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2014-06-09_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, June 9, 2014 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of May 20, 2014. 2 - 5 2.2 Minutes of May 26, 2014. 6 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Dominion Park Clean -Up Day Thanks (Recommendation: Receive for 12-12 Information) 5.2 Proposed Public Hearing 14 McLaughlin Cres (Recommendation: In Report) 13-13 5.3 Street Naming and Street Renaming (Recommendation: In Report) 14-16 5.4 HUP - Route 1 (Recommendation: In Report) 17-53 5.5 HUP - Champlain Drive - Watermain Relocation (Recommendation: In Report) 54-74 5.6 The City of Saint John v. Jeannette Marie Richard 6,8 & 10 Waterloo Street 75-76 (Recommendation: In Report) 5.7 Easement Acquisition from Civic #1414 Hickey Road for Safe Clean Drinking 77-81 Water Project (SCDWP) (Recommendation: In Report) 1 Powered BY; ,SCRIBE 6 7 10 11 12 5.8 Easement Acquisition from Civic #5 Duncraggan Court (Recommendation: In 82-87 Report) 5.9 Initiate Stop -Up and Close Portion of Spruce Avenue (Recommendation: In 88-91 Report) 5.10 Collaborative Initiatives of Saint John Water and the Saint John Fire 92-108 Department (Recommendation: In Report) 5.11 Land Acquisition- Portion of PID 000405589 730 Dever Rd- Maritime Paper 109-116 Products GP Limited (Recommendation: In Report) 5.12 Union Station Lounge (Recommendation: Refer to City Manager) 117-126 Members Comments Proclamation 7.1 International Shriner Day- June 6, 2014 127-127 Delegations / Presentations Public Hearings - 6:30 p.m. 9.1 Presentation to Common Council - 350 Ashburn Road - Sec 39 Amendment 128-135 9.1.1 Proposed Section 39 Amendment - 350 Ashburn Road 136-139 9.1.2 Planning Advisory Committee report Recommending Amendment 140-157 Consideration of By -laws 10.1 Proposed Municipal Plan Amendment - 11 King William Road 158-169 Submissions by Council Members 11.1 Online City of Saint John Real Estates Listings (Councillor Norton) 170-170 11.2 Re- Sizing of Fleet (Councillor Farren) 171 -171 11.3 Fines Raised for Poop and Scoop By -Law (Councillor Farren) 172-172 11.4 Canada Post Neighbourhood Group Mail Boxes (Councillor Farren) 173-173 Business Matters - Municipal Officers 12.1 Lifeguard Services 174-210 12.2 St Rose Barnhill Ballfield Fence Replacement Award 211 -212 1 13. Committee Reports 13.1 Fundy Regional Service Commission: Annual Report and Financial Statements 213-213 for Year Ended Dec 31, 2013 13.1.1 Annual Report 2013 214-231 13.1.2 Financial Statements as of December 31, 2013 232-254 13.2 Saint John Police Force- 2013 Operating Budget- Year End Financial Results 255-262 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 N.B. Common Front for Social Justice Inc.: Request to Present 263-263 15.2 Letter from J. MacQueen re King Street East Property 264-264 15.3 Letter from B Beukeveld re Railway Safety 265-272 16. Supplemental Agenda 17. Committee of the Whole 17.1 1905 Hickey Road Easement Acquisition for Safe, Clean Drinking Water 273-273 Project 17.2 Expropriation for Portion of Civic #1905 Hickey Road ( "Kerr Property "), Parcel 274-275 Identifier 00334524 Safe, Clean Drinking Water Project 17.3 Settlement Agreement Terry Matheson - Human Rights Act Complaint 276-276 17.4 Settlement Agreement John Thomas Marshall, Applicant and The City of Saint 277-277 John, Respondent - Draft Agreement between the City and the SJ Firefighter's Assoc., Local 771 respecting amendment to the Heart and Lung Act 17.5 Competition Swimming Pool Lighting Upgrade - Canada Games Aquatic 278-278 Centre (CGAC) 17.6 Appointment to Federation of Canadian Municipalities (FCM) Committee 279-279 18. Adjournment 3 City of Saint John Common Council Meeting Monday, June 9, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 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. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Approval of Minutes 10.2(4) 1.3 Financial Matter 10.2(4)(c) 1.4 Personal Matter 10.2(4)(b) 1.5 Labour and Employment Matter 10.2(4)0) 1.6 Proposed Agreement 10.2(4)(c) 1.7 Financial Matter 10.2(4)(c) 1.8 Financial Matter 10.2(4)(c) 1.9 Financial Matter 10.2(4)(c) 1.10 Labour and Employment Matter 10.2(4)0) 1.11 Appointment to Committee 10.2(4)(b) The City of Saint John Seance du conseil communal Le lundi 9 juin 2014 18 h Salle du conseil Comite plenier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire Pobjet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 - Salle de conference, 8e etage, h6tel de ville 1.1 Approbation du proces- verbal - alinea 10.2(4)b) 1.2 Approbation du proces- verbal - alinea 10.2(4)b) 1.3 Question financiere - alinea 10.2(4)c) 1.4 Question relative au personnel - alinea 10.2(4)b) 1.5 Question relative aux ressources humaines - alinea 10.2(4)j) 1.6 Projet d'entente - alinea 10.2(4)c) 1.7 Question financiere - alinea 10.2(4)c) 1.8 Question financiere - alinea 10.2(4)c) 1.9 Question financiere - alinea 10.2(4)c) 1.10 Question relative aux ressources humaines - alinea 10.2(4)j) 1.11 Nominations pour sieger aux comites - alinea 10.2(4)b) 1.12 Question relative aux biens -fonds - alineas 10.2(4)d), j) 1.13 Question relative a 1'emploi - alin6as 10.2(4)b), j), j) 1.14 Question relative a 1'emploi - alinea 10.2(4)j) 1.15 Question juridique - alinea 10.2(4)/) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 20 mai 2014 2.2 Proces- verbal du 26 mai 2014 3. Adoption de Fordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 11approbation du conseil 5.1 Journ6e de nettoyage du parc Dominion — Remerciements (recommandation : accepter a titre informatif) 5.2 Date propos6e pour la tenue d'une audience publique concernant le 14, croissant McLaughlin (recommandation figurant au rapport) 5.3 Nom de rue et changement de nom de rue (recommandation figurant au rapport) 5.4 Convention relative au permis d'utilisation de 1'autoroute — Transfield Dexter Gateway Services Limited — Route 1 (recommandation figurant au rapport) 5.5 Convention relative au permis d'utilisation de 1'autoroute avec la province du Nouveau - Brunswick — D&placement de la conduite d'eau principale de la promenade Champlain (recommandation figurant au rapport) 5.6 The City of Saint John c. Jeannette Marie Richard — 6, 8 et 10, rue Waterloo (recommandation figurant au rapport) 5.7 Acquisition d'une servitude visant le 1414, chemin Hickey relativement au projet Eau potable saine et propre (recommandation figurant au rapport) 5.8 Acquisition visant le 5, cour Duncraggan (recommandation formul6e au rapport) 5.9 D6but de fermeture et de barrage d'un trongon de l'avenue Spruce (recommandation figurant au rapport) 5.10 Initiatives collaboratives entre Saint John Water et le Service d'incendie de Saint John (recommandation figurant au rapport) 5.11 Acquisition de bien -fonds — Partie du terrain portant le NID 000405589 situ6 au 730, chemin Dever — Maritime Paper Products GP Limited (recommandation figurant au rapport) 5.12 Union Station Lounge (recommandation : transmettre au directeur g6n6ral) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e intemationale des Shriners — Le 6 juin 2014 8. Delegations et presentations 9. Audiences publiques 9.1 Presentation devant le conseil communal concernant le 350, chemin Ashburn — Modification des conditions imposees par Particle 39 9.1.1 Modification proposee aux conditions imposees par Particle 39 — 350, chemin Ashburn 9.1.2 Rapport du Comite consultatif d'urbanisme recommandant de proceder a une modification 10. ktude des arretes municipaux 10.1 Projet de modification du plan municipal —11, chemin King William 11. Interventions des membres du conseil 11.1 Descriptions de proprietes en ligne de The City of Saint John (conseiller Norton) 11.2 Adaptation de la taille de la flotte (conseiller Farren) 11.3 Arrete concernant 1'imposition d'amendes pour les dejections canines (conseiller Farren) 11.4 Postes Canada — Boi'les aux lettres collectives dans les quartiers (conseiller Farren) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Services de sauvetage 12.2 Contrat pour le remplacement de la cloture du terrain de balle de 1'ecole Barnhill/St. Rose 13. Rapports deposes par les comites 13.1 Commission de services regionaux de Fundy — Rapport annuel et etats financiers pour Pexercice financier termine le 31 decembre 2013 13. 1.1 Rapport annuel de 2013 13.1.2 Etats financiers en date du 31 decembre 2013 13.2 Service de police de Saint John — Budget de fonctionnement de 2013 — Bilan de Pexercice financier 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Demande presentee par le Front commun pour la justice sociale du Nouveau - Brunswick inc. visant a se presenter devant le conseil 15.2 Lettre reque de J. MacQueen relative a la propriete de la rue King Est 15.3 Lettres de B. Beuleveld concernant la s6curit6 ferroviaire 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Acquisition d'une servitude visant le 1905, chemin Hickey dans le cadre du projet Eau potable saine et propre 17.2 Expropriation de la parcelle situ&e au 1905, chemin Hickey (<< Kerr Property »), num&ro d'identification de parcelle 00334525 — Projet Eau potable saine et propre 17.3 Proc6s- verbal du r6glement — Terry Matheson 17.4 John Thomas Marshall, requ&rant, et The City of Saint John, r6pondant — Ebauche d'entente entre la Ville et la section locale 771 au sujet de la modification de la Heart and Lung Act (loi sur le ccour et les poumons). 17.5 Modernisation du syWme d'6clairage de la piscine de comp6tition — Centre aquatique des Jeux du Canada 17.6 Nomination a la Federation canadienne des municipalit6s (FCM) 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 20, 2014/LE 20 MAI 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 20, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Reid, Chief of Police; K. Clifford, Fire Chief; N. Jacobsen, Commissioner of Strategic Services; P. Ouellette, Executive Director; P. Anglin, Acting Deputy Common Clerk; R. Evans, Administrative Assistant Call To Order — Prayer Mayor Norton called the meeting to order and the Deputy Mayor offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of May 5, 2014. On motion of Councillor Lowe Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on May 5, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Reardon declared that she is part of the Saint John Transit team that will be presenting. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2014- 68: Terms of the May 2014 Debenture Issue be received for information. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out in the consent agenda item be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Emergency Medical Services (EMS) Week - May 25 -31, 2014 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 20, 2014/LE 20 MAI 2014 On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that Council hear from members of Ambulance New Brunswick regarding Emergency Medical Services (EMS) Week after the proclamation is read. Question being taken, the motion was carried. The Mayor proclaimed the week of May 25 -31, 2014 Emergency Medical Services Week in The City of Saint John. Paul Boudreau, Regional Manager of Ambulance New Brunswick, spoke about Emergency Medical Services Week. 8. Delegations /Presentations 8.1 Saint John Transit Presentation — Sustainable Service Review - Service Options Frank McCarey, General Manager Saint John Transit, presented three service options levels for the years 2015 and 2016: Option 1 • reduce area coverage of service to the primary development area • increase frequency significantly on main lines by changing from 3 main lines to 2 main lines • provide improved frequency to connect with this new single main line • 90,655 service hours • ridership in year 1 is estimated to be 2,150,000 • budget for 2015 and 2016 not to exceed 2014 requirements Option 2 o improved frequency and later coverage on some feeder lines 0 99,155 service hours o ridership expectation 2,250,000 in 2015 and 2,350,000 in 2016 o budgets would require and additional $175,000 in 2015 and a further $150,000 in 2016 Option 3 o service designed to return ridership to pre -2010 levels would be based on Option 2, with the addition of suburban routes 0 105,155 service hours o ridership expectations would be 2,485,000 in 2015 and 2,600,000 in 2016 o budgets for 2015 would require an increase of $250,000 and an additional $200,000 for 2016 In summation, Mr. McCarey commented that it is important to commit to a basic level of service hours to provide a consistent service to passengers. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the report entitled, Saint John Transit - Service Options, be referred to the City Manager as input into the 2015 budget process. Question being taken, the motion was carried. 8.2 Saint John Police Commission — Sustainable Service Review - Service Options (Deputy Mayor Rinehart withdrew at 8:10 p.m. during the police presentation for the remainder of the meeting.) Jonathan Franklin, Chair of the Saint John Board of Police Commissioners, provided a brief overview of the Saint John Police Force operating police budget. Police Chief Bill Reid addressed budget, revenue and service options, stating that in order to maintain the status quo in 2015 an increase of $1,506,840 is required. The Chief indicated that the 6.6% increase is required, 2% for salaries and 4.6 % for goods and services, such as cars and gasoline. 9 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 20, 2014/LE 20 MAI 2014 The Police Chief was asked if the following conditions contained in the 2012 Core Service Review still applied: • a declining national crime rate based on demographics? • New Brunswick second lowest score on the crime severity index? • barriers to flexibility based on collective agreements? • Saint John police services cost the tax payer $350 per person? The Chief responded in the affirmative, elaborating that the recent homicides in Saint John may affect the crime severity index. It was noted that the presentation did not provide an answer to the question of how would a 0% and 2% reduction be achieved and asked for comment. The Chief responded that he would be required to remove staff from investigations to place on the front line. This would result in missed court timelines, shoddy investigations, slower customer service, and poor risk management resulting in lawsuits. On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that the Procedural bylaw provisions 12.4, respecting speaking more than twice be suspended. Question being taken, the motion was defeated, with Councillors Fullerton, MacKenzie, Merrithew, Farren, and Reardon voting nay. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the report entitled, Police Service Sustainable Service Review, be referred to the City Manager for the 2015 budget process. Question being taken, the motion was carried. 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Providing Line Painting Services to Outlying Communities (Councillor Merrithew) On motion of Councillor Merrithew Seconded by Councillor Lowe RESOLVED that item 11.1 Providing Line Painting Services to Outlying Communities, be referred to the City Manager for investigation through the Regional Service Commission and the Regional Managers group. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 We Are Passengers - Request to Present On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that "We Are Passengers" be allowed to present and that the request be referred to the Common Clerk for scheduling. Question being taken, the motion was defeated with Councillors Fullerton, Lowe, MacKenzie, Merrithew, Reardon and Strowbridge voting nay. 11 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 20, 2014/LE 20 MAI 2014 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the meeting of Common Council of Tuesday May 20th, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 10:00 P.M. Mayor / maire Common Clerk / greffier communal 5 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 26, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Reardon Regrets: Councillors Farren and Strowbridge - and - J. Hamilton, Commissioner Growth and Community Development and Acting City Manager; F. Beaulieu, Legal Counsel; G. Yeomans, Commissioner of Finance and Administration; W. Edwards, Commissioner of Transportation and Environment Services; K. Clifford, Fire Chief; N. Jacobsen, Commissioner Strategic Services, A. Poffenroth, Deputy Commissioner Growth and Community Development; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Andrew Morris offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of May 12, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on May 12, 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 with the addition of items 16.1 License Agreement — Live Fire Emergency Services training Facility; 17.1 Committee of the Whole: Surplus Real Estate - Fire Department Training Grounds Millidge Ave. and University Ave; 17.2 Committee of the Whole: Appointments to Committees; and 17.3 Committee of the Whole: Special Meeting, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Deputy Mayor Rinehart declared a conflict with item 17.2 Appointments to Committees 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2014- 69: Contract 2013 -22: Prince William Street (Princess Street to Duke Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, Common Council authorize Materials Management to issue a Purchase Order to Saint John Energy in the amount of $127,124.97 including HST to proceed with the work as outlined in the submitted report. 5.2 That as recommended by the City Manager in the submitted report M &C 2014- 70, Contract No. 2014 -4: Rodney Street (Watson to Lancaster) - Watermain, Sanitary and Storm be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $521,308.55 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. X 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 5.3 That the submitted report M &C 2014 -72: Public Information Session Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2, be received for information. 5.4 Refer to 14.1 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.4 M &C 2014 -74: Printing Services Agreement with Saint John Energy, which has 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 Disability Awareness Week - June 1- 7, 2014 The Mayor proclaimed the week of June 1 -7, 2014 Disability Awareness Week in the City of Saint John. 7.2 Green Marine Week - June 8 -14, 2014 The Mayor proclaimed the week of June 8 -14, 2014 Green Marine Week in the City of Saint John. 7.3 National Safe Kids Week - June 7 -14, 2014 The Mayor proclaimed the week of June 7 -14, 2014 National Safe Kids Week in the City of Saint John. 7.4 National Health and Fitness Day - June 7, 2014 The Mayor proclaimed June 7, 2014 National Health and Fitness Day in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading of Excavation of Streets ByLaw On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law Respecting Excavation of Streets in The City of Saint John" repealing and replacing the street excavation bylaw enacted on the 30th day of August, 2010, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -18, A By -Law Respecting Excavation of Streets in The City of Saint John," was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Mackenzie RESOLVED that the by -law entitled, "A By -Law Respecting Excavation of Streets in The City of Saint John" repealing and replacing the street excavation bylaw enacted on the 30th day of August, 2010, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 7 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -18, A By -Law Respecting Excavation of Streets in The City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Neighbourhood Development Stimulation Grant Applications 2014 K. Watson, Manager Recreation and Neighbourhood Support, provided an overview of the submitted report and listed the various grant recipients. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -76: Neighbourhood Development Stimulation Grant Applications 2014, Common Council allocates funding under the 2014 Neighbourhood Stimulation Grants Program to support the organizations as per the recommendations outlined in Table 1. Question being taken, the motion was carried. 12.3 Municipal Street Lighting Best Management Practice Samir Yammine, Energy Manager, responded to questions on the Street Lighting Best Practice. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -64: Municipal Street Lighting Best Management Practice, Common Council endorse the "Municipal Street Lighting Best Management Practice for the City of Saint John" in the form as submitted and further authorize staff to make necessary technical revisions on a go- forward basis. Question being taken, the motion was carried. 12.4 Establishment of an Investment Fund - PRO Kids Program On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -73: Establishment of an 'Investment Fund - P.R.O. Kids Program ", Common Council approve the "Investment Fund P.R.O. Kids Program" policy attached as Schedule "C" to this report. Question being taken, the motion was carried. 12.5 Contract No. 2014 - 2: Hillcrest Drive (Manawagonish Rd to Fenton Dr) — Street Reconstruction On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -75, Contract No. 2014 -2: Hillcrest Drive (Manawagonish Road to Fenton Drive) - Street Reconstruction be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $1,793,858.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.2 One -Stop Development Shop Program- Program Launch and Guiding Principles n. 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 Jacqueline Hamilton, Acting City Manager / Commissioner of Growth and Community Development, explained the purpose of the report is to officially launch the One -stop Development Shop, communicate the key messages from stakeholders and to seek Council endorsement of the principles that will guide the program. The program will be transformative and illustrate the desired culture of the City to focus on customer service as a priority. Staff explained the guiding principles, service improvements and timelines. On motion of Councillor McAlary Seconded by Deputy Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -71: One -Stop Development Shop Program Program Launch & Guiding Principles, Common Council endorse the Guiding Principles of the One -Stop Development Shop as outlined in this report. Question being taken, the motion was carried. 13. Committee Reports Councillor Merrithew withdrew from the meeting during the discussion and was absent for the vote on item 14.1. 14. Consideration of Issues Separated from Consent Agenda 14.1 M &C 2014 -76 Printing Service Agreement with Saint John Energy On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -74: Printing Service Agreement with Saint John Energy for the Production of Saint John Water Billings, Employee and Retiree Payroll Advices and Employee T4's, Common Council approve the Printing Service Agreement with Saint John Energy and that the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint John Water billings and employee T4's, as well as the printing of weekly employee and retiree's pay advices. Question being taken, the motion was carried. Councillor Merrithew re- entered the meeting 15. General Correspondence 15.1 H. Wright Letter re Demolition at 167 Prince William Street Responding to a question, F. Beaulieu, solicitor, advised that under s.190 of the Municipalities Act the only remedy for a structurally unsound building is demolition. Responding to a question, A. Poffenroth advised that demolition is the most prudent action for structurally unsound buildings. If there is lesser danger, such as an unsightly premise, clean up can be undertaken by the City and the owner of the building can be directed to pay back the City. Council discussed the merits of referral of the letter to the Heritage Board. Council Reardon, a representative of the Heritage Board, undertook to forward the letter to the board. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the letter from H. Wright regarding Demolition at 167 Prince William Street be received for information. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 License Agreement — Live Fire Emergency Services Training Facility On motion of Councillor McAlary Seconded by Councillor Merrithew 9 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 RESOLVED that as recommended by City Manager in the submitted report License Agreement — Live Fire Emergency Services Training Facility, the City of Saint John enter into a License Agreement with Irving Oil Refining G.P. and Irving Oil Operations GP in the form as attached to this report dated May 22nd, 2014 for the placement and operation of a live Fire Training Structure and the Saint John Fire Department Training Division on land owned by Irving Oil Limited, Highlands Operations Limited and Irving Oil Operations General Partner Limited - the partners in the above noted General Partnerships - situated at 690 Grandview Avenue; and that the Mayor and Common Clerk be authorized to execute the said agreement. Question being taken, the motion was carried. 17. Committee of the Whole 17.1. Surplus Real Estate - Fire Department Training Grounds Millidge Ave. and University Ave On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on May 26th, 2014, the City enter into an Agreement of Purchase and Sale with Cobalt Property Investments Limited for the sale of City Lands bearing PID 55221717. Question being taken, the motion was carried. Deputy Mayor Rinehart withdrew from the meeting for item 17.2 having declared a conflict. 17.2 Appointments to Committees — Taxi Advisory Committee On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on May 26th, 2014, Common Council makes the following appointments to the Taxi Advisory Committee: Taxi Advisory Committee: to appoint Richard Lee and Andrew Somerville each for a three year term from May 26th, 2014 until May 26th, 2017. Question being taken, the motion was carried. Deputy Mayor Rinehart re- entered the meeting. 17.3 Committee of the Whole Special Meeting Wed June 4th, 2014 at 4:30 p.m. On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that the Common Clerk be directed to schedule a special meeting of the Committee of the Whole on Wednesday June 4th at 4:30 p.m. in the 8th floor boardroom of City Hall to discuss a labour matter under section 10.2(4)(j) of the Municipalities Act. Question being taken, the motion was carried. 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the Common Council meeting of May 26, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:10 p.m. 10 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 26, 2014/LE 26 MAI 2014 Mayor / maire Common Clerk / greffier communal 11 712 Dominion Park Rd. Saint John, NB, E2M 4Y$ May 26, 2014 City of Saint John 15 Market Square PO Box 1971 Saint John, NB, E2L 4L1 Attention: Mayor & Council Re: Dominion Park Clean -up Day thanks Dear Mayor & Council, On Wednesday May 14th the residents of the Dominion Park Beach area held the 4a' annual clean -up day at Dominion Park Beach. This event continually works to assist to build the area into a clean safe environment and to help build a stronger community in the area. The event was a huge success and lots of fun. Thanks to the following that worked hard to contribute to this success; • Murphy Restaurants Inc. for providing Tim Hortons coffee, Timbits, shirts and gloves. • The residents of the Dominion Park and others who contributed to ease the workload. • Staff of Leisure Services, • Members of the Saint John Fire Department whose attendance and hard work was very much appreciated. • Go Fundy Events for supplying and sponsoring the BBQ meal. Dominion Park is a beautiful area that is available for enjoyment to all citizens of Saint John. As a UNESCO supported Stonehammer Geopark Site we expect more visitors, both locals and tourists to our area. We are looking forward to the continued efforts of city staff to ensure our area is maintained as the jewel that it is now. Y truly, . �`- Dave Ryan On behalf of the area residents 12 PH- El POR'r IO COMNION COQ NCID.� M &C- 2014 -081 May 29, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date —14 McLaughlin Crescent City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Luxor Shriners 14 McLaughlin "13-1" of NB Crescent RECOMMENDATION: Sec. 39 To permit the Amendment Luxor Shriners of NB to establish their offices, boardrooms and medical examina- tion rooms in the existing building That Common Council schedule the public hearing for the Section 39 amendment application of the Luxor Shriners of New Brunswick (14 McLaughlin Crescent) for Monday, July 7, 2014 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jac e!ihe Hamilton, MCIP, P J. Patrick Woods, CGA Co ssioner City Manager _ rwth and Community Development Services 1i sM 13 ulTVAr IIZ1j[ =:117 May 28, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Street Naming and Street Re- Naming BACKGROUND: City of Saint John A new development, consisting of two apartment buildings with a total of 25 units, is being developed at the corner of Waterloo and Golding streets. Between the two buildings, a total of 12 apartments will have their access doors off the private drive between the buildings. According to NB 9 -1 -1 guidelines, any private drive which has more than 2 civic addresses should have its own unique street name. Therefore Staff has asked the developer to suggest a street name for the private drive between the two buildings (see attached site plan). The developer has suggested Cathedral Lane as a street name for this private drive. One of the buildings in this development is located at the corner of Golding and Rebecca streets. In this building, four apartments will have their access off of the public street currently named Rebecca Street. Staff has identified this as a potential for confusion for emergency service providers as there is already a Rebecca Avenue in the City. This hadn't been a concern previously as there were no civic addresses on Rebecca Street, therefore no potential for confusion. Staff once again requested a suggestion for a street name from the developer and the developer suggested Hospital Lane as a replacement for Rebecca Street. ANALYSIS Both Cathedral Lane and Hospital Lane meet NB 9 -1 -1 guidelines and are, in Staff's opinion, acceptable as both the Cathedral of the Immaculate Conception and St. Joseph's Hospital are nearby. 14 M &C- 2014 -80 May 28, 2014 RECOMMENDATIONS -2- It is recommended that Common Council amend the list of Official Street Names and approve the following changes: 1. Add the name allee Cathedral Lane; 2. Remove the name rue Rebecca Street; and 3. Add the name allee Hospital Lane. Respectfully submitted, YL Hamilton, MCIP, RPP issioner i and Community Development Services 15 J. Patrick Woods, CGA City Manager a� �o 8� 0 n•:a � o 6' -I a 'o� o� rn oa �n 4r tea. p O a � ,O !-b pig w �aa Im RPbe� cc0 _ � DSO• �. S!�/-� 4 �i + �QI + �r/00 (ee, s" ) i n � N � p � � ee 3°a10�� I ►to CD 3c r+ w (p �a�� ?E`:EEiEiEE '.ff74f9fi`i3s zi � a< �� a p �e le i��i16�•'s ���� � am - •s cr is _ � o 16 wnui I g p R'l a 9 � alp � � � �•I� s �. � � p r 9i g r REPORT TO COMMON COUNCIL M &C2014 -78 May 27, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: HIGHWAY USAGE PERMIT (HUP) TRANSFIELD DEXTER GATEWAY SERVICES LIMITED ROUTE 1 BACKGROUND rZ She Chy of Saint Mm As part of the project Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements — Phase 2, the City will install approximately 310 lineal meters of new 900 mm diameter concrete storm pipe adjacent to Route 1 Eastbound Lanes. The administration and control of Route 1 has been delegated by New Brunswick Highway Corporation (NBHC) to Route 1 Gateway Project Company Ltd. (RIG Project Company) and sub - delegated to Transfield Dexter Gateway Services Limited (Operator). A Highway Usage Permit (HUP) is required for infrastructure constructed within the limits of Route 1. The agreement is not unlike a railway crossing licence or an agreement to cross natural gas pipelines in that a permit holder, the City, is required to commit to a standard set of terms and conditions in return for the privilege of placing its infrastructure within the limits of Route 1. The HUP attached to this M &C is substantially the same as previous permits with NBHC in respect to its terms and conditions. The requirement for a security deposit and the fees are set by Regulation 2009 -506 under the New Brunswick Highway Corporation Act. There is no security deposit requirement in this case, the fee on issuing the HUP is $2,000.00 and the annual fee is $2,500.00. 17 M &C2014 -78 May 27, 2014 Page 2 PURPOSE The purpose of this report is to present the agreement to Council for its consideration. INPUT FROM OTHERS The City Solicitor's Office has reviewed the agreement between New Brunswick Highway Corporation and RIG Project Company together with the Order in Council 2010 -145 authorizing such agreement. As well, the City Solicitor's Office has reviewed the HUP with input from the City's Insurance Co- ordinator. RECOMMENDATION It is recommended that the City of Saint John enter into "Highway Usage Permit {HUP} D2013- 001 with Transfield Dexter Gateway Services Limited, in the form as attached to this M &C No. 2014 - 78, and that the Mayor and Common Clerk be authorized to execute the said HUP Respectfully submitted, Michael Baker, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation & Environment in Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager HIGHWAY USAGE PERMIT No. D2013 -001 THIS PERMIT issued in duplicate copies this day of .2o FROM. Transfield Dexter Gateway Services Limited, a body corporate incorporated under the laws of the Province of New Brunswick (hereinafter called the "Operator "); TO: City of Saint John, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "Applicant "). WHEREAS the Minister of Transportation and Infrastructure (the "Minister ") under and by virtue of the Highway Act, being Chapter H -5, RS.N.B. 1973 (the "Highway Act ") has the administration and control of highways in the Province of New Brunswick; AND WHEREAS the administration and control of the Route 1 Facility (the "Highway") as defined in the OMR Agreement, Schedule 4, a copy of which is available to the Applicant upon request, has been given to the New Brunswick Highway Corporation ( "NBHC ") by the Minister with the approval of the Lieutenant - Governor in Council; AND WHEREAS the Route I Gateway Project Company Ltd. ( "RIG Project Company") is a delegate of NBHC; AND WHEREAS the Operator is a sub - delegate of NBHC and may, as such, issue highway usage permits (as that term is defined in the New Brunswick Highway Corporation Act) with the approval of RIG Project Company in connection with the Highway, AND WHEREAS the Applicant has requested a Highway Usage Permit for the purpose of installing approximately 310 lineal metres of new 900mm diameter concrete storm pipe, adjacent to Route 1 Eastbound lanes, between kilometer markers 118 and 119, which installation, construction methods and dimensions, materials and schedule are more particularly described in the Project Outline annexed hereto and forming a part hereof and marked as Appendix "A" (the "Work "); AND WHEREAS the Applicant has requested authorization to carry out the Work on the Highway in accordance with the Applicant's Traffic Control Management Plan, a copy of which is annexed hereto and marked as Appendix "Al' (the "Traffic Control "), and forms part of the Work; 19 AND WHEREAS the Operator has, with the Approval of R1G Project Company, agreed to issue to the Applicant, a Highway Usage Permit (the "HUP") upon the terms and conditions herein set forth which forms part of this HUP. ARTICLE 1 1. GENERAL 1.01 The Operator hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon and use the Highway location detailed in the Work (the "Approved Site") on a non - exclusive basis for the use and purposes of the Work. FEES 1.02 The Applicant agrees to pay to the Operator for each year during the term of the HUP, the fees that are or may be established under Regulation 2009 -156 made under the New Brunswick highway Corporation Act as may be amended, revised and /or supplemented from time to time. 1.03 As a result of the Work scheduled to be installed, operated and maintained on the Highway, and in addition to any fees that may be imposed in accordance with subsection 1.02, the applicant shall pay a) on issuance of this HUP, a one time fee of $2,000.00 pursuant to Section 11 of the Highway Usage Regulation — New Brunswick Highway Corporation Act, and bj effective April 1, 2014 and for each fiscal year thereafter, an annual fee of $2,500.00 pursuant to Section 10 of the Highway Usage Regulation 1.04 The annual fees payable under this section are due and payable on the first day of April in each Fiscal Year, and are to be made by certified cheque payable to the NBHC. Cheques are to be forwarded to the Operator as follows: Page 2 of 18 20 HUP D2013 -001 Transfield Dexter Gateway Services Limited Attention: OMR Manager 39 Phaeton Drive PO Box 1036 Hampton, NB E5N 8H1 1.05 The Applicant acknowledges and agrees that failure to pay the fees, within thirty days from receipt of the invoice for same, shall result in the termination of the HUP. ARTICLE 2 2. CONSTRUCTION/WORK 2.01 The Applicant, its contractors, subcontractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at its own expense, perform the Work on the Highway in accordance with the terms and conditions herein set forth. 2.02 The Applicant shall carry out the Work in accordance with and meeting the prescribed standards by all applicable federal and provincial statutes, as amended from time to time, and municipal by -laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Work or which apply to or otherwise affect the Applicant and its business assets, insofar as same relates to the Work, including, but not limited to, this HUP, the Highway Act, the New Brunswick Highway Corporation Act, Regulation 2009 -156, the OMR Agreement, the New Brunswick Work Area Traffic Control Manual and all environmental and occupation health and safety laws. 2.03 The Applicant undertakes to submit all plans and specifications detailing location, timing, duration and method of the Work to the Operator prior to the commencement of any of the Work. The Applicant hereby agrees to not undertake or commence any of the Work prior to receiving written approval from the Operator. It is understood and agreed between the parties hereto that approval of the plans and specifications for any Work to be carried out on the Highway does not in any way affect or alter the Applicant's responsibility for the design or implementation of the Work, and the Operator hereby specifically denies any such responsibility. Page 3 of 18 21 HUP D2013 -001 2.04 The Applicant agrees to complete and deliver to the Operator a final "as built" plan detailing all construction undertaken as part of the Work completed at the Approved Site within three months of the completion of the Work. 2.05 The Applicant shall carry out the Work in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0 -0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.06 The Applicant shall during the period of the Work: (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the site where any of the Work is taking place; and (ii) ensure that its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.07 The Applicant shall, upon the request of the Operator, provide to the Operator within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of sections 2.05 and 2.06 hereof. 2.08 No material or equipment shall be deposited or stored on the Highway or the Approved Site without the prior written approval of the Operator. 2.09 All brush and debris resulting from the Work shall be disposed off the Highway and the Approved Site by the Applicant, and at the expense of the Applicant. 2.10 The Work at the Approved Site shall be restricted to the hours between 30 minutes after sunrise and 30 minutes prior to sunset, and shall not be carried out during times of reduced visibility, inclement weather or where the Work will interfere with the delivery of winter maintenance services on the Highway. 2.11 The Applicant shall give the Operator not less than five (5) business day's written notice of its intention to commence the Work, and the Applicant shall not commence the Work prior to receiving written approval from the Operator. 2.12 The Applicant shall ensure that it, its contractors, subcontrators, workmen or agents abide by and will be bound by the terms and conditions of this HUP. 2.03 No construction shall disturb the asphalt surface of the Highway without the prior written approval of the Operator. Page 4 of 18 22 HUP D2013 -001 ARTICLE 3 3. STANDARD OF CONSTRUCTION 3.01 (a) The construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. If, in the Operator's opinion, acting reasonably, the construction is not being carried out in a good and workmanlike manner in accordance with section 2.02 hereof and in accordance with the plans and specifications submitted pursuant to section 2.03 hereof and approved by the Operator, the Operator may advise the Applicant of the basis for its opinion and the Applicant will rectify any deficiencies in the construction to the reasonable satisfaction of the Operator. The Applicant agrees to forthwith rectify and repair any deficiencies in the construction to the reasonable satisfaction of the Operator. If the Applicant does not forthwith rectify and repair the deficiencies to the reasonable satisfaction of the Operator, the Operator may suspend performance of the Work by giving written notice to that effect to the Applicant; such suspension shall be effective in the manner specified in the notice. It is understood and agreed between the parties that any request by the Operator for the Applicant to rectify deficiencies in the construction or the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, regardless of the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred. It is further understood and agreed between the parties that failure of the Operator to give instructions in regards to the construction does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. (b) Notwithstanding the provisions of paragraph 3.01(a) hereof, where the Operator is of the opinion that the construction poses a hazard to the safety of any person using the Highway, the Operator may request that the Applicant take such action, as is necessary, in the opinion of the Operator, to alleviate the hazard. Upon receiving such a request, the Applicant agrees to forthwith take the requested action at the cost of the Applicant. If the Applicant falls to take such action, the Operator may take such action as is necessary to alleviate the hazard. If the Operator is required to take action under this paragraph, the Applicant shall, upon demand, reimburse the Operator for all expenses reasonably incurred in connection therewith. Any request issued or action taken by the Operator under this paragraph, shall not give rise to any claim by the Applicant and any such claim is hereby specifically barred. It is further understood and agreed between the parties that failure of the Operator to issue a request or take action under this paragraph does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. Page 5 of 18 23 HUP D2013 -001 3.02 The Applicant shall use every reasonable effort to ensure, where practical, that: (i) all construction is performed in a manner that causes no damage to the Approved Site or the Highway; (ii) thru traffic flow is maintained on the Highway during all construction according to the most recent New Brunswick Work Area Traffic Control Manual, as amended from time to time, the receipt of which the Applicant acknowledges; (iii) the construction does not interfere with or obstruct the Highway or traffic thereon except, with the prior written approval of the Operator, as may be reasonably necessary or required during actual periods of construction; and 0A the construction does not alter or interfere with the drainage pattern of the Highway or any property that is adjacent to or downstream of the Highway. 3.03 Notwithstanding paragraphs 3.01(a) and 3.01(b) hereof, if, in the opinion of the Operator, the Work including any construction or maintenance activities of the Applicant cause or result in disturbance to the asphaltic surface of the Highway or otherwise cause damage to the Highway, including the area within the Highway right -of -way, the Operator may, (but shall not be required to) in addition to and without prejudice to its other rights and remedies available hereunder, undertake and complete such repairs and /or remedial work (including the removal and replacement of any improvements and structures installed under the authority of the HUP) as the Operator considers appropriate, acting reasonably . All such repairs and /or remedial work including all costs incurred to deal with any emergency situation resulting from performing the Work including construction or maintenance shall be at the sole cost and expense of the Applicant and the Applicant covenants to forthwith pay to the Operator, on demand, all costs and expenses, direct or indirect, incurred by the Operator in attending thereto together with interest thereon from the date any such expense is incurred to and including the date payment at the Average Prime rate plus three percent (3%) per annum, calculated daily not in advance. It is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, NBHC, RIG Project Company or the Province regardless of the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred. 3.04 If, in the opinion of NBHC and /or the Operator, in each of their sole and absolute discretion, it is not expedient to remedy any damage to the Highway, including Page 6 of 18 24 HUP D2013 -001 any portion of the right -of -way and /or disturbance to the asphaltic surface of the Highway, NBHC and /or the Operator may require the Applicant to pay and amount equal to the costs which, in the reasonable estimation of NBHC and /or the Operator, would be incurred by NBHC and /or the Operator to complete the repairs and /or the remedial work necessary to repair the highway, the right -of- way and /or the asphaltic surface of the Highway to the standard satisfactory to NBHC and /or the Operator. NBHC's and /or the Operator's determination of this amount shall be final and binding for all purposes of the HUP. It is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against NBHC and /or the Operator, regardless of the reasonableness of NBHC's and /or the Operator's opinion, and any such claim is hereby specifically barred. 3.05 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property administered by the Operator: the applicant will immediately cease all work in that area, and (ii) the applicant will immediately inform the Operator of the said contamination in order for the Operator to assess the situation. 3.06 If the Applicant fails to abide by section 3.05 and contamination is later determined to have been present, the Operator, Her Majesty the Queen in Right of the Province of New Brunswick, NBHC or R1G Project Company shall not be responsible for the resulting deterioration or damage, which shall be for the account of the Operator. ARTICLE 4 4. REPAIRS TO THE APPROVED SITE 4.01 Upon completion of the Work, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Site to the extent necessary to restore the Approved Site to at least the condition existing prior to the commencement of the Work in a manner satisfactory to the Operator. 4.02 All repairs to the Approved Site, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Site or to the Highway, caused by the construction, or use of the Approved Site at the request and to the reasonable satisfaction of the Operator, shall be the responsibility of the Applicant. Page 7 of 18 25 HUP D2013 -001 4.03 If the Operator is required to make any repairs to the Approved Site or the Highway as a result of the Work by the Applicant, the Applicant shall, upon demand, reimburse the Operator for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Operator shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this Article and allow the applicant a reasonable opportunity to forthwith proceed to diligently repair the same. ARTICLE 5 S. LIABILITY AND INDEMNITY 5.01 The Operator, the Crown, NBHC or RIG Project Company shall not be responsible for any damage to the Work of the Approved Site, from any cause whatever other than damage resulting from the gross negligence or wilful misconduct of the Operator, Crown, NBHC or RIG Project Company and their respective officers, employees and agents. 5.02 The Applicant hereby agrees to indemnify and save harmless the Operator, Her Majesty the Queen in Right of the Province of New Brunswick and any and all departments, ministries, agencies, boards, commissions and /or corporations thereof (hereinafter referred to as the "Crown "), NBHC, RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants, from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Work or the operations, use, maintenance or repair activities of the Applicant or of its employees, agents, contractors or subcontractors in respect hereof. 5.03 The Applicant shall promptly pay compensation to the Operator, NBHC and RIG Project Company for all damages suffered by the Operator, NBHC and RIG Project Company as a result of the indemnity at section 5.02 and /or of the Work or the operations, use, maintenance or repair activities of the Applicant. 5.04 The Operator, the Crown, NBHC and RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants shall not be responsible for any damages suffered by the Applicant as a result of the Work or the operations, maintenance use or repair activities of the Applicant in respect of the Work. Page 8of18 26 HUP D2013 -001 ARTICLE 6 6. INSURANCE 6.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of this HUP and any extensions or renewals thereof general liability insurance in form and content acceptable to the Operator, NBHC and the RIG Project Company acting reasonably, to protect Applicant, its contractors and subcontractors, as well as the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns, and their respective shareholders, directors, officers, legislators, employees, agents and servants. 6.02 Such insurance shall provide coverage for property damage to the Approved Site and the Highway, including loss of use thereof, and shall protect the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns and their respective shareholders, directors, officers, legislators, employees, agents and servants from all claims arising out of liability for property damage, bodily injury (including death) and personal injury arising out of the Work or out of occupancy of or operations in connection with this HUP. 6.03 This liability insurance shall provide for, but not be limited to: (i) a $5.0 million limit of liability per occurrence; (ii) Sudden & Accidental Pollution coverage for all insured perils; (iii) broad form occurrence property damage (including coverage for loss of use without property damage); (iv) cross liability and separation of interest with respect to each Insured; (v) the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants to be included as Insureds or Additional Insureds with respect to liabilities arising out of the Work or out of the occupancy of or operations in connection with this HUP; (vii) breach of any of the terms and conditions of the policy, or any negligence or wilful act or omission or false representation by any other Insured or other person, shall not invalidate the insurance with respect to the Operator, the Crown, NBHC, RIG Project Company, any of their permitted successors and assigns, and any of their respective shareholders, Page 9 of 18 27 HUP D2013 -001 directors, officers, legislators, employees, agents and servants required to be included as Insureds. 6.04 At all times during the term of this HUP, all insurance policies shall be issued by financially sound insurers licensed to carry on business in Canada or in one or more of the provinces or territories in Canada. Insurers shall not cancel or materially change the policy until sixty (60) days prior written notice has been provided to the Operator and NBHC. 6.05 if closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance to provide any insurance required by this HUP, the Applicant shall provide ninety (90) days prior written notice to the Operator and RIG Project Company of the program structure and participants with sufficient information to permit the Operator and RIG Project Company to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut- through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Operator, the Crown, NBHC, RIG Project Company, their permitted successors and assigns, and their respective shareholders, directors, officers, legislators, employees, agents and servants required to be included as Insureds. 6.06 Certified true copies of all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Operator and RIG Project Company, shall be delivered to the Operator and RIG Project Company prior to any Construction. Certificates of insurance, or other documentation in form and content acceptable to the Operator and RIG Project Company, evidencing any renewal of these insurance policies or any replacement insurances, shall be delivered to the Operator and RIG Project Company not later than fifteen (15) days prior to the expiration of existing policies. Certified true copies of all renewal or replacement policies shall be delivered not later than ten (10) business days after a written request from the Operator or RIG Company. 6.07 If any contractor or subcontractor hired by the Applicant, or conducting any operations or construction in connection with this HUP on behalf of the Applicant, is not insured under the general liability insurance required to be purchased and maintained by the Applicant, the contractor or subcontractor shall purchase and maintain in full force during the term of its operations, general liability insurance, in form and content acceptable to the Operator and RIG Project Company, that meets all the coverage and administrative requirements set out in this Article 6. 6.08 The Operator, NBHC, RIG Project Company and the Crown shall not be responsible for any damage to the Applicant or the construction from any cause Page 10 of 18 HUP D2013 -001 whatsoever, other than resulting from gross negligence or wilful misconduct of the Operator, N3HC, Project Company and the Crown and their respective officers, employees or agents. ARTICLE 7 7. MAINTENANCE AND REPAIR OF WORK OR UNDERTAKING INSTALLED 7.01 Following completion of the Work, the Applicant may, during the term of the HUP and upon providing notice to the Operator, enter upon the Approved Site for the purpose of maintaining, inspecting, repairing or removing any work appurtenances, attachments, apparatus and equipment belonging to the Applicant. 7.02 In performing the maintenance or repair of the Work as provided for Under Paragraph 7,01, the Applicant will comply with the terms and conditions set out under Articles 2, 3 and 4, making the necessary modifications when necessary. 7.03 In exercising a right granted by this HUP, the Applicant, its agents, servants or anyone acting on its behalf shall be liable to the Operator, the Crown, NBHC and RIG Project Company for all damage caused to the Approved Site and any other property damaged and shall make full compensation for all damage caused or arising while carrying out the activities. 7.04 After construction and prior to operating the Work, the Applicant shall file a Certificate of Insurance with the Operator that verifies that it is insured against any liability that it may incur in operating, inspecting, maintaining or repairing the Work located in, on, along, above or under the Approved Site by an insurance company licensed to do business in the Province of New Brunswick which insurance coverage shall be of a type or class and in an amount approved by RIG Project Company. 7.05 In the event the Highway is realigned and that portion of the Highway in the area where the Work or any structure, appurtenances, attachments, apparatus, devices and equipment associated therewith are located, no longer forms part of the Highway, the Applicant shall forthwith remove the same upon notice from the Operator and /or NBHC (the "Abandoned Section "). 7.06 The materials including the Work on the Abandoned Section shall be removed at the sole expense of the Applicant. The Applicant shall remove the same and remedy and rehabilitate that former portion of the Abandoned Section to the satisfaction of the Operator and NBHC. Any such work done by the Applicant Page 11 of 18 29 HUP D2013 -001 shall be carried out completely at the expense of the Applicant. 7.07 The Applicant shall have the full right and permission where necessary to enter into the Abandoned Section with people, machinery and material for the purpose of carrying out such obligations however any damage to the same thereby occasioned and where required paying compensation for the damages to the Operator and NBHC arising from such entry. Any such work done by the Applicant pursuant to this provision is to be carried out completely at the expense of the Applicant and the condition of the area returned to the same condition as it existed prior to entry. 7.08 The Operator shall use all best efforts to cooperate with the Applicant to obtain such further Highway Usage permits as may be required to permit the Applicant to reinstall the Work and or any appurtenances, attachments, apparatus and equipment associated therewith in a prompt manner. ARTICLE 8 8 TERMINATION 8.01 This HUP shall terminate: (a) on the 30th day of June, 2040; or (b) at the option of the Operator, with the approval of RIG Project Company, upon a 30 business day written notice to the Applicant: Page 12 of 18 (i) if the Approved Site is used for any purpose other than that described in Article 1; (ii) in the event the Applicant shall not have commenced the Work on the Approved Site within I year from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; or (iii) if the Applicant defaults in observing or performing its obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Operator by way of written notice thereof, the Operator may at its sole discretion (and with 30 HUP D2013 -001 the approval of R1G Project Company) and without recourse by the Applicant terminate this HUP; or (c) at any time, in the sole and absolute discretion of the RIG Project Company, upon such terms and conditions as the R1G Project Company considers appropriate but the obligations of the Applicant under this HUP shall survive such cessation and determination of such permission. if this HUP is terminated pursuant to subparagraph 8.01(b) or (c), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 8.02 The Operator, the Crown, NBHC and R1G Project Company shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 8.03 In the event the Applicant elects to terminate this HUP, it shall so advise the Operator in writing which notice shall terminate this HUP. 8.04 Upon termination of this HUP pursuant to sections 8.01 and 8.03, the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all the terms and conditions which R1G Project Company in its sole and absolute discretion considers appropriate to fulfill the Applicant's obligations under this HUP and to restore the Approved Site, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to this provision shall be carried out completely at the expense of the Applicant. 8.05 Notwithstanding any provision of the HUP, R1G Project Company or NBHC may, in their sole and absolute discretion, cancel, terminate or reinstate this HUP in accordance with such conditions as R1G Project Company and /or NBHC directs. ARTICLE 9 9. NATURE OF HUP 9.01 The Applicant's right to enter the Approved Site for the purpose of installing, constructing, operating and maintaining the Work pursuant to this HUP is as a Page 13 of 18 31 HUP D2013 -001 mere licensee. This HUP does not grant or convey to the Applicant any title to the Approved Site or the Highway. 9.02 It is understood and agreed that with respect to any plans, including the plans specified in sections 2.03 and 2.04 to be prepared by the Applicant for purposes of the Work or for identifying property or the status of title of property, the Operator does not, in any way, represent or warrant to the Applicant that the Approved Site is located as shown on the said plans or that NBHC owns or controls all or any portion of the right -of -way shown. The location of the Approved Site is determined by the Applicant at its sole risk and the Work is undertaken thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Site, it shall examine such title and ownership at its own expense and the Operator shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Operator. 9.03 This HUP is non - exclusive. The Operator hereby reserves the right to grant permission to other persons to use the Approved Site for whatever purpose the Operator deems appropriate provided, always, that the Operator shall not permit any other person to use the Approved Site for any such purpose if such use or any construction of other work in connection therewith would in any way interfere with the Applicant's use thereof. 9.04 This HUP, and any right conveyed herein by the Operator to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Crown, RIG Project Company or the Operator to any other persons or corporations to use the Approved Site. The Applicant hereby agrees not to damage or in any way interfere with any other person's use and enjoyment of the Approved Site. The Applicant further agrees to reimburse any person for the costs of any damages to their plant or equipment located on the Approved Site arising from or caused by the negligence of the Applicant in the carrying out of the Work and /or operating, using, and maintaining the Work on the Approved Site. 9.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, voidable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 9.06 This HUP in no way affects or binds any other minister, department, agency or crown corporation of the Province of New Brunswick, or shareholder or affiliate of the Operator. Page 14 of 18 32 HUP D2013 -001 ARTICLE 10 10. NOTICE 10.01 Any notice, direction or other instrument required or permitted to be given to the Operator hereunder shall be in writing and delivered personally or by courier or sent by facsimile to the Operator at: Transfield Dexter Gateway Services Ltd. 39 Phaeton Drive PO Box 1036 Hampton, NB ESN SH1 Facsimile (506) 832 -3405 or to such other address or fax number as the Operator may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and delivered personally or by courier or sent by facsimile to the Applicant at: City of Saint John c/o Michael Baker, P.Eng. P-0-Box 1971 Saint John, NB E21- 41-1 Facsimile (506) 658 -2852 or to such other address or fax number as the Applicant may from time to time designate in writing to the Operator and R1G Project Company. 10.02 Any notice, direction or other instrument aforesaid, if delivered personally or by courier, shall be deemed to have been sent and received on the date on which it was delivered or, if faxed, shall be deemed to have been sent and received on the day on which transmission is confirmed. 10.03 For purpose of this Article, "Business Day" means any day which is not: (i) a Saturday or a Sunday, or (ii) a day observed as a holiday under the laws of the Province of New Brunswick. Page 15 of 18 33 H UP D2013 -001 ARTICLE 11 11. NEW BRUNSWICK LAWS OR REGULATIONS 11.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provisions of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 11.02 The New Brunswick Highway Corporation Act, regulations made thereunder, the Highway Act and regulations made thereunder, as each may be amended from time to time, and any act or regulations made in substitution thereof apply to this HUP and the Applicant agrees to be bound thereby. ARTICLE 12 12. SINGULAR - PLURAL 12.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. ARTICLE 13 13. BINDING EFFECT 13.01 This HUP, and everything herein contained, shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be constructed as permitting any assignment by the Applicant not authorized by this HUP. ARTICLE 14 14. ASSIGNMENT 14.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of RIG Project Company. Page 16 of 18 34 H UP D2013 -001 ARTICLE 15 1s NON - WAIVER 15.01 Failure by the Operator, NBHC or R1G Project Company to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Operator or NBHC or R1G Project Company to require or insist that an action be taken according to the terms of this HUP ARTICLE 16 16 AMENDMENTS 16.01 if at anytime during the continuance of this HUP, NBHC or R1G Project Company deems it necessary or expedient to make any alteration or additions to this HUP or to transfer, suspend, renew or reinstate this HUP, it may do so by means of a written notice to the Applicant which shall be supplemental to and form part of this HUP. ARTICLE 17 17. TIME 17.01 Time is of the essence of this HUP_ ARTICLE 18 18. INTERPRETATION 18.01 Terms used herein and not otherwise defined, which are defined in the New Brunswick Highway Corporation Act and regulations thereunder shall have the meaning ascribed to them therein Page 17 of 18 [Remainder of page intentionally left blank. Signatures continued on following page] 35 HUP D2013 -001 IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit on the day, month and year first written above, SIGNED, SEALED & DELIVERED: Witness TRANSFIELD DEXTER GATEWAY SERVICES LTD. Mark Kenny OMR Manager CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution March _, 2014 Page 18 of 18 HUP D2013 -001 36 64 F, Highway Usage Permit Application -- Project Outline City of Saint John Honeysuckloherbrooke Drainage Basin - Storm Sewer Improvements April 3 2014 Page 1 It is the City's intention to obtain the required Highway Usage Permit (HUP) for Location 1 at this time. However, the City will be submitting figures and drawings for Location 2 and 3 at a later date, once additional permissions are obtained. For clarity of the project as a whole we have included Location 2 and 3 in our Project Summary/Project Background. Table 1 -erect Summary LOCATION INFRASTRUCTURE I F LOCATION ON NOTES ASSOCIATED ROUTE 1 FIGURES OVERALL SITE PLAN Figure SP Location 1- 310m of new 9D0mmo Adjacent to Route 1, Landscaping restoration Figure 1 TENDER 2 - concrete storm pipe Eastbound, between and fence removal and Sherbrooke Street and associated Highway Kilometer reinstallation or Figure 1a (including to Honeysuckle landscaping. Markers 118 and replacement as required. ortho) Drive along Route 119. It is not expected that Construction 1 any guiderail will be Drawings removed or that any phase 2 — asphalt reinstatement Sheets 11, 12,13 will be required during construction activities. * *See attached. Location 2- Connection of new Adjacent to Route 1, Landscaping restoration Figure 2 TENDER 3 — Route 375mmO Storm pipe to Westbound, and fence removal and 1 near the end of existing catchbasin_ between Highway reinstallation or Figure 2a (including Earle Avenue and Kilometer Markers replacement as required ortho) Edward Avenue 119 and 120. where construction Construction activities take place. It is Drawings not expected that any Phase 3 -- Sheet 1 asphalt reinstatement * *Drawings and will be required during figures to be construction activities. submitted at a later date. Location 3- 275m of new 300mmo Adjacent to the Landscaping restoration Figure 3 TENDER 3— PVC Sanitary pipe along Route 1 off ramp will be required where Catherwood Street the Route 1 o off ram p {Westbound) close to construction activities Figure 3a {including off ramp. (westbound) and Highway Kilometer take place. Asphalt ortho) crossing Catherwood Marker 119. restoration will be Construction Street. required on Catherwood Drawings Street where pipe Phase 3 — alignment crosses Sheets 3, 4 roadway. * *Drawings and figures to be submitted at a later date. Highway Usage Permit Application — Project Outline City of Saintlohn Honeysuckle/Sherbrooke Drainage Basin - Storm Sewer improvements April 2014 Page 2 Project Backeround Storm water collection and the separation of combined sanitary flow is a priority for the City of Saint John. The basic scope of work for this project was developed from the findings and recommendations of a prior study entitled Honeysuckle Drive Drainage Basin Study dated August 2010 by CBCL Limited. Residents in the Honeysuckle Drive area situated alongthe Manawagonish Creek in the west end of Saint John have periodically experienced basement flooding along with erosion and loss of property due to high flows which occur during heavy rains and spring freshets. The City of Saint John, along with the assistance of Dillon Consulting, have investigated options to design and construct new drainage structures and storm sewer pipes to collect and convey local stormwater to assist with reducing these flood risks that have historically occurred. As part of these investigations it has been determined that infrastructure upgrades will be required in order to assist with minimizing the flooding potential. The ultimate objective of this project is to reduce flooding risks in the referenced areas by separating selected portions of combined sewers through the design and construction of new storm sewers, thus mitigating some or all of the risk of flooding currently experienced by some residents residing within the affected drainage area. Figure SP is a site plan showing the location of all areas (See attached). Figures 1, la, 2, 2a, 3 and 3a detail each individual project with and without ortho photographs (See attached Figures 1 & la). Figures 2, 2a, 3 and 3a will be submitted at a later date once additional approvals are obtained. Proiect Overview A new storm system is proposed for portions of Cushing Street, Young Street and Lawrence Street, Sand Cove Road, Sherbrooke Street, Route 1 Right -of -Way (ROW), as well as Edward Avenue, Earle Avenue and Catherwood Street. In addition to new work on these City streets, there are three locations where the installation of new storm or sanitary sewer is required to cross lands owned and operated by the Department of Transportation and Infrastructure (DTI) and Route 1 Gateway Operations (111G). Location 1 in the previous Table 1 summary includes approximately 300m of 900mm storm sewer to be installed along the eastern edge of the DTI ROW between Sherbrooke Street and Manawagonish Creek. This new line is required for increased stormwater capacity created by the proposed combined sewer separation in the Sherbrooke Street and Sand Cove Road areas. While portions of the section along Route 1 were originally proposed as open swale, the design was revised to continuous pipe for less adverse impact to Route I Gateway Operations as requested by DTI. The new pipe will be installed parallel to existing storm and sanitary sewers and the proposed installation will not affect existing DTI Route 1 drainage infrastructure (See Figures 1 &1a attached). Location 2 includes the installation of approximately 90m of new 300 and 375mm diameter storm sewer, only 30m of which is on the DTI ROW. The remainder will be installed on City of Saint John ROW immediately adjacent to the existing DTI ROW. The Installation of the proposed storm sewer will allow 39 Highway Usage Permit Application — Project Outline City of Saint John Honeysuckle/Sherbrooke Drainage Basin - Storm Sewer Improvements April 3 2014 Page 3 the separation of existing catch basins from the existing sanitary sewer at the ends of Edward Avenue and Earle Avenue (Figures 2 & 2a will be submitted at a later date). Location 3 includes the installation of a new 300mm PVC sanitary sewer which will allow the existing 600mm combined sewer to convey storm sewer only. The new sanitary sewer runs parallel to the existing 600mm combined sewer from the rear of the Lancaster Mali site to Beaver Court (Figures 3 & 3a will be submitted at a later date). It is understood that scheduling and signage for construction will be subject to RIG approval. Cross Reference to Construction Drawinrts Location 1 (Sherbrooke Street to Manawagonish Creek) is included in the construction drawings for Phase 2 and applicable details are shown on Sheets 11, 12 and 13. Locations 2 and 3 are included in the construction drawings for Phase 3. Applicable details for Location 2 (Route 1 to Edward Avenue and Earle Avenue) are shown on Sheet 1 and details for Location 3 (Lancaster Mall to Beaver Court) are shown on Sheets 3 and 4 (Construction drawings and figures for Locations 2 and 3 will be submitted at a later date). Construction Methods The storm and sanitary sewer, manholes and connections required on NBDTI right -of -way will be installed using conventional open trench construction methods. Compaction of backfill materials will be carried out by appropriate compaction equipment as required. Location 1 (Tender 2) requires a small section of fence (approximately 50m) at the ends of Montreal Avenue and Molson Avenue along Route 1 be removed and replaced to install the storm infrastructure. Location 2 (Tender 3) requires a small section of fence (approximately 10m) at the end of Edward Avenue and Earle Avenue along Route 1 be removed and replaced to install the storm infrastructure. The contract specifications and the drawings will advise the contractor of any and all rules and procedures that must be followed to perform this work. The specifications will require that the Contractor install temporary fencing after hours where required during construction. Decorative trees located along the proposed route at all locations will be protected to the extent possible. Trees which must be removed will be transplanted or replaced as required and subject to DTI directive in HUP. All work to be carried out during this contract will have full time inspection by Dillon Consulting Limited to ensure the requirements outlined in the drawings, specifications, and Route 1 Gateway Operations Project Technical Specifications and Standards are adhered to. .N Highway Usage Permit Application — Project outline City of Saint John Honeysuckle/Sherbrooke Drainage Basin - Storm Sewer Improvements April 3 2014 Page 4 Dimensions and Materials Location 1 (Tender 2) storm sewer is proposed to be 900 mm diameter pipe between kilometer markers 118 and 199. Location 2 (Tender 3) storm sewer is proposed to be 375 mm diameter PVC pipe connecting to the existing CB adjacent to Route 1(Westbound) between highway kilometer markers 113 and 120. Location 3 (Tender 3) sanitary sewer is proposed to be 300 mm PVC sanitary pipe along the Route 1 off ramp (westbound) and crossing Catherwood Street at approximately highway kilometer marker 119. (Construction drawings and figures for Locations 2 and 3 will be submitted at a later date). All materials used will be per the City of Saint John General Specifications. Landscaping Any disturbed soils and landscaping will be reinstated to pre - construction conditions (or better). It is not anticipated that any asphalt will be disturbed during these works, Traffic Control Any disruptions to traffic as a result of these works will be submitted for approval in advance and will be done in accordance with the Workplace Area Traffic Control Manual (WATCM) and the HUP requirements. The installation of pipe along the existing ditch line of Route 1 between Sherbrooke Street and Manawagonish Creek (Location 1, Tender 2) is not expected to affect traffic flow on Route 1 (Eastbound). All construction access will be from City streets. Schedule The work is planned to be undertaken during the 2014 construction season. Upon approval from the Route 1 Gateway Project Company, the project will go to tender immediately. 41 Operations HIG14WAY USAGE PERMIT APPLICATION Record Mo. Process: This permit application is to be completed by any/ all party(iss) that require access to the Facility in order to erect, place, construct, develop, repair, maintain or operate a work* within the limits of the Facility. The permit application is subject to review by the R1G Company and permission may or may not be granted to the applicant based on that review. Work' means (a) a building, structure, wire, cable, line, transmission one, pole, track, pipe, pipeline, main, aqueduct, sewer, conduit, device, equipment or sign, (b) a rlecreaibnal Iran, Including a walklM trail, all terrain vehicle trail and motorized snow vehicle trail, (c) a parking lot, service lot or storage lot, and (a) an ecological reserve. (ouYRWO) as per the definition laid out In the hVhmy Uwe Regtdahbn — Highway Act (NB Reg 2010-55) Company/ Organization: DILLONCCNSIL71NGUMRM Contact Name: "P' P ' Address: 774 5YDN"3TRWT SZATE 700 sANkTJ". NB ER AB Telephone: 1166-13 mw Fax: 506 639 5110 Email: t3CR 7 Yy�jOfi DILLOMCA Signature: General Information attach any! all additional information necessary to ccmplete all sections of the 1. Reason for application: ThegtyorsafntJohnIsseperating nrekconWned sanitary Baw. it Is proposed to the new Inhasirudtae r landamped "corks be InsMed tan land owned by the New enmawtck DWarftwd of Tianworfution end Infisetrudure (N9 D7r) and maintained by Route 1 Gate m 2R!Tt rs.- . x. Specifications of proposed work and its exact loci- don: Work wa be done it acmdarm vAh tm aty of Saint Johrl General SpadlicoMons, the Work Aran Tragic Cootral Manual end sny spedketlone provided by Route 1 GetanyOpermona. 3. giethod of construction or development of proposed work: P1Pehn8bJM r.1srdaWln5andhft*udure _walk will be done with heavy gquia gwa ((ndudlna excavators ibadera and landern hKftl. F 4. Estimated value of the proposed work: The Ergineer'e Esllrrrate for t cce6on 1, Tender 2 is UM.000.00. 5. Degree of disturbance that the construction or development of the Pwoposed work may cause to the highway: Dbk*wm to u,e mass of wok v l be rrinkW. r Is p mO* mat were mW be a polmiM mkftat In speed an ere Wmy (EeeMU" and ootenOtl shoulder wack as areauft of the can dmarm Alf across tv me job via be frme City awned prgnrly Any dismPlen is rretto whi be done in acaor 0 wn wth Yts wA7cM gulde0nn RIG ADM- PER -001_5 Revision, 5 42 Date: November 20, 2013 Page 1 of 3 ,.,,,g j r Operations HIGHWAY USAGIF PERMIT APPLICATION Record Ito. S. Expected duration of the construction or development of the propose: work: n b Weaned Wwork aWV flouts f wel Feioe a weeks b compWg. 7. Requested duration of the highway usage pennit: Nay 2M4 b OcbbK 2*14. 'CoMMogot on fining of Tendwand Award orCm*a& RgOIRED PLARS 1. Plan of the proposed work, drawn to a scale of at lust 1:1000, showing the folk*Ang: a) complete details of the proposed work, including front, rear & side elevations; and b) the materials to be used in the construction or development of the proposed work. 2. Site plan of the proposed work, drawn to a scale of at least 1:1000, showing the following. a) the dimensions of the proposed work, including its location with the highway; b) the location of any existing roadway, water, wooded area. well or existing work; c) the layout of the proposed work; and d) any other Information deemed to be required. INSUF'.MCE The Applicant shall obtain and maintain General Liability Insurance in full force at all times during the term of the permit. As a minimum, the Insurance coverage must adhere to the following: a) must be issued by an Insurance company licensed to conduct business in the province of New Brunswick; b) must provide coverage for the liability that could result from the construction, development, repair, maintenance or operation of work; c) must provide coverage for the sudden and accidental pollution for all insured perils; d) must Insure the permit holder, Her Majesty, in the right of the province, the New Brunswick Highway Corporation and their respective agents; and e) must be in the amount approved by the New Brunswick Highway Corporation. The attached Certificate of insurance must be completed and submitted with the Highway Usage Permit Application, ROTE: the applicant may be required to provide a performance bond and a labour and material payment bond, or other security upon request. 14PPLICATION & ANNUAL FEES All application forms must be accompanied by a $100 Applicction Fee. NOTE: If utilizing a cheque please ensure it Is payable to Me Now Brunswick Highway Corporation. Please refer to the attached Highway Usage Permit Fee Schedule for all applicable Annual Fees, which must be paid on or before April 1 of erlch year. RIG-MM-PER-001-0 Rewhibn: 5 43 Dale: Noventer 20, 2013 Psge M 3 g&uwy Operations HIGHWAY USAGE PERMIT APPLICATION Record No. CONTAGi' IKFORijFkA t IOi4 Please forward the completed anelication Chris Small Telephone: 508 -832 -2857 IMS, Quality and Environmental Manager Fax: 506-832 -3408 Gateway Operations Email: csmall9boatewavoas.ca PO Box 1036 39 Phaeton Drive Hampton, NS E5N 8H1 RIG -ADM- PER -007_5 Revision; 5 M, Date: November 20, 2013 Page 3 of 3 9:- < 0 re ��� #���,P� "�� ��''�ii�I���� ;���li�jj����i�stl� .� el�',r Z.0 �y �'i E'_'p��pe, rs � • , aooJ : ®ga! �i! 4q, ifs p ■ �p, 3'7t1� RR S a `� �a9 � ��r � i� ap, as 94. LL ON 1111 -A POD 77iA; Lip 45 Jjg e3 r 'S R. \ I i Li Nj' " I . . . . I Ilk _rT77Il !I i 'Lil / I ' r ; it I 'I 71' tl I' t -F ji i 1j,V d4ji 11- f- 141 11T2 ''f l 1. f� ,/ � � 9 . -_ - _'� : I " ti-i'l L I JL m Li 4L. 9 . M 47 4r- - k- 21 -4 ------ 1-3 z \ � -Em 1. 1:11 : / oz Zp- z E W a: Md m il '413 \ � -Em 1. 1:11 : / oz Zp- z E W a: Md m il 50 r�i NOTES: t. No signs are required for work that occurs outside 15 m from the edge of the travelled lane. 2. No signs are required for work vehicles that are positioned off the shoulder area of the travelled lane onto private driveways for Very Short and Short Duration Work. 3. No signs are required for mowing operations. However, the mower shall be equipped with a 360 degree amber light and a Slow Moving Vehicle Triangle. 4. For mowing operations, the first swath adjacent to the road must be mowed following the direction of traffic. 5. Shoulder must remain dear of all workers, vehicles, and equipment while work is in progress. 6. For work in the median, sign the other direction only if worts is within 15 m of the opposing travel lane and no median barrier is present. V - Existing Speed Limit (kmlh) S - Minimum Sign Spacing (m) Revised 2010 Section 8--- Twical Lavouts fnrWifrlana Rnanic I 1 52 0 0 I S See NOTE #1, 2 & 3 Figure .1, NOTES: 1. Do not repeat Construction Ahead or Construction Zone Begins. 2. Only use sign when applicable. 3. When merging Figure 8 -21 with other typical layouts, the distance A shall be referenced to the same location as in the accompanying layout V 50 60 -70 $0 -90 100 A 500 1000 1500 2000 S 50 75 100 160 V— Existing Speed Limit (km/h) A— Advance Warning Distance (m) S — Minimum Sign Spacing (m) 2009 Version Section 8 -- Typical Layouts for Multilane Roads 53 A r � gtul a u aon� W CONARVLRIOh S CONSMUC71ON - - DRIVE WfiH CARE CONDUtSEZ PRUDEMEW NEXT SUR km 5 Canada sh&ik i (See MOTE #2) S A m Figure 8.21 REPORT TO COMMON COUNCIL M & C 2014 -79 May 27, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: HIGHWAY USAGE PERMIT (HUP) PROVINCE OF NEW BRUNSWICK CHAMPLAIN DRIVE — WATERMAIN RELOCATION BACKGROUND &I I he Ci4 of Same )nbn As part of the relocation of the watermain within Champlain Drive, the said watermain will be constructed over and across Province of New Brunswick culvert structure L545. A Highway Usage Permit (HUP) is required by the Department of Transportation and Infrastructure (DTI) for infrastructure constructed across DTI controlled property or infrastructure. The agreement is not unlike a railway crossing licence or an agreement to cross natural gas pipelines in that a permit holder, the City, is required to commit to a standard set of terms and conditions in return for the privilege of crossing the Province's infrastructure. The HUP attached to this M &C is substantially the same as previous permits in respect to its terms and conditions. The security deposit, $10,000.00, is held for three (3) years. A one -time fee of $400.00 is also payable upon execution of the HUP. PURPOSE The purpose of this report is to present the agreement to Council for its consideration. INPUT FROM OTHERS The City Solicitor's Office has reviewed the documentation with input from the City's Insurance Co- ordinator and the Commissioner of Finance whose input was sought in respect to the security deposit. 54 M &C2014 -79 May 27, 2014 Page 2 RECOMMENDATION It is recommended that the City of Saint John enter into "Highway Usage Permit (HUP) No. 2014110L54500001" with the Province of New Brunswick (Minister of Transportation and Infrastructure) and that the Mayor and Common Clerk execute the documentation. Respectfully submitted, Michael Baker, P.Eng. Municipal Engineer VL{m. Edwards, Commissioner Transportation & Environment 55 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager B n�nswick Department of Transportation and Infrastructure Highway Usage Permit Permit No. 201411 OL54500001 56 HIGHWAY USAGE PERMIT PERMIT NUMBER 201411OL54500001 THIS PERMIT issued in duplicate originals this of , 2014. FROM: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure (hereinafter called the "Minister "), TO: THE CITY OF SAINT JOHN a municipality duly incorporated, under and by virtue of the laws of the Province of New Brunswick (hereinafter called the "Applicant "). WHEREAS the Minister, under and by virtue of the Highway Act, Chapter H -5 R.S.N.B. 1973 ( "Highway AcF), has the administration and control of highways, as defined therein, in the Province of New Brunswick ( "Highways "); AND WHEREAS the Applicant submitted an application on January 8, 2014 to the Minister to construct and operate a water main along and across structure L545 in the City of Saint John, Saint John County ( "work "); AND WHEREAS the Applicant has requested that the Minister consent to the work being constructed and operated within the Highways pursuant to an application and plan submitted, if any and the Minister has agreed to review this application and plan pursuant to Section 44.1 of the Highway Act for permission to enter upon, use, cross, construct and operate the work in, under and over those portions of the Highways more particularly described in Schedule "A" hereto attached and forming a part hereof ( "Approved Highways ") for the purpose of constructing and operating the work; 57 2 AND WHEREAS the Minister has, in his discretion, agreed to issue a highway usage permit ( "HUP ") pursuant to Section 44.1 of the Highway Act containing terms and conditions as more particularly described herein; THEREFORE in consideration of the payment of the sum of ten dollars ($10.00) by each party to the other, the receipt and sufficiency of which is acknowledged by each to the other, and in consideration of the covenants, terms and conditions hereinafter contained, the Minister and the Applicant covenant and agree as follows: I. GENERAL_ 1.01 The Minister, pursuant to Section 44.1 of the Highway Act, hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon, use and cross the Approved Highways for the purpose of constructing the work ( "Construction ") for the periods of time more particularly hereinafter described. 1.02 The Applicant shall pay to the Minister upon execution of the HUP the following one -time payment as highway fees: (i) four hundred dollars ($400.00) for each crossing of a local highway listed in Schedule "A" attached hereto for a cumulative total of four hundred dollars ($400.00). 2. CONSTRUCTION 2.01 The Applicant, its contractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at its own expense, perform Construction on the Approved Highways. The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards of all applicable federal and provincial statutes, as amended from time to time, and municipal by -laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets, insofar as the same relates to the Construction, including, but not limited to, this HUP, the Highway Act and all environmental and occupational health and safety laws. 2.02 The Applicant shall submit all plans and specifications detailing location, timing and duration of Construction to the Minister for his approval prior to the commencement of any Construction on the Approved Highways. The Applicant shall not undertake nor commence any Construction prior to receiving written approval from the Minister of the plans and specifications. The approval of the plans and specifications for any Construction to be carried out on the Approved Highways does not in any way affect or alter the Applicant's responsibility for the design and construction of the work and the Minister hereby specifically denies any such responsibility. 58 3 2.03 The Applicant agrees to complete and deliver to the Minister for approval, which approval will not be unreasonably withheld, a final "as built" plan of the Applicant's work at locations where it is on the Approved Highways, within three (3) months of the completion of the installation of the work. 2.04 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0 -0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.05 The Applicant shall during the period of Construction: (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the place of employment where any of the Construction is taking place; and (ii) ensure that its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.06 The Applicant shall, upon the request of the Minister, provide to the Minister, within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of Paragraph 2.04 and Paragraph 2.05 hereof. 2.07 No material or equipment shall be deposited or stored on the Approved Highways without the prior written approval of the District Transportation Engineer of the Minister ( "the District Engineer"). 2.08 All brush and debris is to be disposed of off the Approved Highways. 2.09 The method of installation and construction of the work shall be as per Schedules "A", "B" and "C ". If conditions do not permit the method of installation as described in Schedules "A ", "B" and "C" at a particular location, the Applicant may, with the prior written approval of the District Engineer, which approval shall not be unreasonably withheld, use an alternate method of installation. 2.10 No Construction is to take place during darkness or reduced visibility, except with the prior approval of the District Engineer. 2.11 The Applicant shall give the District Engineer not less than two (2) weeks written notice before commencing Construction, excluding normal maintenance activities. 2.12 The Applicant shall ensure that it, its contractors, workmen and agents abide by and will be bound by the terms and conditions of this HUP. 3. PUBLIC NOTICE 3.01 No Construction excluding aerial patrol and normal maintenance activities shall be commenced or carried out prior to the Applicant giving timely and sufficient notice to the travelling public using the Approved Highways, warning of the Construction and of the disruption to traffic that may result therefrom. 4 59 4. STANDARD OF CONSTRUCTION 4.01 All Construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. The Minister may order the Applicant to stop Construction if, in the Minister's opinion, it is not being carried out in a good and workmanlike manner according to the plans and specifications submitted and approved by the Minister for such Construction. The Applicant shall immediately stop Construction after being ordered to stop by the Minister. The ordering of the stopping of Construction by the Minister, regardless of the reason, shall not give rise to any claim by the Applicant against the Minister and any such claim is hereby specifically barred. Failure of the Minister to give instructions in regards to the Construction does not relieve the Applicant of any responsibilities and liabilities under the HUP or otherwise. 4.02 The Applicant shall use every reasonable effort to ensure, where practical, that: (a) all Construction is performed in a manner that causes as little damage as possible to the Approved Highways; (b) through traffic flow is maintained on the Approved Highways during all Construction according to the Department of Transportation Work Area Traffic Control Manual, as amended from time to time, and it is the Applicant's obligation to obtain said manual; (c) the Construction does not interfere with or obstruct the Approved Highways or traffic thereon except as may be reasonably necessary or required during actual periods of Construction; and (d) the Construction does not alter or interfere with the drainage pattern of the Approved Highways or any property that is adjacent to the Approved Highways. 5. REPAIRS TO THE APPROVED HIGHWAYS 5.01 Upon completion of any Construction, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Highways to the extent necessary to restore the Approved Highways to at least the condition existing prior to the commencement of such Construction in a manner satisfactory to the District Engineer. 5.02 All repairs to the Approved Highways, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Highways where the work is located, occasioned by subsidence or caused by the Construction or existence of the work, at the request and to the reasonable satisfaction of the District Engineer, shall be the responsibility of the Applicant for the entire period that the work remains on the Approved Highways. 5.03 If the Minister is required to make any repairs to the Approved Highways as a result of the Construction by the Applicant, or as a result of the presence of the work on the Approved Highways, the Applicant shall, upon demand, reimburse the Minister for the cost of all expenses reasonably incurred in connection therewith, provided however, •1 that, except in emergency situations, the Minister shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this section and allow the Applicant a reasonable opportunity to forthwith proceed to diligently repair the same. 5.04 The Applicant shall provide to the Minister, at the time of the execution of this HUP, a cash security deposit in the amount of ten thousand dollars ($10,000.00) for the purpose of this section to be held by the Minister, on a without interest basis. The Minister may use portions or all of the cash security deposit for the purposes of ensuring that the Applicant meets its obligations herein contained. At the end of three (3) years from the date of completion of Construction, the Minister shall return to the Applicant that portion of the security deposit that remains unused, without interest thereon. 6. RELOCATION OF APPROVED HIGHWAYS 6.01 Notwithstanding any other provisions of this HUP, if the Minister relocates, either permanently or temporarily, repairs, remediates or redesigns the Approved Highways, he may request the Applicant to alter, remove or relocate, either permanently or temporarily, the work at the Applicant's expense within sixty (60) days after being requested in writing by the Minister. The Applicant shall alter, remove or relocate, either permanently or temporarily, its work within sixty (60) days after being requested to do so by the Minister, provided, however that the Minister shall, if possible, grant to the Applicant a new HUP containing similar terms and conditions as herein set out allowing the Applicant to construct its work on an alternate or replacement site, if any. Nothing herein contained obligates the Minister to pay any costs of the Applicant or to provide the Applicant with an alternate means or replacement work. 7. LIABILITY AND INDEMNITY 7.01 The Minister shall not be responsible for any damage to the work from any cause whatsoever. 7.02 The Applicant shall indemnify and save harmless the Minister from and against any and all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction or operation of the work of the Applicant or of its employees, agents, contractors or subcontractors. 7.03 The Applicant shall promptly pay compensation to the Minister for all damages suffered by the Minister as a result of the Construction or the existence of the work on the Approved Highways. 7.04 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property identified in Schedule "A" that: {i) all work will cease immediately in that area; and (ii) the Minister will be immediately advised of the said contamination in order for the Minister to assess the situation. 61 6 7.05 If the Applicant fails to abide by Section 7.04 and contamination is later determined to have been present, the Minister shall not be responsible for the resulting deterioration or damage. 8. INSURANCE 8.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of the HUP, and any extensions or renewals thereof, general liability, pollution, and automobile insurance in form and content acceptable to the Minister, acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Minister, his respective successors and assigns, and his respective directors, officers, employees, agents and servants. 8.02 Such insurance shall provide coverage for property damage to the Approved Highways, including loss of use thereof, and shall protect the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants from all claims arising out of liability for property damage and bodily injury (including death and personal injury) arising out of the existence, construction, use, operation, maintenance and rehabilitation of the work and use and occupancy of the HUP, but excluding any claims to the extent that they arise out of the negligence or misconduct of the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants. 8.03 The Applicant shall procure and maintain insurance policies which shall include the endorsements and extensions as contained in Part A, Part B, and Part C herein. PART A. Commercial General Liability The Insurance Policy required under this part shall include: 0) an "occurrence" definition of "Accident'; (ii) "Her Majesty the Queen" listed as an "Additional Insured "; (iii) Owners and Contractors Protective Liability; (iv) a Cross Liability clause; (v) a Waiver of Subrogation in favour of the Minister; (vi) Blanket Contractual Liability; (vii) Products /Completed Operations Liability; (viii) Broad Form Property Damage; (ix) Non -owned Auto Liability; (x) Contingent Employer's Liability; (xi) Personal Injury extension of bodily injury; (xii) coverage for machinery attached to vehicles; (xiii) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (xiv) liability limits of five million dollars ($5,000,000.00) and said insurance policy shall not be on "Claims Made" form. 62 7 PART B. Pollution (Environmental Impairment) Liability The Insurance Policy required under this part shall include: 0) "Her Majesty the Queen" listed as an "Additional Insured "; (ii) a Cross Liability clause; (iii) a Waiver of Subrogation in favour of the Minister; (iv) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (v) liability limits of five million dollars ($5,000,000.00). PART C. Automobile Liability The Insurance Policy required under this part shall include: 0) "Her Majesty the Queen" listed as an "Additional Insured "; (ii) a Cross Liability clause; (iii) a Waiver of Subrogation in favour of the Minister; (iv) a sixty (60) day notice provision to be given by the Insurer to the Minister of any change to, cancellation of, or lapsing of coverage; and (v) liability limits of five million dollars ($5,000,000.00). Notwithstanding any breach of any of the terms or conditions of the policy, or any negligence or wilful act or omission or false representation (individually or collectively, a "Breach ") by any insured, additional insured, or any other person, such Breach shall not invalidate or otherwise limit the Applicant's liability, indemnity and insurance obligations under this HUP. 8.04 All insurances required to be procured and maintained by the Applicant shall be obtained from an Insurance Company (Underwriter) licenced to do business in the Province of New Brunswick. 8.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance the Applicant shall provide ninety (90) days prior written notice to the Minister of the program structure and participants with sufficient information to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut- through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Minister. 8.06 The Applicant shall provide the Minister with Certificates of Insurance acceptable to the Minister and signed by a representative authorized to bind the Insurer listing all required extensions and endorsements required herein. Certificates of Insurance for all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Minister, shall be delivered to the Minister prior to any construction that may affect the Approved Highways and prior to commencement of the operation of the Applicant's work. Certificates of Insurance, or other documentation in form and content acceptable to the Minister, acting reasonably, evidencing any renewal of or replacement insurances, shall be delivered to the Minister not later than fifteen (15) days prior to the expiration of existing policies. The requirement of the 63 8 Applicant to provide proofs of insurance to the Minister shall survive the completion of the work and termination of this HUP and the Minister reserves the right to ask for, and the Applicant agrees to provide forthwith, evidence of required insurances covering the period subsequent to the term of the HUP as in the Minister's sole opinion is necessary. All such certificates and proofs of insurance required hereunder shall be deemed to comply with the requirements of Paragraph 8.03 herein by identifying the additional insured as follows: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation and Infrastructure PO Box 6000 Fredericton NB E313 51-11 Facsimile: (506) 453 -2900 8.07 The Minister reserves the right at any time during the term of the HUP to require the Applicant to secure and carry such other Insurances as are deemed appropriate by the Minister having regard to the nature of the work under the HUP. 8.08 The insurance requirements set out in this HUP shall not in any way limit the Applicant's liability arising out of the HUP or otherwise. 9. TERMINATION 9.01 This HUP shall terminate: (a) on the 31't day March 2064 or (b) at the option of the Minister upon written notice to the Applicant: if the work is used for any purpose other than as identified herein; (ii) in the event the Applicant shall not have commenced operations on the Approved Highways for the construction of the work within two (2) years from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; (ii) if the Applicant defaults in observing or performing the obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default within a reasonable period of time after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof, the Minister may at his sole discretion and without recourse by the Applicant terminate the HUP; or (iv) if in the sole opinion of the Minister the Construction or the work is creating a situation hazardous to the general public or the highway infrastructure 64 9 but the obligations of the Applicant under this HUP shall survive such cessation and termination of such permission. If this HUP is terminated pursuant to Subparagraph 9.01(b), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 9.02 At the expiry of the term under Clause 9.01(a) this HUP may be renewed for successive periods of five (5) years, each such renewal to be on substantially the same terms and conditions as set out in this HUP, excepting the payment of fees which may be established or provided for by legislation or regulation, until the work is abandoned as set out in Clause 9.04 or until it is terminated in accordance with Clause 9.01(b). 9.03 The Minister shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 9.04 In the event the Applicant elects to abandon the operation of its work in whole or in part, the Applicant shall provide notice in writing to the Minister of its intention to abandon and the notice of such abandonment shall effectively terminate this HUP, provided that the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all those demolition, removal, remedying and rehabilitation undertakings or conditions necessary to comply with the conditions of this HUP. 9.05 As a condition of abandonment, the surface and the right -of -way of the Approved Highways concerned shall be restored, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9.06 Where the Minister has obligated the Applicant as a condition of approving the abandonment to maintain, remedy or take other measures with respect to the work, the Applicant shall have full right and permission at any time where necessary thereafter, notwithstanding the termination of this HUP, to enter upon the said Approved Highways with people, machinery and material, for the purpose of carrying out such obligations; but always restoring or repairing however, any damage to the Approved Highways thereby occasioned, and where required, paying compensation for damages to the Minister arising from such entry. Any such work done by the Applicant pursuant to, or as contemplated by, this provision is to be carried out completely at the expense of the Applicant. 9.07 Except for those matters contained in Paragraph 9.01(b), if the Applicant defaults in observing or performing any of the terms and conditions herein set forth to be observed and performed by it and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof the Applicant agrees to pay, as liquidated damages to the Minister for each such default or breach, the amount of ten thousand dollars ($10,000.00). 65 10 10. NATURE OF HUP 10.01 The Applicant's right to occupy the Approved Highways pursuant to this HUP is as a mere licencee. This HUP does not grant nor convey to the Applicant any title to the Approved Highways. 10.02 It is understood and agreed that any plans, including the plans specified in Section 2.02 and Section 2.03, are to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property and the Minister does not, in any way, represent or warrant to the Applicant that its Approved Highways are located as shown on the said plans or that the Minister owns or controls all or any portion of the right -of -way shown. The location of the Approved Highways is determined by the Applicant at its sole risk and the work is placed thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Highways, it shall examine such title and ownership at its own expense and the Minister shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Minister. 10.03 This HUP is non - exclusive. The Minister hereby reserves the right to grant permission to other persons to use the Approved Highways for whatever purpose the Minister deems necessary provided, always, that the Minister shall not permit any other person to use the Approved Highways for any such purpose if such use or any construction of other work in connection therewith would in any way damage the work or interfere with the Applicant's use thereof. 10.04 This HUP, and any right conveyed herein by the Minister to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Minister to any other persons or corporations to use the Approved Highways. The Applicant hereby agrees not to damage or in any way interfere with any other persons' or corporations' use and enjoyment of the Approved Highways. The Applicant further agrees to reimburse any person or corporation for the costs of any damages to their plant or equipment located on the Approved Highways arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 10.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, violable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 10.06 This HUP in no way affects or binds any other Minister, department, agency or crown corporation of the Province of New Brunswick. 10.07 The granting of this HUP shall in no way impede nor affect any persons' right to operate vehicles or other mobile equipment across the work at those locations described in Schedule "A ". 66 11 11. NOTICE 11.0 1 Any notice, direction or other instrument required or permitted to be given to the Minister hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Minister as follows: Minister of Transportation and Infrastructure PO Box 6000 Fredericton, NB E3B 5H1 Facsimile: (506) 453 -2900 or to such other address as the Minister may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Applicant as follows: The City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Attention: Common Clerk Facsimile: (506) 6744214 Copy: Chief City Engineer Facsimile: (506) 6584740 or to such other address as the Applicant may firm time to time designate in writing to the Minister. 11.02 Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been given or made on the date on which it was delivered or, if mailed, shall be deemed to have been given or made on the third business day following on which it was mailed. 12. NEW BRUNSWICK LAWS OR REGULATION 12.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 12.02 The Highway Act and regulations made thereunder, as each may be amended firm time to time, and any act or regulations made in substitution thereof apply to the HUP and the Applicant agrees to be bound thereby. 67 12 13. SINGULAR - PLURAL 13.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. 14. BINDING EFFECT 14.01 This HUP, and everything herein contained, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be construed as permitting any assignment by the Applicant not authorized by this HUP 15. ASSIGNMENT 15.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of the Minister and such consent shall not be unreasonably withheld or delayed. 16. NON - WAIVER 16.01 The failure by the Minister to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Minister to require or insist that an action be taken according to the terms of this HUP 17. AMENDMENTS 17.01 If at any time during the continuance of this HUP the parties deem it necessary or expedient to make any alteration or additions to this HUP, they may do so by means of a written amendment between them which shall be supplemental to and form part of this HUP. 18. TIME 18.01 Time is of the essence in this HUP. 68 13 19. DISCONTINUANCE 19.01 In the event that the Minister intends to discontinue any of the Approved Highways, the Minister shall provide reasonable notice to the Applicant of such intention; provided that the Applicant shall be responsible in accordance with the provisions of Section 6 as a result of such discontinuance. 20. ENTIRE AGREEMENT 20.07 This HUP and all attached schedules constitute the entire agreement between the parties with respect to any matter referred to herein and any previous agreement, warranty or representation of any kind, written or oral, expressed or implied, between the parties hereto or on their behalf, are hereby terminated and of no force and effect. IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit at the City of Fredericton, in the County of York and Province of New Brunswick, on the date shown above. SIGNED, SEALED and DELIVERED in the presence of: Witness Witness Witness HER MAJESTY THE QUEEN in Right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure Dale A. Forster, P.Eng. Assistant Deputy Minister and Chief Engineer on behalf of the Minister of Transportation and Infrastructure THE CITY OF SAINT JOHN Per: Mel K. Norton Title: Mayor Per: Jonathan Taylor Title: Clerk HUP 10800 69 14 Schedule "A" Transportation and Infrastructure District 4 Highway /Location Type, Description Length of Permit Number Classification Lineal Occupation Km Champlain Drive, Saint Jahn Structure L545 Crossing NIA 2014110L54500001 70 15 a SCHEDULE "B" 72 � r °� �� �!' ;'1 11 a F l Ed ° " 17 Schedule "C" 1. Both parties acknowledge that either remediation to or replacement of structure L545 will be necessary in the future. The Applicant covenants and agrees that the Applicant will be responsible to pay for any extra costs incurred by the Minister as a result of the work being over structure L545 when the Minister remediates or replaces the structure. 73 18 AFFIDAVIT I, Jonathan Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the forgoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Mel K. Norton" to the said instrument is the signature of Mel K. Norton, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO AT the City of Saint John in the County of Saint John and Province of New Brunswick this day of , 2014 BEFORE ME, A Commissioner of Oaths Jonathan Taylor 74 19 REPORT TO COMMON COUNCIL = City of Saint John June 3, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: The City of Saint John v. Jeannette Marie Richard 6, 8 & 10 Waterloo Street, Saint John, N.B. (the "building ") Parcel Identifier: 13912 BACKGROUND: On January 27, 2014, the Saint John Fire Department was called to respond to a structure fire at the site identified above. As a result of the structure fire, staff from the Buildings and Inspection Services Department decided that there was an imminent danger to public safety and the building needed to be demolished. The building was demolished, the debris removed, and the premises was made safe as of January 31, 2014. On March 13, 2014, a judgment was obtained in the amount of $25,337.94 (the "judgment ") from the Court of Queen's Bench of New Brunswick regarding the costs of demolishing of the building, disposing of the debris, and making the site safe. The judgment was registered with Saint John Registry Office on March 27, 2014, as number 33646762. On May 26, 2014, the City received full payment of the judgment. As a result, it is in order to discharge the judgment registered and accordingly the following recommendation is made: RECOMMENDATION: That the following resolution be adopted by Common Council: 75 -2- May 27, 2014 RESOLVED that Common Council authorize the discharge of the judgment registered in the Saint John County Registry Office on the 27th day of March, 2014 as Number 33646762 respecting property identified by Parcel Identifier 13912, which property is also known as civic numbers 6, 8 and 10 Waterloo Street in the City of Saint John; and Further that the Mayor and Common Clerk be authorized to execute the discharge of judgment which text accompanies the City Manager's correspondence in this matter to Common Council, dated June 3, 2014. Respectfully Submitted, J. Patrick Woods John L. Nugent City Manager City Solicitor Attachment 76 REPORT TO COMMON COUNCIL M &C- 2014 -87 June 3, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition from Civic #1414 Hickey Road for Safe Clean Drinking Water Project (SCDWP) BACKGROUND: =9y City of Saint John In 2013, the City hired a consultant to be the Owner's Engineer and technical advisor for the new drinking water treatment facility that is to be located adjacent to Little River Reservoir in East Saint John. Construction of this new facility is the cornerstone of Saint John's efforts to provide clean, safe drinking water — a priority identified by Common Council. The wider project also includes the construction of new pipelines to deliver raw water to and treated water from the new facility. Also in November of 2013, funding was announced from both the federal and the provincial governments which will amount to 50% of the eligible funding. The project team is now in the procurement phase of the project, preparing the Request for Qualifications and the Request for Proposals documents. ANALYSIS Saint John Water has provided the attached sketch, which shows the need for the City to acquire a 125 square metre easement for municipal services for the SCDWP. The purpose for acquiring this easement is to place two new water pipes along the Hickey Road corridor while avoiding the existing culverts crossing Hickey Road. The attached Offer to the property owner, Mr. Roland Montyr, is a fair and consistent offer with other easement acquisitions presented to and approved by Council in the past. If Common Council is in agreement, the following recommendation will facilitate the transfer of the partial land interest. 77 M &C- 2014 -87 June 3, 2014 RECOMMENDATIONS !DM 1. That The City of Saint John acquire from Roland Montyr an Easement for Municipal Services in and through the lands at the property bearing PID #55101802 for $1,000.00, on the conditions set out in "Offer for Acquisition of an Easement for Municipal Services" attached to M & C No. 2014 -87; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c al] Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager cc N .L 0 U as cu N O Go T Q r LO LO 0 a o N cr V a w of r .x.1,16 -51 79 M 'RI liam"'t CY Q e °4e s z p o0 5 1 0 0 a as 4c u z p o0 5 1 0 0 a Offer for Acquisition of an Easement for Municipal Services — Portion of PID #55101802 In consideration for the acquisition of a 125 square metre t easement for municipal services in a portion of PID number 55101802 , as generally shown on the attached plan, titled "Property Ownership Along Pipeline Corridors ", The City of Saint John offers as payment and compensation, the sum of $1,000.00. As part of the transaction, The City of Saint John will: 1) prepare any plan of survey required to effect the conveyance; 2) to install survey property pins at the two front corners of the subject property; 3) reimburse the Vendor to a maximum of $500.00 plus HST (if applicable), for legal fees expended by the Vendor to finalize conveyance; 4) pay for registration and filing fees by Service New Brunswick, if applicable, for the plan and Grant of Easement; and 5) where applicable, reinstate the subject property to the same condition as existed prior to construction. In the event the Vendor's title is encumbered by a mortgage, the Vendor shall obtain from the financial institution a Postponement to the easement herein contemplated in registerable form, provided that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by the financial institution to give a Postponement. This offer is subject to Common Council approval. I 4c, /'�'J I e accept the offeA co Sig owner of PID #55101802 off Hickey Road hereby herein. JIs i-a a Z r d Da M REPORT TO COMMON COUNCIL M &C- 2014 -86 June 3, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition from Civic #5 Duncraggan Court BACKGROUND: =9y City of Saint John The watermain going from Hawthorne Avenue to Duncraggan Court was cleaned and lined during the summer of 2011 in order to address water quality issues reported by property owners over a period of time. A portion of the watermain could not be cleaned and lined due to conditions around the pipe, grade changes, bends in the pipe, etc. The renewal of that portion of the watermain was included in the 2012 capital program and work was completed in the summer of 2012. The pipe was renewed in the same location as the existing watermain where no formal easement existed previously. The surrounding properties had wording in their deeds which included the location of the watermain and sanitary sewer but the subject property did not. City staff was advised that it would be prudent to acquire the easement even though prescriptive rights may have covered the City's interest in certain situations. The shape of the easement was determined based on the depth of the watermain and subsurface conditions, and incorporated consideration for the owner's new garage. The following recommendation will formalize the property rights desired by the City for the infrastructure. RECOMMENDATIONS 1. That The City of Saint John acquire from Catherine Connelly an Easement for Municipal Services in and through the lands at civic #5 Duncraggan Court (bearing PID #55173835) for $1.00, as per the attached Offer of Purchase and Sale; and EM M &C- 2014 -86 June 3, 2014 !DM 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager O U c cu CD 0) T U c 0 U U tl� d V CL C N c� W aT fA tF IS r a . c do 3 W :1 v AD v v 2 IL 00 N r N II Q Offer of Pur— z!3a4e ai`Tiel Ga.5e Re: Easement for Municipal Services. In consideration for the acquisition of an 81 square metre f easement for municipal services a portion of PID number 55173835, as generally shown on the attached plan, The City of Saint John offers as payment and compensation, the sum of $1.00. As part of the transaction, The City of Saint John will: 1) prepare any plan of survey required to effect the conveyance; 2) reimburse the Vendor to a maximum of $500.00 plus HST (if applicable), for legal fees expended by the Vendor to finalize conveyance; 3) pay for registration and filing fees by Service New Brunswick, if applicable, for the plan and Grant of Easement; and 4) where applicable, reinstate the subject property to the same condition as existed prior to construction. In the event the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give a Postponement. T.4 s offer is subject to Common Council aoproval. We dh6�� U' 6 and owners of civic #5 Duncraggan Court hereby accept he offer contained herein. Signature Date a, 4a, 'j5' -?Oj Signature Date —� HIMDK OW A N ui Ly C7 Ix z O 5 tu- he w CO :1 10 Q LLJ cr— lu Z CL 00 O —� HIMDK OW A N ui Ly C7 Ix z O 5 tu- he w CO :1 10 Q LLJ cr— lu Z CL r - j t • - `rte` � YJSI04 �6 i y sk, v # J 1 _ Y I 9 a s�a Y W ] J ^ w H Z Q j Q 2 �. 0 ( O .~. z U z% 4 0 a aC' IT O W, � a 1 A . ? fi •� %W a I REPORT TO COMMON COUNCIL M &C- 2014 -83 June 2, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Initiate Stop -Up and Close Portion of Spruce Avenue ANALYSIS: =9y City of Saint John Municipal Operations have requested to stop -up and close a portion of Spruce Avenue, as shown on an attached plan of survey. The portion of street desired to be closed currently intersects with Bayside Drive. There is a retaining wall situated on the south side within the portion of the street right -of -way that is in very poor condition and is at risk of collapsing. If the wall failed, being in close proximity to potential motorists and/or pedestrians could prove to be dangerous. This portion of Spruce Avenue is at a steep grade sloping downward toward Bayside Drive. This makes winter snow plowing operations very difficult. Bayside Drive is a five (5) lane arterial street and has a high volume of traffic. Turning left onto Bayside Drive from Spruce Avenue is a safety concern, in part due to the lack of visibility and volumes of traffic. This section of Spruce Avenue is seldom used and there are no current access points from adjoining properties. Residents on Spruce Avenue typically access their properties from Mount Pleasant Avenue East. A stop -up and closure for this portion of public street would allow City staff to slope /fill in the area with gravel and topsoil to stabilize the retaining wall. This would provide a safe and cost effective solution to the failing retaining wall situated within this "to be" closed portion of Spruce Avenue. If Council is in agreement, the following recommendation would initiate the process for the consideration of a street closure for this section of public street. .. M &C- 2014 -83 June 2, 2014 sm RECOMMENDATIONS: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 1,268 square metre portion of Spruce Avenue be set for Monday, July 7, 2014 at 6:30 p.m. in the Council Chamber; and 2. That Common Council authorize the publishing of a notice of the intention to consider passing of such By -law identified above. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachment :• Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager CD Q 0 CL 0 0 0 0 55 CL R 0% 1401, ice Elk, S, love Bay co 7t LO I -st r + Notes a C 1. Taulos in amil ene0* et In comdwmn Survey Plan/Plan D'Arpenhage: jJ antPk.pdkn[Yw1.prgffi in IF 0*b0WW -NBq 1MKA=(Ggt61 Spruce Avenue ., m .10-rd- mn. re M pu .. M.q de } Avenue SprUCe Avenue, Saint John ..&& .W de SOM—N -1GW erae.dek -N- NS Grid Coordinate values 2 Tmde.k. d.W-8aqAae- Ad.tlhYne.e Coordonnees du Systems du NB dekrae emmm . dd uNIMdru f.cl.ur ded.Ao- ZUM:AU i>1 WU71 arc ! mruidd..1.1.M 10 -40. du kdmd. N,7,a. 111 1aakUr.tn2 7a4dWM RP77 2 NW 11,854 73644FL411 MIN U kk7Mak.a2k 79MeraASa P21ke a Tmd.. I"&"W_ nom Ile .rind. de 1. prise dhdaa W..rr1 [asBB- ea 253nm7ka rammed, d2,d11 2i1ai M.n41PN 069 an 4. rnrr. rippler. d.e...d cemtdn irr.. CP Bmv.k9.rd.m Nev Brpn.__ike1=1579 lorld ,arrdere cu w eurd.d du mmM r4 rp.hw i k. dddYlMd{NM.[NMMbrswr1 Z A.o.E rkroas,,N,aedra pm pn*rWd djegm mlt6M M.M. Apedrdm Dwo: 1402[1SP —d.l de. srID. EnWW 4 EngN. wr.Mndln.etl rlr.rds an Mtl 2014. Key PlanlPlan CI6 LegendlLSgende 7iJ ® medarsel BNB - OMB_9.rd.dwa rr/ame1.6 st..darperfooce �91AF•81.tlnrd eurwy mdrlmrdwntl / CAL -Bornedl,d pM dnMr. hunt CAM- Getdde.d" � CAIG -Pond do tAlNlk �Tehulswdeo 6M..ftr Repme M vomdd.les tllcrlfi Lmds tlnitwph W Ih. P1.t te. Wone -fartln teieen Mid d1 M"d PIw wIdNlnk.e.F.r Notes .1. Allmnpr.ed.m Pedmr.dendcomenwlee 80.1 -h a e.W w-phle 6-M- PI-21B8 a �ueeee al atl"Vim N.rr Bn.®e, r cbliElws .rin� PIWNIDOM42 ud 2. Ald..nreseNmoramkdd dkdencm almsntetl uaFpa omdriretl.ale,..br Wtdre d�ld m.tld ,172. p, IL AN d.:dm..m NO grk.dnuV. alwr k.d t� ededeNSa, 4. P=F mdntdp.nm.n6er.ml.ntl%.mffwa M.=m.my7:2 Mm. dnmMkn wd .�ecerd wnx 61'49'46' 1 e. F.Itl scary... a.ngesetl h Aby, 2aN. 9 � 56'820 Purpose of Plan/But du Plan _et ,}`` tr a n prapa.eE weer d..hg .f. PaFnn PorbonlUne Partia De . L'A�enue Spruce Avenue Avenue Spruce Avenue 1z5a,P R N 2011 Wks fie S, PI.n 27 91 Irving Oil Limited; C Pla,w°m eiaM Survey Plan/Plan D'Arpenhage: Portion of /Une Partfe De L1Avenue Spruce Avenue Avenue SprUCe Avenue, Saint John Saint John County, NB NS Grid Coordinate values Coordonnees du Systems du NB Pde[ ft.rlrrg N-aft Renrdks ZUM:AU i>1 WU71 arc ! DON -MORE 1aakUr.tn2 7a4dWM RP77 2 NW 11,854 73644FL411 MIN U kk7Mak.a2k 79MeraASa P21ke SURVEYS ea 253nm7ka rammed, d2,d11 2i1ai M.n41PN 069 W42ka1a77312w"ki miss u1d2a1.n1 raaaraam 1lp,1 k,.e Bmv.k9.rd.m Nev Brpn.__ike1=1579 B. Z A.o.E rkroas,,N,aedra Dwo: 1402[1SP 91 5.1 REPORT TO COMMON COUNCIL M &C DATE: May 29, 2014 The City of Saint John His Worship Mayor Norton And Members of Common Council Your Worship and Members of Council: SUBJECT: Collaborative Initiatives of Saint John Water and the Saint John Fire Department BACKGROUND Saint John Water and the Saint John Fire Department have a long history of collaboration, one which strengthens our organization, increases efficiency, and contributes to the delivery of high quality sustainable services to the citizens of Saint John. Over the years, this collaboration has centered upon utilization of the expertise of the Saint John Fire Department's Training Division to provide a variety of training programs to the City's Operational Service Areas including Saint John Water, in support of the Outside Workforce Career Development System. More recently, changes to the safety laws of New Brunswick, specifically the adoption of a new Fall Protection Regulation (2010 - 159), created higher operational safety standards and more stringent compliance requirements. As a result of this regulatory change, a site specific hazard analysis and safety plan, as well as a rescue plan including on -site rescue personnel and resources are now required for each facility at which high angle operations are conducted. Saint John Water operates a number of communication towers in excess of 100' in height. These towers support antennas and other equipment essential to the operation of the City's SCADA System, which in turn is critical to the supply of safe drinking water and wastewater treatment to our community. Additionally, Saint John Water operates a number of Water Storage Reservoirs which Saint John Water employees climb regularly to carry out a variety of preventative and corrective maintenance activities. 92 ANALYSIS The City of Saint John is an employer with a strong history of due diligence, work practices and formal procedures that always meet and in most cases exceed legal health and safety requirements. Notwithstanding, the need for an on -site rescue team to meet the requirements of the Fall Protection Legislation presented a particular challenge. The competencies, training, and specialized equipment necessary to safely and effectively carry out a rescue under such extreme circumstances as working at height do not normally reside in Operations. Moreover, the use of contracted rescue services to meet this need would have added an unfunded cost to Saint John Water in purchased goods and services expense on the order of $32,000 every three years (Table 1). The contracted services option would also have constrained operational flexibility, as the scheduling of maintenance activities would have become contingent on the availability of external resources. Any constraint on the normal operation of Saint John Water's infrastructure carries with it potential public health implications. At the same time, the requisite expertise and capacity to address these needs are resident in the Saint John Fire Department. Consequently, Saint John Water and the Saint John Fire Department, in consultation with the City's Human Resources Division, entered into a collaborative arrangement for the provision of on -site rescue services to Saint John Water. Essentially, the strategy involved the staging of fire apparatus and rescue teams on site in advance of high angle work, both scheduled and unscheduled, as well as development in detail of joint hazard analyses and safety plans for each site. Both agencies can be very proud of their high degree of co- ordination and communication on an operational level over a period of several months in achieving these objectives. The end result was a sound deployment model supported by a set of Standard Operating Procedures for High Angle Operations and High Angle Rescue, jointly developed and jointly approved. The value proposition inherent in this collaboration is apparent. The arrangement assured the safety of Saint John Water employees, as well as legislative compliance and due diligence, the integrity of our infrastructure, and the avoidance of contract services expense. The Saint John Fire Department gleaned scenario -based training opportunities under controlled circumstances in the very realistic environments of Saint John Water. The capacity to respond to life threatening situations requiring high angle rescue in the community at large has been commensurately enhanced. 93 2 Furthermore, the Saint John Fire Department has made a strategic commitment to capacity building in order to ensure sustainability. Chief Clifford presented a proposal to Council for expansion of the SJFD Training Division's technical rescue capabilities in support of this initiative, and secured funding for a Temporary Position. A Master Trainer was appointed, a core team of expert trainers was developed and certified, and an Expression of Interest in Training was offered to which more than forty firefighters responded. As a result, the Saint John Fire Department has greatly increased the depth of its expertise and response capacity in this very specialized field of life safety. Finally, Kendall Mason, Deputy Commissioner of Saint John Water and Chief Kevin Clifford have recognized that the working partnership between their respective agencies can be further developed, enhancing the mutual benefits outlined in this report. The potential cost savings were estimated based on the following considerations: • three -year training cycle for recertification of specified operational courses • estimated average turnover in the Outside Workforce • established costs of outsourced training services • estimated Internal demand for services It should be noted that operational demand for training services, as well as the tempo of front -line operational employee training and associated costs are subject to wide seasonal and annual fluctuations. Notwithstanding, the estimates presented herein represent reasonable projections of actual and potential cost avoidance savings to the organization over time arising from the planned availability of the Saint John Fire Department to furnish the specialized services identified. The savings suggested are hard costs, representing the purchased goods and services implications of continuing to outsource these specialized services. It should be noted that among the services identified, High Angle Rescue and Fit Testing have been implemented to this point. Confined Space Training, Fall Arrest Training, and Tank Rescue represent areas of planned expansion of the collaboration. The results are depicted in Table I and Table II. 3 94 TABLE I Cost Savings from Specialized Services Collaboration of Saint John Water and the Saint John Fire Department (Current Levels of Service) Service Annual Three-Year Cost Savings High Angle Rescue 10,806 32,417 *Fit Testing 3,115 9,345 TOTALS $13,921 $41,762 *Fit testing is a measurement procedure required under our safety laws to ensure that a respirator mask fits tightly to the face and that the wearer cannot breathe in contaminants. TABLE II Cost Savings from Specialized Services Collaboration of Saint John Water and the Saint John Fire Department (Full Development of the Collaboration) Service Annual Cost Savings Three-Year Cost Savings Confined Space Training 13,144 39,431 Fall Arrest Training 1,883 5,649 High Angle Rescue 10,806 32,417 Tank Rescue 5,403 16,208 Fit Testing 3,115 9,345 TOTALS $34,351 $103,050 Significant qualitative benefits are also expected from this initiative. The fit- testing services provided by the Saint John Fire Department are far more reliable than typical vendor - provided testing, and place the organization in a far stronger position of due diligence and conformity to evolving regulatory requirements respecting this vital safety service. 95 4 Moreover, use of internal resources allows us to better tailor the training curriculum and the training environment to our specific requirements. Confined Space Training is a case in point. Beyond simple generic ratings of performance in a simulator typical of outsourced Confined Space training, the Saint John Fire Department Training Team in concert with Saint John Water staff will deliver realistic exercises in the field environments in which our employees actually work. Enhanced flexibility in scheduling is another benefit of internal service provision. External Training Service Providers normally have commitments to other clients, and may not always be in a position to deliver training at times which are most expedient operationally, in spite of their best efforts to accommodate our needs. Further, surcharges are often associated with failing to meet minimum class size requirements stipulated in training contracts. These risks of increased costs and diminished effectiveness are entirely eliminated by adoption of the internal specialized services collaboration strategy. Finally, it should be noted that important intangible benefits arise from staff representing diverse service areas working together in ways that are entirely new. The increase in cross - functional communication, organizational understanding, and collegiality should not be understated. New working relationships arise from such ventures, which in and of themselves sow the seeds of future innovation and work process improvement. The ice storm of December 23 and December 24, 2013 furnished a dramatic demonstration of this strategy. Saint John Water staff deployed on Christmas Eve with Saint John Fire Department Nigh Angle Rescue teams to remediate critical communication failures at our SCADA towers. This collaboration occurred under extremely hazardous and adverse conditions, was entirely successful, and provided ample proof of the soundness of the new approach. In fact, but for this collaboration, vital maintenance of the SCADA system would have been significantly delayed as alternative rescue resources would not have been available at that time. For all of the reasons cited, the collaborative specialized services initiative of the Saint John Fire Department and Saint John Water should be encouraged and strengthened. It adds significant value to operations, makes excellent business sense, and brings the organization together in ways that help make the whole greater than the sum of its parts. 5 96 RECOGNITION The leadership and demonstrated commitment of the staff of Saint John Water, the Saint John Fire Department, and Human Resources have produced this organizational success. The following members of staff are to be commended for their efforts: 1. Mike Carr Rope Rescue Instructor, Saint John Fire Department 2. James Margaris Manager, Water Quality and Resources, Saint John Water 3. Pat Currie Rope Rescue Instructor, Saint John Fire Department 4. Art Hovey Instrumentation, Saint John Water 5. Steve Voutour Rope Rescue Instructor, Saint John Fire Department, 6. John Ryan Instrumentation, Saint John Water 7. Gerald Green Divisional Chief, Saint John Fire Department 8. Tim Culberson Instrumentation (late of Saint John Water) 9. Peter Collings Captain, Training, Saint John Fire Department 10. Terry Stevens Instrumentation, Saint John Water 11. Kevin Clynick Divisional Chief, Saint John Fire Department 12. Peter Morgan Manager of Safety and Policy, Human Resources Many other members of the Saint John Fire Department helped translate this concept into a working operational reality. The firefighters who trained and qualified to carry out High Angle Rescue are identified at Appendix "A ". Further, employees in Saint John Water's Water Quality and Resources Division carried out the hazard analysis, developed procedures and ensured integration of methods at each site. These employees are identified at Appendix "B ". The collaboration in action is depicted at Appendix "C ". Moreover, the contributions of Local 73 of the International Brotherhood of Boilermakers who provided the Saint John Fire Department access to their high angle training prop, are very much appreciated, and particularly those of Mr. Eugene Leblanc, Apprenticeship and Training Coordinator Local 73 and 203 for N13,NS, PEI, NF and Lab. Finally, special recognition is extended to Nicole Taylor, late of Saint John Water, who championed this initiative, and whose leadership and expertise were absolutely essential to its realization. 97 6 CONCLUSION It can be concluded that the collaboration of Saint John Water and the Saint John Fire Department with respect to High Angle Rescue demonstrates that cross functional teamwork yields significant organizational benefits in innovation, operational effectiveness, cost containment and sustainability. INPUT FROM OTHER SOURCES The Chief Compliance Officer, Worksafe New Brunswick, and the Chief Engineer, Worksafe New Brunswick, supported the technical development of the High Angle Rescue initiative. RECOMMENDATION It is recommended that; a) the partnerships in training between Saint John Water and the Saint John Fire Department described herein be encouraged and supported, and that b) this report be received and filed Respectfully submitted, Kevin lifford Fire Chief Stephanie Walsh, CHRP, MBA Senior Manager Human Resources j Wm. Edwards, P. ErtjX . Commissioner of Saint John Water e dall Mason Deputy Commissioner Saint John Water Neil Jacobsen, WA Commissioner Strategic Services J P trick Woods, CGA Ci Manager 7 PLATOON 1 APPENDIX "A" Saint John Fire Department Technical Rescue Team NAME LEVEL TRAINED 1. Patrick Thebeau Rope Rescue 2 2. Pascal Frenette Rope Rescue 2 3. Peter Tait Rope Rescue 2 4, Terry Cropley Rope Rescue 2 5. Mike Richard Rope Rescue 2 6. Roy Byers Rope Rescue 2 7. Lt. Dave Johnston Operations Officer 8. Chris Hoyt Rope Rescue 2 9. Scott Nason Rope Rescue 1 10. Natalie Harvey Rope Rescue 2 11. David Johnson Rope Rescue 2 PLATOON 2 NAME 1. Steve Voutour 2. Daniel Walker 1 Andrew Rooney 4. Derek Doucette 5. Melanie Richard 6. Peter Christian 7. Kevin Richards 8. David Flewelling 9. Greg Power 10. Robert Nichol 11. Jeffrey Dobbin 12, Jeffrey Kearney 13. Christopher Worth man 14. Christopher Green .. LEVEL TRAINED Rope Rescue Instructor Rope Rescue 1 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 Rope Rescue 2 E PLATOON 3 NAME LEVEL TRAINED 1. Mike Carr Rope Rescue Instructor 2. Brian Quigg Rope Rescue 2 3. Anthony Black Rope Rescue 2 4. Adam Ketchum Rope Rescue 2 5. Peter Lavigne Rope Rescue 2 6. Laurie Robichaud Rope Rescue 2 7. Scott Goguen Rope Rescue 2 8. Tony Gautreau Rope Rescue 2 9. Scott Nordstrom Rope Rescue 2 10. Mark Smith Rope Rescue 2 11. Adam Constantine Rope Rescue 2 12. Justin Horton Rope Rescue 2 13. Tyler Embree Rope Rescue 1 14. Jamie Maillet Rope Rescue 2 15. Joshua Hennessy Rope Rescue 2 PLATOON 4 NAME LEVEL TRAINED 1. Pat Currie Rope Rescue Instructor 2. Robert Adams Rope Rescue 2 3. Leslie Hayward Operations Officer 4. Derek Ross Rope Rescue 2 5. Billy Sheppard Rope Rescue 2 6. Pierre Cormier Rope Rescue 2 7. Allan McLeod Rope Rescue 2 8. Jonathan Cornfield Rope Rescue 2 9. Sonny Urquhart Rope Rescue 2 9 100 APPENDIX "B" Water Quality and Resources Team 1. Leroy Graham Certified Operator, Water Treatment 2. Rod Comeau Certified Operator, Water Treatment 3. Kevin Ayles Designated Operator, Water Treatment 4. Ed Crowley Designated Operator, Water Treatment 5. Joel Bury Water Treatment Maintenance Specialist 6. Adam Pilmer Skilled Worker, Water Treatment 7. Saleem Kaleem Skilled Worker, Water Treatment S. Kevin Kincade Skilled Worker, Water Treatment 101 10 APPENDIX "C" The Collaboration in Action A i. 102 ME 103 12 13 104 105 14 w ' r 105 14 6ti 106 Irma 15 107 16 ' �r �` ' ^` . `� �� . . 'r * - ^ / am ^ ' � ' -' `* ''' �+. , '^' _ �__. '~~ `~` /' ~ REPORT TO COMMON COUNCIL M &C- 2014 -89 June 4, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: LAND ACQUISITION — PORTION OF PID# 000405589 730 Dever Rd — Maritime Paper Products GP Limited BACKGROUND: R h City of Saint John As part of the 2014 Capital Budget, Sanitary Lift Station Y (SLS Y) and some of its associated pipelines are to be replaced this year. The current lift station is constructed on City land on the western boundary of Maritime Paper Products GP Limited (MPP) lands fronting Dever Road and designated as PID # 000405589. ANALYSIS Design engineering has determined that the proper location for SLS Y is on a 177 square metre +/- portion of PID # 000405589 located at 730 Dever Road, together with a 685 square metre +/- easement (collectively "Real Property "). These requirements are illustrated on the CBCL sketch titled "DEVER ROAD LIFT STATION Y FORCE MAIN AND SEWER PRELIMINARY DESIGN" dated Nov 2013, a copy of which is attached to this report. Subject to Common Council approval, staff successfully negotiated an agreement with MPP, for the City's purchase of the Real Property. deStetcher Appraisals Ltd. determined the market value of the Real Property to be $6,320.000. The negotiated price for the Real Property is $6,320.00, being the appraised value. An appraisal was commissioned, as MPP was concerned that the City's development might cause a degree of injurious affection to its lands over and above the market land value. The appraisal revealed that there was no injurious affection in this instance, and MPP was very pro- active in accepting the terms and conditions of the City's land requirements for this project. 109 M &C- 2014 -89 June 4, 2014 RECOMMENDATIONS _2- That The City of Saint John enter into an Agreement of Purchase and Sale with Maritime Paper Products GP Limited for the purchase of the fee simple interest in a portion of the lands designated PID # 000405589 as well as an easement over said lands upon the terms and conditions and in the form as attached to M &C 2014 -89, and, 2. That the Mayor and Common Clerk be authorized to execute the said agreement and any other documentation necessary to effect the transactions contemplated in the Agreement. Respectfully sub 'tted, Paul Wilson, BBA Real Estate Of mci 71ans, CGA, MBA loner of Finance inistrative Services Attachments 110 Brian Irving, B Manager Real'. rick Woods, CGA Manager I Description of Plan: Sanitary Lift Station Y Location ^ Off Dever Road N PID: 00405589 Maritme Paper Products GP Limited Portion Land PAID: 04727191 Date: 27 May, 2014 111 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold Interest in a portion of the Vendor's Lands bearing PID # 405589 (Parcel 1), and an easement in a different portion of the Vendor's Lands bearing PID # 405589 (Parcel 21 as hereinafter set out upon the following terms and conditions: Vendor: MARITIME PAPER PRODUCTS 6P LIMITED P.Q. Box 668, Dartmouth, NS 132Y -3Y9 Attention: Don MacKenzie e-mail: DonM @MaritirnePaper.com Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 4L1 Attention: Common Clerk Conveyance: 1) Freehold interest in a portion of PID # 405589 Comprising 177 sq. m. */- Designated as APPROXIMATE AREA OF LAND FOR PURCHASE on a drawing dated Nov 2013 bearing Project Description DEVER ROAD LIFT STATION Y FORCE MAIN & SEWER PRELIMINARY DESIGN prepared by CBCL Limited (hereinafter called "Parcel 1 "), and 2) Easement in a portion of PID # 405589 Comprising 685 sq. m. +/- Designated as APPROXIMATE AREA OF EASEMENT on a drawing dated Nov 2013 bearing Project Description DEVER ROAD LIFT STATION Y FORCE MAIN & SEWER PRELIMINARY DESIGN prepared by CBCL Limited (hereinafter called "Parcel 2 ") (Photo - reduced copy of said drawing attached hereto) Parcels 1 and 2 are hereinafter collectively called "Real Property ". Purchase Price: $ 6,320.00 + HST if applicable Deposit: $1,000.00 payable upon adoption of Common Council Resolution Balance: $ 5,320.00 on Closing Closing Date: On or before October 31, 2014. 1. (i) The Purchaser shall acquire from the Vendor the unencumbered and unrestricted freehold title in parcel 1. (ii) The Purchaser shall acquire from the Vendor an easement for municipal services In and through Parcel 2, 1 112 Agreement of Purchase and Sale — Lift Station Y Maritime Paper Products GP Limited and The Oty of Saint John 2. The easement for municipal services in and through Parcel 2 shall be an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter Parcel 2 (the "Lands ") with machinery, materials, vehicles and equipment and to construct, alter, maintain, Inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, Including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle. 3. The Purchaser may examine the title to the Real Property at its own expense until the Closing Date. If within that time any valid objection to the title to the Real Property is made In writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit Shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. 4. The Vendor shall deliver to the Purchaser within a reasonable time after closing and in registrable form any postponement(s) and /or discharge(s) or partial discharges of any encumbrances which the Purchaser, at its discretion may require. 5. (i) The Purchaser shall prepare at its cost any Subdivision Plans) /Plan(s) of Survey required to effect the conveyances herein contemplated; and (ii) The Purchaser shall contribute $50000 + HST for legal fees expended by the Vendor to finalize the conveyances contemplated herein; (iii) The Purchaser shall pay for registration & filing fees at SN8 forthe plans, postponements, and any discharge(s) or partial discharges of mortgage(s), debenture(s), or other encumbrances; and (iv) The Purchaser shall pay all fees and costs associated with the subdivision approval process. 6. The Vendor shall at its expense terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on the Closing, Date. i. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages, and the Vendor shall have no further or other recourse against the Purchaser. 2 113 Agreement of Purchase and sale —lift Station y (Maritime Paper Products GP Limited and The City of Saint John 8. This offer shall be irrevocable by the Vendor until 4:00 p.m, local time on � 6 ,300E- _�Q I LI and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 9. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective successors and assigns. 10. AND FURTHER, the parties agree that, upon acceptance by the Purchaser, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Real Property at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The tight of access is to allow the Purchaser to make improvements to the City of Saint John sewerage system, including but not limited to the construction of a sanitary lift station and sewer piping; b) Any entry to, in and upon the Real Property shall require 48 hours prior written (e -mail) notice to the Vendor; c) Any entry by or on behalf of the Purchaser shalt be at its risk, cost and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein e) The Purchaser shall comply with all applicable municipal, provincial and federal laws, ordinances, rules and regulations pertaining to the Purchaser exercising its right of access granted herein, including but not limited to public health and sanitation, environment, and occupational health and safety legislation, 11, The Purchaser agrees that the Harmonized Sales Tax ( "HST") or any tax in substitution of or in addition to HST exigible on the transfer of the Property is in addition to the Purchase Price, 12, Parcel 1 is being sold on an "as is, where is" basis with no representation, warranty or guarantee of any kind from the Purchaser, express or implied, other than good title, 13. Time shall be of the very essence of this agreement, and no extension of time for the making of any payment or the doing of any act hereunder shall be deemed to be a waiver or a modification of or affect this provision. 14, There shall be no amendment to this agreement unless agreed to in writing by the parties. 3 114 Agreement of Purchase and Sale -- Lift Station Y Maritime Paper Products GP Limited and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this 30 r4 day of 2014. "MARITI E P R PODUCTS GP P c7 Witness Per: Witness , LIMITED AND the Purchaser has caused these presents to be executed this day of June, 2014. THE CITY OF SAINT JOHN Mayor Common Cleric Common Council Resolution: 115 4 116 Union Station Lounge 198 Union Street Saint John N.B. EM 1B 1 506 642 -7495 June 2114 As per attached document, I would request the extended use of this land for 10 years from May thru September for a licensed outdoor Patio. This will be for my customers to use as a smoking area. With this approval, I will not have to appear before council each and every year. This will bring Union Station inline with all other outdoor Patios regulations. Thank you for your attention to this matter. Owner 117 THIS LICENCE made in triplicate as of the day of , 2013. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE FIRST PART -and— BARRISTERS LOUNGE INC., a body corporate, having its head office in the City of Saint John, in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" OF THE SECOND PART MT, ire SAINT JOHN PARKING COMMISSION, a body corporate under S.N.B. 1956, Chapter 128, having its head office at the City of Saint John, in the County of Saint John and Province of New Brunswick, (hereinafter called the "Corporation ") OF THE THIRD PART WHEREAS the Licensor is the owner of certain lands in the said City of Saint John being PID Number 55099824 (the "Lands "); and WHEREAS the Commission manages the Lands, as a parking lot; and WHEREAS the Licensor owns two properties (PID Number 55099782 and 0017491) adjacent to the Lands, as illustrated on the map attached hereto and forming part hereof as Schedule A and upon which it operates a business known as the Union Station Lounge; and 118 License Agreement The City of Saint John — Barristers Lounge Inc. — Saint John Parking Commission Page 2 of 4 WHEREAS the Licensee wishes to establish an outdoor patio on a portion of the Lands as part of its Union Station Lounge business; and WHEREAS the Licensor by resolution adopted on June 24, 2033 resolved to permit the Licensee to use a portion of the Lands for the purposes and subject to the conditions hereinafter set out; NOW THEREFORE THIS LICENCE WITNESSETH that in consideration of the sum of two ($2.00) Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency of which is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to use that portion of PID Number 55099824, being approximately thirteen by twenty -five feet in size and shown outlined and hatched in red on the sketch attached hereto and forming a part hereof as Schedule B, upon and subject to the terms and conditions set out herein. TERMS AND CONDITIONS OF LICENCE IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO: 3. That the Licensee shall comply in a timely manner with the provisions contained in Schedule C attached hereto and forming a part hereof. 2. That the Licensee shall: a) 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 two million dollars ($2,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the Licensor as an additional insured and shall contain a cross - liability clause, b) deliver to the Licensor as a condition precedent to the delivery by the Licensor to the Licensee of a fully executed counterpart of this Agreement, a Certificate of Insurance evidencing the insurance coverage required at paragraph a) hereof; c) shall notwithstanding the security provision contained in the said Schedule C, at its own cost and expense and prior to the expiration of this Licence 119 License Agreement The City of Saint John — Barristers Lounge Inc. -- Saint Jahn Parking Commission Page 3 of 4 or within forty -eight (48) hours of its earlier termination by the Licensor as provided for herein, remove from the portion of the Lands to which this Licence applies all property of every nature and kind whatsoever which is not owned by the Licensor; and in the event the Licensee fails to do so the Licensor may, and the Licensee shall promptly reimburse the Licensor the cost incurred thereby including without limiting the generality of the foregoing, all costs attributable to the employment of the Licensor's equipment, material or personnel in that regard; d) shall promptly reimburse the Licensor for any and all costs including those attributable to the employment of the Licensor's equipment, material or personnel, incurred by the Licensor in effecting the repair or correction of any damage to the Lands which is in any way connected with or attributable to the exercise of this Licence. 3. That the Licensor may without prior notice to the Licensee terminate this Licence in the event of breach or default by the Licensee respecting any provision hereof. 4. That no change or modification of this Licence shall be valid unless it is in writing and signed by all parties to this Licence. 5. That this Licence shall not be enforced or bind any of the parties thereto, until duly executed by all the parties named in it. 5. That the Licensee shall indemnify and save harmless the Licensor from and against all actions, causes of action, proceedings, claims and demands brought against the Licensor, and from and against all losses, costs, damages or expenses suffered or incurred by the Licensor, by reason of any damage to property, including property of the 'Licensor, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Licensor, caused by, resulting from or attributable to the negligent act or omission of the Licensee or any of its employees, servants or agents acting or purporting to act under the within Licence. 7. That the Licensee, for itself and its successors and assigns, and to the fullest extent permitted by law, hereby releases and forever discharges the Licensor, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, to the Licensee or its property which are or may be in any way related to, or connected or associated with the within Licence. 120 License Agreement The City of Saint John - Barristers Lounge Inc. — Saint John Parking Commission Page 4 of 4 THIS LICENCE is granted to the Licensee only and is not assignable. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed the Clay and year hereinbefore written. SIGNED, SEALED & DELIVERED) In the presence of: } ) ) } } ) ) ) ) ) } } ) ) } ) THE CITY OF SAINT JOHN Mayor Common Clerk(kl,n,� Common Council Resolution: June 24, 2013 SAINT JOHN PARKING COMMISSION Per: And: 121 Map Scale 1 tchelie cartographique 1 ; 1224 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 property 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. MC-me si cette carte nest peut -etre pas fibre de toute erreur ou omission, touter les precautions ont ete prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caractere officiel et ne doit donc pas servir a la redaction de la description officielle d'un terrain ni au calcul de ses dimensions exactes o 9 sa superficie. N A i t� 1' PC(-. U P ao m l J 'V � �i0�cnd 1 INC SCHEDULE_ r 1r P al(k,-„ i� P 4 N 123 + 7 S � SCHEDULE_ r 1r P al(k,-„ i� P 4 N 123 SCHEDULE C STANDARDS and SPECIFICATIONS For the Establishment of Cafes upon Private City -Owned Property Definitions A Cafe is defined as a group of tables, chairs and other accessories situated upon private City -owned property intended to be used for the consumption of food and/or beverages by patrons of an adjacent restaurant or the general public. An enclosed area means that land within the area licensed by the City which is contained within a fence, ornamental post and chain or other appropriate means that designates the boundary of the area. Public Utility and Municipal Access Public Utilities and Municipal Departments shall have the right to access the licensed area at all times, without notice to carryout maintenance and repair of their respective infrastructure. When it is deemed necessary the Development Officer, at his sole discretion, may order the removal of all or part of a Cafe in order that Public Utilities and Municipal Departments may carryout maintenance or repairs. In this event the removal and reinstatement of the Cafe will be at the permit holders expense. Application Process Applications for Cafe Permits shall be made to the Development Officer, Community Planning Division. 2. The Development Officer shall review applications and advise the applicant of other municipal approvals that may be necessary and the process to obtain these approvals. 3. Applications must include a scaled and dimensioned drawing of the Cafe. The plan to included fixtures, furniture, fencing, signs, lighting, the facing wall of adjacent building, and other features that will be located within the proposed Cafe and existing conditions within 3 metres of the proposed Cafe. Application and Permit Fees The fee for making application will be $ 50.04, non - refundable, but will be applied to the permit fee. 2. Level One - The permit fee for a Cafe that uses tables and chairs only without an enclosed area will be $ 5 per table seating up to four persons per week plus applicable taxes. 124 V, 3. Level Two - The permit fee for a Sidewalk Cafe that uses tables and chairs within an enclosed area will be $ 7.50 per table seating up to four persons per week plus applicable taxes. 4. For all categories of Cafes, the first payment is due on the first day of occupancy with subsequent payments due on the first day of each additional four-week period. Term 1. The Cafe must not be established prior to May 1St of any year and must not continue later than October 15th of the same year. 2. The minimum term for which a permit will be issued is four weeks. Approval and Enforcement 1. Cafe Permits shall be approved and issued by the Development Officer, 2. The Building Inspector shall enforce the general conditions and the standards and specifications of Cafe Permits, 3. Common Council may at its sole discretion terminate a Cafe Permit without notice and without refunding of fees and or rents. GENERAL CONDITIONS Security At the time of issuance of a Cafe Permit the permit holder shall deposit with the City a security guarantee which may be used by the City of Saint John, at its sole discretion to ensure the removal of furniture and structures used in conjunction with the cafe. The amount of security shall be, for Level One $100, for Level Two $200. Hours of Operation The hours of operation shall be the same as the business to which it is accessory. Insurance The permit holder shall keep in force comprehensive commercial general liability insurance on an occurrence basis of not less than Two Million Dollars ($2,000,000.00), naming the City as an additional insured and containing a cross - liability clause. The City shall be provided with the corresponding Certificate of Insurance. 125 3 Public Access through the Permit Area The permit holder shall keep free of any furniture, fixtures, signs or obstructions of any kind, the area reserved for use by the public as a passageway across the frontage of the property with which the Cafe is associated. Waste Collection Waste receptacles are to be kept within the licensed area at all times. Waste receptacles are to be emptied into the permit holders own waste collection system. Cleaning Sidewalks and Streets The permit holder is responsible to keep the licensed area and area within 3 metres of the perimeter of the licensed area free of litter and accumulated dirt at all times the Cafe is open. The area is to be cleaned at the end of every business day. Design Specifications Proponents of Cafes are encouraged to seek professional guidance in the preparation of plans. The Development Officer shall have the authority to impose reasonable design standards on applications submitted to him for approval. The _following Design Specifications shall applv to all Sidewalk Cafes: a) The permit holder shall not attach any material, fixtures, furniture, equipment, signs, fighting or electrical systems to the surface of the Licensed area without first receiving the permission of the Development Officer, b) Signs, umbrellas and similar fixtures and furniture shall not extend beyond the perimeter of the Licensed area, c) Electrical service to Sidewalk Cafes from adjoining restaurant must be overhead and not less than 3 metres above the surface. Wiring and other related components should be of colours and materials that blend with their background, d) Lighting for Cafes shall be located within the Cafe, e) Speakers used for the purpose of providing music to patrons must be located within the Licensed area. The volume of the speakers must not exceed a level that would cause a nuisance to persons not within the Cafe, f) The storage, preparation and cooking of food is not permitted within the Licensed area. g) Signs, posts, fixtures and all other components of the Cafe shall not exceed 2 metres in height, h) Wind or weather screens are not permitted above the top of the fence or perimeter barrier, i) Cafes are not permitted within 9 metres of intersecting streets as measured from the intersecting street curbs. 126 PROCLAMATION WHEREAS: Shriners international is a well -know, respected fraternity dedicated to fun, fellowship and philanthropy with hundreds of thousands of members who belong to 191 chapters throughout the world; and WHEREAS: members support Shriners Hospitals for Children®, a pediatric health care system that was founded by the Shriners fraternity and provides all care with no financial obligation to patients or their families; and WHEREAS: membership in the Shriners fraternity offers the invaluable opportunity to build camaraderie and lifelong friendships with other men of character and upstanding values; and WHEREAS: Shriners International offers its members professional development and leadership opportunities in their local communities and internationally; and WHEREAS: it is fitting and appropriate to acknowledge and celebrate this wonderful fraternity and its rich history on the anniversary of the day the Imperial Council of Shriners International was formed - June 6, 1876. NOW THEREFORE: I, Mayor Mel Norton, �f / f Saint John do hereby proclaim June 6, 2014 International Shriner Day in Saint John, New Brunswick. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 127 rAi 4) Presentation to Common Council June 9, 2014 Mark Reade, P.Eng., MCIP, RPP Growth and Community Development Services 128 W • Amend Section 39 Conditions to allow for a wider range of commercial and light industrial uses — Use is currently limited to a retail home sales lot and a mobile home / trailer (recreational vehicle sales lot) — Allow 46 additional retail, office, service, automotive commercial, institutional, recreational, manufacturing and light industrial uses LL \►r Growth and Community Development Services 129 June 9, 2014 SAINT JOHN W • Long standing industrial uses — Loyalist City Towing compound — Ernie's Landscaping — Roofing contractor • Single -unit dwelling immediately north of site Growth and Community Development Services 130 June 9, 2014 SAINT JOHN W I Auk - 0., ir , f'k a.,. it _ 1 m jill4ry r CC .ti i f Growth and Community Development Services 131 June 9, 2014 SAINT JOHN W Designated Light Industrial: • Key direction of Municipal Plan - land appropriate for industrial uses be retained for such uses • Policy LU -73 calls for the establishment of zoning provisions to limit retail and commercial uses in industrial areas • While existing "I -1" zoning permits a range of non - industrial uses, Municipal Plan direction prevails r,; -r. Growth and Community Development Services 132 June 9, 2014 SAINT JOHN W • Public Notification — 10 letters sent to landowners in vicinity of site — Advertisement in Telegraph Journal - Tuesday May 13, 2014 — No written comments received • Applicant and landowner appeared before Committee and spoke in support of the application — Agreed in principle with Staff Recommendation — Requested that a gas bar be added to listing of permitted uses • No one appeared to speak in opposition to the proposal at the PAC Meeting Growth and Community Development Services 133 June 9, 2014 SAINT JOHN W Limited scope of additional uses • Based on proposed Light Industrial zone in the Draft Zoning By -law • Respects land use intent of Municipal Plan • Acknowledges current lack of municipal services • Permit the following uses: Animal Shelter Business Support Service Contractor Service, Household Distribution Facility Equipment Sales and Rental, Heavy Fleet Service Kennel Light Industrial Use Recreational Vehicle Sales and Service Redemption Centre Sales Centre, Model Home Self- Storage Facility Vehicle Body and Paint Shop Vehicle Sales, Incidental Landscape Material Supply Warehouse Facility Growth and Community Development Services 134 June 9, 2014 SAINT JOHN PAC recommends approval of amended staff recommendation: • Amend Section 39 Conditions to allow the following uses: Permitted Uses: Animal Shelter Business Support Service Contractor Service, Household Distribution Facility Equipment Sales and Rental, Heavy Fleet Service Kennel Landscape Material Supply Light Industrial Use Recreational Vehicle Sales and Service Redemption Centre Sales Centre, Model Home Self - Storage Facility Vehicle Body and Paint Shop Vehicle Sales, Incidental Warehouse Facility Conditional Uses, subject to further review of the Committee: Gas bar E -" Growth and Community Development Services 135 June 9, 2014 SAINT JOHN BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 350 ASHBURN ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, June 9, 2014 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the March 22, 2004 rezoning of the property located at 350 Ashburn Road, also identified as PIS No. 55116073, as amended on August 2, 2011, to permit a revised proposal, REASON FOR CHANGE: To permit a variety of additional; commercial and light industrial uses on the property. PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 350, CHEMIN ASHBURN Par les presentes, un avis public est donne par lequel le conseit communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra clans la Salle du conseil le lundl 9 Juin 2014 a 1S h 30 en apportant les modifications suivantes : Modification des conditions imposees en vertu de l'article 39, le 22 mars 2004, et modifiees le 2 ao0t 2011, relativement au reaonage de la propri&A situee au 350, chemin Ashburn, et portant le NID 55116073, pour permettre la presentation dune proposition revise. The proposed ! amendment ; ! may be inspected by ✓ r 7',r' any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Whitten objections to the amendment may be sent to the undersigned at City Hall. H you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 RAISON DE LA MODIFICATION Permettre une vanW d'utilisations commerciales et industdelles l4geres additionnelles sur la propriete. Toute personne int6ressee peut examiner la modification proposee au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lunch au vendredi, sauf les jours W6. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hbtel de Ville. Si vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contactor le bureau du greffier communal. Jonathan Taylor, Greffter communal 656 -2862 Ad dumber: A148152 Ad ID: 6955686 Current Date: Apr 28 2014 03:35PM Start Date: 5/13/2014 End Date: 5/1312014 Color: BIW Client Approval OK ❑ 136 Corrections Type of Application ❑ Municipal Plan Amendment ❑ Subdivision El Similar /Compatible Use El Zoning By -law Amendment X Variance ❑ Temporary Use X Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of Barsa Ventures Ltd. Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Work Telephone Number 634 -1717 Fax Number 634 -0579 E -mail rt na hu =liessurve_y s.com Name of Property Owner (if different from applicant) Barsa Ventures Ltd. Mailing Address (with Postal Code) c/o Hughes Surveys & Consultants Inc. 575 Crown St. Saint John, NB E2L 5E9 Property Information Location 350 Ashburn Road 55116073 Civic it Street PID Existing Use of Property: Home Sales Lot & Portion of site Proposed Use of Property : ,A variety of I -1 permitted uses is vacant Existing Plan Designation of Property: Light Industrial, _ Proposed Plan Designation of Property: same Existing Zoning of Property: Light Industrial with Section 39 conditions Description of Application See attached details of proposal. Proposed Zoning of Property: same NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applic Signature of Owner kjJAi Richard Turner for Hughes Surveys & Consultants Inc. Kemal Debly for B r a Ventures Ltd. Date o�o I3 For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ ❑ Site Plan ❑ Fee -6 ZC)W�r ChR ❑ Date Tentative Subdivision Plan Building Elevations ❑ Floor Plans ❑ Sign Drawi E'. P.O. Box 1971 Saint John, NB Canada E2L 4Llwww.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 rn�aty�rs��n� 137 SAINT JOHN In 2011 Barsa Ventures Ltd. had a perspective tenant for property and requested approval for development of a trailer or mobile home sales lot, which was granted in August 2011. At the time of that application we had requested some latitude in what the property could be used for with respect to proposed uses but staff chose to recommend the primary use proposed only. The proposal to lease the site to a recreational vehicle sales company fell through shortly after approval was granted for the additional proposed use. Because of restrictions on the use of the property the owner has spent 2 years trying to lease or sell the property with no success. Recognizing this is a high profile site, following is a list of uses that we believe can be suitably developed and would be non offensive given the location. Conditions to assure the site is developed to a high quality standard are acceptable to the owner. Proposed uses: Retail - Bakery Delicatessen Office - Business office Bank Service - Artist's studio Interior decorating studio - Auction room Paint or paper- hanging shop Barber shop Personal service shop Beauty salon Photography studio Catering establishment Printing service Crematorium Radio or television repair shop Dry cleaning establishment Radio or television studio Film exchange Restaurant Frozen food locker establishment Tailor shop Hotel Automotive Commercial - Automobile and parts salesroom Trailer or mobile home sales Institutional - Church Music college - Institutions of a religious, Postal substation philanthropic or charitable nature Public or quasi - public building - Library Manufacturing and Industrial Assembly of minor electric or Electric repair shop; electronic equipment Jewellery manufacture; Carpentry, cabinet - making or Medical & dental laboratory; furniture upholstering shop; Wholesale store or business. Retail - Retail store, not including a shopping centre - Christmas tree sales. Service - Funeral home. Automotive Commercial Car sales lot Used car sales lot - Heavy equipment sales lot Gasoline bar Recreational - Athletic or health club Manufacturing and Light Industrial - Subject to Section 810(11)(b), the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone. In addition to the above uses, approval is sought to allow the installation of a poster panel as permitted in Section 840 of the Bylaw and the following variances be granted with respect to the placement of a poster panel. 1. To allow a poster panel to be placed within 44 metres of the west edge of the westbound lane of the Saint John Throughway; 2. To allow a poster panel to be placed within 270 metres of an existing poster panel. _. k7- P.O. Box 1971 Saint John, NB Canada E21- 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E21-41.1 SAINT JOHN The pry afsWajnhn 138 PIanning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick Canada E2L 4Li May 22, 2014 Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment - 350 Ashburn Road City of Saint John On April 28, 2014 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 21, 2014 meeting. Mr. Richard Turner of Hughes Surveys and Consultants, representing the landowner, appeared before the Committee and indicated that he was in general agreement with the Staff Recommendation relating to the expanded list of uses on the site, but noted the property owner would prefer to have a gas bar added to the list. Mr. Turner noted that the landowner had received offers to develop a gas bar on the site. Mr. Turner noted this portion of Route 1 is not served well by gasoline retailers with the closest retailers having relatively direct highway access in either direction being located in Quispamsis or on the City's west side. It was also noted by the applicant that facilities selling fuel are strictly regulated by the Province with respect to the design of the storage and dispensing systems for petroleum products and noted the landowner had applied for, received, and followed the conditions attached to two Watercourse and Wetland Alteration Permits issued by the Province for past work on the site. It was also noted that the Municipal Plan polices seek to limit commercial land uses in areas designated as industrial in the Municipal Plan and not prohibit them outright. The landowner, Mr. Kemal Debly, appeared before the Committee noting the high visibility and exposure provided by the site to traffic on Route 1. Mt. Turner and Mr. Debly responded to questions from the committee regarding access to the site and the possibility of including a truck stop or restaurant on the property. The landowner noted the site was not large enough to accommodate the parking and manoeuvring that would be required by the large volume of trucks that would use the truck stop. Staff responded to questions from the Committee related to the listing of permitted and conditional uses in the "I -1" Light Industrial zone and the Municipal Plan policies. No other persons appeared before the Committee and no letters were received regarding the application. 140 -2- After considering the report and presentations, the Committee adopted an amended Staff Recommendation relating to the proposed land uses on the site, with the addition of a gas bar as a conditional use in the list of uses that Staff recommended be included in the amended Section 39 conditions. The Planning Advisory Committee denied the variance requests associated with the construction of a poster panel (billboard) on the site. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the March 22, 2004 rezoning of the property located at 350 Ashburn Road, also identified as PID No. 55116073, and as amended on August 2, 2011 as follows: a) Condition a) is deleted and replaced with the following: a) The use of the rezoned area is Iimited to the following uses: Respectfully Chair MR Project No. Permitted Uses: • Animal Shelter • Business Support Service • Contractor Service, Household • Distribution Facility • Equipment Sales and Rental, Heavy • Fleet Service • Kennel • Landscape Material Supply • Light Industrial Use • Recreational Vehicle Sales and Service, Large Recreational Vehicle Sales and Service, Small • Redemption Centre, subject to the condition that the centre shall be wholly contained within a building and not have any outdoor storage associated with the use • Sales Centre, Model Home • Self- Storage Facility • Vehicle Body and Paint Shop • Vehicle Sales, Incidental ■ Warehouse Facility Conditional Uses, subject to the further review of the Planning Advisory Committee: • Gas Bar. 141 ati The city or saint John Date: May 16, 2014 To: Planning Advisory Committee From: Community Planning and Development Growth and Community Development SUBJECT Applicant: Hughes Surveys and Consultants Inc. on behalf of Barsa Ventures Ltd. Owner: Barsa Ventures Ltd. Location: 350 Ashburn Road Existing Designation: Light Industrial Existing Zoning: 1 -1" Light Industrial Application Type: Section 39 Amendment and variances relating to the location of the poster panel sign to: a) reduce the separation distance from the travelled lanes of Highway 1 from 100 metres to 44 metres; and b) to reduce the separation distance from an existing poster panel from 300 metres to 270 metres. Power of Committee: Common Council has requested the Planning Advisory Committee's input regarding the proposed amendments to the Section 39 conditions. Common Council will consider the Committee's recommendation at a public hearing on Monday June 9, 2014. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. Applicant: Hughes Surveys and Consultants Inc. J 1_09t'on: 350 Ashburn Road Page 11 SUMMARY The site contains a model home sales office and display court. The applicant is requesting that the permitted uses on the site be expanded to allow for additional commercial and light industrial uses and that variances be granted to allow for the erection of a poster panel (billboard) on the property. RECOMMENDATION That Common Council amend the Section 39 conditions imposed on the March 22, 2004 rezoning of the property located at 350 Ashburn Road, also identified as PID No. 55116073, and as amended on August 2, 2011 as follows: a) Condition a) is deleted and replaced with the following: a) The use of the rezoned area is limited to the following permitted uses: • Animal Shelter • Business Support Service Contractor Service, Household • Distribution Facility • Equipment Sales and Rental, Heavy { Fleet Service • Kennel • Landscape Material Supply • Light Industrial Use • Recreational Vehicle Sales and Service, Large Recreational Vehicle Sales and Service, Small • Redemption Centre, subject to the condition that the centre shall be wholly contained within a building and not have any outdoor storage associated with the use • Sales Centre, Model Home • Self- Storage Facility • Vehicle Body and Paint Shop • Vehicle Sales, Incidental • Warehouse Facility 2. That the Planning Advisory Committee deny the requested variances for a poster panel sign at 350 Ashburn Road, DECISION HISTORY In March 2004, the Municipal Plan designation of the property was changed from Low Density Residential to Light Industrial and the property was rezoned from "RF" Rural to "I- 1" Light Industrial subject to Section 39 conditions restricting the use of the site to a retail home sales lot and standard site development conditions relating to landscaping, lighting, Applicant: Hughes Surveys and Consultants Inc. I Loch' : 350 Ashburn Road Page 12 paving, site drainage and preparation of a detailed site plan. Variances were also approved relating to freestanding signage and the design of the driveway On August 2, 2011, Common Council adopted amendments to the Section 39 conditions to permit a trailer or mobile home sales lot as a permitted use and paving of additional site access areas. ANALYSIS Site and Surrounding Area The subject site is located between NB Route 1 and the dead -end section of Ashburn Road in East Saint John and has total area of approximately 1.33 hectares with high visibility from the Throughway (NB Route 1). An existing retail home sales lot is located in the southern portion of the property with an elevated gravel pad, constructed since approval of the 2011 application, located in the northwest corner of the property along Ashburn Road. The remaining portion of the site is undeveloped. Elevations of the site range between 2 metres and 4 metres and Little Marsh Creek is adjacent to the northeast corner of the site. The surrounding area is mostly industrial and contains a mixture of light industrial uses such as a roofing contractor, a landscaping contractor and vehicle compound with this area having "I -1" Light Industrial zoning. The property immediately to the north of the site is zoned "RF" Rural and contains a single family dwelling. This area of the City is not currently serviced by municipal water and sewer although it is inside the Primary Development Area. The opposite side of Highway 1 is a major heavy industrial area that includes a large quarry and the Strescon precast concrete manufacturing plant. Proposal The applicant is proposing an amendment to the Section 39 conditions to permit a wider variety of commercial or light industrial uses on the property. The amendment has been requested to improve the marketability of the site. A total of 46 permitted retail, office, service, automotive commercial, Institutional, Recreational, Manufacturing and Industrial Uses have been requested and is provided in the Appendix (Submission 2: List of Requested Land Uses). In addition to the proposed land uses, construction of a poster panel sign measuring 10 metres in length and 4 metres high is proposed in the northeastern portion of the site which requires two variances from the spacing requirements of the Zoning By -law. Applicant: Hughes Surveys and Consultants Inc. I Locitt'o4n: 350 Ashburn Road Page 13 Municipal Plan Future Land Use The site and surrounding area are designated Light Industrial on Schedule B - Future Land Use of the Municipal Plan. While industrial uses are critical to the City's economic growth, they must be carefully located to maximize their benefit to the community. As a result, a key direction of the Municipal Plan is that lands appropriate for industrial development be retained for future industrial use. Policies LU -72 and LU -73 provide guidance as to the range of land uses that are to be permitted in industrial areas designated in the Plan: Policy LU -72 Prohibit residential development in industrial areas to avoid potential land use conflicts. Policy LU -73 Establish provisions in the Zoning Bylaw to limit commercial and retail uses in industrial areas and to limit the scale of retail sales associated with industrial uses. The land use intent and range of permitted land uses in light industrial areas is provided by Policy LU -81 of the Municipal Plan: Policy LU -81 (Council Shall) Create the Light Industrial land use designation on the Future Land Use map (Schedule B). The Light Industrial designation is intended to accommodate industries which generally do not create nuisances, such as noise, heavy truck traffic, smoke, dust, heat, particulate matter, or highly visible outdoor storage, which extend beyond the property line. Examples of such industries include, but are not limited to, light manufacturing and assembly, warehousing, wholesaling, distribution, research & development activities, equipment or vehicle servicing, sales or rental. Uses in the Light Industrial designation will be connected to the City's water and wastewater systems. Servicing While Policy LU -81 states that uses within the Light Industrial designation will be connected to the City's water and wastewater systems, the site is within a portion of the Primary Development Area (PDA) which is presently not serviced by City water and sewer infrastructure. The PDA is the portion of the City which is serviced with water and sewer infrastructure or which is intended to be over the horizon of the Municipal Plan. Given the unserviced nature of this area, an important land use consideration is siting appropriate land uses in this area which are applicable for servicing with wells and on -site sewage disposal systems as the infrastructure does not currently exist to accommodate land uses with large water demands or sanitary sewer flows. Policies NE -8, and NE -10 provide guidance regarding unserviced development. Policy NE -8 Limit unserviced development to protect groundwater for existing well users and to promote more compact urban settlement. Applicant: Hughes Surveys and Consultants Inc. I Locitl' : 350 Ashburn Road Page 14 Policy NE -10 Carefully control industrial development, petroleum storage and other uses that carry with them the potential to contaminate groundwater and surface water supplies. Based on Policies NE -8 and NE -10 Staff are of the opinion that any unserviced industrial development permitted on the site should be land uses which do not place a significant demand on the carrying capacity of any on -site servicing that would be required to service the development and do not pose a risk in terms of contamination or carrying capacity to the area's groundwater supply. On past applications, a key component of the Staff Recommendation has been to limit the range of land uses on the site particularly those that require large amounts of water and /or generate large amounts of wastewater, due to the lack of municipal water and sewer services. It is for this reason that the use of the site was originally limited. Economic Development In addition to the servicing constraints, the direction provided through Municipal Plan policies LU -72 and LU -73 seek to keep industrial areas exclusively industrial which is a departure from the past approach which has seen light industrial areas become a mix of retail, commercial and smaller -scale industrial land uses. The current approach guides the proper investment to the right areas of the City and protects investments that residents and businesses have made in the City. Natural Environment The site is within the area designated in the City's Flood Risk Area By -law and portions of the site are within 30 metres of a watercourse. Policy NE -11 of the Municipal Plan allows for the appropriate restriction of developments within such areas: Policy NE -11 Protect environmentally sensitive areas, including watercourses and wetlands, riparian areas, and floodplains and appropriately restrict development near these features. Zoning The current zoning of the site, 1-1" Light Industrial, allows for a wide range of permitted and conditional land uses. As a result of the lack of municipal servicing, the scope of permitted land uses on the site has been tightly controlled given the area is not appropriate for certain types of development, particularly those that require large amounts of water and /or generate large amounts of wastewater. The City's Infrastructure Development Service area notes any required extension of municipal servicing would be the full responsibility and cost of the applicant. The site is proposed to be zoned Light Industrial (IL) in the Draft Zoning By -law. The proposed Light Industrial zone in the Draft Zoning By -law proposes range of permitted uses that reflect the policy intent of the Municipal Plan in limiting non - industrial land uses Applicant: Hughes Surveys and Consultants Inc. � Localtiig: 350 Ashburn Road Page 15 in areas designated as Light Industrial. Specifically, the draft by -law provides for the following uses: • AnimaI Shelter • Business Support Service • Car Wash • Contractor Service, Household • Distribution Facility • Equipment Sales and Rental, Heavy • Fleet Service Kennel Recreational Vehicle Sales and Service, Large • Recreational Vehicle Sales and Service, Small • Redemption Centre, subject to paragraph 12.1(2)(b) • Research and Development Facility • Sales Centre, Model Home • Self- Storage Facility • Special Industrial Use • Vehicle Body and Paint Shop • Landscape Material Supply • Vehicle Sales, Incidental • Light industrial Use • Warehouse Facility Outdoor storage is also permitted as an accessory or secondary use to the uses listed above, subject to restrictions on its location and visual screening. The listing of permitted uses in the draft by -law also provides improved definitions which group similar land uses, avoiding the lengthy listing of land uses that is found in many zones of the current zoning by -law. The applicant is also proposing to construct a poster panel (billboard) sign in the northeast portion of the site adjacent to Highway 1. The current by -law permits this form of signage in the "I -1" Light Industrial zone subject to size and spacing restrictions to minimize the visual impact of the sign. In this case the applicant is seeking a variance from two provisions of the by -law that limit the placement of poster panels: a) reduce the separation distance from the travelled lanes of Highway 1 from 100 metres to 44 metres; and b) to reduce the separation distance from an existing poster panel from 300 metres to 270 metres. The Zoning By -law presently does not allow any signage to be placed within 100 metres of, and oriented towards, Route 1 or Route 7. The intent of this provision is to prevent the proliferation of billboard signs along the highway for aesthetic and safety reasons. A 300 metre spacing limitation is also placed on this form of signage to limit the prevalence of this type of signage within the City. An existing poster panel sign is located approximately 270 metres south of the site on the property on the south side of Ashburn Road (PID 55087837). Continuance of these limitations is proposed in the Draft Zoning By -law. Discussion Additional Permitted Uses The direction provided through the Municipal Plan policies LU -72 and LU -73 seeks to keep industrial areas purely industrial which is a departure from the past approach which has seen light industrial areas become a mix of retail, commercial and smaller -scale industrial land uses. While the existing provisions of the "I -1" Light Industrial zone permit a broad Applicant: Hughes Surveys and Consultants Inc. I Loc1t' : 350 Ashburn Road Page 16 range of uses, many of which are not industrial in nature, Staff note that this is the case where there is a difference between the long range vision established in the plan and the permitted Iand uses outlined in the Zoning By -law that is currently in force. Section 27.1 of the Community Planning Act provides that: 27.1 Where there is a conflict between a municipal plan and a zoning or subdivision by -law, the municipal plan prevails. Given the legislative provisions of the Community Planning Act in this matter, any land use on the site must fit within the context of light industrial uses as outlined in the City's Municipal Plan. In addition, the property is unserviced which presents a Iimitation on the types of uses that can be located there due to the impacts that a development may have on the area's groundwater supply or limitations regarding the amount of sanitary sewer flow that can be accommodated by on -site servicing. Based on the intent of the Light Industrial designation established in the Plan, combined with the servicing limitation, Staff have reviewed the listing of permitted uses proposed for the Light Industrial (IL) zone in the Draft Zoning By -law to determine possible land uses that could be incorporated through the Section 39 amendment to expand the range of permitted uses on the site. The listing of permitted uses in the Draft By -law respects the intent of the plan to limit commercial and retail uses in areas designated and zoned as industrial. Within the Light Industrial (IL) zone in the Draft Zoning By -law, twenty land uses are permitted, two of which [trailer or mobile home sales and a retail home sales lot) are currently permitted. Staff have reviewed the listing of permitted uses with respect to the potential for the land use to have a high water demand or sanitary sewer flow. Based on this review there are three permitted uses; a car wash, a research and development facility and a special industrial use which have the potential to have a high water demand or sanitary sewer flow. While a car wash by nature involves utilization of a large volume of water, the research and development facility and special industrial use also have the potential to generate water demands and sanitary sewer flows that would be best served by an area where municipal services are provided. This is based on the definition of these uses that does not specifically limit the type of process associated with such a facility. As a comparison, a light industrial use as defined in the draft by -law places a limitation on water demand which restricts water usage to employee washrooms, indirect cooling and pressure testing of equipment, cleaning of vehicles and or equipment and similar uses ancillary to the manufacturing process and not processes which require large amounts of water. Based on this analysis, staff recommend the Section 39 conditions for the site be amended to expand the permitted uses for the site to include those proposed in the Light Industrial zone of the draft by -law, except for the following: a car wash, a research and development facility and a special industrial use. Given that eight of the of these uses (animal shelter, distribution facility, household contractor service, heavy equipment sales and rental, Applicant: Hughes Surveys and Consultants Inc. I Loch': 350 Ashburn Road Page 17 kennel, redemption centre, self - storage facility and warehouse) which are permitted in the Draft Zoning By -law are currently conditional uses in the existing 1-1" Light Industrial zones, further approval of the Committee would be required for their establishment on the property. The applicant has also requested that the excavation of land greater than one metre in depth be permitted subject to Section 810 (11) (b) of the Zoning By -law for the purposes of preparing the site for development permitted in the zone. This use is currently a conditional use in the 1-1" Light Industrial zone. As this is a conditional use, Staff recommend that this use not be approved at this time and that a Conditional Use application be brought forth by the applicant when this work is required. Staff note that the property is almost entirely within the Flood Risk Area as defined in the City's Flood Risk Area By -law requiring careful review and consideration by City Staff with respect to earthworks which result in changes in elevation. Signage Variances Two variances are required to permit the construction of the proposed poster panel sign. The variances seek to reduce the permitted spacing from an existing poster panel (located southwest of the subject property) from 300 metres to approximately 270 metres and reduce the permitted spacing from Highway 1 from 100 metres to 44 metres. Placement of the poster panel on the site would allow for an additional income stream to the landowner. The applicant notes variances are being requested given the configuration and location of the property which limit the ability to meet the 100 metre setback from Route 1 and given the fact that while there is a poster panel located less than 300 metres away, the existing poster panel is at a much higher elevation than the proposed poster panel. The intent of these separation distances for poster panels is to prevent the proliferation of this type of signage and the associated visual impact. The 300 metre spacing from existing poster panels seeks to limit their presence throughout the City to manage their visual impact and the 100 metre spacing from Highway 1 and Highway 7 limits their placement along Provincial Arterial Highways for aesthetic and safety reasons. The City's Inspection & Permitting Services service area notes the proposed location of the sign is within the 12 metre setback area on either side of the West Branch of Marsh Creek where development is prohibited (Section 5(1) of the Flood Risk Area By -Law). Relocation of the sign to meet this criterion would likely further reduce the 270 metre proposed setback from the existing poster panel. Staff note the width of the property ranges between 62 and 83 metres. This width, when combined with the location of the property adjacent to Route 1 precludes any portion of the property from meeting the 100 metre setback for a poster panel sign. Staff are of the opinion that the setback should be maintained to mitigate the aesthetic and safety impacts along this corridor. Applicant: Hughes Surveys and Consultants Inc. I Loclgr: 350 Ashburn Road Page 18 Conclusion Based on the above analysis, an amendment to the existing Section 39 conditions is recommended to expand the permitted industrial land uses on the property. The recommended additional land uses are those that align with the land use vision established in the Municipal Plan for the area and do not have large water demands or sanitary sewer flows. Denial of the requested variances to permit the construction of a poster panel sign is recommended as the requested variances are contrary to the intent of the regulations. ALTERNATIVES AND OTHER CONSIDERATIONS As an alternative to expanding the list of permitted uses on the site, the Committee could choose to recommend that Common Council deny the request to allow additional Iand uses on the site. ENGAGEMENT Public - In accordance with the requirements of Section 68(1) of the Community Planning Act, a newspaper advertisement was published in the Telegraph - Journal on Tuesday May 13, 2014 informing the Public of the Public Hearing for the proposed Section 39 amendment. Notification of the proposal was also sent to landowners with a 100 metre radius of the site on April 29, 2014 in accordance with Section 68(7) of the Act. SIGNATURES AND CONTACT Prepared by: A Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Tel: 674.4238 Fax: 658.2837 E -mail: mark.reade@saintjohn.ca Project: 14 -373 Approved by: -41 orfar, MBA, MCIP, RPP ty Commissioner Applicant: Hughes Surveys and Consultants Inc. ; f_oc W: 350 Ashburn Road page 19 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Submission 1: Site Plan Submission 2: List of Requested Land Uses Applicant: Hughes Surveys and Consultants Inc. LocW: 350 Ashburn Road Page 11.0 Map 1- Site Location 350 Ashburn Road Date: May 12, 2014 Uw City orSaine John OJ W OA 1�hhw Jv Lake I J -Cb ILI Lew hTMk- 1 ' Pall PAC / r� f r 152 W vp '49- 0 The [itv orSaio� Iw�n f� Map 2 - Future Land Use 350 Ashburn Road Date: May 12, 2014 Bid's/ 8asauxce N061-al Al eg PI'Im#ry INSIONMORtArea (PBt iN I 153 i urban Reserve ... , NNZW • Hoary: ��ti ►Adustrisl Hr I a. N �- dO Z r i i ,r d i r 2 r. 'f r .f PI'Im#ry INSIONMORtArea (PBt iN I 153 i urban Reserve ... , NNZW • Hoary: ��ti ►Adustrisl Hr 154 Map 4 - Aerial Photography 350 Ashburn Road Date: May 12, 2014 Th¢Ciq ofmint john ZI 37f1� f - r r ,Jak-." all -fix,, ".,tee. •`� . °,f ,� •�' a� ',�`'� .�.f. ". ' 4, s a � qqt/yy 155 a� Joanne E. Middleton -- {` _ -- -- macs — YfT87' z"�PE` n8dr -------------------------------- ASHBURN P..P°red By ff"HZE BURVSxs x CONSULTANTS RUC. S.M. 12, 2G1.- LAK E THROUGHWAY ROAD s o s 10 rs 20 I : 250 mat. 156 This area occupied by Oakhill Homes Sales lot PUMP WALKWAY TG MAIN PARKING AREA AND avn= A 7 X Site Plan Sample Layout for a Proposed R.V. & Mobile Home Dir play Court Ashburn Lake Road, Saint John, New Brunswick SEPT. 12, 2013 °'sa32rso I"` ° - ZOW H03249 plek ,2003 9.E.S Y3 -2K -R �• °. -Pam. T.O.SW / 11 1 JI \ Emies Home Improvements 1/I rlf JJ1l I 1�1J iii II 111 � P1 I .JJ Joanne E. Middleton -- {` _ -- -- macs — YfT87' z"�PE` n8dr -------------------------------- ASHBURN P..P°red By ff"HZE BURVSxs x CONSULTANTS RUC. S.M. 12, 2G1.- LAK E THROUGHWAY ROAD s o s 10 rs 20 I : 250 mat. 156 This area occupied by Oakhill Homes Sales lot PUMP WALKWAY TG MAIN PARKING AREA AND avn= A 7 X Site Plan Sample Layout for a Proposed R.V. & Mobile Home Dir play Court Ashburn Lake Road, Saint John, New Brunswick SEPT. 12, 2013 °'sa32rso I"` ° - ZOW H03249 plek ,2003 9.E.S Y3 -2K -R �• °. -Pam. T.O.SW Submission 2: List of Requested Land Uses Retail Uses Bakery Delicatessen Office Uses Business Office Bank Service Uses Artist's Studio Film Exchange Auction Room Frozen Food Locker Establishment Barber Shop Hotel Beauty Salon Catering Establishment Crematorium Dry Cleaning Establishment Interior Decorating Studio Paint or Paper Hanging Shop Personal Service Shop Automotive Commercial Uses Automobile and Parts Salesroom Car sales lot Heavy Equipment sales lot Institutional Uses Church Institutions of a religious, philanthropic or charitable nature Library Photography Studio Printing Service Radio or television repair shop Radio or television studio Restaurant Tailor shop Trailer or mobile home sales Gasoline bar Used car sales lot Manufacturing and Industrial Uses Assembly of minor electric or electronic equipment Carpentry, cabinet- making or furniture upholstering shop Electric repair shop Retail Uses Retail store, not including a shopping centre Service Uses Funeral home Music College Postal substation Public or quasi - public building Jewellery manufacture Medical & dental laboratory Wholesale store or business Christmas tree sales Recreational Uses Athletic or health club Manufacturing and Industrial Uses (Conditional Use - PAC approval required) Subject to Section 810 (11) (b) of the Zoning By -law, the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone. 157 A 41 The city of Saint John. June 9, 2014 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment —11 King William Road A Public Presentation was made on April 28, 2014 of a proposed amendment to the Municipal Development Plan which would redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 15.8 hectares, located at 11 King William Road, also identified as PID Number 55159719, from Stable Area, to Employment Area, and would redesignate, on Schedule B of the Plan, the same parcel of land, from Stable Residential to Light Industrial to permit a light industrial park. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Tuesday, August 5t', 2014 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachment SAINT JMW FO. Box 1971 Saint john, NB Canada E2L 4L1 I wwvv &iintiohFi ul I C.P. 197.1 Saint john, N.-B. Canada E2L 4L1 r- - -_ 158 Advertiser Name: Saint John Common Clerk Advertiser Code: 571206 Size: 4.00 x 13.50 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE: 11 KING WILLIAM ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 15.8 hectares, located at 11 King William Road, also identified as PID No. 55159719, from Stable Area, to Employment Area, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Stable Residenthd to Vght Industrial. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 28, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE To permit a light industrial park. Written objections to the proposed amendment ° may be made to the Council, in care of the undersigned, by May 28, 2014. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 11, CHEMIN KING WILLIAM Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John a ('intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier la designation, A I'annexe A du plan, dune parcelle de terrain d'une superficie d'environ 15,8 hectares, situ6e au 11, chemin King William, et portant le NID 55159719, afin de la faire passer de sectear stable z secteur d anptoi, comme it est indiqu6 ci- dessous. 2. Modifier la designation, ii I'annexe a du plan, de la parcelle de terrain pr6cit6e, afin de la faire passer de secteur nisfdentld stable 5 sectear d1ndustries h4h*4. r� �1 If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 Une pr6sentation publique du projet de modification aura lieu lors de la reunion ordinalre du conseil communal le lundi 28 avrll 2014 dans la salle du conseil, au niveau du hall d'entr6e, 3 I'h&tel de Vile. RAISON DE LA MODIFICATION: Permettre un parc d'industrie 16gere. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus Lard le 28 mai 2014 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer aver le bureau du greffier communal ou le bureau du service de la croissance et du d6veloppement communautaire a t'h6tel de Ville au 15, Market Square, Saint John, N. -B., entre 8h30et16h30dulundiau vendredi, saut les fours fdri6s. Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 Ad Number: Al 43589 Ad ID: 6950930 Current Date: Apr 07 2014 04:18PM Start Date: 4/15/2014 End Date: 4/15/2014 Color: BIW Client Approval OK ❑ 159 Corrections ❑ Taylor, Jonathan From: Leanna Estabrooks <lestabrooks @yahoo.ca> Sent: May -07 -14 12:30 PM To: Irving, Brian; External - CommonClerk, Farren, Bill; Norton, Greg; Norton, Mel; Rinehart, Shelley Subject: STOP THE REZONING!!! So here we go again... another fight to stop the rezoning of the 40 acre parcel of land bordered by King William Rd, Ocean Westway and Route 1. Haven't the residents of this area already made themselves clear that we DO NOT want this area rezoned to a "light" industrial area ?? I just received a pamphlet in the mail that Saint John Industrial Parks are at it again! If I didn't find the whole matter so serious some of the information would have actually been funny: Increased traffic - "it is conceivable there will be additional traffic onto Ocean Westway" - are you kidding me? "conceivable " ?? - it will absolutely increase traffic on Ocean Westway, there is no doubt about it so stop acting like we are stupid and can't read between the lines! We are already on the bottom of the list when it comes to road repairs so I can just imagine the impact the increased traffic will have on our streets! Restrictions on hours of operation - typically 9 -5 - what exactly does this mean? "typically " ?? so there is no guarantee that we will not be subjected to an increased noise level before or after the hours of gam -5pm? You do realize that the land that you are looking to develop boarders a residential neighbourhood that has many school aged children and parents who do require sleep in the evening and over -night hours in order to work and attend school don't you ?? Without any kind of established rules as to hours of operation in this so called "light industrial" zone could have a hugely negative impact on our family life! Those are just a couple of the outrageous claims you are making about the "minimal" impact your rezoning request will cause - the pamphlet really is ridiculous! As residents of Saint John County we pay full property and water taxes and have very little to show for it ... we have no children's playground, no area improvment initiatives that I've ever heard of, minimal bus service, few sidewalks and a mess of garbage (including discarded oil containers that have leaked oil) along the old railroad tracks that has never been cleaned up. You have already cleared a large portion of land behind my home and what a mess!! You put 1 residential home there in order to comply and nothing since which I assume was all part of the plan as you waited to reapply for your light industrial permit. If any of you have not seen this eyesore, I suggest that you take a drive and have a look. The amount of wildlife you have displaced is shameful! In all my years of living here I have never seen this amount of small birds and other animals that have had to relocate closer to our homes...just imagine what ripping up another 39 acres will do! I understand the need for growth but the Spruce Lake Industrial Park is right down the road and it looks to me like there is all kinds of room there for expansion - how can you possilby justify the 40 acres of wildlife land you intend to destroy behind our homes is going to make a difference to your "inventory"! ' 60 42a � 0 51 Birchwood Place, Saint John, N.B. E2M 5G4 May 2112014 Htg Worship and Members of Common Council, Our concern is with the application for rezoning of a parcel of land at 11 King William Road from residential to Light Industrial as submitted by Saint John Industrial Park. This parcel of land consists of approximately 40 acres of potential for increasing the residency of our area by many households. What a wonderful addition to the building potential in West Saint John. We live on Birchwood Place. The land mentioned in the application boarders on our backyard. Due to my Environmental Illness, I have major concerns regarding air pollution from daily exposure to the increase in light industrial development. There is potential for much more development as this will open up a throughway for other adjacent properties for their trucks and equipment. Because of these multiple chemical and environmental sensitivities, an ongoing development and daily use as would be in the full extent of the light industrial . is not a healthy environment for all of us in the neighbourhood. We purchased our home in this residential area because it was zoned this way since 1977 when the development was started. We did so believing that it was and would remain residential! We put an addition on to our home last year with many considerations so we could remain in our home in our more senior years. We are disturbed to think with the purchase of our home and improvements the rules can change at any time. It seems that the community of several hundred people in the Ocean Westway- Birchwood area, should be listened to more so than the desire to obtain more potential land for SJIP. Other concerns we have in relation to this are the issues of increased traffic that would occur; more noise at different hours of the day. In conclusion, due to health concerns, environmental changes, increased traffic, concerns of noise and lighting, we would appreciate your support in declining the application for rezoning from residential to Light Industrial. Please remember that an approved Industrial Park is situated on the other side of the highway which could easily continue to develop the lighter industrial area. Thanks for your assistance in resolving this concern of ours. Yours Truly, Norah Sullivan - O'Toole / s r ,{�/ / David O'Toole /II 162 To: brian.irving @saintjohn.ca External - CommonClerk; bill. ferren@ saintjohn. ca, greg. norton @saintjohn.ca,mel.norton.ca, shell ey .rinehart@saintjohn.ca,gerrylowe @saintjohn. ca, Susan _fullerton @saintjohn.ca,john. macKenzie @saintjohn. ca, Donna Reardon, David david.merrithew @saint John.ca, ray. strawbridge @saintjohn.ca,shirley mcAlary @saint John.ca. Subject: STOP THE REZONING!!! So here we go again ... another fight to stop the rezoning of the 40 acre parcel of land bordered by King William Rd, Ocean Westway and Route 1. Haven't the residents of this area already made themselves clear that we DO NOT want this area rezoned to a "light" industrial area ?? I just received a pamphlet in the mail that Saint John Industrial Parks are at it again! If I didn't find the whole matter so serious some of the information would have actually been funny: Increased traffic - "it is conceivable there will be additional traffic onto Ocean Westway" - are you kidding me? "conceivable " ?? - it will absolutely increase traffic on Ocean Westway, there is no doubt about it so stop acting like we are stupid and can't read between the lines! We are already on the bottom of the list when it comes to road repairs so I can just imagine the impact the increased traffic will have on our streets! Restrictions on hours of operation - typically 9 -5 - what exactly does this mean? "typically " ?? so there is no guarantee that we will not be subjected to an increased noise level before or after the hours of 9am -5pm? You do realize that the land that you are looking to develop boarders a residential neighbourhood that has many school aged children and parents who do require sleep in the evening and over -night hours in order to work and attend school don't you ?? Without any kind of established rules as to hours of operation in this so called "light industrial" zone could have a hugely negative impact on our family life! Those are just a couple of the outrageous claims you are making about the "minimal" impact your rezoning request will cause - the pamphlet really is ridiculous! 163 As residents of Saint John County we pay full property and water taxes and have very little to show for it ... we have no children's playground, no area irnprovment initiatives that I've ever heard of, minimal bus service, few sidewalks and a mess of garbage (including discarded oil containers that have leaked oil) along the o d railroad tracks that has never been cleaned up. You have already cleared a large portion of :'a-td bey`-::.,. f tz.1re a.-.! W41 a`a 77E--s- residential home therein order to comply and rte, -.=g s' ---e 4 0.7n as;_ -- --as a plan as you warted to reapply for your light Indust-4. eyesore, I suggest that you take a drive and have a a-- w ` :z ` displaced is shameful! In all my years of living he-e and other animals that have had to re!ocate cf - :^ c::- "- another 39 acres will do! understand the need for grown*. but t^,e SP u--e ��e 7'ra-1 `z 'g-- _ :-,E it looks to me like there is all Inds of room there f;,r e --s "c- - - � the 40 acres of wildlife land you intend to destroy behind our hcmes is .gc "--8 tL —,,,e a difference to your "inventory"! L� u c Q A"."j-z') -5,r ° 'CA's fir` a A of i�A� P AK NY _� r J. v VNJ 26 C�� Etj C& A �o LA .1 LD I.J ,21 �-` 32- -�3 g7 '9 3 Z�IeLkUX-4:-V / 5, do ) pe, Lc � Ek r-6 W-Ycd P( q C), 105 lo5 3 �- CYm�q o�c 5n 131�JcUawl & 33/ Sri Lci 3i'mms o Birchwood PL GGIiA llJ�l Y0 S;r,6r R s0 J3iacN (> �l r yr i� I A W6�ml I.Z17 k6all, �IyAalvlxww-) N ,p 6 ",70/ r( c2 3 Y 7 Z/7 lo�l _ S-L _ f May 26, 2014 Mayor Mel Norton and Council of the city of Saint John, NB PO Box 1971 Dear Mayor and Council Re: Saint John Industrial Parks Ltd. Applications to re- zoning property bordered by King William Rd, and Birchwood Place (Ocean Westway) What a slick was the Saint John Industrial Parks Ltd. had to notify the citizens of Birchwood Place, that they have applied to re -zone the 40 acre proposed subdivisions and not to mention our existence on the pamphlet. No to mention that it was almost lost to several house folds, because of the way it was delivered. Some threw it out. We have been dealing with this issue of the 40 acre parcel of property since 1999 to the present 2014. How much longer? We thought it had been settled in 2012, when the application of the subdivision and variance was approved by the Council of the day. Myself, David O'Tool and Nora Sullivain O'Tool were present when the approval was given. It was a nice residential plan for a similar mix of housing to compliment the established neighborhood, Birchwood Place. My husband, Kenneth and I have lived here for the past 37 years. First at #26irchwood Place, semi - attached and presently at #57 Birchwood Place, a single dwelling adjacent to the 40 acre property zoned residential. Which now is in question! We both say: No! to rebuilding inventory for the Saint John Industrial Parks Ltd. outside the Industrial Park. No! to the applicant to have the 40 acre property re -zoned to industrial. No! to light or heavy Industry in a residential neighborhood. It is difficult for us to accept that the Saint John Industrial Parks Ltd. would work against loyal Saint John residents, when so many have left the city! Sincerely yours, Barbara and Kenneth Johnson 167 f-'4-,cz- Wet/ "A4 '71 q q t "taa I• t IL 4L-,? 44 ���4C tAl�'Il 4- jiu, 169 is 1: 9 June 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Online City of Saint John Real Estate Listings: 9 June 2014 Background: Real Estate Services manages the City of Saint John real estate holdings. Services include responding to the public's inquiries regarding the City's real estate assets and this could be enhanced with an online inventory of listings (land and buildings) that are for sale because they are surplus to the needs of the City of Saint John. Motion: Request the City Manager to list on the corporate website all real estate holdings, both land and buildings, that are surplus to the needs of the City of Saint John. Respectfully Submitted, Greg Norton Councillor (Ward 1) City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 170 is 1: 9 June 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Re- Sizing of Fleet Background: The Council that was in place before this Council was elected, hired an outside firm to look at the City of Saint John fleet of vehicles and equipment. The presentation this firm made of their findings was in open session of Council and made a couple of suggestions to bring our fleet into line of what most cities our size should have. They were quite surprised that our city did not have a policy on the use of city owned vehicles. After this firm's presentation the Council of the day made a motion to have staff re -size our fleet and to develop a policy for employees usage of city owned vehicles. Motion: City Manager bring back to Council the plan to re -size the City of Saint John's fleet and also develop a policy for the use of city owned vehicles. I ask that these two directives be completed and presented back for Councils approval no later than the end of September 2014. Respectfully Submitted, Bill Farren Councillor (Ward 1) City of Saint John l� — VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 171 is 1: 9 June 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Fines Raised for Poop and Scoop By -Law Background: After attending a public meeting with the residents of Dominion Park, Leisure Services City Staff, Minister Dorothy Shepard and Councillor Norton there were many concerns. However, one concern that can be solved quickly is the lack of a good deterrence (fines) for the poop and scoop by -law. Motion: City Manager raise the level of fines for people who do not clean up after their pets to a higher level of fine that will help deter people from not cleaning up after their pets. Respectfully Submitted, Bill Farren Councillor (Ward 1) City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 172 is 1: 9 June 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Canada Post Neighbourhood Group Mail Boxes Background: Seems as though Canada Post is moving forward with their plans to do away with home delivery of our mail and only delivering to neighbourhood group mail boxes. This raises a number of concerns for our City a couple of which would be the placement of these large mail boxes on city owned land and the clean -up of these same areas when people throw the unwanted mail, such as flyers, on the ground. Motion: City Manager contact Canada Post in order to find out when they plan on making these changes to our area, how they plan to place these mail boxes in our community, who is responsible for clean- up and appearance of these areas and any other important questions he and other Councillors may come up with. Respectfully Submitted, Bill Farren Councillor (Ward 1) City of Saint John l� — VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 173 REPORT TO COMMON C OUN M &C 2014 -85 June 1, 2014 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBIECT Lifeguard Services — City Beaches BACKGROUND: a. rk�s The Clay of Sauu john For the 2014 beach season, the decision was made to issue a Request for Proposals (the "RFP ") to solicit the marketplace for competitive bids, the intent being to ensure the City is obtaining the best value for its citizens. ANALYSIS: An RFP was issued to prospective proponents and closed on Tuesday, May 27, 2014. Only two compliant proposals were received as follows: Canada Games Aquatic Centre Saint John, NB Maritime Day Tripping Inc. Saint John, NB A proposal selection committee, consisting of representatives from Transportation and Environment Services and Materials Management reviewed the proposals and was tasked with the role of reviewing each qualified proposal against the proposal evaluation rated criteria and pricing as defined in the RFP. These rated criteria and pricing consisted of the following: 1. Quality and Completeness — Has the proposal addressed all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Proponent's Experience — Has the proposal demonstrated a level of expertise with the requirements of the RFP? 3. Experience and Qualification of Lifeguards — Has the proponent demonstrated the ability to provide trained and qualified lifeguards, holding all necessary certifications? 4. Cost — Cost will be a factor, however not the only factor to be considered in the evaluation of the proposals. In accordance with the terms and conditions of the RFP, separate assessments of the technical proposals and financial proposals were undertaken by the proposal evaluation committee members. 174 Report to Common Council 2014 Lifeguard Services - Award of Contract M &C 2014 -85 Page 2 of 2 At the conclusion of the evaluations of the technical and financial proposals, the proposal evaluation committee unanimously rated the proposal submitted by the Canada Games Aquatic Centre as the highest ranked proponent based on the evaluation stages set out in the RFP and is now required to enter into a contract in accordance to the terms and conditions contained in the RFP . The above process is in accordance with the City's Policy for the Procurement of Goods, Services and Construction which supports the recommendation being put forth. FINANCIAL CONSIDERATIONS: The cost to the City of Saint John for lifeguard services provided by the Canada Games Aquatic Centre for the 2014 beach season will be $136,000 plus HST. An amount of $117,720 was included in the 2014 Operating Budget for the provision of lifeguards. It is anticipated that the additional required funding can be found from within the total approved Parks budget envelope. RECOMMENDATION: It is recommended that the proposal for the provision of lifeguard services for the 2014 beach season as submitted by Canada Games Aquatic Centre at the cost of $136,000 plus tax be accepted. In addition, it is recommended that the Mayor and Common Clerk be authorized to execute the attached contract which text accompanies the City Manager's correspondence in this matter to Common Council, dated June 1, 2014. Respectfully submitted, ,H Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environmental Services Patrick Woods, CGA City Manager Att.: Proposed Contract for Lifeguard Services 175 /m/. Edwards, P.En . g Commissioner, Transportation and Environmental Services LIFEGUARD SERVICES CONTRACT THIS CONTRACT (the "Contract ") made in triplicate effective as of the day of June, 2014 (the "Effective Date "). BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building 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 referred to as the "City" OF THE FIRST PART -AND— SAINT JOHN AQUATIC CENTRE COMMISSION, a public body corporate and politic, incorporated pursuant to an Act of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Aquatic Centre" OF THE SECOND PART The City issued a Request for Proposals 2014- 085901P for the Lifeguard Services to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. The Aquatic Centre submitted a Technical Proposal and Financial Proposal with respect to the Request for Proposals which Proposals the City has accepted. The purpose of this Contract is for the lifeguard services to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. Common Council on [v], 2014: (a) [6 Enter Resolution] 176 Page ,z NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Contract, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND GENERAL PROVISIONS 1.1 No Indemnities from the City (1) Notwithstanding anything else in this Contract, any express or implied reference to the City providing an indemnity or incurring any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the City, whether at the time of execution of this Contract or at any time during the Term or any extensions thereof, shall be void and of no legal effect. 1.2 Entire Contract (1) This Contract embodies the entire agreement between the Parties and supersedes any prior understanding or agreement between the Parties relating to the subject matter hereof and in existence at the Effective Date. (2) The Parties agree that in entering into this Contract they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Contract. 1.3 Severability (1) If any term or condition of this Contract, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Contract, and the application of such term or condition to the Parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 1.4 Priority of Documents (1) In the event of a conflict or inconsistency between any provisions in this Contract and the Schedules, the main body of this Contract shall govern over the Schedules. (2) In the event of a conflict or inconsistency between any provisions in the Request for Proposals and the Proposals, the main body of the Request for Proposals shall govern over the Proposals. (3) In the event of any other conflict or inconsistency not contemplated in this section 1.4, the matter shall be referred to Dispute Resolution. 177 P a g c 13 1.5 Conflict with Laws (1) For greater certainty, in the event of a conflict or inconsistency between any provisions of this Contract and any Applicable Laws, the Applicable Laws shall govern and prevail to the extent of such conflict or inconsistency. 1.6 Headings and Grammatical Variations (1) The division of this Contract into articles, sections, subsections, and paragraphs, and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Contract. (2) In this Contract, grammatical variations of any defined terms shall, unless the context otherwise requires, have similar meanings to such defined terms, words denoting the singular include the plural and vice versa, and words denoting any gender include all genders. 1.7 Notices (1) Notices shall be in writing and shall be delivered by courier or personal delivery and shall be addressed to, in the case of service upon the City, the City Address to the attention of the Common Clerk or, in the case of service upon the Aquatic Centre, to the Aquatic Centre Address to the attention of the Aquatic Centre Representative. (2) Notices shall be deemed to have been given in the case of courier or personal delivery one calendar day after such notice is received by the other Party. In the event of a courier disruption, notices must be given by personal delivery or by facsimile. Unless the Parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this section. 1.8 Governing Law (1) This Contract shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.9 Modifications and Amendments (1) This Contract may not be modified or amended except by an instrument in writing signed by the Parties hereto or by their successors or permitted assigns. 1.10 Enurement (1) This Contract shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 178 l4 1.11 Approval (1) Wherever the provisions of this Contract require or provide for an approval by the other Party or to any action or any Person, this Contract shall be deemed to provide that: (a) Such request for approval shall be sent to the other Party or Person from whom such approval is requested in writing and shall: (1) contain or be accompanied by any documentation or information required for such approval in reasonably sufficient detail, as determined by the party receiving the request, acting reasonably; (ii) clearly set forth the matter or matters in respect of which such approval is being sought; (iii) form the sole subject matter of the correspondence containing such request for approval; and (iv) clearly state that such approval is being sought; (b) Such approval shall be in writing; (c) Such approval shall not be unreasonably or arbitrarily withheld or delayed (unless the text hereof expressly states that such approval may be unreasonably or arbitrarily withheld or shall be subject to the sole and /or absolute discretion of a Party); and (d) Any Dispute as to whether or not such approval has been unreasonably withheld or delayed shall be referred to Dispute Resolution. ARTICLE 2 TERM 2.1 Term (1) The term of this Contract will commence on the 21St day of June, 2014 and shall extend until 5:45 p.m. (Saint John time), to all Beaches, on the 1St day of September, 2014 (the "Expiry Date "), unless sooner terminated or extended by the City or as otherwise provided in this Contract. (2) The occurrence of a Force Majeure Event will not extend the Term beyond the Expiry Date. 179 age 5 ARTICLE 3 STATUS OF AQUATIC CENTRE 3.1 Capacity of Aquatic Centre (1) The Parties represents and warrants that it has the full right, power, and authority to enter into this Contract and there is no contract with any other Person which would in any way interfere with the rights of the Parties under this Contract. 3.2 Authority of Representatives (1) The Parties represent that their respective representatives have the authority to legally bind them to the extent permitted by Applicable Law. 3.3 No Partnership, Agency etc. (1) The Aquatic Centre shall have no power or authority to bind the City or to assume or create any obligation or responsibility, express or implied, on behalf of the City. The Aquatic Centre shall not hold itself out as an agent, partner or employee of the City. (2) Nothing in this Contract shall have the effect of creating an employment, partnership or agency relationship between the City and the Aquatic Centre (or any of the Aquatic Centre's directors, officers, employees, agents, partners, associates, affiliates or Subcontractors). 3.4 Acts and Omissions (1) The Aquatic Centre acknowledges and agrees that it is liable for the acts and omissions of its directors, officers, employees, agents, partners, associates, affiliates and Subcontractors. This paragraph is in addition to and not in derogation of any and all of the Aquatic Centre's liabilities under this Contract and under the general application of Applicable Law. (2) The Aquatic Centre shall advise those individuals and entities, for whom it is responsible of its obligations under this Contract and, without limiting the generality of the foregoing, shall take all appropriate action to ensure compliance with this Contract, including, without limitation, section 3.7 of this Contract. (3) In addition to any other liabilities of the Aquatic Centre pursuant to this Contract or otherwise at law or in equity, the Aquatic Centre shall be liable for all Claims arising from any breach of this Contract resulting from the actions of the individuals and entities, as provided in subsection 3.4(1). HE Pag< i6 3.5 No Subcontracting or Assignment (1) The Aquatic Centre shall not subcontract or assign the whole or any part of this Contract or any monies due under it without the prior Approval of the City (which approval may be arbitrarily withheld). Such consent shall be in the sole discretion of the City and subject to the terms and conditions that may be imposed by the City. (2) Without limiting the generality of the conditions which the City may require in its sole and absolute discretion prior to consenting to the Aquatic Centre's use of a Subcontractor, every contract entered into by the Aquatic Centre with a Subcontractor shall adopt all of the terms and conditions of this Contract as far as applicable to those parts of the Services provided by the Subcontractor. For greater clarity, the Aquatic Centre agrees that prior to using a Subcontractor, the Aquatic Centre shall request the Approval of the City Representative. (3) Nothing contained in this Contract shall create a contractual relationship between any Subcontractor or its directors, officers, employees, agents, partners, associates, affiliates or Subcontractor and the City. 3.6 Change of Control (1) In the event that there is a change of control in the Aquatic Centre, the Aquatic Centre shall immediately disclose such change in control to the City and shall comply with any terms and conditions subsequently prescribed by the City resulting from the disclosure. 3.7 Non - Exclusive Contract, Work Volumes (1) The Aquatic Centre acknowledges that it is providing the Services to the City on a non- exclusive basis and the City makes no representation regarding the volume of goods and services required (if any) under this Contract. (2) The City reserves the right at any time to contract with other parties for the same or similar goods and services as those provided by the Aquatic Centre and reserves the right to obtain the same or similar goods and services internally. 3.8 Remedies Cumulative (1) No reference to or exercise of any specific right or remedy by a Party shall prejudice or preclude such Party from exercising or invoking any other remedy, whether allowed under this Contract or generally at law or in equity, and the express provisions of this Contract as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the City or the Aquatic Centre under this Contract or Applicable Law, or otherwise, at law or in equity. 181 age 7 3.9 Conflicts of Interest (1) The Aquatic Centre acknowledges the provisions of section 4.4 of the Request for Proposals and covenants and agrees that it shall comply with the provisions thereof as such provisions relate to the performance of the Services under this Contract. (2) Notwithstanding and in addition to the foregoing, the Aquatic Centre shall: (a) Avoid any Conflict of Interest in the performance of its contractual obligations under this Contract; (b) Disclose without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations with the City, including work done for any other party other than the City during the course of this Contract; and (c) Comply with any requirements prescribed by the City to resolve any Conflict of Interest. (3) In addition to all other contractual rights or rights available at law or in equity, the City may, in its sole and absolute discretion, immediately terminate this Contract upon giving notice to the Aquatic Centre where: (a) The Aquatic Centre fails to disclose an actual or potential Conflict of Interest; (b) The Aquatic Centre fails to comply with any requirements prescribed by the City to resolve a Conflict of Interest; or (c) The Aquatic Centre's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Contract. ARTICLE 4 PERFORMANCE BY THE AQUATIC CENTRE 4.1 Commencement of Performance (1) The Aquatic Centre shall commence the Services on the dates and times as follows: (a) Starting June 21St, 2014 at 10:45 a.m. (Saint John time) at Dominion Park and Little River Reservoir; and (b) Starting June 21St, 2014 at 11:00 a.m. (Saint John time) at Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park). 182 Page ,8 4.2 Performance Warranty (1) The Aquatic Centre hereby represents and warrants that the Services shall be provided fully and diligently in a professional and competent manner by persons qualified and skilled in their occupations and furthermore that all Services will be provided in accordance with: (a) This Contract; (b) Good Industry Practice; and (c) Applicable Laws. If any of the Services, in the opinion of the City, are inadequately provided or require corrections, the Aquatic Centre shall forthwith make the necessary rectification or corrections, at its own expense, as specified by the City in a rectification notice. 4.3 No Waiver (1) Any failure by the City to insist in one or more instances upon strict performance by the Aquatic Centre of any of the terms or conditions of this Contract shall not be construed as a waiver by the City of its right to require strict performance of any such terms or conditions or any other terms or conditions, and the obligations of the Aquatic Centre with respect to such performance shall continue in full force and effect. ARTICLE 5 SERVICES BY AQUATIC CENTRE 5.1 Responsibilities and Obligations of Aquatic Centre (1) The Aquatic Centre shall perform the Services, at all Beaches, as set out in this Contract, the RFP and Proposals, and shall ensure that Lifeguards, without limitation, shall: (a) Intervene to prevent injuries in and around the aquatic environment; (b) Foster a good public image and adhere to professional standards; (c) Meet responsibilities of varying importance in their role as Lifeguards which include to themselves, to those they protect, to fellow beach staff, to the City, and to all Beaches; (d) Meet or exceed their responsibility to the City by promoting a positive and professional attitude, appearance, and behaviour, at all times; 183 age 19 (e) Meet or exceed their responsibility to those under their protection by giving them the diligent and constant supervision expected both morally and legally. As well, they must create a friendly and positive beach experience through public relations skills; and (f) Meet or exceed their responsibility towards all Beaches environments by upholding Applicable Laws as far as possible within their role as Lifeguards. (2) The Aquatic Centre will perform the Services under the general direction and control of Park and City Landscape Division and will be responsible for the following: (a) All uniforms of the Lifeguards; (b) Safety and rescue equipment including (i) four automatic external defibrillators with current and valid inspection sticker dates, one per each beach; (ii) four thermometers for air and water, one per each beach; (iii) four pocket masks, one per each beach; and (iv) telecommunication and radio communication devices for all beaches. All appropriate equipment is to be placed in a ready function and checked to ensure proper working order on a daily basis, at all Beaches. (3) The Aquatic Centre shall be responsible to provide a written report on any hazardous conditions, injury, accident or illness related to the Beaches, beach users, or the general public, as soon as possible to Park and City Landscape Division and will ensure that all Lifeguards are positioned in a place that allows effective surveillance of the entire swimming area. (4) The Aquatic Centre shall ensure the appropriate safety supervision staffing levels are chosen depending on the number of daily swimmers which will include a minimum of three full -time lifeguards on duty, at all times, for each Beach, Monday to Sunday, for the duration of the Term of this Contract, and at least one person on staff, daily, at one of the Beach location, will be fluently bilingual in the English and French languages, and may be contacted in case of an emergency, by telecommunication and radio communication devices. HE Page 110 ARTICLE 6 SERVICES BY THE CITY 6.1 Responsibilities and Obligations of the City (1) The City, at its own expense, through Parks and City Landscape Division, shall provide the following items, on all Beaches, on the 21St day of June, 2014, and will pick up the said items, on or after the 1" day of September, 2014 as follows: (a) Lifeguard(s) chair(s) [number to be determined by Parks and City Landscape Division]; (b) Signage which include beach hours, lifeguard on /off duty and beach rules; (c) Access to locked storage area of equipment; (d) Shelter and toilet facilities for Lifeguards and the general public; (e) Keys for various Beaches; (f) Shovels [number to be determined by Parks and City Landscape Division]; (g) Four first aid kits and contents; (h) Eight rescue cans; (i) Four rescue paddleboards; (j) Four paddleboard stands; (k) Four sets of buoys lines; (1) Four binoculars; (m) Four megaphones; (n) Four spinal boards with head immobilization units; (o) Four cervical collars; and (p) Splints. (2) The City, at its own expense, through Parks and City Landscape Division, will be responsible to arrange physical maintenance of the Beaches including grass cutting, 185 a1, e 111 sand quality, and garbage pickup, and ensuring with the supplier, the cleanness of portable toilets, or any other additional maintenance and upkeep of the Beaches as agreed between the Parties. ARTICLE 7 PAYMENT FOR SERVICES 7.1 Payment According to Contract (1) The City will be required to pay the Aquatic Centre for the Services provided in accordance with the provisions of this Contract at the Fees established under this Contract. (2) The City will pay the Aquatic Centre an amount of $136,000.00, excluding HST /GST, as per the following payment schedule: Anticipated Payment Date ' Amount r June 19, 2014 I $34,000.00 plus HST /GST July 17, 2014 $34,000.00 plus HST /GST August 21, 2014 1 $34,000.00 plus HST /GST September 18, 2014 1 $34,000.00 plus HST /GST (3) No payment hereunder shall be construed as an acceptance or approval of incomplete, defective or improper performance by the Aquatic Centre of any of its obligations under this Contract, nor shall it operate to relieve the Aquatic Centre from the performance of any of its obligations under this Contract which have not been performed. 7.2 Hold Back and Set -Off (1) The City may hold back payment or set -off against any payment to the Aquatic Centre hereunder if, in the opinion of the City, acting reasonably, the Aquatic Centre has failed to comply with any requirements of this Contract, and the Aquatic Centre shall not suspend or terminate the provision of any Services or the performance of its obligations hereunder in respect of any such hold back or set -off of payment. :. ale 112 7.3 No Other Expenses (1) There shall be no other charges payable by the City under this Contract to the Aquatic Centre other than the Fees established under this Contract unless such charges and /or rates are first Approved by the City. 7.4 Taxes and Duties (1) Unless otherwise stated, the Aquatic Centre shall pay all applicable taxes, including sales and excise taxes incurred by or on the Aquatic Centre's behalf with respect to this Contract. 7.5 HST /GST Status (1) The City is subject to the Harmonized Sales Tax. If the City becomes exempt from payment of Harmonized Sales Tax, the City will provide the Aquatic Centre with a certification that the Services are required for the use of the City and are therefore not subject to the Harmonized Sales Tax. 7.6 Withholding Tax (1) The City shall withhold any applicable withholding tax from amounts due and owing to the Aquatic Centre under this Contract and shall remit it to the appropriate government in accordance with applicable tax laws. 7.7 No Late Payment Charges (1) The City will endeavour to pay invoices when due to the Aquatic Centre, but shall not be required to pay interest on any late payments. 7.8 Document Retention and Audit (1) For seven years following the expiration of the Term, the Aquatic Centre shall maintain all necessary records to substantiate: (a) All charges and payments under this Contract; (b) That the Services were provided in accordance with this Contract and with Applicable Law. During the Term, and for seven years following the Expiry Date, the Aquatic Centre shall permit and assist the City in conducting audits of the operations of the Aquatic Centre to verify paragraphs (a) and (b) hereof; and (c) The City shall provide the Aquatic Centre with at least ten Business Days prior notice of its requirement for such audit. The Aquatic Centre's obligations under this section shall survive any termination or expiry of this Contract. 187 P a g c 113 ARTICLE 8 INSURANCE AND INDEMNITY 8.1 Aquatic Centre Liability Insurance (1) The Aquatic Centre shall obtain and maintain, at its own cost and expense, at all times during the Term of the Contract or any extension or prolongation thereof, the following insurance policies: (a) Commercial General Liability Insurance against claims arising out of operations and activities in connection with Services or other work performed by the Aquatic Centre or any of its controlled affiliates under this Contract, covering bodily injury (including death), property damage, including loss of use of property without physical damage, and personal injury. This insurance shall cover injury, loss or damage arising out of all Services or any other work under this Contract, performed by the Aquatic Centre and any of its controlled affiliates involved in performing services or other work under this Contract and shall include 12 months completed operations coverage after completion of the Services or other work performed under this Contract. This insurance shall be written on an occurrence basis and shall provide coverage for premises, operations, broad form property damage, contractual liability, employer's liability and non -owned automobile insurance and shall include cross liability and severability of interests provisions with respect to insureds under the policy or policies. The policy or policies will include the City and the City's agencies and their respective councillors, commissioners, board members, officers and employees as insureds or additional insureds with respect to liabilities arising out of the Services and other work of the Aquatic Centre, its controlled affiliates performing services or other work on its behalf and other persons performing services or other work under this Contract for whom the Aquatic Centre or any of its controlled affiliates is responsible at law. This insurance may be organized as any combination of primary, umbrella and /or excess liability insurance and shall be subject to a limit of not less than five million dollars any one accident or occurrence subject to a general aggregate limit of not less than five million dollars any one annual period. (b) Automobile Liability Insurance covering owned, leased or operated licensed motor vehicles used in connection with the Services and any other work of the Aquatic Centre and any of its controlled affiliates involved in performing services or other work under this Contract on behalf of the Aquatic Centre. This insurance may be organized as any combination of primary, umbrella and excess liability insurance policies and shall be subject to a limit not less than two million dollars combined single limit for injury, death or property damage resulting from each accident or occurrence. HE Page 114 (2) The insurance policies placed or caused to be placed by the Aquatic Centre pursuant to Article 8 will operate as primary insurance with respect to the Services or any other work under this Contract by the Aquatic Centre and its controlled affiliates involved in performing services or other work under this Contract on behalf of the Aquatic Centre or, at the sole and unfettered discretion of the Aquatic Centre, any Subcontractors or other Persons performing services or any other work under this Contract on behalf of the Aquatic Centre. 8.2 Aquatic Centre Indemnity (1) The Aquatic Centre shall indemnify and save harmless the City from all Claims, 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 performance of this Contract or anything done or purported to be done in any manner hereunder, but only to the extent that such Claims, or other Proceedings are attributable to and caused by the Aquatic Centre's negligence, errors or omissions or that of its controlled affiliates or other Persons for whom it is responsible at law. (2) In no event will the Aquatic Centre be obligated to ndemnify the City in any manner whatsoever in respect of any Claims caused by the negligence, errors or omissions of the City, or any Person for whom the City is responsible. 8.3 Participation in Proceedings (1) The Aquatic Centre shall, at its expense, to the extent requested by the City, participate in or conduct the defence of any Proceeding against any Indemnified Parties referred to in this Article 8 and any negotiations for their settlement. (a) The City may elect to participate in or conduct the defence of any such Proceeding by notifying the Aquatic Centre in writing of such election without prejudice to any other rights or remedies of the City under this Contract, at law or in equity. (b) Each Party participating in the defence shall do so by actively participating with the other's legal counsel. No settlement shall be entered into by the Aquatic Centre unless it has obtained the prior Approval of the City. If the Aquatic Centre is requested by the City to participate in or conduct the defence of any such Proceeding, the City agrees to co- operate with and assist the Aquatic Centre to the fullest extent possible in the Proceedings and any related settlement negotiations. If the City conducts the defence of any such Proceedings, the Aquatic Centre agrees to co- operate with and assist the City to the fullest extent possible in the Proceedings and any related settlement negotiations. :• P a Z c 115 8.4 Extent of this Section (1) Nothing in this Article 8 shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which the Aquatic Centre may be held responsible for payments of damages to Persons or property. ARTICLE 9 TERMINATION AND DEFAULT 9.1 Termination for Default (1) The City will have the right to immediately terminate this Contract upon giving notice to the Aquatic Centre where: (a) The Aquatic Centre makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Aquatic Centre under the Bankruptcy and Insolvency Act (Canada) or similar legislation. (b) The Aquatic Centre's default in performing and observing any of the terms, covenants, warranties or conditions of this Contract. (c) The Aquatic Centre breaches the Conflict of Interest provision in this Contract. (d) In the City's reasonable opinion, the Aquatic Centre prior to or after executing this Contract makes a material misrepresentation or omission or provides materially inaccurate or misleading information to the City. (e) The Aquatic Centre undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Aquatic Centre's ability to satisfy some or all of its obligations under this Contract. (f) The Aquatic Centre subcontracts for the provision of part or all of the Services or assigns this Contract without first obtaining the Approval of the City. (g) In the City's reasonable opinion, the Aquatic Centre's acts or omissions constitute a substantial breach of the Aquatic Centre's obligations under this Contract. 190 I Dgc , 16 9.2 Rectification (1) Where the Aquatic Centre fails to comply with any of its obligations under this Contract, the City may issue a rectification notice to the Aquatic Centre setting out the manner and time -frame for rectification. Within seven calendar days of receipt of that notice, the Aquatic Centre shall either: (a) Comply with that rectification notice; or (b) Provide a rectification plan satisfactory to the City. If the Aquatic Centre fails to either comply with that rectification notice or provide a satisfactory rectification plan, the City may immediately terminate this Contract. Where the Aquatic Centre has been given a prior rectification notice, any subsequent of non- compliance by the Aquatic Centre in respect of such obligations shall allow the City to immediately terminate this Contract. 9.3 Termination on Notice (1) The City reserves the right to terminate this Contract, without cause, upon five calendar days' prior written notice to the Aquatic Centre. 9.4 Obligations on Termination (1) The Aquatic Centre shall, following the giving of a notice of termination by the City hereunder or upon expiry of the terms, in addition to its other obligations under this Contract and at law: (a) Provide the City with a report detailing: (i) The current state of the provision of Services by the Aquatic Centre at the date of termination; and (ii) Any other information requested by the City pertaining to the provision of the Services and performance of this Contract; (b) Execute such documentation as may be required by the City to give effect to the termination of this Contract; and (c) Comply with any other instructions provided by the City, including but not limited to, instructions for facilitating the transfer of its obligations to another Person. (2) Upon early termination of this Contract and settlement of accounts, or upon completion of the Aquatic Centre's obligations under this Contract, all items listed in subsection 6.1(1) or any other item belonging to the City and under the control of the Aquatic 191 Iage ,17 Centre, or Persons, or their agents, or Subcontractors, shall forthwith be delivered to the Parks and City Landscape Division by the Aquatic Centre. 9.5 Payment upon Termination (1) The City shall only be responsible for the payment of the Services provided under this Contract up to and including the effective date of any termination. Termination shall not relieve the Aquatic Centre of its warranties and other responsibilities relating to the Services performed or money paid. (2) In addition to its other rights of hold back or set -off, the City may hold back payment or set -off against any payments owed if the Aquatic Centre fails to comply with its obligations on termination. For greater certainty, under no circumstances shall the Aquatic Centre be entitled to payment from the City for or in respect of any foregone or projected profits, revenue, or income or other indirect or consequential losses or damages resulting or arising directly or indirectly from any termination of this Contract. (3) Without limiting the generality of this Article 9, the Aquatic Centre shall indemnify the City for, and hold it harmless against, all additional costs, charges and expenses incurred by the City as a consequence of a breach by the Aquatic Centre of its obligations hereunder, including without limitation, all costs incurred by the City in connection with the operation and maintenance of the Beaches relating to the Services. 9.6 Riehts and Remedies (1) The express rights of termination in this Contract are in addition to and shall in no way limit any rights or remedies of the City under this Contract or Applicable Laws or otherwise, at law or in equity. ARTICLE 10 DISPUTE RESOLUTION 10.1 Dispute Resolution Procedure (1) The Parties shall attempt to negotiate all Disputes in good faith. (2) In the event the Parties are unable through good faith negotiations to mutually resolve any Dispute, controversy or Claim arising out of, in connection with, or in relation to the interpretation, performance or breach of this Contract, such Dispute, controversy or Claim shall be referred to Dispute Resolution in accordance with Schedule 5. 10.2 Retention of Rights (1) It is agreed that no act by either Party shall be construed as a renunciation or waiver of any rights or recourses provided either Party has given the notices required under this 192 P a 6 e 118 Article 10 and has carried out with the instructions as provided in Schedule 5 — Section A — Referral to Senior Management. (2) Nothing in this Article 10 shall be construed in any way to limit a Party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of Saint John and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that either Party may have under Schedule 5 — Section B — Mediation, to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Survival of Obligations (1) All of the obligations, representations, and warranties of a Party accruing hereunder during the existence of this Contract, or any renewal, or extension thereof, shall survive the termination or expiration of the Term. 11.2 Time (1) This Contract shall not be enforced or bind any of the Parties, until executed by all the Parties named in it. 11.3 Further Acts (1) The Parties shall at all times and from time to time hereafter and upon every reasonably written request to do so, make, do, execute, deliver or cause to be made, done, executed and delivered all such further acts, deeds, assurances and things as may be required to more effectively implement and carry out the true intent and meaning of this Contract. 11.4 Counterparts (1) This Contract may be executed in any number of counterparts. Any Party may send a copy of its executed counterpart to the other Party hereto by facsimile transmission or by electronic mail instead of delivering a signed original copy of such counterpart. Each executed counterpart (including each copy sent by facsimile transmission or electronic mail) shall be deemed to be an original and all such executed counterparts taken together shall constitute one and the same agreement, and notwithstanding the date of execution shall be deemed to bear the same date as written above on this Contract. 193 ARTICLE 12 DEFINED TERMS 12.1 Definitions age 19 When used in this Contract, the following words or expressions have the following meanings: (1) Applicable Law means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by -laws, rules, regulations, official plans, permits, licences, authorisations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be applicable to either this Contract or the Services or any part of them; and Applicable Laws shall have a corresponding meaning. (2) Approval or Approved and similar expressions means approval or consent in accordance with the procedures set out in section 1.11 unless otherwise provided herein. (3) Aquatic Centre Address means 50 Union Street, Saint John, New Brunswick, E2L 1A1, Telephone: 506.658.2991, Fax: 506.658.4730. (4) Aquatic Centre Representative means a person designated by the Aquatic Centre with duly vested authority to act on behalf of the Aquatic Centre. (5) Beaches means, collectively, the beaches at Dominion Park, Little River Reservoir, Fisher Lake (Rockwood Park), and Lily Lake (Rockwood Park); and Beach means any one of them. (6) Business Day means a day other than a Saturday, Sunday, or statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City. (7) Change in Law means the coming into effect or repeal (without re- enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Contract. (8) City means The City of Saint John, New Brunswick. (9) City Address means 15 Market Square, City Hall Building, 8th Floor, Saint John, New Brunswick, E2L 41-1, Attention: Common Clerk, Telephone: 506.658.2862, Facsimile: 506.674.4214. (10) City Manager means the city manager of the City appointed by resolution by Common Council, or his designate. 194 P a g c 120 (11) Claim means any actual or threatened loss, liability, cost, charge, interest, claim, demand, allegation, action, cause of action, proceeding, suit, assessment, reassessment, proposed assessment or reassessment, damage, demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency, penalty, court proceeding or hearing cost, amount paid in settlement, Encumbrance, and /or tangible and intangible property right (including all costs and expenses relating to the foregoing, including legal and other professional adviser and expert fees and expenses), and whether arising by contract, at common or statute law, in tort (including negligence and strict liability), in equity, in property or otherwise of any kind or character howsoever, and howsoever arising; and Claims means any one of them. (12) Common Clerk means the common clerk or the assistant common clerk of the City appointed by resolution by Common Council. (13) Common Council means the elected municipal council of the City. (14) Conflict of Interest includes, but is not limited to, any situation or circumstance where in relation to the performance of its contractual obligations in this Contract, the Aquatic Centre's other commitments, relationships or financial interests: (a) Could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (b) Could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations. (15) Contract means this contract, including all Schedules and any other schedule attached at the time of execution and any amendments executed in accordance with the terms and conditions of this Contract. (16) Dispute means any dispute, controversy, Claim(s), disagreement or failure to agree arising out of, in connection with, or relating to the interpretation, performance or application of the Contract; and Disputes means any one of the foregoing. (17) Dispute Resolution has the meaning ascribed thereto in the Dispute Resolution Procedure. (18) Dispute Resolution Procedure means those dispute resolution procedures ascribed thereto in Schedule S. (19) Encumbrance means any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever, (20) Expiry Date has the meaning ascribed thereto in subsection 2.1(1). 195 Paz- e 21 (21) Fees means the firm price, in Canadian funds, to be charged for the applicable Services, as set out in Schedule 1, representing the amounts chargeable by the Aquatic Centre for the provisions of the Services, including but not limited to: (a) All applicable duties and taxes, excluding Harmonized Sales Tax; (b) All labour and material costs; (c) All insurance costs; and (d) All other overhead including any fees or other charges required by law. (22) Financial Proposal means the financial proposal submitted by the Aquatic Centre on May 27, 2014, identified as such in Schedule 4. (23) Good Industry Practice means the exercise by those Persons performing the Services of that degree of skill, diligence, prudence, operating practice, and foresight which would reasonably and ordinarily be expected from a Person seeking in good faith to comply with their contractual obligations under this Contract who is experienced in carrying out services and works comparable in size, scope, and complexity to the Services within Canada. (24) Governmental Authority means each national, federal, provincial, municipal, local or other government, each governmental, regulatory, administrative, judicial, quasi - judicial or other agency, body, department, corporation, authority, commission, instrumentality, regulatory body, board, panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi - judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self- regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction, in respect of the Parties, the Contract, and the Services; Governmental Authorities has a corresponding meaning. (25) Harmonized Sales Tax means the harmonized sales tax or the tax imposed under Part IX of the Excise Tax Act (Canada) or any other federal sales tax, consumption tax, excise tax, value added tax, business transfer tax or other tax that can reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Excise Tax Act (Canada) (the "HST /GST") properly exigible in respect of the Services pursuant to this Contract. (26) Indemnified Parties means the City, its officers, directors, employees, agents, boards, commissions or independent contractors. (27) Lifeguards mean those persons who are 16 years old or older, holding a current lifeguard training waterfront certificate, a current standard First Aid and CPR /AED 196 cce 22 certificate(s) and are designated by the Aquatic Centre to safeguard swimmers, and in addition, they must be Physically Fit. (28) Party individually means the City or the Aquatic Centre; and Parties means the City and the Aquatic Centre, respectively. (29) Person means any individual, corporation, firm, partnership, joint venture, trust, unincorporated organization, commission, board, Governmental Authority, unincorporated body of Persons or association and any other entity having legal capacity, and the heirs, beneficiaries, executors, administrators or other legal representatives of a Person in such capacity; and Persons means any one of them. (30) Physically Fit means a person who has met the requirements of a physical fitness screening test prior to the season, approved by the Aquatic Centre (31) Proceeding means any Claim; and Proceedings shall have a corresponding meaning. (32) Proposals means the Technical Proposal and the Financial Proposal, respectively. (33) Request for Proposals means the request for proposals 2014- 085901P issued by the City on May 13, 2014 for the Lifeguard Services, identified as such in Schedule 2. (34) Schedules means the following schedules attached to and forming an integral part of this Contract: a) Schedule 1(Schedule of Terms of Reference, Fees and Supplementary Provisions); b) Schedule 2 (Request for Proposals — 2014- 085901P); c) Schedule 3 (Technical Proposal); d) Schedule 4 (Financial Proposal); and e) Schedule 5 (Dispute Resolution Procedure). (35) Services means those lifeguard services as set forth in this Contract and include the responsibility to continuously observe the activities of patrons to ensure their safety, at all Beaches, during the business hours as set out in Schedule 1, including without limitation the deliverables as set forth in the RFP, Part 2 —The Deliverables. (36) Subcontractor is a Person or entity, other than the Aquatic Centre, having direct agreement with the Aquatic Centre to perform any part or parts under this Contract on behalf of the Aquatic Centre; and Subcontractors shall have a corresponding meaning. (37) Technical Proposal means the technical proposal submitted by the Aquatic Centre on May 27, 2014, identified as such in Schedule 3. 197 a a 1 23 (38) Term has the meaning ascribed thereto in Article 2 of this Contract. IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed by the City of Saint John has caused this Contract to be executed in its corporate name in the manner prescribed by the Municipalities Act (New Brunswick), and amendments thereto, and Saint John Aquatic Centre Commission, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED } in the presence of: ) f The City of Saint John I I Witness HE Mel K. Norton, Mayor Jonathan A. Taylor, Common Clerk Common Council Resolution: June [0], 2014 Saint John Aquatic Centre Commission Per: Shane Dickie, Treasurer have authority to bind the Aquatic Centre P a g c 24 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, JONATHAN A. TAYLOR, of the City of Saint John, in the County of Saint John, and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the foregoing instrument affixed is the Common Seal of the said The City of Saint John and that it was affixed by resolution of the Common Council of the said City. 3. THAT the signature "Mel K. Norton" to the said instrument is the signature of Mel K. Norton, Mayor of the said City, and the signature "Jonathan A. Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of June, 2014. Francois M. Beaulieu Commissioner of Oaths Being a Solicitor Jonathan A. Taylor 199 Page 125 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Shane Dickie, 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 Treasurer of the Saint John Aquatic Centre Commission, the service provider named in the foregoing instrument and am duly authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. (2) That the attached contract was executed by me as the officer duly authorized to execute the contract on behalf of the Saint John Aquatic Centre Commission. (3) That the Saint John Aquatic Centre Commission has no seal. (4) That the said document was executed as aforesaid at Saint John in the Province of New Brunswick on the day of June, 2014. SWORN TO before me at Saint John, in the Province of New Brunswick the day of June, 2014. Commissioner of Oaths, Shane Dickie 200 Lifeguard Services Contract Schedule 1 SCHEDULE 1 SCHEDULE OF TERMS OF REFERENCE, FEES AND SUPPLEMENTARY PROVISIONS 201 age 11 Notwithstanding anything else in this Contract, the firm price required to deliver the Services during the Term of this Contract, in Canadian funds, shall be $136,000.00, plus HST /GST The Aquatic Centre agrees to deliver the following lifeguard services as follows: (1) The Aquatic Centre shall be responsible for lifeguard services and to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Lily Lake (Rockwood Park) and Fisher Lake (Rockwood Park) beaches. (2) The Aquatic Centre shall ensure that a minimum of three full -time Lifeguards are on duty, at all times, for each Beach, Monday to Sunday, for the Term of this Contract, at the following hours (Saint John time): (a) Dominion Park from 10:45 a.m. to 5:45 p.m.; (b) Little River Reservoir from 10:45 a.m. to 5:45 p.m.; (c) Lily Lake (Rockwood Park) from 11:00 a.m. to 5:30 p.m.; and (d) Fisher Lake (Rockwood Park) from 11:00 a.m. to 5:30 p.m. (3) The Aquatic Centre shall ensure that all Lifeguards have the following certifications: (a) Current lifeguard training NLS or Red Cross lifeguard waterfront certificate; (b) Current standard First Aid certificate; (c) Current standard CPR /AED certificates. (4) The Aquatic Centre shall ensure that all Lifeguards have been designated by the Aquatic Centre to safeguard swimmers; be 16 years of age or older; and be Physically Fit to the extent required by the nature of the duties of the positions. (5) The Aquatic Centre shall perform the deliverables under the general direction and control of Parks and City Landscape Division and shall be responsible for all uniforms of the Lifeguards; safety and rescue equipment including four automatic external defibrillators with current and valid inspection sticker dates, one per each Beach; four thermometers for air and water, one per each Beach; four pocket masks, one per Beach; and telecommunication and radio communication devices for all Beaches. (6) The Aquatic Centre shall be responsible to provide a written report on any hazardous conditions, injury, accident or illness related to the Beaches, beach users, or the general public, as soon as possible to Parks and City Landscape Division and shall ensure that all Lifeguards are positioned in a place that allows effective surveillance of the entire swimming area. 202 Page 2 (7) The Aquatic Centre shall ensure that at least one person on staff, Monday to Sunday, at one of the Beach location, will be fluently bilingual in the English and French languages, and may be contacted in case of an emergency, by telecommunication and radio communication devices. (S) It is expected that the scope of services to be provided will include, but not be limited to: (a) Intervene to prevent injuries in and around the aquatic environment; (b) Foster a good public image and adhere to professional standards; (c) Meet responsibilities of varying importance in their role as lifeguards which include to themselves, to those they protect, to fellow beach staff, to the City, and to all Beaches; (d) Meet or exceed their responsibility to the City by promoting a positive and professional attitude, appearance, and behaviour, at all times; (e) Meet or exceed their responsibility to those under their protection by giving them the diligent and constant supervision expected both morally and legally. As well, they must create a friendly and positive beach experience through public relations skills; and (f) Meet or exceed their responsibility towards the beach environment by upholding applicable laws as far as possible within their role as lifeguards. (9) The Aquatic Centre shall ensure that all Lifeguards services provided throughout the Term of this Contract are consistent with current Canadian and New Brunswick standards and practices. (10) The above description of the deliverables is not an exhaustive list and is to be used as a guide, in combination with good legal judgment and standards in lifeguard services. 203 Lifeguard Services Contract Schedule 2 SCHEDULE 2 REQUEST FOR PROPOSALS — 2014- 085901P [9 Add Request for Proposals] M Lifeguard Services Contract SCHEDULE 3 TECHNICAL PROPOSAL 10 Add Technical Proposal] O Schedule 3 Lifeguard Services Contract Schedule 4 SCHEDULE 4 FINANCIAL PROPOSAL [m Add r-Inandat Proposal] 206 Lifeguard Services Contract Schedule 5 SCHEDULES DISPUTE RESOLUTION PROCEDURE 207 agc I1 A. Referral to Senior Management (1) All Disputes arising out of, or in connection with this Contract, or in respect of any legal relationship associated with or derived from this Contract, shall within two calendar days of notice from one Party to the other be referred for resolution to the City Manager and the Aquatic Centre Representative. (2) If the City Manager and Aquatic Centre Representative are not able to resolve the Dispute referred to them under this section A within seven calendar days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation (1) Either Party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. (2) If the Parties resolve to mediate the Dispute referred to them under subsection A.(2) of this Contract, the Parties shall invoke the following mediation process: (a) Either Party shall immediately declare an impasse and provide written notice to the other within seven calendar days thereof (or such other period as the Parties mutually prescribe) declaring that such Party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three and not more than five proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least ten years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related field of the Dispute; and (ii) unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. (b) Upon receipt of such notice, the notified Party shall have two calendar days to select one of the proposed mediators as the mediator, failing which the Party providing notice shall select one of its proposed mediators as the mediator. Within ten calendar days following selection of the mediator the matter shall be heard by the mediator; and (c) The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten calendar days following No gage l2 the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (New Brunswick), and the mediator's decision shall not be binding upon the Parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the Dispute. The decision of the mediator shall be rendered in a written report, not to exceed two pages in length, delivered to the Parties within ten calendar days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. (3) The mediation shall be terminated: (a) By the execution of a settlement agreement by the Parties; or (b) By a written declaration of one or more of the Parties that the mediation is terminated; or (c) By a written declaration by the mediator that further efforts at mediation would not be useful. (1) The place of mediation shall be the City of Saint John and Province of New Brunswick, C. Arbitration (1) In the event that the Parties are unwilling to mediate their Dispute or that the Dispute between the Parties remains unresolved after mediation has been attempted in good faith, then either the City or the Aquatic Centre, upon written notice to the other, shall refer the Dispute for determination to a Board of Arbitration (the "Tribunal ") consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of the Aquatic Centre, and the third chosen by these two. (2) In case of failure of the two arbitrators appointed by the Parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. The arbitrators shall have at least ten years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related field of the Dispute. (3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. (4) Notwithstanding the provisions of the Arbitration Act (New Brunswick), the Tribunal, upon such terms as are deemed by it to be appropriate, may allow either Party to amend or supplement its claim, defence or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the Tribunal considers the delay in amending or supplementing such statements to be prejudicial to 209 .;aSe ;3 a Party. The Tribunal will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. (5) The Tribunal may encourage settlement of the Dispute and, with the written agreement of the Parties, may order that mediation, conciliation or other procedures be used by the Parties at anytime during the arbitration proceedings to encourage settlement. (6) If, during the arbitration proceedings, the Parties settle the Dispute, the Tribunal shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the Parties, record the settlement in the form of an arbitration award on agreed terms. (7) Subject to subsection C.(8), any determination made by the Tribunal shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Tribunal may decide. (8) Either Party may appeal an arbitration decision to The Court of Queen's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. (9) The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (New Brunswick), shall apply to the arbitration. 210 REPORT TO COMMON COUNCIL M &C 201484 June 1, 2014 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT St. Rose & Barnhill Ballfield Fence Replacement —Award of Contract BACKGROUND Tile Cite of Saint John As part of the 2014 General Fund Capital Budget Council allocated $525,000 towards the renewal of basic recreational infrastructure through the Facility Renewal Fund. A number of distinct projects are planned through this fund this summer, including the replacement of the ballfield fence at the St. Rose and Barnhill Schools. These fields are part of the Memorial Ballfield complex and see a significant amount of use by Lancaster Little League and other groups. The existing fence is rusted and requires complete replacement. INPUT FROM OTHER SOURCES— MATERIALS MANAGEMENT A public tender call for the supply and install of St. Rose and Barnhill Ballfields — Fence Replacement was advertised on April 23, 2014 and closed on May 14, 2014. Two (2) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE* Fundy Fencing Ltd. $98,000.00 Maritime Fencing Ltd. $65,424.00 *Exclusive of HST The Staff of Leisure Services and Materials Management reviewed the tenders and have found them to be complete and compliant with the technical specifications put forth within the tender call. Staff believes that the low tenderer has all the necessary resources and expertise, and recommend 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. 211 Report to Common Council Page 2 of 2 St. Rose and Barnhill Ballfields - Fence Replacement M &C 2014 -84 FINANCIAL CONSIDERATIONS The estimated cost of this work was $90,000. The required monies are included in the 2014 General Capital Budget as part of the Facility Renewal Fund, RECOMMENDATION It is recommended that the tender for the replacement of the fence at St. Rose and Barnhill Ballfields as submitted by Maritime Fencing Ltd. at the cost of $55,424.00 plus HST be accepted. In addition, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environmental Services Patrick Woods, CGA City Manager 212 Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Services FUNDY REGIONAL SERVICE COMMISSION I May 27, 2014 City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 COMMISSION DE SERVICES REGIONAUX DE FUNDY Reference: Annual Report and Financial Statements for the Year Ended 31 December, 2013 Dear Mayor and Council: Pursuant to the requirements of Section 29(l) of the Regional Service Delivery Act, I am pleased to submit to you the Annual Report and Financial Statements of the Fundy Regional Service Commission for the year ended 31 December, 2013. The Fundy Regional Service Commission reviewed and adopted the Financial Statements at the April S, 2014 meeting. If you should have any further questions, please do not hesitate to contact me. 0 Director _Auditor's Report and Financial Statements of the Fundy Regional Service Commission for the Year Ended 31 December, 2013 Place 400 1 400, rue Main Street f Suite / Bureau 1 020 Saint John i NB Canada I E2K 41\15 I www.frsc.ca --t� FRSC CSRF RJN1YY REGIONAL COMMISSION DE SERVICES SERVICE COMMISSION RtGIONALrX DE FUNDY 214 Annual Report A2= 0 1 1m 3 :A oil Contents Char's Mc-Sw 3 ExecurivE! Dirntar's Massap 4 Finvin-grice 5 Reigiflm3l Pri-ifile 6 Vmvsiarid Mavdaw 7 Commitimly FuMFrzg 7 Planniq & hilding In Lion 8 Fundy Regman alid Wasw 9 Finomals U Nildyftji Dnal Semce Commimion Chair's Message I am pleased to present the first annual report of the Fundy Regional Service Commission. One of the first motions of this new board was to change the name of Regional Service Commission 9 to one that represented our region, the Fundy Regional Service Commission. The legislated Commission was put in place by the Government of New Brunswick to ensure that all stakeholders have input on mandated services such as solid waste, planning and building inspection. Other regional issues such as regional policing, Emergency Measures Organization and recreational facilities for the region have further opportunity for dialogue. There is intrinsic value in having stakeholders from each community involved in discussions to move our region forward. All partners in our region, the City of Saint John, towns of Grand Bay - Westfield, Quispamsis, Rothesay and the Village of St. Martins, along with the rural parishes of Petersville, Greenwich, Westfield, Musquash, Simonds, Rothesay, Fairfield, St. Martins and Kingston now have the opportunity to form a vision for our region. The financial stability of our Commission is one of the priorities of our board and we are striving to find savings and ensure each community gets a real rate of return for the service provided. Members of the Commission have shown strong commitment at the table and there is healthy debate on the best way we can serve our region. Our communities can work together towards a successful partnership to provide the service needs for all residents. These opportunities to work collaboratively have the potential to realize savings while delivering effective and efficient programs. The Commission will continue to look forward for what is best for our region. Together, we can make decisions that will help strengthen our region both from a growth and financial perspective. Grace Losier Chair 216 Executive Director's Message The first year of operation for the Fundy Regional Service Commission has been a learning experience for all of us. The overall advantage of this new structure is having all stakeholders at the table to discuss relevant issues affecting our region. For the first time, rural representation has been brought to the table alongside municipalities. The Local Service District (LSD) representatives provide a new and significant perspective on issues facing our region. The handling and disposing of solid waste is an important and expensive undertaking by our region. Fundy Region Solid Waste opened Crane Mountain Landfill in 1997. The recycling and composting programs for the region have been in place for fifteen years. A committee of representatives from the municipalities and local service districts is reviewing these programs. The results and recommendations will be coming forward in 2014. This process may impact the tipping fees which have not changed since they were decreased in 2006. There is certainly upward pressure on these tipping fees and we all understand the impact tipping fees have on each community in our region. Planning and building inspection services have also changed underthe new Commission. In our region, all municipalities with the exception of the Village of St. Martins have their own planning and building inspection services. In the past, people living in the Local Service Districts received these services from either the Sussex area or out of Fredericton. Now, with the Fundy Regional Service Commission in place, folks in LSDs and the Village of St. Martins can come to our Saint John office and receive the appropriate permit required to build a house, do some renovations, or set up a new subdivision in their community. The staff and board of our region are working diligently to ensure we find savings and efficiencies in all the services we provide to the Fundy Regional Service Commission and it will continue to be our focus in 2014. Jack Keir Executive Director 217 Fundy Regional Semi -e Corumission Vision To work in collaboration and cooperation with communities, ensuring that Municipalities and Local Service Districts are better positioned to meet the service needs of residents and to benefit from collective efforts to build and sustain stronger regions. Mandate The Fundy Regional Service Commission is dedicated to collaboratively working toward efficient and effective service delivery for its citizens, businesses, and community partners with a focus on measurable results and accountability. We strive to be open to positive change as we provide solid waste management, planning, building inspection services as well as collaboration on policing, Emergency Measures Organization, recreation, culture and any other service that adds value to our region. Community Funding Grand Bay - Westfield $335,333,850 5,117 Quispamsis $1,514,101,400 17,886 Rothesay $1,166,905,450 11,947 SafntJohn $6,414,814,937 70,063 St Martins $20,673,950 314 Greenwich $54,665,150 1,047 Westfield $122,107,550 2,108 Petersville $28,239,550 497 Musquash $450,337,303 1,200 Kingston $207,430,650 2,952 Rothesay $19,001,150 347 Saint Martins $61,069,600 1,145 Simonds $178,132,700 3,544 Fairfield $13,433,100 ?84 $2,630 $10,326 $7,413 $42,054 $5,200 $13,864 $30,790 $7.124 $111,605 $52,118 $4,797 $15,426 $45,056 $3.403 Fundy Region Solid Waste $226,779 220 2013 Annual Report 7 Planning & Building Inspection Planning Services from Fundy Regional Service Commission are available to all municipalities and Local Service Districts within FRSC boundaries. Currently, services are provided to the Village of St Martins, and the nine parishes of Petersville, Greenwich, Westfield, Musquash, Simonds, Rothesay, Fairfield, Saint Martins and Kingston. Planning and Building Inspection Services utilizes a number of different planning documents and regulations around the region. The Village of St. Martins has a rural plan, building bylaw, and subdivision bylaw. The Parish of Saint Martins is covered under a basic planning statement. The parishes of Simonds, Rothesay, and Musquash are subject to their own specific rural planning area document. All nine parishes are subject to various provincial regulations created under the Community Planning Act, the most common being the Provincial Subdivision Regulation and Provincial Building Regulations. Building Permit Breakdown by Area or Village Fairfield No permits were issued. 7 Greenwich 7 4 VW 7 Kingston 5 12 11 1 Musquash 5 5 2 3 Petersville 1 1 $400 Rothesay 2 Westfield Saint Martins 7 10 6 Simonds 12 7 3 Village of St. Martins 3 1 Westfield 6 12 7 Planning Review Adjustment Committee IIIIIrI�T►�. iN,ie�lPii�i��� 7 r'� i DwightAllaby - Chair Kingston $400 $145.96 Joan Seeley - Vice Chair Simonds $400 $203.16 Glen Baxter - Member Kingston $400 $12874 Robert Buck - Member Westfield $400 $65.60 Paul Gordon - Member Greenwich $ - $123.00 Mery Hebb - Member Village of St Martins $400 $242.72 Walter Pollock - Member Fairfield $200 $105.78 Brenda Rathburn - Member Westfield $300 $40.06 Per diem rate - $100 per meeting 221 Ka '1$ 29 15 2 2 23 22 6 25 Planning and Development Report 2013 Finalized subdivision plans 31 Tentative subdivision plans 6 Amendments to existing lot division lines 14 Total number of lots created 42 Approvals to deeds, documents & instruments 30 0 Fundv Regional Service Commissic *4f ate' • .E �. .!,f,, v ', °+� o Household Hazardous Waste Hazardous Waste Facility Open Year Round Computer systems recycled Computer systems recycled 1,190 systems Paint 19,050 litres Hazardous material 16,680 litres Batteries 4,727 kg Public Education Fall Roundup Events Vehicles dropping off HHW '068 Computer systems recycled 411 systems Paint 7,800 litres Hazardous material 9,019 litres Batteries 744 kg Compact fluorescent bulbs & fluorescent tubes 403 FFISW in partnership with Irving Oil Puppet shows - grade 2 spring computer collection 155 systems 7r11,:i Annual Rpnnrt 11 Annual calendar 57,000 copies mailed to households School programs in Interpretive Centre 76 classes 1,767' Public Events. Home show, workplace wellness fairs and communi4 events 4 2,000 Puppet shows - grade 2 29 presentations 915 Summer camp program 18 presentations Summer festivals and farmer's markets 8 summer events 965 E -News 4 Issues in French & Engllsti 1,955 readers Website 67,527 page views 21,146 users 7r11,:i Annual Rpnnrt 11 Financial Statements DccPmber 31, 2013 Contents 9rr�t��t�rrl �u�'1.ets' #fin Statement OI Fdnncaal PosilioTi staaument of aratirrs rxppfts9 ne or' 13 14 is 15- lR 12 Fumy RuGiunaI SE?rvlu Corr.miss[op Independent Auditors" Report To the Members of the Fundy Regional Service Commission We have audited the statement of financial position of the Fundy Regional Service Commission as at December 31, 2013, and the statements of operations, changes in net debt and cash flows forthe year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility forthe Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not forthe purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 2013, and the results of its operations and changes in net debt for the year then ended in accordance with Canadian public sector accounting standards. Teed Saunders Doyle & Co. Chartered Accountants Saint John, NB April B, 2014 226 2013 Annual Report Statement of Financial Position As at December 31, 2013 Financial Assets Cash (Notes 2 and 31 Accounts receivable (Notes 2 and 3) HST receivable Investments (Notes 2 and 3) Investments restricted for future closure and post closure costs (Notes2, 3 ended Liabilities Accounts payable and accrued liabilities (Notes 2 and 31 Security deposits Longterm debt (Notes 2, 3, 4 and 5) Future closure and post closure liability (Notes 2,3 and 61 Net Debt Non financial assets Tangible capital assets (Notes2 and a) Accumulated amortization Deferred financing charges {Note 2) Accumulated Surplus Commitments {Note 7] To view the full financial statements with auditor's notes go to www.frsc.ca 227 2013 $ 877,505 623,830 160,296 745,066 9 nnQ Raj $ 3,416,544 $ 515,673 99,776 2,649,000 942,267 4,206,716 —_ (790.172) 57,089,632 (37,379,720) 19,709,912 25,370 iflfLC 1W1.,U] $ 18,945,110 Fumy Regional Service Commission Statement of Operations For the year ended December 31, 2013 Revenue (Note 2) Landfill fees Member charges Recycling commodity sales Electrical generation Investment income Gain on disposal of tangible capital assets Other Expenditure (Notes 2 and 121 Landfill Corporate services Local planning services Collaborative and regional planning services Electrical generation 2013 2013 2013 Under (Over) Budget Actual $ 321,749 $ 7,658,574 $ 7,336,825 - 351,805 351,805 106,805 250,000 143,195 39,116 180,000 140,884 (52,919) - 52,919 (4,602) 4,602 (8,764) 40,000 48,764 401,385 8,480,379 8,078,994 88,181 6,901,055 6,812,874 48,610 301,200 252,590 63,989 326,535 262,546 10,000 10,000 67,802 517,975 450,173 278,582 8,056,765 7,778,183 Annual Surplus Before Unrealized Gains On Investments 122,803 423,614 300,811 Unrealized Gains on Investments Annual Surplus for the Year (Note 9) Accumulated Surplus - Beginning of Year (Note 11 Accumulated Surplus - End of Year (67,783) - $ 55,020 $ 423,61 To view the full financial statements with auditor's notes go to www.frsc.ca 228 2013 Annual Report 67,783 3613,594 18,576,516 $ 18, 945,110 Expense Report December 31, 2013 Operations Daily cover 2013 2013 2013 Site labour Under (Over) Budget Actual Landfill (19,845) 349,964 369,809 Administration (14,944) 15,860 30,804 Office and administration $ 48,678 $ 108,290 $ 59,612 Professional services 15,073 119,000 103,927 Personnel 16,721 275,810 259,089 Insurance 21,737 155,150 133,413 Property taxes 11,804 253,015 241,211 Amortization 24,870 24,870 Host Community Enhancement Fund 114,013 936,135 822,122 Operations Daily cover 49,008 160,000 110,992 Site labour (10,405) 671,789 682,194 Site non labour operation (19,845) 349,964 369,809 Site maintenance (14,944) 15,860 30,804 Scalehouse 1,226 163,331 162,105 Leachate management (34,891) 458,983 493,874 Special waste handling 4,287 7,700 3,413 Environmental health and safety 4,102 134,588 130,486 Household hazardous waste 5,009 35,875 30,866 Support to CMfI monitoring and education 23,356 23,356 Host Community Enhancement Fund - 85,049 85,049 Provision for future closure and post closure costs 7,443 101,401 93,958 Interest on interim financing and long term debentures - 69,601 69,601 Amortization - 1,227,011 1,227,011 {9,010) 3,504,508 3,513,518 To view the full financial statements with auditor's notes go to www.frsc.ca 229 Fundy Regional Service Commis3ion Expense Report Continued December 31, 2013 Waste Diversion - Recycling Program Drop off depot system Amortization Waste Diversion - Composting Program Processing Interest on interim financing and long term debentures Amortization Public Education Personnel Advertising, tours and promotional material Administration Material Recycling Facility Labour Fuels, lubes and maintenance Building maintenance Processing Miscellaneous Electricity Amortization 2013 2013 2013 Under (Over) Budget Actual (80,212) 661,715 741,927 86,866 86,866 (80,212) 748,581 828,793 (36,487) 469,001 505,488 63,686 63,686 345,911 345,911 {36,487) 878,598 915,085 7,713 128,595 120,882 102,411 225,300 122,889 4,380 18,500 14,120 114,504 372,395 257,891 (36,400) 292,161 328,561 4,965 41,050 36,085 (6,286) 6,286 16,942 67,500 50,558 5,106 11,000 5,894 1,046 17,500 16,454 31,627 31,627 (14,627) 460,838 475,465 $ 88,181 $$ 6,901,055 $ 6,812,874 To view the full financial statements with auditor's notes go to www.frsc.ca 230 Expense Report Continued December 31, 2013 Corporate Services Administration Governance Local Planning Services Administration Planning services Inspection services Collaborative And Regional Planning Services Regional planning Regional policing collaboration Regional emergency measures planning Regional sport, recreation and culture infrastructure planning and cost sharing Electrical Generation Labour Administration Equipment repairs and fuel Electricity Amortization 2013 2013 2013 Under (Over) Budget Actual $ 47,709 $ 236,755 $ 189,046 901 64,445 63,544 $ 48,610 $ 301,200 $ 252.590 $ 23,671 $ 89,060 $ 65,389 26,187 106,960 80,773 14,131 130,515 116,384 $ 63,989 $ 326,535 $ 262.546 $ 2,500 $ 2,500 $ 2,500 2,500 - 2,500 2,500 2,500 2,500 $ 10,000 $ 10,000 $ $ 9,111 $ 115,308 $ 106,197 5,248 25,100 19,852 50,443 105,400 54,957 3.,O00 3,000 - 269,167 269,167 67 802 $ 517.975 $ 450.173 To view the full financial statements with auditor's notes go to www.frsc.ca 231 18 Fundy Regional Servica Commission FUNDY REGIONAL SERVICE COMMISSION FINANCIAL STATEMENTS DECEMBER 31, 201.3 232 TEED SAUNDERS DOYLE & Ca Chattered Acewntmu FUNDY REGIONAL SERVICE COMMISSION DECEMBER 31, 2013 INDEPENDENT AUDITORS' REPORT FINANCIAL STATEMENTS Statement of Financial Position Statement of Operations Statement of Changes in Net Debt Statement of Cash Flows Notes to Financial Statements CONTENTS 233 Page 4 6 -21 TEED SAUNDERS DOYLE & CQ. ch.rtma AceountaMe 39 Canterbury Street P.O. Box 6668 Saint John New Brunswick E2L 4S1 Tel (506) 636 -9220 Fax (506) 634 -8208 E -mail tsdsj@tsdca.com 'PEED SAUN DERS DOYLE & CO. Chartered Accountants Independent member of DFK International INDEPENDENT AUDITORS' REPORT To the Members of the Fundy Regional Service Commission We have audited the statement of financial position of the Fundy Regional Service Commission as at December 31, 2013, and the statements of operations, changes in net debt and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 2013, and the results of its operations and changes in net debt for the year then ended in accordance with Canadian public sector accounting standards. CHARTERED ACCOUNTANTS Saint John, NB April 8, 2014 Saint John Partners Fredericton Partners Andrew R Logan Peter L. Logan 1 Brian J. Saunders Jeffrey E. Saunders Jean -Marc Poirier �+54o p John H. Landry Kenneth H. Kyle J T.J. Smith FUNDY REGIONAL SERVICE COMMISSION STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2013 19,735,282 ACCUMULATED SURPLUS COMMITMENTS (Note 7) APPROVED BY: 'Commission Member mission Member TEED SAUNDERS DOYLE & CQ 235 Chartered Acmunrnb 2013 FINANCIAL ASSETS Cash (Notes 2 and 3) $ 877 S05 Accounts receivable (Notes 2 and 3) 623,830 HST receivable 160,296 Investments (Notes 2 and 3) 745,066 Investments restricted for future closure and post - closure costs (Notes 2, 3 and 6) 1,009,847 $_3,416.544 LIABILITIES Accounts payable and accrued liabilities (Notes 2 and 3) $ 515,673 Security deposits 99,776 Long term debt (Notes 2, 3, 4 and 5) 2,649,000 Future closure and post- closure liability (Notes 2, 3 and 6) — 942,267 4-206,716 NET DEBT _ (790 -172) NON - FINANCIAL ASSETS Tangible capital assets (Notes 2 and 8) 57,089,632 Accumulated amortization (37379,720) 19,709,912 Deferred financing charges (Note 2) _ 25.370 19,735,282 ACCUMULATED SURPLUS COMMITMENTS (Note 7) APPROVED BY: 'Commission Member mission Member TEED SAUNDERS DOYLE & CQ 235 Chartered Acmunrnb FUNDY REGIONAL SERVICE COMMISSION STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 2013 REVENUE (Note 2) Landfill fees Member charges Recycling commodity sales Electrical generation Investment income Gain on disposal of tangible capital assets Other EXPENDITURE (Notes 2 and 12) Landfill Corporate services Local planning services Collaborative and regional planning services Electrical generation ANNUAL SURPLUS BEFORE UNREALIZED GAINS ON INVESTMENTS UNREALIZED GAINS ON INVESTMENTS ANNUAL SURPLUS FOR THE YEAR (Note 9) ACCUMULATED SURPLUS - BEGINNING OF YEAR (Note 1) ACCUM[TLATED SURPLUS - END OF YEAR 236 2Q13 Under (Over) $ 321,749 106,805 39,116 (52,919) (4,602) (8,764) 401,385 88,181 48,610 63,989 10,000 2013 Budget $ 7,658,574 351,805 250,000 180,000 1 411 6,901,055 301,200 326,535 1.0,000 517,975 U56,765 122,803 423,614 (67,783) 2013 Actual $ 7,336,825 351,805 143,195 140,884 52,919 4,602 48,764 8,08,294 6,812,874 252,590 262,546 450.173 7,778,183 300,811 67,783 368,594 18,576,516 $ 18,945.110 TEED SAUNDERS DOYLE & Ca ce.terea Acemniau FUNDY REGIONAL SERVICE COMMISSION STATEMENT OF CI3ANGES LET NET DEBT AS AT DECEMBER 31, 2013 Annual surplus Acquisition of tangible capital assets Proceeds on disposal of tangible capital assets Amortization of tangible capital assets Gain on disposal of tangible capital assets Use of deferred financing Use of prepaid expenses Decrease in net debt Net debt, beginning of year Net debt, end of year APPROVED BY: Commission Member _ _ . Commission Member 237 2013 368,594 (151,532) 33,766 1,985,452 (4,602) Z,231,678 11,961 --12fi,23Q 138,191 2,369,869 $ 790,172 TEED SAUNDERS DOYLE & CQ Charwmd Accourftna FUNDY REGIONAL SERVICE COMMISSION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2013 2013 INCREASE (DECREASE) IN CASH OPERATING TRANSACTIONS Annual surplus $ 368,594 Gain on disposal of tangible capital assets (4,602) Unrealized gains on investments (67,783) Amortization of tangible capital assets 1,985,452 Accounts receivable (171,141) HST receivable (41,769) Accounts payable and accrued liabilities (261,641) Security deposits 6,304 Future closure and post - closure liability 93,958 Change in deferred financing charges /prepaid expenses 138,191 2,Q45,5563 CAPITAL TRANSACTIONS Acquisition of tangible capital assets (151,532) Proceeds on disposal of tangible capital assets 33,766 (117,766) FINANCING TRANSACTION Long term debt repayment UAABi000) INVESTING TRANSACTIONS Purchase net of proceeds of investments (1,989) Proceeds net of purchases of investments restricted for future closure and post - closure costs 479,637 477.648 NET INCREASE IN CASH 957,445 CASH DEFICIENCY - BEGINNING OF YEAR !79.940) CASH - END OF YEAR $ 877.505 TEED SAUNDERS DOYLE & CU 238 charmed Axemmtanto FUNDY REGIONAL SERVICE COMMISSION U111 1. 31442 t_4xW Q I Me) DECEMBER 31, 2013 1. COMMISSION MANDATE AND COMMENCEMENT OF OPERATIONS The Fundy Regional Service Commission (the "Commission ") began operations on January 1, 2013. The Commission, established under the Regional Service Delivery Act, is governed by a board comprised of representatives from surrounding Municipalities and Local Service Districts. The Commission's mandate is as follows: • To develop regional planning strategies that foster sustainable development practices, encourage a coordinated development between communities that influence and guide the placement of important infrastructure, while serving as a tool for better protection, management and harmonization of urban and rural landscapes and resources; To provide land use planning services to all Local Service Districts and any Municipality that does not currently have the service; • To provide solid waste disposal services to Municipalities and Local Service Districts; + To provide a forum through which regional policing services can be reviewed and evaluated in order to make services more cost effective and efficient. In addition, the Commission will identify issues and common concerns within their region and provide direction on priorities for policing services; • The Commission will be a source for communities to plan, coordinate and pool resources on a regional basis to enable a more effective response to emergencies; and • The Commission will be an entity through which Municipalities and Local Service Districts come together and identify the needs, scope and financing of recreational facilities, as well as providing services in the way of development of agreements and assist with securing provincial funding on a fully regional or on a sub - regional basis. The Commission assumed operations of the Fundy Region Solid Waste Commission and took ownership of its assets and liabilities after it was dissolved on December 31, 2012. The Provincial Government has issued to the Commission a Certificate of Approval to operate the landfill through to December 31, 2015. X39 TEED SAUNDERS DOYLE & COt CharhmW Acwontmts FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Commission are the representations of management, prepared in accordance with Canadian generally accepted accounting principles for local government, as recommended by the Public Sector Accounting Board ( "PSAB ") of the Canadian Institute of Chartered Accountants. The focus of Public Sector Accounting Standards ( "PSAS ") financial statements is on the financial position of the Commission and the changes thereto. The statement of financial position includes all of the assets and liabilities of the Commission. Significant aspects of the accounting policies adopted by the Commission are as follows: Buffet The budget figures contained in these financial statements were approved by the interim commission on November 20, 2012. Financial Instruments Financial instruments are recorded at fair value when acquired or issued. In subsequent periods, equity instruments with actively traded markets are reported at fair value, with any unrealized gains or losses reported in annual surplus. All other financial instruments are reported at amortized costs, and tested for impairment at each reporting date. Transaction costs on the acquisition, sale, or issue of financial instruments are expensed when incurred. Investments are managed in accordance with the New Brunswick Trustees Act. Cash and Cash Equivalents Cash and cash equivalents consist of cash on hand, balances with banks and GIC's having maturity dates of 90 days or less from the date of acquisition. Deferred Financing Charges Financing charges related to the issuance of long term debentures are deferred and amortized over the terms of the related debentures. Revenue Recognition Tipping fees are recorded when waste is delivered to the landfill facility and when collection is reasonably assured. Recycling commodity sales are recognized upon the delivery of the recyclables to the customers and when collectability of proceeds is reasonably assured. Investment and other income are recorded on an accrual basis and when collection is reasonably assured. Expenditure Recognition tion Expenditures are recorded on an accrual basis. Employee Future Benefits The Commission does not have any employee future benefits. 240 TEED SAUNDERS DOYLE & CQ ChrrwW Acemaunti 2. FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31., 2013 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd) Measurement Uncertainty The preparation of the financial statements in conformity with Canadian public sector accounting standards requires management to make estimates that affect the reported amount of assets and liabilities and disclosure of contingent assets and Iiabilities at the date of the financial statements and the reported amount of revenues and expenditures during the reporting period. These estimates are reviewed periodically, and as adjustments become necessary, they are reported in earnings in the period in which they become known. Actual results may differ from these estimates. Examples of significant estimates include: - the allowance for doubtful accounts; - providing for amortization of tangible capital assets; - the estimated useful lives of tangible capital assets; - the recoverability of tangible capital assets; - the recoverability of investments; and certain economic assumptions used in determining the provision for future closure and post - closure costs and the future closure and post - closure liability. Tangible Capital Assets Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost of the tangible capital asset, less any residual value when applicable, is amortised on a straight -line basis over the estimated useful lives as follows: Asset 11pe Landfill site and roadways Buildings - compost and material recycling facility Buildings - other Furniture and fixtures Heavy equipment Light equipment and vehicles Containment cells Estimated useful life Over the life of the landfill 20 years Over the life of the landfill 10 years 5 -20 years 5 -10 years 5 years The Commission regularly reviews its capital assets to eliminate obsolete items Assets under construction are not amortized until the asset is available for productive use. Future Closure and Post Closure Liabili The Commission accrues landfill closure and post - closure care requirements that include final covering and landscaping of the landfill, pumping of ground water and Ieachate from the site, and ongoing environmental monitoring, site inspection and maintenance. The reported liability is based on estimates and assumptions Using the best information available to management as documented in Note 6. Future events may result in significant changes to the estimated total expenses, capacity used or total capacity and the estimated liability, and would be recognized prospectively, as a change in estimate when applicable. �41 TEED SAUNDERS DOYLE & CQ ch.rte ed Acconnhnte FUND'S REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 3. FINANCIAL INSTRUMENTS The Commission is exposed to various risks through its financial instruments and has a comprehensive risk management framework to monitor, evaluate and manage these risks. The following analysis provides information about the Commission's risk exposure and concentration as of December 31, 2013. Credit Risk Credit risk arises from the potential that a counter party will fail to perform its obligations. The Commission is exposed to credit risk from customers. In order to reduce its credit risk, the Commission reviews a new customer's credit history before extending credit and conducts regular reviews of its existing customers' credit performance. The Commission manages its exposure to credit risk by requiring its customers to supply a security deposit or a letter of credit. The Commission has a significant number of customers which minimizes concentration of credit risk. Liquidity Risk Liquidity risk is the risk that an entity will encounter difficulty in meeting obligations associated with financial liabilities. The Commission is exposed to this risk mainly in respect of its receipt of funds from its customers and other related sources, long term debt, accounts payable and accrued liabilities and other obligations. Currency Risk Currency risk is the risk to the Commission's earnings that arise from fluctuations of foreign exchange rates and the degree .of volatility of these rates. The Commission is not exposed to foreign currency risk as it does not hold foreign. currencies. Interest Rate Risk Interest rate risk is the risk that the value of a financial instrument might be adversely affected by a change in the interest rates. In seeking to minimize the risks from interest rate fluctuations, the Commission manages exposure through its normal operating and financing activities. The Commission is not exposed to interest rate risk as its long term debt does not have a variable interest rate. 242 'PEED SAUNDERS DOYLE & CQ Chuwmd Accmments FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 4. LONG TERM DEBT N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 1 %- 3.35 %, maturing November 6, 2014. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 1.5 % -3.5 %, maturing June 2, 2015. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 1.65 % -2.45% maturing June 4, 2017. N.R. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 2.75 % -5.5 %, maturing July 8, 2014 at which time a final payment of $643,000 is due. 2013 $ 258,000 220,000 1,528,000 $ 2.649.000 The N.B. Municipal Finance Corporation has indicated that those debentures with balloon payments in their final year may be refinanced over a further 5 year term. Aggregate principal payments required over the next five years excluding balloon payments are as follows: 2014 $ 859,000 2015 581,000 2016 484,000 2017 498,000 2018 110,000 S. BORROWING AUTHORITY Operating Borrowing Section 6 of Regulation 96 -11 of the Clean Environment Act states that borrowing for operations cannot exceed 25% of the Commission's operating budget. At December 31, 2013, there were no borrowings for operations. Capital Borrowing At December 31, 2013, there were no borrowings for capital. Inter -fund Borrowing The Municipal Financial Reporting Manual requires that short term inter -fund borrowings be repaid in the next year unless the borrowing is for a capital project. The amounts payable between Funds are in compliance with the requirements. 143 TEED SAUNDERS DOYLE & M chi A=mn9Bnb FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 201.3 6. FUTURE CLOSURE AND POST - CLOSURE LIABILITY The Commission is responsible for the continued monitoring and treatment of the landfill site following its closure. The accrued liability for post - closure costs have been determined based on estimated post - closure costs of $270,000 per year, in future dollars, for a period of 30 years commencing in 2049. Post - closure costs are discounted at a rate of 4.84% (7.34% nominal rate less 2.5% assumed inflation) for a current estimate of $15,241,383 required by the end of 2048 to fund post closure expenses. The landfill has a capacity estimated at 3,461,674 metric tonnes. At December 31, 2013, the landfill has 2,339,458 metric tonnes remaining. At December 31, 2013, the estimated post closure liability is $942,267 of which the Commission has funded with cash, bonds and equities with a cost of $942,268 and a fair market value of $1,006,212. lmrestment details are as follows: Cash Canadian equities Corporate and government bonds ZW Amortized Fair Cost Value $ (32,538) $ (32,538) 214,898 282,477 759.9Q$ 756,273 $ 942_,268 $ Fair values have been determined based on quoted market rates supplied by CI3C Wood Gundy. The bonds held by the Commission consist of a mix of corporate and government bonds with coupon rates ranging from 1.405% to 8.000% with maturity dates ranging from 2014 to 2043. The bonds pay interest on a bi- annual basis and, regardless of interest rate fluctuations in the interim, the rate of interest is guaranteed as Iong as the bonds are held to maturity. The maximum exposure to credit risk would be the fair value as indicated above. 1244 TEED SAUNDERS DOYLE & M Ckeru ed AccountuRs FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 7. COMMTMENTS Crane Mountain Enhancement Inc. The Commission has committed to provide $20,000 annually (adjusted for inflation) to Crane Mountain Enhancement Inc. ( "CMEI ") to fund operating expenditures for such time that the facilities are operated at the site. The annual payment is reduced accordingly if the cash or near cash assets of CMEI exceed $60,000. Host Community Enhancement Fund In order to meet Provincial Government requirements, the Commission allocates a dedicated portion of the tipping fee to the Host Community Enhancement Fund for special projects designed to enhance the landfill and its surrounding communities. Since 2000, and as long as solid waste is received at the landfill site, the Commission has committed to provide $75,000 per year (adjusted for inflation) to this Fund (Note 13). The Fund is administered by Crane Mountain Enhancement Inc. (formerly known as the Fundy Future Environment and Benefits Council) and the Commission. Lease The Commission entered into a lease for office premises in Place 400, Saint John, NB for a term of 3 years, expiring on December 31, 2015. The future minimum annual lease payments over the two next years for the office premises are as follows: 2014 $11,180 2015 11,758 1245 TEED SAUNDERS DOYLE & CQ Cba tend Accountants FUNDY REGIONAL SERVICE COMMISSION 8. SCHEDULE OF TANGIBLE CAPITAL ASSETS COST Balance - beginning of year Add: Net additions during the year Less: Disposals during the year Balance - end of year ACCUMULATED AMORTIZATION Balance - beginning of year Add: Amortization during the year Less: Accumulated amortization on disposals Balance - end of year NET BOOK VALUE OF TANGIBLE CAPITAL ASSETS NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 SAUNDERS DOYLE & CQ 2U Chwured Accmnt=U Landfill Furniture Light Site and and Heavy Equipment/ Containment 2013 Land Roadways Buildings Fixtures Equipment Vehicles Cells Total $1,173,460 $17,210,001 $4,827,677 $ 44,377 $9,114,621 $I,179,972 $23,489,862 $57,039,970 - - 90,756 60,776 - 151,532 - (58,327) X43,543) - X101,870) 1, 173,460 17 2.10,001 4- 827,677 44.377 9.147,050 1. 197,205 23,489,862 57,089632 - 5,646,315 I,964,208 44,377 4,702,525 916,238 22,193,311 35,466,974 - 315,040 135,770 - 757,901 83,899 692,842 1,985,452 - - 5.961, 355 2. 099,978 - 44,377 (29,163) 5.431,263 X43,543) 956,594 -. 22,886.153 X72,706) 3-7,379,720 $1,173.460 $11,248,646 $2,727,699 $ - $3,715,787 $ 240,611 $; 603,709 $19.709 912 SAUNDERS DOYLE & CQ 2U Chwured Accmnt=U FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1013 9. RECONCILIATION OF ANNUAL SURPLUS Landfill Electrical Local Collaborative & Corporate Operating Generation Planning Regional Planning Services Capital Capital Fund Fund Serv:cns Fund Services Fund Fund Fund Reserve Fund Total 2013 annual surplus (deficit) $ 2 540,741 $, (40-122) $� ! 9,{j1$ $ - __ 70,240 $ 252,590) $ (2.014,616) $ 45,92q $-3A8, 94 Adjustments to annual surplus (deficit) for funding requirements Second previous year's surplus 207,974 44,496 252,470 Transfers between funds Transfer elimination (808,187) - - 808,187 - Transfer elimination - 27,458 (27,458) Transfer elimination (124,074) - - 124,074 - Transfer elimination (190,181) - (11,891) (50,518) 252,590 - Transfer elimination (40,122) 40,122 - Long term debt principal repayment (1,448,000) - 1,448,000 Accumulated amortization on disposal of tangible capital assets (72,706) (72,706) Amortization expense 1,985,453 1,985,453 Unrealized gains on investments (39,564) - - (28,219) (67,783) Total adjustments to 2013 annual surplus (deficit) 42A42.I54) 40,122 320 18) 252,590 3,512,279 752,510 2_,097,434 Annual surplus for funding requirements $ 8 587 $ $ 51,623_ $ I9.722 $ $ 1,497,663 $ 798.433 $ 2,466,028 TEED SAUNDERS DOYLE & CO 24714. Chuftnd wccmmuab FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 10. STATEMENT OF RESERVES 2013 ASSETS Cash $ 247,482 Investments 709,659 Due from Operating Fund 897,724 $ 1,854,865 ACCUMULATED SURPLUS $ 1.854.864 REVENUE Transfers from Operating Fund $ 808,187 Investment income 17,704 Canadian Equities 150,374 $ 709.659 MR TEED SAUNDERS DOYLE & COL chmr,va Acemmtmis 825,891 EXPENDITURES Transfers to Capital Fund 27,458 ANNUAL SURPLUS $ 798,433 Name of Investment Amount Money Market Fund $ 163,998 Manulife Savings Account 31,081 Bond Portfolio 364,206 Canadian Equities 150,374 $ 709.659 MR TEED SAUNDERS DOYLE & COL chmr,va Acemmtmis FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 10. STATEMENT OF RESERVES (cont'd) Resolutions regarding transfers to and from reserves: Moved by Director Norton, seconded by Director Seeley that $8,360 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Moved by Director Norton, seconded by Director Seeley that $19,398 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Moved by Director Bishop, seconded by Director Rogers that $25,000 be transferred from the Landfill Operating Fund to the Capital Reserve Fund. Moved by Director Norton, seconded by Director Rogers that $663,187 be transferred from the Landfill Operating Fund to the Capital Reserve Fund. Moved by Director Norton, seconded by Director Chatterton that $120,000 be transferred from the Landfill Operating Fund to the Capital Reserve Fund. I hereby certify that the above are true and exact copies of resolutions adopted at the regular Commission meetings on May 22, 2013 and December 11, 2013. �, I` � -`� :i r fit•' f � ^e ��%� ( �..} r-'r" �7 Executive Director, Date 1 7 FUNDY REGIONAL SERVICE COMMISSION 149 TEED SAUNDERS DOYLE & M Chartered Acewm ante FUNDY REGIONAL SERVICE COMMISSION NOTES TO FNNANCIAL STATEMENTS DECEMBER 31, 2013 11. OPERATING BUDGET TO PSA BUDGET EXPENDITURES Landfill Operating Amortization of Principal 1,716,285 (1,448,000) (1,444,970) Budget Tangible Capitni Debt Corporate services - General Assets R_ epayments Transfers Total REVENUE Local planning services 340,715 Landfill fees $ 7,658,574 $ _ $ _ $ $ 7,658,574 Member charges 351,805 - 351,805 Recycling commodity sales 250,000 - 250,000 Electrical generation 180,000 _ 180,000 Other 40,000 - - 40,000 Surplus of second previous year 257 -124 8,056,765 8,737,503 _ _ (257,124) 8,480,379 EXPENDITURES Landfill 8,077,740 1,716,285 (1,448,000) (1,444,970) 6,901,055 Corporate services - 301,200 301,200 Local planning services 340,715 _ (14,180) 326,535 Collaborative and regional pianning services 70,240 - (60,240) 10,000 Electrical generation 248,808 269,167 517,975 8,737,503 1,985,452 lL48,000) (1,218.190) 8,056,765 Surplus (deficit) $ - $ l 985 452) $_ 1,448,000 $ 961,06b $ 423 614 250 TEED SAUNDERS DOYLE & CO cha aed Accountants FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS 12. EXPENSE SUPPORT LANDFILL Administration Office and administration Professional services Personnel Insurance Property taxes Amortization DECEMBER 31, 2013 2013 2013 Under (Over) Budget $ 48,678 $ 108,290 15,073 119,000 16,721 275,810 21,737 155,150 11,804 253,015 Operations Daily cover Site labour Site non - labour operation Site maintenance Scalehouse Leachate management Special waste handling Environmental health and safety Household hazardous waste Support to CMEI monitoring and education Host Community Enhancement Fund Provision for future closure and post - closure costs Interest on interim financing and long term debentures Amortization Waste Diversion - Recycling Program Drop -off depot system Amortization Waste Diversion - Composting Program Processing Interest on interim financing and long term debentures Amortization ,.1, MIU4181 49,008 (10,405) (19,845) (14,944) 1,226 (34,891) 4,287 4,102 5,009 7,443 160,000 671,789 349,964 1.5,860 163,331 458,983 7,700 134,588 35,875 23,356 85,049 101,401 69,601 - 1,227,Q11 (9,M) 3,504,508 (80,212) 661,715 86,B66 (80,212) 748,581 (36,487) 469,001 63,686 - _ 345,911 (36,487) X98 2013 Actual $ 59,612 103,927 259,089 133,413 241,211 24,870 822,122 110,992 682,194 369,809 30,804 162,105 493,874 3,413 130,486 30,866 23,356 85,049 93,958 69,601 - 1,227,011 3,513,55188 741,927 8£.866 828,793 505,488 63,686 345,2111 915,085 TEED SAUNDERS DoYLE & Ca Chartered Aewuntanh FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 12. EXPENSE SUPPORT (cont'd) Public Education Personnel Advertising, tours and promotional material Administration Material Recycling Facility Labour Fuels, lubes and maintenance Building maintenance Processing Miscellaneous Electricity Amortization CORPORATE SERVICES Administration Governance LOCAL PLANNING SERVICES 2{}13 2013 2013 Under (Over) Budget Actual 7,713 128,595 120,882 102,411 4,380 225,300 18,500 122,889 14,120 114,534 372,335 257,891 $.==L62.546 COLLABORATIVE AND REGIONAL PLANNING SERVICES (36,400) 292,161 328,561 4,965 41,050 36,085 (6,286) - 6,286 16,942 67,500 50,558 5,106 11,000 5,894 1,046 17,500 16,454 (14,627) 460,838 _- 475,465 $ $ 6,901,055 $ 68 $ 47,709 $ 236,755 $ 189,046 901 644,445 _63,544 $ $ 301.200 $ 252,590 Administration, $ 23,671 $ 89,060 $ 65,389 PIanning services 26,187 106,960 80,773 Inspection services 14,131 _ 130,535 116,384 $ 63.989 $ $.==L62.546 COLLABORATIVE AND REGIONAL PLANNING SERVICES Regional planning $ 2,500 $ 2,500 $ Regional policing collaboration 2,500 2,500 - Regional emergency measures planning 2,500 2,500 - Regional sport, recreation and culture infrastructure planning and cost sharing _ 2,500 2,500 _ $ 10.000 $ -- 10,000 $ 1252 TEED SAUNDERS DOYLE & CQ ChwserW Awwnma4 FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 12. EXPENSE SUPPORT (cont'd) Amortization - _ 269,1167 269,167 $ $ 5T $_ 450.173 TEED SAUNDERS DOYLE & COL 2253 Chotered Acu 2013 2013 2013 Under (Over) Budget Actual ELECTRICAL GENERATION Labour $ 9,111 $ 115,308 $ 106,197 Administration 5,248 25,100 19,852 Equipment repairs and fuel 50,443 105,400 54,957 Electricity 3,000 3,000 - Amortization - _ 269,1167 269,167 $ $ 5T $_ 450.173 TEED SAUNDERS DOYLE & COL 2253 Chotered Acu FUNDY REGIONAL SERVICE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 13, HOST COMMUNITY ENHANCEMENT FUND EXPENSES Grand Bay - Westfield Volunteer Firefighters Furniture 2,694 Friends of Blueberry Hill Partial funding of overall project 19,651 RV Middle School Environmental projects 579 Health and fitness equipment 566 Westfield Scouts Pay It Forward 952 $85.049 TEED SAUNDERS DOYLE & CO 254 c Acemotmts 2013 Recipient Project description Inglewood School Ipads with stylus $ 3,472 Environmental projects 549 KBM Community Centre Tables 5,454 Martinon Community Centre Paving for parking lot/recreation area 11,894 RV Community Centre Lighting 7,587 RV Volunteer Hunter Education Sponsor young hunters 800 Grand Bay - Westfield Skateboard Park Partial funding of equipment 10,343 Grand Bay Primary School Ipads with stylus 3,472 Environmental projects 554 Grand Bay - Westfield Scouts Trailer and lighting for storage shed 507 Westfield Elementary Grow labs 1,375 Environmental projects 549 River Road Community Alliance Walk and Talk 300 Advertising 155 RV Food Bank Freezer and delivery 745 RV Girls Softball Equipment for teams 1,611 Morna Heights Home and School Tablets and Razz Kids subscription 2,554 Environmental projects 585 Ketepec Scouts Equipment 992 Ketepec Beavers Equipment 955 Martinon Community Centre Tables and chairs 1,234 RV Soccer Goal nets 4,137 Equipment 783 Grand Bay - Westfield Volunteer Firefighters Furniture 2,694 Friends of Blueberry Hill Partial funding of overall project 19,651 RV Middle School Environmental projects 579 Health and fitness equipment 566 Westfield Scouts Pay It Forward 952 $85.049 TEED SAUNDERS DOYLE & CO 254 c Acemotmts U :<[- SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Sox 1971 Saint John, New Brunswick Canada E2L 4Ll Bureau des Commissaires du Service de Police de Saint John C. P, 1979 Saint John Nouveau - Brunswick Canada E2L 4L 9 JONATHAN FRANKLIN Chair / Pr6sident KAREN KEILLER Vice ChairNice Pr- 6sident CHRISTOPHER WALDSCHUTZ Secretary/Secretaire MAYOR MEL NORTON Commissioner /Commissaire TIMOTHY CHRISTIE Commission er /Commissaire GREG NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secr6taire Administrative Telephone/Telephone: (506) 648 -3324 Fax/TElecopieur: (506) 648 -3304 E- mail /Cournel: policecommission(o)sain.t ohn. ca r� SAINT JOHN Explore our past/ Expforez notre passd Discover your future/ Decouvrez votre avenir June 3, 2014 PUBLIC SESSION M &C 2014 -82 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - 2013 Operating Budget - Year -End (Unaudited) Financial Results The Saint John Board of Police Commissioners, at its meeting on Tuesday, June 3, 2014 accepted and approved the Saint John Police Force 2013 Operating Budget Year -End (Unaudited) Financial Results. On behalf of the Saint John Board of Police Commissioners, I am pleased to provide a copy of this report to Common Council in accordance with Section 7(3) of the New Brunswick Police Act. Respectfully sub m`t d, Jonathan Franklin Chairman Saint John Board of Police Commissioners 'jaf Incl. 255 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION June 3, 2014 Jonathan Franklin, Chairman and Members of the Board of Police Commission Chairman Franklin and Members SUBJECT 2013 Operating Budget — Year -End (Unaudited) Financial Results BACKGROUND The purpose of this report is to provide the Board with an update on the (unaudited) financial position of the Saint John Police Force's Operating Budget for the year ended December 31, 2013. FINANCIAL POSITION /RESULTS For the period ended as at December 31, 2013, the net operating expenses for the Saint John Police Force were over budget by $861,101 or 3.9 %. There are six key areas that contributed to this budget variance. 1. Revenue exceeded the budget estimate by $757,410. 2. Salaries and Wages were over budget by $995,966. 3. Overtime costs exceeded budget by $421,432. 4. Court Time expense was over budget by $153,823. 5. Fringe Benefits were over by $673,178. 6. Good and Services were under budget by $625,887. 256 F Jonathan Franklin, Chairman and Members of the Board of Police Commission June 3, 2014 Page 3 Subject: 2013 Operating Budget — Year End (Unaudited) Financial Results CONCLUSION The 2013 budget year was difficult to manage with the impending wage settlement for the unionized police officers and working with an approved budget envelope that did not contain funding to cover any level of increase in wage costs. While being mindful of on -going contract negotiations and an outstanding wage settlement, it was the goal of the senior management team to keep all other discretionary costs under control and continue to provide a high level of police service to the community while recognizing there was a substantial reduction in police resources compared to 2012. RECOMMENDATION It is recommended that the Board accept and approve this Financial Report for the period ended as at December 31, 2013 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Attached reports and documents: Service Based Budget - Actual versus Budget — December 2013 Budget Variance Analysis — December 31, 2013 Respectfully submitted, MarveA E. Corscadden, C DIRECTOR HR & FINANCE /x' 11'afn G. Reid IEF OF POLICE 257 SAINT JOHN POLICE FORCE 2013 SERVICE BASED BUDGET ")0I MI-t; l[C.vt:l lut: I, r,vvv -� �,uuu 920,392 743,392 420.0% Other Funding Sources 650,000 650,000 664,018 14,018 2.2% Total Revenue 827,000 827 000 1,584,410 757,410 91.6% 3,588,133 4,362,634 - 774,501 - 21.6% 1,151,180 1,151,180 Salaries & Benefits 18,208,565 18,208,565 20,452,964 - 2,244,399 - 12.3% Goods & Services 4,569,277 4,569,277 3,943,389 625,888 13.7% Other* Total Expenditures 22,777,842 22,777,842 24,396,353 - 1,618,511 -7.1% General Funding Required 21,950,842 21,950 842 22,811,943 - 861,101 -3.9% FTEs 182 182 - 182 Operating Budget - Breakdown of Operational Costs, by Division I Accountability Administration Police Commission Support Services Patrol Services Criminal Investigations Buildings and Stations Detention Services Automotive Equipment Budget 2013 December 2013 % 1,918,090 Budget Actual 1,918,090 1,740,217 177,873 9.3% 111,200 111,200 145,219 - 34,019 - 30.6% 2,308,992 2,308,992 2,269,065 39,927 1.7% 12,178,8471 12,178,847 13,601,067 - 1,422,220 -11.7% 3,588,133 3,588,133 4,362,634 - 774,501 - 21.6% 1,151,180 1,151,180 977,311 173,869 15.1% 498,000 498,000 479,163 18,837 3.8% 1,023,400 1,023,400 821,677 201,723 19.7% «, r 11, k54Z zz,777,842 24,396,353 - 1,618,511 -7.11% NM SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended December 2013 259 Budget Expenses Variance Current Variance Timing Actual $ 22,777,842 $24,396,353 {$1,61$,511) ($1,518,511) Expense Category Variance Explanation of Variance Salaries & Wages ($995,966) + Salaries -Non -Union under budget by $45k. • SJPA Police Officer wages were over budget by $1,022k which includes a conservative estimate of $800k to accrue and record the expense for retro -pay that will be paid in 2014 but relates to 2013. • Crossing guards — The wage costs for school crossing guards were over budget by $25k. Overtime ($421,432) Overtime- SJPA - Patrol: Over budget by ($307k) and this amount is reduced by revenue charged to 3d parties for Extra — Duty assignments. Overtime - SJPA - Criminal Investigations: Over budget by ($97k) and this amount is reduced by revenue charged to 3rd parties for Extra —Duty assignments. Other Personnel Costs ($153,823) . Court Time: Over budget by ($154k). Fringe Benefits ($673,178) Benefits increased in 2013 for the new Long -Term Disability (LTD) plan and the Shared Risk Pension plan. There is an additional expense of $2321 accrued based on the retro -pay estimate of $800k as indicated in the above salaries and wages section. 259 Saint John Police Force — December 2013 Budget Variance Analysis Expense Category Variance General Services $160,346 Insurance $25,413 Professional Services ($84,926) Other Purchased Services ($69,702) Explanation of Variance • Telephone: Under budget by $60k and these actual savings have been realized with the move to Peel Plaza which eliminated lines for satellite offices and savings from the current contract for wireless technology and devices. • Employer Training: Under by $60k. • Employee Initiated Training : Under by $25k. + Deductible Account: Under budget by $28k and this relates to the timing of any charges back to Police via the City's insurance department for 3`d party claims and /or monies due to the SJPF for damaged police vehicles. • Legal Expense — Over budget by ($43k) and a significant amount of this variance relates to legal fees for labour negotiations. • Detention Security - This expense is over budget by ($54k) which includes a carry-over amount for 2 months from 2012. • Other Professional Services - This expense is under budget by $17k. • Admin Other Purchased Services — Over budget by ($36) which relates to professional fees for web design, review of building deficiencies for Peel Plaza, and the completion of employee health assessments. • CID Other Purchased Services — Over budget b� ($47) which relates to extensive forensic accounting and DNA services for a major investigative file. 260 21 lag Saint John Police Force — December 2013 Budget Variance Analysis Expense Category Variance Repair & Maintenance $49,913 Rentals $150,084 Purchased Goods $163,925 Government Services $3,507 Internal Services $63,409 261 Explanation of Variance • Computer Maintenance $50k- These savings result from a decrease in 2013 for computer maintenance and software licensing contracts with various vendors. • Occupancy Charge for Peel Plaza $180k — The actual operating costs for the new police headquarters was under budget. • Meals $24k — There has been a reduction in the cost of detainee meals in 2013 in the detention facility. • Apparel $66k — The variance reflects accounting entry to transfer the physical inventory of police uniforms from Rothesay Avenue (City Barns) to Peel Plaza. The expense for apparel will fluctuate each year based on when officers acquired new clothing from the inventory stores at One Peel Plaza. • Office Supplies $16k — The actual expense for office supplies was under budget. • No significant variance at the end of December 2013. • Fleet Maintenance - $88k — The maintenance costs at the end of December was under budget • Fleet Fuel - ($38k) — The fuel costs at the end of December were over budget due to the high prices. • Evergreen Computer Replacement (Lease) Program $15k — The monthly expense for computers was under budget at the end of 2013. 3 1 P Saint John Police Force — December 2013 Budget Variance Analysis se Category Variance Explanation of Variance Asset Purchases $132,823 Vehicles $927k —The budget for the acquisition of new units was under budget and this is an actual saving for 2013. • Other Assets $37k — Expenditures for other assets such as breath test equipment, radars, and other operational devices were down in 2013. 41p`ago 262 Front commun pour la justice sociale du N.-B. Inc. N. B. Common Front for Social Justice, Inc. 51, rue Williams, Moncton, NB, El 2G6 ��s 51 Williams 5t, Moncton, NB, El 2G6 Tel.: 506.855.8977; courdel : fcjsnb@nbnoLnb.ca www.fror�tnb.ca Tel.: 506.855.8977; e-mail. fc'snb bnetnb.ca May 16, 2014 Dear Mayor Norton and city councillors, Please accept this letter as our official request to present at your next city council meeting. We are a provincial not - for -profit group that would appreciate the opportunity to deliver a presentation on reducing poverty in New - Brunswick and the effects of poverty on our province. We have a PowerPoint presentation and would only require approximately 10 minutes to present. Thank you for considering this request and we hope to have the opportunity to present on this important topic that affects all communities in our province. I can be reached at (506) 855 -8977 or via email at fcjsnb(&- nbnet.nb.ca . I look forward to hearing from you. Kind regards, marital Landry Campaign Coo ' ator Common Front for Social Justice 855 -8955 263 r June 4th/2014 Saint John Mayor and Council City of Saint John Dear Council members. Ref: Your response, dated December 21, 2012, to the King Street East Property Owners was historic in that all previous requests had gone ignored like our phone calls to our ward rep. Cllr. Reardon. While denying our 8th request to address you as a delegation —you resolved, "that it be referred to the Clerk for scheduling ", my reminder with a 9th request dated June 12, 2013 is still ignored and since after 18 months have passed since your December 2012 resolution we property owners for the loth time request again to be scheduled as a delegation this time June 91h 2014. Thank you that we finally got there. ,7, 1. uc: �, �" 4 x Yours truly, 264 Y RECEIVED COMMON CLERK'S OFFICE JUN 4 2014 CITY OF SAINT JOHN June, 2014 Subject: RAILWAY SAFETY Your Worship, Councillors, and City Clerk of the City of Saint John, N.B. E Mail: commonclerk @saintjohn.ca The undersigned respectfully request to present this letter to Council at councils meeting on June 9, 2014, and we will make ourselves available to answer questions. The following is a letter of concern regarding the transport and storage of crude oil in the Saint John and surrounding area in the province of New Brunswick. Saint John, a port city of about seventy thousand is home to the largest oil refinery by capacity in Canada. Currently the city is the destination for thousands of tanker cars holding crude oil for processing. Within a four kilometre radius of the oil refinery are a short haul rail yard, a tanker car unloading facility (36 tanker car capacity holding five million litres of crude oil), and an adjacent harbour front marine loading facility for diesel and gas. Within the same four kilometre radius are residential areas and many businesses. Rail Yard Incidents in Saint John On the afternoon (exact time unspecified) of April 12, 2014 a derailment occurred at the New Brunswick Southern Railway (NBSR) Yard near Rothesay Avenue in east Saint John. NBSR is a subsidiary of J.D. Irving Limited. Three rail cars, one loaded with scrap metal, derailed while in motion at a reported speed of up to six miles per hour. One of the cars leaned in close proximity to an adjacent track where numerous oil tanker rail cars were parked. It is noted that the oil tanker car next to the derailed car was placarded in accordance with the Transportation of Dangerous Goods Act (UN 1267). It 1 265 was fortunate at time of the derailment incident there was an unoccupied track in between the tilting rail car and the oil tanker. Had there not been a track in between, could the derailed car containing scrap metal have punctured the side of the oil tanker? (1) Telegraph Journal April 13, 2014 The rail yard, where this incident occurred, is operated by a short haul railway company, NBSR. The yard consists of more than fifteen parallel tracks to accommodate the storage of numerous tanker cars including rail cars containing hazardous products (requiring placarding under the Transportation of Dangerous Goods Act) and other general freight cars. In accordance with Transport Canada MO -14 -01 NBSR is designated as a 'key route' for 'key trains' indicating this track receives in excess of 10,000 loaded tanker cars and loaded intermodal portable tanks per year. (2) http : / /www.tc.gc.ca /eng /mediaroom /ministerial- order- railway- 7491.html 2 266 It is noteworthy that on the same day, a second derailment took place within approximately two kilometres on the eastern approach to the same rail yard. A switch failure caused unspecified railway car(s) to derail. At least 25 railway ties showed damage from the impact of freight car wheels. Subsequently the components of the switch were replaced. Both incidents were in close proximity to businesses along Rothesay Avenue that runs parallel to the eastern approach to the rail yard and both were reported to the Transport Canada Rail Division. Only the first incident was reported by e-mail to the local newspaper, the Irving owned Telegraph Journal as a 'minor derailment' by NBSR spokesperson, Mary Keith. Three previous derailments were reported in Saint John during the last two years on NBSR tracks: On March 6, 2012 along Crown Street near Potash Terminal, four cars carrying potash went off the tracks that run parallel to Crown Street about 12:30 AM and flipped onto their sides, spilling 3 267 some potash on the ground. An additional eight cars went off the tracks, but remained upright. On May 9, 2012 CBC reported that three NB Southern Railway tanker cars left the tracks near Rothesay Avenue at about 4:30 AM. According to fire officials the cars contained spin acid, molten sulphur and a small amount of crude oil. (3) http: / /www.cbc.ca/ news /canada/ new - brunswick /2nd- train - derails- in- saint -john- 1.1279296 On April 22, 2013 CBC reported that two boxcars loaded with bales of pulp derailed in west Saint John. (4) http: / /www.cbc.ca/ news /canada /new - brunswick /train - track- repairs - underway- after - derailment -in- saint -john- 1.1363190 Reporting Derailments On the national level, Transport Canada reported 183 derailments between January 1991 and January 2013 on their website. The standards regarding rail accident reporting are currently under review by Transport Canada. (5) http: / /www.tsb.gc.ca /eng /rapports- reports /rail /index.asp A December 9, 2013 report of a CBC investigation into rail safety found that Canada's largest freight carrier CN Rail did not report to authorities more than 1,800 derailments and accidents, including 44 on key rail arteries. (6) http://www.cbc.ca / news /canada /tsb- says -cn- rail - failed -to- report- hundreds-of- derailments - collisions- 1.2451186 At the 19t" Annual Research Review, April, 2014 attended by representatives from fourteen countries, Canadian Pacific Vice - President of Engineering, Brent Laing delivering the day's keynote as part of the plenary session stated, 'Sixty percent of the accidents occur in yards while 40 percent happen on the road. The leading cause in yards is human error 4 268 while the leading cause of over -the -road accidents is equipment or track failure, " (7) http:// www. progressiveraiIroading.com /csx_ transportation /article/ Rai l- technology- research - shared- at -AARs- 19th- annual- review -- annaa Flammability of oil in tanker cars Findings of the investigation of the incident in Lac Megantic, Quebec July 5, 2013, revealed that the contents of the DOT 111 tanker cars, oil from the Bakken Shield in North Dakota, is highly flammable. This is due the presence of flammable natural gas liquids (NGLs), unlike other crudes. (8) http: / /www.insurancejournal.com /news /national/2014/05/14/32909 5_htm This particular crude continues to arrive daily in the marshaling yard of the short haul railway company NBSR in Saint John. The Lac Megantic train accident resulted in 47 deaths, the highest number of deaths by rail since the St. Hilaire train accident in 1864. Is there a difference in risk between a full and an empty oil tanker car upon impact? When a full oil tanker car with a capacity of 141,000 litres is ruptured in an incident, the vapours emanating from the fuel are highly flammable when spilled. (9) http : / /business.financialpost.com /2014 /01/02 /bakken - crude- north- dakota /? lsa= 4753 -145f (Note 40 second video illustrating an explosion following a derailment) Spilled crude oil poses an additional environmental hazard. Empty tankers also pose an explosion hazard upon impact. As escaping hydrocarbon vapours inside the tanker cars mix with air, the flammability (explosive range) will be met creating a possible fireball. At times, hundreds of full and empty oil tanker 5 269 cars are parked in the NBSR railway yard on a regular basis. If one oil tanker car, full or empty, surrounded by hundreds of other tanker cars, was ruptured and caught fire, how large an explosion would result? (10) (CANUTEC https:/ /www.tc.gc.ca /eng /canutec /guide -ergo- 221.htm Guide 128, page 194) (11) Canadian Dictionary of Safety Terms, Larr Enterpises, Ram Consulting, 1987. http: / /www.cbc.cal news /canada /rail- accidents - and - disasters -in- canada- 1.1149829 Emergency preparedness How prepared is the City of Saint John, the provincial Department of Public Safety, and the Emergency Measures Organization for a major incident involving fire and explosions: • Does the city have the trained and equipped personnel for an adequate response? • Does the city have sufficient fire fighting equipment? • Has a plan been developed for regular emergency response exercises? • Does the city have a detailed evacuation plan including evacuation centres? The rail yard is bordered on one side by the main highway through Saint John. • Is there enough locomotive power to safely remove tanker cars in case of fire incident? Considering the movement and storage of large numbers of oil tanker cars within a small urban area, the flammability of the contents of the tanker cars, the location of other petroleum based industrial sites and the capacity of the City of Saint John to respond to a major accident, what degree of risk are the citizens of Saint John living with on a daily basis? 6 270 Should an independent analysis of the safety of the movement and storage of oil tanker cars be conducted? Do the short haul rail way companies have sufficient liability coverage? We await your response to the seriousness of the potential for a major incident in ISaint John. Should you wish to contact us, we can be reached with the following contact information: Bernard Beukeveld- tel. 1- 506 - 847 -3183 e-mail ohsafety @nb.sympatico.ca Ruth Wolpin - tel. 1- 506 - 832 -7827 e-mail crwolpin @gmail.com Yours in safety, Bernard Beukeveld, CRSP (R) Board of Canadian Registered Safety Professionals, registered since 1993 http: / /www.bcrsp.ca/ Canadian Society of Safety Engineering, registered since 1991 http: / /www.csse.org/ Ruth Wolpin B.A, B. Ed. M.Ed 7 271 Send to: New Brunswick - Minister of Transport and Infrastructure Hon. Claude Williams. Claude.williams @ gnb.ca New Brunswick Minister of Public Safety and Solicitor General Hon. Bruce Northrup. Bruce.northrup @gnb.ca New Brunswick Emergency Measures Organization (EMO) Chief Chief, Greg MacCallum. emo @gnb.ca Saint John Fire Chief, Chair of EMO for the City of Saint John Kevin.clifford @saintjohn.ca CBC - Robert Jones cbcnb. @cbc.ca Rogers TV, Todd Veinotte Tod.veinotte @rci.rogers.com Brunswick News Inc., and Telegraph Journal Managing Editor David Stones House Stone. house .david @telegraphiournal.com Member of Parliament - Saint John, N.B. Hon. Rodney Weston rodney.weston @parl.gc.ca Member of Parliament - Fundy Royal, N.B. Hon. Rob Moore Rob.moore @parl.gc.ca 12MMZ1212= 8 272 The City of Saint John June 9, 2014 Deputy Mayor and Councillors Subject: 1905 Hickey Road Easement Acquisition for Safe, Clean Drinking Water Project The Committee of the Whole, having met on June 9, 2014, made the following recommendation: RESOLVED that 1. The City acquire from David Newman (Rick) Rolfe, Janet L. Dalling, Gerald G. Kerr, Leo T. Kerr, George W. Kerr and Marjorie A. Page, a one half interest in: a) a 1959 square meter easement for municipal services over PID 334524 as depicted on the Plan of Survey dated April 7, 2014 prepared by Kierstead Quigley and Roberts Ltd., a copy of which is attached to this report dated May 23, 2014 (the "PLAN "); and b) a 1675 square meter temporary construction area over RID 334524 as depicted on the Plan; for $2,500.00 2. That the City pay $1,457.42 (including HST) for the legal fees incurred by David Newman (Rick) Rolfe, Janet L. Dalling, Gerald G. Kerr, Leo T. Kerr, George W. Kerr and Marjorie A. Page to finalize this transaction; and 3. That the Mayor and Common Clerk be authorized to execute the necessary documents to effect the transaction. Sincerely, Mel Norton Mayor ,SAINT JOHN Pty. Box 1 971 Saht john, NR Canada Eli. 4L`i CY 1 971 Saint John, N. -B. Canada E2L 4L1 273 l'.C� i7 .1i �x The city of saint Jobn June 9, 2014 Deputy Mayor and Councillors Subject: Expropriation for Portion of Civic #1905 Hickey Road ( "Kerr Property "), Parcel Identifier: 00334524 Safe, Clean Drinking Water Project The Committee of the Whole, having met on June 9, 2014, made the following recommendation: The resolution of Common Council adopted at the meeting held on June 3, 2013 pertaining to the expropriation of portion of Civic #1905, Hickey Road, Saint John, New Brunswick, be rescinded and replaced with the following: (1) That it is the objective of The City of Saint John to construct a Public Water Treatment Facility adjacent to the Little River Reservoir in East Saint John together with water transmission mains and infrastructure associated with the operation of the Public Water Treatment Facility located along the alignment shown on a plan prepared by Alan Phinney of Saint John Water, dated May 29, 2013, a copy of which is attached to M &C No. 2013- 107;" and; (2) Be it further resolved that: (i) The City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access to and easement over the lands bearing Service New Brunswick PID 00334524 for the construction and operation of the water transmission mains and associated infrastructure necessary for the operation of the Public Water Treatment Facility adjacent to the Little River Reservoir in East Saint John; and (ii) Common Council hereby authorizes entry by its employees and by its agents upon the lands to be expropriated for the construction and operation of water transmission mains and associated infrastructure necessary for the operation of the said Public Water Treatment Facility; and (3) Be it further resolved that: (i) The Mayor and Common Clerk be authorized to execute a Notice of Entry pursuant to the provisions of the Expropriation Act, c. E -14, S.N.B. and amendments thereto and the Regulations thereunder with respect to property bearing PID number 00334524; such notice to advise that the City, its employees and its named agents intend to enter the property in question commencing not earlier than June 10, 2014 and continuing as necessary but in no event later than June 30, 2015 for the purpose of conducting activity to determine the suitability of W -U T 1010i PO. Fkrc 1971 &-i"W. John, NB C" w3ENla UL W I VAVW.saia1tj01n.cJ I C:.P. 1971 SaintJohn, N -D. CAin adai E2L 4L1 274 the lands for the purpose of the construction and operation of water transmission mains and associated infrastructure necessary for the operation of the said Saint John Public Water Treatment Facility; and (ii) The City Solicitor or his designate arrange that such Notice of Entry be given in accordance with the requirements of the Expropriation Act. Sincerely, Mel Norton Mayor 275 The City of Saint John June 9, 2014 Deputy Mayor and Councillors Subject: Settlement Agreement Terry Matheson — Human Rights Act Complaint The Committee of the Whole, having met on June 9, 2014, made the following recommendations: RESOLVED that Common Council receive for the record the proposed Settlement Agreement with attachments between Mr. Terry Matheson and the City of Saint John presented to the Committee of the Whole and submitted to Common Council on June 9th, 2014. - and - RESOLVED that the Settlement Agreement with attachments between Mr. Terry Matheson and the City of Saint John received by Common Council at its meeting on June 9th, 2014 be approved, and that its execution by the Mayor and Common Clerk be authorized. Sincerely, Mel Norton Mayor q�- NAUNT I# �HN' P.O. Box 1971 &aint john, NPR C:anad ;i E2L 4LI I www.mintjohn.ca I C.P. I9' 1 Saint Jahn, N. -B. Canada E2L 4LI a . -_- 276 SETTLEMENT AGREEMENT BETWEEN: TERRY MATHESON (the "Complainant ") -AND- THE CITY OF SAINT JOHN (the "Respondent ") -AND- THE NEW BRUNSWICK HUMAN RIGHTS COMMISSION (Hereafter the "Commission ") WHEREAS the Complainant, while then an employee of the City, filed a Human Rights Complaint with the Commission against the Respondent on January 30, 2012 alleging discrimination in employment on the basis of mental disability and physical disability (the "Complaint"); AND WHEREAS the Commission's staff has acted as an impartial mediator in this matter and has assisted the Parties in reaching a mediated resolution to the Complaint; AND WHEREAS the Complainant and the Respondent hereby resolve the Complaint without the necessity of it proceeding beyond the mediation phase of the Commission's complaint process; AND WHEREAS the Parties wish to evidence the terms of settlement in this Settlement Agreement; NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the premises and agreements herein contained and for good and valuable consideration the Parties agree as follows: The Respondent hereby agrees to pay the Complainant the sum of Eight Thousand Five Hundred Dollars ($8,500.00) as general damages for full and final settlement of the Complaint; 2. The Respondent hereby agrees to forgive and release the Complainant from any overpayment amount that was paid by the Respondent to the Complainant in error in the period Ieading up to and upon the completion of his employment with the Respondent; 3. The Respondent hereby agrees to provide the Complainant with a Letter of Misunderstanding in the form attached as Schedule "A"; 4. The Respondent hereby agrees that staff members, as identified by the Respondent, will receive a human rights training seminar from a staff person from the Commission within one (1) year from the date of settlement; 5. The Parties hereby agree that they will not discuss the subject matter of the Complaint with anyone once the matter has been concluded and the Commission's file is closed; 6. The Complainant hereby agrees to provide the Commission with a letter in the form attached as Schedule "B" irrevocably withdrawing the Complaint against the Respondent; 7. The Complainant hereby agrees to sign a Release in the form attached as Schedule "C ", which includes a waiver of all actions and causes of action relating to his employment with the Respondent; and 8. The parties acknowledge that they have received independent legal advice in this matter. IN WITNESS WHEREOF the parties have agreed to the terms of settlement on June 9, 2014 and have executed this Settlement Agreement on the dates indicated below their respective signatures. SIGNED, SEALED AND DELIVERED ) } TERRY MATHESON Witness ) Date: AND SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN ) Per: Mayor ) Per: Common Clerk Resolution Date: AND SIGNED, SEALED AND DELIVERED Witness } ) } NEW BRUNSWICK HUMAN RIGHTS COMMISSION Per: Date: R _ NG E Rr The City of Saint john June 9, 2014 Deputy Mayor and Councillors Subject: Settlement Agreement John Thomas Marshall, Applicant and The City of Saint John, Respondent: Draft Agreement between the City and the Saint John Firefighter's Association, Local No. 771 respecting amendment to the Heart and Lung Act The Committee of the Whole, having met on June 9, 2014, made the following recommendations: RESOLVED that Common Council receive for the record the proposed Settlement Agreement between John Thomas Marshall and the City of Saint John together with the associated Release as well as the proposed Agreement between the City of Saint John and the Saint John Firefighters Association IAFF Local 771 dealing with the Amendment of the Heart and Lung Act, so called. - and - RESOLVED that the Settlement of the Proceeding commenced by John Thomas Marshall as Applicant and the City of Saint John as Respondent, Cause # SIM187113 be confirmed on the terms set out in the Settlement Agreement and Release documentation presented to Committee of the Whole and submitted to Common Council on Monday June 9th, 2014; And further that an Agreement between the City and Local 771 respecting the petitioning of the Legislative Assembly for amendment of an Act respecting the Saint John Firefighters Association commonly known as the Heart and Lung Act, 2010 SNB c. 9, presented to the Committee of the Whole and submitted to Common Council on June 9th, 2014 be approved; And further that contingent upon the aforesaid Settlement Agreement, Release and Agreement with Local 771 being duly executed and delivered to the City by Mr. Marshall and the Local no later than Wednesday 2:00 p.m. June 11th, 2014 and Wednesday noon June 11th, 2014 respectively, the Mayor and Common Clerk be authorized to execute the aforesaid Settlement Agreement and Agreement with Local 771. Sincerely, Mel Norton Mayor Foil-N PO. Fx)x 9971 �iin }vhn NK �:.�nada LPL4Li I vaa���v i�tBgt�P��t.c�� 1 0-..111971 Smin le in, N. B. C. -Amuki Lam! 4L'1 - -...y 277 Cause No. S/M/87/13 SETTLEMENT AGREEMENT BETWEEN: JOHN THOMAS MARSHALL (the "Applicant ") K11,01 THE CITY OF SAINT JOHN (the "Respondent ") WHEREAS the Applicant, served upon the City of Saint John as Respondent, a Notice of Application dated October 17, 2013; AND WHEREAS the Notice of Application identified in the immediately preceding recital sought an Order of the Court respecting the interpretation and application of An Act Respecting the Saint John Fire Fighters' Association S.N.B. 2010, c. 9 (the "HLA "); AND WHEREAS each of the Applicant and Respondent filed a Pre - Hearing Brief with supporting Affidavits with the Court of Queen's Bench in accordance with the Rules of Court; AND WHEREAS a hearing before Mr. Justice Grant of the Court of Queen's Bench was convened on the 25`h day of November, 2013 at which time the Applicant and Respondent sought and received an adjournment in order to purse settlement discussions; AND WHEREAS the Parties subsequently have sought and been granted adjournments by Mr. Justice Grant to allow the pursuit of possible settlement of this matter; AND WHEREAS settlement discussions have been productive and the Parties have agreed to the terms of settlement of the said Application; AND WHEREAS the Parties wish to evidence the terms of settlement in this Settlement Agreement; NOW THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of these presents for other good and valuable consideration the sufficiency and receipt of which is hereby acknowledged the Parties agree as follows: 1. The Applicant shall receive a pension under the HLA calculated as follows: • Schedule "A" Rank for Lieutenant $85,974.00 • Article 16.01 Service Pay ($85.974.00 x .035) $ 3,009.09 • Unused Vacation and Statutory Time (217 hours x $47.24/hour) $10,250.75 $99,233.84 $99,233.84 x .60 (being percentage identified in the HLA) = HLA pension of $59,540.30. 2. The Respondent shall pay a contribution of $7,500.00 towards the Applicant's legal expenses. 3. The Applicant shall receive an HLA pension in accordance with the terms of the HLA. It is agreed that there is no mechanism in the HLA for ongoing/f u-ther medical examinations and the Applicant shall ;not be evaluated for any other position within the Respondent's organization subsequent to the execution of these presents by the parties hereto. 4. The Respondent accepts the arrangement set out in items I through 3 hereof as full and final settlement of any and all clams between the Applicant and the Respondent and without limiting the generality of the foregoing hereby specifically agrees that the dispute respecting the matter of 192 hours of vacation time to which the Applicant believes he is entitled under the Collective Agreement by which he is bound, namely an agreement between the City of Saint John and the Saint John Firefighters" Association IAFF Local 771, shall not form the basis of separate proceedings. 5. The Applicant shall duly execute and deliver to the Respondent not later than 2:00 p.m. on Wednesday June 11, 2014: 1) the Release attached hereto and forming a part hereof, and 2) these presents. 6. The Applicant shall on Wednesday June 11, 2014 file with the Clerk of the Court of Queen's Bench a Withdrawal/Discontinuance of Cause No. S/M/87/13, without costs. 7. The Respondent shall execute these presents and deliver them to the Applicant's legal counsel to be held in escrow with the explicit agreement and understanding that their Release to the Applicant is contingent upon the execution and delivery to the Respondent not later than noon on Wednesday June 11, 2014, by the Saint John Firefighters' Association, IAFF Local 771 (the "Local ") an agreement between the Respondent and the Local addressing amendment of the HLA. IN WITNESS WHEREOF the Parties have agreed to the terms of settlement on 2014 and have executed this Settlement Agreement on the dates indicated below their respective signatures. SIGNED, SEALED AND DELIVERED Witness SIGNED, SEALED AND DELIVERED JOHN THOMAS MARSHALL Date: AND THE CITY OF SAINT JOHN Per: Mayor } Per: Common Clerk } Resolution Date: RELEASE KNOW ALL MEN BY THESE PRESENTS that John Thomas Marshall of Saint John (hereinafter called the "Releasor "), in exchange for and consideration of the terms of the Settlement Agreement between John Thomas Marshall and The City of Saint John (hereinafter called the "Releasee ") dated the day of June, 2014, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever discharge the said City of Saint John, its agents, officers, employees, former employees, successors and assigns of and from all manner of claims, actions, causes of action, grievances, costs, complaints, damages, special and general, claims and demands of every nature or kind whatsoever which the said Releasor has had, now has or may in the future have arising from or out of or in any way related to or connected with his employment with the Releasee and in particular, for and without limiting the generality of the foregoing, any and all claims respecting the Releasor's entitlement or the amount of the Releasor's pension pursuant to An Act Respecting the Saint John Firefighters' Association, S.N.B. 2010, c. 9 (the "HLA ") and any grievance pursuant to the applicable Collective Agreement between the Releasee and the Saint John Firefighters' Association, IFF Local 771. AND IT IS FINALLY UNDERSTOOD AND AGREED that the terms and conditions of settlement are not to be construed as an agreement on the part of the Releasee, with the Releasor's interpretation of the HLA, which interpretation is expressly disputed by the Releasee. AND I, the Releasor, hereby declare that I have had an opportunity to seek independent legal advice with respect to this Release and I fully understand it. I, the Releasor, hereby voluntarily accept the said terms for the purpose of making full and final settlement of all claims aforesaid. IN WITNESS WHEREOF, John Thomas Marshall, the Releasor, has hereunto set his hand and seal this ` day of June, 2014. SIGNED, SEALED AND DELIVERED Witness } } John Thomas Marshall G c i The City of Saint Jahn June 9, 2014 Deputy Mayor and Councillors Subject: Competition Swimming Pool Lighting Upgrade — Canada Games Aquatic Centre (CGAC) The Committee of the Whole, having met on June 9, 2014, made the following recommendation: RESOLVED that Common Council authorize staff to submit a Request for proposal (RFP) for contractors interested in installing new LED lighting system in the pool area as per the scope of work contained in M& C 2014 -088, dated June 9th, 2014 entitled, Competition Swimming Pool Lighting Upgrade — Canada Games Aquatic Centre (CGAC). Sincerely, ---�'.Ooe Mel Norton Mayor (i I SAINT JOHN P.O. Box 1971 Saini J«hn, NB Canada EA 4L1 I VVVAV &AngoIII)xa I C.P. 197'1 Saint John, N. -B. Canada E2L 4L7 _ - 278 - Sy 'I !I `1y1 The City Of saint John June 9, 2014 Deputy Mayor and Councillors Subject: Appointment to Federation of Canadian Municipalities (FCM) Committee The Committee of the Whole, having met on June 9, 2014, made the following recommendation: RESOLVED that Council makes the following appointment to a Committee: Federation of Canadian Municipalities: to appoint Councillor J. MacKenzie to the following FCM Standing Committees: Finance and Intergovernmental Arrangements and Municipal Infrastructure and Transportation Policy until June 2015 and further that he is permitted to attend all four FCM meetings. Sincerely, Mel Norton Mayor f fi ll- '&V-N' joxv -M I (]_ aK'i971 S�r?t flv, ttt, 413 Or; det F�E.4L] I +ra °amsaingct.�imof I (`_P 1971 Sili, J,Ain, N-0, Canada EA4L1 __ 279