Loading...
2014-04-14_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, April 14, 2014 6:00 pm 8th Floor Boardroom, City Hall Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of March 31, 2014 2 - 9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 City of Saint John and Membership in the World Energy Cities Partnership 10-13 (Recommendation: Receive for Information) 5.2 Tender for Traffic Signal Materials (Recommendation in Report) 14-23 5.3 Letter from a Beckett re 2014 Capital Approval (Recommendation: Approve 24-24 Change in Capital Program for 2014 as Submitted) 5.4 Letter from A. Beckett re Credit Card Approval for Borrowing (Recommendation 25-25 Approve Request to Establish Corporate Credit Card with $5000 Limit) 5.5 Merchant Agreement — Chase Paymentech Solutions (Recommendation in 26-27 Report) 5.6 Acquiring of Title to Fire Lane off Alma Street East (Recommendation in Report) 28-32 5.7 Mrs. Hatty Letter re Installation of Rotaries in the City (Recommendation: 33-33 Receive for Information) 5.8 FCM Loan Disbursement Police Headquarters (Recommendation: Report be 34-35 Received for Information) 1 Powered By; $ &1BE' 1 5.9 FCM - City of Saint John New Construction LEED Gold Police Headquarters 36-36 (Recommendation: Receive for Information) 5.10 Saint John Energy - Request to Present (Recommendation: Refer to Clerk for 37-37 Scheduling) 5.11 NB Museum - Request to Present (Recommendation: Refer to Clerk for 38-38 Scheduling) 6. Members Comments 7. Proclamation 7.1 Day of Mourning in Recognition of Workers Killed, Injured or Disabled on the 39-39 Job- April 28, 2014 7.2 Police Week- May 11 -17 40-40 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Water and Sewerage ByLaw Amendment 41 -41 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Zone SJ: Phase 1 of the Formal Adoption Process Housekeeping 42-165 Amendments to the Municipal Plan 12.2 Elimination of the Night Time Solid Waste Collection Model 166-169 12.3 Tender for Asphalt Concrete Mixes 170-172 12.4 Contract 2013 -22 Prince William Street (Princess Street to Duke Street) Water, 173-174 Sanitary and Storm Sewer Renewal and Street Reconstruction 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 The Hardman Group Letter re Summer Sponsorship 175-191 15.2 Bullying Canada Letter re Request for Support from Council 192-193 15.3 Total Golf Management - Rockwood Park Golf Course Report for 2013 Season 194-196 1 16 15.4 Letter from Corvettes re Car Show Supplemental Agenda 16.1 Finance and Administrative Services - Sustainable Service Review 16.2 The Originals - Street Closure Request 16.3 License Agreement with Beavertails (Food Vendor) in Waterfront Area 16.4 Shamrock Park Artificial Turf Field (Mayor Norton) 17. Committee of the Whole 18. Adjournment 3 197-197 249-252 253-261 262-304 City of Saint John Common Council Meeting Monday April 14, 2014 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 subsection 10.2(4) 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 Labour Matter 10.2(4)0) 1.3 Financial Matter 10.2(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) The City of Saint John Seance du conseil communal Le lundi 14 avril 2014 18 h Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues d Particle 10 de la Loi sur les municipalWs. Le conseil /comit6 prendra une ou des decisions d cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — alin6a 10.2(4)b) 1.2 Question relative au personnel — alin6a 10.2(4)j) 1.3 Question financiere — alin6a 10.2(4)c) 1.4 Question financiere — alin6a 10.2(4)c) 1.5 Question financiere — alin6a 10.2(4)c) S6ance ordinaire 1.Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 31 mars 2014 3. Adoption de 1'ordre du jour 4. Divulgations de conflits dint& is 5. Questions soumises a Papprobation du conseil 5.1 Participation de The City of Saint John dans le cadre du World Energy Cities Partnership (partenariat mondial 6nergie cit6s) (recommandation accepter d titre informatif) 5.2 Soumission relative au mat&riel pour feux de circulation (recommandation figurant au rapport) 5.3 Lettre de A. Beckett relativement a 1'approbation d'immobilisations en 2014 (recommandation : approuver le changement dans le programme d'immobilisations pour 2014 tel qu'il est presente) 5.4 Lettre de A. Beckett relativement a 1'approbation d'une carte de credit aux fins d'emprunt (recommandation : approuver la demande visant a etablir pour la municipalite une carte de credit ayant une limite de 5 000 $) 5.5 Entente avec les commergants — Chase Paymentech Solutions (recommandation figurant au rapport) 5.6 Acquisition du titre de la voie reservee au service d'incendie pres de la rue Alma Est (recommandation figurant au rapport) 5.7 Lettre de Mme Hatty concernant l'installation de carrefours giratoires dans la ville (recommandation : accepter a titre informatif) 5.8 Federation canadienne des municipalites — Octroi de pret relatif au bureau central du Service de police (recommandation : accepter a titre informatif) 5.9 Nouvelle construction LEED categorie Or du bureau central du Service de police de Saint John (recommandation : accepter a titre informatif) 5.10 Demande soumise par Saint John Energy en vue de se presenter devant le conseil (recommandation : transmettre au greffier pour qu'une date de presentation soit fixee) 5.11 Demande soumise par le Musee du Nouveau - Brunswick en vue de se presenter devant le conseil (recommandation : transmettre au greffier pour qu'une date de presentation soit fixee) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Jour de deuil a la memoire des travailleurs et travailleuses tues, blesses, ou devenus invalides au travail — 28 avril 2014 7.2 Semaine de la police — du 11 au 17 mai 2014 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification de 1'Arrete concernant les reseaux d'eau et d'egouts 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 ZoneSJ : Phase 1 du processus d'adoption officielle des modifications administratives au plan municipal 12.2 Elimination du mod0e de collecte des d6chets solides en soiree 12.3 Soumission relative aux m6langes de b6ton asphaltique 12.4 Contrat 2013 -22 — Renouvellement de la conduite d'eau et des 6gouts sanitaires et pluviaux et travaux de r6fection de la rue Prince William (entre la rue Princess et la rue Duke) 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil 15. Correspondance gknkrale 15.1 Lettre de Hardman Group concernant la commandite d'&6 15.2 Lettre de BullyingCanada — Demande de soutien de la part du conseil 15.3 Entreprise Total Golf Management — Rapport sur le terrain de golf du parc Rockwood pour la saison 2013 15.4 Lettre de Corvettes concernant le salon de 1'automobile 16. Ordre du jour suppl6mentaire 16.1 Services financiers et administratifs — Examen relatif a la prestation des services durables 16.2 Les Originaux — Demande de fermeture de rue 16.3 Contrat de licence avec BeaverTails Brands Inc. (vendeur de produits alimentaires) dans le secteur riverain 16.4 Terrain en gazon synth6tique du parc Shamrock (maire Norton) 17. ComW pl6nier 18. Lev& de la s6ance 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014 /LE 31 MARS 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 31, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; W. Edwards, Commissioner of Transportation and Environment Services; Jacqueline Hamilton, Commissioner Growth and Community Development; Amy Poffenroth, Deputy Commissioner Growth and Community Development; Neil Jacobsen, Commissioner Strategic Services; Sgt. J. Fleming, Sergeant -at -Arms; J. Armstrong, Deputy Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Councillor Merrithew 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Ron Curtis offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of Common Council Meeting of March 10, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on March 10, 2014, be approved. Question being taken, the motion was carried. 2.2 Minutes of Common Council Meeting of March 18, 2014 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on March 18, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 City Market Assignment of Lease Stall "D -1 "; 17.1 Legal Advisor's Agreement Safe, Clean Drinking Water Project; and 17.2 Amendment to the Settlement Agreement between the City of Saint John and Pomerleau Inc. relating to the Police Headquarters. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Fullerton and Mayor Norton disclosed a conflict on item 12.3 — Improvements to the Heritage Grant Program. Councillor Reardon disclosed that she lives in a heritage building and is on the Heritage Board but does not feel it is a conflict inhibiting her from voting on item 12.3. 1 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014/LE 31 MARS 2014 7.4 Daffodil Month Jill Russell, Canadian Cancer Society, presented on the Daffodil Campaign a Cancer Awareness initiative. 5. Consent Agenda 5.1 That the submitted report Canada Post Changes be received for information. 5.2 That the submitted report M &C 2014 -29: Public Information Session Douglas Avenue (Bentley Street to Clarendon Street) — Water, Sanitary and Storm Sewer Renewal and Wastewater Lift Station Installation be received for information. 5.3 That the submitted report Summary of the Federation of Canadian Municipalities' Board of Directors and Standing Committee Meetings, Thunder Bay, Ontario, March 3 -8, 2014 be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2014- 28: Proposed Public Hearing Date — 368 Rothesay Avenue (Adjacent Land), 11 Pickard Street & 3636 Westfield Road Common Council schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (land adjacent to 368 Rothesay Avenue), Brian Reed (11 Pickard Street) and Scott Darling (3636 Westfield Road) for Monday, April 28, 2014 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.5 That as recommended by the City Manager in the submitted report M &C 2014- 32: Engineering Services - Hickey Road, Colpitts Avenue and MRG Station X' Wastewater Lift Station Upgrades, the proposal from Crandall Engineering Ltd. for engineering design and construction management services for the Hickey Road, Colpitts Avenue and MRG Station "X" - Wastewater Lift Station Upgrades in the amount of $130,177.13 including HST be approved and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.6 That the submitted report M &C 2014 -33: Public Information Session Millidgeville Stormwater Detention Pond be received for information. 5.7 Refer to 14.1 5.8 That the submitted report M &C 2014 -31: Lancaster Wastewater Treatment Facility — Energy Management Program be received for information. 5.9 Refer to 14.2 5.10 That the request from Uptown Saint John to present on its recommendation on Pedestrian Streets to Common Council be referred to the Common Clerk to schedule. 5.11 That the report Planning Advisory Committee Executive for 2014 be received for information. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.7 and 5.9 which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Canadian Oncology Nursing Day - April 1, 2014 3 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014 /LE 31 MARS 2014 The Mayor proclaimed April 1, 2014 Canadian Oncology Nursing Day in The City of Saint John. 7.2 National Volunteer Week - April 6 - April 12, 2014 The Mayor proclaimed the week of April 6 - April 12, 2014 National Volunteer Week in The City of Saint John. 7.3 Day to Recognize the 110th Anniversary of 2 Squadron, 37 Signal Regiment - March 31, 2014 The Mayor proclaimed March 3, 2014 the Day to Recognize the 110th Anniversary of 2 Squadron, 37 Signal Regiment in The City of Saint John. 7.4 Daffodil Month — April 2014 The Mayor proclaimed the month of April 2014 Daffodil Month in The City of Saint John. 8. Delegations /Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading By -Law Respecting Traffic on Streets in The City of Saint John On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", repealing and replacing Section 26 regarding the fine structure for violations of the Traffic By -Law, be read. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", repealing and replacing Section 26 regarding the fine structure for violations of the Traffic By -Law, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ". 11. Submissions by Council Members 11.1 Replacement Fleet Policy (Councillor McAlary) Council members questioned how equipment is replaced under the reserve fund policy. The City Manager spoke on the Fleet Replacement Policy currently under review. There is a process underway to standardize the use of operating budget, capital budget, and the reserve fund when purchasing equipment. If there is an urgent requirement for equipment the reserve fund is available. 12. Business Matters - Municipal Officers 11 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014/LE 31 MARS 2014 12.1 Engagement and Development Plan for the Enhancement of Economic Development Criteria within the Evaluation of the City of Saint John's Capital Priorities On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the submitted report Engagement and Development Plan for the Enhancement of Economic Development Criteria within the Evaluation of The City of Saint John's Capital Priorities Common Council be received for information. Question being taken, the motion was carried with Councillor Farren voting nay. 12.2 Use of City Water and Sewerage Lines The City Solicitor advised that the Municipalities Act provides the municipality the authority to compel owners of a building standing on land by which a sewer or water main runs to connect to the City's infrastructure or make a charge in lieu of. This provision is intended as a comprehensive scheme, either hook -up or pay a charge for the service. There is no discretion given to a municipality to consider how far the line is from a building or the costs involved to connect. On motion of Councillor Strowbridge Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -27: Use of City Water and Sewage Lines 1. The City continue to exercise the authority granted under subsection 189(14) of the Municipalities Act (the authority) to compel owners of a building standing on land by which a sewer or water main runs to connect to the City's infrastructure or make a charge in lieu of; 2. That the by -law be amended so that all building owners in these circumstances, who choose not to connect to City services, will be subject to a rate equal to the fixed service charge rather than the flat rate charge; 3. That the by -law amendment be retroactive to January 1 st, 2013. Question being taken, the motion was carried with Councillor McAlary voting nay. On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the by -law entitled "By -Law Number M -16 A Law to Amend a By -Law respecting Water and Sewerage" repealing and replacing Section 5(2) be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law respecting Water and Sewerage ". On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled "By -Law Number M -16 A Law to Amend a By -Law respecting Water and Sewerage" repealing and replacing Section 5(2), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By-Law Number M -16 A Law to Amend a By -Law respecting Water and Sewerage ". (Mayor Norton and Councillor Fullerton, having disclosed a conflict, withdrew from the meeting. Deputy Mayor Rinehart assumed the Chair.) 5 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014 /LE 31 MARS 2014 12.3 Improvements to the Heritage Grant Program- Phase One Deputy Commissioner Poffenroth spoke on the Heritage Grant funding changes for restoration of buildings, adding that administrative changes will allow access to the funding cheques within 60 days of the project completion. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by City Manager in the submitted report M &C 2014 -34: Improvements to the Heritage Grant Program — Phase One Common Council adopt the Heritage Grant Program Policy as set out in Appendix A, to be implemented on April 1, 2014. Question being taken, the motion was carried. (The Mayor and Councillor Fullerton re- entered the meeting; Mayor Norton resumed the Chair) 12.4 City Participation in FCM P. Ouellette, Executive Director, spoke on the benefits to the City being on the committee level at the FCM. On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report Continued City of Saint John Participation in Federation of Canadian Municipalities Committees Common Council: 1. Direct the City Manager to notify the FCM of the City's interest to send one Member of Council to the following two FCM committees for 2014- 2015: Municipal Finance and Intergovernmental Arrangements and Municipal Infrastructure and Transportation Policy; and, 2. Request Members of Council interested in participating in FCM Committees for 2014- 2015 to notify the Common Clerk, who will then send to the City's Nomination Committee. Question being taken, the motion was carried. 12.5 Snow Blower Purchase Council questioned whether the Request for Proposals could be revised to order two snow blowers instead of one. The City Solicitor spoke on preserving the integrity of the bidding process and stated that if Council wants to order two snow blowers the current successful RFP would need to be withdrawn and a new RFP be prepared. On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -26: Snow Blower Purchase Common Council award the tender for the supply of one (1) Snow blower — Loader Attachment to J.A. Larue, at a price of $99,448.00 plus HST. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 2014 Debenture Issue On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -30: 2014 Debenture Issue whereas X 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014/LE 31 MARS 2014 occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERALFUND General Government $ 500,000 Protective Services $ 3,500,000 Transportation Services $ 4,000,000 Economic Development $ 1,000,000 Parks and Recreation $ 1,500,000 Environmental Health $ 100,000 $ 10,600,000 SAINT JOHN TRANSIT $ 400,000 TOTAL $ 11,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $11,000,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $11,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 14.2 Fluoride letters Letters were received concerning the pros and cons of adding fluoride to the municipal water supply from the following groups: • NB Dental Society • Horizon Health — C. O'Brien, MD • Y. Parent, P. Eng • Horizon Health — J. Doman, MD On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the following letters respecting fluoride in the municipal water supply be received for information: Dr. Clark and Dr. Manning of New Brunswick Dental Society (dated March 24, 2014); Dr. O'Brien Horizon Health (dated March 15, 2014); Yves Parent (dated March 17, 2014); and Dr. Doman of Horizon Health (dated March 13, 2014). Question being taken, the motion was carried with Councillor Reardon voting nay. 15. General Correspondence N 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014 /LE 31 MARS 2014 15.1 Letter from Mr. Hamm: Suggestion to Increase Residential Development The City Manager spoke on the new Plan SJ and Zone SJ and the efforts these initiatives provide to reduce urban sprawl for future growth and savings. On motion of Deputy Mayor Rinehart Seconded by Councillor Lowe RESOLVED that the letter from Mr. Hamm, entitled Suggestion to Increase Residential Development, be received for information. Question being taken, the motion was carried with Councillor Fullerton voting nay. 15.2 Cherry Brook Zoo Request (Tabled Feb 17, 2014) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that item 15.2 Cherry Brook Zoo Request, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Cherry Brook Zoo request be referred to the City Manager for consideration in the service review process. Question being taken, motion was carried. 16. Supplemental Agenda 16.1 Saint John City Market — Assignment of Lease of Space Stall "13-1" On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on March 31, 2014: 1. Common Council consent to the Assignment of Lease from Kyung Soon Chang to Dae Yeon Lee, effective April 1, 2014; and further 2. That the Mayor and Common Clerk be authorized to execute the Assignment of Lease in the form as attached to M &C 2014 -36. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Legal Advisor's Contract Safe, Clean Drinking Water Project On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on March 31, 2014, the following resolution be adopted: (a) Common Council approves the terms and conditions of the proposed Legal Advisor's Contract between the City of Saint John and Torys LLP, for the provisions of legal services relating to the formation and implementation of a public - private partnership for the delivery of the Safe, Clean Drinking Water Project, the text of which contract accompanies the City Manager's correspondence, dated March 25`h, 2014; and (b) That the Mayor and Common Clerk be authorized to execute the Legal Advisor's Contract. Question being taken, the motion was carried. n. 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 31, 2014/LE 31 MARS 2014 17.2 Amendment to the Settlement Agreement between the City of Saint John and Pomerleau Inc. relating to the Police Headquarters On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on March 31, 2014, Common Council approves the following amendment of the Settlement Agreement with Pomerleau Inc. relating to the Police Headquarters: (a) Approve the submitted text of the Second Amending Settlement Agreement between the City of Saint John and Pomerleau Inc. in relation to the Police Headquarters, the text of which accompanies the City Manager's correspondence in this matter to Common Council, dated March 31, 2014; and (b) That the Mayor and Common Clerk be authorized to execute the Second Amending Settlement Agreement. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Strowbridge Seconded by Councillor Reardon RESOLVED that the Common Council meeting of March 31, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:50 p.m. Mayor / maire Common Clerk / greffier communal 9 5. � REPORT TO COMMON COUNCIL April 1, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: CITY OF SAINT JOHN AND MEMBERSHIP IN THE City of Saint John WORLD ENERGY CITIES PARTNERSHIP On May 271h, 2013, Common Council adopted a resolution to seek membership into the World Energy Cities Partnership (WECP). Since that time, City Staff drafted a letter of consideration for the City of Saint John's application to the organization, which was submitted as an information item to Common Council in February 2014. City Staff have received a response from WECP (see attachment), which indicates the Partnership's desire to focus on membership growth outside of North America. WECP will not consider the City of Saint John's application at this time, but has invited the City to participate in some upcoming networking events during their Annual General Meeting in Houston, Texas. It is City Staff's recommendation to maintain contact with the WECP Secretariat and WECP Canadian members, and to continue building bi- lateral and multi- lateral relationships with like- minded energy- focused municipalities across Canada and beyond. RECOMMENDATIONS Staff recommends that Common Council: 1. Receive and file this report. Respectfully submitted, Phil Ouellette, MA Executive Director J trick Woods, CGA City Manager 10 World Energy Cities Partnership r� March 27, 2014 Mr. Pat Woods City Manager City of Saint John, New Brunswick P.O Box C.P 1971 Saint John, NB/N -B. Canada E2L 4L1 Dear Mr. Woods: Secretariat 901 Bagby Street, 4" Floor Houston, Texas 77002 Thank you very much for the letter confirming St. John's interest in joining the World Energy Cities Partnership ( "WECP "). The Board of the WECP congratulates you on your city's tremendous accomplishments and recognizes, as you do, the groundswell of opportunities for your citizens and business community in your burgeoning energy sector. However, after careful consideration of this request and our growth plans for 2014, 1 regret that we have decided not to begin discussions of membership for St. John's at this time. Roughly 20 years after the founding of our partnership, the WECP has experienced tremendous growth, reflecting the dynamism of the global energy sector and the notable emergence of city mayors as both thought leaders and key economic actors whose decisions are felt worldwide. As we continue to develop our voice and the global platform we have created, the WECP is taking special care to promote growth in areas that balance our core representation. In particular we are considering new member cities in historically underrepresented regions, such as ASEAN bloc countries and southern and eastern African nations. We have discussed with our board the opportunity to evaluate and revise further our criteria for new member cities, and would be happy to re- examine this request at a future date. Until that time, it is my pleasure and an honor to extend to St. John's an invitation to send a delegation to attend any of our 2014 networking functions in Houston, and have attached save- the -date reminders to this letter for your consideration. I hope you will join us and we look forward to exploring other avenues to work together. Sincerely, sC Andrew F. Icken Secretary General WECP Member Cities: Aberdeen, Scotland, U.K.; Atyrau, Kazakhstan; Calgary, Canada; Dammam, Saudi Arabia; Daqing, China, Doha, Qatar; Dongying, China; Esbjerg, Demnark; Halifax, Canada; Houston, U.S.; Karamay, China; Luanda, Angola; Malabo, Equatorial Guinea; Perth, Australia; Port Harcourt, Nigeria; Rio de Janeiro, Brazil; San Fernando, Trinidad & Tobago; St. Johns, Canada; Stavanger, Norway; Tomsk, Russia; Villahermosa, Mexico 11 +r N � ul a+,d U) ul ul r G? 0 ;S Vp } W �y ell Q: i4 t p O Od • rw 12 N rat 0 �y �r L Ul r My •� �4-J,; w w w 0 M �3 • vi b ' iz F4 �b 4+ �i C; 3 O Od • rw 12 N rat 0 �y �r L Ul r My •� �4-J,; w w w The World Energy Cities Partnership kindly requests that you sere the state for its annual -Networking Reception. Hosted b -N• the 4 Partnership's 21: member cities, this reception is one of the premiere business networking events helot during OTC week. and ren,tdarly attracts high level business and government attendees from all over the world. Please block vow calendars and we look forward to seen' ig you there! Tues -d � Ala- 64 201- t 6 p.m. -, ItIotel ZaZa -), i � 't .11l tree Houston. Ties I I7 00105 For inforniation, please contact events@energycities.org or 33393.082.9 E THE , 13 REPORT TO COMMON COUNCIL M &C2014 --44 April 7, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Tender for Traffic Signal Materials BACKGROUND The OWDfsaint john Traffic signal materials are needed for reactive and preventative maintenance to the City's over 100 existing traffic signal systems as well as installation of new systems. Over the years the City has had supply agreements with various providers of traffic signal materials. Having these agreements in place guarantees pricing for improved budget planning and enhances the efficiency of the procurement process when materials need to be purchased. Staff of Transportation & Environment Services recently completed a comprehensive review of the specifications used to procure these materials that was used in this tender process. This process was used to implement new technologies in the industry and /or decrease lifecycle costs when these materials are installed in the field. Award of each material type is made separately as different traffic signal equipment suppliers specialize in different aspects of the industry. This report summarizes the tender process undertaken and includes recommendations to award supply of these materials for a two year period with an option for a third year if mutually agreed. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT: A public tender call was issued on January 8, 2014 and closed on January 29, 2014. Six (b) companies responded to the tender call by submitting bids. Given the large number of items encompassed by the tender, no single bidder provided an all - inclusive bid and some vendors submitted bids suggesting possible alternatives to what was specified. Staff of Materials Management and Transportation & Environment Services have diligently reviewed the bids and examined any proposed alternatives to assess their suitability. With the exceptions denoted by " * *" in the attached summary (seven (7) items in total), staff are recommending awarding to the low- bidder on each item (denoted by " *" in the attached summary). For the items where no bids were received, they will be handled on a case -by -case basis in the future as needs arise. 14 Tender for Traffic Signal Materials Report to Common Council, M & C 2014 - 44 April 7, 2014 Page 2 In the seven (7) cases where staff are not recommending award to the low - bidder, the item in question does not meet City of Saint John standard specifications and/or has not been shown to work with existing equipment. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS: The total estimated cost of these supply agreements, for a two year period using estimated quantities and if awarded as recommended, will be approximately $128,056.06 plus HST for year one and $131,867.76 for year two of the supply agreement for the estimated two -year total amount of $259,923.82 plus HST. It is understood that this is not a firm, fixed total cost, as quantities are impacted by such factors as reactive maintenance, which cannot be planned. This is a planned expenditure and as such, funds to cover the cost are included in the General Fund Operating Budget of the Pedestrian & Traffic Management Service and individual General Fund Capital project budgets if necessary. RECOMMENDATION It is recommended that the tender for the supply of Traffic Signal Material for a two year term be awarded to the lowest compliant bidder in each case as indicated on the enclosed summary of bids. Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Se.E. Manager, Pedestrian & Traffic Services Transportation and Environment Services /X,:; �, � /, ' Wm. Edwards, P. Eng. Commissioner Transportation and Environment Services 15 /RKevin Rice B. Se., CET Deputy Commissioner Transportation and Environment Services J. Patrick Woods, CGA City Manager t 0 0 Q N Z U w F-� 16 CM L" O b c N N C Q N O O O u p O Q 7 G O o C. o a rn S Q Ln N Ln �7 r d as od b N m E 0 F7 4 ci y 7 r Q i N N G C In F 0 e u N u � Ga rp b � w F y ry+ Q O O G. r O p cC CVJ y rqC t4 �y V c� u V ❑p C p U 16 CM L" O b c N N C Q R / . J 8 /\ /] �g §( j� / / B 17 } { \ \ \ � i■ _ � )) R \ C � � § \ % § o6 � © ■ Ach �I \ \ ./ ) ) _ § 9 e 9 w ° Cl ' j e _ k } \ \ ID \ / } / ! J G / f \ 2 ( 2 e } 2 e ) £ ^ m§ ) m § 2 17 } { \ \ \ � F 0 O Q N W �i • h [ID W Gv A V SQ '9 4� H 0 D z �O N O D A q N L Q O d Q ° � L 5+ O m F� � N LS Fa O O 91`t N 6f e(� yrj aQO w 0 ;r+ m a W � w ;K m W U H `D � ° k+ a m cti T• N L C O Q 6 W W Oti w �I � M Vt sal 00 O 00 O C� C � Vl � � fJt Vi 9 .a y O C �O a0 V' oo �D Cp�1 tU U ti O w. O • h [ID W Gv A V SQ '9 4� H 0 D z �O N O D A q O Q C+3 r V Q' N rn `� o4 H I F" 19 F W b Ce 0 U W Sr W C' N o m r of m vi ri Cl d H ti O O G O O O Q m1^ vi cri ru V O t4 'i eq cao W �i d O Cl tD V W � y a` ��„ c N _ p Q c•i N In cl A c� A 10 LO W orb ^ k r 7 N mm [V ri W O V k C6 � 7 W V U U � U n � O y �O6 � w � b J � In In c' r, N C�'V N m m m m 19 F W b Ce 0 U W Sr O O m N 9 Q W u � ✓� © i o iris I:> 3i '�' � � 4 a r] N C7 d m p O 0 C, 0 0 op O d O � a, .1 tt m t a 01 a m i R tJ w 0 w d �t _ � rn c N •r L L' oo b Iii C] � N N t1 -. NF. O O o ry O W _ fjyy o 0 O F a 3 3 3 3 Or O N m rn rs m m m v v � 20 4� C 0 b G u �a m Y t O Q M aC> N I ra W +�1 Q t) w ut 21 0 u; U Tl d� Qtr C z 0 Jelc a a 4 iYa LYi � y Ap # 'k N O O w � D O O [ ©y 'O d sr w L p O o N L � � C1 E V k7 ~ Q 1O p Q N A w v u L N C+ ea N ix u ol F � V A b 6m ° a o Ps m P. H .+ Y+ m .+ v W F P. F+ CP 21 0 u; U Tl d� Qtr C z 0 Jelc a a 4 iYa LYi � y Ap # 'k ,r CJ M Q N I A ¢, U w w a H 22 O V_ V W �Q 1--I z 0 3 3 ^d W 4 O D � ex N N AA ry w o o 0 Sri 0 vi rn a Cm VJ F. Q cq �O N i. d Y� d W N H L. yti N O O d d fi VOy fi fi O �k d fi a fi N C y � ri � U D O 6 fi Q n.l d CA � N rd ID ? W w a sCq fi a �In a � Aw �a rya° r� .•;H M� 22 O V_ V W �Q 1--I z 0 3 3 ^d W 4 O D � ex N N AA S \ i ] § 4 2 / � 23 \ A \ / \ § / \ c \\ i/ \) 7$ §) \\ \� )� $� / � 2 % 4 e & � a � \ k � \ a $ � f \ ) / R 2 k G � t � ■■ 12" 2 Q 2 2 7 23 \ A \ / \ § / \ c \\ i/ \) 7$ §) \\ \� A � March 27, 2014 Mr. Patrick Woods, City Manager City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mr. Woods, RE: 2014 Capital Approval The Library Board was recently advised that the City had approved a capital budget allocation of $45,000 for the current fiscal period. We are very appreciative of the City's on -going support for our operations. When making the request for capital funds we had identified a project associated with realigning our circulation desk as being the main use for the funding. Since that time a more pressing need has been identified. We would like to utilize the funds to construct two new public washrooms at the Central Library - a accessible washroom on the 2nd floor and an accessible family washroom in the Children's Area. While cost estimates have not been finalized for the new washrooms the Library Board will be assume responsibility for any costs in excess of the $45,000 approved by the City. We would ask for the City's assistance, through your Facilities Management staff, in preparing and issuing tender documents for this work. We would ask that the City approve the change in our capital program for 2014 as noted above. If you require any further information, please do not hesitate to contact me. Yours truly, �w An zew P. Beckett MA CA Treasurer 1 BIBLIOTHEQUE PUBLIQUE DE SAINT JOHN FREE PUBLIC LIBRARY CANADA's FIRST FREE PUBLIC LIBRARY - ESTABLISHED IN 1883 1 LA PR9*RE BIBLIOTHEQUE PUBLIQUE GRATUITE AU CANADA - FONDEE EN 1883 1 MARKET SQUARE, SAINT JOHN, NB E2L 4Z6 T:506-643-7236 F: 506- 643 -7225 S1FPL @GNB.CA WWW.SAINTJOHNLIBRARY.CA NIVT©v& March 27, 2014 Mr. Patrick Woods, City Manager City of Saint John F.O. Box 1971 Saint John, NB E2L 4L1 Dear Mr. Woods, RE: Credit Card — Approval for Borrowing The Library Board would like to proceed with getting credit card to better enable operational requirements. A credit card is increasingly needed for on -line transactions and is a more efficient means of handling smaller operational expenditure requirements. We intend to utilize the services of our Bank, the Bank of Nova Scotia, to obtain a corporate credit card however as this constitutes a form of borrowing we require the City's approval before we can proceed. We would ask approval be given to the Library Board to proceed with establishing a corporate credit card with a credit limit of $5,000. The card would be issued in the name of the Chief Librarian and is to be used for Library operational purposes only. Monthly statements for the credit card will be reviewed by the Library Board Treasurer to ensure compliance. If you require any further information, please do not hesitate to contact me. Yours truly, U j /A� Andrew P. Beckett MA CA Treasurer r r. BIBLIOTHWUE PUBLIQUE DE SAINT JOHN FREE PUBLIC LIBRARY CANADA'S FIRST FREE PUBLIC LIBRARY - ESTABLISHED IN 1883 1 LA PRrRE BIBLIOTHLQUE PUBLIQUE GRATUITE AU CANADA - FONDLE EN 1883 1 MARKET SQUARE, SAINT JOHN, N B E2L4Z6 7:506- 643 -7236 F:506 -643 -7225 SJFPL@GNB.CA WWW.SAINTJOHNLIBRARY.CA REPORT TO COMMON COUNCIL M &C- 2014 -39 April 2, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Merchant Agreement — Chase Paymentech Solutions BACKGROUND: City of Saint John In November of 2008, the City entered into an agreement with Chase Paymentech Solutions, on behalf of the Bank of Nova Scotia, to process payment card (Debit, Visa, and MasterCard) transactions for the City of Saint John. The existing Merchant Account currently includes transactions from the Finance Department, Building Inspection, Parking Commission and Municipal Operations. The Saint John Board of Police Commission opened the new police headquarters in November 2012 and after a full year of operation in the new facility, there is a need to offer citizens different methods of payment (Debit, Visa, and MasterCard) for criminal record checks, taxi licencing, and other services. In the past, Saint John Police Force was located in City Hall, and customers could be directed to make payment at the cashier's office which was convenient for all parties. In order to facilitate the acquisition of such equipment, we need to enter into a new agreement with Chase Paymentech. Details of the Merchant Account can be found in the attached Merchant Agreement Addendum and Schedule A to Merchant Agreement Assumptions and Fees. ANALYSIS: This Merchant Application and Agreement was previously reviewed by the Legal Department and they have indicated that there are no major concerns arising from their review of the existing agreement. 26 M &C- 2014 -39 April 2, 2014 RECOMMENDATION: It is recommended that -2- 1. The City of Saint John enter into a "Merchant Agreement" with Chase Paymentech Solutions for the processing of payment card transaction based upon the terms and conditions attached to this report. 2. The Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CGA City Manager 27 REPORT TO COMMON COUNCIL M &C- 2014 -37 April 1, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquiring of Title to Fire Lane off Alma Street East BACKGROUND: =9y City of Saint John In 2011, Dobbelsteyn Care Home Ltd. received approval from Council for rezoning of the property situated at civic #245 Mount Pleasant Avenue East to allow for the construction of a senior special care facility. The project is now completed and is in operation. The owner /operator of this facility has recently acquired four narrow properties situated to the north of this facility, located off Alma Street East, which are separated from the present care facility by an existing 4.5 metre (15 foot) wide Fire Lane. The proponent has requested that the City consider acquiring title to and thereafter conveying a portion of the fire lane to the Proponent, as shown on an attached map. It is Dobbelsteyn's desire to acquire the portion of fire lane for the purpose of constructing a significant expansion to their existing facility. They are well aware that prior to any expansion to their facility, they must apply for and receive approval for rezoning of these four properties, including the portion of fire lane. However, Dobbelsteyn has no authority to request rezoning of the portion of fire lane unless they own it. Therefore, the request to close and acquire a small portion of the fire lane is their first step for their intended expansion. ANALYSIS City Policy A "fire lane" or "service lane ", in the City of Saint John, is a lane having a width of 15 feet more or less shown on any subdivision plan filed in the Saint John County Registry Office prior to the coming into force of the Community Planning M &C- 2014 -37 -2- April 1, 2014 Act in the early 1960s, the intended use of which is not designated on the plan and the title to which has not been acquired by adjacent owners. There is private legislation which enables the City to acquire title to such lands — see An Act to Amend an Act to Authorize the City of Saint John to discontinue or temporarily close up Public Streets within The City of Saint John when Necessary, S.N.B. 1970, c. 62, s. 4. By resolution dated October 22, 1979, Common Council adopted a policy which addresses the matter of petitions by owners abutting a "Fire Lane ". The policy is, and the practice has been, that the City will only entertain the prospect of acquiring title to such a lane if all abutting owners agree in writing to accept deeds accounting for the entire lane and to pay a deposit covering all associated costs (publication, survey, deed preparation). The process of acquiring title to the lane involves the City publishing a notice of its intention to acquire title to a fire lane in a local newspaper once per week for five (5) consecutive weeks. Once advertisement is completed, two- thirds of the total membership of Council must vote in favour of acquiring title to the lane, in order for title to vest in the City. If title does vest, it vests subject to any existing easements expressly granted to or otherwise acquired by the adjoining lot owners. Subject Portion of Fire Lane The fire lane as shown on the attached map satisfies all of the above noted criteria set out in the policy, which allows the City to seek ownership of the specified fire lane. Dobbelsteyn owns the property located on either side of the relevant portion of fire lane, therefore no other property owners need be approached regarding their interest in acquiring a portion of this lane. It is the policy of the City that the total fire lane must be closed. This policy is in place so that the City is not left owning remnants of the fire lane because adjoining property owners are not willing to acquire their portion. In this instance, it is proposed that only the highlighted portion be closed. Dobbelsteyn owns the lands abutting on either side of the lane. There would remain a continuous fire lane running along the rear of the properties bearing civic numbers 162 -178 Bellevue Street, 245 and 257 Mount Pleasant Avenue East, 170 -172 and 182 Park Avenue and 167 -179 Alma Street East contained in this block of land running from Park Avenue to Bellevue Street. Staff considers this fire lane to continue to serve the residents in this area. Cost to Close Fire Lane As noted earlier in this report, the adjoining land owner(s) are responsible for all costs pertaining to the closure of a fire lane. It is the policy of the City not to require market value for the fire lane or portion thereof to be transferred to an 29 M &C- 2014 -37 April 1, 2014 -3- adjoining owner as the fire lane is only acquired by the City for the purposes of conveying it to a third party. The proponent has agreed to the Terms and Conditions (see attached) to facilitate the closure and conveyance of the specified portion of fire lane to Dobbelsteyn Care Home Ltd., and has submitted a cheque in the amount of $6,200.00 which represents staff's estimate of the cost associated with the City acquiring title to and conveying the fire lane. Once the advertising process is completed, staff will bring a report to Council on May 26, 2014 that will include any comments, questions or concerns raised by neighbouring property owners concerning the fire lane. If Council is in agreement, the following recommendation will facilitate the City acquiring title to the specified portion of fire lane as shown on the attached map. RECOMMENDATIONS That the Common Clerk be authorized to commence the necessary advertisement regarding Common Council's intention to pass a resolution acquiring title to that portion of a Fire Lane depicted on a sketch attached to this M & C No. 2014 -37; and further, that the cost of advertisement be born by Dobbelsteyn Care Home Ltd. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachment CL /c 30 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager O O 2 a. (0 O CL Offer of Purchase and Sale Portion of Fire Lane Situated between Alma Street East and Bellevue Street (if stopped -up and closed) In the event that the portion of the Fire Lane, as shown on the attached sketch titled "Portion of Fire Lane To be Stopped -Up and Closed" located within the City of Saint John, Saint John County, New Brunswick", measuring approximately 5.05 metres (16.57 feet) wide by 33.53 metres (110 feet) and having an area of approximately 169 square metres (1,819 square feet), Is stopped -up and closed, The City of Saint John offers to convey its fee simple interest in the lane, subject to any easements over the same expressly granted or otherwise acquired by adjoining lot owners to Dobbelsteyn Care Home Ltd., for the sum of $1.00 plus HST (if applicable). As part of the transaction, The City of Saint John is responsible for the preparation and insertion of the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a fire lane. Dobbelsteyn Care Home Ltd. is responsible for: 1. The costs associated with the public advertisement notifications that are required to satisfy the procedural regulations, including the translation and legal description costs and any administrative document or any other associated administrative or registration costs that are required to secure their interest in the above mentioned property; and 2. A deposit in the form of a certified cheque equal to Six Thousand Two Hundred Dollars ($6,200.00) must be received by the City of Saint John prior to the commencement of the process to consider the closure of the aforementioned fire lane. In the event the fire lane Is not stopped -up and closed, the deposit minus the cost of advertising, legal description and translation will be returned to Dobbelsteyn Care Home Ltd. This offer is subject to Common Council approval. '4 mot, / duly authorized representative(s) of Dobbelsteyn Care Home Ltd., hereby accept the offer contained herein. Date 32 Mrs. Bette Hatty 77 Spruce Ave. Saint John, NB E2J1V3 March 31, 2014. Dear Mayor and Council, It is my opinion and I've experienced rotaries in England and Oromocto. I think you should put some serious thought into making "rotaries ". The rotary has no lights and it keeps the traffic moving. I don't think it would cost much as there is no building to be built, especially at "Simms Corner". I think you should seriously consider the rotary. Mrs. Bette Hatty 33 REPORT TO COMMON COUNCIL M &C- 2014 -40 April 2, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: FCM Loan Disbursement Police Headquarters BACKGROUND: City of Saint John On March 27, 2014 the New Brunswick Municipal Finance Corporation issued a debenture for the amount of Ten Million Dollars ($10,000,000.00) on behalf of the Federation of Canadian Municipalities related to the Combined Loan and Grant Agreement between the City of Saint John and the Federation of Canadian Municipalities for the construction of the new police headquarters. ANALYSIS: The terms of the issue as they relate to Saint John are as follows: Term: 20 year, serial form $10,000,000.00 Price: $ 100.00 (Principal: $10,000,000.00) Interest Rate: 2.000% (20 year term) Settlement Date: March 27, 2014 The principle amount of Ten Million Dollars ($10,000,000.00) and such terms and conditions as recommended by the New Brunswick Municipal Finance Corporation were approved by Common Council at its meeting held on February 26, 2014. As such the Mayor and Common Clerk have signed the debenture between the City and the New Brunswick Municipal Finance Corporation for Ten Million Dollars ($10,000,000.00) at the terms listed above on March 27, 2014. 34 M &C- 2014 -40 April 2, 2014 RECOMMENDATION mm It is recommended that this report be received and filed. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CGA City Manager 35 President President Claude Dauphin Maire, Arrondissement de Lachine, Ville de Montreal, QC First Vice - President '- Premier vice- president Brad Woodside Mayor, City of Fredericton, Ng t Second Vice- President Deuxl vice- president Raymond Louie Councillor, City of Vancouver, BC Third Vice - President Trcisieme vice - president Clark Somerville Councillor, Regional Municipality of Halton, ON Vice - President at Large Vice - president hors cadre Ben Henderson Councillor, City of Edmonton, AH Chief Executive Officer Chef de la direction Brock Carlton Ottawa, ON 10, rue Rideau Street, Ottawa, Ontario FCMMUNICIPALITIES O MUNI DAIEANDNTFS DES March 27, 2014 His Worship Mayor Mel K. Norton and Members of Council City of Saint John 15 Market Square P.O. Box 1971 Saint John, New Brunswick E2L 1 L4 Project Title: City of Saint John New Construction LEED Gold Police Headquarters Application Number: GMF 90096 Dear Mayor Norton and Members of Council: We would like to inform you that payments were made from FCM to the New Brunswick Municipal Finance Corporation for a loan amount of $10,000,000 and to the City of Saint John for a grant amount of $750,000. These amounts constitute payments for the first and final loan contribution and the first grant contribution in regard to the Green Municipal Fund Combined Loan and Grant Agreement for the project mentioned above. The FCM is grateful to the City of Saint John for its initiative and its partnership with the Green Municipal Fund, Yours sincerely, Brock Carlton Chief Executive Officer Mailing address/ Adresse postale 's BC.vI 24, rue Clarence Street, Ottawa, Ontario KtN SP3 T. 613- 241 -5221 F, 613- 244 -1515 www.fcm.ca SINCE 1801 DEPUIS 1901 Saint john The Power Commission of the City of Saint John 325 Simms Street — PO Box 850 — Saint John — NB - E21L 4C7 April 9, 2014 The City of Saint John Attn: Jonathan Taylor PO Box 1971 Saint John, NB E2L 4L1 Dear Jon, Saint John Energy is requesting the opportunity to meet with Common Council and Senior City staff to deliver a presentation and allow for a question and answer period to follow. The material presented will have legal, financial, commercial and customer sensitivities; therefore a closed meeting session is being requested. Please let us know if such a meeting is possible, and if so, the date when this can be scheduled. Sincerely, Ray Robinson, P. Eng. President & CEO Tel (506) 658 -5252 - Toll 3 r e - 1- 877 - 907 -5550 - fax (546) 658 -0868 -- www.sjenergy.com NEw BRITNTSWICK MUSEUM MUSES Dt T NotA EAu -13Rt TNS WICK April 1, 2014 Mr. Jonathan Taylor Common Clerk City of Saint John Re: Request to Present to City Council Dear Mr. Taylor, On behalf of the New Brunswick Museum (NBM) Board of Directors Chair, John Irving, and NBM Board members, I am writing to request an opportunity for the New Brunswick Museum to meet with City Council on Monday, May 5, 2014. The NBM would like to brief and consult Council members on proposed plans related to the NBM's facilities. Given the nature of the proposed plans, which, in part, involve the exchange of real estate, we request the opportunity to present in a 'closed door session.' Please let me know if you would like more information in support of this request. I can be reached via email Jane. Fullerton @nbm- mnb.ca, or at 506- 640 -2346. 1 hope that it is possible for the NBM to meet with City Council on May 5, 2014. Thank you, k� I L� Jane Fullerton CFO C.C. John K. F. Irving, Chair, New Brunswick Museum Board of Directors 277 Douglas Avenue, Saint John, New Brunswick, Canada E2K I E5 277, avenue Douglas, Saint John (Nouveau - Brunswick) Canada F2K I E5 Tel. (506) 643 2300 Fax (506) 643 2360 Tel. (506) 643 2300 T616copie (546) 643 2360 PROCLAMATION WHEREAS: Every year nearly one thousand Canadian workers are killed by workplace injuries and many more die from occupational disease; and WHEREAS: Thousands more are permanently disabled; and WHEREAS: Concerned Canadians are determined to prevent these tragedies by: • Observing April 28th as a day of mourning to remember these victims of workplace injuries and disease; • Renewing our efforts to seek stronger safety and health protections, better standards and enforcement, and fair and just compensation; and • Rededicating ourselves to improving safety and health in every Canadian workplace. NOW THEREFORE: I, Mayor Met Norton,_ { of Saint John do hereby proclaim that April 28, 2014, a Day of Mourning in Recognition. of Workers Kilted, Injured or Disabled on the Job in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 39 PROCLAMATION WHEREAS: The Government of Canada recognizes the week of May 15th as National Police Week; and WHEREAS: the Saint John. Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS: the Saint John Police Force has grown to be a modern and scientific law enforcement body, which increasingly provides a vital public service; and WHEREAS: everyday, law enforcement officers render dedicated service to their community, often times exposing themselves to substantial risk of death or great bodily harm; and WHEREAS: as concerns about crime rise, the way Canadians think about policing transformed. Integration of the creative thinking of law enforcement administrators and academics with a wide body of policy research findings has yielded the concept of community policing. Unlike programs intended to address specific problems faced by law enforcement, community policing calls an all- encompassing change in the way police perform their duties; and WHEREAS: it is important that all citizens know and understand the problems , duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. NOW THEREFORE: 1, Mayor Met Norton, , _ of Saint John do hereby proclaim the week of May 11th to the 17th, 2014 as Police Week in the City of Saint John. In witness whereof I have set my hand and affixed the official conl ^�' the Mayor of the City of Saint John. .m BY -LAW NUMBER M -16 A BY -LAW TO AMEND A BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: A By -law of the City of Saint John entitled "A By -law Respecting Water and Sewerage ", enacted on the 7th day of June, A.D. 2004, is hereby amended as follows: Section 5(2) is repealed and replaced with the following: "5(2) Where an owner fails to comply with a notice issued by the Commissioner under subsection (1): (a) respecting connection to a water main, such owner shall pay a rate equal to what the water service charge would be had the connection been made, as set out in Schedule "B "; (b) respecting connection to a sewer main, such owner shall pay a rate equal to (a) above multiplied by the percentage set out in Schedule "C "; (c) respecting connection to both a water main and sewer main, such owner shall pay a rate equal to the combination of (a) and (b) above; (d) the provisions set out in paragraphs 5(2)(a) through (c) above shall be retroactive to January l't, 2013." IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the xxx day of xxxx, A.D. 2014 and signed by: Mayor /maire ARRETE No M -16 ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAUX WEAU ET D'EGOUTS Lors d'une reunion du conseil communal, The City of Saint John a decrke ce qui suit: Par les pr&sentes, Farrete de The City of Saint John intitule o Arrete concernant les r&seaux d'eau et d'&gouts », decret& le 7 juin 2004, est modifi& comme suit:: Le paragraphe 5(2) est abroge et remplac& par ce qui suit: 5(2) Lorsqu'un proprietaire ne se conforme pas A l'avis emis par le commissaire en vertu du paragraphe (1) : a) concernant le raccordement a une conduite d'eau principale, le proprietaire doit payer les memes frail de service pour 1'eau que ceux qu'il aurait du payer si le raccordement avait ete effectue, comme &nonce a 1'annexe «B »; b) concernant le raccordement a une conduite d'eau principale, le proprietaire doit payer un taux equivalent a a) ci- dessus multipli& par le pourcentage &tabli a 1'annexe «C »; c) concernant le raccordement a la fois a une conduite d'eau principale et a un &gout collecteur, le proprietaire doit payer un taux equivalent a la combinaison de a) et b) ci- dessus; d) les dispositions enonc&es aux alin&as 5(2)a) a c) ci- dessus, prennent effet retroactivement au I' janvier 2013. » EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret& le xxxxx 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 31, 2014 Premiere lecture - March 31, 2014 Second Reading - March 31, 2014 Deuxi&me lecture - March 31, 2014 Third Reading - Troisi&me lecture - 21 REPORT TO COMMON COUNCIL M &C- 2014 -038 April 8, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: ZoneSJ: Phase 1 of the Formal Adoption Process Housekeeping Amendments to the Municipal Plan BACKGROUND: e City of Saint John On February 24, 2014 Common Council approved referring the draft Zoning By- law (ZoneSJ) for translation in preparation for the formal adoption process to commence this summer. As part of the package of materials that was before Council on this date, the Report on Public Feedback highlighted proposed housekeeping changes to the Municipal Plan (PIanSJ) that are required to ensure clear alignment between the Zoning By -law and the Municipal Plan. This Council report outlines why the proposed amendments to PIanSJ are necessary at this time, what the proposed amendments to PIanSJ are, and where this amendment process fits into the formal adoption process for ZoneSJ. ANALYSIS Why are the proposed amendments to PIanSJ necessary at this time? The New Brunswick Community Planning Act requires that a zoning by -law be in conformity with the Municipal Plan. Given the detailed nature of the zoning by- law review process, inconsistencies between the land use control schedules in the Municipal Plan (Schedule A: City Structure map and Schedule B: Future Land Use map) and the Zoning By -law map (Schedule A: Zoning Map) often become apparent during such a review. As a result, it is not unusual for a suite of housekeeping amendments to the Municipal Plan be proposed as part of the adoption of a new Zoning By -law. M M &C- 2014 -038 -2- April 8, 2014 In the Public Feedback Report on the draft Zoning By -law provided to Council and the community in February 2014 the need for a suite of housekeeping amendments to the land use schedules in PlanSJ was identified. All of the proposed changes are considered minor in nature (housekeeping) but are required to ensure complete alignment between the land use schedules in PlanSJ (Schedule A and Schedule B) and the ZoneSJ zoning map (Schedule A). What are the proposed amendments to Plan SJ? The proposed amendments to PlanSJ are considered housekeeping changes. This means they are not substantive in nature but rather are required to ensure the new zoning by -law map and the two land use control schedules in PlanSJ and the policies in PlanSJ and the zones that bring them to life in ZoneSJ are all aligned. This is required under the Community Planning Act of New Brunswick. In terms of the proposed amendments, most are to the map schedules that support and implement the policies in PlanSJ. In total, there are approximately 100 minor housekeeping changes to the land use maps, described as follows: Maps 1 to 5 detail the recommended amendments to the land use schedules that were primarily driven by the ZoneSJ public consultation period in the fall of 2013. The ZoneSJ team agrees that these amendments are appropriate and are considered housekeeping in nature. Map Excerpts 6 to 13 detail the recommended amendments to the land use schedules that were primarily driven by the Industrial Peer Review report. The ZoneSJ team agrees that these amendments are appropriate and necessary to improve regulation for existing and future industrial investment. Map Excerpts 14 to 104 detail recommended amendments to the land use schedules that have been primarily driven by the ZoneSJ team in Community Planning as part of the detailed review during the development of the final draft Zoning By -law. The review identified opportunities to ensure complete alignment between the land use schedules and the proposed draft zoning by -law map, and to correct any obvious extensions of designations that were unintentional. These recommended amendments have been organized by the following general themes. 1. Urban Reserve: These maps identify opportunities to permit infill around intensification areas and facilitate investment by lifting the Urban Reserve designation. Smaller parcels that were initially captured with this designation have also been proposed to be lifted. In almost all cases the underlying zone remains Future Development (FD) to ensure Council can consider the merits of a development proposal and attach any appropriate conditions to an approval at the time of an application. M M &C- 2014 -038 -3- April 8, 2014 2. Designation Oversights: These maps are recommendations to rectify minor oversights and apply the correct designation to the land uses that are in existence, or where there were extensions of inappropriate land use designations that should be adjusted. These proposed housekeeping amendments will provide clarity around land use designation boundaries. To facilitate a clear and transparent process to amend Schedule A and Schedule B of PlanSJ in order to capture these proposed housekeeping amendments, these schedules are being rescinded and re- issued as new schedules, included in Appendix B of this Report. These new schedules include all of the proposed 104 amendments, detailed in Appendix C. In addition to these mapping amendments, there are also eleven proposed policy and preamble amendments to the industrial section in PlanSJ. These proposed amendments are recommendations from the Industrial Peer Review Report that was completed as part of the ZoneSJ review period. These amendments integrate best - practices in industrial land use regulation, providing better clarity around industrial policy and ensuring clear alignment between the Plan and the Zoning By -law going forward. These proposed amendments are detailed in Appendix A of this report. Where does this amendment process fit into the formal adoption process for ZoneSJ? The draft Zoning By -law is currently being translated as the City must have an English and French version of the by -law in order for it to be formally adopted. The French version of the By -law is expected to be provided to the City by early June. Staff will then insert the graphics and images to create an identical French and English Zoning By -law. By June 11, 2014, the 30 -day Public Presentation Period that is required by the Community Planning Act for the proposed PlanSJ amendments will be over. Following this, the French and English versions of the draft Zoning By -law are expected to be ready to advance to the formal adoption stage by the end of June. Should this proposed timeline be achieved, staff will then recommend to Council that both the draft PlanSJ Amendments and the draft Zoning By -law be referred as a package to the Planning Advisory Committee for their review and recommendation. If all goes according to this schedule, staff anticipate that this referral to the Planning Advisory Committee would take place for the Committee's regularly scheduled August 2014* meeting agenda and the formal Public Hearing before Council for both the PlanSJ Amendments and the draft Zoning By -law be held in September 2014 *. *Please note that these are estimated dates at this stage of the process and may change as this process proceeds forward. i, M &C -2014 -038 -4- April 8, 2014 RECOMMENDATIONS It is recommended that Common. Council authorize the initiation of a Municipal Plan amendment process to implement housekeeping changes to support the implementation of the proposed Zoning By -law: 1. Update the policy framework for industrial land uses to integrate best - practices in industrial land use management with the language in Appendix A of this report. 2. Update Schedule A: City Structure and Schedule B: Future Land Use maps included in Appendix B of this report, to include all housekeeping amendments identified in Appendix C of this report. Respectfully submitted, Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner, Community Planning & Enrichment Services Hamilton, MURP, MCIP, RPP finer, Growth & Community Development Services J. Patrick Woods, CGA City Manager SF 45 Appendix A: Proposed industrial policy amendments M. FINAL Recommended Plan Policy Changes April 8, 2014 DELETE the Existing Industrial Preamble: Industrial Areas The City's economy is founded on its industrial and manufacturing operations, and the community is poised to continue its strong growth in sectors related to these activities. The City recognizes that while these industrial and manufacturing operations are critical to our economic growth, industrial land uses can significantly affect the quality of life in adjacent neighbourhoods and they must be carefully located to maximize their benefit to the community. As a result, lands appropriate for industrial development should be retained for future industrial use. In order to address this, the Municipal Plan establishes two industrial designations to steer industrial uses to their most appropriate location: the Light Industrial designation and the Heavy Industrial designation. The City also plays an important role in supplying the land required to accommodate industrial growth through its ownership of Saint John Industrial Parks Limited (SJIPL). SJIPL will help to ensure that an appropriate supply of land is available in the Light Industrial and Heavy Industrial designations within carefully planned industrial parks to fuel the community's future growth. REPLACE with the Proposed Industrial Preamble: Industrial Areas The City's economy is founded on its industrial and manufacturing operations, and the community is poised to continue its strong growth in sectors related to these activities. The City recognizes that while these industrial and manufacturing operations are critical to our economic growth, industrial land uses can significantly affect the quality of life in adjacent neighbourhoods and they must be carefully located to maximize their benefit to the community. As a result, lands appropriate for industrial development should be retained for future industrial use. In order to address this, the Municipal Plan establishes two industrial designations to steer industrial uses to their most appropriate location: the Light Industrial designation and the Heavy Industrial designation. The City also plays an important role in supplying the land required to accommodate industrial growth through its ownership of Saint John Industrial Parks Limited (SJIPL). SJIPL will help to ensure that an appropriate supply of land is available in the Light Industrial and Heavy Industrial designations within carefully planned industrial parks to fuel the community's future growth. New major heavy industrial land uses are generally not appropriate inside of the Primary Development Area. Many large- scale, heavy industrial facilities, such as the existing Canaport LNG terminal, the Coleson Cove Electrical Generating Station, and the solid waste management facility at Crane Mountain, are best suited to their isolated locations outside of the Primary Development Area and may or may not be serviced with municipal servicing. As such, it is anticipated that future proposals for any new major heavy industrial investment will require the re- designation of rural lands to accommodate them. Residential land uses are inappropriate in the Heavy Industrial designation given the extensive industrial nature of the land use and as such, these uses shall not be permitted under any circumstance. 1IPage ON FINAL Recommended Plan Policy Changes April 8, 2014 DELETE the Existing Policy: LU -8 Not permit development serviced with municipal water and wastewater services beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require an amendment to the Future Land Use map (Schedule B). REPLACE with the Proposed Policy: LU -8 Not permit development serviced with municipal water and wastewater services beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require an amendment to the Future Land Use map (Schedule B). Large - scale, heavy industrial development is excluded from compliance with this policy. Should a large scale heavy industrial proposal require the extension of municipal services outside of the PDA to service their development, Council shall not extend the PDA to include the development as it is not appropriate to permit urban land uses to encroach upon heavy industrial land uses. However, any extension of water and wastewater services beyond the PDA to accommodate large -scale heavy industrial development shall be undertaken on a cost recovery basis. DELETE the Existing Policy: LU -9 Consider amending the boundaries of the Primary Development Area boundary when: a. A comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation Chapter of the Municipal Plan. b. Notwithstanding (a) above, an amendment to the Future Land Use map (Schedule B) may be considered outside of the comprehensive review period as a result of an application to accommodate an unanticipated large -scale industrial development. In such cases, the PDA should not be expanded unless the industrial development is consistent with Policy LU -75 of the Municipal Plan. REPLACE with the Proposed Policy: LU -9 Consider amending the boundaries of the Primary Development Area boundary when a comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation Chapter of the Municipal Plan. 21 Page i; FINAL Recommended Plan Policy Changes April 8, 2014 DELETE the Existing Policy: LU -75 Recognize that the community's significant industrial base gives rise to the potential for unanticipated large -scale industrial developments that cannot be accommodated by the lands currently designated Industrial in the Municipal Plan. Council may consider applications to re- designate additional lands to Light or Heavy Industrial or Rural Industrial on the Future Land Use map (Schedule B) and shall consider the following in evaluating such proposals: a. Adequate lands designated for Industrial development are not available or there is a demonstrated need for the proposed industry to be sited in a particular location; b. Appropriate studies are conducted by the applicant to satisfy Council that the proposed lands are locate an appropriate distance away from incompatible land uses or it is demonstrated that appropriate mitigative measures can be implemented to address any community and /or environmental impacts associated with the development; c. Due consideration is given to site suitability including such considerations as transportation needs, necessary municipal servicing, landscaping and buffering; and d. There are clearly demonstrated social and economic benefits to the proposal. REPLACE with the Proposed Policy: LU -75 Recognize that the community's significant industrial base gives rise to the potential for new unanticipated large -scale industrial developments that cannot be accommodated by the lands currently designated Industrial in the Municipal Plan, and because of the heavy industrial nature of the land uses, they are best suited to large, independent sites outside of the Primary Development Area. Council may consider applications to re- designate additional lands to Heavy Industrial on the Future Land Use map (Schedule B) outside of the Primary Development Area and shall consider the following in evaluating such proposals: a. Adequate lands designated for Industrial development are not available or there is a demonstrated need for the proposed industry to be sited in a particular location; b. Appropriate studies are conducted by the applicant to satisfy Council that the proposed lands are located an appropriate distance away from incompatible land uses or it is demonstrated that appropriate mitigative measures can be implemented to address any community, safety, and /or environmental impacts associated with the development; c. Due consideration is given to site suitability including such considerations as transportation needs, necessary municipal servicing, landscaping and buffering; and d. There are clearly demonstrated social and economic benefits to the proposal. 31 Page r,. FINAL Recommended Plan Policy Changes April 8, 2014 DELETE the Existing Policy: LU -76 Create the Heavy Industrial land use designation on the Future Land Use map (Schedule B). The Heavy Industrial designation is intended to accommodate industrial operations which may or may not generate noise, heavy truck traffic, smoke, dust, hear particulate matter, or highly visible outdoor storage, which extends beyond the property line. All of the uses permitted in the Light Industrial designation are intended to be permitted in the Heavy Industrial designation, except as specifically excluded in the Zoning Bylaw. Uses in the Heavy Industrial designation will generally utilize the City's water and wastewater systems. REPLACE with the Proposed Policy: LU -76 Create the Heavy Industrial land use designation on the Future Land Use map (Schedule B). The Heavy Industrial designation is intended to accommodate industrial operations which may have a significant detrimental effect on the safety, use, amenity, or enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or dangerous goods. Uses in the Heavy Industrial designation may utilize the City's water and wastewater systems. DELETE the Existing Policy: LU -77 Require that Heavy Industrial uses which emit pollution be required to provide appropriate separation distances and /or buffers from incompatible uses, as provided for in the Zoning By- law or as specifically required by Council. REPLACE with the Proposed Policy: LU -77 Where there are Heavy Industrial land uses which emit pollution or present possible safety risks Common Council consider the use of the best practice guideline of 1.5 km as an appropriate separation distances and /or buffer from incompatible land uses. Within the 1.5 km buffer, Common Council should consider not increasing the density of existing incompatible land uses adjacent to existing heavy industrial facilities when they are proposed. This will ensure that further intensification of incompatible land uses does not occur around these facilities in the future. DELETE the Existing Policy: LU -78 Establish provisions in the Zoning By -law to require that appropriate hazard and risk assessment studies be prepared prior to permitting certain intensive Heavy Industrial uses in the City. REPLACE with the Proposed Policy: LU -78 Risk assessment and mitigation is an integral component of a Heavy Industrial land use planning approval process for a community. Where a new Heavy Industrial facility is proposed and /or where an Environmental Impact Assessment or Environmental Assessment has been triggered as part of an investment into an existing or proposed heavy industrial facility, the City shall require, through a condition of rezoning or through request of the provincial or federal approval process, that an applicant submit technical reports that are in conformity with the City of Saint John Risk Assessment and Emergency Response Guidelines, when these guidelines have been adopted by Common Council. 41 Page 50 FINAL Recommended Plan Policy Changes April 8, 2014 DELETE the Existing Policy: LU -80 Notwithstanding policy LU -75, recognize there are a number of existing capital- intensive heavy industrial facilities in the City that are not located in Industrial parks. Council may consider the re- designation of lands that are contiguous with these existing uses to Heavy Industrial without an amendment to the Municipal Plan, provided that the proposed use is generally compatible with the surrounding land uses, appropriate mitigative measures are provided, transportation needs can be accommodated, and municipal servicing is adequate to service the proposed expansion. REPLACE with the Proposed Policy: LU -80 Notwithstanding policy LU -75, recognize there are a number of existing capital- intensive heavy industrial facilities in the City that are not located in Industrial parks. Council may consider the re- zoning of lands that are contiguous with these existing uses to Heavy Industrial without an amendment to the Municipal Plan, provided the proposed use is generally compatible with the surrounding land uses, appropriate mitigative measures are provided, transportation needs can be accommodated, and municipal servicing is adequate to service the proposed expansion. DELETE the Existing Policy: LU -118 Recognize that the Saint John Airport Authority owns a significant land base to support the operation of the Airport. The City supports the use of these lands for purposes that are related to general air transportation, where compatible with adjacent City watershed lands. REPLACE with the Proposed Policy: LU -118 Recognize that the Saint John Airport Authority leases a significant land base to support the operation of the Airport. The City supports the use of these lands for purposes that are related to general air transportation, where compatible with adjacent City watershed lands. Off -site impacts from the nature of airport operations can have a significant impact on both the quality of life for residents within close proximity of this facility and the ability of the airport to make necessary investments in its operation. Common Council should consider off -site impacts from new land uses when an application to re- designate or re -zone land that is within the noise contour overlays and height restrictions of the airport operation is made. ADD this New Policy: LU -81 Within existing Industrial Parks located inside of the Primary Development Area that are designated Heavy Industrial, generally permit only light industrial and medium industrial zoned land uses. Where an applicant can satisfy the requirements of the City of Saint John Risk Assessment and Emergency Response Guidelines for the siting of a Heavy Industrial land use inside the Primary Development Area, such a use may be considered by Common Council as part of a rezoning application. 51 Page 51 FINAL Recommended Plan Policy Changes April 8, 2014 Section 3.7: Rural Industrial Policies • Eliminate policies LU -108 through LU -109 (policies and preamble) • Under Policy LU -120, add a line referring the reader back to the Industrial policies as industrial land uses are both inside and outside of the PDA. Other Notes: Re- number existing LU -81 through LU -130 as LU -82 through LU -131 61 Page 52 Modifications finales au PlanSJ pour traduction Le 8 avril 2014 Preambule — Secteur d'industries lourdes Secteurs industriels L'economie de Saint John est fondee sur ses activites industrielles et de fabrication, et la collectivite est bien placee pour continuer sa vigoureuse croissance clans les secteurs lies a ces activites. La Ville reconnait que, bien que ces activites industrielles et de fabrication soient vitales pour notre croissance economique, les utilisations industrielles des terrains peuvent amoindrir considerablement la qualite de vie clans les quartiers adjacents, et leur emplacement doit etre choisi avec soin pour que la collectivite en tire les meilleurs avantages. En consequence, les terrains qui conviennent au developpement industriel devraient etre gardes en reserve pour des utilisations industrielles futures. Pour repondre a ces besoins, le plan municipal etablit deux designations industrielles pour diriger les utilisations industrielles vers les endroits les plus appropries, ayant respectivement la designation de secteur d'industries legeres et de secteur d'industries lourdes. La Ville joue egalement un role important en fournissant les terrains requis pour accueillir la croissance industrielle en tant que proprietaire de Saint John Industrial Parks Limited, qui contribuera a assurer qu'une quantite de terrains appropriee est accessible aux endroits designes comme secteurs d'industries legeres et secteurs d'industries lourdes, clans des pares industriels soigneusement amenages pour alimenter la croissance future de la collectivite. De nouvelles utilisations des sols de la categorie industrie lourde ne conviennent generalement pas a I'interieur du principal secteur de developpement. Des emplacements isoles A 1'exterieur du principal secteur de developpement, viabilises ou non, se pretent mieux A beaucoup d'etablissements d'industrie lourde A grande echelle, tels que le terminal de Canaport LNG, la centrale electrique de Coleson Cove et ('installation de gestion des dechets solides de la montagne Crane. Ainsi, it est prevu que les propositions futures visant de nouveaux investissements importants A I'egard d'etablissements d'industrie lourde necessiteront la redesignation des terrains ruraux qui les accueilleront. L'utilisation A des fins residentielles de terrains clans le secteur d'industries lourdes est inappropriee, en raison de I'intensite de I'activite industrielle exercee sur ces terrains, et ne sera permise en aucun cas. LU -8 Ne pas permettre d'amenagements desservis par les reseaux municipaux d'alimentation en eau et d'evacuation des eaux usees au -de1A des Iimites du principal secteur de developpement sans avoir d'abord change les Iimites du principal secteur de developpement, ce qui necessite une modification de la carte d'utilisation future des cols (annexe B). Les amenagements d'industrie lourde A grande echelle ne sont pas subordonnes A la presente politique. Si une entreprise d'industrie lourde A grande echelle qui est proposee devait, pour assurer sa viabilisation, necessiter le prolongement des services municipaux A 1'exterieur du principal secteur de developpement, le conseil n'etendra pas le principal secteur de developpement de fagon A ce qu'il englobe I'amenagement, puisqu'il ne convient pas de permettre A des utilisations urbaines des sols d'empieter sur des utilisations de terrains A des fins d'industrie lourde. Cependant, le prolongement, s'il en est, des services d'alimentation en eau et d'evacuation des eaux usees au- 1IPage 53 Modifications finales au PlanSJ pour traduction Le 8 avril 2014 dela du principal secteur de developpement pour accueillir des amenagements d'industrie lourde a grande echelle seront entrepris selon le principe du recouvrement des couts. LU -9 Envisager la modification des limiter du principal secteur de developpement lorsqu'une revision complete du plan municipal a ete effectuee, ainsi qu'il est expose au chapitre du plan municipal sur la mise en oeuvre. LU -75 Reconnaitre que la base industrielle considerable de la region fait naitre la possibilite de nouveaux amenagements industriels imprevus de forte taille qui ne peuvent pas etre realises sur les terrains actuellement designes comme industriels clans le plan municipal, et en raison de la nature des utilisations des sols, soit d'industrie lourde, elles conviennent mieux sur de grands terrains independants a 1'exterieur du principal secteur de developpement. Le conseil peut 6tudier des demandes de redesignation de terrains additionnels a titre de secteurs d'industries lourdes sur la carte d'utilisation future des cols (annexe B) a 1'exterieur du principal secteur de developpement et doit considerer les facteurs suivants clans son evaluation de telles propositions : a. les terrains designes pour les amenagements industriels sont insuffisants, ou it existe un besoin manifeste pour l'industrie projetee d'etre situee a un endroit particulier; b. des etudes appropriees sont effectuees par I'auteur de la demande pour convaincre le conseil que les terrains vises se trouvent a une distance appropnee d'utilisations incompatibles des sols, ou it est demontre que des mesures d'attenuation appropriees peuvent etre appliquees pour reduire toute incidence de I'amenagement sur la collectivite, la securite ou 1'environnement; c. it a ete bien tenu compte de la convenance de 1'endroit, y compris des aspects tels que les besoins en transport, la viabilisation municipale necessaire, I'amenagement paysager et les zones tampons; d. les avantages sociaux et economiques de la proposition sont clairement demontres. LU -76 Etablir la designation d'utilisation des cols de secteur d'industries lourdes sur la carte d'utilisation future des cols (annexe B). Cette designation vise a repondre aux besoins des activites industrielles dont les effets peuvent nuire de fa�on importante a la securite, a ('utilisation, a I'agrement ou a la jouissance des emplacements adjacents ou voisins en raison de leur apparence, de 1'emission de bruit, d'odeurs ou de contaminants, des risques d'incendie ou d'explosion ou de la presence de marchandises dangereuses. Les utilisations clans le secteur d'industries lourdes peuvent etre desservies par les reseaux municipaux d'alimentation en eau et d'evacuation des eaux usees. LU -77 Lorsque des utilisations clans le secteur d'industries lourdes causent de la pollution ou peuvent presenter des risques pour la securite, le conseil pourrait envisager la possibilite d'adopter la pratique exemplaire consistant a maintenir une distance de separation ou a amenager une zone tampon de 1,5 km a partir des utilisations des sols incompatibles. A 1'interieur de la zone- 21 Page 54 Modifications finales au PlanSJ pour traduction Le 8 avril 2014 tampon de 1,5 km, le conseil devrait envisager de ne pas augmenter la densite des utilisations incompatibles des sols existantes qui sont adjacentes aux etablissements existants d'industrie lourde, lorsque de telles augmentations sont proposees, afin d'assurer qu'aucune autre intensification des utilisations incompatibles des sols ne se produira aux environs de ces etablissements a I'avenir. LU -78 L'evaluation des risques et les mesures d'attenuation constituent, pour une collectivite, une partie integrante d'une procedure d'approbation d'utilisations des sols a des fins d'industrie lourde. Dans les cas ou I'amenagement d'un nouvel etablissement d'industrie lourde est propose, ou lorsqu'une etude d'impact sur 1'environnement ou une evaluation environnementale doit etre effectuee clans le cadre d'un investissement fait clans un etablissement existant ou propose d'industrie lourde, la Ville exigera, par voie de condition imposee au rezonage ou par demande faite au cours de la procedure d'approbation provinciale ou federale, que I'auteur de la demande presente des rapports techniques conformer aux lignes directrices de The City of Saint John sur I'evaluation des risques et ('intervention en cas d'urgence, si de telles lignes directrices ont ete adoptees par le conseil. LU -80 Malgre la politique LU -75, reconnaitre que bon nombre d'etablissements d'industries lourdes hautement capital istiques, deja etablis clans la municipalite, ne se trouvent pas clans des pares industriels. Le conseil peut envisages le rezonage comme secteur d'industries lourdes des terrains adjacents a ces utilisations actuelles sans modification du plan municipal, pourvu que ('utilisation projetee soit generalement compatible avec les utilisations des sols environnants, que des mesures appropriees d'attenuation soient prevues, que les besoins de transport puissent etre satisfaits et que la viabilisation municipale soit suffisante pour repondre aux besoins de 1'expansion proposee. LU -118 Reconnaitre que I'autorite aeroportuaire de Saint John est preneuse a bail d'une etendue de terrains considerable pour soutenir le fonctionnement de I'aeroport. La Ville appuie ('utilisation de ces terrains a des fins qui se rapportent au transport aerien en general, lorsqu'elle est compatible avec celle des terrains riverains adjacents de la municipalite. Les effets hors site produits par les activites de I'aeroport peuvent avoir une incidence importante tant sur la qualite de vie des residents des environs immediats de cet etablissement que sur la capacite de I'aeroport de faire les investissements qui s'imposent clans ses activites. Le conseil devrait tenir compte des effets hors site des nouvelles utilisations des cols clans son etude des demandes de redesignation ou de rezonage des terrains qui se trouvent a l'interieur des calques de courbes de niveau de bruit et quand des restrictions en matiere de hauteur afferentes a 1'exploitation de I'aeroport sont imposees LU -81 A I'interieur des pares industriels existants designes industries lourdes situes clans le principal secteur de developpement, ne permettre en general que des utilisations des sols afferentes au zonage d'industrie Iegere et mi- lourde. Lorsque I'auteur dune demande peut satisfaire les exigences des lignes directrices de The City of Saint John sur I'evaluation des risques et ('intervention en cas d'urgence applicables a 1'emplacement d'une utilisation d'industrie lourde 31 Page 55 Modifications finales au PlanSJ pour traduction Le 8 avril 2014 a I'interieur du principal secteur de developpement, le conseil peut envisager une telle utilisation clans une demande de rezonage. 41 Page 56 Appendix B: Proposed Schedule A: City Structure & Schedule B: Future Land Use Maps 57 R a r' ' °3 F �4 .a A 4 I Municipal Plan, as well another statutory Schedules, secondary plans adopted by Common Council and other federal, provincial or municipal policies that apply. r\I10meTeis --• Primary Development Area (PDA) Intensification Areas s4a Primary Centre Local Centre EM Mixed Use Centre Urban Neighbourhood Suburban Neighbourhood Employment Areas Primary Centre Regional Retail Centre Employment Area Corridors aaoeCharacter Primary Commercial Other Areas Stable Area Urban Reserve Rural Areas Rural Resource Area Rural Settlement Area Common Areas to the PDA & Rural Areas Parts and Natural Area 0 Federal Transportation Intensification Areas (By Name): A. Monte Cristo 1 Gault Road K. Crescent Valley B. Falrville Centre L. Somerset C. Main Street Weet M. Mlllidgevllls Centro D. Lower West Side N. University Avenue E. Uptown Q UNBSJ Plateau F. South End P. McAllister Centre G. Prince Edward Square Q. Forest Hills I Lakewood H. Waterloo Village R. Treadwell Lake 1. Lansdowne Place S. Martlnon to Ketepec J. Old North End T. Lomeville F I fi 1 S v r:a , �h ,,o1 r ir f i t '�, � ,gyp ♦''� t ap Ir � - v E r ... .�•�_ k I2 i� f8 i.•R.'•V : rF•1� +stir -iii yli+ll o-' " °` --• Prinicipal secteur de d6veloppement (PSD) Secteurs de densification I� Centre principal 1W Centre local Centre A utilisations mixtes yam, y r QUflrtie[ Ult7aln Quartier suburbain Secteurs d'empioi Centre principal Centre regional de commerce de detail Secteur d'emploi Corrldors Alt �� 00a00istinclif yy Principal Commercial Autres s ecteurs Secteur stable R6serve urbaine Secteurs ru raux ! Secteur de ressources rurale a *' ►. ,� 7 �' Secteur de peuplement rural Secteurs commune au PSD et aux secteum v ruraux Parc et afire naturelle � 'Y � T rlati fisd� I or EBAUCHE Remarque . Los symboles et limiter figurant sur la pr6sente carte sont appreximatifs at repr6seMerrt iss concepts at polftiques g6n6raux du Plan municipal. Lo pr6sente annexe dolt se lire concomitamment evoc Is texts du plan municipal, I alnsl qu'avec les autres annexes r6glementairso, Jos plans secondaires adopt6s per is conseil communal at Jos sutras politiques f6d6rales, provinciales ou municipales applicables. r� 41 t D 1 2 3 4 5 Kilometres ranspo on ra Secteurs de desification (par nom): A. quartler Monte Cristo - K. quartiar Crescent Valley chemin Gault L Somerset a. centre Fairvllie M. centre Millidgeville C. rue Main ouest N. avenue University D. anclen quartler oueat o. plateau de rUNBSJ E. centre -Alle P. centre McAllister F. quartier sud 4 quartler Forest Hills - G. place Prince Edward Lakewood H. quartler Waterloo Village R lac Treadwell 1. centre Lansdowne S. Martinon It Ketepec J. vieux quartler nord T. Lomeviee D 1 2 3 4 5 Kilometres ,1 lt74 "A f � r- - e 4 CIO a\ f -. � �,f -,•�� 'f�. �• ,tea'+► .t" FE . �i 4• � R�� � .e��t 1 ,f DRAFT Note., The symbols and boundaries shown on this map are approximate only and represent the general concepts and policies of this Plan. This Schedule should be read In conjunctlon with the text of the Municipal Plan, as well as other statutory Schedules, secondary plans adopted i by Common Council and other federal, provincial or municipal policies that apply. U 1 2 3 4 5 Kilometers /�W -• -•• Primary Development Area (PDA) Intensification Areas Low Density Residential its Low to Medium Density Residential Medium to High Density Residential Primary Centre I♦ Local Centre Mixed Use Centre Employment Areas Regional Retail Centre I� Business Centre Stable Commercial Heavy Industrial Light industrial Corridors = Commercial Rural Areas Rural Settlement Rural Resource Rural Residential Other Areas n Federal "transportation _ Major Community Facility Park and Natural Areas Stable Residential Urban Reserve l� 4 /. •.5i if ,1 lt74 "A f � r- - e 4 CIO a\ f -. � �,f -,•�� 'f�. �• ,tea'+► .t" FE . �i 4• � R�� � .e��t 1 ,f DRAFT Note., The symbols and boundaries shown on this map are approximate only and represent the general concepts and policies of this Plan. This Schedule should be read In conjunctlon with the text of the Municipal Plan, as well as other statutory Schedules, secondary plans adopted i by Common Council and other federal, provincial or municipal policies that apply. U 1 2 3 4 5 Kilometers /�W -• -•• Primary Development Area (PDA) Intensification Areas Low Density Residential its Low to Medium Density Residential Medium to High Density Residential Primary Centre I♦ Local Centre Mixed Use Centre Employment Areas Regional Retail Centre I� Business Centre Stable Commercial Heavy Industrial Light industrial Corridors = Commercial Rural Areas Rural Settlement Rural Resource Rural Residential Other Areas n Federal "transportation _ Major Community Facility Park and Natural Areas Stable Residential Urban Reserve - - ° - Prinicipal secteur de d6veloppement (PSD) P Secteurs de densification R6sidentiel A faible densit6 R6sidentiel 6 densit6 bible ou moyenne TV Qom• R6sidentiel a densit6 moyenne ou forte _ ! c: 4 •, Centre principal :� # ice. >' °1s j I °`' "•. Centre local Centre A ublisations mixtes Secteurs d'emploi ^ri -- Centre r6gional de commerce de d6tail {� Centre d`affaires Commercial stable Industries lourdes ✓. MV i, f Industries 16g6res Con1dors M Commercial - 5 W Secteurs ruraux G + f _� Peuplement rural Ressources rurales 6sldentlel rural s P A t ttf Autres secteum Transport f6d6ral M �tablissement communautair'e majeur * _ Lr �•' p Parc et sire naturelle "• ,,r '� Residenflel stable t r. R6serve urbaine 4, EBAUCHE Plan municipal Annexe B _ its � �' �' •1 /. �t Remarque : Les symboles et limitas ttgurant sur la prisente carts sont approximadrs et reprdsentent Jos concepts et politiques g6n6raux du Plan municipal La prisents annexe dolt as lire concomitammerrt avec le texte du plan municipal, a `L 3 4 5 alnsi qu'avec lea autres annexes riglementaires, Jos plans secondaim$ adopt" par � Kilom� ties � • � d Is conseil communal st les autres politiques f6d6rales, future Il provinclales ou municipales applicables. I ' S 1 1200 King William Road #1 Legend Subject Property (ies) ;* - Primary Development Area ID(s): 55213276 Existing Plan Designation: Rural Resource and Heavy Industrial Draft Plan Designation: Heavy Industrial Date: February 7, 2014 62 0 375 750 1,500 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN P��-?/zsI Bay Shore Area Draft Plan Designation 4 Stab Ye a�oq Residential Stable . Residential r.dii =.friHI � rqr! kirG)F��il�_I' -1 I Legend 0 75 150 300 Subject Property (ies) i i r r t i Meters PID(s): 55110019 and 55109847 Existing Plan Designation: Heavy Industrial, Stable Residential and Pa rk and N atu ra I Area g! Map created by the City of Saint John Carta produtte par The City of Saint Jahn Draft Plan Designation: Heavy Industrial and Park and Natural Area 02014 The City of Saint John SAINT JOHN Date: February 7, 2014 63 f-, 730 Bayaide Drive 1 Legend Subject Property (ies) Primary Development Area PID(s): Various PIDs Existing Plan Designation: Rural Resource Draft Plan Designation: Heavy Industrial Date: February 7, 2014 N 0 200 400 800 1 1 1 1 1 1 1 Meters Map created by the City of Saint John Carte produite par The City or Saint John ® 2014 The City of Saint John SAINT JOHN Aaws'l, Loch Lomond Road #4 Legend Subject Property (ies) PID(s): portion of 55206197 Existing Plan Designation: Rural Resource Draft Plan Designation: Rural Resource and Rural Residential Date: February 7, 2014 65 0 250 500 1,000 I 1 1 I 1 t t I Meters Map created by the City of Saint Jahn Carte prDduite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I P&-ns'l Fieldstone Estates -715---] Legend 0 100 200 400 Subject Property (ies) i x Primary Development Area Meters PID(s): 55168892 Existing Plan Designation: Rural Resource Map created by the qty or Saint John Carte ®2014 The City he City John5aint Joh Draft Plan Designation: Stable Residential loxx Date: February 7, 2014 .. 2240 Red Head Road (Canaport) #6 i Legend Subject Property (ies) PID(s): Various PIN Existing Plan Designation: Rural Resource and Rural Industrial Area Draft Plan Designation: Heavy Industrial Date: February 7, 2014 67 0 375 750 1,500 l i i l l l l l Meters Map created by the City of Saint John Carte pradulte par The City of Saint Join ® 2014 The City of Saint John SAINT JOHN Coleson Cove Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Rural Resource, Park and Natural Area and Rural Industrial Area Draft Plan Designation: Heavy Industrial Date: February 7, 2014 .: 0 500 1,000 2,000 Meters Map created by the City of Saint John M. Carte produite per The City of Saint John tf ' ® 2014 The City of Saint Jahn SAINT JOHN sisouth end of Spruce Lake Industrial Park Legend Subject Property (ies) PID(s): Portions of 00412189 and 55218754 Existing Plan Designation: Rural Industrial Area Draft Plan Designation: Heavy Industrial Date: February 7, 2014 .• 0 500 1,000 2,000 1 t 1 1 1 1 1 1 1 Meters ' Map created by the City of Saint John Carte produtte per The City of Saint John ® 21714 The City of Saint John SMNT JOHN I 4 Paddy's Hill -m 9 jl Legend Subject Property (ies) PiD(s): Various PIDs Existing Plan Designation: Rural Industrial Area Draft Plan Designation: Heavy Industrial Date: February 7, 2014 70 0 500 1,000 2,000 Meters Map Created by the City of Saint John 1 Csrle produb par The City of Saint Jahn �yy ® 2014 The City of Saint John SAINT JOHN I PG zw S " Crane Mountain #10 I Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Rural Industrial Area Draft Plan Designation: Heavy Industrial Date: February 7, 2014 71 0 500 1,000 2,000 r r t 1 r r r Meters 'k Map created by the City of Saint John Carte produite per The City of Saint John -2 2014 The City of Saint John SAINT JOHN P�-,W * Sl 33 Bridge Road (Simms Corner) Legend Subject Property (ies) PID(s): 00035741, 55119424, 55119432, 00033621, 00035170 and 00034082 Existing Plan Designation: Light Industrial Draft Plan Designation: Hearty Industrial Date: February 7, 2014 72 0 50 100 200 Meters Map created by the City of Saint John Carte produiie par The City of Saint Jahn Q2014 The City of Saint John SAINT JOHN &1 230 -280 Bayside Drive 1555 Cvurtenay Bay Causeway Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Light Industrial Proposed Plan Designation: Heavy Industrial 5; February 7, 2014 73 0 200 400 800 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I/� 4180 Loch Lomond Road (Saint John Airport) 1 Legend Subject Property (ies) PI D(s): 00354415 Existing Plan Designation: Federal Transportation Draft Plan Designation: Federal Transportation (showing runway) Date: February 7, 2014 74 0 625 1,250 2,500 !1 i t 1 1 1 1 1 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 21714 The City of Saint John SAINT JOHN & -n Commerce Drive 1 Loch Lomond Road ft 14 ®• ,'''' r► . j MOM L-42EW=T! Nr 60. vow bbm . 1 .- !•� / � is Legend Subject Property (ies) P!D(s): Various PIDs 0 125 250 500 Meters Existing Plan Designation: Urban Reserve �' Map created by the he it Saint John Carte protlulte par The City of Saint Jahn Draft Plan Designation: Stable Residential and Regional Retail Centre 1w ®2014 The City of Saint John SAINT JOHN Date: February 7, 2014 75 t 'P���ii Y d j m? T, � m off Somerset Street # 16 1 ` F�al��a Rural re` `(Re d6ffil Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2414 77 0 375 750 1,500 1 1 1 1 1 1 1 1 1 Meters Map created by the City of Saint John Carle produite parThe City of Saint John 0 2014 The City of Saird John SAINT JOHN r 1559 -1595 Hickey Road Legend Subject Property (ies) PID(s): 55058630, 00335711 and 00436600 Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 0 75 150 300 1L 1 1 1 1 1 1 } Meters Map created by the City of Saint John Carte produrte par The City or Saint John k ® 2014 The City of Saint John SAINT JOHN ejD/"" off Grandview Avenue # 1 Legend Subject Property (ies) PID(s): 00340497, 00337352 and a portion of 55021695 Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 79 0 75 150 300 1 1 1 1 1 1 1 r I Meters Map created by the City of Saint John Carte produite parThe City of Saint John C> ® 2014 The City of Saint John SAINT IOHN 1123 Grandview Avenue and 29 Boylan Road it 19 Legend Subject Property (ies) PID(s): 00336180 and 00340364 Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 :1 0 100 200 400 11 1 1 1 t 1 I Meters Map created by the City of Saint John .. Carte produfte par The City of Saint John ® 2014 The City of Saint Jahn SAINT JOHN Green Head Road Legend Subject Property (ies) PID(s): NIA Existing Plan Designation: Urban Reserve Draft Plan Designation: Park and Natural Area Date: February 7, 2014 0 125 250 500 I t i t 1 t t t 1 Meters Map created by the City of Saint John y Carte protluite par The City of Saint John �t O 2014 The City of Saint John &UNT J ®Hie[ ep&ws off Golden Grove Road Existing Plain Designation prom W F, s ixi r -,c :l' f t A % Stable. me RWOenti i L Draft Plan Designiat-eon, prom w "M Reioui Rural lnqe U rc, A Residential. -141111111WI, W" ............ Legend 200 400 Subject Property (ies) 0 100 I I I Meters PID(s): portions of 00416834, 00000004 and 55088934 Existing Plan Designation: Urban Reserve Map created by the City of Saint John Carta produlte par The City of Saint John Draft Plan Designation: Stable Residential ®2014 The City of Saint John SAINT JOHN February 7, 2014 M al ram rrE I P%Wsll 1711 Sandy Point Road Legend Subject Property (ies) PID(s): 00051821 Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 0 125 250 500 Meters - Map created by the City of Saint John Carte produite per The City of Saint John ® 2014 The CRY of Saint John SAINT JOHN 1 NO m ME if a� P�w off Sandy Point Road Legend Subject Property (ies) PID(s): Portions of various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 :. 0 250 S00 1,000 Meters Map created by the City of Sainf Jahn Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN University Avenue 1 Tucker Park Road ## 26 Legend Subject Property (ies) PID(s): Various PIN Existing Plan Designation: Urban Reserve Draft Plan Designation: Primary Centre and Stable Residential Date: February 7, 2014 0 200 400 800 I t 1 1 1 1 1 1 I Meters Map created by the City of Saint Jahn Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN /� off Manawagonish Road ## 27 Legend Subject Property (ies) PID(s): various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: February 7, 2014 0 250 500 1,000 Meters Map created by the City of Saint John Carte produite parThe City of Saint John ® 2014 The City of Saint John SmNT JOHN IPGawsf Gilbert Street and area #28 I Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Park and Natural Area and Commercial Corridor Date: February 7, 2014 :e 0 125 250 500 1 t 1 1 1 1 t 1 1 Meters Map created by the City of Saint Jahn Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN l��.�S Portions of 408 Mill Road (Pulp & Paper Mill) #29 r Draft Plan Designation • Stable Residential a e- ,, -1r_ I rl J: I's rlai Legend Subject Property (ies) a 62.5 125 2I Meters PID(s): Portions of 55162416 Existing Plan Designation: Heavy Industrial Map createtl by the City of Saint Jahn Carte produite per The City of Saint Jahn Draft Plan Designation: Stable Residential ®2014 The City of Saint John SAINT JOHN Date: February 7, 2014 a P&W'SI 930 Old Black River Road #30 Legend Subject Property (ies) PID(s): 55143721 and portions of 55186985 Existing Plan Designation: Heavy Industriall and Stable Residential Draft Plan Designation: Major Community Facility and Stable Residential F° February 7, 2014 91 0 125 250 500 Meters Map created by the City of Saint John ' Carte produfte par The City of Saint John ® 2014 The City or Saint John SAINT JOHN �� 294 -306 and 303 -327 Westmorland Road _s Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Park and Natural Area and Regional Retail Centre Draft Plan Designation: Stable Residential Date: February 7, 2014 92 0 125 250 500 1 1 1 1 1 1 1 1 1 Meters Map created by the City of Saint John Carte pmduioe par The City of Saint John 0 2014 The City of Saint John 2 224 and 230 Westmorland Road # 32 Legend Subject Property (ies) PID(s): 55141113 and 55102719 Existing Plan Designation: Park and Natural Area Draft Plan Designation: Stable Residential Date: February 7, 2014 93 0 125 250 500 1 r 1 1 1 1 1 1 1 Meters Map created by the City of Saint Jahn Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN i4��� . a, 1.I Catherwood Street/ Fairville Boulevard # 34 Legend Subject Property (ies) PID (s): Various PIDs Existing Plan Designation: Medium to High Density Residential Draft Plan Designation: Regional Retail Centre Date: February 7, 2014 95 0 125 250 500 Meters y Map created by the City of Saint Jahn Carte produibe par The City of Saint John ® 2014 The City of Saint John SAINT JOHN l Oakland Street I Retail Drive # 36 Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Regional Retail Centre Draft Plan Designation: Commercial Corridor Date: February 7, 2014 97 0 125 250 500 f 1 1 t l i I i l Meters Map created by the City of Saint John Carte produ'de par The City of Saint John ® 2014 The City of Saint John SAINT JOHN IPaws I Union and Waterloo Street #37 Legend Subject Property (ies) P1D(s): Various PIDs Existing Plan Designation: Medium to High Density Residential Draft Plan Designation: Primary Centre Date: February 7, 2014 .; 0 62.5 125 250 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN P&-/-/-,Si Edward Avenue � 38 Legend Subject Property Oes) PID (s): Various PIN Existing Plan Designation: Regional Retail Centre Draft Plan Designation: Stable Residential Date: February 7, 2014 .. 0 125 250 500 Meters Map created py the City of Saint John Carte produfte par The City of Saint John 0 2014 The City of Saint John SAINT JOHN r. 1 410,416 Bay Street (raft Plan De ignatio v s x '0 � cry. C� ti,•., =,r:� �. +� Majo m st �._ Industf �" mmurt illfy r I?u�al d ke�nu�ra � b �Re d ntial Stable � v R'esidential.�' *+ �+..R Froral �4�-. -r q. �. -fir �� - r,;r�� •_: Legend 0 125 250 500 Subject Property (ies) t—� r t 1 r r 1 1 Meters PID(s): 55122204, 55121768 and 55121776 Existing Plan Designation: Stable Residential Mep created by the City of Saint John Carte produite par The City of Saint John Draft Plan Designation: Major Community Facility ®2014 The City of Saint John SAINT JOHN Date: February 7, 2014 100 I � Manners Sutton Road # 40 I Draft Plan Designation N . t • �" , low # i # # ® mo m r 111� ♦ #Stable 4 so an Re "sidentlal' Legend 0 100 200 400 Subject Property (ies) i i I I i i Meters PID(s): Portions of various PIDs Existing Plan Designation: Undesignated � Map created by die City of Saint John Carte produlte per The City of Saint John Draft Plan Designation: Stable Residential w ®2014 The City of Saint John SAINT JOHN Date: February 7, 2014 101 S1 Cottage Road # 41 Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Rural Resource Draft Plan Designation: Stable Residential Date: February 7, 2014 102 0 200 400 800 Meters �+ Map created by the City of Saint John Carte produite par The City of Saint Jahn 0 2014 The City of Saint John SAINT JOHN 1687 Sandy Point Road 4 Legend Subject Property (ies) PID(s): 55058556 Existing Plan Designation: Park and Natural Area Draft Plan Designation: Stable Residential Date: February 7, 2014 103 0 125 250 500 Meters Map created by the City of Saint John �e-`- Carte produite par The City of Saint John td 2014 The City of Saint John SAINT JOHN ��� Cosy Lake Road # 43 Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource and Park and Natural Area Date: February 7, 2014 104 0 200 400 600 I 1 t I 1 t r I Meters J r:; Map created by the City of Saint John Carta produite par The City of Saint John -`� x+2014 The City of Saint Jahn S NT JOHN Churchland Road # 44 — Draft Plan Designation 4p.ourrP ijoh 4 rea HI rl7 it H! gal ga,pLltC:�s Y� lur � R _gft11S' Natural %Area Legend Subject Property (ies) a zoo 4I r I I 800 I Meters PID(s): Various PIDs Existing Plan Designation: Rural Residential and Rural Resource " °n. §. Map created qy the City of Saint John Draft Plan Designation: Rural Residential and Rural Resource ®2014 The Cityar City of Saint Jahn Saint John SAINT IOHN Date: February 7, 2014 105 , ;OZS I Sand Cove Road 1 Sea Coast Lane # 45 Legend Subject Property (ies) PID(s): 55100630, 00403592, 55091425, 00403659, 55141071 and 55157978 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: February 7, 2014 106 0 250 500 1,000 Meters Map created e of Saint John Carte protluite par ar Thhe City of Saint Jahn ® 2014 The City of Saint John SMNT 1oNN I -1-D4-71, Si 305 and 309 Ashburn Road # 40- I Legend Subject Property (ies) PID(s)a 00052688 and 00052696 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: February 7, 2014 107 0 125 250 500 1 1 1 1 1 1 , 1 i Meters the City of Saint John Map created Carte p duite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN 48 and 70 Foster Thurston Road Legend Subject Property (ies) PID(s): 00053413, 00053405 and 55161657 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: February 7, 2014 HE 0 125 250 500 Meters . ` Map created by the City of Saint John Carte produite par The City of Saint John ' 6 2014 The City of Saint John SAINT IOHN ie 441 Red Head Road # 48 Legend Subject Property (ies) PID(s): portion of 00337956 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: February 7, 2014 109 0 200 400 840 Meters + ��I Map created by the City of Saint John Carte produite per The City of Saint Jahn a ` 0 2014 The City of Saint John SAINT JOHN �� Aspen Road #49 Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Rural Resource Draft Plan Designation: Rural Settlement Date: February 7, 2014 110 0 375 750 1,500 1L t t I t t I Meters -k Map [masted by the City of Saint John Carte produite per The City of Saint John 02094 The City of Saint Jahn . NT IOHN P4,7,Z S z '1 255 -279 and 258 -298 Golden Grove Road 4 -�f , Legend Subject Property (ies) PiD(s): Various PIDs Existing Plan Designation: Rural Resource Draft Plan Designation: Rural Residential Date: February 7, 2014 111 0 125 250 500 1 t t t t t t I Meters �r Map created by the City of Saint John Carte produite par The City of Saint John %. ® 2014 The City of Saint John SAINT JOHN �w S I south of Kennebecasis Park Legend Subject Property (ies) Saint John Municipal Boundary PID(s): Various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: March 31, 2014 112 0 125 250 500 Meters Map created by the City of Saint John Carle pmduite par The City of Saint John ® 2094 The City of Saint John SAINT JOHN Ip �,-WS '1 1215 -1373 Sand Cove Road 139,45 Morton Lane Legend Subject Property (ies) PID(s): Various PIDs Existing Plan Designation: Urban Reserve Draft Plan Designation: Stable Residential Date: March 31, 2014 113 0 125 250 500 Meters f Map created by the City of Saint John Carte produite per The City of Saint John 0 2014 The City of Saint John WNT JOHN I mo- � ! 10 West of Meadow Land Subdivision Legend 0 250 500 1,000 Subject Property (ies) �r i f Primary Development Area Meters PID(s): Various PIDs ,y, Existing Plan Designation: Urban Reserve Map created by the City of Saint John CartsproduiteparTheCity ofS aintJohn Draft Plan Designation: Stable Residential and Park and Natural Area Q 2014 The City of Saint John SAINT IDxN Date: March 31, 2014 114 .::� Golden Grove Road ## 54 Legend Subject Property (ies) 0 125 250 Boa ® Protected Watershed Meters PID(s): Various PIDs Existing Plan Designation: Rural Residential Mapereatulbapa The City Saint produite per The City of Seln[ John ®2014 The City of Saint John Draft Plan Designation: Rural Resource and Park and Natural Area SAINT ]oaN Date: March 31, 2014 115 IP&zwsGolden Grove Road Legend o � � �2s z 500 Sub1 ect Property (ies) I Protected Watershed Meters PID(s): Various P1Ds Existing Plan Designation: Rural Residential Map created by the City of Saint John Carte produite par The City of Saint John Draft Plan Designation: Rural Resource and Park and Natural Area ®2014 The City of Saint John SAINT JOHN Date: March 31, 2014 116 Z S I Eldersley Avenue 1 Latimore Lake Road # vS Legend Subject Property (ies) ® Protected Watershed PID(s): Various PIDs Existing Plan Designation: Rural Residential Draft Plan Designation: Park and Natural Area Date: March 31, 2014 117 0 125 250 500 I r t- -- I I Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I51 Latimore Lake Road Legend Subject Property (ies) 0 125 250 500 ® Protected Watershed Meters PID(s): Various PIDs _y Map created by the City of Saint John Existing Plan Designation: Rural Residential and Rural Resource ' Cane produite Par The ity of Saint John Draft Plan Designation; Park and Natural Area and Rural Resource ®2014 The City of Saint John stixr JOHN Date: March 31, 2014 118 PG L 1200 Pipeline Road East # 58 --- —.-l- J Legend 0 125 250 500 Subject Property (ies) r i I , i ® Protected Watershed Meters PID(s): portion of 00335919 Existing Plan Designation: Rural Residential and Rural Resource r�' Cartepro ultepe The City Saint J Carte produite par7he Clty of Saint John 0 2014 The City of Salnt Jahn Draft Plan Designation: Park and Natural Area and Rural Resource SAINT aorrN Date: March 31, 2014 119 P&WS I Old Black River Road 1 Proud Road #6P Legend Subject Property (ies) - - Primary Development Area PID(s): portions of various PIDs Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: March 31, 2014 120 0 250 500 1,000 Meters Map created by the City of Saint John Carte produite par The City of Saint John -- • + -�:• . 02014 The City of Saint John SMNT JOHN I P�wsl Dolan Road 1 McGill Road #60 Legend Subject Property (ies) o �aa 2I t t t a I Meters --° City Boundary PID(s): portions of various PIDs Map created by the City of Saint John Existing Plan Designation: Rural Residential Carta pmdui te par The City of Saint John ®2014 The City of Saint John Draft Plan Designation: Park and Natural Area and Rural Resource JOHN Date: March 31, 2014 121 E Churchland Road 1 Cosy Lake Road a Legend Subject Property (ies) PID(s): portions of various PIDs Existing Plan Designation: Rural Residential Draft Plan Designation, Rural Resource Date: March 31, 2014 122 0 125 250 500 I— I_ 1 f I I 1 1 I Meters Map created by the City of Saint John Carte produle par The City of Saint John 0 2014 The City or Saint John SAINT JOHN f� ... Golden Grove Road # 6 n_a y4nuf navel VV YhP! L _ Legend Subject Property (ies) PID(s ): portions of various PIDs Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: March 31, 2014 123 0 52.5 125 250 1 1 1 1 1 1 1 1 1 Meters Map created by the City of Sahli John Carte produite per The City of Saint John Q 2014 The City of Saint John SAINT JOHN Gi'� Lake Minote #63 Draft Plan Designation r+ .m I 11 Legend Subject Property (ies) PID(s): portions of 00350579 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date. March 31, 2014 124 0 125 250 500 1 1 1 1 1 1 Meters Map created the City Saint John Carte produlta par The City of Saint Jahn 02014 The City of Saint John SAINT JOHN Ir /z, -".1 I Golden Grove Road 1 Bradley Lake Road Graft Plea Designation �S d ML112•I - .: lsq f.. �• q yF _yY A7 L` _ OLL11 U, r'el`iS uFlrJ ' _ Nil ^.� i•31 t � .,� M Legend 0 125 250 500 Subject Property (ies) i , i I I I i City Boundary Meters PID(s): portions of various PIDs Map created by the City or Saint John Existing Plan Designation: Rural Residential ul Carte produke par The City of Saint John ® 2014 The City of Saint John Draft Plan Designation: Rural Resource SAINT JOHN Date: March 31, 2014 125 ,� r Golden Grove Road # 65 Legend Subject Property (ies) PID(s): portions of 00350041 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: March 31, 2014 126 0 15 30 60 1. r r r I i I I I Meters Map created by the e of Saint John Carte produite per The City of Saint John 0 2014 The City of Saint Jahn SAINT JOHN Churchland Road Legend Subject Property (ies) PID(s): portions of 00350660 Existing Plan Designation: Rural Residential Draft Plan Designation: Rural Resource Date: March 31, 2014 127 0 125 250 500 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN S1 Lorneville Road Legend Subject Property (ies) - a. -- Primary Development Area � Rural Residential Designation Rural Resource Designation Date: March 31, 2014 128 0 250 500 1,000 Meters Map created by the City of Saint John Carta produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I P&m S i Anthony's Cove Road # 6a I Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 129 0 250 500 1,000 l I I 1 t r Meters Map created by the City of Saint John Carte produite per The City of Saint John ® 2014 The City of Saint Jahn SAINT JOHN I Red Head Road /Anthony's Cove Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 130 0 350 700 1,400 Meters Map created by the City of Saint John Carte produito par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I P�,- -QC, 'I Old Black River Road Legend Subject Property (ies) - ® - Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 131 0 200 400 800 I t t t I t I t 1 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN � S . Red Head Road / Old Red Head Road Existing Plan Designation Legend Subject Property (ies) - - b Primary DevelopmentArea I t Rural Residential Designation Rural Resource Designation Date: March 31, 2014 132 0 175 350 700 1_ r t 1 I t, t t I Meters f� Map created by the City of Saint John Carte produite per The City of Saint John 0 2014 The City of Saint John WNT JOHN &P?Zsl,, Westfield Road # 72 Legend Subject Property (ies) o s -. Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 133 0 200 400 800 Meters ew" Map created by the City of Saint John Carte produite par The City of Saint Jahn 0 2014 The City of Saint John SAINT JOHN Westfield Road I [gaff Plan Designakern I Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 134 C, 0 250 500 1,000 Meters Map created by the City of Saint John Carte produi[e par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I P&WS Red Head Road # 74 1 Draft Plan Designation Legend Subject Property (ies) , Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 k 135 0 125 250 500 Meters Map created by the City t Jahn Carte produite per The City Sy of Saint John ® 2014 The City of Saint John SAINT JOHN �, Grandview Avenue °i Draft Plan Desig ation 1 5 Legend 0 125 250 500 Subject Property (ies) �t i I f I i Meters - Primary Development Area Rural Residential Designation Map created by the City of Saint John Carte produfte par The City of Saint Jahn Rural Resource Designation 2014 The City of Saint John 8A[NT JOHN Date: March 31, 2014 136 -!� Grandview Avenue/ McLaughlin Road # 76 Legend Subject Property (ies) Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 137 0 175 350 700 t 1 1 1 1 1 t 1 Meters Map created by the City of Saint John Carta produlte per The City of Saint John ® 2014 The City of Saint John SLANT JOHN I Hickey Road #77 Legend Subject Property (ies) - - Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 138 0 125 250 500 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN I Gladstone Avenue 1 Latimore Lake Road #78 I Draft Flan Designation _4 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 139 I, CIL n 0 200 400 800 1 t t t I t t t Meters r Map created by the City of Saint John Carte produite parThe City of Saint John ® 2014 The City of Saint John SAINT JOHN P4W,s I Estate Drive 1 Latimore Lake Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 140 0 200 400 800 Meters Map created by the City of Saint John �- Carte produita per The City of Saint John 02014 The City of Saint John SAINT JOHN Ragged Point Road # 80 Legend Subject Property (ies) M - Primary Development Area Rural Residential Designation Park And Natural Area Date: March 31, 2014 141 0 125 250 Soo Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN IS I Eldersley Avenue Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 142 0 175 350 700 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN i `P m; Eldersley Avenue #82 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 143 0 175 350 700 1 t t 1 1 r r 1 1 Meters _ Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I 'l -l"Kaw' , I Golden Grove Road 1 Hillcrest Road a I Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 144 0 200 400 800 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN Ii Hillcrest Road 1 Marilyn Drive # 84 1 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 145 0 250 S00 1,000 I r 1 1 II t t t I Meters _ Map seated by the City of Saint John ;arts produlte par The City of Saint John 0 2014 The City of Saint John R&INT JOHN 'GIs, Morrison Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 146 0 200 400 800 II t t i I I t i Meters flap created by the City of Saint John Carte produite per The City of Saint John ® 2014 The City of Saint Jahn SAINT JOHN W. &W Loch Lomond Road 1 Saddlebrook Court �. a , -- Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Federal Transportation Date: March 31, 2014 147 0 200 400 800 I t 1 I 1 1 1 I Meters Map created by the City of Saint John Carte produite parThe City of Saint John ® 2014 The City of Saint John SAINT JOHN Ji Loch Lomond Road 7 Draft Plan Designation 6 aN��I�" -e Legend Subject Property (ies) ® Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 `t } } in 0 100 200 400 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN 1'. aN��I�" -e Legend Subject Property (ies) ® Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 `t } } in 0 100 200 400 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN IP&� S J Churchland Road 1 Denton Drive # 88 I Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 149 0 250 500 1,000 ,I I r I r r r 1 Meters Map created by the City of Saint Jahn Carte produite par The City of Saint Jahn !9 2014 The City of Saint John SAINT )OHN SI Churchland Road 1 Leafy Vale Lane Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 150 0 250 500 1,000 Meters Map created by the City of Saint Jahn Carte produlte par The City of Saint John ® 2014 The City of Saint John SMNT JOHN Golden Grove Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 151 0 500 1,000 2,000 1 1 1 1 1 1 1 1 1 Meters 6 y Map created by the City of Saint John Carte produrte per The City of Saint John l 0 2014 The City of Saint John SAINT JOHN I P aws i Golden Grove Road # 91 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 152 0 100 200 400 Meters ?` Map created by the Cify of Saint John Carte produhe par The City of Saint John ® 2014 The City of Saint John SAINT JOHN P&IzsjHighland Road ft 92 Legend Subject Property (ies) - - Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 153 0 100 200 400 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of saint John SALNIT JOHN I. -zS Graham's Brook Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 154 0 200 400 800 Meters Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN � elo&-n S 1" Loch Lomond Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 155 0 175 350 700 1 t t t 1 1 t t i Meters ' Map created by the City of Saint John Carte produite par The City of Saint John ® 2014 The City of Saint John SAINT JOHN P6,-ws I Loch Lomond Road I Little River Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 156 0 175 350 700 <� 1 1 1 1 Meters Map Created by the City of Saint John Carte produite par The City of Saint John (P 2014 The City of saint John SAINT JOHN P&wsl, Hillcrest Road #96 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 157 0 975 350 700 Meters Ar k. Map created by the City of Saint John Carte produtte par The City of Saint John ® 2014 The City of Saint Jahn $HINT JOIN F Loch Lomond Road f Norris Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 158 0 175 350 700 Meters Map created by the City of Saint John Carte produlie par The City of Saint John ® 2014 The City of Saint John SAINT JOHN I -.-ta&w S i Loch Lomond Road 1 Churchland Road #98 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 159 0 175 350 700 Meters Map created by the City of Saint John Carte produft par The City of Saint John 0 2014 The City of Saint John SAINT JOHN Loch Lomond Road 1 Sproule Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 160 0 200 400 800 1 1 1 I 1 I 1 1 Meters Map created by the City of Saint John Carta produite par The City of Saint John ® 2014 The City of Saint Jahn SAINT JOHN Golden Grove Road Draft Plan Designation 4� -tea Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 161 0 100 200 400 1 1 1 1 i t 1 1 i Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2014 The City of Saint John SAINT JOHN P&'GP. -//, Sll Dolan Lake # 101 Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 162 0 37.5 75 150 I t t 1 I 1 t t I Meters y. Map created by the City of Saint John Carte produite per The City of Saint John 0 2014 The City of Saint John SAINT JOHN a, Golden Grove Road Legend Subject Property (ies) Rural Residential Designation Rural Resource Designation Date: March 31, 2014 163 0 62.5 125 250 1 1 1 1 1 1 1 1 1 Meters f Map created by the City of Saint John Carte produite per The City of Saint John ® 2014 The City of Saint John SAINT JOHN � r! S i Pelton Road 1 Beach Road # 103 Legend Subject Property (ies) - -- Primary Development Area Rural Residential Designation Rural Resource Designation Date: March 31, 2014 164 0 125 250 500 Meters Map created by the City of Saint John Carte produite per The City of Saint John 0 2014 The City of Saint John SAINT JOHN P&W si, Sandy Point Road �1# 104, Legend Subject Property (ies) - - — Primary DevelopmentArea Rural Resource Designation Stable Residential Designation Date: March 31, 2014 165 0 125 250 500 Meters Map created by the City of Saint John Carte produite par The City of Saint John 0 2914 The City of Saint John SAINT JOHN REPORT TO COMMON COUNCIL M&C2014 -42 April 7, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Elimination of the Night Time Solid Waste Collection Model BACKGROUND *d The City of Saint John The Night Time Solid Waste Collection pilot project began on September 30, 2008 in the South Central Peninsula. While this pilot project had intended to provide many benefits that have been initially realized, there have been many challenges concerning personnel safety, residents not abiding by the established timelines for placing garbage out on the street for collection and noise of vehicles during collection. ANALYSIS Because of safety issues an extra person has been placed on each packer unit with the Operator. This has effectively negated any benefits realized by night time collection and diverts valuable resources away from winter snow removal operations. Five operators could be assigned to snow plough and sanding units during the 5 hours it takes for solid waste collection each Tuesday night. Citizens are placing solid waste and compost at the curb during the day time hours instead of between bpm and 9pm, as communicated, negating the benefit of refuse being less visible to the tourism industry. Crews will structure the collection route each Wednesday beginning closest to the cruise terminal to minimize any negative impacts. In general, some citizens are requesting a reduction in all night time operations noise levels. It is recommended that the night time collection cease and be integrated into day time collection. A review of the solid waste collection routes has been completed that has revealed collection capacity created by efficiencies related to the In -House Collection Model and the elimination of the weekly Crescent Valley route. NB Housing has chosen a different collection model that no longer involves the City. Therefore, the following collection schedule changes would be required considering this existing capacity and ability to continue to meet the Service Objectives; Week 1: Monday no changes Tuesday — no changes Wednesday — Add South End route and move Fundy Heights route Thursday — Remove Crescent Valley route and add Fundy Heights route Friday — no changes 166 Elimination of Night Time Solid Waste Collection Model Report to Common Council, M & C 2014 , 42 ANALYSIS (cont'd) Week 2: Monday — no changes April 7, 2014 Page 2 Tuesday — no changes Wednesday — Add South End route and move Champlain Heights and Lorneville route Thursday Remove Crescent Valley route and add Champlain Heights route Friday — add Lorneville route These changes will ultimately add 859 household units to the existing day shift workload but is not expected to impact the ability to meet the Service Objectives of completing all collection routes within an 8 hour shift 95% of the time. It will be necessary to monitor personnel workload to ensure the risk for injury due to heavy lifting and repetitive motion is mitigated where possible. The South Central. Peninsula currently receives weekly collection service each Tuesday night and will receive the same weekly level of service each Wednesday. Transportation and Environment Services will collaborate with Saint John Communications to provide impacted citizens with adequate notification prior to any collection service changes. It is anticipated that the new routes outlined in Appendix A will be effective in May 2014, FINANCIAL IMPLICATIONS Since the day shift capacity is being replaced by the night shift capacity, there will be no reduction in packer units and 1 FTE will be moved from the night shift to day shift due to the additional household units that require collection. There are no financial implications as a result of this recommendation. RECOMMENDATION Staff recommends that Common Council: 1. Endorse the elimination of night time solid waste collection in the South Central Peninsula. 2. Endorse the recommended changes to the Solid Waste Collection schedule with adequate public communications Respectfully submitted, Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services Wm. Edwards, P. Eng. Commissioner Transportation and Environment Services 167 J. Patrick Woods, CGA City Manager APPENDIX "A" Day Route Civic Stops Whold Units Serviced Whold Units /o Day Whold Units ° /° Week Whold ° Units /° Cycle Code Name Code Name Area 01 Mon -1 1 Loch Lomond (Airport) East 417 421 16.8% City Unit 2 Golden Grove East 484 488 19.5% City Unit 3 Glen Fails East 490 538 21.5% City Unit 4 lForest Hills Parkhill East 453 515 20.5% City Unit 5 1 Forest Hills Mountain East 515 546 21.8% City Unit Day 01 (First Monday) 2359 2508 19.8% 11.0 % 02 Tue -1 1 Greenwood East 491 499 24.9% City Unit 2 Lakewood East 560 580 29.0% City Unit 3 Heatherway East 470 475 23.7% City Unit 4 Silver Falls East 422 447 22.3% City Unit Day 02 (First Tuesday) -Day 1943 2001 15.8% 1 15.8% 03 Wed -1 1 West Queen West 300 400 12.3% City Unit (Weekly) 2 West King West 308 458 14.1% City Unit (Weekly) 3 Waterloo Village* South 240 442 13.6% City Unit ( Weekly) 4 Lower Cove* South 324 512 15.7% City Unit (Weekly) 5 South Queen* South 276 421 12.9% City Unit (Weekly) 6 South Leinster* South 288 498 15.3% City Unit (Weekly) 7 Latimore East 516 520 16.0% City Unit Day 03 (First Wednesday) 2252 3251 25.7% 14.3% 04 Thu -1 1 Fundy Heights West 516 520 20.3% City Unit 2 Old North End* North 281 489 19.1% City Unit (Weekly) 3 Douglas North 347 479 18.7% City Unit 4 Riverview Prince West 463 565 22.0% City Unit 5 Beaconsfield West 441 513 20.0% City Unit Day 04 (First Thursday) 2048 2566 20.3% 05 Fri -1 1 Sand Cove West 448 452 19.5% City Unit 2 Sherbrooke West 402 456 19.6% City Unit 3 Greendale West 452 459 19.8% City Unit 4 Fairville- Milford West 411 500 21.5% City Unit 5 Greenhead- Randolph West 411 454 19.6% City Unit Day 05 (First Friday) 2124 2321 18.4% Week -1 First Week of Two -Week Cycle 10726 12647 55.7% •: Day Route Civic Stops Whold Units Serviced Whold Units % Day Whold Units % Week Whold Units % Cycle Code Name Code Name Area 06 Mon -2 1 Torryburn Sandy Point East -Forth 391 401 16.0% City Unit 2 Millidgeville North 532 543 21.7% City Unit 3 Cedar Point North 552 550 21.9% City Unit 4 University North 521 550 21.9% City Unit 5 Pokiok Tartan North 380 463 18.5% City Unit Day 06 (Second Monday) 2376 2507 24.9% 11.0% 07 Tue -2 1 fled Head East 491 22.1% City Unit 2 Bayside East 470 510 23.0% City Unit 3 Westmorland East ~32 617 27.8% City Unit 4 Old East East 5i9 602 27.1% City Unit Day 07 (Second Tuesday) -Day 2040 2 20 22.1% 221% 08 Wed -2 1 "" West Queen South 300 400 14.6% City Unit (Weekly) 2 ** West King South 308 458 16.8% City Unit (Weekly) 3 ** Waterloo Village* South 240 442 16.2% City Unit (Weekly) 4 ** Lower Cove* South 324 512 18.7% City Unit (Weekly) 5 ** South Queen* South 276 421 15.4% City Unit (Weekly) 6 ** South Leinster* South 288 j 498 City Unit (Weekly) Day 08 (Second Wednesday) 1736 2731 1 27.2% 12.0% 09 Thu -2 1 Champlain Heights East 494 506 21.6% City Unit 2 Old North End* North 281 489 20.8% City Unit (Weekly) 3 Cranston North 280 47:3 20.2% City Unit 4 Beaverbrook North 379 395 16.8 % City Unit 5 Rockwood North 386 483 20.6% City Unit Day 09 (Second Thursday) 1820 2346 23.3% 10.3% 10 Fri -2 1 Westgate West 565 581 23.5% City Unit 2 Quinton West 525 539 21.8% City Unit 3 Acamac West 415 415 16.8% City Unit 4 Martinon West 446 448 18.1% City Unit 5 Lorneville West 482 489 19.8% City Unit Day 10 (Second Friday) 2433 2472 24.6% 10.9% Week -2 Second Week of Two -Week Cycle 10405 10056 443% Cycle Two -Week Cycle 21131 22703 effective May 2014 169 REPORT TO COMMON COUNCIL, M &C2014 -41 April 4, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 'fender for Asphalt Concrete Mixes 7I The City of Saint Jahn A public tender call was issued on Friday, March 14, 2014 and closed on Wednesday, April 2, 2014. Two companies responded to the tender. The purpose of this report is to present the results of Tender 2014- 561002T for Council's consideration. BACKGROUND The City of Saint John annually calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes. This product is employed by Transportation and Environment Services for a variety of tasks including restoration of water cuts, roadway and sidewalk repairs as well as general road resurfacing work. In 2006, many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario's Performance Graded Asphalt Cement Price Index. Given this and the external pressure brought to bear by the asphalt industry, the City of Saint John adopted this approach in 2009 and has continued to use this approach ever since. The following is a brief overview of the price index formula created by the Ontario Ministry of Transportation and subsequently included in the tender call documents. ANALYSIS MTO Performance Graded Asphalt Cement Price Index: A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cement/binder and will be calculated as follows if the price index between the two (2) months differs by more than 5 %. PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cement/binder price index for the month of tender opening P = PG asphalt cement/binder price index for the month of paving Q = Quantity of asphalt cement/binder in tonnes 170 Tender for Asphaltic Concrete Mixes Report to Common Council, M & C 2014 - 41 ANALYSIS CONT'D April 4, 2014 Page 2 When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P — 1.05T) x Q When P < 0.95 T, the Owner receives a credit as follows: PA = (0.95T — P) x Q As additional information, there are traditionally three seasons for asphalt, the normal construction season, where production is high and the product is readily available; and then the pre and post construction seasons, where production volumes are low and the cost of production is higher. Bidders are asked to quote separate prices for the pre - season (prior to mid -May), the construction season and the post season (after mid - November). INPUT FROM OTHER SOURCES A public tender call was issued on Friday, March 14, 2014 and closed on Wednesday, April 2, 2014. Two companies responded to the tender call by submitting bids. The results are as follows (excluding HST): Staff of Materials Management reviewed the tenders and found them to be complete and formal in every regard. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommends acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. Transportation and Environment Services indicated that the "construction season" unit price for 2014 is lower than in 2013. More specifically the construction season price for Superpave (9.5mm /tonne) was $63.72 in 2013 and is $61.00 for 2014. Having stated that, the 2014 prices for pre and post season materials are higher than in 2013. However, the bulk of the asphalt materials (92 %) are purchased during the construction season. 171 DEBLY ENTERPRISES LTD. NRB CONSTRUCTION CO. LTD. Pre- Construction Post - Pre- Construction After Season Season Season Season Season Season 1 SUPERPAVE $72.50 $62.50 $72.50 $70.00 $55.00 $70.00 19.5mm /tonne 2 SUPERPAVE $80.50 $70.50 $80.50 $75.00 $61.00 $75.00 9.5mm /tonne 3 SUPERPAVE $83.50 $73.50 $83.50 $80.00 $63.00 $80.00 4.75mm /tonne Staff of Materials Management reviewed the tenders and found them to be complete and formal in every regard. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommends acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. Transportation and Environment Services indicated that the "construction season" unit price for 2014 is lower than in 2013. More specifically the construction season price for Superpave (9.5mm /tonne) was $63.72 in 2013 and is $61.00 for 2014. Having stated that, the 2014 prices for pre and post season materials are higher than in 2013. However, the bulk of the asphalt materials (92 %) are purchased during the construction season. 171 Tender for Asphaltic Concrete Mixes Report to Common Council, M & C 2014 - 41 FINANCIAL IMPLICATIONS April 4, 2014 Page 3 The estimated cost of the 2014 supply agreement, based on the previous year's usage, is $+626,750 plus HST. When comparing year over year and employing the actual usage from 2013, the 2014 estimated cost of contract is $27,156 less than in 2013. It must be stated that this is just an estimate, as quantities are based on previous year's estimates and are subject to change due to available funding and price fluctuations arising from the MTO Price Index. Staff will monitor pricing and adjust consumption accordingly. This is a planned expenditure and as such, funds to cover the cost are included in the 2014 General Fund Operating Budget. RECOMMENDATION It is recommended that the tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Co. Ltd., for the supply of all items required for all three 2014 asphalt seasons, the entire period being approximately April 22nd through November 28`h Respectfully submitted, R. Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services Wm, Edwards, P. Eng. Commissioner Transportation and Environment Services J. Patrick Woods, CGA City Manager 172 SPORT TO COMMON COUNCIL M & C 2014 -45 April 7, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: c The City of Saint Doha CONTRACT 2013 -22: PRINCE WILLIAM STREET (PRINCESS STREET TO DUKE STREET) — WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION BACKGROUND The approved 2014 General Fund and Water & Sewerage Utility Fund Capital Programs include project funding for the design and construction of Prince William Street (Princess Street to Duke Street). The work generally involves the renewal of the existing watermain and sanitary sewer, installation of a new storm sewer for separation, relocation of the overhead utilities to underground, removal of an abandoned heating tunnel and road reconstruction consisting of new granite curbing, concrete sidewalk, brick median, new roadway granulars and asphalt and landscaping. TENDER RESULTS Tenders closed on April 2, 2014 with the following results, including HST: 1) Terracx Inc., Saint John $1,934,345.30 2) Fairville Construction Ltd., Saint John $2,178,191.39 3) Galbraith Construction Ltd., Saint John $2,278,486.80 4) Gulf Operators Ltd., Saint John $2,720,552.97 The Engineer's estimate for the work was $2,608,585.79, including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. The tender from Gulf Operators Ltd. contained an arithmetic error that required correction in accordance with specification article 2.11 s) (i). The corrected tender result is indicated above. Staff is of the opinion that the low tenderer has the necessary resources and ability to perform the work. 173 M & C 2014 -45 April 7, 2014 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 General Fund and 'Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor, City forces and others. The analysis is as follows: Budget $2,734,625 Project Net Cost $2,037,300 Variance (Surplus) $ 697,325 Staff will provide recommendations to Council in the coining weeks for Transportation/Storm related projects to utilize the surplus funding from this project. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2013 -22: Prince William Street (Princess Street to Duke Street) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, be awarded to the low tenderer, Terraex Inc., at the tendered price of $1,934,345.30 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common CIerk be authorized to execute the necessary contract documents. Respectfully submitted, Kevin O'Brien, P. Eng. Municipal Engineer { Wm. Edwards, P. Eng. Commissioner Transportation and Environment 174 C- Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager rt THE HARDMAN GROUP LIMITED I` „moo One Market Square, Saint John, NB E2L 4Z6 T: 506.658.3600 1 F: 506.658.3605 - w www.hardmangroup.ca I www.marketsquaresj.com March 31, 2014 City of Saint John 15 Market Square PO Box 1971 Saint John NB E2L 4L1 Re: Summer Sponsorship Dear Mayor & Council: Market Square has been a part of Saint John since its incorporation as Canada's first city. Having experienced tremendous changes with the times, its most recent revitalization has seen this cornerstone of our community develop into New Brunswick's Festival Place, crafting a premier shopping, dining, and entertainment experience that is lauded the world over. Throughout this burgeoning, it has been staunchly maintained that Market Square direct its purpose to encourage the economic and cultural prosperity of our citizens and their endeavours. As it has been for hundreds of years, all walks of life unite in this unique space. Today, this is supported by activities and events being offered - each and every day during the summer season, in addition to dozens of other events throughout the year - at no charge to the public. This massive undertaking is accomplished with the partnership of like- minded organizations that value being a member of a community that sees benefit from consistent, high- caliber Arts & Culture programming and entertainment that encourages both local and international foot traffic, being driven from an anchor point to the Arts & Culture District of our city that makes use of collaborative means by which to accomplish its goals. Our mandate would be greatly enhanced in developing a partnership with you. Enclosed are further details about our myriad of activities and events, and how we find opportunity to welcome you to become a part of one of our region's most cherished spaces. We are eager to meet with you and discuss how we can tailor a custom program for your participation. Please feel free to reach out with any questions via email or by phone, as our team is at your disposal; otherwise, I will follow up with you in the coming weeks to set up a convenient time to meet. Looking forward to a season of great success with you. Y r trul l, er Peterson e'�- Regional Property Manager A HALF CENTURY OF KNOWLEDGE, INTEGRITY & RESULTS SAINT JOHN' and Market Square Community Partners 176 Daily Summer Events Free Events on the Boardwalk All Summer long New Brunswick's Festival Place provides free Arts & Culture programming each and every day from the Summer Solstice in June until Labour Day in September. Summer 2014 welcomes several of our favourite weekend themes, and also new events to complement our weekday lineup's popularity. Live Entertainment — Every Sunday (June 22 to August 24) Relax and enjoy the evening while the smooth sounds of live sax music lingers as the sun sets. Cabaret — Every Monday (June 23 to August 25) ...your table is waiting! Come hear the music, taste the fine food and drink... relax and enjoy Cabaret — Boardwalk Style! A perfectly crafted, intimate atmosphere for a romantic evening or an impromptu gathering. New Brunswick Talent - Every Tuesday (June 24 to August 26) Do you have what it takes to be New Brunswick's favourite performer? Every Tuesday evening, the Boardwalk will host sensational dancers, singers, jugglers and invited performers. From goosebump- generating opera to dancing dogs, there is something for everyone! Saint John Idol XII — Every Wednesday (June 25 to August 27) Season XII of Saint John Idol is a much anticipated part of Saint John's summertime Wednesdays! Over 5,000 spectators arrive each week to cheer for their favourite local talent. Over ten weeks, this competition's grand finale is held in late August with the winner being presented with $10,000! Country Star Competition — Every Thursday (June 26 to August 28) One of the Boardwalk's most successful weekday events, country plugs in and gets the crowds in a toe - tapping mood! Our servers dish up delicious grub, decked out in cowboy hats, boots and plaid, and keep the summertime vibe Flowing with suds that pair perfectly with our region's best country dishes. • Look at Our Boardwalk! • People Enjoying our Eve and Festivals • Family, Activities (blow -up rides, balloons, fie- riling) • Vendors Showcasing their Unique Products • Entertainmerrt on our Boardwalk Stage • Friendly Boardwalk Staff in Themed Outfits • Award Winning Food & Drinks Served at our Patio Restaurants • Reach Volleyball Games at Market Slip • Flags and Banners Adding a Fesrnre Atinosphere • Promotional Giveaways and Prizes +r� y - SUM llll +'3'1V Summer Festivals June 24 & 21 1 Summer Solstice This festival officially kicks off summer, Were celebrating the Summer Solstice with two days of live music not to be missed This party sets the stage for our Boardwalk summer line -up, June 24 1 St. Jean de Baptiste As Canada's only official bilingual province, we take great pride in our francophone heritage We will be joined by performers from a myriad of Francophone backgrounds underscoring not lust French but the ability for our province to blend and balance both official languages, within our communities We will be serving up our favorite Acadian dish — 'poutine- and what better way to celebrate this delectable element of our cultuie than by experiencing The Pouhnene Challenge, last year was so successful It's become an annual tradition, June 27 & 28 1 Canada Day Weekend Celebrations Canada Day in our community always represents the true ushering In of the summer season, and we ale happy to welcome It with open arms, This weekend we will be featuring Canada's past. present and futuie,along with some of the greatest entertainment and foods Canada has to offer, June 30 I Canada Day Countdown This annual event has become a much - anticipated event in the iegirn, and were celebrating our 10ih anniversary, When the clock strikes midnight on Jun6 30th, over 10 000 ale ready to ring in Canada's birthday as a part of our unique celebration of Canadian musicians from across the country From dueling DJs on 15 foot scaffolding, full lock bands, to a 25 -piece steelband, we ale celebrating ow roots of music in style with the largest free Goncert this side of the Hill - don t forget pyrotechnics from the stage, and fuewotks at midnight' July 1 1 Canada Day Celebrations Waving their red and white, participants will enjoy family activities, live entertainment, theatre performances and our spectacular fireworks display at dusk on July 1st Canada Day always welcomes a whole host of entertainment on the Boardwalk Stage Rounding out the entertainment with a Fireworks Grand Finale - and an encore from our performers to give a larger than life send off to another Canada Day, July 4 & 5 1 Salty Jam It is out pleasure to be a partner foi this annual Uptown music festival, entertainment will be arriving from across the country to perform on the Boardwalk all weekend long' July 11 & 12 1 Cajun Festival "Laissez les bon temps roulezr'' down 'Nawlins way means Let the good times roll' The languages of music and food are universal, and absolutely delectable' Join us as we celebrate the blend of Bayou on the Boardwalk from the south with zydeco and creole, honouring Its roots on the very sod that brought Acadian south to become Cajun — In style, Dine on gumbo, a Dixieland spit ioast, and enjoy music from Louisiana proper, 178 PARTNERSHIP OPPORTUNITIES MARKET SQUARIE With its location on the waterfront and indoor connection linking many of Saint John's popular destinations, there is no other venue in the province like Market Square. More Summer Fun July 17 - 20 1 241h Buskers on the Boardwalk Festival This summer Market Square will bring over 50,000 residents and tourists to expeiience the foul elements. and discover the fifth This summers festival promises to to the best ever with sidesplitting comedy, astounding physical feats and all -nut crazy antics' This is street theatre at its best' Peifoimeis who had hom across the globe transform our Boaidwalk into an apex of laughter and wonder for locals and visitors alike Come and join us this summer arid prepare to feel the magic' July 25 & 26 1 Maritime Flavours Festival This festival piuvides us with a chance to showcase some of the best flavours Atlantic Canada has to offer From fine dining to casual fare, our Boardwalk restaurants and quick -bite food venues promise to dazzle your tastebuds' If you're a foodie you won't want to miss this one! Aug 1 - 3 1 New Brunswick Day Weekend Celebrate New Brunswick with the entire family' Were hosting live music that revels in our Celtic and Acadian roots and a weekend chock -full of all things that make us proud New Biunswickers New Brunswick Day, enjoy a family event with entertainment. cake, tattoos and mole' Aug 8 & 9 1 Sweet Sassy Molassy - Join us on the Boardwalk and enjoy all types of rockabilly early rock 'n loll music' You'll enjoy the taste of same "sweet sassy molassy, dishes and drinks made with Saint John's very own Crosby's molasses at our fine Boardwalk restaurants Aug 15 & 16 1 Flashback to the 80's Dude, like totally awesome sounds of the 80 s on the Boardwalk this weekend Music, drinks and food from the 80 s will be served — so tease your hair, make it big and had, put on your shoulder pads arid leg warmers and savour the gnarly favourites of the 80's Aug 22 & 23 1 Country Boardwalk Style Come to Market Square to rock the Boardwalk — Country- Style Stop by one of out Boaidwalk restaurants and let our cowboys and cowgirls rustle up your favor Ite dishes and drinks' Aug 29 & 31 1 Labour Day Weekend After months of daily festivals and events, we deserve a proper farewell foi ttie season Join us for the long weekend to paint it red' Music for a Cure Saturday - Saint John Edition" is a province -wide goal to raise awareness and support for cancer survivors both fnr today, and for tomorrow Enjoy a full roster of our region's musical talents take the Boaidwalk Stage in the fight against cancer 5 �,Viva, PARTNERSHIP OPPORTUNITIES AT MARKET SQUAR Benefits for Your Business Our audience is your audience During our festivals and special events, we bring Saint John to you - and you to Saint John! Market Square is the ideal partner for maximizing your investment in the community. By supporting our efforts to bring local residents and visitors to the waterfront, you will gain exposure to a diverse audience while demonstrating a strong commitment to the arts and culture that brings economic Vitality to the entire region. Benefits Include: • Partnership with a highly visible and popular New Brunswick's Festival Place venue • Strong identification with one of the province's premier destinations • Exposure to a large, diverse cross - section of the city's residents, tourists and convention /sporting participants • Branding of your product and corporate image through signage, banners, posters, brochures and media coverage Our promotional strategy is a key component of the Boardwalk; aiming to reach beyond the local • Opportunities to offer product samples, sales, promotional materials, coupons and regional markets and promoting summer and prizes directly to your target audiences festivals on a provincial and Atlantic scale. . Entertainment opportunities and discounts for your employees and clients • Flexibility of working directly with our marketing team to create individualized events catered to your target market � iI SHIP I , FIJ IjI .,r T �� Ui f l Promotional Partners Our customized partnership programs have significant marketing value and will build your organization's Image in Greater Saint John and beyond. We will develop and implement your ideal marketing strategies, branding our multitude of festivals and events with your company's image. This opportunity is a winning combination: • Premier events in Atlantic Canada with your branding highly visible • Your involvement can be as hands -on or as worry -free as you like Company representatives may join us to allow our clients (your potential customers) to sample your great products • Your products can speak for themselves as our signage directs your target audience to your current marketing strategies already implemented. We're experts in catering to our clients' every whim... let our experience work to your advantage this summer. We're eager to begin working with you in creating the right program tailored specifically for your marketing strategy. 1' .R'TNEPSHIP OF'PORTUNI T1 FS: ATM ARKEF1 5 Q W RE Promotional Partners This level of partnership gives you the opportunity to be a Presenting Partner of the Boardwalk during all festivals, as well as during our weekly schedule of daily events throughout the summer. $1 0,000 (10 -week coverage - $1,000 weekly contribution) Marketing Coverage: • Newspaper advertisements • Radio advertisements • Website advertisements 1 website links Brochures (approx 50,000 are distributed to all Visitorinformation Centres throughout NB) • Summer Event Schedule • Posters (various partner locations throughout the City) • Recognition as sponsor at all events • Banner on the Boardwalk Stage for duration of the summer • Signage (Tent Cards, Signs, Rack Cards, Promo material) Promotional Opportunities: • Opportunity to setup corporate display and offer product samplings, sales, promotional materials, coupons and/or prizes to event participants • Presence on the Market Square website and link to your website VIP Access - Once per week you will receive: a Reservation for eight on the Boardwalk at the restaurant of your choice + Eight complimentary beverages • $100 in Market Square restaurant gift certificates Promotional Partners This level of partnership gives you the opportunity to be a Title Partner of the Boardwalk during our weekday schedule of events throughout the summer. $5,000 (10 -week coverage - $500 weekly) Marketing Coverage: • Newspaper advertisements Brochures (approx 50,000 are distributed to all Visitor Information Centres throughout NB) ■ Summer Event Schedule • Posters (various partner locations throughout the City) Promotional Opportunities: • Opportunity to set up corporate display and offer product samplings, sales, promotional materials, coupons and/or prizes to event participants • Signage in place on the Boardwalk Monday through to Thursday Presence on the Market Square website and link to your website VIP Access - Once per week you will receive: • Reservation for four on the Boardwalk at the restaurant of your choice • Four complimentary beverages • $75 it Market Square restaurant gift certificates - r 6 .r 0. Promotional Partners This level of partnership offers you the opportunity to be a Boardwalk Partner during our weekend schedule of events throughout the summer. $2,500(l 0-week coverage - $250 weekly) Marketing Coverage: • Brochures (approx 50,000 are distributed to all Visitor Information Centres throughout NB) Summer Event Schedules • Posters (various locations throughout the City) Promotional Opportunities: • Sig nage placement on the Boardwalk for weekend events (with the exception of the Buskers on the Boardwalk Festival & Canada Day) • Presence on the Market Square website and link to your website VIP Access — Once per week you will receive: • Reservation for two on the Boardwalk at the restaurant of your choice • Two complimentary beverages • $50 in Market Square restaurant gift certificates Promotional Partners This level of partnership offers you the opportunity to be a Venue Partner during one of our signature events: Canada Day Week or Buskers on the Boardwalk Festival. $1,500 Your venue becomes a part of the action! We program entertainment & activities on location and drive traffic to your physical space with our themed programming. Marketing Coverage: Brochures (approx 50,000 are distributed to all Visitor Information Centres throughout NB) Summer Event Schedules • Posters (various locations throughout the City) Promotional Opportunities: • Inclusion in all event schedules and programming promotions (maps, calendars etc.) • Presence on the Market Square website and link to your website VIP Access • Boardwalk VIP seating for two guests and $150 in gift certificates I Promotional Partners This level of partnership offers you the opportunity to be a Event Partner during one weekday event throughout the summer. $1 ,500 (10 -week coverage - $150 weekly) Marketing Coverage: • Summer Event Schedule Promotional Opportunities: . Presence on the Market Square website and link to your website VIP Access — Once per week you will receive: • Reservation for two on the Boardwalk at the restaurant of your choice . Two complimentary beverages 186 rn= Website & Social Media Our online presence stands on its own with all of our promotions, events and information 1,--W &W A� - right at your target market's fingertips. Maximize exposure with our social networking tools. We have website admin on staff to constantly update social media — we get the news out fast to our clients about the hottest specials, deals and rumours in town. We provide a vehicle for promotion of value ad marketing; not a generic ad, but an invitation to the festivals, events, dining,. excursion & experiences of the region. Lq 0 Aff- 1 r,1ARRTNL SHIP OPPORTUNITIES O `UNITIES AT MARKET SQUARE s Market Square Believes in... �- °'' Putting "Fun" back in Fundraising Every single event that is offered at Market Square is provided at no charge to the community and/or receives 100° of its proceeds directed to a charitable organization. Following is a mere sampling of some of the charities aned events that have been organized and executed by Market Square. _3hwe6v �Uhr�bu�� ta: ?6'i ti —. Boys & Girls Club of Saint Jahn Market Square Supports: • A Day In Her Shoes • Aboriginal Festival • AIDS Saint John • Alzheimer's Society • Arthritis Society • Board of Trade Golf Tournament Buskers on the Boardwalk • Canadian Cancer Society • Canadian Mental Health Association Canadian Red Cross • Children's Wish Foundation • CNIB • Coldest Night of the Year • Do -it- for -Dad Walk • Earth Day Events • East Coast Music Awards • First Nations Festival • Fringe Festival • Greyhound Adoption • Harvesting the Arts Festival • Heart and Stroke Foundation • Heritage Festival • IWK Telethon • Kidney Foundation Marathon By the Sea NB Music Awards • NB Pulmonary Hypertension Society • Oceans Day By The Bay Red Triangle a Romero House • Rotary Club of Saint John • Saint John 225 Saint John Boys and Girls Club Saint John Regional Hospital Foundation Cardiac Walk • Saint John Regional Library • Saint John's Next Top Model Salty Jam Music Festival Shinerama • St. Patrick's Day • United Way Walk for ALS • Walk to Cure Juvenile Diabetes • Walk for Muscular Dystrophy Warm Up To Winterfest • YM / YWCA PARTNERSHIP OPPORTUNITIES AT MARK DARE i I Tourism in Saint John Excerpt from "Current" Magazine — Tourism Saint John Uptown Saint John's infrastructure is very conducive to a sustainable year -round tourism product. The pedway system, the convenience, quality shopping, recreation, festivals and events as well as cultural opportunities all contribute to a vibrant and successful Uptown. The tourism season creates a big "splash" not only for the Saint John Waterfront, but all over Greater Saint John with conferences, sporting and special events, festivals, cruise ships and much more. — Tourism Saint John — Explorer Excerpt The Friendliest, Fastest Growing Cruise Ship Industry on the East Coast 2014 promises to bring many cruise ship passengers and crew to Uptown Saint John with ships calling regularly from the beginning of June until the end of October. lam :Ai Tf C�2Si--11P''C �"PO TLJi 1TIE �` �vS I� �E ' LjA Li Where Urban Chic Meets East Coast Charm Saint John is a place where an unexpected, one -of -a -kind experience awaits with distinctive venues and unique delegate activities, featuring our convenient "Inside Connection" pedway, colourful history, Maritime hospitality and natural beauty of the Bay of Fundy. - Venue Saint John I� s Meetings and Conventions Saint John has long been considered a world -class "City of Business" and has emerged as leader in the year -round national meeting, convention and sport event business. The City offers one -stop event shopping with venues ranging from the Saint John Trade and Convention Centre, the NB Museum, The Aquatic Centre, Harbour Station, various hotels and Market Square's Atrium. All are linked via a climate - controlled indoor pedway system to shops, hotel accommodations, entertainment and restaurants. Discover Saint John, the 'city's meeting convention and sport event marketing partnership remains a leader in this New Brunswick tourism sector, responsible for soliciting many of the conventions and sport events held in the City each year. For more information on Discover Saint John, visit www.disGoversaintjohn.com We welcome the opportunity to work together to enhance Uptown Saint John and to continue to bring festivals and events to the City's waterfront. Contact Us For further details on our sponsorship opportunities, contact: Heather Peterson — Regional Property Manager One Market Square, Saint John, NB E2L 4Z6 Phone: 506- 658 -3600 Fax: 506 - 658 -3605 E -mail: h peterson @hard mang rou p. ca Website: www.marketsquaresj.com 15 Market Square P.O, Box 1971 Saint John, NB E21.41_1 Letter of Inquiry Monday, March 24, 2014 Dear Mayor and Council: Bullying today is on the rise, and we are all too familiar with the tragic consequences. Countless children are bullied every day and something HAS to be done to combat this alarming trend BullyingCanada is a national organization that provides individual, family and community - (based support related to the issue of bullying in schools and the workplace. As the Co- Executive Director and Co- Founder, I am writing to ask for the City of Saint John's support in the form of a financial contribution. Founded in 2006, BullyingCanada now helps thousands of people across Canada each year. Our programs include: National 24/7 Telephone Network: is a toll -free telephone support service that allows youth, parents, educators and concerned memhers of the public to access up -to -date resources and information about bullying; receives approximately 10,000 calls each month. • Website: is an online portal for support, information and resources; offers tips for parents to give their -children when faced with a bullying situation as victim, bystander or bully; showcases stories and poems written by youth and adults from across Canada; receives approximately 50,000 page views, and 100,000 unique visits every month. • National Scholarship Program: is a national program that recognizes youth who have become community leaders through addressing the issue of bullying in thew schools; Scholarships awarded for post - secondary studies. o Anti - Bullying Day: highlights school and workplace efforts to address the issue of bullying across Canada; national news conference held in Fredericton as the Government of New Brunswick has named December 17th Anti - Bullying Day. • Youth Voices Speaking Program: Executive Directors speak at schools and workplaces across Canada to discuss the importance of anti - bullying; requested several times each week. • Workshops, Presentations and Keynote Addresses: customized to help people understand their roles in creating respectful schools and workplaces; engage participants to think about how they can make their environment better and Improve life for everyone. In order to meet the growing demand for our services, we need the support of Municipalities like the City of Saint John today. BullyingCanada is a registered national charitable organization with a Head Office in Fredericton, NB and second office located in Listowel, ON. The organization operates solely on contributions received from private and corporate donations, fundraising events and from its national volunteer network. Executive Director Rob Frenette, O.N.B. Phone. (877) -352 -4497 EXT 203 1 Fax: (866)- 780 -3592 BullyingCanada INC 1 471 Smythe Street j �PC BOX 27009 1 Fredericton, N.B. I E3B 9M1 We play a crucial role in ensuring Canadians have up -to -date information about how to deal with bullying, but there is so much more that we want to do. Bullying plays a significant role in the lives of too many Canadians and continues to make headlines across the country. People who are bullied become afraid to go to school or work; they struggle with their studies and can become depressed. Many struggle with suicidal thoughts and many choose to act on these feelings. No one deserves to experience this pain and when the issue is left unaddressed individuals and society as a whole suffer. Your contribution today can help us put an end to bullying tomorrow. Please donate todayl Despite the many Canadians affected by bullying, there remains a gap in the support and education services that are available. Bullying Canada fills this gap. Our clients includes students, parents, educators, employers and employees. No other organization stands on the front lines of Canadian schools to facilitate communication between parents and schools that are working to resolve a bullying situation. We would be pleased, to supply you with local statistics of how our services have helped parents and youth from the City of Saint John, within the last year. While Council can make a general donation to BullyingCanada, you can also choose to support programs that you feel are especially important, or give to the program or service that is most in need of funding. However you make your contribution count, you will be helping those affected by bullying in your own community. Please support Bullying Canada and help us build stronger communities. We would be pleased to provide you with a detailed Case for Support and Financial Statements for your review. If you have any questions, please contact me directly by telephone at 1 -577- 352 -4497 ext. 203 or by e- mail at Rob.Frenette @LullyiiigCanada.ca If you require a Donation Request Form please contact BullyingCanada at your discretion. Unless you wish to remain anonymous, we would be pleased to place the City of Saint John's logo on our online Donor Honour Roll and that logo linked to your web site. If the City of Saint John were to become the major sponsor of any program your name would he linked to that program :wherever appropriate. The Municipality expect to receive your Qualified Donor Receipt within seven days of our office receiving your donation. Thank you for your support! Sincerely, Rob M. M. Frenette, O.N.B. Co- Executive Director / Co- Founder BullyingCanada Inc, 193 4 April 2014 City ofSaint John 15 Market Square P.O. Box 1971 Saint John N.B. E21, 4L1 Re: Rockwood Park Golf Course Report for 2013 golf season submitted pursuant to a Contract between The City of Saint john and Total Golf Management Inc. dated March 45,1999. Dear Common Clerk: Within this annual submission to Common Council, please find a report from Total Golf Management Inc. to the City of Saint John which is being provided in accordance with Article IV(11) and IV(13) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. A single attachment is provided with this letter. Modest fee increases are required to offset increasing costs. It should be noted that the Junior and Student Category membership fees have again not increased in 2014. The proposed fees are extremely reasonable when compared to the fees charged at either similar or lesser facilities in the Province of New Brunswick. TGMI Dopes that this report is received favourably and filed by Common Council and that the proposed golf fees are approved. Respectfully submitted, Gerry Connolly President, Total Golf Management Inc. cc: Andrew Logan 194 TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report 195 Attachment to TGMI Letter dated 4 April 2014 Accomplishments / Enhancements 2013 GolfSeason. TGMI continued to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered each year since 1995 and provides great value. The Program includes: 1) A series of golf clinics and, in some cases, private instruction. 2) An Opening field Day to kick off the golf season once school classes end. 3) A Club Championship whereby Junior Club Champions are crowned. 4) An opportunity to play a lot of golf for a very reasonable annual fee, with few restrictions. There were approximately 24,000 rounds of golf played at Rockwood in 2013. The weather was generally poor (exceptionally wet and cool) but the quality of the turf was extremely good and there were many positive comments regarding the condition of the golf course. PmpasedF- Strucftzm (HSTexlm) GREENS FEES {HST extra] The rack rate of $ 35.40 did not increase in 2013 and will again not increase for the 2014 golf season. Senior, Junior, afternoon and shoulder season fees will be offered at special prices. SEASON PASS FEES (HST extra) Junior (10 -18) Student (attended a university or college full time during the 2013/2014 school year) Young Adult (19 -25) Intermediate Adult (26 -35) Mature Adult (36 -59) Senior restricted (60 +, cannot play before noon on Saturdays and Sundays) Senior unrestricted (60 +) Capital work_] Plans for 2014 2013 2014 $ 283.20 $ 283.20 $ 393.80 $ 393.80 $ 531.00 $ 553.10 $ 668.15 $ 690.30 $ 911.50 $ 933.65 $ 690.30 $ 712.40 $ 814.15 $ 836.30 TGMI has completed several hundred thousand dollars in Capital work at the Rockwood Park golf facilities during it's 19 year tenure at Rockwood. It was decided, however, during contract negotiations in 1999 that there would be no requirement for Capital spending by TGMI during the final 5 years of the agreement. ]Notwithstanding, there are capital projects which require action without too much delay. Plans for completing needed capital work should be addressed either 1) in the contract with the next operator or 2) by the City, if they should choose to operate the golf facilities after TGMI's contract ends on 31 December 2014. 196 15 Attention; Mayor and Council, Each year Corvettes of Southern New Brunswick, in partnership with Brett's, hosts a summer car show. Our show attracts Corvette owners from the Maritimes and New England with over 80 cars of various vintages on display. In the past the show has been held in the parking lot near long wharf, at Exhibition Park and, most recently at Brett Chevrolet Cadillac. During the Mayor's walk around last year he mentioned that it would be nice to have the show in the uptown. This year, the club would like to host the show at a more visible venue in the uptown and respectfully request permission to use King's Square and the surrounding street parking spaces. The show is scheduled for August 9, 2014 from 8am to 4pm. At the close of the show the cars would parade once around the square and then proceed down King Street before departing for their annual cruise and dinner. As part of the show there is typically a food vendor with proceeds benefiting a local charity and displays by Brett Chevrolet Cadillac as the sponsor of the event. The plan would be to park some cars in the Square itself and the remainder in the parking spaces that surround the Square. This would require parking to be restricted prior to the start of the show to ensure availability and some type of traffic control for the departure of the cars. Thank you for your attention to this matter. We look forward to hearing from you. Dorothy Miller, Secretary Corvettes of Southern New Brunswick 25 Vaughan Dr. Nauwigewauk, NB E5N 6T9 197 Sustainable Service Review April 14, 2014 .. • Services and their alignment with Council Priorities • Service delivery model • Historical financial data • Funding Impact of 0% and 2% increase • Staffing changes and requirements • Opportunities and challenges • Budget Impact of Debt and Debt Service Costs • Fleet Management —Bob Russell • Facilities Management — TrevorGamblin 199 IMF �_ 1W SAINT JOHN • The Finance and Administrative Services team enables the delivery of municipal services that are effective and efficient in meeting the needs of our community. • Service delivery focuses on responsible financial management and sustainable life -cycle management of the City's physical assets. 200 Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery f� �_ 1w SAINT JOHN The Financial Management Service team provides Value to the Community through guidance to Common Council, the Corporation and a number of the City's agencies, boards and commissions to ensure that resources are used in a fiscally responsible and sustainable manner. The service is responsible for financial planning, control, and decision - making required for the organization to achieve its financial objectives with respect to service delivery, providing advice and information that helps to ensure that decisions are informed and made in a timely manner. The service also plays an important role in customer service relationships with our citizen's, rate payers, vendors and other interested stakeholders. 4 201 Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery f� �_ 1W SAINT JOHN The Asset Management functions are Enabling Support Services that encompass the processes of selection, maintenance, inspection and renewal of the City's physical assets. The goal is to minimize the whole lifecycle cost of assets that are needed to deliver public services that the community requires. The responsibilities for management of the City's assets are shared by the following areas: - Fleet, - Facilities Management, - Purchasing and Materials Management, - Real Estate, and - Risk Management. 202 SAINT JOHN — In the 2014 Budget approval was given to add positions in Purchasing, Risk Management, and Fleet Management. — In the Purchasing and Fleet Service areas this was the reinstatement of positions eliminated in 2012. — In 2011 the City's external auditor's advised the Finance Committee that staffing levels in the Finance area were not sufficient to permit delivery of financial services on a timely basis or to a level required by operating areas. — The resources required for the services delivered by the Finance and Administrative Services Area will be determined by the level of services that operational areas are directed to provide by Common Council. 203 SAINT JOHN Division Financial Management Materials Management Risk Management Fleet Management Facilities Management Real Estate Total operational areas Assessment Fee Liability Insurance Total City of Saint John Finance and Administrative Services 2010 2011 2012 2013 1,436,149 1,627,874 1,643,884 1,962,447 1,253,279 1,288,377 1,116,528 971,819 (Previously included with Materials Mgmt) 157,977 1,122,664 1,478, 282 1,469,044 1,081,302 1,262,575 1,361,958 1,303,640 1,470,213 332,042 329,331 330,605 371,310 5,406,709 6,085,822 5,863,701 6,015,068 1,137,065 1,182, 640 1,244,474 1,285,071 682,608 603,343 596,597 608,775 7,226,382 7,871,805 7,704,772 7,908,914 Service 204 2014 1,845,817 1,056,147 272,430 1,267,518 1,532,347 259,806 6,234,065 1,278,852 616,557 8,129,474 SAINT JOHN �5 City of Saint John Finance and Administrative Services Service 205 SAINT JOHN 2014 2015 2016 No Increase in 2% Increase in No Increase in 2% Increase in Division Total Budget Budget Budget Budget Financial Management 1,845,817 1,845,817 1,882,733 1,845,817 1,920,388 Materials Management 1,056,147 1,056,147 1,077,270 1,056,147 1,098,815 Risk Management 272,430 272,430 277,879 272,430 283,437 Fleet Management 1,267,518 1,267,518 1,292,868 1,267,518 1,318,725 Facilities Management 1,532,347 1,532,347 1,562,994 1,532,347 1,594,254 Real Estate 259,806 259,806 265,002 259,806 270,302 6,234,065 6,234,065 6,358,746 6,234,065 6,485,921 Service 205 SAINT JOHN — Future service delivery requirements will be dictated by commitments of operational services. — A significant financial challenge is presented by the capital funding requirements of the city's infrastructure and related borrowings to fund this capital. — Fleet replacement and facilities maintenance do have a significant impact on finances of the City and the ability to deliver services. Service 206 IMF �- 1W SAINT JOHN • Municipal borrowings dictated by Section 89 of the Municipalities Act — 89(3)Subject to subsection (4), a municipality shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in that municipality. — 89(4)Subject to subsection (5), where sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative a municipality may borrow the sum authorized by the plebiscite. — 89(5)Subject to subsection (6), no municipality may borrow any money for capital expenditures — (a)where the amount to be borrowed would exceed six per cent of the assessed value of real property in the municipality, or — (b)subject to the terms and conditions prescribed by regulation, where the annual charges to repay the total amount of money borrowed would exceed the percentage prescribed by regulation of the budget of the municipality. — 89(6)The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed. — 89(7)For the purposes of this section any money borrowed by a municipality under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed. • Current policy is to borrow for General Fund Capital Expenditures with a 15 year term — multiple year impact on operating budget. 10 Service 207 SAINT JOHN Buildings -General Fund 89,453,000 Land 138,986,000 Vehicles 26,612,000 Transportation 426,909,000 Water & Wastewater Networks 129,437,000 Water Network 193,120,000 Sanitary Sewer Network 179,182,000 Combined Sewer Network 7,112,000 Total cost - for accounting purposes 1,190,811,000 11 Service 208 SAINT JOHN Charles Gorman Arena Hilton Belyea Arena Stewart Hurley Arena Peter G. Murray Arena (Memorial Field) Lord Beaverbrook Rink Aquatic Centre Pedway Chipman Hill Pedway City Market Pedway Harbour Station Pedway St. Patrick Street Pedway Mercantile Centre Pedway Canada Games Aquatic Centre Carnegie Building Harbour Station Carleton Community Centre Loch Lomond Community Centre North End Community Centre Lorneville Rec Centre Leisure Services Offices Municipal Operations Complex Municipal Operations Garage Leisure Services Maintenance Garage Works East Garage /Offices Works East Salt Building Works North Garage /Offices Works West Storage /Salt Building City Market Coast Guard Buildings Former Synagogue Barbour's General Store Forest Hills Maintenance Depot /Office Peel Plaza Reversing Falls Restaurant Rockwood Golf Country Club Rockwood Park Interpretation Centre Shamrock Park Clubhouse Lancaster Memorial Clubhouse Tourist Information Centre West Fire Department Training Centre & Tower Fire Station #1 Fire Station #2 Fire Station #4 Fire Station #5 Fire Station #6 Fire Station #7 Fire Station #8 209 SAINT JOHN Allison Grounds Washrooms Dominion Park Clubhouse /Canteen Dominion Park Storage building Fallsview Park Washrooms Forest Hills Ball Field /Canteen Fort Howe Blockhouse Kings Square Bandstand Lancaster Memorial Softball Field Scorers Booth / Washrooms Lancaster Memorial Storage Building Lancaster Memorial Hardball Field Scorers Booth Leisure Services Storage Building Mispec Canteen Municipal Operations Gate House Peel Plaza Project Office Public Gardens Greenhouse A Public Gardens Greenhouse B Public Gardens Greenhouse C Public Gardens Maintenance Building Red School House Residence Building 1 Residence Building 2 Residence Building/ Office 1 Residence Building/ Office 2 Rockwood Park A Frame Rockwood Park Horse barn Rockwood Park Storage Building Seaside Lawn Bowling Clubhouse Tilley Square Bandstand Tourist Information Centre, City Hall Lobby r 210 SAINT JOHN 1 /1 General Fund Analysis of Debt and Debt Service Ratio 2008 to 2014 Outstanding Debt 2008 2009 2010 2011 2012 2013 2014 Opening balance $ 52,390,700 $ 58,726,600 $ 73,364,000 $ 79,864,000 $ 102,528,000 $ 103,730,000 $ 103,761,000 Borrowings 14,000,000 22,500,000 15,000,000 31,500,000 11,500,000 10,300,000 20,600,000 Repayments 7,664,100 7,862,600 8,500,000 8,836,000 - 10,298,000 10,269,000 9,228,000 Ending Balance $ 58,726,600 $ 73,364,000 $ 79,864,000 $ 102,528,000 $ 103,730,000 $ 103,761,000 $ 115,133,000 Debt Service Costs 2008 2009 2010 2011 2012 2013 2014 Principal Debentures $ 7,664,100 $ 7,862,600 $ 8,500,000 $ 8,836,000 $ 10,298,000 $ 10,269,000 $ 9,228,000 Other LTD 73,570 73,570 145,896 148,767 78,183 81,286 84,513 Interest Debentures 2,617,622 2,974,894 3,460,512 3,943,894 4,125,130 4,191,547 4,758,790 Other LTD 9,417 11,891 61,726 219,045 313,600 198,125 169,899 Other Debt Charges 93,727 254,783 184,978 345,571 199,537 125,901 420,000 Short -term financing 274,524 176,767 221,043 200,584 142,045 196,183 72,000 Total debt service costs $ 10,732,960 $ 11,354,505 $ 12,574,155 $ 13,693,861 $ 15,156,495 $ 15,062,042 $ 14,733,202 Total Operating Expenditures $ 118,361,926 $ 126,175,260 $ 136,494,644 $ 139,990,771 $ 145,273,299 $ 147,914,458 $ 148,772,180 Debt service ratio 9.070% 9.000% 9.210% 9.780% 10.430% 10.180% 9.900% Service w.ICU r 211 SAINT JOHN Annual Debt Service Costs Municipality 2008 2009 2010 2011 2012 Bathurst 13.40% 14.30% 14.00% 14.10% 14.50% Campbellton 15.00% 14.90% 14.10% 14.40% 13.80% Dieppe 23.70% 22.50% 21.10% 20.60% 18.00% Edmundston 14.00% 13.80% 14.30% 15.80% 16.90% Fredericton 5.70% 7.10% 8.20% 7.80% 7.30% Miramichi 11.00% 11.10% 10.60% 11.00% 10.90% Moncton 15.70% 15.20% 15.30% 15.30% 15.00% Saint John 9.40% 9.70% 9.70% 10.30% 10.80% 15 Service Source: Annual Report of Municipal Statistics for New Brunswick 212 SAINT JOHN 2011 Fleet review completed by Mercury and Associates — report presented to Common Council — December 12, 2011 with adoption of the following resolution by Council: RESOLVED that report dated December 9, 2011 entitled Consultant's Report — Fleet Evaluation Project, and the Executive Summary from Mercury Associates, be referred to the City Manager and Fleet Staff with a directive to report back to Council with: a) The development of a comprehensive fleet utilization and replacement policy, b) The development of a business model that will see the complete recovery by the Fleet Services Division of their operating costs while providing sufficient funding from the annual operating budget to facilitate a stable and sustainable fleet replacement program, c) The development of a Fleet operational model that will support an efficient and effective division that will work cooperatively with the user departments to provide them with the information they need to determine the most cost effective levels of service they can provide with the available assets, and d) To create a process for the periodic review of the size, configuration and effectiveness of the fleet related to service delivery. 213 SAINT JOHN Sustainable Service Review April 14, 2014 214 • The City of Saint John owns, operates and, manages a fleet of 350 vehicles and equipment, including an additional 800 small engine equipment assets provided to various City of Saint John departments who deliver vital services to the community. Fleet Management, who are responsible for vehicle maintenance, vehicle acquisitions and vehicle asset disposals, includes a team of 34 management, technical and administrative professionals who provide front line departments with their vehicle and equipment needs on a year round, 2417 basis. Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery f� �- 215 SAINT JOHN 19 The primary mission of Fleet Management is to maximize the availability of vehicles and equipment so departments productively support the priorities of Council. Accordingly, a key goal for Fleet Management is the provision of suitable vehicles and equipment which are safe to operate, reliable, and available when needed. An equally important aspect of Fleet Management is to provide vehicles and related services to their customers efficiently — at the lowest reasonable cost. Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery f� �- 216 SAINT JOHN 217 SAINT JOHN Key Performance Indicators on of Indicator 2011 1 2012 2013 2014 (YTD)* How Much? Annual Vehicle /Equipment Maintenance Services (Processed Orders) Annual Vehicle and Equipment Acquisitions /Disposals Annual Fuel (Diesel) Purchased (Litres /$) Annual Fuel (Gas) Purchased (Litres /$) Annual Vehicle Rentals (Units /$ How Well? Annual Vehicle /Equipment Maintenance services (Processed Orders) Annual Vehicle and Equipment Acquisitions /Disposals Annual Fuel (Diesel) Purchased (Litres /$) Annual Fuel (Gas) Purchased (Litres /$) Annual Vehicle Rentals (Units /$) s 2015 Resource Requirements • Key Assumptions: Staff recommendation to and, adoption by, Common Council of Mercury Associates. Inc. "Fleet Operations Assessment" and "Fleet Right- Sizing Opportunities ". • Potential Barriers: Common Council approval and if approved, departmental acceptance and co- operation, limited Fleet staff resources and, financial constraints. Fleet Services • Departmental Needs — Implement a SharePoint "Fleet Services Job /Work Order Requests" to include repair status and reporting for each of Fleet operational sites; • Rothesay Avenue, • McAllister Drive, • Maclntosh Street and, • Adelaide Street. — Report monthly summary reports of established Fleet Management KPIs and key fleet statistics to departmental Management and staff levels, — Create a Fleet Advisory Board — Develop a comprehensive, proactive customer relationship management program, — Complete installations of asset Automatic Vehicle Locator hardware — When warranted, inspect and develop a cost benefit analysis to refurbish truck dump bodies — Support the organizational "Pre- Operational Vehicle Inspections — Operator Requirements" 219 SAINT JOHN 2015 Resource Requirements • Internal Fleet Services Process Imarovements — Replace HTE Fleet deficiencies with a new Fleet Management Information System (FMIS), — Establish new Key Performance Indicators (KPIs) for maintenance response time, overall project completion time, estimates vs. actual costs, accounts receivable, customer satisfaction, — Revise and implement the Fleet Preventative Maintenance Program, — Continue the development of Standard Operating Procedures (SOPs) for functions within Fleet Services, — Implement a formal fleet training program for Management and Staff based on industry recognized certification programs (i.e. NAFA CAFM /CAFS or APWA certification), — Improve Fleet 5 *22 accountability status, — Create individual "Business Units" and establish corresponding service based budgets for: • Mechanical Shops, • Welding and Autobody Repair, and • Tires 220 IMF �- 1W SAINT JOHN 2015 Resource Requirements Fleet Administration • Establish departmental "Fleet Service Level Agreements (SLAs), • Establish annual Fleet Management business plans and reports, • Establish a 20 year Strategic Vehicle Replacement Program to; — optimize the life cycle of vehicle and equipment assets, — identify the relative annual capital funding requirements and, — maximize vehicle and equipment asset residual values, • Establish and implement a revised internal Vehicle Rate Fee program, • Establish the governance and administration of optimizing "Fleet Utilization" (i.e. alternative transportation, vehicle needs analysis, etc.), • Re- assess the proactive Fuel Management (FM) program, • Re- assess the Vehicle Rental Management (VRM), • Continue establishing Standard Operating Procedures (SOPs) for functions within Fleet Admin,, • Continue vehicle and equipment inventory control to meet Public Sector Accounting Board (PSAB) requirements and to support asset management 221 SAINT JOHN 2016 Resource Requirements • Key Assumptions: Mercury Associates. Inc. "Fleet Operations Assessment" and "Fleet Right- Sizing Opportunities" implemented. • Potential Barriers: Departmental co- operation, limited Fleet staff resources and, financial constraints. Fleet Services • Departmental Needs — Monitor and report SharePoint "Fleet Services Job /Work Order Requests" activity. — Monthly Fleet Management KPIs and key fleet statistics summary reports to departmental Management and staff levels, — Fleet Advisory Board activity — adopted motions, implemented recommendations and reporting, — Customer relationship management program results, — Automatic Vehicle Locator hardware installs continue, — Utilize Pre - Operational Vehicle Inspections for Preventative Maintenance Program I Mr �_ 222 SAINT JOHN 2016 Resource Requirements • Internal Fleet Services Process Imorovements — New Fleet Management Information System (FMIS), — Reporting Key Performance Indicators (KPIs) of maintenance response time, overall project completion time, estimates vs. actual costs, accounts receivable, customer satisfaction, — Revised Fleet Preventative Maintenance Program operational and responsive, — Industry recognized certification programs (i.e. NAFA CAFM /CAFS or APWA certification) for Fleet Managers and Staff ongoing — Individual "Business Units" and corresponding service based budgets implemented for each of; • Mechanical Shops, • Welding and Autobody Repair, and • Tires 223 � �- 1W SAINT JOHN 2016 Resource Requirements Fleet Administration • 20 year Strategic Vehicle Replacement Program approved and implemented • Internal Vehicle Rate Fee program implemented, • "Fleet Utilization" (i.e. alternative transportation, vehicle needs analysis, etc.) SOP adopted to optimize vehicle and equipment distribution, • Fuel Management (FM) program revised, • Vehicle Rental Management (VRM) revised, • Standard Operating Procedures (SOPs) for functions within Fleet Administration revised and implemented, • Continue vehicle and equipment inventory control to meet Public Sector Accounting Board (PSAB) requirements and to support asset management 224 IMF �- 1W SAINT JOHN Sustainable Service Review April 14, 2014 225 • Sound facility management practices support the effective and efficient delivery of City services, ensure public safety, and improve accessibility and functionality of City -owned buildings • Manage risks associated with compliance with Federal and Provincial legislation • Vital to the protection of over $115 million in building assets • Reduce operational expenses through the implementation of sustainable energy management strategies 29 Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery f� �_ 226 SAINT JOHN 30 Allow operations to focus on the provision of services rather than dealing with facility issues Value to the community is related to the service or services delivered in the facilities or by the departments operated out of the facilities Council's Priorities ❑ Economic Health ❑ Community of Choice ❑ Sustainable Infrastructure ❑ Citizen Focused Service Delivery � �- 227 SAINT JOHN • Identification and prioritization of maintenance and capital renewal requirements • Management of routine and preventative maintenance programs • Development, implementation, and management of capital renewal projects • Identification and management of energy reduction strategies • Completion of comprehensive analysis for space optimization, changing functional / operational needs, feasibility studies, and life cycle renewal of existing and proposed facilities • Negotiation and administration of approximately ten (10) third -party license, lease, management, and /or operating agreements 31 228 IMF �_ 1W SAINT JOHN • Management of over 20 standing offer agreements for maintenance services with external Contractors and /or other service providers • Day to day operational management of the Saint John City Market, including: — Negotiation and administration of over 20 long term leases — Administration of 60 -80 temporary occupancy agreements annually — Merchant / tenant relations — Marketing and promotions — Managing accounts receivable and accounts payable — Process and policy development 32 229 IMF �- 1W SAINT JOHN 33 Comply with Federal and Provincial legislation including, but not limited to: — New Brunswick Building Code Act — National Fire Code of Canada — Fire Prevention Act — Occupational Health and Safety Act — Boiler and Pressure Vessel Act 230 — Electrical Installation and Inspection Act Plumbing Installation and Inspection Act — Elevators and Lifts Act — Heritage Conservation Act — Clean Environment Act IMF �- 1W SAINT JOHN • Manage maintenance, capital, and operational requirements of approximately 80 City -owned buildings 34 — Community centres — Arenas — Operations garages — Administrative buildings — Fire stations — Pedways — Heritage and cultural buildings — Park ancillary buildings — Police Headquarters — Tourist information centers and destinations — City Market — Vacant buildings • Approximately 750,000 sq.ft. of area • Average age of 30 years • Replacement value ^'$115M 231 IMF �_ 1W SAINT JOHN 0 35 SJ Water facilities — 50+ water and wastewater treatment facilities and auxiliary buildings — Replacement value "'$60M (excluding process equipment) — Historically not managed by FM Agencies, Boards, and Commissions (ABCs) — Canada Games Aquatic Centre, Lord Beaverbrook Arena, Harbour Station, Trade and Convention Centre, SJ Transit Facility, SJ Parking Commission Garage, Market Square — Buildings owned by the City — Replacement value f0$150M — Only peripheral involvement of FM 232 � �- 1W SAINT JOHN • Staff make -up: — Four (4) Facility Management Technologists — Eight (8) Journeyman Carpenters — Five (5) Building Maintenance Personnel — Energy Manager — City Market Manager — One (1) Support Staff • Annual averages — 1,600 work orders per year — $1.2M in maintenance expenditures per year — $1.6M in capital expenditures per year 36 233 IMF �_ 1W SAINT JOHN $4,000,000 $3,500,0D0 $3,DOO,ODO $2,500,000 $2,000,000 $1,500,0D0 $500,000 HISTORICAL L 11M .I iTE ICE AND CAPITAL FACILITY EXPENDITURES (uninflated) CD CD C) CD CD 70% of maintenance plume is "reactive" MAINTENANCE CAPITAL - - - MAINTENANCE TREND - - - CAPITAL TREND � �- 37 Service 234 SAINT JOHN $3,500,000 $3,O,0 $2,500,00 $2,000,000 $1,500,000 1,000,0D0 $500,DOO HISTORICAL MAINTENANCE CE AN CAPITAL L FACILITY EXPENDITURES (uninflated) Q Q Q 0 N N N N N cli N N c *1 4 xl I o Approx. $2.4M - (MAINTENANCE CAPITAL - - - - - - MAINTENANCE TREND - - - - - - CAPITAL TREND S& Service 235 SAINT JOHN I I I I Q Q Q 0 N N N N N cli N N c *1 4 xl I o Approx. $2.4M - (MAINTENANCE CAPITAL - - - - - - MAINTENANCE TREND - - - - - - CAPITAL TREND S& Service 235 SAINT JOHN • Industry standard benchmarking tool used as a relative indicator of condition for facilities • Lower FCI is better FC1 - Cumulated Renewal Costs Total Current Replacement Value FOCI < 5% = Excellent f =CI 5 - 10% = Good FCI 10 -15% =F ll' FCI > 15% = POO" 236 SAINT JOHN 45.0 40.0 35.0 30.0 25.0 C' 20.0 15.0 10.0 5.0 d LL 0.0 FACILITY NDITI I INDEX (FCI) FCI < 5% = Excellent by Facility Ty p e FCI 5 -10% = Good 40.3 FCI zo - x5% = Fair FCI > 15% = Poor 30.6 26.9 28.4 20.5 210 23.8 .. 7% 9'% _ % 17.1 4. Facility Condition Index {FCI} f-2013 Maintenance Funding as a Percentage of Replacement Cost "Best practice is to fund facilities at 2 -4% of replacement cost per year 40 Service 237 IN 5.0 z E 4.0% D LL 3. z d z 2.096 � a 1.0% M 0.0 6 c [Y IMF SAINT JOHN *Includes Police HQ 35.00 30.00 a 25.00 C O 20.00 O U U 15.00 m LL 10.00 11 Facilty Condition Index vs. Year - All City of Saint Jahn Owned Buildings $2,OOa,o0o.00 $1,800,000.00 $1.600,000.00 $1,400, 000.00 $1,200,000.00 $1,000, 000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 0.00 I IF IF IF I I I I I I I I I I I I I I I I I I I I I ! $0.00 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039 2041 2043 41 Service 238 � FCI — Annual Budget FCI < 5% m Excellent FCI 5 - 10% = Good FCI ro - i0o = Fair FCI > 15% = Poor �i SAINT JOHN *Excludes Police HQ U8119187 35.00 30.00 x v 25.00 C 0 20.00 0 0 15.00 m LL Mr-81 Facilty Condition Index vs. Year - All City of Saint Jahn Owned Buildings $2,ODD, ODO.OD $1,800, 000.00 $1, 6 D0, 000.00 $1,400,000.00 $1, 200, 000.00 $1, 000, 000.00 $8DO,DOO.DO $6D0,000.D0 $4DO,D00. DO $2DO,D00. DO O. DO—!— !— !— !— !— !— !— !— !— !— !— !— !— ! —! —! —! ! .�.—! ! —! . . . : -1 —! —� $0.00 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039 2D41 2043 42 Service 239 FCI Annual Budget FC1 E 5% = Excellent FC1 5 - 10% = Good FC1 10 - 15% = Fair FC1 > i5 %p = Poor SAINT JOHN *Includes Police HQ 40.00 35.00 30.00 x a = 25.00 C 8 C 20.00 0 u U 15.00 w LL 10.00 11 Facilty Condition Index vs. Year - All City of Saint John Owned Buildings $3,500, 000.00 $3,000, 000.00 $2,500, 000.00 $2,000,000.00 $1,500,0047.00 51,0D0,000.00 $500,000.00 0.041 !� � ■— �_.�_� —� � ■ —� * -1L � ■ � � ■���� � � � —� m m ■ ■ J" $0.00 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039 2041 2043 43 Service 240 � F CI — Annual Budget FC[ < 5% = Excellent FC[ 5 - ia% = Good FC[ 10 - 15% = Fair FC I > 15'X) = Poor SAINT JOHN • Reactive versus preventative maintenance • Current capital renewal backlog " $20M • Annual funding for maintenance is below best practices of 2-4% of replacement cost • Annual capital funding is below what is required to address backlog and future needs • Building portfolio has increased with evolving operational needs (e.g. Police HQ, West Works, etc.) • Not in full compliance with legislative requirements established for asbestos management, fire safety, and environmental practices • SJ Water and ABC facilities not within the scope of the service area 44 241 IMF �- 1W SAINT JOHN • Unbudgeted expenses in 2013 • Chipman Hill Pedway ($230K) — Windows surpassed service life and failed • Lord Beaverbrook Arena ($175K) — Preventative maintenance not completed on sprinkler and fire alarm • Aquatic Centre ($135K) — Boiler surpassed service life and failed • City Market Head Tower ($100K + +) — Windows, heating distribution surpassed service life - line froze and broke • Carleton Community Centre ($20K) — Windows surpassed service life causing sprinkler line to freeze and break 242 • City Market Head Tower ($36K) — Collapsed pipe causing sewer backup • City Market Hall ($13K) — Clogged lines causing sewer backup - preventative maintenance not completed • Loch Lomond Community Centre ($16K) — Building demolished due to lack of maintenance and capital renewal Mispec Park Canteen ($5K) — Building demolished due to lack of maintenance and capital renewal Total = $730,000+ IMF SAINT JOHN Maintain Current Service Level in both 2015 and 2016 2015 Resource Requirements Implementation Considerations Personnel to manage Asbestos Management and Fire Safety • Key Assumptions: Personnel would be dedicated to Programs development and implementation of these programs • Potential Barriers: Budget increase required 2016 Resource Requirements Implementation Considerations Additional personnel to manage preventative maintenance • Key Assumptions: Council approval of new position programs . Potential Barriers: Budget increase required 243 SAINT JOHN 2% Increase in both 2015 and 2016 2015 Proposed Changes Community Impacts Impacts: Other Services Resource Changes • Reduce OT in the Carpenter Shop by 13% • Service interruptions • Service interruptions • Potential • Reduce maintenance budget for the City . Temporary facility • Temporary facility elimination of six Hall by 26% OR renegotiate contract for closures closures month casual reduction in City Hall space and /or rent • Increased safety risks • Increased safety risks position • Reduce maintenance budget for the City Market by 9% OR reduce special programs • Reduction in programs • Reduction in capacity to by half available at City Market perform maintenance and carpentry services • Reduce maintenance budget for Facility Management buildings by 9% OR eliminate six month casual employee • Reduce maintenance budget for the Police HQ by 5% 244 SAINT JOHN 2016 Proposed Changes Community Impacts Impacts: Other Services • Eliminate one vehicle from Carpentry fleet • Service interruptions • Service interruptions OR reduce OT by 26% • Temporary facility • Temporary facility • Reduce maintenance budget for the City closures closures Hall by 50% OR renegotiate contract for . Increased safety risks • Increased safety risks reduction in City Hall space and /or rent • Reduce maintenance budget for the City • Reduction in programs • Reduction in capacity to Market by 11% OR reduce special available at City Market perform maintenance programs by two - thirds and carpentry services • Reduce maintenance budget for Facility Management buildings by 16% OR eliminate six month casual employee and reduce maintenance budget for Facility Management buildings by 5% • Reduce maintenance budget for the Police HQ by 10% • Key Assumptions: N/A • Potential Barriers: None anticipated • Projected Timelines: 1 year 245 Resource Changes • Potential elimination of six month casual position SAINT JOHN 0% Increase in both 2015 and 2016 2015 Proposed Changes Community Impacts Impacts: Other Services Resource Changes • Eliminate one vehicle from Carpentry fleet • Service interruptions • Service interruptions • Potential • Reduce maintenance budget for the City g Y . Temporary facility • Temporary facility elimination of six Hall by 77% OR renegotiate contract for closures closures month casual reduction in City Hall space and /or rent position . Increased safety risks • Increased safety risks • Reduce maintenance budget for the City Market by 16% OR eliminate special • Reduction in programs • Reduction in capacity to available at City Market perform maintenance programs and carpentry services • Reduce maintenance budget for Facility Management buildings by 26% OR eliminate six month casual employee • Reduce maintenance budget for the Police HQ by 15% 246 SAINT JOHN i% Increase in both 2015 and 2016 2016 Proposed Changes Community Impacts Impacts: Other Services Resource Changes • Eliminate one vehicle from Carpentry fleet • Service interruptions • Service interruptions • Potential and reduce OT by 15% . Temporary facility • Temporary facility elimination of • Renegotiate contract for reduction in City closures closures two (2) FTEs Hall space and /or rent . Increased safety risks • Increased safety risks • Reduce maintenance budget for the City . Reduction in programs • Reduction in capacity to Market by 24% OR eliminate one FTE available at City Market perform maintenance • Reduce maintenance budget for Facility and carpentry services Management buildings by 48% OR eliminate one FTE • Reduce maintenance budget for the Police HQ by 30% Implementation . .- • Key Assumptions: N/A • Potential Barriers: Ability to open up and negotiate the City Hall Lease Agreement • Projected Timelines: 1 year 247 SAINT JOHN ,y r, Questions? SAINT JOHN What does this mean in terms of the Sustainable Service Review: - the basic services are in functioning, at best, on a sustainable basis - need to manage debt which is linked to capital spending which in turn is linked to the delivery of services - need to invest in our facilities portfolio — failure to do so puts upward pressure on maintenance costs in the operating budget - need to optimize the size of the fleet which is linked to the level of service Common Council wants to provide to the community. What about reductions in these areas: - Smaller fleet - Fewer buildings - Lower borrowing All of these are directly linked to services and the City's ability to deliver service! Sustainability means a balanced allocation of resourcesl 51 Service SAINT JOHN Acquisition /implementation of asset management software Staffing in fleet services area Report back to Common Council on recommendations in the Mercury Inc. report Multiple year debt projections and debt management policy Budget sufficient funding for City owned facilities 52 Service SAINT JOHN REPORT TO COMMON COUNCIL April 7, 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: The Originals — Street Closure Request City of Saint John The organizers of the Originals Art Festival are requesting that certain sections of uptown streets be closed on the afternoon and evening of ,dune 14'h in order to host an `Art after Dark' event. In order to effect the street closures it is necessary to prepare a bylaw amendment. Staff from Fire, Police and Municipal Operations will also be required to coordinate their activities with the event organizers. This is a reasonable request that will support the arts community and help to promote activity in the uptown area. Recommendation That Common Council approve the request and direct the City Manager and appropriate staff to prepare the necessary bylaw amendments. Respectfully submitted, k i I atrick Woods, CGA City Manager 249 ALS April S, 2014 Attention: Pat Woods, City Manager, City of Saint John RE: Street Closure Request (June 14, 2014) for The Originals 2014—Permission letter required Please find below a request for street closures for a new festival event to be held on Saturday, June 14, 2014. We have been working with both Jonathan Taylor and Scott Brittain from the City on the required procedure and have together talked and worked our way through some of the anticipated procedural considerations that this request will bring. Many of the questions and issues that may come up as a result of this request may be addressed in the information below. Please let me if you require additional information in order to proceed with filing a report and recommendations to Council. Understanding that this will require a three reading process by Council, we hope to have the appropriate permission granted by the City by the end of April as are working on a restricted timeline in order to meet the minimum 30 day timeline required by the provincial government for process of appropriate liquor licensing. Many thanks for your assistance in this matter. On behalf of The Originals Advisory Committee, / / Beth Richardson, Event Producer Pretzel Productions cc: Sara Mudge, Chair, The Originals Advisory Committee Jodi Kliffer, Chair, Art after Dark Committee 250 Event Background The Originals, a new 2 day festival of the arts on June 13 & 14, 2014, is an initiative of the Saint John Community Arts Board. The Board, appointed by Saint John Common Council, was put in place to actively support the development and growth of arts and culture within the Saint John community. First launched in 2010, alongside the Saint John 225 festivities, The Originals was created as an arts awards ceremony to showcase and honor the artists of the greater Saint John area. The event was repeated again in 2012. Now, in 2014, The Originals are moving to a new and exciting format, were community engagement and audience development are the focus. The Originals — re- imagined for 2014 National - calibre artists, creative professionals, up- and - comers, and dabblers of all kinds: Saint John is a community brimming with creativity and artistic expression. Capturing that energy, and using it as an engine for development, is a process of discovery, development and celebration. A two -day festival honouring the art and artists of Greater Saint John -- with a schedule of events and activities designed to engage and inspire the whole community — the Originals will expand our horizons, reframe our perspective, and tap into the power of our collective creativity. The Originals 2014 is driven by four signature events — the Shortlist Showcase, Art for All, the Arts Awards, and Art after Dark — and an ever - expanding list of things to do, try, and explore. Request to City The Originals Advisory committee is seeking permission of the City of Saint John for street closures for the evening of Saturday, June 14 for our Art after Dark event. The Art of Dark celebration features music, art installations, live performances, and food and drink under the stars. Proposed time for the event is approximately 8:00pm —midnight although event set -up will begin earlier in the day. We are requesting closure beginning at 3:00pm. We will prioritize the tear down in streets first and that streets could be re- opened by approximately 2:00am. Teardown and clean -up in other areas such as parking lots could be completed after so as not to affect traffic longer than necessary. The streets we are requesting to be closed to traffic are as follows: *Canterbury Street (King to Princess) *Grannan's Lane (Prince William to Germain) *Princess (Prince William to Canterbury) 251 Liquor licensing and serve of alcohol We will be working with local bars and restaurants with the street closure area to extend their liquor licences to enable patrons to take alcoholic beverages out into the designated festival street areas. There will be a restriction on the part of vendors to serve all beverages in plastic glasses (no beer bottles or glasses, etc.) and ensure that any beverages served in a glass is transferred to a plastic cup if people go outside. We will ensure that activities are consistent with all applicable legislation and regulations (provincial or federal). We have not planned for sale outside of the licenced bars or patio areas. in order to apply to the Province for the appropriate liquor licencing, we need a zoning confirmation to include with our application to the Province. It is our understanding that this process will require Council approval after a series of three readings. Other Considerations Event insurance As an initiative of the Saint John Community Arts Board, the event is covered by the existing City of Saint John insurance policy and that no additional insurance is required. We will have each of the participating licenced established provide to the city a copy of their own insurance policies to the City. Security and safety We have spoken with Sgt. Jeff LeFrance and will be working with the Saint John Police, Salvage Corps and Fire Chief once permission has been granted to create a plan to restrict access , identity fire risks, and provide security (SJ Police as well as private security if necessary) to the streets outlined above. Additionally, St. John Ambulance has been contacted to provide first aid coverage for the event. Request for city services We will work with City representatives and appropriate departments to address additional issues such as barricades, waste disposal and recycling, as well as street cleaning. For additional information or for questions, please contact Beth Richardson, Pretzel Productions at 593 -2002 or pretzel@ nbnet.nb.ca 3 252 REPORT TO COMMON COUNCIL M &C- 2014 -43 April 8, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: License Agreement with Beavertails (food Vendor) in Waterfront Area BACKGROUND: Common Council at its meeting of April 22, 2013 approved the operation of the Beavertails mobile unit on City owned property, subject to the following terms and conditions: 1. Beavertails is responsible for all connection and operational costs associated with electrical power, water and drainage; 2. Beavertails submits post -dated cheques, due on the 1St of each month, for the duration of the season based on a monthly rate of $400.00; 3. Beavertails is responsible for the daily cleanup of related debris within a 30 -foot radius of the mobile unit; 4. Only the Beavertails mobile unit is permitted in the designated area (no passenger /cargo vehicles); 5. Beavertails adheres to any /all regulations according to CIA; and 6. Beavertails understands the duration may be extended and /or reduced, up to 15 days by Saint John Waterfront Development. The resolution of Council also addressed the desire for both Saint John Waterfront Development and The City of Saint John to provide public notification of sites presently available for lease for mobile vendors. Council also resolved that individuals that have applied to the City for a vendor site license be contacted by staff and to advise them of any available land for lease for a mobile unit. 253 M &C- 2014 -43 -2- April 8, 2014 ANALVSTS Saint John Waterfront Development manages and maintains the City owned lands included as part of the Loyalist Plaza. As noted in the Background of this report, terms and conditions were negotiated last year for Beavertails mobile unit to be placed near the Little Red Schoolhouse. Saint John Waterfront Development has once again negotiated terms and conditions for this season which are set out in the attached License document that has been prepared by the City's Legal Department. If Council is in agreement, the following recommendation will facilitate Beavertails mobile unit to once again be in operation for the season of 2014 on City owned property. RECOMMENDATIONS That the City enter into a License agreement with Beavertails Commercial Inc. and Parent and Sons Investment Ltd. in the form and upon the terms and conditions set forth in the License Agreement attached to M &C 2014- 43, and further 2. That the Mayor and Common Clerk be authorized to execute the said License Agreement. Respectfully submitted, rt is Langille, BA Real Estate Officer u r /Gregory Yeo- ans, CGA, MBA Commissioner' Finance av(d Administrative Services Attachment CL /c 254 ��rvingp, BB, Manager Real Estate ck Woods, CGA City Manager THIS LICENCE made in duplicate as of the day of April, 2014. 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 — BEAVERTAILS COMMERCIAL INC., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Montreal in the Province of Quebec, and PARENT AND SONS INVESTMENTS LTD., 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 collectively called the "Licensees ", OF THE SECOND PART RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands "); AND WHEREAS the Licensees wish to operate a BeaverTails mobile unit in the northeast corner of the Lands highlighted in red on Schedule "A" (hereinafter the "Licensed Area "); AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE. THIS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensees to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensees to enter into and upon and exit from the Lands for the sole purpose of using the Licensed Area to set up and operate a 255 Licence Agreement The City of Saint John and Beavertails Commercial Inc. Page 2 of 4 BeaverTails mobile unit for the term of this Licence, on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for a period of four and one -half (4%2) months, commencing April 15, 2014 at 12:01 a.m. and ending August 30, 2014 at midnight (the "Term "). 2. The Licensees shall pay to the Licensor for the privileges herein granted the following amounts on the dates specified: (i) Four Hundred Dollars ($400.00) on April 15, 2014; (ii) Four Hundred Dollars ($400.00) on May 15, 2014; (iii) l=our Hundred Dollars ($400.00) on June 15,2014; (iv) Four Hundred Dollars ($400.00) on July 15, 2014; (v) Two Hundred Dollars ($200,00) on August 15, 2014. 3(1). Provided that the Licensees are not in default, the within Licence renews monthly automatically for two (2) periods of one (1) month, the last renewal period ending on October 31, 2014, unless either party gives fifteen (15) days notice, in writing, to the other that the Licence shall terminate. 3(2). The Licence fee for each renewal period of one (1) month shall be Four Hundred Dollars ($400.00) to be paid on the first day of each renewal period. 4. The Licensees agree and acknowledge that there is a pending Development on the Lands. 5. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensees in the event that the Licensees shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 6. 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 Licensees. 7. The Licensees hereby covenant and agree with the Licensor as follows: a) that they shall only use the Licensed Area for the set up and operation of the BeaverTails Mobile Unit for the sale of food products; b) that they shall pay for all connection and operational costs associated with electrical power, water and drainage for the BeaverTails Mobile Unit and for the disconnection of same upon completion of the Term; c) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 1:00 a.m. daily; 256 Licence Agreement The City of Saint John and Beavertails Commercial Inc. Page 3 of 4 d) that only the BeaverTails Mobile Unit is permitted in the Licensed Area (no passenger /cargo vehicles); e) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the BeaverTails Mobile Unit clean and tidy at all times and clean up daily in the immediate area surrounding the BeaverTails Mobile Unit. Clean up shall include the disposal of anylall debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the BeaverTails Mobile Unit; h) that they 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 Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross - liability clause; i) that they shall, on or before April 15, 2014, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 8. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensees. 9. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area. 10. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 11. Notwithstanding any clauses herein, the Licensees 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 Licensed Area and BeaverTails Mobile Unit pursuant to the within Licence or anything done or 257 Licence Agreement The City of Saint John and Beavertails Commercial Inc. Page 4 of 4 purported to be done in any manner hereunder, except for damages caused by the City's negligence. THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: .2014 BEAVERTAILS COMMERCIAL INC. Per: PARENT AND SONS INVESTMENTS LTD. Per: Per: r CD 0 rn W OD C7 �JJ 3 259 E ^U3 �AA a PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, BRIAN PARENT, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the President of Parent and Sons Investments Ltd., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit. 2. That Parent and Sons Investments Ltd. does not have a corporate seal. 3. That the signature `Brandon Parent" subscribed to the said instrument is the signature of Brian Parent, the Vice President of the said Parent and Sons Investments Ltd. and the signature "Brian Parent" is my signature and myself as President and Brandon Parent as Vice President are duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John, in the Province of New Brunswick on the day of April, 2014 SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of .2014. Commissioner of Oaths Being a Solicitor BRIAN PARENT M CANADA PROVINCE OF QUEBEC I, , of the City of Montreal, in the Province of Quebec, MAKE OATH AND SAY: 1. That I am the of Beaver Tails Commercial Inc., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Montreal aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit. 2. That Beaver Tails Commercial Inc. does not have a corporate seal. 3. That the signature " " subscribed to the said instrument is my signature and as of Beaver Tails commercial Inc. I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Montreal, in the Province of Quebec on the SWORN TO before me at the City of Montreal, in the Province of Quebec, this day of .2014. Commissioner of Oaths Province of Quebec day of April, 2014. 261 KI a April 10", 2014 Deputy Mayor and Councillors Subject: Shamrock Park Artificial Turf Field The Committee of the Whole, having met on March 31, 2014, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that: (a) Common Council approve the submitted text of the Shamrock Park New Field Naming Agreement, the tent of which accompanies the City Manager's correspondence in this matter to Common Council, dated March 31, 2014; and (b) That the Mayor and Common Clerk be authorized to execute the Shamrock Park New Field Naming Agreement. Sincerely, Mel Norton Mayor l SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I ,aw xsaintjoihn.ca CA 1971 Saint John, N. B. Canada E2L 40 262 EXECUTION COPY SHAMROCK PARK NEW FIELD NAMING AGREEMENT THIS AGREEMENT is made as of the day of , 2014. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at 15 Market Square, Saint John, New Brunswick (hereinafter referred to as the "City ") -and - - EMERA INCORPORATED, a company incorporated under the laws of Nova Scotia, having its registered office at 1223 Lower Water Street, Halifax, Nova Scotia (hereinafter referred to as "EMERA ") WHEREAS the City is the owner of a parcel of land located at Millidge Ave. in the City of Saint John, in the Province of New Brunswick, bearing PID 415208 and depicted on the Service New Brunswick map attached hereto as Schedule "A" (the "Property "); AND WHEREAS a facility commonly known as Shamrock Park is located on the Property (the "Parle "); AND WHEREAS the City, at its meeting held on adopted the Shamrock Park Master Plan for the refurbishment of the Park, a copy of the draft concept of the said plan being attached hereto as Schedule "B"; AND WHEREAS the Shamrock Park Master Plan contemplates the construction of an artificial turf field (the "New Field ") on the South -East portion of the Property, and designated as "Multi- Purpose Field" on Schedule "B"; AND WHEREAS EMERA wishes to contribute financially to the construction of the New Field because it will contribute to the community's well- being; AND WHEREAS EMERA is the owner of the EMERA Trademarks (as defined herein); AND WHEREAS the parties wish to enter into this Agreement whereby EMERA shall have the right to determine the name of the New Field at the Park and shall grant to the City a non - exclusive, non - transferrable license to use the EMERA Trademarks in accordance with the terms and conditions set forth herein; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties for themselves, their successors and assigns, respectively and mutually agree as follows: 263 EXECUTION COPY 1. DEFINITIONS Where used herein or in any schedules or amendments hereto, the following terms shall have the following meanings: (1) "Affiliate" means with respect to any Person, any other Person directly or indirectly controlling, controlled by or under direct common control of such Person. A Person shall be deemed to control another Person if such Person possesses, directly or indirectly, the power to direct or determine the direction of the management and policies of such other Person, whether through the ownership of voting securities, by contract or otherwise; (2) "Applicable Laws" means all applicable statutes, codes, by -laws, ordinances, rules, regulations, policies, permits, consents, approvals, licenses, judgments, orders, writs, decisions, directives, guidelines, common -law rules, decrees, agency interpretations, injunctions, agreements or authorizations or requirements, of any governmental department or agency or any other commission, board, agency or instrumentality, federal, provincial, municipal or local; (3) "Brand Standards" shall have the meaning set forth in Section 3(2) hereof; (4) "Business Day" means any day other than a Saturday, Sunday or any statutory holiday in the Provinces of New Brunswick or Nova Scotia; (5) "City Logos" shall mean any logos, designs or brands of the City used by the City from time to time; (6) "EMERA Trademarks" shall have the meaning set forth in Section 2(1) hereof; (7) "Events" means events hosted by the City in connection with the New Field at the Park including, without limitation, sports tournaments, exhibitions, games and training camps; (8) Merchandise" means any or all products, including, without limitation, articles of clothing, uniforms and equipment, bearing the EMERA Trademarks; (9) "Person" means an individual, corporation, other legal person, division, partnership, governmental body, association, trustee or trust, or unincorporated organization, or such person's heirs, executors, administrators or assigns, as the case may be; (10) "Programs" means the community sports, games, programs and activities to be offered at the New Field; —2 264 EXECUTION COPY (11) "Promotional Materials" means any and all promotional, advertising, communication and educational materials relating to the New Field for use in connection with the marketing and promotion of the New Field at the Park and/or the Park's Programs; (12) "Signage" shall have the meaning set forth in Section 4(2) hereof; (13) "Term" shall have the meaning set forth in Section 2(3) hereof; and (14) "Trademarks Usage Guidelines" means ENIERA's brand and identity guidelines prescribing the appropriate usage of the EMERA Trademarks, including without limitation, any EMERA logos, designs, and slogans, and as are more particularly described in Appendix 1 to Schedule "D" of this Agreement. 2. GRANT AND TERM (1) Grant (a) The City hereby grants to EMERA the exclusive right to name the New Field in accordance with the terms and conditions of this Agreement. At the commencement of this Agreement, the name of the New Field shall be the "Emera New Brunswick Field at Shamrock Park ". (b) EMERA may, from time to time, use the City Logos as designated by the City in association with the New Field, its related signage as well as its merchandizing activities and athletic and community programs in accordance with the terms of this Agreement, provided that the City has delivered to EMERA its express written consent to such use, such consent not to be unreasonably withheld. EMERA further acknowledges and agrees that it has no legal right, title or interest in the Park or the New Field outside the naming and signage rights contemplated by this Agreement. (c) EMERA hereby grants to the City the non - exclusive, non - transferrable, limited license to use such trademarks as designated by EMERA, as such trademarks may change from time to time in the sole discretion of EMERA (collectively, the " EMERA Trademarks ") in association with the Park, the New Field, its related signage as well as certain of its merchandizing activities and Programs in accordance with the terms and conditions of this Agreement. For greater certainty, the City acknowledges that the EMERA Trademarks shall be used in accordance with the provisions of Section 3 of this Agreement and the City agrees that it has no right to license others to use the EMERA Trademarks whatsoever. All use of the EMERA Trademarks shall be at the sole discretion of EMERA. At the commencement of the Term of this Agreement the EMERA Trademarks are set forth and described in Schedule "C" attached hereto. —3- 265 EXECUTION COPY (d) In the event of a change in the EMERA Trademarks from time to time during the Term, EMERA shall have the option, in its sole discretion, to require that all applicable existing Signage or print materials be replaced to reflect such updated EMERA Trademarks, provided that EMERA shall be responsible for the cost associated with replacing all applicable Signage or print materials. (e) In the event of a change in the City Logos from time to time during the Term, the City shall have the option, in its sole discretion, to require that all applicable existing Signage or print materials be replaced to reflect such updated City Logos, provided that the City shall be responsible for the cost associated with replacing all applicable Signage or print materials. (2) Exclusivity During the Term of this Agreement, the City agrees that it shall not: (a) permit any third party sponsor to have naming rights with respect to the New Field, or (b) permit any other energy industry company or its Affiliates to advertise on the exterior or interior of the Park or otherwise provide financial sponsorship in relation to the Park or the New Field without the express written consent of EMERA, which consent may be withheld by EMERA where such entity is determined by EMERA in its sole discretion to be a direct competitor of EMERA or any of its Affiliates. (3) Term (a) The term of this Agreement shall commence on the date hereof and shall continue until the earlier of (i) 20 years from the date of this Agreement, and (ii) the end of the useful life of the New Field as determined by an independent third party engineer (the "Term "), unless terminated in accordance with the provisions of this Agreement. (b) Upon the expiry of the Term pursuant to section 2(3)(a)(ii), EMERA shall have a right of first offer to purchase the naming rights of the first field to be constructed to replace the New Field. 3. USE The City acknowledges and agrees that: (1) EMERA is and will remain the exclusive owner of the EMERA Trademarks, and all intellectual property and all goodwill associated therewith. The City shall not dispute, directly or indirectly, during the term hereof or thereafter, the validity, ownership or enforceability of any EMERA Trademarks nor directly or indirectly —4— 266 EXECUTION COPY attempt to dilute the value of the goodwill attached to any of the EMERA Trademarks. (2) The character and quality of any Promotional Materials with which the EMERA Trademarks are used shall only be used in strict accordance with the brand and trademark standards established by EMERA as set out at Schedule "D" to this Agreement, as may be amended by EMERA upon reasonable notice to the City (the "Brand Standards "). (3) During the Term, one or more EMERA Trademarks shall be incorporated into both "end zone" areas of the New Field, and such EMERA Trademark(s) shall be selected at the discretion of EMERA. At the commencement of this Agreement, the EMERA Trademark displayed in such areas shall be the " EMERA NEW BRUNSWICK" trademarks. (4) During the Term, the EMERA Trademarks will appear on any and all items, websites and communications that would normally bear the name of the New Field, including, without limitation, event tickets, membership cards, Promotional Materials, merchandise and other sundry items that would be issued to the public, all of which are subject to the Brand Standards. (5) The City agrees that it shall use commercially reasonable best efforts to ensure that any third parties that use the name of the New Field for a commercial purpose use the name of the New Field in effect at such time pursuant to Section 2(1). For greater certainty, this provision is intended to apply to third parties generally required in the normal course of business to reference the name of the New Field and in no way permits the City to license or sub - license the use of the EMERA Trademarks to any third party. (6) In using the EMERA Trademarks, the City shall comply with and act in good faith in accordance with commercially reasonable standards that protect EMERA's business reputation and in accordance with good business practices which do not compromise or reflect unfavourably on the good name or goodwill of EMERA- (7) In using the EMERA Trademarks, if requested by EMERA from time to time, the City will include when reasonably possible a notice that the EMERA Trademarks are used under license and such notices shall be in the manner as specified in the Brand Standards. (8) Without limiting any other rights of EMERA, the actual physical location of each of the EMERA Trademarks on the exterior or within the interior of the New Field shall be subject to compliance with the Brand Standards. (9) The City shall not (unless EMERA approves) use or associate the EMERA Trademarks with any operations, facilities, programs or business of the City's other than those of the New Field. —5 267 EXECUTION COPY (10) EMERA acknowledges that the City intends to carry out merchandising in association with the New Field. The City acknowledges and agrees that any and all such Merchandise shall comply with the terms and conditions of this Agreement. (11) EMERA acknowledges that the City intends to carry out Events in connection with the New Field. The City acknowledges and agrees that any Events held at or in connection with the New Field shall comply with the terms and conditions of this Agreement. 4. CONSIDERATION (1) In consideration of the rights granted to EMERA pursuant to this Agreement, EMERA agrees to pay to the City of $500,000 as follows: (a) $250,000 payable following the execution of this Agreement by both parties, and no later than thirty (30) days following the date of the Council meeting where the City resolves to award the contract for the construction of the New Field; and (b) $250,000 payable no later than thirty (30) days following the date of substantial completion of the construction of the New Field, as defined in the construction contract between the City and its contractor for the New Field. (2) In consideration of the foregoing, the City shall be solely responsible for and pay all costs and expenses associated with the production, installation, maintenance and replacement of all signage, including signage to be erected on the exterior of the Park and/or the New Field, the signage at the entrance to driveway leading to the Park, the end -zone signage at each end of the New Field and any directional signage within the Park (the "Signage "). The location of the Signage at the opening of the New Field shall be as set out in Schedule "E" attached hereto. unless otherwise agreed by EMERA and the City. (3) No demand for repayment shall be made by EMERA should this Agreement be terminated prior to expiry of the Term, unless such termination is the result of: (a) a material breach of the Agreement by the City, (b) the City's failure to complete the New Field by December 31, 2015; (c) at any time during the Term, with the exception of the period required to complete the construction of the New Field, the New Field ceasing to be bona fide fully operational and open for business. ff"In Na EXECUTION COPY 5. FURTHER PROVISIONS (1) Signage The physical placement of any Signage bearing the EMERA name or any of the EMERA Trademarks shall be subject to EMERA's review and approval which review and approval shall not be unreasonably delayed or refused. (2) Inspection of Promotional Materials Using EMERA Trademarks EMERA shall have the right, during normal business hours, and with prior notice to the City, to inspect the City's Promotional Materials, and any relevant documents, materials and records pertaining to the use of the EMERA Trademarks, in order to determine whether the City is in compliance with this Agreement, including the Brand Standards. The City shall provide EMERA with prompt access to any Promotional Materials as reasonably required to carry out such inspection in relation to use of the EMERA Trademarks. (3) Covenant to Build the New Field The City covenants and agrees that it shall build the New Field at its sole cost and expense and otherwise in accordance with the construction contract referred to in section 4(1)(a), and that the completion of the New Field shall occur no later than December 31, 2015. (4) Operation of Premises The City shall operate the New Field in a safe and reasonable manner in accordance with all Applicable Laws, rules, and regulations of any governmental authority, and ensure that the New Field is staffed by employees, as required, with such qualifications and experience as reasonably required for a facility of the nature and size of the New Field. (5) Premises Inspection EMERA shall also have the right to inspect the New Field in respect of all aspects of the operation of the New Field, to verify that the operations of the New Field are carried on in accordance with good business practice and that the EMERA Trademarks are being used in accordance with the Brand Standards. The City shall fully cooperate and arrange full cooperation of all personnel for any such inspections and procedures. (6) Opening Event The City and EMERA agree to work together in good faith to organize an opening ceremony of the New Field after the completion of New Field. (7) Annual Community Event EMERA may use the New Field, free of charge, to host at least one community event per year on a date to be agreed upon between Emera and the City acting reasonably. Whether -7- 269 EXECUTION COPY or not such an event will occur during a particular year shall be determined in the sole discretion of EMERA. (8) Further Assurances Each parry to this Agreement, upon any request by the other party, will use reasonable efforts to seek the approval by the City's council or EMERA's senior management, as the case may be, in respect of the execution of such applications or agreements or such other instruments in such form and with such parries, as such requesting parry in its reasonable discretion shall request, for the purpose of protecting the interest and rights of such parry in its applicable trademarks or logos, or complying with any applicable trade name, trademark or other similar legislation. (9) Representations and Warranties by the City The City hereby represents and warrants to EMERA that: (a) the City has the full right and authority to enter into this Agreement; (b) the City has full rights and title to the City Logos; (c) the entering into of this Agreement by the City does not violate nor is inconsistent with any other obligation or agreement to which the City is a party; (d) this Agreement has been duly authorized, executed and delivered by the City and constitutes a legal, valid and binding obligation of the City, enforceable against the City in accordance with the terms hereof; (e) the execution and delivery by the City of this Agreement and the performance by the City of its obligations hereunder and compliance by the City with the terms, conditions and provisions hereof, do not and will not, as applicable, conflict with or result in a breach of any of the terms, conditions or provisions of (i) the City's organizational documents; (ii) any Applicable Laws; (iii) any indenture, mortgage, lease, agreement or instrument binding or affecting the Park; or (iv) any judgment, injunction determination or award which is binding on the Park; (f) no authorization, consent, approval, license or exemption from any Person, including, without limitation a governmental entity, is required by the City in connection with the execution and delivery by the City of, and the performance by the City of its obligations under, this Agreement; and (g) the City is duly licensed, registered or qualified to operate the New Field, and to carry on the operations and Programs as will be conducted therein and the property and assets to be owned, leased and operated in connection therewith, and all such licenses, registrations and qualifications —8— 270 EXECUTION COPY are valid and subsisting and in good standing and comply with all Applicable Laws. (10) Representations and Warranties by EMERA EMERA hereby represents and warrants to the City that: (a) EMERA has the full right and authority to enter into this Agreement; (b) the execution, delivery and performance of this Agreement has been duly and validly authorized by all necessary corporate action; (c) the entering into of this Agreement by EMERA does not violate any other obligation or agreement to which EMERA is a party; and (d) EMERA is the owner of the registered and unregistered EMERA Trademarks. 6, COVENANTS So long as this Agreement is in force and except as otherwise permitted by the prior written consent of EMERA, the City covenants that it will use reasonable effort to: (a) carry on and conduct the operations of the New Field in a proper, efficient, commercially reasonable and businesslike manner, in accordance with good business practice and the Brand Standards; (b) preserve, renew and keep in full force and effect its existence; and take all reasonable action to maintain all rights, and privileges necessary or desirable in the normal operations of the New Field; (c) operate the New Field in compliance with all Applicable Laws, rules and regulations and maintain all applicable licenses, registrations and qualifications in good standing to enable the operations and Programs to be carried on as will be conducted at the Park and its property and assets to be owned, leased and operated; and (d) keep all of the real and personal property useful and necessary in the operation of the New Field in good working order and condition, as would a prudent owner of a similar facility having regard to size, age, location and extent of improvements, normal wear and tear excepted. 7. INFRINGEMENT BY OTHERS The City shall promptly notify EMERA of any act of infringement or passing off involving the EMERA Trademarks or any variation or imitation thereof, of which the City becomes aware, arising from or relating to the City's usage rights under this Agreement. EMERA shall have the authority, but not the obligation, at the expense of EMERA, to prosecute such proceedings and take such steps as EMERA deems necessary, —9— 271 8. C EXECUTION COPY acting reasonably, to restrain the improper or unauthorized use of the EMERA Trademarks, or to settle any dispute with any third party at any time, whether on behalf of EMERA or the City. The City agrees to co- operate and assist EMERA to the City's fullest extent possible in any proceedings instituted involving the EMERA Trademarks if requested by EMERA, acting reasonably. INSURANCE (1) During the Term, the City shall maintain such insurance coverage in respect of all operations and Programs of the New Field, as would a prudent owner of a similar first class facility having regard to size, age, location and extent of improvements. Insurance coverage relating to (i) general liability, and (ii) property damage to the New Field shall include EMERA as an additional insured and loss payee and contain a waiver of subrogation in favour of EMERA. The City shall provide a certificate evidencing the insurance coverage at the commencement of this Agreement and upon each renewal of the City's insurance coverage and provide EMERA with 30 calendar day's advance notice of any termination of such coverage. For greater certainty, any failure to provide such coverage in accordance with this Agreement shall be a material breach by the City. (2) If during the last three (3) years of the Term, as defined in section 2(3)(a)(i), the New Field is damaged or destroyed by any cause whatsoever and, in the opinion of the City, acting reasonably, the New Field cannot be rebuilt or made fit for its intended purposes within one hundred and twenty (120) days of the damage or destruction, the City, instead of rebuilding, may, at its option, terminate the Agreement by giving EMERA, within thirty (30) days of such damage or destruction, notice of termination and thereupon EMERA acknowledges that it shall have no insurable claim for which it will seek coverage pursuant to the City's property damage insurance policy. TERNIINATION (1) Termination by EMERA EMERA shall have the right to terminate this Agreement and the rights granted hereunder, without prejudice to the enforcement of any other legal right or remedy, immediately upon giving written notice of such termination if: (a) the City is declared bankrupt, makes a general assignment for the benefit of creditors or a proposal or arrangement under applicable bankruptcy or insolvency legislation, or a trustee, receiver, receiver and manager, or other similar custodian is appointed for the City, or if the City commits an act of bankruptcy, proposes a compromise or arrangement, or institutes proceedings to be adjudged bankrupt or insolvent, or consents to the institution of such appointment or proceedings, or admits its inability to pay debts generally as they become due, or permanently ceases to carry on business as it relates to the Park or the New Field; 10— 272 EXECUTION COPY (b) the Park or the New Field ceases to be bona fide fully operational and open for business, (c) the City ceases to use the EMERA Trademarks in connection with the New Field as contemplated under this Agreement; or (d) the City commits a material breach of this Agreement which is not cured within fifteen (15) Business Days of receipt of notice from EMERA describing such breach. (2) Termination by the City The City shall have the right to terminate this Agreement if EMERA commits a material breach of this Agreement and such breach remains un- remedied fifteen (15) Business Days following receipt of notice by the City of such breach. The City shall also have the right to terminate this Agreement as contemplated in Section 8(2) of this Agreement. In the event of the termination of this Agreement pursuant to this section 9(2), no demand for repayment shall be made by EMERA, and there shall be no obligation of any party to the other except as otherwise provided for in this Agreement. (3) Termination on Notice EMERA may, on six (6) months prior written notice to the City, elect to terminate this Agreement, which notice may be given at EMERA's sole discretion. In the event of the termination of this Agreement pursuant to this section 9(3), no demand for repayment shall be made by EMERA, and there shall be no obligation of any party to the other except as otherwise provided for in this Agreement (4) Additional Remedies Any termination of this Agreement by either party to this Agreement shall be without prejudice to any other rights to which such party may be entitled against the other party at law or in equity by reason of any default by such other party under this Agreement or any other cause of action. (5) Effect of Termination Upon expiration or termination of this Agreement for any reason whatsoever, the City shall: (a) remove all signage bearing the EMERA Trademarks from the Park and the New Field at its sole cost and expense, unless this Agreement is terminated pursuant to sections 9(2) or 9(3), in which case such signage shall be removed at the cost and expense of EMERA; (b) immediately cease, and not anytime thereafter, to use the EMERA Trademarks, directly or indirectly, in any manner including, without limitation, on or in any Promotional Materials or Merchandise and destroy -11 273 EXECUTION COPY any and all Promotional Materials and Merchandise in their possession or otherwise bearing the EMERA Trademarks; and (c) promptly execute such documents or take such actions as may be necessary to abandon the City's use of any corporate, partnership, business or other name containing any of the EMERA Trademarks. 10. ARSCELLANEOUS (1) Assignment (a) EMERA may assign this Agreement to an Affiliate without the prior approval of the City. (b) EMERA acknowledges that the City may wish to assign this Agreement to an operator of the Park or the New Field. Any such assignment shall be subject to the approval of EMERA in its sole discretion. EMERA may require that any assignee enter into an agreement substantially in the form of this Agreement. As a condition of any approval of an assignee, EMERA may require that the City pay all costs of EMERA for the approval and arrangement of any such assignee. (2) Independent Parties The parties hereto acknowledge and agree that each is an independent contractor, that no party shall be considered to be agent, representative, master or servant of any other party hereto for any purpose whatsoever, and that no party has any authority to enter into any contract, assume any obligations or to give any warranties or representations on behalf of any other party hereto. Nothing in this Agreement shall be construed to create a relationship of partners, joint venturers, fiduciaries, franchise or any other similar relationship among the parties. (3) Indemnity (a) HMERA shall indemnify and save harmless the City and the City's mayor, councillors, officers, employees, agents and volunteers from and against all actions, causes of action, proceedings, claims and demands brought against such parties, and from and against all losses, costs, damages, liabilities or expenses (including, without limitation, reasonable outside legal fees) suffered or incurred by such parties, by reason of any damage to property, including property of such parties, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of such party, caused by, resulting from or attributable to any act or omission of EMERA or any of its employees, servants, or agents in the performance of this Agreement. (b) Fhe City shall indemnify and save harmless EMERA and EMERA's Affiliates, shareholders, officers, directors and personnel from and against —12— 274 EXECUTION COPY all actions, causes of action, proceedings, claims and demands brought against such parties, and from and against all losses, costs, damages, liabilities or expenses (including, without limitation, reasonable outside legal fees) suffered or incurred by such parties, by reason of any damage to property, including property of such parties, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of such parry, caused by, resulting from or attributable to any act or omission of the City or any of its employees, servants, or agents in the performance of this Agreement. (c) Notwithstanding anything to the contrary contained in this Agreement, the City and EMERA shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. (4) Article Pleadings The headings appearing in this Agreement are inserted for convenience of reference only and shall not in any way affect the construction or interpretation of this Agreement. (5) Confidentiality and Public Announcement (a) Each of the parties hereto acknowledge that in respect of the naming of the New Field and/or during the Term, each may come into contact with confidential information pertaining to the business or operations of the other unrelated to the covenants and obligations of the parties hereunder (collectively, "Confidential Information "). Each of the parties hereto agree to maintain the strict confidentiality of such Confidential Information of the other parry and shall not use any Confidential Information for purposes other than performing its obligations pursuant to this Agreement. Without limiting the generality of the foregoing, each party shall make all reasonable efforts to (i) not disclose the Confidential Information or permit the same to be disclosed, (ii) to ensure that its employees or agents that are exposed to such Confidential Information maintain the confidentiality of such information, and (iii) to protect the Confidential Information in a manner consistent with the standard of care such party uses to protect its own Confidential Information. (b) Notwithstanding the foregoing, a party to this Agreement may disclose the Confidential Information if required by any applicable law or any rule or regulation of any governmental entity or court having jurisdiction over such party, provided however that the party making the disclosure shall promptly notify the other party and only make the disclosure to the extent legally required based on the advice of legal counsel. (c) The obligations of confidentiality imposed herein shall survive the term of this Agreement and continue for a period of 2 years from the expiry of the 13 275 EXECUTION COPY Term, or until the party claiming confidentiality releases that claim by deed or action. (d) The parties hereto acknowledge that improper disclosure or use of any Confidential Information may cause irreparable harm to the party owning the Confidential Information which harm may not be adequately compensated in damages. As a result, in addition to any other remedy that such affected party may have, such affected party may seek and obtain from any court of competent jurisdiction injunctive relief in respect of any actual or threatened disclosure or use of any Confidential Information contrary to the provisions of this Agreement. (e) Notwithstanding any provision contained herein, EMERA acknowledges that the City is a municipal body governed by provincial legislation. EMERA acknowledges that the City is subject to the freedom of information and protection of privacy provisions of such legislation. (6) Entire Agreement This Agreement, including the Schedules which are attached hereto and form part of this Agreement constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all other prior agreements, understanding, representations and warranties, negotiations and discussions, whether oral or written, between the parties in any way relating to the subject matter hereof. (7) Applicable Laws and Forum This Agreement shall be governed and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein. (8) Severability If for any reason whatsoever, any term or condition of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to parties or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. (9) Waiver of Obligations Either party to this Agreement may by written instrument unilaterally waive any obligation of or restriction upon the other party under this Agreement. No acceptance by such waiving party and no failure, refusal or neglect of such waiving party to exercise any right under this Agreement or to insist upon full compliance by the other party with its respective obligations hereunder, including without limitation, any mandatory —14- 276 EXECUTION COPY specification, standard or operating procedure, shall constitute a waiver of any provision of this Agreement. (10) Binding Agreement Subject to the restrictions on assignment herein contained, this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. (11) Survival All obligations of either party to this Agreement which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect following such expiration or termination. (12) Notice and Approvals (a) All notices, consents, approvals, statements, authorizations, documents or other communications (collectively "notices ") required or permitted to be given hereunder shall be in writing, and shall be delivered personally or mailed by registered mail, postage pre -paid, to the said parties at the respective addresses set forth hereunder, namely: To EMERA at: Emera Incorporated 1223 Lower Water Street Halifax, Nova Scotia B3J 3S8 Fax No: (902) 428 -6171 Attention: Corporate Secretary With a copy to: Emera Brunswick Pipeline Company Ltd. i Germain St, Suite 1204 Saint John, New Brunswick E2L 4V1 Fax No: (506) 658 -0199 Attention: General Manager To the City at: PO Box 1971 15 Market Square, 8th Floor, City Hall Saint John, NB E21, 4L1 Fax No.: 506 -658 -2860 Attention: Common Clerk or at any such other address or addresses as may be given by them to the other in writing from time to time. Such notices, if mailed, shall be deemed to have been given on the fourth (4th) Business Day following such mailing, or, if delivered personally, shall be deemed to have been —15— 277 EXECUTION COPY given on the day of delivery, if a Business Day, or if not a Business Day or delivered after 5:OOpm (Atlantic time) on a Business Day, on the Business Day next following the day of delivery; provided that if such notice shall have been mailed and if regular mail service shall be interrupted by strike or other irregularity before the deemed receipt of such notice as aforesaid, then such notice shall not be effective unless delivered. (b) Any approval or consent of EMERA required under this Agreement including, without limitation, the Brand Standards, shall not bind EMERA unless provided in advance in writing, and such approvals shall be at EMERA's sole discretion except where expressly stated otherwise. (13) Force Wajeure Neither party shall be responsible in any way to the other party for its failure to perform any of their respective obligations under this Agreement when such failure is due to any strike, lockout, war, riot, internal disturbance, natural calamity, disruption or communications, law, regulation, judgment or other governmental action or any cause beyond the reasonable control of the party failing to perform including failure of any power, telecommunications or electronic communications system except where otherwise expressly stated in this Agreement. (14) Execution This Agreement may be executed and delivered in counterpart copies and by fax or other readable digital format and such copies shall be binding on the parties. This Agreement shall not be binding on either party until executed by all parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 16— 278 IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement as of the date first written above. THE CITY OF SAINT JOHN Mayor Clerk CC Resolution EMERA INCORPORATED Name: Title: Name: Title: 279 z7aioaz v7 SCHEDULE "A" THE PROPERTY [ATTACHED] :1 EXECUTION COPY Service New Brunswick 7 n;M-r-19, DO .7BrVlce A / 000r ��� ♦ + 1 , w f , A o • i 1 ,r -1 \ (- k(—/— I a rta+ ' • ■ � a uIUUUU uflj IIIIIIIIIIINEr—MP uu P : �llllllllC - —••�•� �, �tti tii,l I +Ii IftII I q ._ .iii �''A. ��� k t, 1 i1i ►11llili t rtr it i it r l j i I Itih =�a- -° � I1111liflf ! l if ltt. I' .4 Map scale ! tchelle cartographique 1 : 6618 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of properly boundaries which approximates the size, configuration and location of properties, It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. 1016me si cette carte nest peut -litre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6% prises pour an assurer la meilleure quality possible. Cefte carte est une representation graphique approximative des terrains (limites, dimensions, configuration at emplacement). Elie n'a aucun caractere officiel et ne dolt donc pas servir a la r6dacction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou isa superficie. EXECUTION COPY SCHEDULE "E" SHAMROCK PARK MASTER PLAN [ATTACHED] 282 SCHEDULE 2 283 EXECUTION COPY SCHEDULE "C" TRADEMARKS LICENSED BY THIS AGREEMENT Trademark Re istration No. ares and Services EMERATMA564410 SERVICES: (1) Management and administrative services in the fieldofgeneration, transmission and distribution ofelectricity and energy services. NLARK DESCRIPTIVE REFERENCE: TMA564458 SERVICES: (I)Management and administrative services in the field ofgeneration, transmission and EM ERA and Design distribution ofelectricity and energy services. Emera O Unregistered Unregistered E'Ir Yl -f e r MERA NEW BRUNSWICK Unregistered Unregistered Emerca Unregistered Unregistered drNew Brunswick NE EXECUTION COPY SCHEDULE "D" BRANDSTANDARDS The City agrees to be bound by and to scrupulously follow the specifications and policies set out in this Schedule "D ". 1. All uses of the EMERA Trademarks shall be in accordance with the Trademarks Usage Guidelines, attached to this Schedule "D" as Appendix 1, and include where reasonably possible without detracting from the overall graphic presentation of the EMERA Trademarks, a notice stating, " Emera trademarks used under license from Emera Incorporated". 2. All Promotional Materials and Merchandise which incorporates the EMERA Trademarks shall comply with standards in relation to design, manufacture of materials as shall from time to time be acceptable to EMERA or its designated representative. 3. The Promotional Materials and Merchandise must be approved in writing by EMERA. After any approval of Promotional Materials or Merchandise has been obtained from EMERA pursuant to this Agreement, the City shall not depart from the form of such Promotional Materials or Merchandise as approved without EMERA's written consent. 4. All Merchandise sold and all Programs offered shall be manufactured, distributed, advertised, sold, offered and/or carried out, as the case may be, in compliance with all applicable governmental rules, laws and regulations and the City shall ensure that all such Merchandise and Programs are safe and fit for use by persons or entities for whom they are intended. 5. The EMERA Trademarks may not be used with any other name or with any prefix, suffix or other modifying words, terms, designs or symbols or in any modified form except as approved by EMERA. 6. The EMERA Trademarks will not be used for any purpose other than the operation of the New Field. 7. The condition and appearance of the New Field and its equipment, furniture, furnishings, signs and premises shall be maintained in accordance with standards to ensure the offering of high quality Programs and the highest standards of cleanliness and sanitation. All employees shall be required to maintain a neat and clean appearance to reflect positively on the good name and goodwill of EMERA. S. The City shall perform all periodic maintenance with respect to decor, equipment, furniture, furnishings and signage that is required to maintain highest standards, including all necessary cleaning, redecorating, repair and replacement. 9. All advertising must conform to all applicable legal standards, be in good taste and must not damage the goodwill associated with the EMERA Trademarks. 2721042 v7 285 EXECUTION COPY APPENDIX "I" TRADEMARKS USAGE GUIDELINES [ATTACHED] 09 Alo A rn I'D -3 --1 <0 N I ru C:L L4 rD 3m%) (D m o"I 3 cu m fAk %) M rn 3 J rD cu 3 (D 287 U R S7 t CA O J CL* n Lo - i 1D in � t^ 0 h 0 0 rr CD 7 rr N -� 0 0 m 3 m 3 rT c 1 o S y o Q c ` T c cr r N K:19-1 > (I r- -; 0 - , " C', —. - 0 \ :-- zz � / � � \ 2 j / 7 c 2 Ln FD7 < r. t 0 00 C? 77 c C (D U Q zr Lil Tj t., \ } \ \ \ \ \ \ iz 0 Ln mj 73 � \ ƒ � \ � \ \ � \ \ \ ( � � � K:19-1 1 P-0. rn 290 m 3 m v F- 0 co O 0 ❑ I'm e4 ) m 3 VA ) m � tu ,OPT% Mot 291 rR 0 M- VA ) m 3 (D th m 3 m c: n L 0 FD (D (D 0 to n 7 D C Z7 D & 'j Eli 7D T) C)— L z } 3 co :T \ 0 Z7 7,- Ln :B 0 (D c -T Z: 0 0 ❑ I'm e4 ) m 3 VA ) m � tu ,OPT% Mot 291 rR 0 M- VA ) m 3 (D th m 3 m (D - ------ - ----------- o \ 292 c, qj \ \ \ / * � D 0 LL 73 --T cn cn 'D LL Ll / � j {� 13 / \ \ % � \ / \ LD 73 (D - ------ - ----------- o \ 292 c, \ \ \ / * � D 0 LL 73 --T 'D LL Ll / � j {� / \ \ % � I- 0) rb --n 7 293 ROW 0 1 x Z, m 3 fA m 3 (D "I cu Fw_- bk; El- =r ■ F+ z 0 r+ rt 0 ❑ 0 -T 0 \ � \ / \ / \ � 2 \ � \ CD 7,- \ a J x Z, m 3 fA m 3 (D "I cu Fw_- bk; El- =r ■ F+ z 0 r+ rt 0 ❑ 0 4%) , rri o :3 CL ET . (D ,CL r- 7 lu rL 0 VA ) rt mD r VAP oz m 0 0 3 O 1 fA ) m a_ 3 (D �Ikl it) m ID3 Er o 4k) Z M, cc �3 it) M (D rL -1 M (D (D CD (A of 0 :3 oMIMI Z; 3 cu qk) 3 D -< w ME n r C. "n M, u fu 3 D m GA) Prri :2. cr 03 :3 ro ro ro ;O'rD (D an IPA ) mm <3 M 11 Di ry 6 FT1 ;:7 1 z 3 Z 0 7� CL (D (D 0 L M a) w C. L 0 ry 0 Q Q C 7 - 0 77 (D 0 2L C-D V) (T IT, :3 CL 1 73 C7 ID �J. C; CL LA C) r) Ll o CL Di -3 t 00 f [ii mm <"3 m VA ) mm rD 295 li 4k) m % to '<D3 i. r� s�� \ � � _ «m m x -43 - --- -------- (D /3 L cu No 0. 0 \ / / / / \ � cn k -03 L) L2 gL 3 rT 2L \ �_ / j CD } / / C)7 zF o 0 / �D- \ / / \ � � _ «m m x -43 - --- -------- (D /3 L cu No 0. 0 \ / / / / \ � cn -03 L) LL / j CD zF o x ru MIM rb O fA -) M re"n '<D 3 297 M ID iz rt O =r z LO 0 3 r+ 1 -3 o M ID -V (A K o M r1i m co m z -V ;u K V) Lrl r1i Ul co �6 Ln J NJ 0 0 NE O -1 ;u M Lrl Ul 0 J NJ 0 ca 6 NE O -1 1 --1 M J Ll C) N ON 00 O O n O LL6 0 O 0 O rn CL 7 J N 0 C .- [D rn CL �.�., } Z) r. 2 ', Tj �r L: 3 ^' Q f, C !.� m Q - � Q 01 C --h Oi n � N n �- �� ¢ Wn W r F w0 m `Q c 'I c-y N C m fn of (mil (D 0 o� W m -4 ri- o 03 o °3 -0 ro a � 5 ; �o °•" #'°r 0 r -°�� A \ °� Z o� Z iii O o C/) d O 1F C N •C W a' C� >< -C N C N A N C N CD -< r� oo ;, „ C .. C •,� Q '� x 3' -< N v' N (09 0 I A V .a 299 Di n cy,W n f'1 OL `D h M 3 C- =3 x 0 r -0 z i O c � C x � N C W �x Ul -< N OD O {, {1} a I 0 c� cu iT �a rD m r- O cr 0 4 n 0 it) —1 :T O Me] Fy \ / / \ \ � / \ \ / \ Lr, � / \ / � � � - \ / � \ \ _ \ 2 � / � \ ss —1 :T O Me] ui 301 .0 ;3§ m 3 co Cf) CD �w rr in ID LA up 0 _ \ / E \ \ \ j v, I W -D \ \ \ (D \ (� tn l< Z � (D L.2- C, m U) SL -1 717 301 .0 ;3§ m 3 co CD �w rr in ID LA up 301 .0 co CD �w rr in 301 y 2 m n .mn C 8< a� •� m m� S p.R m •a n m " n m a a� a n e 2. a w a a e w e � S a � w ry a p n ,c z n m pn 'ti S.g 3. � � g a•�'a o g R R c ro '02 S cw a n a e m S Ll Ll °•ono n 6 n m n• Ra,a�na 302 Lo Y o a 73 fD t J 'fl n c � i4. w O Q Q `3 n O .J C rt t. n: = • to 'a' a R ��gaW � EL IL ac�.c p' w $ g E g�• r lD rt rt (D 3 Di Q rn v x m 2 x Z a N 0 m a v N T EXECUTION COPY SCHEDULE "E" SIGNAGE LOCATIONS [ATTACHED] 303 SCHEDULE "E" SIGNAGE LOCATIONS The location of signage shall be as follows: 1. Emera Trademarks in both end zone areas of the New Field, as provided for in the Agreement; 2. A sign at each entrance to the Shamrock field, form of which to be agreed upon by the parties; 3. Signage at the entrance to Shamrock Park to be agreed upon by the parties. 304