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2013-05-21_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, May 21, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes Powered By: [k O�]E- 1 2.1 Minutes of May 6, 2013 1 -6 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Special Event Usage - Water Street (Coast Guard) Parking Lot PID Number 7-16 55011894 (Recommendation in Report) 5.2 Saint John Police Force - December 2012 Financial Results (Recommendation: 17-26 Receive for Information) 5.3 Harbourview Subdivision Wellfield Protection - Update (Recommendation in 27-29 Report) 6. Members Comments 7. Proclamation 7.1 National Safe Kid's Week: May 27 - June 2, 2013 30-30 Powered By: [k O�]E- 1 2 7.2 Conservation of Cultural Property Week - May 20 -25, 2013 31 -32 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 220 Glen Road (30 -day Letter) 33-36 10.1.1 Letters of Opposition or Support 37-37 11. Submissions by Council Members 11.1 Adopt a Corner Beautification Project (Councillor Norton) 38-40 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Market Square Boardwalk - Food Vendors 41 -43 16. Supplemental Agenda 16.1 Contract No.: 2013 -7: Asphalt Resurfacing - 2013 Phase II 44-45 17. Committee of the Whole 17.1 Committee of the Whole - Operational Assessment of the Fire Department and 46-46 Disposition and Development of City Land on the Corner of Millidge Avenue and University Avenue 17.2 Committee of the Whole: Sale of Portion of City Owned Property 80 University 47-93 Avenue - Gorman Arena Site 17.3 Committee of the Whole: FCM Conference 94-94 18. Adjournment 2 City of Saint John Common Council Meeting Tuesday May 21, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Property Matter 10.2(4)(d) 3 The City of Saint John S6ance du conseil communal Le mardi 21 mai 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la s6ance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere 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 pr&vues 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 conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proc&s- verbal — paragraphe 10.2(4) 1.2 Question relative a la propri6t6 — alin6a 10.2(4)d) S6ance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 6 mai 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits dint& is 5. Questions soumises a 1'approbation du conseil 5.1 Ev6nement special — Utilisation de faire de stationnement de la rue Water (Garde c6tiere), NID 55011894 (recommandation figurant au rapport) 5.2 Service de police de Saint John — Bilan financier du mois de d6cembre 2012 (recommandation figurant au rapport) 5.3 Mise a jour relative a la protection des champs de captage — Lotissement Harbourview (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Semaine nationale SecuriJeunes : du 27 mai au 2 juin 2013 7.2 Semaine de la conservation des biens culturels : du 20 au 25 mai 2013 8. D616gations et pr6sentations 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 Projet de modification du plan municipal visant le 220, chemin Glen (pr6avis de 30 jours) 10.1.1 Lettres d'opposition et d'appui 11. Interventions des membres du conseil 11.1 Adoption d'un projet d'embellissement (conseiller Norton) 12. Affaires municipales 6voqu&s par les fonctionnaires municipaux 13. Rapports &pos& par les comWs 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 Promenade Market Square — Vendeurs de produits alimentaires 16. Ordre du jour suppl6mentaire 16.1 Contrat no 2013 -7 : Resurfa� age d'asphalte en 2013, phase Il 17. Comit6 pl6nier 17.1 Comit6 pl6nier : Evaluation op6rationnelle du service des incendies et ali6nation et am6nagement de terrains appartenant a la municipalit6 a Tangle des avenues Millidge et University 17.2 Comit6 pl&nier : Vente d'une partie d'une propridt6 appartenant a la Ville, situ6e au 80, avenue University, ar6na Charles Gorman 17.3 Comit6 pl6nier : Conf6rence de la FCM 18. C16ture de la s6ance 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 6, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; and K. Tibbits, Administrative Assistant. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Wally Corey offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of April 22, 2013 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on April 22, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Committee of the Whole: Access to Seven (7) City Owned Properties to Decommission Abandoned Oil Pipeline; 17.2 Committee of the Whole: Partial Release of Easement held by the City, to East Point Inc.; and 17.3 Committee of the Whole: Electoral Provincial Boundaries. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments Council members commented on various community events 7. Proclamation 7.1 Emergency Preparedness Week - May 5 -11, 2013 The Mayor proclaimed the week of May 5 -11, 2013 Emergency Preparedness Week in the City of Saint John. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Item 15.1 Saint John Sports Hall of Fame — Induction Ceremony, be moved forward on the agenda. Question being taken, the motion was carried. 15.1 Saint John Sports Hall of Fame - Induction Ceremony 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Saint John Sports Hall of Fame, be received for information. Question being taken, the motion was carried. 8. Delegations /Presentations 8.1 New Brunswick Association for Community Living - Presentation The Assistant Common Clerk advised that representatives from the New Brunswick Association for Community Living were not available, noting that the group is requesting that it be rescheduled a later date. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the request to present from the New Brunswick Association for Community Living, be referred to the Clerk to schedule. Question being taken, the motion was carried. 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Outdoor Chess Boards in King's Square (Councillor Strowbridge) On motion of Councillor Strowbridge Seconded by Councillor Merrithew RESOLVED that the letter from Councillor Strowbridge regarding outdoor chess boards in King's Square be referred to Uptown Saint John for a report due back to Council by September 1, 2013 detailing a five -year beautification plan to be implemented for uptown Saint John by Uptown Saint John including, but not limited to, installation of outdoor chess boards in King's Square or any such permissible locations. Question being taken, the motion was carried. 11.2 Function Mapping Update (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that a request for an update regarding Function Mapping and results of the Quality of Work Life study be referred to the City Manager to schedule. Question being taken, the motion was carried. 11.3 Skate Canada Request to Present (Mayor Norton) On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the request to present from Skate Canada be referred to the Clerk to schedule. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Saint John Transit - Capital Budget Adjustments On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Saint John Transit - Capital Budget Adjustments, Common Council authorize the Saint John Transit Commission to reallocate funding 2 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 within their 2013 Capital Budget envelope as requested on the condition that actual total capital expenditures not exceed the approved capital budget allocation of $175,000. Question being taken, the motion was carried. 12.2 Initiate Street Closure for Portion of Depot Court - East Point On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -085: Initiate Street Closure for Portion of Depot Court - East Point, Common Council adopt the following resolution: 1. The Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 491 square metre portion of Depot Court be set for Monday, May 27, 2013 at 7:00 p.m. in the Council Chamber; 2. Common Council authorize the publishing of a notice of the intention to consider passing of such By -law identified above; and 3. That it being understood that the City is neither explicitly nor implicitly obligated to enact any by -law to stop -up and close any public street; however in the event that the City of Saint John does stop -up and close the aforementioned portion of Depot Court, the City shall sell the 491 square metre parcel of land to East Point Inc. ( "East Point ") or an affiliated company for $1.00 subject to the following conditions: a. East Point shall pay all costs associated with the street closure, including but not limited to, survey costs, translation costs and advertisement costs, and all costs associated with the conveyance of the stopped up and closed portion of Depot Court to East Point; and b. East Point shall, at its sole and absolute cost, obtain and provide to the City any and all plans of survey required to initiate the above noted street closure and any plan required for conveyance purposes; and c. The City, in the conveyance, shall reserve an easement for municipal services as well as a right of way over the stopped up and closed portion of Depot Court; and d. East Point shall accept ownership and responsibility for an existing catch basin located within the stopped up and closed portion of Depot Court; and e. East Point shall consolidate the stopped up and closed portion of Depot Court to its adjoining property; and f. East Point shall, at its sole and absolute costs, extend the concrete curb, concrete sidewalk and any required landscaping /reinstatements within the new municipal Depot Court right -of -way to the satisfaction of the Chief City Engineer. Question being taken, the motion was carried. 12.3 2005 -2009 Gas Tax Funding (GTF) Agreement - Program Adjustments On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager, the submitted documentation entitled City of Saint John Amended Five -Year Capital Investment Plan Respecting the GTF Agreement (2005 -2009) be adopted, and that the updated listing of specific projects under the General Fund and the Water & Sewerage Utility Fund totaling $17,638,489.23 for the years 2006 to 2013 of which $14,194,908 in funding is being provided under the Gas Tax Fund be approved. Question being taken, the motion was carried. 12.4 2010 -2013 Gas Tax Funding (GTF) Agreement - Program Adjustments On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager, the submitted documentation entitled City of Saint John Amended Four -Year Capital Investment Plan Respecting the GTF Agreement (2010 -2013) be adopted, and that the updated listing of specific projects under the General Fund and the Water & 3 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 Sewerage Utility Fund totaling $25,077,061 for the years 2011 to 2013 of which $21,151,528 in funding is being provided under the Gas Tax Fund be approved. Question being taken, the motion was carried. 12.5 Sweeping Management Plan for Street and Sidewalks Kevin Rice, Deputy Commissioner of Municipal Operations, provided an overview of the sweeping management plan for City streets and sidewalks. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -087: Sweeping Management Plan for Street and Sidewalks Common Council endorse the Sweeping Management Plan for Streets and Sidewalks as a Best Management Practice. Question being taken, the motion was carried. 12.6 Off Hour Street Paving On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -086: Off Hour Street Paving, Common Council endorse that staff employ sound engineering judgment and options such as weekend paving and paving outside of peak travel times, and not policy, be used to determine when lane closures occur to best minimize the impact to traffic flow. Question being taken, the motion was carried. 12.7 City Solicitor: By -Law to Prevent the Feeding of Deer within the City Limits Ms. Poffenroth explained that if a bylaw is enacted with respect to the feeding of deer within the City limits there would be an expectation from citizens that it will be enforced, adding that her service area does not currently have sufficient staffing levels to enforce such a bylaw. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the City Solicitor's report entitled Bylaw to Prevent the Feeding of Deer within the City Limits be referred to the City Manager for a brief report with respect to enforcement issues and the resources that would be required to carry out such enforcement. Question being taken, the motion was carried. 12.8 Amendment - Pomerleau Settlement Agreement On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report entitled Amendment - Pomerleau Settlement Agreement, Common Council approve the submitted text of the Amended Settlement Agreement between The City of Saint John and Pomerleau Inc., in relation to the Police HQ project, the text of which accompanies the City Manager's correspondence in this matter to Common Council, dated May 1st, 2013; and that the Mayor and Assistant Common Clerk be authorized to execute the Amended Settlement Agreement. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.2 M. Flood Letter - City Wide Clean -Up Day 4 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the letter from M. Flood regarding a city wide clean -up day be received for information. Question being taken, the motion was carried. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Committee of the Whole: Access to Seven (7) City Owned Properties to Decommission Abandoned Oil Pipeline On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by Committee of the Whole, having met on May 6, 2013, the City of Saint John enter into an Access Agreement with Irving Pulp & Paper Limited for the purpose of carrying out such inspections, investigations, surveys, testing's and environmental audits as the Company shall deem necessary on the affected City owned Lands, upon the terms and conditions set out in the Agreement submitted with M &C 2013 -91 and dated May 6, 2013; and further that the Mayor and Clerk be authorized to execute the said Agreement. Question being taken, the motion was carried. 17.2 Committee of the Whole: Partial Release of Easement held by the City, to East Point Inc. On motion of Councillor Farren Seconded by Councillor MacKenzie RESOLVED that as recommended by Committee of the Whole, having met on May 6, 2013, the resolution adopted by Common Council at its meeting of April 29, 2013 dealing with the partial release to East Point Inc. of an easement held by the City be amended by adding the following immediately after the words "...payment of $1.00; subject to confirmation by the Chief City Engineer that doing so does not prejudice the City's infrastructure or operations generally." Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that Item 17.4 Committee of the Whole: Supplementary Letters Patent — Greater Saint John Community Economic Development Agency, Incorporated (Enterprise Saint John), be added to the agenda. Question being taken, the motion was carried. 17.3 Committee of the Whole: Electoral Provincial Boundaries On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by Committee of the Whole, having met on May 6, 2013, Common Council direct the City Manager to send a letter to the province outlining concerns regarding the proposed new provincial electoral boundaries. Question being taken, the motion was carried. 17.4 Committee of the Whole: Supplementary Letters Patent — Greater Saint John Community Economic Development Agency, Incorporated (Enterprise Saint John) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by Committee of the Whole, having met on May 6, 2013, Council adopt the following resolution: 5 97- COMMON COUNCIL /CONSEIL COMMUNAL MAY 6, 2013/LE 6 MAI 2013 WHEREAS Common Council has adopted the recommendations of the True Growth 2.0 Governance Task Force Report, prepared by a Committee chaired by Daryl Wilson, dated January 31, 2013; and WHEREAS to give effect to the recommendations of the said Committee, it is necessary to amend the provisions of the charter of Greater Saint John Community Economic Development Agency, Incorporated ( "Enterprise Saint John "); and WHEREAS the charter of Enterprise Saint John stipulates that before any application may be made to amend the letters patent of Enterprise Saint John, approval must be obtained from Council; NOW THEREFORE BE IT RESOLVED that Common Council of the City of Saint John approves the submission of supplementary letters patent for Enterprise Saint John substantially in the form submitted hereto as Schedule "A ". Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the Common Council meeting of May 6, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:00 p.m. Mayor / maire Assistant Common Clerk / greffier communal adjoint A 5 Saint John Panting Commission I - Commission sur le stationnement de Saint John April 26, 2013 J. Patrick Woods, City Manager City of Saint John 8`h Floor, City Hall Saint John, NB Dear Mr. Woods: 11th Floor, City Hall, 11iome ttage, Mel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.BJN. -B. F21L 4L1 Tel / Tdl: (506) 658 -2897 Fax/ Te16copieur: (506) 649 -7938 E -mail / Courdel: parking0saintjohn.ca RE: Special Event Usage —Water Street (Coast Guard) Parking Lot PID #55011894 At its meeting of April 3, 2013, the Saint John Parking Commission approved the use of the above -noted lot by Salty Jam Festival from July.A to July 7, 2013. Enclosed is the following information: # ■ Copy of request from Karla McLean, Salty Jam Festival Chairperson, dated February 21, 2013; ■ Copy of License Agreement between the City of Saint John, the Saint John Parking Commission and Salty Jam Festival Inc.; ■ Copy of Schedule "A" which shows the City -owned properties that will be used during the special event periods; ■ Copy of Schedule "B" which outlines the terms and conditions for using the parking lot. It is the recommendation of the Saint John Parking Commission that the City of Saint John approve the request of the Salty Jam Festival Organizing Committee to use the Water Street (Coast Guard) Parking Lot for the music festival from July,9to July 7, 2012, as outlined in the attached License Agreement. 4 Yours truly, C5�f)�f C. Dwight Allaby Chairman cc: Saint John Police Force Karla McLean, Salty Jam Festival Inc. 7 www.saintjohn.ca February 21"',2013 wit. f.'101t;f �s FESTIVAL OF MUSIC Dear Vice Chairman C.Dwight Allaby, As the Chair of Saltyjam, Saint John's Festival of Music, I have put in a request with Richard Smith to use the Coast Guard parking lot, once again, as this year's location for the main tent, Saltyjam Is requesting use of the parking lot from the evening of Wednesday, July 3'" (for tent set up) through to Sunday, July7l' (for tearing down). Saltyjam will require full use of the parking lot for additional equipment such as a reefer truck and an RV (or small tent) for artist green rooms. (There will be performances In the tent on Thursday, Friday and Saturday evenings, July 04 -06, 2013.) I understand that this will affect those who park In the lot on both Thursday and Friday; however, the City, as well as Uptown business, will benefit from having an increased amount of people in the immediate area over the four day period, Saltyjam is a non -profit organization and we would be ever so grateful if the Parking Commission would consider allowing us use of the parking lot at no cost again this year, In turn, we would advertise the Saint John Parking Commission as an in -kind sponsor for the event and we would include your logo on various print materials advertising the festival, as well as on our website. The Saltyjam Planning Committee cannot thank you enough for taking the time to consider our request. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Karla McLean Festival Chair On behalf of Saltyjam Festival, Inc. /km _ ._......._...._.._ ............. __. ...._..._.__._........__....... _..._........._........_............. ... ..........- ._..._......_..........._.._... Saltyjam Festival, Inc. I PQ Box 7205 [Saint John, NB I E2L 4S6 I (506) 639 -7754 1 I THIS LICENCE made in triplicate as of the day of 2013. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE FIRST PART - and — SALTYJAM FESTIVAL INC., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" OF THE SECOND PART -and- SAINT JOHN PARKING COMMISSION, a body corporate under S.N.B. 1956, Chapter 128, having its Head Office at the City of Saint John, in the County of Saint John and Province of New Brunswick, (hereinafter called the "Commission ") OF THE THIRD PART WHEREAS the City is the owner of certain lands in the said City being PID number 55011894 (the "Lands "); AND WHEREAS the Commission manages the parking lot situated upon those lands for the City; 7 License Agreement The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission Page 2 of 4 AND WHEREAS the Licensee wishes to use that portion of PID number 55011894 shown outlined in pink on Schedule A attached hereto and forming part hereof; AND WHEREAS the City by resolution adopted , 2013 resolved to permit the Licensee to use those lands shown on Schedule A for a live entertainment event on July 4, 5, 6 and 7, 2013; NOW THEREFORE THIS LICENCE WITNESSETH that in consideration of the sum of two ($2.00) Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency of which is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to use that portion of PID number 55011894 shown outlined in pink on Schedule A for a live entertainment event on July 4, 5, 6 and 7, 2013 on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS. 1. The License shall be for a period of 4 days, commencing July 4, 2013 at 6:00 p.m. and terminating July 7, 2013 at midnight. 2. The Licensee shall pay to the Licensor for the privileges herein granted the sum of two ($2.00) dollars of lawful money of Canada. 3. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in breach of any of the terms and conditions of this Licence 4. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 5. The Licensee covenants and agrees with the Licensor as follows: a) It shall comply with the terms and conditions outlined in Schedule B attached hereto and forming part hereof. b) It shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General 10 License Agreement The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission Page 3 of 4 Liability Insurance policy with policy limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the Licensor as an additional insured and shall contain a cross - liability clause; c) that it shall, on or before June 28, 2013, submit to the Licensor a Certificate of insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph b) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 5. No change or modification of this Licence shall be valid unless it is in writing and signed by all parties to this Licence. 6. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Live Entertainment event which is to take place on July 4, 5, 6 and 7, 2013. 7. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 8. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Lands pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the Licensor's negligence. THIS LICENCE shall enure to the benefit of and be binding upon successors and permitted assigns of the parties hereto respectively. 11 License Agreement The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission Page 4 of 4 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed the day and year hereinbefore written. SIGNED, SEALED & DELIVERED) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2013 SALTYJAM FESTIVAL INC. Per: Karla McLean, Chair SAINT JOHN PARKING COMMISSION Per: Donna Reardon, Chairman And: Lionel Bordage , Secretary- Treasurer 12 SMDU 4 13 Schedule "B" Terms and Conditions — 2013 Parking Lot Usage The Saint John Parking Commission will review each request from local businesses or community events to use our parking lots based on the following criteria: 1. Alcohol ■ Copy of the Liquor License provided to the Saint John Parking Commission ■ Alcohol is only to be dispensed on the site indicated on the application that is provided to the applicant. • Alcohol may not be consumed outside designated areas during the specific event, and under conditions of the license, municipal and provincial by -laws and legislation. ■ Particular attention must be paid to security and safety. (Refer to Security Section) 2. S curl • The organizer is responsible for security of the area where the event is taking place. • The organizer must retain the services of the Saint John Police Force to provide security and provide other security personnel as required by the police department. • The organizer is responsible for providing signage in the parking lot area, as required, to allow notice to the general public of the event. 3. Gen�Gonditions • Any approval is always subject to any lease held by the Saint John Parking Commission 14 2 ■ No parking or storage of materials will be permitted in common alley ways, walkways or fire lanes. ■ The event area must be fenced or barricaded to dearly define event area. ■ Each request must dearly show the layout of the event, the type of event, event times and estimated number of people attending. ■ Consent of Common Council is required if any part. of the event is held on City -owned property. ■ A damage deposit of $500 - $1,000 will be required, payable to the Saint John Parking Commission, and must be received 48 hours prior to the event. ■ $2,000,000 Liability insurance is required and must contain the following clauses: 1. Policy must show the Saint John Parking Commission and the City of Saint John (when City -owned land is used) as insured on the policy. 2. Policy must indemnify the Saint John Parking Commission and the City of Saint John (when City -owned land Is used) against any claims or loss incurred as a result using our parking lot for a special event. 3. Proof of insurance with the appropriate clauses must be provided to the Saint John Parking Commission office seven (7) days prior to the event. ■ Use of the parking lot for special events other than community events such as the Saint John Jazz & Blues Festival and Festival by the Sea, will only be Permitted on Friday or Saturday evenings. • Set up for any special event will be reviewed by the Saint John Parking Commission and arrangements made with the organizer. • Music will not be permitted before 8:00 p.m. on the evening of the event and must and by 1:00a.m. ■ All people must vacate the special event area by 1:30 a.m. on the evening of the event. • Any expenses incurred such as towing, signage, damage to the parking lot area, including but not limited to landscaping, will be the responsibility of the event organizers. ■ We do not guarantee vacant possession. 15 ■ AN sound levels, including artist and music equipment, must maintain volumes no more than 88 Db at 10 meters from the sound source with peak frequencies no louder than 101 Db. In addition, the organizer must comply with our request by the Saint John Polio Force to lower music levels, if required. ■ Any request for use of our parking lots must be made at least 60 days prior to event to allow for approval by the Saint John Parking Commission, the Saint John Police Force and Common Council. • Any request will require the approval of the above parties before any agreement is finalized. ■ Any contract or agreement must be signed by individuals who have appropriate signing authority for a company or Individual. ■ The Saint John Parking Commission reserves the right to charge a rental fee for the parking lot, depending upon the type of event and revenues generated. • The Saint John Parking Commission reserves the right to waive any of the conditions herein. 16 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 4L 1 CHRISTOPHER WALDSCHUTZ Chair/ President DAVID EMERSON Vice Chair/Vice President MARY- EILEEN O'BRIEN S e cre to ry/Se cre to ire MAYOR IVAN COURT Commissioner/ Commissaire JONATHAN FRANKLIN Commissioner /Commissaire PETER MCGUIRE Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Teleph one/Tele phone: (506) 674 -4142 Fax/Telecopieur. (506) 648 -3304 E- mail/Cournek Aolicecommission@saing hn.c a Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir May 8, 2013 PUBLIC SESSION M&C 2013 -94 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - December 2012 Financial Results The Saint John Board of Police Commissioners, at its meeting on Tuesday, May 7, 2013 accepted and approved the Saint John Police Force 2012 Operating Budget - December Financial Results. On behalf of the Saint John Board of Police Commissioners, I am pleased to provide a copy of this report to Common Council in accordance with Section 7(3) of the New Brunswick Police Act. Respectfully submitted, C) Christopher Waldschutz Chairman Saint John Board of Police Commissioners /jaf encl. 17 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS • PUBLIC SESSION May 7, 2012 Chris Waldschutz, Chairman and Members of the Board of Police Commission Chairman Waldschutz and Members SUBJECT 2012 Operating Budget — December Financial Results BACKGROUND The purpose of this report is to provide the Board with a update on the (unaudited) financial position of the Saint John Police Force's Operating Budget for the year ended December 31, 2012. FINANCIAL POSITION/RESULTS For the period ended as at December 31, 2012, the Saint John Police Force was over budget by $8,998 or 0.04 %. There were six key revenue /expense categories that contributed to this budget variance. 1. Revenue Surplus - $225,887. 2. Salaries and Wages were under budget by $207,603. 3. Overtime costs exceeded budget by $344,441. 4. Wage costs for On -Cali and Court Time were over budget by $129,894. 5. Fringe Benefits were over by $56,590. 6. Good and Services were under budget by $88,437. W Chris Waldschutz, Chairman and Members of the Board of Police Commission May 7, 2013 Page 2 Subject: 2012 Operating Budget — Year -End Financial Results Budget Analysis REVENUE OFF -SETS The $225,887 surplus is a credit against operating expenses. The additional revenue recovered for extra -duty assignments and other miscellaneous revenue is a direct offset to the total expenses for the year. Budget Revenue Source Variance Prisoner Lodging $4,356 Accident Reports 2,350 Taxi Licences 6,095 Security Clearances 17,997 Secondments and Peacekeeping Missions (5,526) Extra -Duty Billings and Misc. Revenue 200,615 $225,887 SALARIES AND WAGES Police officer salaries were under budget by $196,391. This variance results from vacancies that occurred in 2012. OVERTIME Saint John Police Association The overtime costs were over budget by $324,430. The Patrol Division accounted for $210,118 and the Criminal Investigation Division was over budget by $92,559. This overall variance in overtime for both divisions is reduced by $200,615 in revenue that was recovered from billings to third parties for extra -duty assignments. 19 Chris Waldschutz, Chairman and Members of the Board of Police Commission May 7, 2013 Page 3 Subject: 2012 Operating Budget — Year -End Financial Results OTHER PERSONNEL COSTS Court Time - Local 61 The cost for court time exceeded budget by $121,969. GOODS & SERVICES The various Goods and Services accounts were under budget by $88,437. This favourable variance for Goods and Services was significant accomplishment considering the rent for City Hall exceeded budget by $73,821 due to the one month delay in moving to Peel Plaza. The overall savings were achieved by deferring or making the decision not to make certain purchases in 2012. CONCLUSION The 2012 budget year was a difficult time for the Force with unprecedented change, unplanned expenditures, and the move to the new police headquarters that had many unknown factors. Delivering a balanced budget for 2012 is another example of the high level of stewardship and professionalism demonstrated by the senior management team of the Force. The number one goal was to provide a value -added service to the citizens of Saint John while continuously monitoring and maintaining operating costs to stay within the 2012 Operating Budget approved by Common Council. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at December 31, 2012 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. 20 Chris Waldschutz, Chairman and Members of the Board of Police Commission May 7, 2013 Page 4 Subject: 2012 Operating Budget — Year -End Financial Results Attached reports and documents: • Budget Variance Analysis - December 31, 2012 • Consolidated Statement of Operations - Comparative Report 2012 vs. 2011 Respectfully submitte , Marve E. Corscadden, CGA DIRECTOR HR & FINANCE 4 Willia e C OF POLICE 21 April 11, 2013 Saint John Police Force Consolidated Statement of Operations For the Period Ended December 31, 2012 2012 2091 Budget Actual Variance Budget Actual Variance Salaries & Wages 14,416,829 14,209,226 207,603 14,578,179 14,864,076 (285,897) Overtime 255,837 600,278 (344,441) 258,837 658,655 (399,818) Other Personnel Costs 158,600 288,494 (129,894) 193,200 353,918 (160,718) Fringe Benefits 3,598,646 3,655,236 (56,590) 3,665,411 3,825,602 (160,191) Total Wages & Fringe Benefits 18,429,912 18,753,234 (323,322) 18,695,627 19,702,251 (1,006,624) General Services 666,500 701,074 (34,574) 666,500 682,996 (16,496) Insurance 95,500 72,810 22,690 109,683 64,316 45,367 Professional Services 344,370 325,971 18,399 421,000 397,683 23,317 Other Purchased Services 154,500 235,350 (80,850) 124,500 165,046 (40,546) Repairs & Maintenance 197,667 143,401 54,266 131,000 210,630 (79,630) Rentals 1,179,500 1,289,238 (109,738) 959,000 1,053,717 (94,717) Purchased Goods 541,060 435,012 106,048 516,560 557,713 (41,153) Government Services 13,000 10,601 2,399 12,500 10,155 2,345 Internal Corporate Charges 759,356 749,791 9,565 744,356 700,819 43,537 Asset Purchases 342,700 242,467 100,233 518,700 373,314 145,386 Total Goods & Services 4,294,153 4,205,715 88,437 4,203,799 4,216,389 (12,590) Revenue Off -Set for 2011 - - 150,000 1,177,610 1,027,610 Surplus /(Deficit) $ 22,724,065 $ 22,958,949 $ (234,885) $ 22,749,426 $ 22,741,030 $ 8,396 -1.03% 0.04% 22 SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended December 31, 2012 Budget Expenses Variance Current Variance is: Timing I Actual $ 22,724,065 1 $22,958,640 1 t$2 Expense Category Variance Revenue $225,887 Salaries & Wages $207,603 Overtime ($344,441) 23 Explanation of Variance Prisoner Lodging $4,356 Accident Reports $2,350 Taxi Licences $6,095 Security Clearances $17,997 Secondments and Peacekeeping Missions ($5,526) Extra -Duty Billings & Miscellaneous Revenue $200,615 $225,887 • Salaries- Non -Union under budget by $23k. • Salaries -Local 486 under budget by $14k. • Police Officer salaries under budget by $196k and this was the result of vacancies in 2012. • Crosswalk Guards over budget by ($23k). • Overtime -Local 486: Over budget by ($20k) • Overtime -SJPA- Patrol: Over budget by ($210k) and this variance is reduced by the revenue generated from Extra —Duty assignments. • Overtime-SJ PA-C rim inal Investigations: Over budget by ($93k) and this variance is reduced by the revenue generated from Extra —Duty assignments. Saint John Police Force — December 2012 Budget Variance Analysis Expense Categog Variance Other Personnel Costs ($129,894) Fringe Benefits ($56,590) General Services ($34,574) Insurance $22,690 Professional Services $18,399 24 Explanation of Variance • On -Call: On -Call Pay is over budget by ($8k). • Court Time: Over budget by ($122k). • Benefits are calculated at 24.5 %. This expense is directly proportional to actual wages and other earnings for the year. • Telephone: Under budget by $67k. • Radios: Over budget by ($291k). • Travel: Under budget by $17k. • Employer Training: Under budget by $94k and this results from the timing between the budget allocation and when training courses are offered by the employer. • Employee Initiated Training: Over budget by ($192k) and this results from the timing between the budget allocation and when employees accumulate their funding (carry up to 3 years) in their account prior to taking a course. • Deductible Account: Under budget by $22k and this relates to the timing of any charges back to Police via the City's insurance department for 3rd party claims. • Legal Expense — Over budget by ($59k) and this expense relates to labour management issues and NB Labour Board and /or arbitration hearings. • Detention Security — Corp Commissionaires — Under budget by $24k and there is an outstanding charge from NB Sheriff for guard services render at Peel Plaza in Nov- December 2012. • Other Expense - This expense category is under budget by $53k and this saving will be used to offset other unplanned expenditures in 2012. 2 1 Page Saint John Police Force — December 2012 Budget Variance Analysis Expense Category Variance Other Purchased Services ($80,850) Repair & Maintenance $54,266 Rentals ($109,738) Purchased Goods $106,048 Explanation of Variance • Cleaners - This expense was over budget by ($37k) and it is the cost for regular cleaning of City Hall, Community Police Offices and other district police stations in 2012. • Other Purchase Services - This expense is over budget by ($50k) and this is the timing difference between the monthly budget allocation and the acquisition of services. • Computer Maintenance $53k. This expense variance relates to the timing of the annual billing for computer licence /maintenance contracts and the allocation of the budget. • Vehicle Rentals -SCU - This expense is over budget by ($30k) and this represents the additional rental of unmarked vehicles for Street Crime Operations. A portion of this rental costs were recovered from CISNB relating to certain special operations. • City Hall Rental - The annual lease charge for City Hall exceeded budget by ($74k). There were additional lease costs incurred with the delay in the move to ONE Peel Plaza in November 2012. • Other Goods — Under budget by $22k. • Imprest Fund ($10k) — Timing difference between the budget allocation and the replenishment of the Imprest Fund based on investigations and the usage of paid informants. • Special Operations $37k — Timing difference between the budget allocation and when special Investigative Operations are launched and completed in 2012. 3 !'ale 25 Saint John Police Force — December 2012 Budget Variance Analysis Expense Category Variance Explanation of Variance Government Services $2,399 No significant variance at the end of December 2012. Internal Services $9,565 Fleet Maintenance - $97k — The maintenance costs at the end of December 2012 was under budget. • Fleet Fuel - ($69k) — The fuel costs at the end of December was over budget and this is due to high fuel prices in 2012. • Building Maintenance - ($31k) — The expense to maintain and repair all the Police operated facilities was over budget in 2012. • Evergreen Computer Replacement Program - $13k — The monthly lease charges for the evergreen computer replacement was under budget at the end of December 2012. Asset Purchases $100,233 . Vehicles $73k —The budget for new marked and unmarked police units was under budget at the end of 2012. • Other Assets — Under budget by $28k and this is a timing difference between the budget allocation and the acquisition of other assets. +4 q _2 26 REPORT TO COMMON COUNCIL M &C2013 -98 May 14, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Harbourview Subdivision Wellfield Protection - Update PURPOSE: l The City of Saint John The purpose of this report is to update Council on the progress of the wellfield protection project for the Harbourview Subdivision. BACKGROUND: On August 29, 2011 Common Council approved the recommendation of M &C 2001 -178 directing staff to proceed with the required work to protect Seaward Crescent and Ocean Drive Wellfields under the Clean Water Act, Regulation 2000 -47. Approximately 252 homes in the Harbourview Subdivision receive drinking water from two (2) wells operated by the City of Saint John as part of its formal Approval to Operate drinking water facilities, as issued by the Minister of Environment. The primary well on Seaward Crescent typically services the demand of the subdivision; the back -up well is on Ocean Drive. The wells date back to the early 1970s. In recognition of the need to protect vital groundwater supplies, the Province introduced a Wellfield Protection Program (WPP) in October 2000. The Program enables the Minister, with the approval of the Lieutenant - Governor in Council, to issue a Wellfield Protected Area Designation Order under the Clean Water Act, Regulation 2000 -47 — for the purpose of protecting the quality and quantity of municipal groundwater sources. I When a wellfield area is so designated, prohibitions or limitations on chemical storage and land use can be imposed for the good of the public groundwater supply. It makes far more sense to prevent water contamination in the first place than to try to clean up a contaminated wellfield or find an alternative source of drinking water. 1 New Brunswick Regulation 2000 -47 under the Clean Water Act, 2000 27 M &C2013 -98 May 14, 2013 Page 2 Within a designated protected area, the Minister of Environment may: 1. Allocate the use of water; 2. Control, prohibit, or limit any activity or thing which might impair the quality or quantity of the water; 3. Restrict or prohibit unsuitable land uses; and 4. Establish and enforce guidelines and standards for the purpose of protecting the quantity and the quality of the water supply. The WPP provides the means to protect the ground water supply while ensuring equitable consideration for property owners within the designated area. Officials from Saint John Water and the New Brunswick Department of Environment have been working collaboratively to have the Harbourview wellfield recharge areas designated as protected under the Clean Water Act, Regulation 2000 -47. The Department of Environment and Local Government is in the final stages of the designating process which will culminate in the inclusion of the Harbourview Subdivision Municipal wellfield under the Wellfield Protected Area Designation Order of the Clean Water Act. The Department of Environment and Local Government has requested from all Municipalities confirmation prior to this final step that each Municipality wishes to continue with the Wellfield Protected Areas Designation Order for each Municipality's respective wellfields. RECOMMENDATION: It is recommended that 1. Common Council receive and file this report; and 2. Authorize staff to forward a letter to the Department of Environment Government on behalf of the City of Saint John expressing the continued protecting Seaward Crescent and Ocean Drive Wellfields under the Clean Regulation 2000 -47. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water Wm. Edwards, . Eng. Commissioner, J. Patrick Woods, CGA Transportation & Environment City Manager 28 and Local support of Water Act, Jm o z a ° =o U W= W o �° a w a gZ o Z O U N pY N w uj N ui f Z L Z Co O � €2p LL: L) ° Z - zc 03 cn (7 0 W W W p Q a N N N mr j V 0 � . , O $ .f s x as a w € °a \ \ S. - - - 3ARIO 3dISAd9 \ \ \ \ \\ \\ rno S EDEN S REET ui EL W 1p lu co \ \ \ \ \ lu i rn M PROCLAMATION WHEREAS: the Greater Saint John Safe Kids Committee in the City of Saint John, County of Saint John, Province of New Brunswick is concerned about the safety and health of its citizens; and WHEREAS: Safe Kids Week as presented by Greater Saint John Safe Kid's Committee, is dedicated to preventing and reducing all injuries especially those which lead to disability and death in the City of Saint John, the committee wishes to inform citizens that MOST injuries are preventable by looking first before you do something, wearing the proper gear, especially helmets, and getting proper training in whatever you do; and WHEREAS: this year's campaign "Heads Up! Be Alert. Be Safe. Be Aware of Concussions" encourages each responsible person to take measures to ensure their safety, as well as the safety of others they are responsible for; and that they are fully aware of the possible dangers in and outside of the home; and will take due and diligent care to prevent concussions and head injuries thru education about prevention and recognition of the signs & symptoms of concussion including return to activity guidelines; and WHEREAS: the committee will be holding the 17th annual Safe Kid's Fun Day & Expo on Saturday, June 1 st, from 10:30am until 2:30pm at the Rockwood Park Kiwanis Play Park; and NOW THEREFORE: 1, Mayor Met Norton, of the City of Saint John do hereby proclaim the week of May 27th thru June 2nd as National Safe Kid's Week and call upon all citizens and urge everyone to take the time to prepare yourselves and your children to tl first, this week and every week thereafter. In witness whereof I have set my hand and affixed the official Mayor of the City of Saint John. W PROCLAMATION WHEREAS: The Canadian Association for Conservation of Cultural Property is having their 39th Annual Conference in Saint John; and WHEREAS: The Canadian Association for Conservation of Cultural Property is the leading professional association for the preservation of cultural property in Canada; and WHEREAS: Cultural property gives Saint John citizens a sense of place, of history, and of artistic expression; and WHEREAS: The preservation of cultural property is a challenge which we must face to save our history and culture. NOW THEREFORE: 1, Mayor Mel Norton, Saint John do hereby proclaim the week Conservation of Cultural Property Week. of the City of of May 20 -25, 2013 as In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 31 *aint 30n, Pebi )Brun -5wir , CCa nab A V CDCYaTriatiDlt "CCou .5erbatiou of Cultural vropertp Veep" WHEREAS the Canadian Association for Conservation of Cultural Property is having their 39th Annual Conference in Saint John; and WHEREAS the Canadian Association for Conservation of Cultural Property is the leading professional association for the preservation of cultural property in Canada; and WHEREAS Cultural property gives Saint John citizens a sense of place, of history, and of artistic expression; and WHEREAS the preservation of cultural property is a challenge which we must face to save our history and culture. NOW THEREFORE we do by these present proclaim and declare that the week of May 20th -25th, 2013, inclusive, shall be known as "CONSERVATION OF CULTURAL PROPERTY WEEK" Given at Saint John City Hall, in the Province of New Brunswick, this thirteenth day of May, in the year two thousand and thirteen. Mel K. Norton 32 Mayor The racy of Saint )ohn May 21, 2013 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 220 Glen Road A Public Presentation was made on April 15`h, 2013 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Plan, a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as PID number. 00420386 and a portion of PID number. 00300855, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area); and to redesignate on Schedule B of the Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) to permit the expansion of an existing mobile home park. The required advertising has been completed, and attached you will find a copy of the application and public notice of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Tuesday July 2nd, 2013 at 6:30 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Jonathan Taylor Common Clerk Attachment &AINT ;OHN P.O. Sox 1971 Saint john, N8 Canada Mjtl I uwwv saingohn.ca I CA 1971 Saint john, N.-B. Canada E2L 41-1 (aussi disponible en franpois) Type of Application ® ® Municipal Plan Amendment Zonin law Amendment ❑ Subdivision ❑ Variance ❑ Similar /Compatible Use ❑ Amendment to Section 39 Conditions Conditional Use T ❑ Temporary Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Ltd Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Fax Number Work Telephone Number 506 -634 -1717 (Rick Turner) 506- 634 -0759 E -mail Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Property Information Location Glen Falls Mobile Home Park Civic # Street Existing Use of Property Vacant Land rt@hughessurveys.com 632504 New Brunswick Ltd. c/o Hughes Surveys Portion of PID 00300855 & PID 00420836 PID Proposed Use of Property Land Lease Community Existing Plan Proposed Plan Low Density Residential (an adjustment to the Designation of Property: Rural Resource Designation of Property: primary development area boundary is also required) Existing Zoning of Property RS -2 Proposed Zoning of Property RS -2 (Conditional Use) Description of Application Describe what you propose to do (attach additional pages if necessary). Refer to attached NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this applicati is required. Signature of Applican Signature of Owner Rick Sumer — Hughes Surveys &Consultants Inc. ajid Debly — 632504 New Brunswick Ltd. Date For Office Use Only Reviewed by Development Officer Information Accompanying Application: Date ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Site Plan ❑ Building Elevations ❑ Fee ❑ Other ❑ Floor Ph ❑ Sign Dra P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. B. Canada E21_41_1 34 SAINT JOHN PROPOSED MUNICIPAL PLAN AMENDMENT RE: 220 GLEN ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as PID No. 00420386 and a portion of PID No. 00300855, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area), as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area). [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 15, 2013 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the expansion of existing mobile home park. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 15, 2013. Enquiries may be made at the office of the Common Clerk or 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. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. 35 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 220, CHEMIN GLEN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier la designation, a 1'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 11 hectares, situ6e au 220, chemin Glen, et portant le NID 00420386, et 6tant aussi une partie du NID 00300855, afm de la faire passer de secteur de ressources rurale (hors du principal secteur de developpement) a secteur stable (dans le principal secteur de developpement), comme it est indiqu6 ci- dessous. 2. Modifier la designation, a 1'annexe B du plan, de la parcelle de terrain pr6cit6e, afin de la faire passer de secteur de ressources rurale (hors du principal secteur de developpement) a secteur residentiel stable (dans le principal secteur de developpement). [INSERER LA CARTE] Une pr6sentation publique du projet de modification aura lieu lors de la rdunion ordinaire du conseil communal le lundi 15 avril 2013 daps la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre 1'expansion du pare de maisons mobiles existant. Veuillez faire part au conseil par 6crit de vos objections au prof et de modification au plus tard le 15 mai 2013 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du d6veloppement A 116tel 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 f6rids. Si vous avez besoin des services en frangais pour une rdunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Assistant Common Clerk Jonathan Taylor, greffier communal adjoint 648 -3703 648 -3703 M Tibbits, Kelly Subject: FW: Glen Falls Mobile Home Park Expansion Plan From: Lynn Fullerton fmailto :lynn.fullertonl @hotmail.com] Sent: May -09 -13 3:10 PM To: Taylor, Jonathan Subject: Glen Falls Mobile Home Park Expansion Plan To Whom It May Concern I wish to express my objections to the proposed municipal plan admendment at 220 Glen Road if construction vehicles plan to utilize Simpson Drive to access the work site. Simpson Drive is a designated "no truck" route. When heavy trucks utilize this street it causes my house to shake and I fear foundation damage. I also object to this admendment if the proposed extension to Glen View Drive is not completed at the beginning of the construction. As a residential street, Simpson Drive currently has extensive vehicle traffic and, in my opinion, is unable to comfortably support additional traffic. Your consideration of this matter will be appreciated. Lynn Fullerton 76 Simpson Drive 634 -1936 �7 May 13, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Adopt a Corner Beautification Project It is described as the little project with a big impact and arguably the spirit of this motion is born from an idea that began in 2007 and is best described here: http: / /www.downtowncharlottetown.com /Files /Adoptacorner.pdf or you may refer to the attached appendix A. The aim of this referral motion is to transplant an idea for increased beautification, community engagement and ownership as it relates to our environment. Currently, there are areas that do exist alongside our road & sidewalk network that are suitable for planting. The project allows an adopting business to choose an approved corner (often in close proximity), with whatever garden plants they desire with a standardized sign promoting the adopting company. The process can be refined to meet resource capacity but it would include a business contacting the City of Saint John or Uptown Saint John in the BIA; requesting permission to adopt a small pocket garden. The City of Saint John can prepare the soil for planting and issue a standardized sign acknowledging who the adopting business is. The adopting business is responsible for purchasing the plants, planting and help maintaining the space provided. Motion: (1.) Refer to Uptown Saint John for consideration; (2.) Refer to the City Manager to direct to the appropriate department if appropriate in the opinion of the City Manager. Respectfully Submitted, (Received via email) Greg Norton Councillor —Ward 1 City of Saint John �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 38 Appendix A Downtown Charlottetown Inc. Adopt a Corner Story; The little project with the big impact. DCI promotes, manages and grows our Adopt a Corner Project. We refer to this as "the little project with big effect. The program began in 2007. The major Streetscape renovation had just been completed on lower queen Street. The new sidewalk and interlocking brick parking areas looked great but the area around the newly planted trees look less then appealing in its current state of mud. One of our board members and local architect ... who had an office on that street, called Karen at city Hall to ask if he could plant some flowers in his newly acquired muddy patch to try to spruce up the area. Of course Karen said sure. DCI felt this was a good idea that could easily be applied to the rest of the BIA. We'd seen a similar project applied to the street in Charlotte, SC and so we had a vision for what could happen if we opened up downtown Charlottetown corners to local businesses to adopt. A quick call to City Hall to seek permission to put the rest of the corners up for adoption and our program was born "Adopt a Corner ". The DCI office began right away calling on our members and placing ads to encourage business and property owners to adopt their corners, or the corner around the corner, or any grassy knoll in the BIA. Now here's the beauty of Partnering with the City. DCI has few resources for staffing but our partners at City Hall came on board to say that they would; 1. Dig the garden plot and prepare the soil of planting and 2. Maintain the gardens throughout the summer having their staff weed and water each corners. This took a huge responsibility off the property owners. The businesses that choose to adopt a corner needed only to purchase whatever plant material they liked and as much as they wanted. Most made the planting a fun team event on a Saturday or warm June evening. DCI plants a prominent "Garden Adopted by..." sign in each garden to promote the adopting company. Still the sales pitch to participants wasn't an easy one as there was a worry that they might make this investment only to have their plants pulled out or gardens trampled by late night summer party goers. That first year we were able to get 7 corners adopted and there were no lost or trampled gardens. The next year we had 20 and last year we had 49. Here's another bonus we found with our garden project. Never before were store and property owners able to contribute to the beautification of not only their property but the city core to this extent. It gave these folks ownership of their portion of the project... and pride in their accomplishment. This truly is a fully shared project for the entire downtown business community. A real "feel good" win win process. These little pocket gardens add so much to the beautification of the City. We receive complements from locals and visitors. The gardens are photographed often sometime because they are so beautiful and unique sometimes to take the idea home. No too are alike and there are no restrictions on what can be planted. If you position yourself just right on one street corner and look around you — you can see as many as 12 different gardens. This year we already have 5 new requests for garden spaces and not just from our members, for example the Women's Institute see this as a way to contribute to the City Beautification, IODE is celebrating an anniversary this year so they want to commemorate that date with a garden ... the Charlottetown Rotary Club would like to have a larger prominent garden on Queen Street. Now we are in the position ... along with our devoted partner at the City, Jerry Mac, to look for additional space that we can dig up for gardens. W We can't say enough how important partners are in this wonderful little project. Everyone likes a little completion and nothing makes you want to step things up a notch more than seeing what your neighbour has done. The more participants that come onboard the grander the gardens become. Then there's the big completion, the Communities in Bloom judging. The City has graciously added the Adopt a Corner Program as a category for the annual Communities in Bloom completion. During the City's Make Charlottetown Bloom Awards the best Adopted Corner Garden is presented with an award! And speaking of awards, you may be familiar with the International Downtown Association; Founded in 1954, the International Downtown Association has more than 650 member organizations worldwide including: North America, Europe, Asia and Africa. During their annual conference they host the Award of Distinction ceremonies. Last year we are pleased to announce our Adopt a Corner project was among the winners; The project was one of 77 award submissions IDA received last year as part of its Downtown Achievement Awards. "The number and breadth of entries made judging a difficult task," said Jane Jenkins, chairman of IDA and the awards program. "The awards jury was impressed with the accomplishments of the winners and is pleased to honor The Downtown Charlottetown Inc. Adopt a Corner Project among them." This really is the little project with a big impact and it is doable in any City Center large or small. Submitted by Dawn Alan Executive Director, DCI 40 43D The Hardman Cfoup Limited May 7, 2013 City of Saint John PO Box 1971 Saint John, NB E2L 4L 1 Attention: Mayor Mel Norton & Council Dear Mayor & Council: Re: Market Square Boardwalk Food Vendors North Market Wharf Te.n,tr, is A1: sUC4 -tr"Xl This correspondence represents the voice of the Hardman Group Limited and the North Market Wharf Tenants' Association; local entrepreneurs that work collectively with their Landlord and various selectively chosen community partners that share a common vision for our city. i It is a primary aspect of our mandate to foster the cultural and economic growth of our region. For this Development reason, one of our missions is to welcome all walks of life - from across the street, and across the globe Management - to enjoy what we unabashedly proclaim as the crown jewel of our city, and Atlantic Canada as a whole: New Brunswick's Festival Place, the Market Square Boardwalk. In addition to the nationally Consulting recognized and award - winning businesses we provide 365 days a year, we draw hundreds of thousands to the Uptown each year by providing community events each and every day throughout the summer Brokerage season, at no charge whatsoever to the public. i It is a point of pride that we call Saint John 'home'. Each of the members of the North Market Wharf Tenants' Association is a long -time resident of the region, and has been a significant part of the regeneration of the waterfront area for over the past decade; not to mention that each of these businesses has been created from the ground up right here at home. It is with a mark of great anticipation that we follow Council's current deliberations with respect to altering the current bylaw concerning mobile food service in the area. We are greatly pleased to note that members of Council share in our collective vision of the development of a culturally diverse environment Uptown. The renewal of King's Square is of particular excitement, as it supports what our larger events that we fund, such as Canada Day and Buskers, already seek to do: to create an axis of entertainment Uptown, and to infuse the area with energy that will act as a magnet for our citizens and visitors alike. King's Square is an ideal location in which to house this new interest for food trucks in the region. It allows for these new and existing entrepreneurs to have a space to create their own dynamic to complement that of the Boardwalk (and the rest of the Uptown BIA membership), which we are proud to have worked for over a decade to craft and hone. We applaud your efforts to further our city's vibrancy in restoring some of its rich history and making its green space a viable venue. One Market Square, Saint John, New Bruns 11 Canada E2L 4Z6 Tel 506.658.3600 Fax 506,658.3605 To this point, we wish to address the matter of locating seasonal business in the vicinity of the area we lease from the City, permitting other businesses to likewise lease space in this area, at a significantly discounted rate. This creates a disjuncture with the directive that the Association and the City have worked together to deliver for many years. Unfortunately, this is history that we wish not to repeat, and the past shows that it was such shortsightedness that saw the dissolution of the Boardwalk some twenty years ago. We work diligently throughout the year to deliver the caliber of events enjoyed on the Boardwalk each summer, and contribute a substantial amount in order to see this come to fruition: not merely in funding of hundreds of thousands of dollars, but also in time and effort. Certainly one can appreciate that it is inconceivable to have another business enjoy the fruits of this labour without any contribution whatsoever. It is already documented and understood that the events we provide create a ripple effect of profit for those members of the Uptown Business Improvement Area as a whole; this is something which we celebrate as we are all contributing to the same cause of the betterment of our city. These businesses also operate 365 days a year, enjoying the bounty of busy seasons in balance with the off and shoulder seasons as well. Yet, to move in a direction that allows for other businesses of no discerning criteria to set up for but the peak periods, not to mention taking up valuable real estate that is used for our current free events, is discordant with that which we have been striving to develop. This position is underscored by the fact that there lies a prime opportunity- just a few hundred metres away in King's Square, that would see the development of a new and welcomed concept to our city. In summary we are requesting that any vendors setting up in this vicinity pay their proportionate share of our annual summer promotional budget (copy attached). As you can see from this budget it is made up of funds from each of us (The Hardman Group Limited, Saint John Alehouse, Lemongrass/Peppers Pub, Grannan's, Cougars, Smoking Pig, and two financial partners). This does not include any funding whatsoever from the Market Square promotional fund that the City contributes to; the summer budget is more than the entire Market Square annual promotions budget. We trust that our position on the circumstance, spoken both as citizens and business owners of the City, has been well received. Should you wish to further discuss the matter, we are happy to oblige; simply contact The Hardman Group Administration Office or anyone of us directly-, via the information provided below, and we can convene at your convenience. Looking forward to another season of great success in our region! Yours very truly, The Hardman Group Limited Aeaffer Peterson hpeterson@hardmangroup.ca 658 -3600 Saint John Alehouse 657 -2337 peter(a,siah.ca Lemongrass Phil Croft ' 657 -8424 peroft@hotmail.com Grannans cpgrannan(c%ro ers.com 42 Cougars Corey McGill 693 -6666 coreydmegill@gmail.com DETAILED EXPENSE WORKSHEET North Market Wharf Tenant,' Aa...iaGen 2013 Summer Budget zx renses: Feb Sunday - Sax Man / Entertainment Mar Apr May Jun Jul Aux Sep Oct Nov Dec Jan TOTAL Monday - Cabaret 1,000 1,000 500 1,500 500 3,500 Tuesday - New Brunswick Talent 3,000 3,000 6,000 Wednesday - Saint John Idol X1 3,000 3,000 3,000 9,000 Thursday Alpine Country Star 1,000 2,000 1,000 4,000 Summer Solstice (June 21 & 22) 1,500 1,500 3,000 Canada Day Weekend (June 28 & 29) 2,000 2,000 4,000 Canada Day Countdown (June 30) 8,000 8,000 16,000 Canada Day (July 1) 10,000 10,000 Salty Jam (July 5 & 6) 1,500 1,500 3,000 Maritime Flavors (July 12 & 13) 1,500 2,000 3,500 Buskers on the Boardwalk (July 18 - 21) 3,500 3,500 7,000 Boardwalk Beach Party (July 26 & 27) 1,200 2,000 3,200 New Brunswick Day Weekend (August 2 - 5) 4,500 4,500 Sweet Sassy Molassy - Rockabilly (August 9 & 10) 3,700 3,700 Flashback to the 80's (August 16 & 17) 1,500 2,500 4,GjO Fringe Festii. al ( Auguut 23 & 24) 1,500 1,500 3,000 Country Boardwalk Style (August 30 & 31) 500 7,000 7,500 Advertising - Radio 3,000 3,500 3,852 4,000 14,352 Advertising - Print (other than Telegraph Journal) 1,000 1,000 2,000 . Advertising - Summer Handouts 1,200 1,200 Security for Beer Gardens (1 only) 1,500 1,500 Sound Equipment Rental for Summer 25,000 25,000 Sound Tech Requirements 10,000 10,000 20,000 Additional Sound Equipment 2,000 2,000 4,000 Contingency (d6cor, props, misc. signage, posters, fences) 2,000 1,500 3,500 Cruise Ship Entertainment 1,000 1,000 2,000 Total Expenses for Summer Events „o - Revenue: Partners & Hardman Group 97,500 North Market Wharf Tenants' Association - $14,290 Per Tenant Total Revenue 71,452 _52 43 \V.\ REPORT TO COMMON COUNCIL M &C2013 -102 1�7 May 15, 2013'+ «� t His Worship Mayor Me] Norton & Members of Common Council The City of saint John Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2013-7; ASPHALT RESURFACING — 2013 Phase H BACKGROUND The 20I3 General Fund Operating Budget for Transportation and Environment Services and the General Fund Transportation Capital Program include a provision for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. This contract includes all work associated with the resurfacing of a total of 16 streets or segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 9,194 tonnes of Superpave hot -mix asphalt. Also included in this contract is the installation of approximately 2,920 lineal meters of concrete curb and 1,780 lineal meters of 1.5 meter sidewalk. TENDER RESULTS Tenders closed on May 15, 2013, with the following results: 1. Classic Construction (2012) Ltd., Saint John, N.B. $ 1,953,770.00 2. NRB Construction Company Limited, Saint John, N.B. $ 1,976,051.17 3. Debly Enterprises Ltd., Saint John, N.B. $ 2,181,423.47 The Engineer's estimate for the work was $ 2,557,190.57 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 44 M &C 2013 -102 May 15, 2013 Page 2 FINANCIAL IMPLICATIONS This contract involves work that is to be charged to various operating and capital budgets. Assuming award of this contract to the low tenderer, the following analysis has been completed. Combined approved budgets 2013 $1,632,284.88 Low tender net cost $1,838,283.95 Variance (shortfall) $205,999.07 The budget shortfall of $205,999.07 can be accommodated in the overall budget envelope for Roadway Maintenance without a reduction in the scope of this contract. POLICY CONFORMANCE Streets being resurfaced under this contract are located in existing developed neighbourhoods of the City or areas designated as Stable Residential in the Municipal Plan (P1anSJ). As such, the project in in accordance with Plan policies that relate to continued maintenance of the City's existing roadway infrastructure and the overall intent of the plan. Where warranted improvements to the City's Active Transportation Network are incorporated in the project in accordance with the Plan. The recommendation in this report is made in accordance with 'the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended 1. that Contract No. 2013 -7: Asphalt Resurfacing — 2013 Phase II , be awarded to the low tenderer, Classic Construction (2012) Ltd, at the tendered price of $1,953,770.00 (including HST) as calculated based upon estimated quantities; 2. that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 14 V" Rod Mahaney C.E.T. Engineering Technologist Wm. Edwards, P. Eng. Commissioner Transportation and Environment 45 R. Kevin Rice B. Sc., CET Deputy Commissioner r 3atrick Woods, CGA City Manager May 21, 2013 Mayor and Council, Subject: Committee of the Whole — Operational Assessment of the Fire Department and Disposition and Development of City Land on the Corner of Millidge Avenue and University Avenue The Committee of the Whole, having met on May 13, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that: a. The City of Saint John continue to position Fire - Rescue Services in Millidgeville and retain a 0.84 +/- acre portion of PID number 48454, being the land under and around Fire Station 8, as generally shown on the submitted plan; b. Declare surplus to the needs of the City of Saint John, the balance of PID number 48454 along with PID number 380758, less any land required for public street purposes; c. Authorize the preparation and filing of a Subdivision Plan; and d. Authorize the issuance of a proposal call for the sale and development of the surplus property. Sincerely, Shelley Rinehart Deputy Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 41-1 46 The City of Saint John May 21, 2013 Deputy Mayor and Councillors Subject: Committee of the Whole: Sale of Portion of City Owned Property 80 University Avenue — Gorman Arena Site The Committee of the Whole, having met on May 21, 2013, adopted the following recommendation: That the City of Saint John enter in an Agreement of Purchase and Sale with SHX Development Limited, generally in the form as submitted with the report to the Committee of the Whole, for the sale of a portion of its property, identified as PID number 00042036, and the construction and subsequent conveyance of a Storm Water Detention Pond; and, that the Mayor and Common Clerk be authorized to execute the Agreement of Purchase and Sale and any other document required to effect the transactions contemplated in the said Agreement of Purchase and Sale. Sincerely, Mel Norton Mayor (111 1 SAINT JOHN 1? O. Box 1971 Salnt John, NB Canada f2L 4671 www.sahtjahn.ca I CJ? 1971 Saint John,, N. -B. Canada EA 40 THIS AGREEMENT made this /iday of May, 2013, BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Ads of the Legislative Assembly of the Province of New Bnx*Wck, (the "Vendor") OF THE FIRST PART !1719 SM DEVELOPMENTS LIMITED, a body corporate incorporated under the laws of the Province of Nova Scotia, maintaining its head office in the City of Halifax, in the Province of Nova Scotia, (the "Purchaser') OF THE SECOND PART WHEREAS the Vendor Is the owner cf the land wW promises described In Schedule "A" attached hereto identified as PID 42036 (the "Ctiy Landal and has agreed to sell and convey a portion thereof as identified by green shading on the plan at Schedule IV attached hereto (the "Purchased Lands') to the Purchaser, and the Purchaser has agreed to purchase the Purchased Lands from the Vendor on the terms and conditions set forth In this Agreement; AND WHEREAS the Purchaser Intends to develop and construct upon the Purchased Lands- a seniors living campus containing up to five buldinga for the care and living accommodations of its residents (the 'Project") as generally depicted on the proposed plans attached hereto as Schedule "C ", NOW THEREFORE In conskteration of the mutual covenants and agreements set forth in this Agreement, and for other good and valuable consideration, (the receipt and sufficiency of which Is hereby acknowledged), the parties hereto covenant and agree as folows: V� � L17T 1.1 De fnitions The terms defined herein shall have, for all purposes of this Agreement, the following meanings, unless the context expressly or by necessary implication otherwise requires: "Adjustments" means the adjustments to the Purchase Price provided for and determined pursuant to Section 3.3. "Agreement" means this Agreement of Purchase and Sale and the Schedules attached hereto as amended from time to time in writing by the parties hereto. EN 2 "Business Day' means any day other them Saturday, Sunday or a statutory holiday in the City of Saint John, New Brunswick. Thief City Engine a shall mean the City of Saint John Common Counch appointee or his designate. `City Lands' has the meaning set out in the recitals to this Agreement. "Closing" means the closing on the Closing Date of the transaction contemplated by this Agreement, including without Imitation the payment of the balance of the Purchase Price and the delivery of the Closing Documents, at the offices of the Vendors Solicitors. "Closing Date" means the le day of July, 2013, if that day is a Business Day and, If not, then the next following Business Day, as may be extended by the Purchaser in accordance with Section 5.4. "Closing Documents" moons the agreements, instruments and other documents to be dellvered by the Vendor to the Purchaser or the Purchaser's Solie tom pursuant to Section 7.1 and the agreements, Instruments and other documents to be detivered by the Purchaser to the Vendor or the Vendor's Solicitors pursuant to Section 7.2. "Deposit" has the meaning ascribed thereto in Section 3.1. `General Specifications' means those provisions of the General Specifications of the City of Saint John which are specifically applicable to the construction of the Stormwater Detention Pond at the time of Its construction. "Permitted Encumbrances" means the easements, encroachments and other matters affecting title to or use of the Purchased Lands, If any, as set out in Schedule "D ". "Project' has the meaning set out in the recitals to this Agreement. "Purchased Lands' has the meaning set out in the recitals to this Agreement. "Purchase Price" is as set out in Section 3.1. "Purchasers Solicitors" means Mdnnes Cooper, or such other tow firm as the Purchaser may designate from time to time by notice in writing to the Vendor. "Stormwater Detention Pond" means the proposed concept design for a stormwater detention pond described in Figures 3 and 4 of a report to the City of Saint John dated February 7, 2013 and prepared by CBCL Limited, a copy of which report is attach hereto as Schedule 'E" and also the proposed concept plan for a drainage swab described in Figures 5 and 8 as prepared by CBCL Umited and dated May 3, 2013 which is attached hereto as Scredule 'F. 'Stormwater Detention Pond Land" has the meaning ascribed thereto In Section 6,5. 'Vendor's Solicitors" means the Office of the City Solicitor for the City of Saint John. 49 3 1.1 cS h UWB The following Schedules are attact ed to the Agreement: Schedule "A" City Lands Schedule 'B' Purchased Lands Schedule TO Project Schedule `D" Permitted Encumbrances Schedule TO CBCL Limited Report Re: StomwA ter Detention Pond Schedule "F" Easements In Favour of Vendor Article 2 - Aareament of Purchase and Sale 2.1 Agreement of Purchase and Sale The Vendor hereby agrees to sell, transfer, assign, set over and convey the Purchased Lands to the Purchaser and the Purchaser hereby agrees to purchase and acquire the Purchased Lards from the Vendor for the Purchase Price on and subject to the terms and conditions of this Agreement. �F; The Vendor shall delver to the Purchaser within 5 Business Days after being requested by the Purchaser authorizations to governmental authorities in the form as provided by the Purchaser necessary to permit the Purchaser to obtain Information concerning the City Lands from governmental authorities' tiles. 2.3 Documenalon fK JOIRectlon The Vendor shall deliver within 5 Business Days from the date of execution of the Agreement, all of the following in the possession or control of to Vendor (collectively referred to as "Documents for Inspectlon' j: (a) a copy of any surveys and plans of the City Lands; (b) copies of any bases, engineering reports, geophysical surveys, hydro-geological surveys, and environmental reports respecting the City Lands; and (c) any agreements respecting the City Lands. 2.4 Confidentliailty The Purchaser shell keep in strict confidence the Documents for Inspection until such time as the Closing Is completed and the Purchaser agrees to instruct its agents, advisers and consultants to comply with the provisions of this Section. If the purchase and sale of the Purduuwd Lands is not completed for any reason, the Purchaser shall promptly deliver to the Vendor the Documents for Inspection and all copies thereof and shall keep in confidence all such Information and all discussions between the Vendor and the Purchaser with respect to the Purchased Lands In connection with the review by the Purchaser of the City Lands. 50 :7 11 Payment of Purchase Price The Purchaser agrees to pay and the Vendor agrees to accept for the Purchased lands the sum of one Hundred and Five Thousand Dollars ($105,000.00) (the `Purchase Prioel, plus Harmonized Sales Tax, I applicable. The Purchase Price shall be paid by the Purchaser to the Vendor as follows: (a) a deposit of Ten Thousand Dollars ($10,000.00) (the 'Deposit") shall be paid within two Business Days of exemition of this Agreement by the Vendor, and shall be paid by the Purchaser to the Vendor by certified cheque or bank draft to be held In Trust pending completion or other termination of this Agreement and to be paid to the Vender and credited on account of the Purchase Price on Closing; (b) the balance of the Purchase Price, subject to the Adjustmerrts, by delivery of a certified cheque or bank draft on Closing. 3.2 DOM The Deposit shag be fully refundable to the Purchaser in the event of a termination of this Agreement pursuant to Sections 5.2, 5.3. 5.4, 9.1, and 10.94 hereof. The Deposit shall otherwise be non - refundable to the Purchaser and shall be payable to the Vendor, unless the transaction is not completed as a result of default by the Vendor. 3.3 AdlyllMents Adjustments will be made on the Closing Date for all items normally adjusted between a vendor and purchaser in respect of the sale of property similar to the Purchased lands, including, without limitation and to the extent applicable to this transaction, real property tam and local Improvement rates. 3.4 Undertaklna to Readlust If any amounts to be adjusted are uncertain and cannot be determined on the Closing Date, the Parties agree to execute an agreement to re- adjust any such items within ninety (90) day of the Closing Date. Article 4 - Ho=WZ&d Ssdes Tax MMEMILT 111 � 1 r : . With respect to the harmonized sales tax ("HSTJ payable pursuant to the Exclse Tax Act Canada (the "Act"): (a) Purchaser represents and warrants to the Vendor that it is a registrant under the Acct and it will provide confirmation of its HST registration number on or before Closing; 51 E (b) In lieu of paying HST to the Vendor on Closing, the Purchaser will provide the Vendor with an HST Indemnity certificate in a form commonly used in real property transactions in New Brunswick whereby the Purchaser agrees to file returns and remit on a timely basis any HST owing to Canada Revenue Agency and further agreeing to indemnify the Vendor for any failure on the part of the Purchaser to do so. l.. .: . R . 1_. 6.1 goditioLil for PUmhgWs B&nWA The obggation of the Purchaser to complete this transaction shall be coalitional upon each of the folkrwing conditions being satisfied and fulfilled by such dates as speed: (a) within 21 days of the Vendor delhering a fully executed copy of this Agreement to the Purchaser, the environmental condition of the Purchased Lands are satisfactory for the intended use by the Purchaser; (b) by the Closing Date, the Purchaser wig have received satisfactory confirmation from the Vendor that the existing street Infrastructure, water services (both domestic and fire), sanitary sewers, and storm sewers are in place and are an sufficient for the Project or, in the event the aforesaid infrastnidure and services are not in place by the Closing Date, the Purchaser will have received from the Vendor prior to the Closing Date satisfactory assurances that the sold infrastructure and services wig be constructed by the Vendor in time to meet the requirements of the Project; (c) by the Closing Date, the Purchaser will have ascertained that hydro and gas facilities and underground wiring are all sufficient in the opinion of the Purchaser for the Project;and (d) by the Closing Date, the Purchaser shall be satisfied that title to the Purchased Lands is good and free from all encwmbmnc es, other than Permitted Encumbrances. The conditions precedent set forth in this Section 5.1 are for the benefit of the Purchaser, and may be waived, in whole or in part, by the Purchaser on or before the dates specified therefor, 5.2 Wafvina the Purchosoes-Conditions Precedent The conditions set forth in Section 6.1 shall be deemed not to be satisfied unless the Purchaser notifies the Vendor in writing that the conditions have been satisfied on or before the dates speckled therefor. If the Purchaser has not provided such written notice to the Vendor that the conditions have been satisfied, and the Purchaser does not waive the conditions which are not satisfied then this Agreement will become null and void and the Deposit shall be returned to the Purchaser and neither party shall have any further obgation to the other hereunder other than the Purchaser's obligations under Section 24. 52 6 6.3 Condldog2 W1jffMaWs and Vendror's Benefit The Purchaser's and the Vendor's obligations to carry out the transactions contemplated herein are both subject to fulfilment of each of the following conditieons on or by the date specified therefor, unless waived by both the Purchaser and the Vendor: (a) by the Closing Date, the Purchased Lands wig have been rezoned and ttw municipal plan will have been amended to permit the Project and the Purchaser shall be satisfied with all terms and conditions imposed, Including the terms and conditions of any development agreement required by the City of Saint John; (b) by the Closing Date, all municipal and governmental approvals associated with the Project will have been obtained by the Purchaser on germs and conditions satisfactory to the Purchaser, Including without Imitation, the Chief City Engineer's approval of the Purchaser's storm water management design for the Project; (c) by the Closing Date, the Vendor, at the Vendor's expense, will have subdivided the City lands so as to create a separate parcel consisting of the Purchased Lands, the acreage of which is to be certified by a New Brunswick Land Surveyor, (d) by the Closing Date, the Chief City Engineer will have given his final approval to the final Stormwater Detention Pond design, including without limitation, all plans, engineering drawings, technical specifications, detailed engineering reports and location boundaries, for the location, construction, operrabon, and maintenance of the Stormwater Detention Pond; (e) by the Closing Date, the Chief City Engineer wig have been satisfied wish the details and final locations of the right- of-way and easements In favour of the Vendor and referred to in Section 6.1; (f) by the Closing Date, the Purchaser will have been satisfied with the final Stormwater Detention Pond design as approved by the Chief City Engineer in paragraph (d) above, and further the Purchaser will have been satisfied with the General Specifications; and (g) by the Closing Date, the Purchaser will have been satisfied with the details and final locations of the right -of -way and easemwft in favour of the Vendor and referred to In Section 6.1. If the parties have not given written notice to each other within the time periods specified that the conditions set out in this Section 5.3 have been fulfilled or waived, then, notwithstanding any Intennediate acts or negotiations, this Agreement will become null and void and the Deposit shall be returned to the Purchaser and neither party shall have any further obligation to the other hereunder other than the Purchaser's obligations under Sections 2.4. The Purchaser shall be responsible at its own expense for engaging Brunswick Engineering & Consulting Inc. (or such other engineering firm mutually acceptable to the parties) to prepare and submit for review and approval by the Chief City Engineer the aforesaid engineering design (drawings and design rationale, including all modeled results) for the Stormwater Detention 53 9 94* 4* 7 Pond, in accordance with the concept proposed by CBCL Limited set out in Schedule "E°. For clarity, the design of the Stormwater Detention Pond shall: p) Include a drainage swale for which the drainage easement will be conveyed to the Vendor pursuant to Section 6.1 (a); (ii) include a signage plan and vegetation or fencing plans to r8stricd aocess to the Stormwater Detention Pond; (Iln provide that the maximum discharge rate shall be 0.21 cubic meters per second from this area; and (iv) provide that the construction of the Stormwater Detention Pond is to be in accordance with the General Specifications. Within 30 days of the Vendor delivering a fully execxrted copy of this Agreement to the Purchaser, the Purchaser will deliver to the Chief City Engineer for his Input an initial set of the Stormwater Detention Pond design plans (when design plans are 60% complete). The Chief City Engineer shall review such design plans and provide feedback to the Purchaser wittwr five (5) Business Days of receiving the design plans. Upon receiving such feedback from the Chief City Engineer, the Purchaser shall then have fifteen (15) Business Days to provide to the Chief City Engineer the final Stormwater Detention Pond design plans, following which the Chief City Engineer err disapprove all either approve or approve of the said final design plans within five (5) Days. Provided the Purchaser has been acting diligently and In good faith, if any of the conditions precedent as set forth In Section 5.1(b), 5.1(c), or 5.3 have not been satisfied by the Closing Date and the Vendor andfor the Purchaser, as applicable, do not waive such conditions, then the Purchaser will have the option, in its sole discretion, to extend the Closing Date upon wditn notice to Vendor, on or before Closing, for an additional period not exceeding sixty (60) days to allow the parties further time to satisfy such conditions. If all such conditions precedent have not been satisfied on or before such extended Ciosing Date, and the Vendor andlor the Purchaser, as applicable, do not waWe such conditions, then this Agreement will become null and void and the Deposit shall be returned to the Purchaser and neither party shall have any further obligation to the other hereunder other than the Purchaser's obligations under Section 2.4. 6.1 Easements In Faryour of the Vender The Purchaser acknowledges and agrees that the Purchased Lands shag be subject to the Wowing easements In favour of the Vendor, which the Vendor will reserve in the transfer to the Purchaser for the Purchased Lands: (a) a right- of-way for ingress, egress and regress to and from the Storrrrwater Detention Pond, including a drainage easement. over the north eastern sidel#ne 54 a of the Purchased Lands and running perpendicular to University Avenue, the location being generally as Illustrated in orange on the sketch attached hereto as Schedule `F" and labelled Figure 6. The Purchaser further covenants and agrees to grant to the Vendor, following the Closing, an easement over the lends currently owned by Property Mlanagement/Proman Ltd. and identified by Service: New Brunswick ss PID 55082269 to allow the Vendor to access and maintain the Stornrwater Detention Pond. The k=Von of such easement shall be generally as illustrated In orange on the CBCL Limited sketch attachW hereto as Schedule °F" and labelled as Figure 5. ' 1_ !L �1'. •li •1. i•. is sn�.:�. . 3 Following the Closing, the Purchaser covenants and agrees to carry out at its own expense the construction of the Stormwater Detention Pond In accordance with the design and specftaticns provided by Brunswick Engineering & Consulting Inc. and approved by the Chief City Engineer pursuant to Section 5.3. The Purchaser covenants and agrees not to commence construction of the Storrs Mer Detention Pond until such time as the Chief City Engineer gives approval to the final set of engineering drawings. Construction and commissioning shall be completed by the Purchaser within one (9 ) year following the Closing Date, subject to any delays referred to in Section 6.3. The Purchaser further covenants and agrees not to start construction of any buildings above grade on the Purchased Lands prior to completion of the Stormwater Detention Pond. Provided however nothing herein shall prevent the Purchaser from commencing site work, foundations, and services instaffations on the Purchased Lands at any time following the Closing Date. The Purchaser further convenants and agrees that Brunswick Engineering & Consulting Inc, shall provide appropriate inspections of the construction of the Stormwater Detention Pond at various stages of the construction. The Purchaser hereby authorizes the Vendor, its agent or consultant to access the Purchased Lands at all times during the construction of the Stonwmd r Detention Pond for the purpose of inspecting the construction to ensure that it complies with the approved final drawings and with standard engineering principles. If, during an InspeWOn by the Vendor, its agent or consultant, it is discovered that the construction or part of it does not comply with the approved final drawings or with standard engineering principles, the Purchaser shall, at is sole cost, do what work the Chief City Engineer shall reasonable require to remedy the problem or concern identified during the inspection. &3 Permitdnafar Stonnwaier Detention Pond The Purchaser's obligation to construct the Storrnwater Detention Pond is conditional upon the Purchaser being able to obtain all necessary municipal and governmental approvals, including without Imitation, any approvals required from the New Brunswick Department of Environment The Purchaser agrees to proceed in good faith and with promptness and diligence to obtain the neoa cry approvals. to the event the Purchaser, aging in good faith, is delayed in obtaining the necessary approvals, the Purchaser's obligation to complete construction of the StonwMer Detention Pond shall be extended accordingly. 5110 0 The Purchaser covenants and agrees to provide a one year warranty of the construction of the Stormwater Detention Pond starting at the date of acceptance by the Chief City Engineer of the certification provided by Brunswick Engineering & Consulting Inc. pursuant to Section 6.5. Upon the Purchaser's completion of the construction of the Stormwater Detention Pond to the satisfaction of the Chief City Engineer, acting reasonably, the Pub will obtain from Brunswick Engineering & Consulting Inc. a certification addressed to both the Purchaser and the Vendor that the Stormwater Detention Pond has been constructed in accordance with the approved engineering design. The Purchaser will also provide to the Chief City Engineer a copy of the 'as-constructed" engineering drwMngs for the Stornmater Detention Pond and drainage Swale at such time as the certificate is provided to the Chief City Engineer. Following acceptance by the Chief City Engineer of the certification from Brunswick Engineering & Consulting Inc., the Purchaser shall cause the lands upon which the Stomwmter Detention Pond is hoc ed (the `Stormwater Detention Pond Land ") to be subdivided from the Purchased Lands, all at the Purchaser's ads expense. The Purchaser then covenants to convey back to the Vendor the Stormwater Detention Pond land for the sum of One Dollar ($1.00), subject to such usual and ordinary adjustments for such a trorWer of land. The transfer of the Stormwater Detention Pond Land back to the Vendor shall occur within fifty (50) days following the acceptance by the Chief City Engineer of the certification from Brunswick Engineering & Consulting Ina 6.6 Reimbureament of Costs for Stoner wal*r Deten§Rn Fond Concurrently with the conveyance of the Stormwater Detention Pond Land to the Vendor in aeco, once with Section 5.5, the Vendor shall pay to the Purchaser five hundred and fifty thousand dollars ($550,000 plus HST) towards the cost of the Stormwater Detention Pond. The Vendor shall pay to the Purchaser another five hundred and fifty thousand dollars ($550,000 pike; HST) towards the cost of the Stonnwater Detention Pond exactly one (1) year later. 6.7 Vendor's B,UX,&ggk Option The Purchaser covenants that should it fail to commence c onstniction of the first building forming part of the first phase of the Project within two (2) yeare following the Closing Date, the Vendor shall have the option to repurchase the Purchased Lands for the amount of the Purchase Price paid to the Vendor hereunder, and the Purchaser shall deliver to the Vendor a Transfer effecting the conveyance within 30 days of the Vendor exercising its option. 1� 56 10 Article 7 - Tran r 7.1 Vendors Closing Dacurnents On or before Closing, subject to the provisions of this Agreement, the Vendor shall execute or cause to be executed and shall deliver or cause to be delivered to the Purchaser's Solicitors the following: (a) a transfer conveying the Purchased Lands, In registerable form; (b) a certificate of the Vendor confirming that the Vendor's representations In Section 8.1 of this Agreement are true and correct on the posing Date; and (c) all other documents which are required and which the Purchaser has reasonably requested on or before the posing Date to give effect to this transaction. All documentation shall be in form and substance acceptable to the Purchaser and the Vendor each acting reasonably and In good faith. 7. Purchasers Ckxft a Documents By the Closing Defile, subject to the terms and conditions of this Agreement, the Purchaser shall execute or cause to be executed and shall deliver or cause to be delivered to the Vendor's Solicitors the following: (a) the balance of the Purchase Price; and (b) all other documents which are required and which the Vendor has reasonably requested on or before the Closing Date to give effect to this transaction. All documentation shall be in form aril substance acceptable to the Purchaser and the Vendor each acting reasonably and in good faith. The Vendor hereby represents and warrants to and in favour of the Purchaser that (a) the Vendor is a body corporate duly existing under the laws of the Province of New Brunswick, and has the rrec essary corporate authority, power and capacity to own the Purchased Lands and to enter into this Agreement and to carry out this Agreement and the documents and transactions contemplated herein; (b) the agreement of purchase and sale constituted on the execution and delivery of this Agreement and the obCgaUons of the Vendor hereunder and the documerts and transactions contemplated herein have been duly and 57 ril; 11 validly authorized by all requisite proceedings and constitute legal, valid and binding obllgations of the Vendor; (c) the Vendor has not caused any hazardous waste or substance to be stored, treated or disposed of, and that there are no underground storage tanks, on the Purchased Lands; (d) the Vendor has no notice. and Is not aware. of any actual, pending or threatened action or proceedings relating to the condition of the Purchased Lands or to the violation (actual or alleged) of any envIronmwdW, health or safety statutes, regulations or other lawful requirements; (e) upon execution of this Agreement by both parties, the Vendor covenants and agrees that it will menage, maintain and repair the Purchased Lands until the Closing Date as a prudent owner would and shall not make material changes to the Purchased Lands without the prior consent of the Purchaser; (f) the Vendor is not aware of any disputes, claims, or actions with respect to the Purchased Lands. 0.2 e The Purchaser hereby represents and warrants to and in favour of the Vendor that, as of the date of this Agreement and as of the Closing Date: (a) the Purchaser Is a corporation existing and governed by the laws of Nova Scotia and has the necessary corporate authority, power and capacity to own the Purchased Lands and to enter into this Agreement and to carry out this Agreement and the documents and transactions contemplated heroin on the terms and conditions herein om twined; and (b) this Agreement and the obligations of the Purchaser hereunder and the documents and transactions conemplated heroin have been duly and validly authorized by all requisite corporate proceedings and constitute legal, valid and binding obligations of the Purchaser enforceable against the Purchaser in accordance with its terms. The representations and warranties contained to this Agreement shall not merge on Ctoeing but shall survive for a period of two (2) years thereafter. &Eficle 8 - Damage and Indemnification 9.1 Damage Before MgMM The Purdwoed Lands shaU be at the risk of the Vendor until Closing. In the event of damage to or destruction of the Purchased Lands, the Purchaser may terminate this Agrearnent by notice in writing to the Vendor's 3okitors, in which case this Agreement shall be terminated, be null and void and of no further force or effect whatsoever and the Deposit returned to the Purchaser. W r�l, 12 The Purchaser covenants and agrees to Indemnify and save harmless the Vendor from all actions, causes of actions, proceedings, claims and demands brought against the Vendor, and from and against all losses, costa, damages or expenses suffered or Incurred by the Vendor, by reason of any damage to property, Including properly of the Vendor, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Vendor, caused by, resulting from or attributable to the negligent act or omission of the Purchaser or any of its employees, servants, or agents in the performance of this Agreement or in the construction of the Stonnwater Detention Pond 9.3 M&Mrrification by Vendor The Vendor covenants and agrees to indemnify and save harmless the Purchaser from an actions, causes of actors, proceedings, claims and demands brought against the Purchaser, and from and against all losses, costs, damages or expenses suffered or incurred by the Purchaser, by reason of any damage to property, Including property of the Purchaser, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Purchaser caused by, resulting from or attributable to the negligent act or omission of the Vendor or any of Its employees, servants, or agents: (1) in the performance of this Agreement or (10 relating to or in any way connected with the Stormwater Detention Pond and the Stornweter Detention Pond Land. LZ 111171 1 . •:1 •11911ilt1 In no event shall the Vendor be liable to the Purchaser, or the Purchaser gable to the Vendor, for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or oontrlbuted to, in oonnection with this Agreement_ ii The parties acknowledge and agree that this Article 9 and the covenants of the parties contained herein will not expire with or be terminated, merged or extinguished by the dosing of the transaction of purchase and sale contemplated by this AgreemeK and the completion thereof. 1 '7 1 t 10.1 Gender 11frd Number Words importing the slngular include the plural and vice versa, Words Importing gender include all genders. 10.2 Captions and Table of Contents The captions and headings contained herein are far reference only and In no way affect this Agreement or its interpretation. 59 1 1� 13 10.3 Dbljgationg U Cgymnts Each agreement and obligation of any of the parties hereto in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. 10.4 Applicable aw This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick applicable thereto and shall be treated In all respects as a New Brunswick contract. 10.6 Currency and Cheauea An references to currency In the Agreement shall be deemed to be references to Canadian dO12rs. All cheques to be tendered shall be drawn on one of the major Canadian CherWed Banks unless otherwise specifically agreed in writing. 10.6 Inval ..lL If any immaterial covenant, obligation, agreement or part thereof or the application thereof to any person or circumstance should to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such covenant, obligation or agreement or part thereof) to any person, party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 10.7 Amendment of Aummment No supplement or amendment of the Agreement shall be binding unless executed in writing by the parties hereto to the same manner as the execution of this Agreement 10.8 Time of the E.ssetr Time shall be of the essence of this Agreement. 10.9 Further Assuranm Each of the parties hereto shall from time to time hereafter and upon any reasonable request of the other party, make or cause to be made all such further arts, deeds, assurances and things as may be required or necessary to more effectually implement and carry out the true Intent and meaning of this Agreement 60 14 10.10 Entire Agreament This Agreement and any agreements, instruments and other documents herein contemplated to be entered Into between, by or including the parties hereto constitute the enure agreement between the parties hereto pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, with respect thereto, and there are no other warranties or representations and no other agreements between the parties hereto in connection with the agreement of purchase and sale provided for herein except as specificalty set forth in this Agreement. 10.11 waiver No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall any waiver constitute a continuing waiver unless otherwise expressed or pnovided. li ei '1 =till 1 =1' ' .1. •1 If this Agreement Is terminated pursuant to Sections 5.2, 5.3, 5.4, 8.1, or 10.14 no party to this Agreement shall have a daim against any other party hereto with respect to this Agreement except as hereinafter in this section provided. Notwithstanding the to mkwion of this Agreement for any reason, the Purchaser shall remuin obligated to comply with its obligations to return documents, and repair and restore the Purchased Lands and shall remain obligated to the confidentiality provisions contained in Section 2.4 hereof. 10.13 Solicitors as Aaaents and Tgrider Any notice, approval, waiver, agreement, Instrument, document or communication permitted, required or contemplated In the Agreement may be given or delivered and accepted or received by the Purchaser`s Solicitors on behalf of the Purchaser and by the Vendor's Solicitors on behalf of the Vendor and any tender of Closing Documents and the balance may be male upon the Vendor's Solicitors and the Purchase's Solicitors, as the case may be. 10.14 Exar datlon If the Purchased Lands or any material part thereof Is contemned or appropriated by public or other lawful authority before the Closing the Purchaser shall have the right to (I) elect by notice in writing to take the damages awarded or compensation, as the case may be, and complete or (ii) cancel this Agreement by nice in writing. In which Witter case the Purchaser shall be entitled to the return, without deduction, of the Deposit In the event of a lesser condemnation or appropriation the Purchaser shall complete the Closing and shall be entitled to take the damages awarded or compensation, as the case may be. 10.13 6lOnment by PM crhaa?Ar This Agreement Is not assignable, and any attempt to do so is void. 61 0 15 10.16 Successors and Assigns All of the covenants and agreements in this Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of and be enforceable by the parties hereto and their respective successors and their permitted assigns pursuant to the terns and conditions of this Agreement 10.17 No Registration of Aareemgnt The Purdukeer shall not register this Agreement or any notice of this Agreement on title to the Lands. 10.10 N2gaes Any notice, demand, approval, consent, Information, agreement, offer, payment, request or other communication (herelmfter referred to as a "Notice ") to be given under or In ccnnedion with this Agreement shall be in writing and shall be given by personal delivery or by teiecopier or other electronic communication which results in a written or printed notice being given, addressed or sent as set out below or to such other address or electronic number as may from time to time be the sut4ed of a Notice: (a) Vendor. City of Saint John c/o City Solicitors Office 15 Market Square Saint John, N.B. E21. 41-1 Attention: Melanie Tompkins Telecopier. 506.1349.7939 (b) Purchaser: Shannex Developments Limited 48 Lovett Lake Court Halifax, N.S. 133S 1 B8 Attention: Jason Shannon Teleco pier. 802.463.5412 Any Notice, if personally delivered, shall be deemed to have beery validly and effectively given and received on the date of such delivery and If sent by telecopier or other electronic communication with confi ntatiorr of transmission, shall be deemed to have been validly and effectively given and received on the day next following the day It was received. 62 0 16 10.19 ENIMUM This Agreement may be executed in counte� and may be executed and delivered via facslmile transmission, kxluding signatures, which counterparts and famimile copies shat together oonsdhft one and the some Agreement with the same effect as if originally executed and delivered. [signature page on next page] 63 R11 17 IN WITNESS WHEREOF the Purchaser has executed this Agreement this day of May, 2013. ,1 Shi A, per Per IN WITNESS WHEREOF the Vendor has execrated this Agreement this day of May, 2013 The City of Saint John Per: Mayor Per: Common Clerk t It . •.. L7 i.= -�• ' 64 W SmhedWB "A" — City LAMk PID 42038, 80 Univenmty Avenue, Saint Jahn, N.B. 1� DR City Property �o - x r 61W Ax C-04195aft Copyright 2011 The City of Saint John. Al rights reserved. Thu May 16 2013 04:01:09 PM •• ��- CJ Ot}04t�309 aooasoz�a d s 1e khodule " " - Purchno LMnds See Attached 67 v C31 ILRS LO oe uonveved to .50 r JIM , ro i i i i .• 0 F' L'L . f _ 7 See Atieched 70 11 72 La ax�tm : mc1••• »» + • fy.nwr Wi' ,..w r , —••• e•t {�� ,• �CRla�riR •R.RIIIUf rr lip - N l t - maw m ,•j. xew �Il wwc f - � t vaw V .lnff.If 1 - �+ CQKiI11M1 on ftm f BRLWWMCK Y.rr,rrw r a f K0. s 1p 72 Lv • RUIICK Erig neering & Consulting Inc. may 8, 2013 CRU Contraction Msasgetsew PO Box 25= liWKmx NS BW 4H4 Via eases Dometl.eihCOn@=xo 4Q Ashburn Lake Road tea, 506 636.4158 PC) Bog 1045. tieinl .mW, VB fon 608,596,9158 m2t• aq receD WOmnsweseti8 nebr ng ea 8- PRELUdZP"NY2Z&IWCLWjiC7'$rA22 LifW1lP PROWPOS DSIMMYRTZIM EWPAMN , GBAVjRV= SAMr,JOMV,1VJ WBRL&WWICS Introduction ion Pate: 200MA4 As xegnestcd, Brunswick ga&aesing & Corssaaldug Inc. was retimed by CM to panvide enginaserI service: at the above namd IDC&d= fog the purpose of completing a troafc k"Ct sbttem=tr Tide report should be taken as prditntaaty field data cntlecdon and further anal* will be oop q&ted once the overall sine dew advmcea. The proposed Shmmx dgveklmmt is located off of MM itige Avetme justaotth of University Avenue sad on be accessed off of Unkemitp Avenue beside the Gorman Aeeaa, The endre project i, braim into three pusses, with phase one vgmennting the eonswu2ion of tbraebupldhW and the dtivews s and most of the paling loft. Pbases tyro and three each iachrde the construction of one bu&liqg and minor p mlc6g sad dovmg ham', Site Dncdpdm The site of the proposed dewelopmum is t 4mcd oar Mill &c Avemaq opposite 701 MiDit V Ave me and uses an area of appzudmatdy 9.8 hest ux& The site will be accessed feom Unwa shy Avenue with sae driveway sad offoif UJ1'u V Avenue vkh two main ri veways and out minor daveway whkh wil operate as a resident drop vf8 L%iv+eraiatg Avenue is a rnIIed= street and has a postod speed limit of 501m/hr. Cuumndy Uaiwamhy Avmue has four dtiving loupes and at places has dedicated turning lanes and is o&nW in a pattl mt to sondr+ act direcdon, with the mahweat dkemon being the a* dkccdm of mnei to access the site as a taar&m currently separates the two Ammums of travel. HST 1 62470 X884 RT070i G3 I a 10 0 P4 - 73 Mcwise, craMc grill only be able to eadt the situ towards the southwest (tight turn onto Uuivesa Avenue only). The Mcdian is agrase madian with an aged denetiornted asphalt curb, The nx diandoes have street lighting, with a pole beinglowed opposite alto proposed driveway loaativn. 'Ilia hoazonotl anti veniced turves on Unive.rrity Avenue in the atria of the proposed driveway ate rdantively flat with wide smooth awes and will have sufficient litres of newt To the southwat o f the proposed driveway on University Avenue and within 54 nut= ist commucisl development driveway that am vices a Tim Hortone and Weadf s restantaat gad a nu Ati unit apartment lna clbi g. As a note, the co mtaer W development has a dedicated kft turn lane in the median fir enretittg the aftz terrier to the soudmva. within 140 tnetm of the proposed driv*vvay► is the iWtaed intecacdoo of Univet dLy Avenue and MMAW Avenue. At the intersection of Univeraftq Avenue and MiThdpe Avenue, the southwat bcx nd lames on Uttiv� have a dedicated left turn lane and the rot lane services through traffic and right trim at banidSe Avenue - WdUr Avenue is conaid"od a collector star and has a posted speed limit of 50 km/ht Mtl#idge Avenue, near tit-- proposed development has taro lanes of traffic with the a =q3 i,on of the intmectiion with Univea* Avenue wheeze a decktated left tutu lane camels. The cannot lanes uljaecmt to the proposed development an wider than a typical municipal surer, with c nact+ete curb and sidewalk being Met w4 an the west side of ME* Avenue and an open ditch with gmved shouLdet on the east side. Curdy, theoe are scrad commercial de:veleapmeots along the west side of Milli* Avenue with many driveways, in addition to Steeds Street berg located opposite a proposed driveway let the Shona= The traffic a iwting Reeds Street oaoa MilB* Avenue are cuneady controlled with a stop moo.. 7jete are no conccnas for vertical. and horizontal lines of sight an BEIEdge: Avenue adjacent to the arena of the proposed dtin"yz. Traffic impact Statenhent Design, Rational The followit>g is the rational that WM be used to comaplete the aaElyc impaa stateenmet rand to confim that the developniew will not has a detrimental af%cx on the exis City sttu Obtain traffic cotum for Lh&enaity Avenue, MAkIge Av mue anti Rot& Street; Review the horizontal and vertical digatoents of MAIidge ,Avenue, Unive arty Avenue and Reads Street; Obtain specifics associated with tht pv4xmed developamm such as use of buddirytp, employee drift change times, emtployoe shift count; Obtain Trig Generatiou Estimates for a retircutent/setuors complex; Model traffic patterns at each driveway and at the intmaction of University and bMige Avenue; .Review the possibility of creating scorns to +rod from the site As, the east bound lams off of University Avenue; Coondirtate and best fit the locations of the &vcwiys on Milli* Avarua to wont with cidsting driveways near review the options for er trig turning lanes on Mtllidge Avexnm rwil kMAIIJ 74 Paamin ry nt aiP Co=adtmdow 'lhe ftrltowing taeks and design considemdon wiU be used w completer cite fiuid Aft denigm- AD driveways vviB be aligned to propc4r match Unmen ity Avenue,, MIS* Avenue acid hoods Secant and commercial des m%M All dareways will be equipped with stop signs to control &oceans onto piJAic stresses; Ttaff c calming meamns wM be in4gemsnted ae the driveways to deter citizens from using the; driveways se "shots cute, Coad»sioas Based on s brief review of the cdsdag conditions and estimated taaffic vo kwaes, both c urent and pmjected, it is pnss7tk rivet upSeades uAll be req iced to make the dtivewaeye tdnaa e f um4onal and to hdp peeveae "book necks" sad lamg queues at dtvewaps gad intaeeedoas. Fora mt dy upgrades to the City streets is the stress of the proposed developmwt are reh6mly mint as thus eadsting median on Uniftmty Avenue is cunendy glans ed with aged at VWt fit:, but there maybe a mquimnment to rdomw an averhesd }iglu pole in the median. With Mtllidgc Avcmw, the exkomg paved toed is very wide and could acovmmodsw turning hats wuhout any major consm mdoa or a*w owe =p]icstione Should you havt away quest'soots or if you require didficaborls rega ding the 6adkgM }Meese eonma the undcm4txd at your vonva*n e. vl-� S ben Penty, P. Eng. C5 75 i Cle M* ' � ( / 76 ~*^ ^ [ � Lpmw SW AM NO SUMCM PLAN MUZ � ( / 76 ~*^ ^ [ � Lpmw SW AM NO SUMCM PLAN 21 Schedule "D" - iWW Encumbranm Any registered municipal agreements and agreements with utilities, provided that such have been complied with and which do root materially affect the Purchaser's Mended use of the Purchased Lands. 77 N�) 22 Schedule °E" - CBCI_ Limited Report Re: Storm g& Deftag sn Pane See Aiteched w 5�� SCHEDULE ''E�- 7 February 2013 !� LIrTEJD Jodi Stringer -Webb, P. Eng, C9�D City of Saint John Municipal Operations & Engineering PO Box 1971 Saint John, NB E2L 41.1 Dearlodi: Re: Investigation of Opportunities to Create Detention Storage by Excavation in the Wetland between Woodhaven Drive and Millidge Ave. — CBCL Limited Project 082842.09 On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility of creating the detention storage by excavation on a portion of the City owned property. The property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on Millidge Avenue was interested in obtaining a portion of this property so the excavated detention pond should be located to maximize the land adjacent to the developer's property. We were told that additional geotechnical investigations were not warranted and that we were to assume soil conditions similar to those at Caledonia Brook where a limited geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for delivery of a drawing showing the extent of the land required for the pond plus a piped outlet to Millidge Avenue and three and a half weeks for a report. We responded to this request on January 8th, 2013 and an January 9t' 2013 you authorized us to start the work. CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS EVVMMS1120ADAK1 -M =S11:MmoAM 79 1.0 BACKGROUND 22 Street The Millidgeville Stormwater Management Plan (2010) included a detention pond located in today's the wetland adjacent Millidge Avenue, west of University Avenue. As part of the original Po Box 20040 assessments it was determined that water drains from the wetland through an outlet Saint John, New Brunswick structure located adjacent Millidge Avenue just east of Reed Street. During the 1 in 100 year Canada E2L 582 design rainfall event, It was estimated that the maximum water level would be above in mind elevation 28.0 metres, and as a result water would spill over the curb and onto Millidge Avenue and eventually down Reed Street to Donaldson Street. Telephone: 606 633 659 In order to minimize disturbance of the wetland, the detention storage was to be created by Fax: 506 633 6658 constructing berms around the low areas to allow water to pond to higher elevations and Eanea udu@cbc1.ca flood more of the lower wetland. This required berms along Millidge Avenue as well as WWXt;d Ce along the City owned right of way off Millidge Avenue, On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility of creating the detention storage by excavation on a portion of the City owned property. The property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on Millidge Avenue was interested in obtaining a portion of this property so the excavated detention pond should be located to maximize the land adjacent to the developer's property. We were told that additional geotechnical investigations were not warranted and that we were to assume soil conditions similar to those at Caledonia Brook where a limited geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for delivery of a drawing showing the extent of the land required for the pond plus a piped outlet to Millidge Avenue and three and a half weeks for a report. We responded to this request on January 8th, 2013 and an January 9t' 2013 you authorized us to start the work. CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS EVVMMS1120ADAK1 -M =S11:MmoAM 79 in preparation for development of the detention storage projects, this wetland (along with Solving the others considered for detention storage in the watershed) was delineated as part of the today's assessment completed in 2011, Later that year the Department of Environment changed the problems way it deals with wetlands. The owners of the property with the largest portion of the with wetiand on Millidge Avenue then proceeded to excavate wetland materials and replace tomomow them with rock fill in preparation for development of the property. An alternate plan for in mind creation of the detention storage is now required. On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility of creating the detention storage by excavation on a portion of the City owned property. The property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on Millidge Avenue was interested in obtaining a portion of this property so the excavated detention pond should be located to maximize the land adjacent to the developer's property. We were told that additional geotechnical investigations were not warranted and that we were to assume soil conditions similar to those at Caledonia Brook where a limited geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for delivery of a drawing showing the extent of the land required for the pond plus a piped outlet to Millidge Avenue and three and a half weeks for a report. We responded to this request on January 8th, 2013 and an January 9t' 2013 you authorized us to start the work. CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS EVVMMS1120ADAK1 -M =S11:MmoAM 79 Jodi Stringer - Webb 7 February 2013 Page 2 of 6 OMMIM We submitted a preliminary drawing of the concept on January 23`a 2013 for review. On C13CL LIMR'i~D January 301h you sent us preliminary drawings of the proposed development and we were cofflu la Enpmaers asked to reconfigure the pond to complement the proposed development. It was requested W that we should maximize the storage on the land available and reduce flows from the developed area to the extent possible. This report summarizes the processes followed, the findings of our investigations, and preliminary plans for creation of detention storage by excavation. Simulated flows and water levels in the system resulting from a 1 in 100 year design rainfall event are included to demonstrate the potential flow reduction in the downstream storm sewers, including the 600 mm diameter storm sewer that crosses Millidge Avenue toward Reed Street. 2.0 HYDROLOGIC AND HYDRAUL/c INwjmGAT1oNs Previous hydraulic investigations indicated that approximately 15,000 cubic metres of storage was required to limit the discharges from the wetland system to the capacity of a single 200 mm diameter pipe. This storage would attenuate peak runoff flows from the undeveloped wetland plus the areas around the wetland that have been developed as a mix of single family residential, apartments buildings and light commercial, as well as the Charles Gorman Arena facility. Similar assessments were completed for this study but with storage generated by excavating only a portion of the wetland. The computer based model of the storm sewer system in the areas tributary to the wetland and downstream was used for the hydrologic and hydraulic assessments. The assessments were completed as if developable areas south of the proposed pond were developed. it was indicated that the proposed development in the vicinity of the pond would be mufti-unit residential development. 3.0 SIMULATED RESULTS FOR A 1 IN 1W YEAR DESIGN RAINFALL EVENT The hydrologic and hydraulic model was used to simulate water levels and flows at key locations in the drainage system. Key locations for this assessment included the following: The manholes at the intersectlon of: Woodward Avenue and the lower exit from Brentwood Crescent; Woodward Ave and the trunk storm sewer from the Donaldson Street easement; Donaldson Street and Reed Street; Reed Street and Millidge Ave; and The wetlands - detention ponds. Pipe Flows: in the 1500 mm diameter storm sewer on Woodward Avenue as well as the flows In several upstream sections of the Woodward Avenue, Donaldson Street and Reed Street storm sewers, through the proposed pond outlet pipes and overtopping the curb on Millidge Avenue. 3.1 Existing Drainage System The model of existing conditions in the watershed was updated to include work that has been completed to date on the Millidgeville stormwater management plan and the planned detention ponds at Caledonia Brook. The chart located at the end of this letter Is tltled Flow o,aaas=ISM1 WMDHAYEN BP EWAVATIDN OPTION RHPT 12M.18AOMM EY7: =13112MMM M7 MIS1191AOAM 80 Jodi Stringer - Webb 7 February 2013 Page 3 of 6 in Downstream Storm Sewers and shows a time series of flows resulting from the 1 in 100 CECIL UMl'EM year design rainfall event. It shows a peak flow in the 1500 storm sewer on Woodward Consulting Engineers Avenue with the ponds at Caledonia Brook in service of 4.3 m3 /s, with a significant -J —� contribution of 1.5 m3 /s from the 1200 mm diameter storm sewer on Millidge Ave. The peak contribution from the existing wetland is approximately 0.85 m3 /s. The chart located at the end of this letter is showing the Head at Key Locations in Downstream Storm Sewers and shows the simulated water elevations during the design rainfall event, The maximum elevations in the upstream system tend to occur closer to the peak rainfall at 12 hours, maximum water levels occur up to an hour and a half later In the downstream system. 3.2 Existing Drainage System with Additional Storage The effects of providing additional storage at the upstream end of the Woodward Avenue system are demonstrated in the next set of charts. The peak flow in the 1500 mm diameter storm sewer on Woodward Avenue doesn't significantly change but the shape of the flow curve changes, the second peak is slightly reduced and it has a longer duration. Upstream peak flows are progressively reduced up to the proposed detention storage system, the discharge from the wetland is reduced from 0.85 m3 /s to 0.21 m3 /s. These effects combine to decrease surcharging in the upper reaches of the Woodward Avenue storm sewer system during the 1 In 100 year design rainfall event, as shown in the profile. There will still be surcharging in the 1500 diameter section of this storm sewer, in the vicinity of Brentwood Crescent. 4.0 GEOTECHNICAL INVESTIGATION At the City's request, geotechnical information collected from a borehole completed on the City owned property on Boars Head Road was used to develop design criteria for this assessment. Relevant information obtained at the drill site included; • Soils encountered in the borehole were: Fill material (0.9 metres) placed to facilitate house construction along Boars Head Road, fill Is not anticipated at this site; The original surface soils are organic sandy silt (0.3 metres); Sift - clay transition (0.3 metres); and Clay (6.6 metres) to bedrock. P The maximum recommended slope for the soils encountered, subjected to occasional flooding as would occur in a detention pond basin was 5 or 6 horizontal to 1 vertical. These preliminary assessments assumed that conditions at the borehole site are applicable at the proposed excavated detention ponds. This will need to be confirmed by additional geotechnical investigations in any area considered for construction of detention ponds. 5.0 CONCEPT DEVELOPMENT Preliminary assessments were made of concepts similar to the original concept with the berms. These included excavation of wetland materials on the property owned by the City including the 28 metre wide access from Millidge Avenue. o M4LDU LaM W000HA EN OP EXCAVATION OPTKM KEPT 02A7.13.D0QX&M ED, s )20131120:00ArwaMADIS11:21ADAM 81 Jodi Stringer - Webb 7 February 2013 Page 4 of 6 mom= 5.1 Constraints COOL LIIMiTHO New pond arrangements were developed based on the following constraints: Consuft Engineers a Only the City owned property would be considered for construction; • There would be no increase in flood elevations on adjacent properties. Maximum water levels were estimated at approximately elevation 28.2 metres adjacent Millidge Avenue, on the property that has been excavated and filled. Maximum water levels would be higher upstream, on the main portion of the City owned land; • There Is low land on the northwest side of the access from Millidge Avenue, some areas are as low as elevation 27.6 metres and are subject to flooding when the water level in the lower end of the wetland reaches its predicted high level during the 1 In 100 year design rainfall event; • The outfall from the storm sewer on Woodhaven Drive Is at elevation 28.6 metres so the maximum water levels in this areas should be in this range or lower so as not to surcharge this storm sewer; and • The lowest storm sewer in the vicinity of the proposed pond and in the same watershed is on Millidge Avenue, measured as elevation 25.58 metres and the low point of the curb on Millidge Avenue is at approximately 28.0 metres. If the outlet from the pond was blocked for some reason, the water level in the wetland would be expected to rise slightly above this level and water from the site would be discharged onto Millidge Ave then down Reed Street. Any development considered on the site or on adjacent properties below elevation 28.2 metres should be flood proof, 5.2 Detention Pond Arrangements The detention pond arrangement developed for the January 251h submission (see Figures i and 2) was based on the concept of identifying a relatively flat area along the north and northwest boundaries that naturally receives runoff from most of the areas tributary to the existing wetland. To maximize the tributary area, a swale was considered from Millidge Ave to the pond located in the northeast comer of the wetland. The Swale would also serve as an overflow from the pond, a new pond outlet pipe adjacent the Swale would limit normal discharges from the pond and slowly drain the pond following a runoff event. Following review of the plans for the proposed development the arrangement was modified so that the pond used only the areas not used by the development. In the modified arrangement (see Figures 3 and 4) the pond is stretched from Millidge Avenue to the storm outfall from Woodhaven Drive and narrowed in the vicinity of the main pond to fit the area designated by the developers. This arrangement requires more excavation as the entire pond will have a bottom water level of 26.0 metres. However, this arrangement requires a much shorter outlet pipe. This is the concept that will be discussed in the remainder of this report, 5.3 Concept Description for Modified Detention Pond The concept presented in Figures 3 and 4 will have the following features: • The proposed detention pond arrangement will required a total area of approximately 1.6 hectares; • The lowest water elevation will be 26.0 metres, and will be lower under drought conditions; uMO-Oa Lmoi wooDMvM on EXCAVATION OPTION REPT 02.07.19.00CXr4o M. 20,1¢018112MOAMM: MAIM 110:00 Mi 82 _ Jodi Stringer - Webb 7 February 2013 Page 5 of 6 • If the lowest grade adjacent the pond Is used as the highest water elevation then the highest CDCL LIMITED water elevation will be In the order of 27.6 metres due to the low areas on the northwest Carl Ang Engineers side of the assess from Millidge Avenue. For this range of water levels, the maximum volume of storage that could be utilized would be approximately of 11,200 cubic metres; if the pond is divided into three (3) sections, then the highest water elevations In each section would range from 27.6 metres In section 1, to 28.0 meters in section 2, to 28.2 metres in section 3. The maximum volume of storage that could be utilized would be In the order of 16,200 cubic metres; • As shown in Figure 3, the basin would be formed by excavating material from the wetland starting from a 2 metre wide buffer along the property line on the northwest, north and northeast sides of the property. The excavation would be at a slope of 5 to 1 to elevation 25.5 metres. Some of the wetland materials removed at the surface would be replaced at the new bottom elevation, slightly below the outlet pipe inverts at elevation 26.0 metres. This would allow accumulation of water, needed to maintain the wetland during dry weather. The overall depth of active (usable) storage would range from 1.6 metres in section 1 to 2.2 metres in section 3; from the design high water level to the outlet pipe invert, just above the invert elevation of the storm sewer on Millidge Avenue, • The estimated excavation required to form the three sections is approximately 24,900 cubic metres of soils. A small portion of this excavated material, approximately 2,500 cubic metres of wetland material, would be retained on site and used to create the new open water wetland at the bottom of each section; • Each section would be connected by a pond outlet pipe complete with an inlet control device, sized to back -up the runoff flows that are directly tributary to each section. A weir structure would separate each section and allow excess flows to pass from section to section and eventually to the existing swale adjacent Miilidge Avenue where excess flows currently spill; and • All of the available storage would be filled with runoff from a 1 in 100 year design rainfall event and inlet control devices are sized to allow a total of 0.21 m3 /s from this area. 5.4 Probable Costs of Construction Estimates of the probable costs of construction were developed based on the unit costs provided in the latest version of Division 4.5 Schedule of Quantities and Unit Costs. Additional costs were developed based on previous experience with similar works. The estimates are presented in Table 1. Table 1 shows the estimated costs for the major components for the project, The main component is earth works, including: excavation of wetland material, stockpiling and reinstatement and excavation of clay and slit till and removal from site of all but a small amount of It. The unit rate for excavation and disposal of surplus material used for estimation purposes was the same as provided in the assessment at Caledonia Brook. As discussed previously, these rates could be significantly different. It Is anticipated that the tender amounts for these units' will depend on the contractor's ability to locate a site for disposal of surplus material and for stockpiling wetiand material. man.as 1-E001 wooDHAVEN bP EXCAVATION OPTION REPr 02.0 CXFJB EQ 2aaala Tiamw AAWp :sMIS 11'.11;00 AM Jodi Stringer - Webb 7 February 2013 Page 6 of 6 mmt Tahip 1! M.-- -Hied Detention Storaree Pond Estimated PnabghlnC-D" strstctlon Cost COOL J:iUrMO .. Cortsutttng [bran 1 Wetland Excavation, Stockpiling and Disposal of Surplus $204,000 Common Excavation and.Disposal $647,50D Storm Sewer and Flow Control Components $81,100 Sediment Control $3,400 Fence $64,800 Conti ency —10% Sinn. 100 Note As with any drainage system, there is potential for the water levels in the existing wetland and in the proposed pond to reach elevation 28.2 metres. To minimize the risk of flood damage, no structure that could be damaged by flooding should be constructed below this elevation adjacent to the wetland or proposed detention ponds. No basements drainage from structures below this elevation should be connected to the wetlands orthe proposed ponds. We trust that this provides a satisfactory summary of our assessments. Please let us know If you would like additional information. Yours very truly, 7 Prepared by: Mike DeLay, P.Eng. Senior Water Resources Engineer Direct: (506) 633 -6650 Ext. 3279 E -Mail: miked@cbcl.ca & -1 //¢ Reviewed by: Douglas Brownrigg, P,Eng. Senior Project Manager This documentwas prepared for the party indicated herein. The material and Intomisfim in the document reflects C9CL UmWs opinion and heat Judgment based on tie IntomWon wHable at the *% of preWalon, Any use of M doCLFrAN or nrlianoe on b owdiant by tmrd parties is fine respnmMity of fine U*d parry. CBCL t.imited acc" no responsibRNyfor any damages sutered as a result of flrid party use of Yes ftnnsnt. Attachments. Figure 1: Original Overall Layout and Excavation Plan Figure 2: Original Outlet Pipe and Overflow Swale Figure 3: Modified Overall Layout and Excavation Plan Figure 4: Modified Detention Pond and Outlet Pipe Profile Graph 1: SWMM Existing Wetland Graph 2: SWMM with Proposed Detention Basins Project No: 082847.09 CON20 LEW w000rwvEN DP EXCAVATION OPTION FtEPr 020FAIDOCNA M272013112MAnupoeanMIN1121:00 ua 84 �-*R O- owow S°in re ^ 1 nn.ap. lA7sn 13 aua: j�!i er. P 0 enu�� b ' i .oar .e ool CL 800 on CUUALL PIPE * 31 W >p � z s — z 2 a an 0 t5.7a Fig 2 13121::� �-*h f KUMCIE WE SMMNWM PM GRADE ELEVATION SrIDRM $EWER (PROP.) KMAXM M& SIORNWOMM pokD m m MIMMUCREIMMEN ....... ... :N V-* I — .1D IMJJ= AW Matum rm M"Fm%N MW AM W%& I Fig 4 NPE Rom a !I itr i. All Wo �,rerrr:'.rr rrrrr. awr. ir.. r. r. rwn�a.. rn .r�rowrr.i.ar+.ra.ewwra.rwwrarW war wens�.rrer�rr:rm rnrwnm - —,__ - per MeesOe V.ye rr,v �welae —�we�. ::. ;J _ _ �....�...��.. wlr.r.ra�ne.r.._.. .. �__ __._.�..�_ -r r "� F Ftiwieowmr.rrr�Mwr «w�,. ,� r •� � I .,h 1 1 �" Y: � J i y .. '� ' W"� 4 SchedMIO °F" - E QMWb to Fir of the Vendor See Attacied 1 W Gi �v5 92 93 ASd= ..lA The My of samt John May 21, 2013 Deputy Mayor and Councillors Subject: Committee of the Whole: FCM Conference The Committee of the Whole, having met on May 21, 2013, adopted the following recommendation: That the Mayor and up to three Councillors be permitted to travel to the 2013 FCM Annual General Meeting in Vancouver, B.C. Sincerely, Mel Norton Mayor 4 SAINT ; ?PN P.O. Box 1971 SahitJohn, NS Canada EX 404 arvAY,•sbntiot n.ra i C.P. 1971 Saint john, N. B. C.an;Aa EM 9L'e