning of the property, subject to the conditions
set out below.
RECOMMENDATION:
1. That Common Council rezone a parcel of land with an area of
approximately 1636 square metres, located at 80 Kierstead Road, also
identified as PID NO. 00413799, from " "I -3" Light Industrial Park to "IL-
I" Neighbourhood Institutional.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the use of a parcel of land with an area of approximately 1636 square
metres, located at 80 Kierstead Road, also identified as PID NO.
00413799, be subject to the following conditions:
a. The proposed group care facility is limited to a maximum of 14
residents; and
b. The required concrete curbing be installed and verification
provided by the owner's engineering consultant that the catch
.:
-3-
basin and drainage swales have been constructed as per the
approved plans.
c. The zoning of the property be reverted to the previous zoning
should the application for the proposed group care facility be
denied by the provincial Department of Social Development.
Respectfully submi
Eric Falkj
Chairman
JK
Project No. 12 -202
169
DATE:
TO:
FROM:
FOR:
PREPARED BY:
Jody Kliffer
Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
SAINT JOHN
z
AUGUST 17.2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING PLANNING AND DEVELOPMENT
MEETING OF AUGUST 21, 2012
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
Sunstar Ltd.
Sunstar Ltd.
80 Kierstead Road
00413799
Stable Residential
Existing, "I -3" Light Industrial Park
Proposed: "IL -1" Neighbourhood Institutional
To establish a group care facility for 14 residents.
Rezoning
P.O. Box 1971 Saint john, NB Canada ER 40 I www saingohn.ca I C.P. 1971 Saint John, N-9. Car,ada E2L 4L1
170
I
Sunstar Ltd. Page 2
80 Kierstead Road August 17, 2012
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation
will be considered by Common Council at a public hearing on Monday, September 10, 2012.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council rezone a parcel of land with an area of approximately 1636 square
metres, located at 80 Kierstead Road, also identified as PID No. 00413799, from 1 -3" Light
Industrial Park to "IL -1" Neighbourhood Institutional.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel
of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also
identified as PID No. 00413799, be subject to the following conditions:
a. The proposed group care facility is limited to a maximum of 14 residents; and
b. The applicant submit verification that the required concrete curbing has been installed,
and verification provided by the owner's engineering consultant that the catch basin and
drainage swales have been constructed as per the approved plans, subject to the approval
of the City's Chief Engineer or his designate.
BACKGROUND:
The Committee, at its June 26, 2007 meeting, considered a variance application to facilitate the
development of a specialty hotel and related storage facility. The Planning Advisory Committee denied
the requested variance to permit a reduced landscaped yard adjacent to the Residential zone, but granted
the requested variances to permit a minimum landscaped front yard setback of 6 metres for the proposed
building and 0 to 6 metres for the proposed parking and loading areas, and to permit the proposed
loading space with a minimum length of 7.5 metres, subject to several conditions, including the
installation of cast -in -place concrete curbs where deemed necessary by the Development Officer. Site
and drainage plans for the subject property were approved by Municipal Operations and Engineering on
February 7, 2008. However, the owner has not installed the concrete curbing as illustrated on the
approved site plans.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following continents regarding the proposed rezoning
at 80 Kierstead Road:
• A City approved water meter and appropriate backflow prevention must be installed by the
owner.
171
Sunstar Ltd. Page 3
80 Kierstead Road August 17, 2012
• All required parking is to be provided for on -site.
• The owner is responsible for all solid waste collection services. Municipal collection services
will not be provided.
• It is assumed from the application that there will not be any changes to the municipal services to
the building. If changes are proposed, this Department must be contacted for further review and
comment.
• Owner is responsible for obtaining all necessary permits.
• Site and drainage plans for this property were approved by Municipal Operations and
Engineering on February 7, 2008. The owner has not installed the concrete curbing that was to
surround the parking area and direct stormwater to the catch basin. This concrete curbing should
be installed and verification provided by the owner's engineering consultant that the catch basin
and drainage swales have been constructed as per the approved plans.
Buildings and Inspection Services has been advised of this application,
Saint John Fire Department There is no objection to this application provided that the National
Building and Fire Codes and related standards are adhered to.
N.B. Department of Community Services has indicated that their Department has not received an
application from an individual or group for a group care facility in the area described. The Department is
concerned that the applicant may not be aware of the Department of Social Development's licensing
requirement for a group care facility of three beds or more.
ANALYSIS:
Subject Site
The subject property contains a two - storey building located in the Fairville neighbourhood of the City's
West Side (see attachments). The subject site is situated between Fairville Boulevard, which is a busy
retail corridor, and Manawagonish Road, a historic residential street. The subject property is currently
zoned "I -3" Light Industrial Park; however, this area of the City's West Side has a mixture of
residential, business and industrial zones.
Kierstead Road, which connects the two corridors, is a steep, winding road. Kierstead Road currently
has a Bell -Aliant Regional Communications Centre immediately abutting the subject site to the east, as
well as a woodworking enterprise to the north -west. The site is triangular in shape with a frontage of
over 80 metres and a lot area of approximately 1640 square metres. The elevation of the site ranges from
22 metres above sea level at the southeast corner to 3 0 metres above sea level at the northeast corner.
As mentioned by Municipal Operations and Engineering, site and drainage plans for the subject property
were approved in February, 2008; however, the owner has not installed the concrete curbing that was to
surround the parking area and direct stormwater to the catch basin. Staff recommend that the rezoning of
the subject property to "IL -1" be held to the condition that the required concrete curbing be installed and
verification provided by the owner's engineering consultant indicating that the catch basin and drainage
swales have been constructed.
172
Sunstar Ltd.
80 Kierstead Road
Proposal
Page 4
August 17, 2012
Sunstar Ltd., the applicant, is seeking to rezone the above property from 1-3" Light Industrial Park to
"IL -1" Neighbourhood Institutional in order to permit the establishment of a "group care facility" for 14
adults. The applicant is requesting a rezoning to "IL -1" because a "group care facility" is not a permitted
use in the "I -3" zone.
A Group Care Facility for 14 adults would generate substantially less traffic than the previously
approved hotel operation. The reduced traffic flow as a result of the current application is a favourable
attribute considering the slope and curvature of Kierstead Road. Residents of Group Care Facilities do
not typically drive, and the facility would only have a minimal number of staff working at one time.
Municipal Plan and Proposed Rezonine
The Municipal Plan ( "PlanSJ ") has designated the area as Stable Residential. In addition to the
residential component of this designation, the Plan creates provisions for other complementary uses to
coexist with residential uses in effort to create more "complete communities ". Policy statement HS -17 in
section 5.4 of the Plan states that Council shall
"Encourage the provision of housing for people with special needs, including senior
citizens, group homes and shelters, to integrate into appropriate residential areas of the
City, in close proximity to major transit routes, community facilities and needed
services ".
The proposed group care facility is regarded as a community facility as the care provided by the
operation is focused on offering a service to members of the community who have specific challenges
and/or needs. Churches, schools, community residences, small clinics, nursing homes, community
centres, etc., are all examples of community facilities envisioned by the Plan that could play an
important role in facilitating the creation of a complete community.
The proposed rezoning is consistent with the direction provided by P1anSJ and compatible with the
fabric of the surrounding community, and can therefore be supported. However, staff recommend that
the rezoning be limited to the current proposal of 14 residents at the group care facility.
CONCLUSION:
Staff believe that the proposed rezoning to allow the establishment of a group care facility on Kierstead
Road will have no discernable effect on the surrounding community. The existence of a group care
facility in a stable residential neighbourhood is consistent with the vision of a residential community
offered by P1anSJ. Staff recommend approval for the proposed rezoning, on condition that the operation
of the group care facility is limited to the current proposal for 14 adults, and the applicant be required to
install concrete curbing as per the approved site plan.
X
Project No. t2 -202
173
PLANNING AND DEVELOPMENTMRBANISME ET DEVELOPPEMENT
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PID(s) /NIP(s):
Subject Site /site en question:
00413799
Location: 80 Keirstead Road
Date: ,July 24, 2012
Scale /echelle: Not to scale /Pas a i'echelle
174
Planning Advisory Committee
City of Saint John
Planning and Development
Re: Proposed Rezoning
80 Keirstead Road
Dear Sir/Madam:
1036 First Avenue
Saint John, N.B.
August 8, 2012
0 212
4
Si
With regards to the proposed rezoning of 80 Kierstead Road from a
Light Industrial Park to a Neighbourhood Institutional allowing a group
home facility for 14 adults. I wish to state my objection to the proposed use
of this building as a residential home.
If the rezoning is approved this would be the only private resident on
either side of Fairville Blvd for the entire length of it, hardly constituting a
"neighbourhood" setting. If rumours are correct and that a new strip mall
and the Walmart due to open soon the traffic will only increase in this area.
There are no sidewalks along Keirstead Road from Fairville Blvd to
Manawagonish Road. If the residents wished to go to the nearest
convenience store on the comer of Manawagonish and Keirstead the
residents will have to walk on the roadway, like wise down to Fairville
Blvd. There is considerable traffic on Keirstead Road, will the city being
installing a vehicle traffic counter on Keirstead to give some idea of the
volume and speed of traffic to determine how dangerous it would be for a
resident to have to walk on the roadway.
The perimeter area of the building appears to be very small and at the
moment is entirely paved, it cannot be described as an attractive outside
recreational area. If this site is to be their home it certainly isn't a
conducive outdoor living space, no lawn or garden. It doesn't appear to be
175
much room for any expansion to create a green space.
The person and or business that will be operating the facility is of
concern. Is this to be a non profit organization with financial and
government involvement and a board of directors. Would the board
members be residents of Saint John? I would not want to have to travel out
of town to address a board meeting about a problem with the residential care
centre. If this is a for profit venture what is their reputation within the
community, do they run other facilities that have been successful projects?
The number of residents also seems excessive, 14 person does not seem like
a "home like" facility more like an institutional setting which defeats the
purpose of group homes.
Is it not true that once a property has been rezoned for a "group home"
on the premise that it is to be used as a facility for adults that is could be
changed to a group home for youths without further consultation with the
neighbouring area. The letter of proposed rezoning does not state what type
of residents will be living there. The residents of group homes usually have
some type of chronic mental disorder or are intellectually challenged or a
physical disability which impairs their ability to live independently. Will
the facility be staffed 24 hours a day or will there be no supervision say
from midnight to 6 am?
I assume some of these question can be answered after the August 17th,
when a copy of the report is available to the public. In the meantime I do
wish to express my belief that the site is entirely inappropriate for any type
of residential care and that an exception to the current zoning should not be
approved.
Yours truly
George Kellow
176
Flecknell. Allian
From: EC Q <edandcarol66 @hotmail.com>
Sent: August -08 -12 12:08 PM
To: External - Planning
Subject: 80 Keirstead Road, Proposed Rezoning
Attention: Elizabeth Gormley, Common Clerk 658 -2862
Re: Proposed Zoning By -Law Amendment, 80 Kierstead Road
Please be advised that we are very strongly against this proposal to permit
the establishment of a "group care facility" for 14 adults. There are no
sidewalks on Keirstead Road and it is a very high traffic street.
Also, there is no outdoor space for residents, other than a small
parking lot.
Regards,
Edward Quinn
Carol Quinn
965 First Ave.
Saint John, N. B.
E2M 4N9
177
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178
981 First Avenue W.
Saint John, NB E2M 4N9
August 19, 2012
Planning Advisory Committee
City of Saint John
Saint John, NB E2L 4L1
Dear Sirs:
We wish to respond to the letter from Ms. Jody Kliffer dated Aug 2, 2012, concerning a
proposed rezoning of the property at 80 Kierstead Road to IL -1 to permit use as a group care
facility for 14 adults. This property is immediately adjacent to the back of our own property at
981 First Ave. A group care facility is defined in the current Zoning By -Laws as intended "for
persons harboured or detained to receive medical, charitable or other care or treatment, and
includes a dormitory or residence for a school, hospital or convent ..." Ms. Kliffer's letter did
not give any information on the actual nature of the proposed group care facility. I obtained a
copy of her report last Friday afternoon hoping that further details might be given but there was
no indication therein of what type of group care was involved nor of how long and under what
conditions a resident might be staying.
If the proposed facility would involve residential stays of several days or more, we do not
feel the Kierstead Road location is at all suitable. There are no sidewalks on Kierstead Road, and
the present building has no space around it for recreational use, other than the parking lot itself.
(Due to the strong water run -off coming down the hill, the ground within a few metres of the
perimeter of the present paved area is usually deep mud and cannot be walked on.) Kierstead hill
is steep, with a sharp curve at the site of the property, and traffic is relatively heavy. Residents
with any significant mobility problems would basically be confined to the building due to safety
concerns. The suggested reduced traffic flow really depends on the type of facility — if the
residents had substantial medical problems they could require frequent trips to doctors or
hospitals, and if they have families one would expect frequent visits from family members. The
intent of PlanSJ to create complete well - integrated communities is commendable, but the
Kierstead Road location is an odd little corner that would be relatively isolated from the rest of
the residential community in the vicinity. The bus routes are not really close, and it is some
distance to churches and other community resources.
To conclude, we are not in favour of this proposal. We believe that the relative isolation
of the site from community facilities, the traffic problems and lack of sidewalks on Kierstead
Road, and the absence of recreational space around the building make this location unsuitable for
a group care facility.
Yours sincerely,
Ronald M. Lees
657 -1941
179
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August 27, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Simms Corner
I am requesting that Council permit scheduling of a presentation by Mr. Alan Benton, P.Eng. on the
concept of a modern roundabout at Simms Corner.
Motion:
Refer to Common Clerk for scheduling.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor (Ward 1)
City of Saint John
li
%V
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 EZL 4L1
182
August 31, 2012
His Worship Mayor Norton, Deputy Mayor and Councillors,
Subject: Snow Removal on Red Head Road
Motion: To Change the Red Head Road from a priority 3 to a priority 1 in the Winter Management
Plan with regards to winter snow removal to take effect immediately and be changed and
implemented by November 1st 2012.
Currently the Red Head Road is a priority level 3, only 1 up from the lowest of 4, when snow falls and it
needs to be removed. I feel that this is too low considering that Red Head Road is the only road that
services this part of the city.
I spoke to Mr. Rice regarding this and I asked him to give me examples of what a priority 1 street is and a
priority 2. Mr. Rice told me that a Priority 1 street for example would be major arterial and emergency
routes such as Loch Lomond Road and Somerset Street. A 2 level road would be major collector routes
such as Douglas Avenue and Ellerdale Street.
Red Head Road meets both the criteria for a level 1 and a level 2 yet it is currently a 3 under the Winter
Management Plan.
The Red Head Road is the only road that serves Red Head, it is the only route to get in or out until you
reach the Hewitt Road which is a priority 1. The Hewitt Road is at the other end of Red Head and renders
everyone who lives on the other side of it trapped when the Red Head Road is snow blocked. The Red
Head Road is the main and only arterial for this part of the city, it is the emergency access route for
Ambulance, Police and Fire because it is the only road there.
Currently all Level 3 streets and roads under the current Winter Management Plan, if ploughed on time,
have to wait up to 3 days after a storm to have bare pavement. Considering the Red Head Road is the
main route into and out of Red Head this is too low and puts the safety of those who live there at risk not
to mention makes it very difficult for them to get to work etc... on snow storm days.
Please see the following link to learn more about the current Winter Management Plan:
http: / /www. saintj ohn.ca/en/home /cityservices/ transportation / roadwaymaintenance /wintermanagementpla
n/ snowplowroutes.aspx
Respectfully submitted,
Received via a -mail
Councillor Ray Strowbridge
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1
183
September 4th, 2012
Subject: Deputy Fire Chief
Mayor Mel Norton and Members of Common Council:
It has come to my attention during the past week that we, the City of Saint John, do not have a person
designated as the Deputy Fire Chief. I find this to be quite inappropriate for a city of our size, and also
that we have numerous heavy industries. Now we do have three Divisional Chiefs which each are in
charge of separate areas in the city and four Platoon Leaders, however there is no one person
designated to take control if our Fire Chief was unable to perform his duties. A Fire Chief does and has a
great amount of knowledge, skills and information that he should be passing on to the Second in
Command so if at any time whether it is a major disaster with residential, commercial or industrial the city
will be prepared to move forward and protect the safety of all of our citizens at all times.
certainly would not feel comfortable for this Council or our City Manager to promote a person to that
position without the input of the Fire Chief. In all situations where the public is or could be at risk we need
Leadership. I really do not believe that any Municipality across this country that has a Fire Department
would have such an organization without a Second in Command.
Motion: To direct the City Manager to arrange to start the process of hiring a Deputy Fire Chief
from within the organization and that the position vacated by the successful candidate be filled in
the appropriate manner.
Respectfully submitted,
Shirley McAlary
(received via e-mail)
Councillor
lr -
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
W
Amlaty nfsalnt ]ohm
September 4, 2012
His Worship Mayor Mel Norton, Deputy Rinehart
And Councillors
Subject: City of Bathurst and Committee System
Your Worship, Deputy and Councillors,
At the July 30, 2012 Council meeting Council passed a resolution directing the Clerk to contact
the City of Bathurst to inquire as to why that City reverted back to the regular system of
government after having adopted a standing committee form of government.
I contacted the Bathurst Municipal Clerk who informed me that the City did change to a
committee system, and then reverted back to the former system prior to 1987. She advised
however, that there are no records, nor anyone still at the city who can shed any light on the
reasons for this move.
Respectfully submitted,
Elizabeth Gormley
Common Clerk
4�1
SAINT JOHN
P.O. Box 1971 Saint ;chin, N5 +Car»dd E2L 4L1 I -Ammsa ntjohnxa I C.P. 1971 Saint Ishn, N.-B, Canada EA 4L1
185
lia-kEPORT TO COMMON
M &C -2012 -226
August 30, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Zoning By -law Review: September Open House
BACKGROUND:
`:6. n
city of Saint John
Following the adoption of Plan SJ, the City's new Municipal Plan, planning staff
have been working on the Zoning By -law Review. A review of a municipality's
Zoning By -law following adoption of a Municipal Plan is a legislative
requirement of the Community Planning Act.
Staff have developed a draft framework for the proposed land use zones that will
be presented to the Community at an Open House to be held on September 25th
The Open House will take place from 4:00 -8:00 p.m. at St. Joachim's Roman
Catholic Church on Loch Lomond Road. A presentation will be provided at 6:00
p.m. The format of the event will be an open house to enable participants to talk
with Planning Staff and review project panels. These panels, presented in both
official languages, will describe the intent of and permitted land uses in the
proposed zones.
Following the event, the information presented at the launch will be posted on the
City's website. Input received from the Community will provide direction related
to finalizing the land use zones and subsequent tasks focused on the development
of other by -law standards.
Common Council is encouraged to take part in the Open House other Public
Engagement events over the course of the project.
im
M & C — 2012 — 226 - 2 - Septeinber N 2012
RECOMMENDATION:
That Common Council receive and file this report.
Respectfully submitted,
i Fu
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
'J. a 'c Woods CG
Pmk A
City Manager
W1 0
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REPORT TO COMMON COUNCIL
August 28, 2012
M &C2012 -222
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Manawagonish Road Truck Route
The City of Saint John
On August 13, 2012 Common Council resolved that:
• for safety reasons, the City Manager investigate the historical and current designation of
Manawagonish Road as a truck route, and
• the City Manager be directed to examine the truck routes in Saint John and make
recommendations to improve public safety.
This staff report is in response to these resolutions.
Manawagonish Road
The western section of Manawagonish Road from Ocean Westway to Fairville Boulevard has
historically been on a Truck Route designated in the City's Traffic By -Law. The eastern section
of this road from Fairville Boulevard to Main Street West has not been on a Truck Route.
The use of the western section Manawagonish Road as a Truck Route was discussed in a
comprehensive "Saint John Throughway Access--and Truck Traffic Study" that was completed in
2002. This report followed and built on the last City of Saint John Transportation Study in 1999.
The 2002 report noted Fairville Boulevard as being the main commercial /industrial destination of
trucks using the Truck Route incorporating Manawagonish Road. The Highway 1 interchange at
Catherwood / Bleury Street was noted as the alternative to Manawagonish Road for Fairville
Boulevard truck access. Reconfiguration of the intersection between the Highway 1 eastbound
off -ramp and Bleury Street to improve truckers' sight of approaching vehicles was suggested to
enhance access to Fairville Boulevard. This infrastructure improvement, which was completed
in 2004, appeared to be the only tangible roadblock to removing Manawagonish Road as part of
a designated Truck Route.
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M &C2012 -222
August 28, 2012
Page 2
Until January 1, 2011, approval to de- designate this western section of Manawagonish Road as a
Truck Route required Provincial approval as portions of the road were part of Route 100.
Although communications prior to 2011 between the City and Province about the status of
Manawagonish Road occurred, de- designation did not result. This entire road became a
municipal street in 2011 following the reconstruction of it under the Municipal Designated
Highway Grant Program. Provincial approval is no longer required to de- designate
Manawagonish Road as a Truck Route.
Manawagonish Road continues to have a residential focus. Subdivisions continue to develop
along the road. The recent reconstruction of the western section of the road included a design for
bike lanes. Significant truck traffic does not align with this focus.
It is important that Council and the neighbourhood are aware that trucks will always be present
on Manawagonish Road; even if the street is de- designated as a Truck Route. Emergency
vehicles and any truck with less than 7300 kg gross weight are exempt from Truck Route
provisions in Saint John. For context an empty tandem dump truck is slightly more than 7300
kg. Trucks can also use a street not on a Truck Route permitted such a street is on the shortest
and safest route between a Truck Route and the point of delivery.
Staff concurs that this western section of Manawagonish Road should be de- designated as a
Truck Route given the concerns of the neighbourhood, the residential focus of the road, the
extensive study of this route in 2002, the alternate route to Fairville Boulevard via Highway 1,
and the interchange improvement in 2004.
City staff and the Saint John Police Force would jointly advise trucking companies of the de-
designation should Common Council authorize it. Signage would be posted from Ocean
Westway and Gault Road indicating the truck route as being Highway 1 instead of
Manawagonish Road as well as an indication at the western end of Fairville Boulevard that the
Truck Route no longer continues on Manawagonish Road.
Review of Other Truck Routes in the City of Saint John
Saint John contains an extensive network of Truck Routes and a full review of all these routes
would be significant in terms of resources. Many routes were also analyzed in 2002, some
significant changes between then and now have occurred. These include the pending completion
of One Mile Interchange and the adoption of the new Municipal Plan which will impact how and
where industrial and other properties will be developed in the future. An updated Transportation
Strategic Plan is one post - Municipal Plan document that should be completed. This Plan would
include a full review of Truck Routes in the City.
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M &C2012 -222
August 28, 2012
Page 3
RECOMMENDATIONS
Staff recommends that Common Council:
1. Direct the City Solicitor to put in proper translated form an Amendment to the City's
Traffic By -Law that removes Manawagonish Road with limits Ocean Westway to
Fairville Boulevard from Schedule K (Truck Routes), and
2. Direct Staff to examine of all remaining Truck Routes in the City of Saint John in
conjunction with the preparation of an updated Transportation Strategic Plan.
Respectfully submitted,
(" 1 0, / Timothy D. O'Reilly, P.Eng., M.Sc.E.
Traffic Engineer
Manager, Pedestrian & Traffic Services
dEdwards, P. g.
Commissioner, Transportation & Environment
203
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M & C 2012 -230
August 31, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: HIGHWAY USAGE PERMIT (HUP)
TRANSFIELD DEXTER GATEWAY SERVICES LIMITED
ROUTE 1 (EXIT 120/119)
BACKGROUND
The City of Saint john
As part of the construction of Riverview Drive — Sanitary Lift Station #28, Force Main and
Sewer (Harbour Clean -Up Project), the City will install a 100mm force main inside a 300mm
steel casing under Route 1 near Riverview Drive.
The administration and control of Route 1 has been delegated by New Brunswick Highway
Corporation (NBHC) to Route 1 Gateway Project Company (RIG Project Co.) Ltd. and sub -
delegated to Transfield Dexter Gateway Services Limited (Operator).
A Highway Usage Permit (HUP) is required for infrastructure constructed within the limits of
Route 1.
The agreement is not unlike a railway crossing licence or an agreement to cross natural gas
pipelines in that a permit holder, the City, is required to commit to a standard set of terms and
conditions in return for the privilege of placing its infrastructure below Route 1.
The HUP attached to this M &C is substantially the same as previous permits with NBHC in
respect to its terms and conditions. The requirement for a security deposit and the fees are set by
Regulation 2009 -506 under the New Brunswick Highway Corporation Act. The security deposit
has been set at $10,000.00 and is held for three (3) years, the fee on issuing the HUP is $2,000.00
and the annual fee is $2,500.00.
PURPOSE
The purpose of this report is to present the agreement to Council for its consideration.
204
Page 2
INPUT FROM OTHERS
The City Solicitor's Office has reviewed the agreement between New Brunswick Highway
Corporation and RIG Project Co. together with the Order in Council 2010 -145 authorizing such
agreement. As well, the City Solicitor's Office has reviewed the HUP with input from the City's
Insurance Co- ordinator and the Commissioner of Finance whose input was sought in respect to
the security deposit.
RECOMMENDATION
It is recommended that the City of Saint John enter into "Highway Usage Permit (HUP) 2012-
002 with Transfield Dexter Gateway Services Limited, in substantially the same fonn and
contact as in the attached, and that the Mayor and Common Clerk execute the agreement.
Respectfully submitted,
ohn Campbell, P. Eng
unicipal Engineer
Wm. Edwards, P. ng.
Commissioner
Transportation and Environment
205
Sc
Brian Keenan, P. Eng
Engineering Manager
J. Patrick Woods, CGA
City Manager
PURE D FNTRIE ^E L,
G/ l EV AY PRQJECti
HIGHWAY USAGE PERMIT — 2012 -002
THIS PERMIT issued in duplicate originals this of , 20
FROM: TRANSFIELD DEXTER GATEWAY SERVICES
LIMITED a body corporate (hereinafter called the
"Operator"):
TO: THE CITY OF SAINT JOHN, a body corporate by Royal
Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New Brunswick
(hereinafter called the "Applicant'):
WHEREAS the Minister of Transportation and Infrastructure (the "Minister") under and by virtue of the
Highway Act, being Chapter H -5, R.S.N.B. 1973 (the "Highway Act') has the administration and
control of highways in the Province of New Brunswick;
AND WHEREAS the administration and control of Route 1 between St. Stephen and River Glade (the
"Highway ") has been transferred to the New Brunswick Highway Corporation ( "NBHC ") by the
Minister with the approval of the Lieutenant- Governor in Council;
AND WHEREAS the Route 1 Gateway Project Company Ltd. (the "R1G Project Company ") is a
delegate of NBHC;
AND WHEREAS the Operator is a sub - delegate of NBHC and may, as such, issue highway usage
permits (as that term is defined in the New Brunswick Highway Corporation Act) with the approval of
R1 G Project Company in connection with the Highway;
AND WHEREAS the Applicant has requested permission to install a 300mm diameter steel casing
pipe by boring and jacking under the highway with a 100mm force main installed inside the casing at
a depth of 2.Om under the road way, more particularly described in Part I of the Schedule, a copy of
which is annexed hereto and marked as Appendix "A" (the "Construction ");
AND WHEREAS the Construction shall be located on and underground on Route 1 between Exit 120
EB/WB and Exit 119 EB/WB which location is generally identified and described in the Table annexed
hereto and marked as Appendix "B° (the "Approved Site ") and as more particularly described and
shown in Appendix "B -1" and shown in red on the orthographic image annexed hereto and marked as
Appendix "B -2 ";
AND WHEREAS the Operator has, with the Approval of the R1G Project Company, agreed to issue
to the Applicant a Highway Usage Permit ( "HUP ") upon the terms and conditions herein set forth
which forms part of this HUP
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206 )A
ARTICLE 1
1. GENERAL
1.01 The Operator hereby authorizes the Applicant, subject to the terms and conditions herein
contained, to enter upon and use the Approved Site on a non exclusive basis for the use and
purposes of the Construction as described in Part 1 of Appendix "A" (the "Construction ").
1.02 The Applicant agrees to pay to the Operator for each year during the term of the HUP, the fees
that are or may be established under Regulation 2009 -156 made under the New Brunswick
Highway Corporation Act as may be amended and revised from time to time.
1.03 The Applicant shall pay a fee of two thousand dollars ($2,000.00) pursuant to Section 11 on the
issuance of the Highway Usage Permit and in addition to any fees that may be imposed in
accordance with subsection 1.02, the Applicant shall pay to the Operator upon execution and
for each fiscal year thereafter, the fee prescribed under Section 10 (1) (c) (iii) of Regulation
2009 -156, a Regulation under the New Brunswick Highway Corporation Act, as a result of the
1 00m diameter force main, being installed underground on a Level I Highway.
1.04 The fees payable under this section are due and payable on the first day of April in each fiscal
year and are to be made by certified cheque payable to the NBHC. Cheques are to be
forwarded to the Operator as follows?
Transfield Dexter Gateway Services Limited
Attention- OMR Manager
39 Phaeton Drive
PO Box 1036
Hampton, NB
E5N 8H1
1.05 The Applicant acknowledges, and agrees that failure to pay the fees, within thirty days from
receipt of the invoice for same, shall result in the termination of the HUP
ARTICLE 2
2. CONSTRUCTION
2.01 The Applicant, its contractors, servants, agents, employees and workers, may, from time to time
during the term hereof and at its own expense, perform Construction at the Approved Site.
2.02 The Applicant shall carry out the Construction in accordance with and meeting the prescribed
standards by all applicable federal and provincial statutes, as amended from time to time, and
municipal by -laws and all regulations, orders, directives, permits and licenses 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 same relates to the Construction, including, but not
limited to, this HUP, the Highway Act, the New Brunswick Highway Corporation Act and all
environmental and occupation health and safety laws.
2012 -002 207
t .
Date: August 2012
2.03 The Applicant undertakes to submit all plans and specifications detailing location, timing,
duration and method of installation of the Construction to the Operator prior ro the
commencement of any Construction. The Applicant hereby agrees to not undertake or
commence any Construction prior to receiving written approval from the Operator of the plans
and specifications. The Operator undertakes to deal with the plans and specifications
expeditiously. It is understood and agreed between the parties hereto that approval of the plans
and specifications for any Construction to be carried out on the Approved Site does not in any
way affect or alter the Applicant' responsibility for the design or implementation of the
Construction and the Operator hereby specifically denies any such responsibility.
2.04 The Applicant agrees to complete and deliver to the Operator a final "as built" plan of the
Construction at the Approved Site within three months of the completion of the Construction.
2.05 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.
2.06 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 site where any of the
Construction is taking place, and
(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.
2.07 The Applicant shall, upon the request of the Operator, provide to the Operator within 7 days of
such request, a letter outlining the steps taken by the Applicant to comply with the provisions of
sections 2 05 and 2.06 hereof.
2.08 No material or equipment shall be deposited or stored on the Approved Site or the Highway
without the prior written approval of the Operator.
2.09 All brush and /or debris resulting from the Construction and /or operation shall be disposed off
the Approved Site and the Highway by the Applicant.
2.10 No Construction is to tale place during darkness or reduced visibility.
2.11 The Applicant shall give the Operator not less than three days notice of its intention to
commence the Construction, and the Applicant shall not commence the Construction prior to
receiving written approval from the Operator.
2.12 The Applicant shall ensure that it, its contractors, workers or agents abide by and will be bound
by the terms and conditions of this HUP.
2.13 No construction shall disturb the asphaltic paved surface of the Highway without the prior
written approval of the Operator
2012 -002 208
-. .
Date: August 2012
ARTICLE 3
3. STANDARD OF CONSTRUCTION
3.01 (a) The Construction shall be performed by the Applicant in a good and workmanlike manner at
its own expense. If, in the Operator's opinion, acting reasonably, the Construction is not being
carried out in a good and workmanlike manner in accordance section 2.02 hereof and in
accordance with the plans and specifications submitted pursuant to section 2.03 hereof and
approved by the Operator, the Operator may advise the Applicant of the basis for its opinion
and the Applicant will rectify any deficiencies in the Construction to the reasonable satisfaction
of the Operator. The Applicant agrees to forthwith rectify and repair any deficiencies in the
Construction to the reasonable satisfaction of the Operator. If the Applicant do not forthwith
rectify and repair the deficiencies to the reasonable satisfaction of the Operator, the Operator
may suspend performance of the Construction Oy giving written notice to that effect to the
Applicant; such suspension shall be effective in the manner specified in the notice. It is
understood and agreed between the parties that any request by the Operator for the Applicant
to rectify deficiencies in the Construction or the invocation of the authority granted by this
paragraph shall not give rise to any claim by the Applicant against the Operator, regardless of
the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred.
It is further understood and agreed between the parties that failure of the Operator to give
instructions in regards to the Construction does not relieve the Applicant of any responsibilities
and liabilities under this HUP or otherwise
(b) Notwithstanding the provisions of paragraph 3..p'f(a) hereof, where the Operator is of the
opinion that the Construction poses a hazard to the safety of any person using the Highway, the
Operator may request that the Applicant take such action, as is necessary, in the opinion of the
Operator, to alleviate the hazard Upon receiving such a request, the Applicant agrees to
forthwith take the requested action at the cost of the Applicant. If the Applicant fails to take
such action, the Operator may take such action as is necessary to alleviate the hazard. If the
Operator is required to take action under this paragraph, the Applicant shall, upon demand,
reimburse the Operator for all expenses reasonably incurred in connection therewith. Any
request issued or action taken by the Operator under this paragraph, shall not give rise to any
claim by the Applicant and any such claim is hereby specifically barred. It is further understood
and agreed between the parties that failure of the Operator to issue a request or take action
under this paragraph does not relieve the Applicant of any responsibilities and liabilities under
this HUP or otherwise.
3.02 The Applicant shall use every reasonable effort to ensure, where practical, that:
a) all Construction is performed in a manner that causes no damage to the
Approved Site or the Highway;
b) thru traffic flow is maintained on the Highway during all Construction according to the
Department of Transportation Work Area Traffic Control Manual, as amended from time to
time, the receipt of which the Applicant acknowledges;
2012 -002 209
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Date: August 2012`
n - n -4:11
c) the Construction does not interfere with or obstruct the Highway or traffic thereon except,
with the prior written approval of the Operator, 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 Highway or
any property that is adjacent to or downstream to the Highway.
3.03 Notwithstanding paragraphs 3.01(a) and 3.01(b) hereof, if, in the opinion of the Operator, the
Construction or maintenance activities of the Applicant cause or result in disturbance to the
asphaltic surface of the Highway or otherwise cause damage to the Highway, including the
area within the right -of -way, The Operator may, (but shall not be required to) in addition to and
without prejudice to its other rights and remedies available hereunder, undertake and complete
such repairs and /or remedial work (including the removal and replacement of any improvements
and structures installed under the authority of the HUP) as the Operator considers appropriate,
acting reasonably. All such repairs and /or remedial work including all costs incurred to deal with
any emergency situation resulting from performing the Construction shall be at the sole cost and
expense of the Applicant and the Applicant covenants to forthwith pay to the Operator, on
demand, all costs and expenses, direct or indirect, incurred by the Operator in attending thereto
together with interest thereon from the date any such expense is incurred to an including the
date payment at the Average Prime rate plus three percent (3 %) per annum, calculated daily
not in advance. It is understood and agreed between the parties that the invocation of the
authority granted by this paragraph shall not give rise to any claim by the Applicant against the
Operator, NBHC or the Province regardless of the reasonableness of the Operator's opinion,
and any such claim is hereby specifically barred
3.04 If, in the opinion of NBHC, in Its sole and absolute discretion, it is not expedient to remedy any
damage to the Highway, including any portion of the right -of -way and /or disturbance to the
asphaltic sutfa.ce of the Highway, NBHC may require the Applicant to pay and amount equal to
the costs which, in the reasonable estimation of NBHC, would be incurred by NBHC to complete
the repairs and /or the remedial work necessary to repair the highway, the right -of -way and /or
the asphaltic surface of the Highway to the standard satisfactory to NBHC. NBHC's
determination of this amount shall be final and binding for all purposes of the HUP. It is
understood and agreed between the parties that the invocation of the authority granted by this
paragraph shall not give rise: to any claim by the Applicant against NBHC, regardless of the
reasonableness of NBHC's opinion, and any such claim is hereby specifically barred,
3.05 The Applicant shall provide to NBHC, at the time of the execution of this HUP, a cash security
deposit in the amount of ten thousand dollars ($10,000.00) for the purpose of Articles 3 and
4 to be held by NBHC, on a without interest basis. NBHC may use portions, or all of the
security for the purposes of ensuring that the Applicant meets its obligations herein contained.
At the end of the 3 years from the date of commencement of Construction, NBHC shall return
to the Applicant that portion of the security that remains unused, without interest thereon.
3.06 The Applicant agree that if any contamination should be encountered, on, in, under
or around the property administered by the Operator:
(i) all work will cease immediately in that area, and
2012 -002 210 Date: August 2012
-_� -z,
(ii) the Operator will be immediately advised of the said contamination in order for the
Operator to assess the situation.
3.07 If the Applicant fails to abide by section 3.06 and contamination is later determined to have
been present, the Operator and /or the NBHC, the Crown, the Operator and/ or the NBHC shall
not be responsible for the resulting deterioration, damage or remediation.
ARTICLE 4
4. REPAIRS TO THE APPROVED SITE
4.01 Upon completion of any Construction and/or Operation. the Applicant shall, at their expense and
so far as is practical, restore, repair and landscape the Approved Site to the extent necessary to
restore the Approved Site to at least the condition existing prior to the commencement of such
Construction and /or Operation in a manner satisfactory to the Operator.
4.02 All repairs to the Approved Site, including repairs required to rectify any damage, alteration or
environmental disruption to the area surrounding the Approved Site and /or Highway where the
Construction is located, occasioned by subsidence or eroston or slope washout or caused by the
Construction or existence of the Construction, at the request and to the reasonable satisfaction
of the Operator, shall be the responsibility of the Applicant for the entire period that the
Construction remains on the Approved Site or Highway The Applicant shall give 72 hours
notice, where possible, of any future maintenance or repairs to this Construction or surrounding
area. Traffic control. if necessary, shall be the responsibility of the Applicant and shall be
performed in compliance with the provisions set out in Section 3.02 hereof.
4.03 If the Operator is required to made any repairs to the Approved Site or the Highway or have to
clean the highway of debris, as a resuft of the Construction by the Applicant, the Applicant shall,
upon demand, reimburse the Operator for the cost of all expenses reasonably incurred in
connection therewith, provided however, that, except in emergency situations, the Operator
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.
ARTICLE 5
5. LIABILITY AND INDEMNITY
5.01 The Crown or NBHC shall not be responsible for any damage to the construction of the
Approved Site, from any cause whatsoever other than damage resulting from the gross
negligence or willful misconduct the Crown or NBHC and their respective officers, employees
and agents.
2012 -002 211 Date; Augu A201
5.02 The Applicant hereby agree to indemnify and save harmless NBHC, Her Majesty the Queen in
Right of the Province of New Brunswick and any and all departments, ministries, agencies,
boards, commissions and /or corporations thereof (hereinafter referred to as the "Crown "),
NBHC, all of their permitted successors and assigns, and all of their respective shareholders,
directors, officers, legislators, employees, agents and servants, from and against all liabilities,
damages, claims, suits and actions whatsoever resulting in any way from the Construction on
the Approved Site, or the operations of the Applicant or of its employees, agents, contractors or
subcontractors.
5.03 The Applicant shall promptly pay compensation to the Operator for all damages suffered by the
Operator as a result of the Construction, operation and /or, or repair activities of the Applicant.
5.04 The Crown and NBHC, all of their permitted successors and assigns, and all of their respective
shareholders, directors, officers, legislators, employees, agents and servants shall not be
responsible for any damages suffered by the Applicant as a result of the Construction from any
cause whatsoever or arising from the operations, maintenance or repair activities of the
Applicant.
ARTICLE 6
6. INSURANCE
6.01 The Applicant, at their own expense, shall purchase and maintain in full force during the term of
this HUP and any extensions or renewals thereof general liability insurance in form and content
acceptable to the Operator, NBHC and the R1G Project Company acting reasonably, to protect
the Applicant, their contractors and subcontractors, as well as the Operator, Crown, NBHC and
R1 G Project Company all of their permitted successors and assigns, and their respective
shareholders directors, officers, legislators, employees, agents and servants.
6.02 Such insurance shall provide coverage for property damage to the Approved Site and the
Highway, including loss of use thereof, and shall protect the Crown, NBHC, all of their
permitted successors and assigns and their respective shareholders, directors, officers,
legislators, employees, agents and servants from all claims arising out of liability for property
damage, bodily Rnjury (including death) and personal injury arising out of the Construction,
maintenance or ansing from the use of the Approved Site under this HUP.
6.03 This liability insurance shall provide for, but not be limited to:
0) a $10.0 million limit of liability per occurrence;
(ii) Sudden & Accidental Pollution coverage for all insured perils;
(iii) broad form occurrence property damage (including coverage for loss of use without
property damage);
(iv) cross liability and separation of interest with respect to each Additional Insured;
(v) the Crown, NBHC, Route 1 Gateway Project Company Ltd. ( "R1G Project Company ")
all of their permitted successors and assigns, and all of their respective shareholders,
directors, officers, legislators, employees, agents and servants to be included as
m
2012 -002 212 Date: August 201
Additional Insureds with respect to liabilities arising as a result of the Construction,
Operation and Maintenance of the Approved Site or out of the construction or out of
occupancy of or operations in connection with this HUP;
(vi) breach of any of the terms and conditions of the policy, or any negligence or wilful act
or omission or false representation by any other Insured or any other person, shall not
invalidate the insurance with respect to the Crown, NBHC, R1 G Project Company, any
of their permitted successors and assigns, and any of their respective shareholders,
directors, officers, legislators, employees, agents and servants required to be included
as Insureds.
6.04 At all times during the term of this HUP, all insurance policies shall be issued by financially
sound insurers licensed to carry on business in Canada or in one or more of the provinces or
territories in Canada. All policies shall contain a claue providing that Insurers shall not cancel
or materially change the policy until sixty (60) days prior to written notice has been provided to
the Operator and NBHC.
6.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk
financing) are used instead of conventional insurance to provide any insurance required by this
HUP, the Applicant shall provide ninety (90) days prior written notice to the Operator and NBHC
of the program structure and participants with sufficient information to permit the NBHC 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
Crown, NBHC, R1G Project Company their ,permitted successors and assigns, and their
respective shareholders, directors, officers, Iegisla. employees, agents and servants required
to be included as Insureds.
6.06 Certified true copies of all insurance policies maintained in compliance with this provision, or
other documentation in form and content acceptable to the Operator, shall be delivered to the
Operator prior to any Construction. Certificates of insurance, or other documentation in form
and content acceptable to the Operator, evidencing any renewal of these insurance policies or
any replacement insurances, shall be delivered to the Operator not later than fifteen (15) days
prior to the expiration of existing policies. Certified true copies of all renewal or replacement
policies shall be delivered not later than ten (10) business days after a written request from the
Operator. X
6.07 If any contractor or subcontractor hired by the Applicant, or conducting any operations or
Construction in connection with this HUP on behalf of the Applicant, is not insured under the
general liability insurance required to be purchased and maintained by the Applicant, the
contractor or subcontractor shall purchase and maintain in full force during the term of its
operations general liability insurance, in form and content acceptable to the Operator and
NBHC, that meets all the coverage and administrative requirements set out in this Article 6.
6.08 The Operator, NBHC, R1G Project Company and the Crown shall not be responsible for any
damage to the Applicant or their work, from any cause whatsoever, other than resulting from gross
negligence or wilful misconduct of the Operator, NBHC and the Crown and their respective officers,
employees or agents.
2012 -002 213
Date: August 2012
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ARTICLE 7
7. MAINTENANCE AND REPAIR OF WORK OR UNDERTAKING INSTALLED
7.01 Following completion of Construction, the Applicant may, during the term of the HUP and
upon providing Notice to the Operator, enter upon the Approved Site for the purpose of
maintaining, inspecting, repairing or removing any work appurtenances, attachments,
apparatus and equipment (hereinafter referred to in Sections 7.02, and 7.04 as the "work or
undertaking ") belonging to the Applicant.
7.02 In performing the maintenance or repair of the work or undertaking as provided for Under
Paragraph 7.01, the Applicant will comply with the terms and conditions set out under Articles
2, 3 and 4, making the necessary modifications when necessary.
7.03 In exercising a right granted by this HUP, the Applicant, their agents, servants or anyone
acting on its behalf shall be liable to the Operator for all damage caused to the Approved Site
and any other property damaged and shall make full compensation for all damage caused or
arising while carrying out the activities.
7.04 After Construction and prior to operating the work or undertaking, the Applicant shall file a
Certificate of Insurance with the Operator that verifies that it is insured against any liability that it
may incur in operating, inspecting, maintaining or repairing the work or undertaking located in,
on, along, above or under the Approved Site by an insurance company licensed to do business
in the Province of New Brunswick which insurance coverage shall be of a type or class and in
an amount approved by the Operator and NBHC
7.05 In the event the Highway is realigned and that portion of the Highway in the area where the
Construction or any appurtenances, attachments, apparatus and equipment associated
therewith are located, no longer forms part of the Highway, the Applicant shall forthwith remove
the same upon notice from the Operator (the "Abandoned Section ").
7.06 The materials including the Construction on the Abandoned Section shall be removed at the
sole expense of the Applicant. The Applicant shall remove the same and remedy and
rehabilitate that former portion of the Abandoned Section to the satisfaction of the Operator. Any
such work done by the Applicant shall be carried out completely at the expense of the Applicant.
7.07 The Applicant shall have the full right and permission where necessary to enter into the
Abandoned Section with people, machinery and material for the purpose of carrying out such
obligations however any damage to the same thereby occasioned and where required paying
compensation for the damages to the Operator arising from such entry. Any such work done by
the Applicant pursuant to this provision is to be carried out completely at the expense of the
Applicant and the condition of the area returned to the same condition as it existed prior to
entry.
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2012 -002 214 Date: august 2012
7.08 The Operator shall use all best efforts to cooperate with the Applicant to obtain such further
Highway Usage Permits as may be required to permit the Applicant to reinstall the Construction
and or any appurtenances, attachments, apparatus and equipment associated therewith in a
prompt manner.
ARTICLE 8
8 TERMINATION
8.01 This HUP shall terminate:
to
(a) on the 30 day of June 2039; or
(b) at the option of the Operator, upon written 30 Business Days notice to the Applicant:
(i) if the Approved Site is used for any purpose other than the Construction;
(ii) in the event the Applicant shall not have commenced the Construction on the
Approved Site within 6 months from the date hereof, the permission hereby
granted shall thereupon immediately terminate without further act or notice; or
(iii) if the Applicant defaults in observing or performing its obligations herein 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 Operator by way of
written notice thereof, the Operator may at its stele discretion and without recourse
by the Applicant terminate this HUP,
(c) at any time, in the sole and absolute +dmcretion of R1 G Project Company.
but the obligations of the Applicant under this HUP shall survive such cessation and
determination of such permission. If this HUP is terminated pursuant to subparagraph
8 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
Apphcant agrees to execute and file such documents as may be necessary to confirm or
to give public notice of such termination.
8.02 The Operator, the Crown. NBHC and R1G Project Company 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.
8.03 In the event the Applicant elects to terminate this HUP, it shall so advise the Operator in writing
which notice shall terminate this HUP.
8.04 Upon termination of this HUP pursuant to sections 8.01 and 8.03, the Applicant shall thereafter
have the obligation hereunder to forthwith undertake and complete all the terms and conditions
which the Operator in its sole discretion considers appropriate to fulfill the Applicant' obligations
under this HUP and to restore the Approved Site, 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 this provision shall be carried out completely at the expense of the Applicant.
2012 -002 215 pate; August 2012
8.05 Notwithstanding any provision of the HUP, the Operator or NBHC may, in their sole and
absolute discretion, cancel, terminate or reinstate this HUP in accordance with such conditions
as the Operator and/or NBHC directs.
ARTICLE 9
9. NATURE OF HUP
9.01 (a) The Applicant's right to enter the Approved Site for the purpose of the Construction pursuant
to this HUP is as a mere licensee. This HUP does not grantor convey to the Applicant any title
or other interest in or in respect to the Approved Site or th-e Highway.
(b) Notwithstanding Paragraph (a), any force mailin constructed by the Applicant together with
all works, appurtenances, attachments, apparatus, appliances. markers, fixtures and equipment
shall be deemed to be or remain the property of the Applicant, even though the same may have
become affixed to the Approved Site.
9.02 It is understood and agreed that with respect to any plans, including the plans specified in
sections 2.03 and 2.04 to be prepared by the Applicant for purposes of the Construction or for
identifying property or the status of title of property. the Operator does not, in any way,
represent or warrant to the Applicant that the Approved Site is located as shown on the said
plans or that the Operator owns or controls all or any portion of the right -of -way shown. The
location of the Approved Site is determined by the Applicant at their sole risk and the
Construction is undertaken thereon solely al the risk of the Applicant. If the Applicant wishes
to confirm or determine the title or ownership of the Approved Site, it shall examine such title
and ownership at its own expense and the Operator and /or NBHC shall not be required to
produce any abstract of ti tle. title deeds or copies thereof or any evidence of title other than
those in possession of the Operator and /or NBHC.
9.03 This HUP is non - exclusive. The Operator hereby reserves the right to grant permission to other
persons to use the Approved Site for whatever purpose the Operator deems appropriate
provided, always, that the Operator shall not permit any other person to use the Approved Site
for any such purpose, in the opinion of the Operator if such use or any construction of other
work in connection therewith would in any way interfere with the Applicant's use thereof.
9.04 This HUP, and any right conveyed herein by the Operator to the Applicant, is subject to any
other agreement, permission or right previously entered into or granted by the Operator to any
other persons or corporations to use the Approved Site. The Applicant hereby agrees not to
damage or in any way interfere with any other person's use and enjoyment of the Approved
Site. The Applicant further agrees to reimburse any person for the costs of any damages to
their plant or equipment located on the Approved Site arising from or caused by the negligence
of the Applicant in the carrying out of the Construction.
9.05 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
2012 -002 216 Rate: August 212�
g
provision is found to be void, voidable 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.
9.06 This HUP in no way affects or binds any other operator, government, department, agency or
Crown Corporation of the Province of New Brunswick.
ARTICLE 10
10. NOTICE
10.01 Notice, direction or other instrument required or permitted to be given to the Operator hereunder
shall be in writing and delivered personally or by courser or sent by facsimile to the Operator at:
Transfield Dexter Gateway Services Ltd.
39 Phaeton Drive
PO Box 1036
HamptoA,Y NB
E5N 8H1
Facsimile (506) 832 -3408
or to such other address or fax number as the OpembDr. 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 delivered personally or by courier or sent by facsimile to the
Applicant at:
The City of Saint John, NB
15 Market Square
PO Box 197
Saint John, NB
E211- 4L1
Attention: Common Clerk
506.674.4214
or to such other address or fax number as either of the Applicant may from time to time
designate in writing to the Operator.
10.02 Any notice, director or other instrument aforesaid, if delivered personally or by courier, shall be
deemed to have been sent and received on the date on which it was delivered or, if faxed, shall
be deemed to have been sent and received on the day on which transmission is confirmed. If
such day is not a Business Day or if the notice shall be deemed to have been sent and received
on the next Business Day.
2012 -002 217 Date: August 2012
Il--- 11 -4 X19
10.03 For purpose of this Article, "Business Day" means any day which is not:
i) a Saturday or a Sunday, or
ii) a day observed as a holiday under the laws of the Province of New Brunswick.
ARTICLE 11
11. NEW BRUNSWICK LAWS OR REGULATIONS
11.01 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 provisions 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-
11.02 The New Brunswick Highway Corporation Act, Regulations made there under, the Highway Act
and Regulations made there under, as each may be amended from time to time, and any Act or
Regulations made in substitution thereof apply to this HUP and the Applicant agree to be bound
thereby.
ARTICLE 12
12. SINGULAR - PLURAL
12.01 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.
ARTICLE 13
BINDING EFFECT
13.
13.01 This HUP: and everything herein contained, shall ensure 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 constructed as permitting any assignment by
the Applicant not authorized by this HUP.
ARTICLE 14
14. ASSIGNMENT
14.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without
the prior written consent of the Operator and NBHC.
1t
2012 -002 218 Date: August 2012
ARTICLE 15
15 NON - WAIVER
15.01 Failure by the Operator 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 Operator to require or insist
that an action be taken according to the terms of this HUP.
ARTICLE 16
16 AMENDMENTS
16.01 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 inay do so by means of a written notice to the
Applicant which shall be supplemental to and form part of this HUP
ARTICLE 17
17. TIME
17.01 Time is of the essence of this HUP
ARTICLE 18
18. INTERPRETATION
L.' 7
18.01 Terms used herein and not otherwise defined, which are defined in the New Brunswick Highway
Corporation Act and regulations thereunder shall have the meaning ascribed to them therein.
�A
2012 -002 219 Date: August 2012 9V
„_.....__. , ,. -Z —
IN WITNESS WHEREOF the parties
hereto have duly executed this
Highway Usage Permit at the Town of
Hamoton, in the County of Kings and
Province of New Brunswick, on the
date shown above.
SIGNED, SEALED & DELIVERED in
the presence of:
Witness
TRANSFIELD DEXTER GATEWAY
SERVICES LTD. in the right of the
Province of New Brunswick as
represented by:
M. Kenny, P. Eng
OMR Manager
Transfield Dexter Gateway
Services Limited.
THE CITY OF SAINT JOHN
Mel Norton
Mayor, City of Saint John
Common Clerk
Common Council Resolution:
2012 -002 220 bate: August 2012
Appendix "A"
PART
The Construction
The City of Saint John requires the installation of a 100mm diameter force main pipe from a lift station
at the end of Riverview Drive in Saint John crossing the Route 1 to discharge into a gravity sewer and
conveyed to the Lancaster Wastewater Treatment Plant Facility.
The 100mm diameter force main will be installed via a 300mm diameter steel casing pipe bored and
jacked two (2) metres under the roadway from one boring pit to another.
Please see attached drawing for design details, Appendix -B -1"
PART II
The Approved Site
Please see attached map, Appendix "B" Appendix "13-1 "and Appendix "B -2" for location.
2012 -002 221 Date: August 2012
Highway/Location
Type/Classifica
Lion
Description
Method of
Construction
, Permit Number
Route 1 — b/w Exit 120 EBNVB
Level 1
Installation of
Bore & Jack
R1 G 2012-002
& Exit 119 EB/WB
100mm force
main
See Appendix "A-1" for visual
locations
2012-002
Revision: 1
222
Date: August 2012
Page 17 of 17
P
APPENDIX "A-1"
H UP Application 2012-002
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REPORT TO COMMON COUNCIL
M &C 2012 -225
August 30, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Nick Nicolle Community Centre Revitalization Phase 2 — Professional Consulting Services Engagement
BACKGROUND
One of Common Council's goals is that
"we have revitalized neighbourhoods
that are safe, vibrant, and attractive,
with a priority to "improve access to
and investment in recreational
opportunities at Community Centres
and Parks ".
l Y
0
Me Cuy of Saint Inbn
Common Council recognized the state
of the Nick Nicolle Community Centre
(formerly known as the North End
Community Centre) and, in 2010,
directed city staff to engage
professional consultants to complete
the necessary studies to determine the existing condition of the facility and what steps need to be taken in order to
make this facility safe, barrier -free accessible, building code complaint, user friendly, suitable for the needs of the public,
and welcoming to the community.
In 2010, the City of Saint John Facility Management Division engaged Stantec Consulting to complete a physical
condition assessment of the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital costs were
identified in this study. Following this study, the community was engaged in two separate public consultation sessions
that were held in February and June of 2010. Based on feedback from the community during these sessions,
accessibility, safety, way - finding /identity, healthy environment, and flexibility of space /programming were identified as
things that needed improvement in the facility. These themes translated into physical building elements such as an
elevator, barrier -free washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior
gathering space, and much more.
225
Report to Common Council
Nick Nicolle Community Centre Revitalization Phase 2
Page 2 of 5
Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach
to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows:
Phase 1(2011): Building Additions
■ Lobby addition
■ Elevator
■ Stairwell addition
Estimated Construction Cost -Phase 1 ................................................................. ............................... ....$872,000
Phase 2 (2012): Interior Modifications, Mechanical /Electrical, Life Safety
■ Interior modifications
■ M &E upgrades
■ Life safety
Estimated Construction Cost -Phase 2 ........................................................ ............................... .....................$1,278,000
Phase 3 (2013): Exterior Cladding & Glazing
■ Window replacements
■ Install new windows
■ Replace roof
■ Cladding
Estimated Construction Cost - Phase 3 .............................
Phase 4 (2014): Site Work
■ Plaza
■ Stage and movie screen
Terraces and sidewalks
■ Trail and landscaping
■ Playground
■ Parking lot
Estimated Construction Cost - Phase 4 .............................
GrandTotal .............................................................................................. ...............................
In October 2010, Common Council resolved:
...................... $350,000
...................... $470,000
............. $2,970,000
"that as recommended by the City Manager in the submitted report M &C 2010 -357: Revitalization of the North End
Community Center (NECC), Common Council:
1) Adopt the Stantec Consulting and ADI Limited Studies and refer the North End Community Centre
Revitalization project to the capital budget process for consideration of this four phased approach; and
2) Engage ADI Limited in the amount of $136,337.20 plus HST to complete the detailed design of Phase 1 of
this project with the objective of commencing Phase 1 of the construction in May of 2011."
Due to some unforeseen property issues that have only recently been resolved, Phase 1 of construction was delayed
until now, with the project only recently being tendered and construction slated for September 2012 through February
2013. A construction budget of $891,300 for Phase 1 of the revitalization project was approved by Common Council as a
226
Report to Common Council Page 3 of 5
Nick Nicolle Community Centre Revitalization Phase 2
carryover amount from 2011 during the 2012 capital budget process. Construction Phases 2, 3, and 4 are proposed for
2013, 2014, and 2015 respectively.
ANALYSIS
Investment into the future of the Nick Nicolle Community Centre is a tangible demonstration of the City of Saint John's
confidence in the vitality and long term viability of the North End as a sustainable community. In order to continue the
momentum of the proposed revitalization of the Nick Nicolle Community Centre, the next step will be to engage a
professional consultant to develop the detailed design for Phase 2 of this project.
The community engagement process as well as the design work associated with Phase 1 of this project was completed
by exp Architects Inc. (formerly ADI Limited). It would be inefficient from a practical and cost standpoint to have design
consulting services for Phase 2 and future phases of this project completed by another firm who is not familiar with the
project. As such, staff recommends that exp Architects Inc. be directly engaged to undertake the design of Phase 2 of
the project. Base building drawings and information gathered during "pre- design" work completed by exp Architects
Inc. would not have to be regenerated as a result this direct engagement, and a cost savings will be realized by the City
of Saint John.
From the standpoint of public procurement, Section 5.11 (Non- Competitive Purchases — Sole Source) of the City of Saint
John's Policy for the Procurement of Goods, Services, and Construction provides for:
" a) The requirement for competitive Bid Solicitation for Goods, Services and Construction may be
waived under the authority of the City Manager or Common Council and replaced with
negotiations by the Division Manager and Materials Management under the following
circumstances:
iv, in any of the circumstances listed as exemptions to competitive public purchasing in
Regulation 94 -157 under the Public Purchasing Act."
Furthermore, Article 27 of the New Brunswick Regulation 94 -157 under the Public Purchasing Act reads:
"Services that may, by legislation, be provided only by any of the following professionals are exempt
from the application of the Act:
(a) engineers,
(j) architects."
As indicated by the excerpts above, Common Council has the authority to allow the Division Manager and Materials
Management to negotiate and direct engage (i.e. sole source) the services of an engineer and /or architect, without
adhering to a competitive bidding process if it deems it beneficial to do so in a particular circumstance. Again, for the
reasons mentioned above, staff recommends that exp Architects Inc. be directly engaged to undertake the design of
Phase 2 of the project. Construction of Phase 2 is proposed for 2013, and the associated budgetary costs will be
submitted for consideration during the 2013 Capital Budget deliberations.
As previously mentioned, construction of Phases 3 and 4 of the proposed revitalization of the Nick Nicolle Community
Centre are proposed for 2014 and 2015 respectively. Since we are two years away from these phases of the project, and
227
Report to Common Council Page 4 of 5
Nick Nicolle Community Centre Revitalization Phase 2
due to the sometimes volatile and unpredictable nature of construction costs, staff is not in a position to recommend a
consultant to complete the associated design work with Phases 3 and 4.
FINANCIAL CONSIDERATIONS
Based on an estimated construction budget of $1,278,000 for Phase 2 of the revitalization of the Nick Nicolle Community
Centre, the professional fees proposed by exp Architects Inc. for design, tendering, and construction contract
administration and site review services are summarized as follows:
Professional Fees: 14.75% of estimated construction cost, totaling $188,505.00 plus HST
Internal Expenses: 6.00% of estimated construction cost, totaling $76,680.00 plus HST
Total: $265,185.00 plus HST = $299,659.05 ($274,277.67 factoring in HST rebate)
Staff of the Facility Management Division have reviewed the proposed fees, and believe that they are appropriate for
the scope of the project given that it is the renovation of an existing building, there is limited information (e.g. drawings)
on the as -built conditions, and will involve a unique design approach to deal with current building code requirements
applied to an older building. In fact, the proposed fees are actually lower than that recommended in "A Guide to
Determining Appropriate Fees for the Services of an Architect" as published by The Royal Architectural Institute of
Canada. As mentioned, exp Architects Inc. were involved in earlier phases of the work, so some level of efficiency is
expected.
Common Council approved $235,000 for the design work associated with Phase 2 of the revitalization of the Nick Nicolle
Community Centre in the 2012 capital budget. Unrelated to this project, Common Council also approved $150,000 for
design services for the renewal of the masonry of the Tower of the Saint John City Market. Fees for the design services
associated with this project are significantly under budget due to efficiencies gained by the consultant via the
completion of another project at the City Market in spring of 2012. Final design fees for the renewal of the masonry of
the Tower of the City Market are estimated to be less than $55,000, which puts the City of Saint John $95,000 under the
approved budget. Staff has recommended that $52,400 of this amount be reallocated to cover additional costs over and
above the budgeted amount for the construction of Phase 1 of the Nick Nicolle Community Centre Revitalization (refer
to M &C 2012 -224: Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract
for Phase 1). Accounting for these amounts, $42,600 is available from the original $150,000 to be partially reallocated
from the City Market to Phase 2 of the revitalization of the Nick Nicolle Community Centre.
For the information of Common Council, if this and future phases of the design work associated with the proposed
revitalization of the Nick Nicolle Community Centre were directly awarded to exp Architects Inc., the total professional
fees are estimated to be in the range of $585,000 plus HST, including Phases 1 through 4. This figure is based on the
costs associated with Phases 1 and 2 plus the estimated fees for Phases 3 and 4 (i.e. assumed 20.75% of estimated
construction costs plus 3% inflation per year).
INPUT FROM OTHER SOURCES
Input from both the Materials Management and Legal Departments of the City of Saint John were solicited during the
preparation of this report, and staff support the recommendations contained herein.
228
Report to Common Council Page 5 of 5
Nick Nicolle Community Centre Revitalization Phase 2
Your City Manager recommends:
1) That Common Council reallocate $40,000 of the previously approved $150,000 within the 2012 capital budget
from the Saint John City Market Masonry Renewal project to the Nick Nicolle Community Centre Revitalization —
Phase 2;
2) That the City direct engage exp Architects Inc. at the cost of $265,185.00 plus HST to complete the detailed
design of Phase 2 of the revitalization of the Nick Nicolle Community Centre; and
3) That the Mayor and Common Clerk be authorized to execute the necessary documents.
Respectfully submitted,
Trevor Gamblin, M.Sc.E P.Eng.
Manager, Facility M Bement
Gregory J. eo ans, CGA, MBA
Commisgioriffir, Finance and Administrative Services
V-r
. `f
ratrick Woods, CGA
,City Manager
229
SUBJECT
Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 1
' N►i�3l1!!�
In 2010, Common Council directed city staff to
complete a condition assessment of the Nick
Nicolle Community Centre (formerly the North
End Community Centre), as well as determine
what steps need to be taken in order to make this
facility safe, barrier -free accessible, building code
complaint, user friendly, suitable for the needs of
the public, and welcoming to the community.
As such, the City of Saint John Facility
Management Division engaged Stantec Consulting
to complete a physical condition assessment of
the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital cost requirements were identified in
this study. Following this study, the community was engaged in two separate public consultation sessions that were
held in February and June of 2010. Based on feedback from the community during these sessions, accessibility, safety,
way - finding /identity, healthy environment, and flexibility of space /programming were identified as things that needed
improvement in the facility. These themes translated into physical building elements such as an elevator, barrier -free
washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior gathering space, and
much more.
Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach
to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows:
Phase 1 (2011): Building Additions
■ Lobby addition
■ Elevator
■ Stairwell addition
Estimated Construction Cost — Phase 1 ......................................................... ............................... ....................... $872,000
230
M &C 2012 -224
August 30, 2012
1.,( b.�
His Worship Mel Norton
R
And Members of Common Council
Th'- City of Saml ?Qtm
Your Worship and Councillors:
SUBJECT
Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 1
' N►i�3l1!!�
In 2010, Common Council directed city staff to
complete a condition assessment of the Nick
Nicolle Community Centre (formerly the North
End Community Centre), as well as determine
what steps need to be taken in order to make this
facility safe, barrier -free accessible, building code
complaint, user friendly, suitable for the needs of
the public, and welcoming to the community.
As such, the City of Saint John Facility
Management Division engaged Stantec Consulting
to complete a physical condition assessment of
the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital cost requirements were identified in
this study. Following this study, the community was engaged in two separate public consultation sessions that were
held in February and June of 2010. Based on feedback from the community during these sessions, accessibility, safety,
way - finding /identity, healthy environment, and flexibility of space /programming were identified as things that needed
improvement in the facility. These themes translated into physical building elements such as an elevator, barrier -free
washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior gathering space, and
much more.
Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach
to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows:
Phase 1 (2011): Building Additions
■ Lobby addition
■ Elevator
■ Stairwell addition
Estimated Construction Cost — Phase 1 ......................................................... ............................... ....................... $872,000
230
Report to Common Council Page 2 of 4
Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1
Phase 2 (2012): Interior Modifications, Mechanical /Electrical, Life Safety
■ Interior modifications
■ M &E upgrades
■ Life safety
Estimated Construction Cost -Phase 2 ........................................................ ............................... .....................$1,278,000
Phase 3 (2013): Exterior Cladding & Glazing
■ Window replacements
• Install new windows
■ Replace roof
■ Cladding
Estimated Construction Cost - Phase 3 ..............
Phase 4 (2014): Site Work
■ Plaza
■ Stage and movie screen
■ Terraces and sidewalks
■ Trail and landscaping
■ Playground
■ Parking lot
Estimated Construction Cost - Phase 4.....
............................................................ ............................... $350,000
....................................................................... ............................... $470,000
GrandTotal .................................................................................................................... ............................... .....................$2,970,000
A construction budget of $891,300 for Phase 1 of the revitalization project was approved by Common Council as part of
the 2011 capital budget, which was subsequently carried over and approved as part of the 2012 capital budget. Due to
some unforeseen property issues that have only recently been resolved, Phase 1 of construction, including the tendering
thereof, has been delayed until now.
ANALYSIS
A public tender call was issued on July 30, 2012 and closed on August 15, 2012. Five (5) companies responded to the
tender call by submitting bids. The results are as follows (excluding HST):
COMPANY NAME
BID PRICE EXLUDING HS
John Flood & Sons (1961) Ltd.
$912,355
Castle Rock Construction Services Inc.
$1,025,000
Avondale Construction Limited
$1,034,000
Dora Construction Ltd.
$1,203,900
Pomerleau Inc.
$1,290,000
The Class A construction cost estimate prepared just prior to the public tender call was $1,058,500 plus HST.
Staff of Facility Management and Materials and Fleet 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.
231
Report to Common Council
Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1
FINANCIAL CONSIDERATIONS
Page 3 of 4
As previously mentioned, a construction budget of $891,300 has been approved by Common Council as part of the 2012
capital budget.
A summary of the low bid price, accounting for HST and the HST rebate, is provided in the following table:
COMPANY NAME
BID PRICE
EXLUDING HS
HST ;
HST REBATE
TOTAL
John Flood & Sons (1961) Ltd.
$912,355.00
$118,606.15
$87,323.30
1 $943,637.85
As can be seen, after accounting for taxes, the project has come in $52,337.85 (or approximately 5.9%) over the amount
allocated and approved for this project in the 2012 capital budget. It is important to note that the original construction
budget approved by Common Council in the amount of $891,300, was based on a Class C construction cost estimate
prepared at the initial stages of the project, prior to design development. The Class A construction cost estimate
prepared just prior to the public tender call was $1,058,500, which is within 16% of the low bid and 3% of the average
bid price.
Unrelated to this project, Common Council has approved $150,000 for design services for the renewal of the masonry of
the Tower of the Saint John City Market. Fees for the design services associated with this project are significantly under
budget due to efficiencies gained by the consultant via the completion of another project at the City Market in spring of
2012. Final design fees for the renewal of the masonry of the Tower of the City Market are estimated to be less than
$55,000. Staff has recommended that $40,000 of this amount be reallocated to cover additional costs associated with
the design work of Phase 2 of the revitalization of the Nick Nicolle Community Centre (refer to M &C 2012 -225: Nick
Nicolle Community Centre Revitalization Phase 2 — Professional Consulting Services Engagement). Accounting for these
amounts, $55,000 is available from the original $150,000 to be partially reallocated from the City Market to the
construction of Phase 1 of the Nick Nicolle Community Centre Revitalization.
Further to the above, due to the project being the renovation of an existing older building, staff of Facility Management
recommends that a contingency allowance of approximately 15% of the construction cost (or $140,000) be carried to
provide for unforeseen conditions that may arise during construction, only to be used if required. This amount is over
and above what has been budgeted for in the 2012 capital budget. Since the construction schedule will overlap into
2013, it is recommended that Common Council pre - approve $140,000 in the 2013 capital budget, again only to be used
if required due to unforeseen construction conditions.
The table below summarizes the bid price and proposed budget allocation for this project:
DESCRIPTION
BID PRICE
BUDGET
Bid Price Accounting for HST and HST Rebate
$943,637.85
plus Contingency Allowance
$140,000.00
Total Bid Price Including Contingency Allowance
$1,083,637.85
Approved in 2012 Capital Budget
$891,300.00
plus Reallocated from City Market 2012 Capital Budget
$52,400.00
plus Pre - Approved in 2013 Capital Budget
$140,000.00
Total Budget Allocation
-
$1,083,700.00
232
Report to Common Council Page 4 of 4
Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1
INPUT FROM OTHER SOURCES
Input from the Materials Management and Finance Departments of the City of Saint John was solicited during the
preparation of this report, and staff support the recommendations contained herein.
RECOMMENDATION
Your City Manager recommends:
1) That Common Council award Bid No. 2012- 081201T: Nick Nicolle Community Centre Revitalization -
Construction Phase 1 to the low bidder, John Flood & Sons (1961) Ltd., for the tendered price of $912,355.00
plus HST;
2) That Common Council reallocate $52,400 of the previously approved $150,000 within the 2012 capital budget
from the Saint John City Market Masonry Renewal project to the Nick Nicolle Community Centre Revitalization -
Construction Phase 1 to cover the difference between the tendered price and the original approved project
budget of $891,300;
3) That Common Council pre- approve $140,000 in the 2013 Capital Budget to be expended only as required to
address unforeseen conditions during the construction of Phase 1 of the Nick Nicolle Community Centre
Revitalization; and
4) That the Mayor and Common Clerk be authorized to execute the necessary documents.
Respectfully submitted,
Trevor Gamblin, M.Sc.E, P.Eng.
Manager, Facility Manag meet
Gregory o an
s, CGA, MBA
Commis �n�r, Finance and Administrative Services
V
Jai�tk Woods, CGA
lei City Manager
233
Planning
Advisory Committee
August 22, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E21, 4L1
.a
SUBJECT: Proposed Subdivision 1450 -1600 Sandy Point Road City of Saint John
The PIanning Advisory Committee considered the attached report at its August 21, 2012
meeting. Common Council tabled the matter at their meeting of pending receipt of a
Slope Stability Study, completed to the satisfaction of the Chief Building Inspector, or
their designate. A satisfactory report has been received and Staff recommend that Council
remove the item from the table.
Mr. Philip Kierstead, the developer's consultant, appeared to speak on behalf of the
application and indicated that he was in agreement with the recommendation.
No letters were received regarding the matter and no other persons appeared before the
Committee.
After considering the presentation and Staff Report, the Committee adopted the staff
recommendation.
RECOMMENDATION:
That Common Council assent to one or more subdivision plans, in one or more
phases, in general accordance with the submitted Eagles Nest Estates Subdivision
- Phase 1 tentative plan with respect to the vesting of the proposed public and
future streets, as well as to any required municipal services, municipal drainage
and/or public utility easements.
2. That Common Council accept a money -in -lieu land for public purposes
dedication for the Eagles Nest Estates Subdivision - Phase 1.
3. That 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 or his designate.
Respectfully submitted,
Eric Falkj
Chairman
MR
Project No. 12 -126
234
The city of Saint John
DATE: AUGUST 17, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF AUGUST 21, 2012
PREPARED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
SUBJECT: Proposed Subdivision: Eagles Nest Estates - Phase 1
1450 -1600 Sandy Point Road
At their meeting of July 17, 2012 the Planning Advisory made the following recommendation to
Common Council on the above matter:
That Common Council table consideration of the submitted Eagles Nest Estates
Subdivision — Phase 1, Tentative Plan of Subdivision, located at 1450 -1600 Sandy
Point Road, and being part of PID Numbers 55145544, 55151609, and 55145551,
with respect to the vesting of the proposed public streets and any required
municipal services easements and public utility easements, until such time as a
Slope Stability Study has been completed to the satisfaction of the Chief Building
Inspector, or their designate.
Common Council tabled the item at their meeting of July 30, 2012.
Staff are in receipt of a Slope Stability Study which has been reviewed by a designate of the Chief
Building Inspector. Staff have no issues with the content of the report. The report makes note of
stability issues during the construction phase of the project being addressed through the Building Permit
process and also that other aspects of the development, including control of groundwater, must be
approved by the City.
Staff also note that the original planning report did not provide a recommendation for PAC or Council in
the absence of the Slope Stability Report. It would now be appropriate for the Committee to recommend
(I -` � J., `- - - -
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 wwwsaintohn.ca C.P. 1971 Saint John, N. -B, Canada E'_L4L1
"~� 235
Eagle's Nest Estates Page 2
1450 -1600 Sandy Point Road August 17, 2012
that Council assent to the vesting of the proposed public streets and any required municipal services /
drainage easements and public utility easements, along with the authorization of the required City /
Developer Subdivision Agreement.
The original report did not contain a recommendation on acquiring cash -in -lieu for Lands for Public
Purposes although this was discussed in the text of the report. Staff have provided an appropriate
recommendation in this regard.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council assent to one or more subdivision plans, in one or more phases, in general
accordance with the submitted Eagles Nest Estates Subdivision - Phase 1 tentative plan with
respect to the vesting of the proposed public and future streets, as well as to any required
municipal services, municipal drainage and/or public utility easements.
2. That Common Council accept a money -in -lieu land for public purposes dedication for the Eagles
Nest Estates Subdivision - Phase 1.
3. That 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 or his designate.
MR
Project No. 12 -126
236
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FUNDY Engineeri�
Dr. Darrell Gallant
% 504474 NB Ltd.
1580 Sandy Point Road
PO Box 481
Saint John, New Brunswick
E2K 5E7
RE: Eagles Nest Estates Subdivision, Phase
Slope Stability Inspection for Portions
55151609
Dear Dr. Gallant:
fundy@fundyeng.com
www.fundyeng.com
Job File: 12 -9454
31 July 2012
I in Millidgeville, New Brunswick
of PIDs 55145544, 55145551, and
As per your request made on behalf of Mr. Pete Kierstead, Fundy Engineering &
Consulting Ltd. (Fundy Engineering) performed a slope stability inspection (i.e., the
Work). The Work was completed on portions of land identified in the New Brunswick
Geographical Corporation's database as Property Identifiers 55145544, 55145551, and
55151609 located in Millidgeville, New Brunswick between Sandy Point Road and
Kennebecasis Drive. A slope stability inspection was requested by Saint John Common
Council before approval will be given to move forward with Phase I of Eagles Nest
Estates primarily because of steep slopes across the lots (Figure 1).
On Monday 23 July 2012, an initial site visit was completed by Mr. Andy MacVey, P.Eng.
and Dr. Matt Alexander, P.Geo., EP, both of Fundy Engineering, and accompanied by
Mr. Kierstead. That visit was done to complete a general walk -over of Phase I in order
to get a lay of the land and identify where the lots and roadway would be located.
The north- facing hillside is primarily covered by a second - growth immature Acadian
Forest comprised of a good mixture of coniferous and deciduous species. A few old and
partially overgrown dirt roads/ paths were observed along the hillside and allowed for
observation of the underlying materials in many areas. Bedrock prominently outcrops
through the thin (i.e., generally 0.5 m to 3 m thick) Late Wisconsinan blanket and veneer
of mainly stony (i.e., > 35 %) loamy lodgment till, minor ablation till, silt, sand, and gravel.
The Late Devonian bedrock belonging to the Kennebecasis Formation of the Horton
Group is comprised of reddish brown conglomerate and sandstone. The bedrock
observed was competent and no recent slides or movements were noted.
Although it was noted that the area has steep grades (i.e., — 30 %), there are very few
drainage swales along the hillside slated for Phase 1. The reason for this appears to be
that surface water runoff collects in the voids between the bedrock layers / outcroppings
and is held there until it either slowly seeps into the ground or is used in
evapotranspiration processes. This is also evidenced by the presence of eastern white
cedar and balsam fir growing in very confined areas with shallow soils. Where drainage
swales were identified, they were < 1 m deep and extended only through the surficial
sediments to the underlying bedrock (i.e., they scoured away the surficial sediments).
Aq"
A,
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S�?
12
4.
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O
ANDY Engineering
Figure 1. Tentative Phase I lot layout for Eagles Nest Estates in Millidgevifle, New
Brunswick showing slopes across the building lots,
Ft E,
239
-fioalion
f2-9-1:04
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During the initial site visit, Fundy Engineering recommended that test pits be dug within
the area proposed for Phase I to confirm that soils and bedrock at depth correlated with
those observed at the surface. On Friday 27 July 2012, Mr. MacVey returned to the site
to complete a limited test pit investigation. A 20 ton tracked excavator was contracted
through Gould's Trucking Ltd.
Under the direction of Mr. MacVey, two test pits were excavated in areas representative
of the general conditions identified across Phase I during the initial site visit (Figure 1).
One test pit was excavated within the roadway right -of -way while the other was
excavated on lot 21 -F. Both test pits revealed that a thin veneer of granular materials
overlies the bedrock. The veneer is described as reddish brown silty sand over reddish
brown sand with minor gravel and angular rock. Depth to bedrock varied between
0.75 m and 1.2 m below the surface grade. Bedrock is as described above. Minor
organic materials were only noted in the surface layer of the surficial materials.
It is our opinion that the slopes are stable along the hillside proposed for Phase I of
Eagles Nest Estates in Millidgeville, New Brunswick. Stability issues during the
construction phase of the development, as in any development on sloping ground
surfaces, will be addressed through the Building Permit Process. The Engineered
design of slopes and retaining structures are a requirement of the City of Saint John
Bylaws. Control of groundwater, establishing fills on soils or rock free of organic material
and establishing adequate slopes for Engineered Fills dependent upon the fill material
type used are part of the design process.
Closing
We trust that this information is satisfactory for your present needs. This letter covers
materials inspected on the noted dates, Our investigation does not extend to additional
areas not noted in our record, without an amending letter. No assessments concerning
surrounding soil conditions, groundwater, or surface water drainage are expressed or
implied. This letter has been review by Mr. Gordon Mouland, M.Eng., P.Eng. Should
you have any questions or require additional information please contact the undersigned
at your convenience via telephone at 506.635.1566 . or by email at
andy.macvey(@fundyeng.com or matt.aiexander fund en .c tom. ;
Sin //�� ��{yy��`�� re�Asa �. .��
Y Y, ,,, dr. Matt A4exaXid #r, 'PGeo.s EP
Geo iwinlC�i'`iger Environmental Scientist
Fundy 1=ngg 144e ing & Consulting Ltd,
240
-0;2
Planning
Advisory Committee
August 22, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Subdivision - 340 and 341 Loch Lomond Road
City of Saint John
In April of 2012, Common Council authorized staff to continue discussions with
Irving Oil Limited regarding the establishment of a cost sharing agreement for the
installation of traffic signals at the Loch Lomond Road entrance of the Irving Oil
Refinery.
The signal installation would occur with additional intersection improvements
that require widening of the intersection and the provision of turning lanes on
Loch Lomond Road. This requires additional right -of -way to be vested as a Public
Street.
The Committee considered the attached report, dealing with the street vesting,
at its August 21, 2012 meeting.
Mr. Rick Turner, of Hughes Surveys and Consultants, representing the applicant,
appeared at the meeting and spoke in favour of the Staff Recommendation and
suggested a modification to add the word" approximately" before the land area to
be vested. Staff were in agreement with this and suggested an additional
modification which referenced the drawings submitted with the application.
Edie Donovan, representing the landowner at 423 Loch Lomond Road, appeared
before the Committee and expressed concerns regarding access to property,
drainage and the distance from the property at 423 Loch Lomond Road and the
intersection improvements. Staff and the applicant's representative responded to
the concerns from Ms. Donovan noting that the limits of the proposed work would
be approximately 150 to 200 feet from the property in question and that the
signals would improve traffic safety and access to the properties along Loch
Lomond Road.
One letter, which is attached, was received regarding the project. After
considering the presentations, letter and Staff Report, the Committee adopted the
Staff Recommendation, as amended, regarding the area to be vested as a Public
Street.
241
-z-
RECOMMENDATION:
That Common Council assent to the submitted Highlands Operations Limited,
Irving Oil Operations General Partner Limited, Irving Oil Operations G.P. and
Irving Oil Operations Limited and Atlantic Land Dealers Ltd. tentative
subdivision plans that would vest a total of approximately 760 square metres from
PID Numbers 00313791, 00313734 and 55155964 as part of the Loch Lomond
Road public street right -of -way as generally shown on the plans provided with the
application.
Respectfully submitted,
Eric Falk
Chairman
M2
Project No. 12 -218
242
.4
T
The City of Saint John
DATE:
TO:
FROM:
FOR:
PREPARED BY:
s 1
AUGUST 17, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING PLANNING AND DEVELOPMENT
MEETING OF AUGUST 21, 2012
REVIEWED BY:
S erring, MCIP; P Ken Forrest, MCIP, RPP
Planner Commissioner
SUBJECT:
Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of Irving Oil
Company Ltd.
Name of Owner: Highlands Operations Limited, Irving Oil Operations General
Partner Limited, Irving Oil Operations GP and Irving Oil
Operations Ltd. and Atlantic Land Dealers Ltd.
Location: 340 and 341 Loch Lomond Road
PID: 00313791,00313734 and 55155964
Municipal Plan: Stable Residential and Heavy Industrial
Zoning: "RS -2" One and Two Family Suburban Residential and 6I -2"
Heavy Industrial
Proposal: To subdivide and vest three parcels of land as public street right -
of -way to provide for the proposed future installation of traffic
signals.
Type of Application:
/ 511: 71
SAINT JOHN
Subdivision and public street vesting.
P.O. BoA 1971 Saint John, NB Canada E2E L4L1 vwwa.saintjohnxa I C.P. 1971 Saint John, N. B. Canada E2L4L,
243
Hughes Surveys & Consultants Ltd. Page 2
340 and 341 Loch Lomond Road August 17, 2012
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and land for public purposes in conjunction with the subdivision
of land.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council assent to the submitted Highlands Operations Limited, Irving Oil Operations
General Partner Limited, Irving Oil Operations G.P. and Irving Oil Operations Limited and Atlantic
Land Dealers Ltd. tentative subdivision plans that would vest a total of 761 square metres from PID
Numbers 00313791, 00313734 and 55155964 as part of the Loch Lomond Road public street right -of-
way.
BACKGROUND:
On April 10, 2012, the Traffic Engineer provided a report to Council regarding traffic signals at the
Irving Oil Refinery. Irving Oil Limited had requested that traffic signals be installed on Loch Lomond
Road at the entrance to the Irving Oil Refinery at 340 Loch Lomond Road. In response, City staff
requested that IOL undertake a traffic study to determine whether the installation of traffic signals would
be appropriate at this location. The traffic study was completed and staff were satisfied that traffic lights
were warranted.
Common Council directed City staff to continue discussions with Irving Oil Limited for the purpose of
establishing a cost sharing agreement to be considered by Common Council for the installation of traffic
lights on Loch Lomond Road at the entrance to the Irving Oil Refinery.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no concern with the proposed subdivision and street
vesting; however, if the vested lands are not adequate to contain the required municipal infrastructure for
a signalized intersection, the applicant will be required to subdivide and vest additional lands for the
street right -of -way. This will be determined following submission of the detailed engineering drawings
for the traffic light installation.
Buildings and Inspection Services has no issues with the proposal.
Saint John Fire Department has been advised of this application.
Saint John Police Force has been advised of this application.
244
Hughes Surveys & Consultants Ltd. Page 3
340 and 341 Loch Lomond Road August 17, 2012
ANALYSIS:
Subject Site and Neighbourhood
The subject sites are located on Loch Lomond Road in the vicinity of the Irving Oil Refinery entrance
driveway in East Saint John. The sites are currently owned by Highlands Operations Limited and
Atlantic Land Dealers Ltd. and have been offered to the City as part of the public street right -of -way to
provide for the future installation of traffic signals at this location.
The 304 hectare hectare property at 340 Loch Lomond Road is zoned "I -2" Heavy Industrial and
contains the Irving Oil Refinery.
The 3,905 square metre property at 341 Loch Lomond Road is zoned "I -2" with conditions imposed in
1998 limiting the use of the site to a Visitors Centre for the Irving Oil Refinery. The site currently
contains a dwelling and two garages, and there is no signage to indicate that either of the garages are
being used as a Visitors Centre as proposed and approved in 1998.
The 33 hectare property with PID Number 00313734 (no civic address) is zoned "RS -2" one and two
Family Suburban Residential and is currently vacant.
The surrounding area contains the Irving Oil Refinery, a cemetery, a number of detached dwellings and
the St. Joachim's Church. This portion of Loch Lomond Road is designated as an Arterial Street by the
Municipal Plan.
Proposed Subdivision
The proposed subdivision includes parcels equalling:
111 square metres from the property at 341 Loch Lomond Road (PID 00313791);
268 square metres from the property at 340 Loch Lomond Road (PID 55155964); and
382 square metres from the property at PID 00313734.
These parcels will be subdivided as shown on the attached tentative plans and will not reduce the subject
property areas below that which is required by the Zoning Bylaw. Following subdivision, these parcels
are proposed to be vested as portions of the Loch Lomond Road right -of -way to facilitate the future
installation of traffic signals.
As noted by the Department of Municipal Operations and Engineering, the details of the proposed traffic
signals will be reviewed and analysed at such time as detailed engineering drawings are submitted to the
City. The current application deals only with the proposed subdivision and vesting of these parcels as
part of the public street right -of -way.
245
Hughes Surveys & Consultants Ltd. Page 4
340 and 341 Loch Lomond Road August 17, 2012
CONCLUSION:
As the subject parcels of land are required for the installation of traffic infrastructure and the proposed
subdivision will not impact the subject sites or surrounding land uses, it is recommended that Common
Council assent to the proposed subdivisions and street vesting.
SH
Proj ect No. 12-218
246
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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00313791
Location: 340, 341 chemain Loch Lomond Road 55155964
Date: August 3, 2012
Scale /echelle: Not to scale /Pas a 1'echelle
247
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252
Planning
Advisory Committee
August 22, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Subdivision and Variances - 210 Lawrence Long
Road
City of Saint John
The Planning Advisory Committee considered the attached report at its August
21, 2012 meeting. The applicants, Mr. Michael Long and Mrs. Catherine Long,
appeared to speak in support of their application and were in general agreement
with the Staff Recommendation contained in the report, with the exception of
Recommendations #3 and #6, which pertain to the Land for Public Purposes
(LPP) dedication. The applicants had re- iterated their desire to convey a parcel
with an approximate area of 452 square metres to the City, as illustrated on the
attached tentative subdivision plan. Further, it was indicated that they have
additional land in the vicinity that could potentially be conveyed to the City in
order to satisfy the requirement for the remaining 2,467 square metres of LPP.
However, they also indicated that a cash -in -lieu payment for the balance (of the
LPP requirement) could be acceptable, depending on the specific amount.
Mr. Michael Cobham, of 143 Lawrence Long Road, addressed the Committee and
requested clarification on a number of By -law requirements. Further, he expressed
concerns about the safety of the existing road and the potential impact that
increased traffic resulting from the subdivision would have on the area.
Mr. Peter Campbell, of 241 Arthurs Road, appeared before the Committee and
expressed disagreement with the Staff Recommendation as it pertains to the LPP
dedication. Mr. Campbell expressed support for the applicants' proposal to
convey the proposed LPP parcel to the City instead of requiring a cash -in -lieu
payment.
In addition to these speakers, two letters were received (copies attached). One was
from Mr. Campbell outlining his view on the proposed LPP dedication, while the
other expressing concerns with regard to the street construction variances.
After considering the matter, the Committee adopted the Staff Recommendation,
with a revision to Recommendation #3. Instead of the LPP dedication being
entirely comprised of a cash -in -lieu payment, the Committee recommended that
the City accept a combination of land and cash. More specifically, the Committee
recommended that the proposed parcel with an approximate area of 452 square
metres be accepted by the Common Council, with the balance of the LPP
253
-2-
requirement to be comprised of a cash -in -lieu payment. For your convenience,
this revised recommendation is set out below.
In considering the application, the Committee approved the proposed street name
of "Pasture Hill Road" and granted the following variances from the requirements
of the Subdivision and Zoning By -laws to:
a) allow the proposed street to be constructed to the "rural road" standard,
whereas it is required to be constructed to the "local street" standard;
b) reduce the minimum required width of the proposed public street right -of -way
from 23.1 metres to approximately 20.1 metres;
c) allow the placement of "front- overhead" electrical utility lines whereas they
are required to be placed underground at the front of the proposed lots;
d) reduce the minimum required lot area from 5,350 square metres to lot areas
varying between 4,603 square metres and 5,064 square metres for lots 08 -01
to 08 -05 and lots 08 -07 to 09 (inclusive); and
e) reduce the minimum required lot width from 59 metres to approximately 20
metres (Lot 08 -06), approximately 56 metres (Lot 08 -03) and approximately
58 metres (Lot 08 -02).
A variance to reduce the minimum required amount of Land for Public Purposes
from 2,919 square metres to approximately 452 square metres, while not
explicitly denied, was not granted by the Committee.
It should be noted that the Staff Report indicates that Staff s support of the
proposal is contingent on the privately -owned portion of Lawrence Long Road
being conveyed to the City. Common Council has yet to review this matter,
however consideration of the subject application is a preliminary step that must be
undertaken prior to initiating the subsequent analysis and review process.
RECONEMENDATION:
1. That Common Council assent to one or more subdivision plans, in one or
more phases, with respect to the vesting of the proposed public street(s), as
generally illustrated on the attached photo - reduced tentative subdivision
plan entitled `Pasture Hill Estates Subdivision' dated April 20, 2012,
including any necessary municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement(s) to ensure provision of the
required work and facilities, including detailed site and drainage plans for
the approval of the Chief City Engineer.
3. That Common Council accept a Land for Public Purposes dedication
comprised of a combination of land (being the proposed parcel with an
254
-3-
approximate area of 452 square metres) and a cash -in -lieu payment based
on the balance, in order to satisfy the Land for Public Purposes
requirement.
Respectfully submitted,
Eric Falk'
Chairman
PF
Project No. 12 -214
255
The city of Saint john
DATE: AUGUST 17, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
FOR: MEETING OF AUGUST 21, 2012
PREPARED BY:-- / REVIEWED BY:
Patrick Foran Ken Forrest, MCIP, RPP
Planning Officer Commissioner
SUBJECT:
Name of Applicant: Michael & Catherine Long
Name of Owner: Michael & Catherine Long
Location: 210 Lawrence Long Road
PID: 55163133
Municipal Plan: Rural Residential
Zoning: "RS -2" One and Two Family Suburban Residential
Proposal: To develop a nine -lot subdivision.
Type of Application: Subdivision and variances to:
1) allow the proposed street to be constructed to the "rural road"
standard, whereas it is required to be constructed to the "local
street" standard;
1
SAWT JOHN P.O. Box 1971 Saint john, NB Cani -da EA Al 3 www.saintjohn.ci CA 1971 Saint john, NA, Canada F21. 4L1
256
Michael & Catherine Long page 2
210 Lawrence Long Road August 17, 2012
2) reduce the minimum required width of the proposed public
street right -of -way from 23.1 metres to approximately 20.1
metres;
3) reduce the minimum required amount of Land for Public
Purposes from 2,919 square metres to approximately 452
metres;
4) allow the placement of "front- overhead" electrical utility lines
whereas they are required to be placed underground at the front
of the proposed lots;
5) reduce the minimum required lot area from 5,350 square
metres to lot areas varying between 4,603 square metres and
5,064 square metres for lots 08 -01 to 08 -05 and lots 08 -07 to
09 (inclusive); and
6) reduce the minimum required lot width from 59 metres to
approximately 20 metres (Lot 08 -06), approximately 56 metres
(Lot 08 -03) and approximately 58 metres (Lot 08 -02).
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and land for public purposes in conjunction with the subdivision
of land.
The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the
requirements of the Subdivision and Zoning By -laws, The Committee can impose conditions,
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council assent to one or more subdivision plans, in one or more phases, with
respect to the vesting of the proposed public street(s), as generally illustrated on the attached
photo - reduced tentative subdivision plan entitled `Pasture Hill Estates Subdivision' dated April
20, 2012, including any necessary municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of a City /Developer Subdivision
Agreement(s) to ensure provision of the required work and facilities, including detailed site and
drainage plans for the approval of the Chief City Engineer.
That Common Council accept a cash -in -lieu payment instead of the required land dedication in
order to satisfy the Land for Public Purposes requirement.
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Michael & Catherine Long Page 3
210 Lawrence Long Road August 17, 2012
4. That the Planning Advisory Committee approve the proposed street name of "Pasture Hill
Road ",
5. That the Planning Advisory Committee grant the following variances from the requirements of
the Subdivision and Zoning By -laws to:
a) allow the proposed street to be constructed to the "rural road" standard, whereas it is required
to be constructed to the "local street" standard;
b) reduce the minimum required width of the proposed public street right -of -way from 23.1
metres to approximately 20.1 metres;
c) allow the placement of "front- overhead" electrical utility lines whereas they are required to
be placed underground at the front of the proposed lots;
d) reduce the minimum required lot area from 5,350 square metres to lot areas varying between
4,603 square metres and 5,064 square metres for lots 08 -01 to 08 -05 and lots 08 -07 to 09
(inclusive); and
e) reduce the minimum required lot width from 59 metres to approximately 20 metres (Lot 08-
06), approximately 56 metres (Lot 08 -03) and approximately 58 metres (Lot 08 -02),
6. That the Planning Advisory Committee deny the requested variance to reduce the minimum
required amount of Land for Public Purposes from 2,919 square metres to approximately 452
square metres.
BACKGROUND:
The Acamac / South Bay area (which includes the Lawrence Long Road) was annexed by the City in the
mid- 1960's. The exact length and configuration of Lawrence Long Road at the time of amalgamation is
not clear, but City records indicate that the initial 336 metres (1,100 feet), approximately, appear to be
public with the remaining approximately 560 metres (1,800 feet) being privately owned and extending
to the original, long- existing Lawrence Long homestead.
Also unclear is the number of dwellings that were existing at the time of amalgamation and whether they
fronted on the publicly or privately owned portion of the road. However, since the 1980's the Planning
Advisory Committee has approved the creation of approximately eight lots that have access via the
privately -owned portion of the street, most recently in 1996. While the earliest staff report(s) expressed
concern with the state of repair of the road (and in fact a condition was imposed by the Committee
prohibiting further subdivision without street construction to City standards), additional subdivisions
were allowed in the mid- 1990's subsequent to Committee approval of the access (which appears to have
included favourable recommendations from Planning Staff). It is not clear what, if any, street
improvements were undertaken in the intervening years, however at present the latter portion of
1 In 1996, tentative approval was given to a subdivision proposing the creation of three lots on a private access (Lawrence
Long Road) subsequent to approval of the access by the Conunittee. However, the final plan actually creating the lots was
only approved in 2003.
258
Michael & Catherine Long Page 4
210 Lawrence Long Road August 17, 2012
Lawrence Long Road is still considered a private street and does not satisfy the minimum construction
standards for a public street.
In August of 2011, an application was submitted proposing to sever a lot with an area of approximately
2.8 hectares (7 acres) from the parent property in order to accommodate the future construction of a
single - family dwelling. Because access to the proposed lot was by means other than a public street,
approval of the Committee was required. The Committee, at its September 20, 2011 meeting, considered
the proposal and approved the proposed access as being advisable for the proposed development of land.
Notwithstanding the approval of the proposed means of access, the proposed subdivision has yet to be
undertaken.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has indicated that:
• There is no municipal servicing (water, sanitary, storm) available.
• While minimum road maintenance services are provided to Lawrence Long Road a portion of the
access is located on private property.
• The majority of the existing Lawrence Long Road is of substandard construction (including the
width). This access is not constructed to current municipal engineering standards for right of way
and travel lane widths, shoulders, base and surface materials, and drainage features.
• In accordance with the Subdivision By -law, every lot should abut a public street.
• There is no guarantee to the level of service or continuation of service that will be provided by the
municipality as this is a privately owned road.
• Support of this application is conditional on ownership of the existing portion of Lawrence Long
Road, in its present state, being conveyed to the City to vest as a public street, as agreed to with the
applicants in 2009.
• The proposed extension of Lawrence Long Road would extend to the existing "future street" and be
built as a public street to at least the Rural Road standard. The requested reduced width variance
from 23.1 in to 20.1 metres can be supported for this proposal;
• A "future street" should be constructed to the Rural Road standard in order to provide the
interconnectivity with Arthurs Road as this was the basis of Staff's support for the original proposal.
• As with all other proposed subdivisions, any street construction or improvements would be the full
responsibility of the developer. Detailed engineering (street) plans must be provided by the
developer's engineering consultant to the City by the developer's engineering consultant for review
and approval.
• The developer's engineering consultant must provide detailed engineering storm water drainage
plans and a design report to the City for review and approval. In addition to the Lawrence Long
Road being very narrow with drainage issues, there is a significant issue with the existing
infrastructure on this road which must be addressed prior to considering development at the end of
the existing road.
• During the spring Lawrence Long Road toward its end can be submerged with floodwater and can be
impassable for several days. Although the existing few property owners managed to transport via
boats, there would a delay in emergency response if it was needed. Increasing the number of
residences beyond the section that flooded would increase the risk of such an emergency event
occurring should a similar flooding event occur in subsequent years. Prior to any new development
259
Michael & Catherine Long
210 Lawrence Long Road
Page 5
August 17, 2012
taking place, upgrades would be required by the developer to ensure continuous road access
unaffected by annual spring freshet. (Photos attached)
Buildings and Inspection Services has indicated that it has no issues with the proposed subdivision as
there is a distinct advantage to having the roadway looped through Lawrence Long and Arthurs Roads
from a public safety viewpoint and a servicing aspect.
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Michael & Catherine Long Page 6
210 Lawrence Long Road August 17, 2012
Saint John Fire Department has been forwarded a copy of the application.
Saint John Transit indicates that it offers limited service along the Westfield Road on weekdays in
close proximity to this location,
Leisure Services has indicated that the LPP lands proposed on this plan have little utility as recreational
space if undeveloped. In lieu of numerous small areas of land obtained by piecemeal development, cash
in lieu would better serve the broader neighbourhood by supporting improvements to existing
recreational facilities in the area as well as connections between them.
Geographic Information Systems (Planning and Development) has indicated that "Pasture Hill
Road" is an acceptable street name and has been reserved.
Saint John Energy has been forwarded a copy of the application.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline advise that the area is all
"clear" and that the proposal is not near any pipeline facilities.
ANALYSIS:
Site and Neishbourhood
The subject property extends from the end of the publicly -owned portion of Lawrence Long Road
(approximately 336 metres east of its intersection with Westfield Road) to the banks of the Saint John
River / South Bay in the Acamac / South Bay area (see attached location map).
The property is configured similarly to a flag - shaped lot, with the "stem" of the lot (containing the
privately -owned portion of Lawrence Long Road) extending from the end of the publicly owned portion
of the street a distance of approximately 560 metres eastward to the developable portion of the property,
This rear portion has an area of approximately 54,000 square metres (13.5 acres) which the applicant is
proposing to subdivide into nine unserviced lots residential approximately 5,000 square metres (one and
a quarter acres) each in area. Presently existing on the parent property is the applicants' dwelling for
which a building permit was issued in 2009.
The surrounding area is rural in nature, being comprised primarily of single - family dwellings of varying
styles situated on large (4,000 or more square metres) unserviced lots. The only strictly non- residential
use in the general vicinity appears to be on the property to south addressed as 186 & 320 Lawrence
Long Road, which was rezoned in 1999 to permit a horse stable and riding arena for up to twelve horses.
Proposal
The applicant has submitted a subdivision application proposing the creation of nine unserviced
residential lots along an extension of Lawrence Long Road (see attached tentative subdivision plan). As
part of the proposal, the "future street" (PID 55065346, see attached map) would be constructed, thereby
allowing Lawrence Long Road to connect to Arthurs Road via a new street tentatively named Pasture
Hill Road. A narrow Land for Public Purposes (LPP) dedication of approximately 452 square metres
would extend from the proposed Pasture Hill Road to the Saint John River.
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Michael & Catherine Long Page 7
210 Lawrence Long Road August 17, 2012
The configuration of the current proposal was derived in large part from a number of previous
discussions between City Staff and the applicant beginning in late 2007 / early 2008. In reviewing
earlier versions of the proposed subdivision, Staff had concerns pertaining to the proposed means of
access given that most of the existing Lawrence Long Road is a private street that is not constructed to
the current minimum street standard. Further, the developable portion of the property where the
proposed lots would be created is beyond the section of Lawrence Long Road that is susceptible to
flooding during the spring freshet. In fact, there are some existing properties created in the late 1990's /
early 2000's that can become inaccessible at certain times of the year due to the higher water level.
In situations such as the present instance where an existing street or other access to a proposed
subdivision is substandard, the Subdivision By -law requires that the proponent make provision to bring
the existing access up to the same standard as required for the new street(s) within the subdivision as a
condition of approval. It is recognized that there are substantial challenges in doing so in the present
instance. Specifically, the length of the privately -owned portion of Lawrence Long Road that would
have to be improved is significant and would likely be cost - prohibitive. This is coupled with the fact that
an Environmental Impact Assessment would likely be necessary to build up the low point of the road so
as to resolve the flooding issue.
The costs of the required street upgrades, coupled with those of the new street construction, speak to
viability of the proposal. While it is not ordinarily the City's responsibility to resolve the feasibility of a
particular project, it is recognized that the City has inherited some maintenance responsibilities from the
Province with regard to Lawrence Long Road that differentiate this project from other proposals.
Further, given the inaccessibility of certain lots at the end of Lawrence Long Road, there is concern
(liability) regarding the City's ability to provide emergency services.
Consequently, the above - mentioned concerns were discussed between the applicants and Staff, and it is
Staff s understanding that there was general agreement with the following compromise to address the
concerns pertaining to the access:
The applicants would accept responsibility for constructing the City -owned "future street" (identified on
the tentative subdivision plan as PID 55065346) to the "rural road" standard at their cost as part of the
standard City/Developer Subdivision Agreement. This would be in addition to the street construction
required for the extension of Lawrence Long Road and the creation of Pasture Hill Road.
In exchange, Staff would recommend that Common Council accept transfer of ownership of the
privately -owned portion of Lawrence Long Road in its current state to the City, with appropriate "rural
road" right -of -way width. Once ownership of the road was transferred, the City would become
responsible for the costs of improving and maintaining Lawrence Long Road, including any
Environmental Impact Assessment(s) necessary to build up the low point that is prone to flooding.
Staff's support of this concept is predicated on the fact that the connection of Lawrence Long Road to
Arthurs Road via the new Pasture Hill Road would create an alternate access point to the properties that
are rendered periodically inaccessible due to flooding. Not only would the inaccessibility problems be
rectified, but with the transfer of ownership of the road to the City, future maintenance and
improvements could be undertaken as per the normal prioritization process. Staff remain supportive of
the general concept, although a number of variances (detailed below) are required.
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Michael & Catherine Long Page 8
210 Lawrence Long Road August 17, 2012
It should be noted that Municipal Operations and Engineering has provided comments to the applicants
in a letter dated October 16, 2009 advising that in order to ensure that the physical roadway is not
located on third -party lands, both the City (for the apparently publicly -owned portion) and the applicant
(for the privately -owned section) may need to have their respective portions of the road surveyed, at
their cost. For clarification purposes, should the survey(s) illustrate that the portions of the road to be
conveyed are on third -party lands, the Staff recommendation to Common Council may be affected.
Municipal Plan Context
The subject property is designated Rural Residential. This designation applies to those lands which
accommodate existing or approved low - density residential development that is not located within a
Rural Settlement Areal, is unserviced, and is located beyond the Primary Development Area. The
Municipal Plan seeks to curtail this form of development in the future by limiting further subdivision of
lots for this purpose.
Further, Council intends that land within the Rural Residential Area designation is generally intended to
accommodate existing rural residential development. Development of residential uses on existing lots is
permitted but the creation of new lots for additional rural residential development is generally
discouraged.
However, the dedication of new public streets (or street extensions) can be accepted as part of a
subdivision approval if, in the determination of Council, the new streets / street extensions are necessary
to provide safe access to the proposed development or are necessary to improve connectivity between
existing developments in the general area. In light of the access issues outlined earlier in this report,
Staff s opinion is that the current proposal would address the outstanding safety and connectivity issues
that presently exist and can be recommended to Common Council as per the policies of the Municipal
Plan.
Subdivision & Variances
Street Construction & Utility Servicing Standards
Because the proposed subdivision involves new public streets, the Community Planning Act requires the
Planning Advisory Committee to provide a recommendation to Common Council concerning the
proposed street vesting. Based on the submitted tentative subdivision plan, the street layout is acceptable
to Municipal Operations and Engineering and can therefore be recommended to Council on this basis.
The Staff Recommendation includes all the necessary assents and approvals for the tentative plan,
easements, and City/Developer Agreements, etc.
With regard to the actual street construction, the Subdivision By -law requires the proposed street to be
constructed to the "local street" standard. This standard requires concrete curbing and sidewalks, which
are not features present on adjoining streets, such as Arthurs Road, which was recently reconstructed to
the "rural road" standard. In order to allow the proposed street to be constructed in manner consistent
with other existing streets in the surrounding area, and based on discussions with City Staff, the
2 The Rural Settlement Areas are Martinon to Ketepec, Lorneville and Treadwell Lake.
263
Michael & Catherine Long Page 9
210 Lawrence Long Road August 17, 2012
applicant is requesting a variance to allow the proposed street to be constructed to the "rural road"
standard. Municipal Operations and Engineering is in support of this variance and, for the reasons
outlined, Staff can also recommend approval of this variance.
Should the Committee be inclined to grant the necessary variance to allow the street to be constructed to
the "rural road" standard, a subsequent variance will be necessary to reduce the minimum required width
of the public street right -of -way from 23.1 metres to approximately 20.1 metres. In addition to the
concrete curbing and sidewalks, the other difference between the "rural road" and "local street"
standards is the minimum required width of the public street right-of-way, A "local street" is required to
have a minimum width of 20 metres, whereas the "rural road" is required to have a minimum width of
23.1 metres. However, this standard was only recently increased to 23.1 metres, when it had previously
been 20 metres. A width of 20 metres would be consistent with the existing streets to which the new
streets would connect (Lawrence Long Road and Arthurs Road). Given these observations, in
conjunction with Municipal Operations and Engineering's support, approval of this variance can be
supported.
In addition, the Subdivision By -law requires that the electrical utility lines be placed underground at the
front of the lots to be served. Although the By -law permits the utility lines to be placed overhead when
subdivision occurs along existing streets, there is no such relaxation for street extensions / new streets.
Further, the By -law allows "front overhead" utilities in Rural Residential subdivisions, but as the present
proposal does not entail a rezoning to "RR" One Family Rural Residential, this provision is not
applicable.
However, both the existing Lawrence Long Road and Arthurs Road have front overhead servicing
presently in place. Continuing the "front overhead" servicing would allow for consistency with the
surrounding area and given that the proposal is essentially characterized as a rural residential
subdivision, approval of this variance can be supported.
Land for Public Purposes
The development of the original parent property has unfolded over a period of several decades. Not
uncommon in these types of rural settings, it appears that the lots were generally created either one at a
time or in small numbers. It does not appear that there was an overall plan guiding the development of
the subdivision (street configuration, LPP, etc.) and as a consequence it does not appear that having a
publicly - accessible area, be it along the shoreline or elsewhere, was ever contemplated. The remnant
parcel is the last phase which can be developed and there are difficulties in attempting to require a
significant land -based LPP dedication at this time given it was never a feature that was planned for,
In light of the comments received from Leisure Services, it is not anticipated that any proposed LPP
parcel as part of this subdivision would be developed by the City. The specific LPP parcel put forth by
the applicant, while satisfying the intent of the By -law in providing public access to a water feature,
would only have a width of approximately d metres, limiting its ability to be developed or utilized by the
public in any event. Therefore a land dedication would be of little benefit to the community if it were
accepted and is not considered appropriate in this instance.
While there is no planning rationale to support a variance to reduce the minimum amount of LPP
required, the Subdivision By -law allows for a cash -in -lieu payment to be provided. Although this
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Michael & Catherine Long Page 10
210 Lawrence Long Road August 17, 2012
payment is based on a percentage of the value of the land being subdivided, the calculation of the value
of the payment takes into account the cost of the street construction. It is anticipated that the net LPP
payment would be approximately several hundred dollars per lot. By providing a cash -in -lieu payment,
not only would the LPP requirement be satisfied, but, the tentative plan could be revised to increase the
size of the proposed lots, thereby reducing or eliminating the need for some of the lot area variances.
A cash -in -lieu payment is supported by Leisure Services as they have indicated that it would be more in
keeping with the strategy of Play SJ of improving and supporting existing recreational facilities instead
of adding to the large number of existing parcels which are costly to develop and maintain. For the
reasons outlined above, Staff is recommending an LPP dedication in the form of a cash -in -lieu payment,
based on the full By -law amount (i.e., no variance).
Lot Dimensions
At the time the original concept was prepared and subsequently reviewed by Staff, all of the minimum
required lot dimensions were in conformity with the standards of the Subdivision and Zoning By -laws,
with the exception of Lot 08 -06. However, as this lot was essentially a "flag- shaped" lot with ample area
beyond the access portion (in fact it is the largest lot in the subdivision), Staff was supportive of the
necessary lot width reduction from 54 metres to 20 metres.
However, since that time, there have been a number of legislative changes affecting standards for
unserviced development. Aside from the adoption of the new Municipal Plan (P1anSJ) which was
detailed earlier in this report, the regulations administered by the Provincial Department of Health were
amended such that they no longer provide an assessment of the proposed lots as part of the tentative
subdivision review process for suitability of an on -site sewage disposal system. Based on discussions
with the Department of Health, it was determined that, as a substitute for having a lot assessment,
increasing the minimum required lot area to 5,350 square metres and minimum required lot width to 59
metres should be sufficient in most instances for property owners to install a traditional on -site septic
disposal system.
As a result of the increased lot dimension standards, only one of the proposed lots (Lot 08 -06) would
meet the current minimumm lot area requirement, and three of the lots need variances to reduce the lot
width from 59 metres to approximately 20 metres (Lot 08 -06), approximately 56 metres (Lot 08 -03)
and approximately 58 metres (Lot 08 -02).
Notwithstanding that the earlier proposal was never given tentative approval and that lot assessments
were never undertaken prior to the changes to the Public Health Act, the proposed lots are all well over
the previous threshold of 4,000 square metres in area and, other than Lot 08 -06, would exceed the
previous lot width requirement of 54 meters. As mentioned previously, however, Lot 08 -06 is essentially
a "flag- shaped" lot — the developable part of the lot, which contains the applicants' recently constructed
dwelling, has almost double the minimum required lot area (approximately 8,906 square metres) and
almost twice the width (approximately 93 metres).
Further, the proportions of the proposed lots would be consistent with those of the existing lots in
surrounding area which have been able to accommodate private on -site well and septic. It is not
anticipated that the proposed lots would be any different. Based on the above observations, approval of
the lot dimension variances can be supported.
265
Michael & Catherine Long
210 Lawrence Long Road
CONCLUSION:
Page 11
August 17, 2012
At first glance, the proposed subdivision is not in keeping with the vision of the recently adopted
Municipal Plan as it is outside of the Growth Boundary and involves the extension of a street to
accommodate additional unserviced development. Further, the number of variances may create concerns
about the conformity of the proposal with City standards.
However, the Plan does recognize that there are instances where this type of development can be
accommodated in order to address existing safety concerns or to improve street connectivity. Staff is of
the opinion that this is one of those instances.
The proposal outlined herein is an opportunity for the City to acquire a private road for which it has
inherited some maintenance responsibilities, but has faced significant challenges in being able to service
properly given the ownership issue. Not only could future maintenance be facilitated, but until such time
as the road is improved, an alternate access point would be provided via the Arthurs Road.
A number of variances which are considered relatively minor in nature are necessary to allow the
concept to proceed, but neither the overall subdivision configuration nor individual lots would be
inconsistent with the established development pattern of the surrounding area. Consequently, Staff can
recommend the necessary assents and variances as detailed in the Staff Recommendation.
PF
Project No, 12 -214
266
PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPENIENT
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August 15, 2a 12
Patrick Foran
Planning Officer
07:50:44 p.m. 08 -14 -2012 212
We are writing with regard to the variances requested by the 210 Lawrence Long Road -
proposed subdivision,
The Lawrence Long Road is a narrow road that has never been brought up to the Local
Street Standard of 66 feet wide. This should be done before more building lots are put
on the Lawrence Long Road, this road should to updated to Local Street Standard of 66
ft wide before considering a traffic change to the Arthurs and the Acamae Beach Road,
which has a narrow hair pin turn that (should be updated) 2 cars can barely meet and pass
with the existing traffic. This corner (Acamae Beach Road) should be brought to Local
Street Standard or there should be no increased traffic burden. With the new construction,
heavy trucks and equipment will be put on the Arthurs and Acamac Beach Roads, which
will be risking lives on that dangerous narrow turn.
With regard to the sidewalks, the electrical wires on top of ground not under, land for
public use, who if not the applicant will be paying for these things. Will it be a financial
burden on the People of the City of Saint John?
No improvements have been done to the Arthurs Road, Acumac Beach Road or
Lawrence Long Road since at least 1989.
Before you make your final decision, please take this into consideration.
Yours Sincerely
Nora Oliver
Frank and Kathy Oliver
Janice Oliveru�
7,� -,:D 7 7 b
269
Peter Campbell
241 Arthurs Road
Saint John, NS
E2M 6A3
August 20, 2012
Members of the Planning Advisory Committee;
I am writing in response to the staff report to the committee regarding the proposed subdivision
and variances at 210 Lawrence Long Road.
I do not have any objections to the development in general, however I do object to two of city
staff's recommendations in its report ( #3 and #6) that the city accepts cash -in -lieu of the
required Land for Public Purposes.
I disagree with the analysis on page 9 that the proposed parcel of land it would be of "little
benefit to the community if it were accepted ". While the parcel of land the developer has
proposed represents just a portion of what is required, it would at least provide a small public
space and water access to area residents, which we currently do not have. If the parcel of land
was to be made larger, as is required without the requested variance, it would be of even
greater benefit to the neighbourhood and could perhaps in the future be developed into a small
community park.
I therefore suggest that the city accept land for Public Purposes from the developer and the
committee consider recommending that the parcel of land be enlarged and not eliminated from
this development.
Regards,
e', 6, �
Peter Campbell
270
rli9 f
I
The City of saint John
September 10, 2012
Deputy Mayor and Councillors:
Subject: Committee of the Whole — Recommended Appointments to Committees
"RESOLVED that the Committee of the Whole having met on September 4th, 2012 recommends
the following appointments to committees:
Fundy Region Solid Waste Commission: to appoint Councillor McAlary for a term from
September 10, 2012 until the end of her current term on Council.
Saint John Parking Commission: to appoint Councillor Reardon for a term from September
10, 2012 until the end of her current term on Council.
Trade and Convention Centre Oversight Committee: to appoint Councillor Merrithew for a
term from September 10, 2012 until the end of his current term on Council.
Saint John Airport Inc.: to nominate Jonathan MacKenzie and Ross Jefferson for
consideration by Saint John Airport Inc. for a three year term in compliance with By -law #1 of
Saint John Airport Inc.
Uptown Saint John: to appoint Councillor Reardon for a term from September 10, 2012 until
the end of her current term on Council.
Council -Saint John Water: to appoint Mayor Norton and Councillors Merrithew, MacKenzie
and McAlarey each for a term from September 10, 2012 until the end of their current terms on
Council.
Saint John Industrial Parks: to appoint Patrick McCaffrey for a three year term from
September 10, 2012 to August 27th, 2015.
Council Finance Committee: to appoint Councillor Fullerton for a term from September 10,
2012 to the end of her current term on Council.
Fundy Trail Development Authority Inc: to appoint Graeme Stewart - Robertson for a three
year term from September 10, 2012 to September 10, 2015.
.',AIlNT 1011 IN P.O. sox 1 971 Saint. John, NB C anAa E2L 4L7 , www saHtJohn.Ca I \-.1' '1971 Saint Jahn N. -B. Canada E2L 40
271
Planning Advisory Committee: to appoint Patrick Beamish replacing Erik Kraglund for a term
from September 10, 2012 until January 1, 2013; and re- appoint Morgan Lanigan for a term from
September 10, 2012 to January 1st, 2015.
City of Saint John Non- Profit Housing Committee: to appoint Councillor Strowbridge for a
three year term from September 10, 2012 to the end of his current term on Council.
Jeux Canada Games Foundation: to appoint Councillor Norton for a term from September 10,
2012 to the end of his current term on Council and to re- appoint Dale Knox for a term from
September 10, 2012 to August 27th, 2015_
Saint John Emergency Management Organization: to appoint Mayor Norton, Deputy Mayor
Rinehart, Councillor Mackenzie and Councillor Strowbridge for a term from September 10th,
2012 to the end of their current terms on Council; and Chief Clifford for a two year term from
September 10th, 2012 to September 10th, 2014.
PRO Kids: to appoint Councillor Mackenzie and Councillor Snook for a term from September
10, 2012 to the end of their current terms on Council; and to appoint Rob Scott and Andrew
Miller for a term from September 10, 2012 to December 31st, 2014.
Saint John Free Public Library: to appoint Susanne Daley for a three year term from
September 10, 2012 to September 10, 2015.
Saint John Board of Police Commissioners: to appoint Councillor Norton for a two year term
from September 10, 2012 to September 10, 2014; and to appoint Councillor MacKenzie for a
term from September 10, 2014 to the end of his current term on Council.
Sincerely,
Mel Norton
Mayor
272
Cement
on
�r w
August 8, 2012
The Honourable Mel K. Norton
Mayor of St. John
257 Princess Street
St. John, NB
E21- 1 L4
Dear Mayor Norton, and Members of Council:
CONCRETE
even smarter than you think-
My name is Michael McSweeney and I am the President and CEO of the Cement Association of
Canada. The Cement Association of Canada represents Canada's eight cement manufacturing
companies and their concrete facilities. Our members are committed to helping build sustainable
and smart communities and, together with our concrete partners, are providing new and
innovative solutions for greener and more cost effective infrastructure solutions.
This fall I will be travelling across Canada and meeting municipal leaders to discuss these
solutions. Cement and concrete are central to the structures in which we work, live and play.
They are indispensable in providing solutions for infrastructure such as buildings, roads, bridges,
transit systems, and even water and sewage treatment facilities, all key elements of sustainable
and smart communities across Canada. Concrete provides families with the comfort of knowing
that they live in a safe, durable and resilient community.
This is why I am writing to you today. I would like to extend an invitation to yourself, your
councillors and your city manager, or anyone else in your administration who you would think
might benefit, for a one hour breakfast or lunch session to discuss some of the new and
innovative sustainable products our industry has and how they can help save your municipality
precious tax dollars.
I will be in the area between October 15th and October 18th and would enjoy the opportunity to sit
down and talk with you and the other officials and staff in the municipality of St. John. During this
meeting I will be able to share with you strategies for saving municipal tax dollars and how your
city can become more sustainable. I hope that through this conversation we can both come away
with a better understanding of how concrete can better serve your community.
Please let me know if your schedule can accommodate any of the aforementioned dates. If you
have any questions, or would like to contact me directly, my contact information is below.
I look forward to hearing from you.
Sincerely,
4-a.4 .Q r3. P�
Michael McSweeney
President and CEO
Cement Association of Canada
mmcsween ey @cement. ca
(613) 236 -9471 ext. 206
502 -350 rue Sparks Street, Ottawa, Ontario K1 R 7S8 Tel: (613) 236 -9471 Fax: (613) 563 -4498
www.cement.ca
273
River Road Community Alliance, Inc.
311 Bay Crescent Drive
Saint John, NB E2M 6M1
August 31, 2012
Mayor Mel Norton
Members of the Saint John Common Council
Office of the Common Clerk
P.O. Box 1971
Saint John, NB E2L 4L1
Dear Mayor Norton and Councilors:
I am writing on behalf of the River Road Community Alliance, Inc.(RRCA) to ask
permission for a representative from our organization to make a brief presentation before
Council in September or October 2012. As you know, the RRCA is a community
organization dedicated to improving the quality of life in the area from South Bay
through Martinon.
The RRCA is committed to continuing our fine working relationship with City Staff and
Councilors. For the benefit of new Councilors, we would like to speak about and
illustrate the positive work that the City has already done and discuss the next phases of
the project. We would also like to clarify these points through a power point
presentation.
We look forward to meeting with you and discussing the ways we can continue working
in cooperation with staff and Council to enhance the quality of life in our area.
Yo-urns truly,
Roberta W. Lee, Secretary
River Road Community Alliance, Inc.
274