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)
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Brian Irving, BBA
Manager Real Estate
Patrick Woods, CGA
City Manager
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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.
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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
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Brian Irving, BBA
Manager Real Estate
Patrick Woods, CGA
City Manager
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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
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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
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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
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Brian Irving, BBA
Manager Real Estate
Patrick Woods, CGA
City Manager
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91
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Spruce Avenue
Avenue SprUCe Avenue, Saint John
Saint John County, NB
NS Grid Coordinate values
Coordonnees du Systems du NB
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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
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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: }
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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.
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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
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_ 1 m jill4ry r
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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
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Map 4 - Aerial Photography
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Date: May 12, 2014
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ASHBURN
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THROUGHWAY
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I : 250
mat.
156
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Oakhill Homes Sales lot
PUMP WALKWAY TG MAIN
PARKING AREA AND avn=
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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
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- ZOW H03249 plek ,2003
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--------------------------------
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 �• °.
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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"!
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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
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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� -
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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� —
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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.
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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.
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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.
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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,
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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.
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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.
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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.
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(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.
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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.
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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
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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
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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.
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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.
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(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).
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(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
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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.
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(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
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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.
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(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
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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
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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
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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
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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
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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?
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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
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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
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- -...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-
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__ 279