The URL can be used to link to this page

2014-06-23_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, June 23, 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 2014 -06 -09 2-10 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Sign Lighting Upgrade (Recommendation in Report) 11 -13 5.2 City Market Head Tower - Insurance Claim Update (Recommendation in Report) 14-15 5.3 2014 Agreement with Fortis Properties for Cleaning and Security Services for 16-24 Chipman Hill and City Market Pedways (Recommendation in Report) 5.4 Mud, Sweat and Tears 2014 - Rockwood Park (Recommendation in Report) 25-27 5.5 Acquisition of Easement for Municipal Services Civic #80 28-31 Wellesley Avenue (Recommendation in Report) 5.6 Proposed Public Hearing Date - 600 Somerset Street and 55 Latimore Lake 32-33 Road (Recommendation in Report) 5.7 Environmental Trust Fund - Letter of Offer (Recommendation in Report) 34-38 1 Powered By; $ &1BE' 5.8 Research Agreement between the University of New Brunswick (UNB) and The 39-49 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By -laws 10.1 Public Presentation - 170 Ashburn Lake Road 83-117 10.2 Public Presentation - 55 -65 University Avenue 118-129 10.3 Referall of PlanSJ Amendments - Expiry of the 30 Day Public Presentation 130-131 Period 10.3.1 Common Clerk: Proposed Municipal Plan Amendment - Amendments 132-139 related to the Proposed Adoption of a New Zoning By -Law for The City of Saint John 10.3.1.1 Letters of Opposition 140-153 11. Submissions by Council Members 11.1 Clean Sweep Initiative (Councillor Reardon) 154-154 11.2 External Access to Building Permit Applications (Deputy Mayor Rinehart) 155-155 1 City of Saint John (City) (Recommendation in Report) 5.9 Groundwater Supply Exploration Project Phase II, RFP for Additional Production 50-52 Scale Test Well Development (Recommendation in Report) 5.10 Letter from Fundy Wellness Network Requesting Funding of $500 53-54 (Recommendation: Approve Request) 5.11 Saint John Jeux Canada Games Foundation Inc. - Audit Report and Financial 55-70 Statements as at Dec 31, 2013 (Recommendation: Receive for Information) 5.12 Province of New Brunswick - Designation of a Provincial Heritage Place 71 -80 (Recommendation: Refer to City Manager) 5.13 Province of New Brunswick - Updated Five Year Program (Recommendation: 81 -81 Refer to City Manager) 5.14 Salty Jam (Recommendation in Report) 82-82 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By -laws 10.1 Public Presentation - 170 Ashburn Lake Road 83-117 10.2 Public Presentation - 55 -65 University Avenue 118-129 10.3 Referall of PlanSJ Amendments - Expiry of the 30 Day Public Presentation 130-131 Period 10.3.1 Common Clerk: Proposed Municipal Plan Amendment - Amendments 132-139 related to the Proposed Adoption of a New Zoning By -Law for The City of Saint John 10.3.1.1 Letters of Opposition 140-153 11. Submissions by Council Members 11.1 Clean Sweep Initiative (Councillor Reardon) 154-154 11.2 External Access to Building Permit Applications (Deputy Mayor Rinehart) 155-155 1 12. Business Matters - Municipal Officers 3 12.1 Cleanup of the Property at 63, 67, 71 and 75 Fallsview Avenue (PID 156-186 #55054746) 12.2 Demolition of the Vacant, Dilapidated and Dangerous Building at 90 Bridge 187-208 Street (PID #378547) 12.3 Section 39 Conditions - Leinster Court Apartments 55 Leinster Street 209-213 12.4 2014 PlaySJ Initiatives - Passport to Parks Program /Community Clean -Up 214-220 Trailer 12.4.1 Passport to Parks Presentation 221 -234 12.5 Forest Hills School - Request for Financial Support for Restoration Project of 235-243 the Gymnasium Floor and Bleachers 12.6 Governance Structure - The Drinking Water Project 244-278 12.7 Municipality of Saint John Five -Year Capital Investment Plan Respecting the 279-285 "Gas Tax Fund" (2014 -2018) 12.8 2014 Roadway Construction Projects 286-295 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Jewish Historical Museum re Advertisement 296-296 16. Supplemental Agenda 16.1 Contract No. 2014 -11 - Duke Street (Wentworth Street to Crown Street) - 297-298 Street Reconstruction 16.2 Illegal Dump - 51 Worden Drive - Joseph Francais LeGassie PID No. 310888 299-301 17. Committee of the Whole 17.1 Committee of the Whole: Appointments to Committees — Saint John Board of 302-302 Police Commissioners 17.2 Committee of the Whole: City Market Tower — Transitional Funding for PRUDE 303-303 and SJMNRC 17.3 Committee of the Whole: Sale of City Owned Property — Mark and Commerce 304-304 Drive 17.4 Committee of the Whole: Top Up Pensioner — Mrs. John Gallagher 305-305 3 17.5 Committee of the Whole: Barge Terminal Project 306-306 18. Adjournment City of Saint John Common Council Meeting Monday, June 23, 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 Financial Matter 10.2(4)(c) 1.3 Labour and Employment Matter 10.2(4)0) 1.4 Personal Matter 10.2(4)(b) 1.5 Labour and Employment Matter 10.2(4)0) 1.6 Financial Matter 10.2(4)(c) 1.7 Land Matter 10.2(4)(d) 1.8 Financial Matter 10.2(4)(c) 1.9 Financial Matter 10.2(4)(c) 1.10 Personal Matter 10.2(4)(b) 1.11 Discussion re: SJ Energy 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Modernisation de I'eclairage des enseignes de Saint John (recommandation figurant au rapport) 5.2 City Market Head Tower — Le point sur la reclamation d'assurance (recommandation figurant au rapport) 5.3 Entente de 2014 avec Fortis Properties relativement aux services de nettoyage et de securite pour les passerelles de Chipman Hill et du marche municipal (recommandation figurant au rapport) 5.4 Mud, Sweat and Tears 2014 — Parc Rockwood (recommandation figurant au rapport) 5.5 Acquisition d'une servitude pour services municipaux visant le 80, avenue Wellesley (recommendation figurant au rapport) 5.6 Date proposee de la tenue d'une audience publique relativement au 600, rue Somerset et au 55, chemin Latimore Lake (recommandation figurant au rapport) 5.7 Fonds en fiducie pour 1'environnement — Lettre d'offre (recommandation figurant au rapport) 5.8 Convention de recherche entre I'Universite du Nouveau - Brunswick (UNB) et The City of Saint John (Ville) (recommandation figurant au rapport) 5.9 Phase II du projet d'exploration relatif a I'approvisionnement en eau — Demande de propositions, test supplementaire a I'echelle de la production pour le developpement d'un forage (recommandation figurant au rapport) 5.10 Lettre du Reseau Mieux-Etre Fundy demandant un financement de 500 $ (recommandation : approuver la demande) 5.11 Saint John Jeux Canada Games Foundation Inc.: Rapport de verification et etats financiers en date du 31 decembre 2013 (recommandation : accepter a titre informatif) 5.12 Province du Nouveau - Brunswick — Designation d'un lieu du patrimoine provincial (recommandation : transmettre au directeur general) 5.13 Province du Nouveau - Brunswick — Mise a jour du programme quinquennal (recommandation : transmettre au directeur general) 5.14 Festival Salty Jam (recommendation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques a 18 h 30 10. Etude des arretes municipaux 10.1 Presentation publique relative au 170, chemin Ashburn Lake 10.2 Presentation publique relative aux 55 -65, avenue University 10.3 Renvoi des modifications au PlanSJ — Expiration de la periode de 30 jours pour la presentation publique 10.3.1 Greffier communal : Projet de modification du plan municipal — Modifications relatives au projet d'adoption d'un nouvel arrete de zonage de The City of Saint John 10.3.1.1 Lettres d'opposition 11. Interventions des membres du conseil 11.1 Initiative de grand menage (conseillere Reardon) 11.2 Acces externe aux demandes de permis de construction (mairesse suppl6ante Rinehart) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Nettoyage de la propriete situee aux 63, 67, 71 et 75, avenue Fallsview (NID 55054746) The City of Saint John Seance du conseil communal Le lundi 23 juin 2014 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 du greffier communal 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 au paragraphe 10.2(4) 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 — paragraphe 10.2(4) 1.2 Questions relatives a Pemploi — alinea 10.2(4)j) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Convention — alinea 10.2(4)c) 1.5 Question financiere — alinea 10.2(4)c) 1.6 Question relative au personnel — alinea 10.2(4)b) 1.7 Comite des candidatures — alinea 10.2(4)b) 1.8 Question relative aux ressources humaines — alinea 10.2(4)j) 1.9 Question relative aux ressources humaines — alinea 10.23(4)j) 1.10 Projet d'entente — alinea 10.2(4)c) Seance ordinaire 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 9 juin 2014 12.2 Destruction du batiment vacant, delabre et dangereux situe aux 90, rue Bridge (NID 378547) 12.3 Conditions imposees par I'article 39 visant les appartements de Leinster Court situes au 55, rue Leinster 12.4 Initiatives de Recr6SJ en 2014 — Programme Passeport aux pares /Remorque pour le nettoyage communautaire 12.4.1 Presentation du programme Passeport aux pares 12.5 Ecole Forest Hills — Demande de soutien financier pour le projet de restauration du plancher et des gradins du gymnase 12.6 Structure de gouvernance — Projet Eau potable 12.7 Municipalite de Saint John — Regime d'investissement de cinq ans conforme au fonds de la taxe sur 1'essence » (2014 -2018) 12.8 Projets de construction d'une route pour 2014 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 Lettre du Jewish Historical Museum au sujet de la publicite 16. Ordre du jour supplementaire 16.1 Contrat n° 2014 -11 : Rue Duke (de la rue Wentworth a la rue Crown) — Refection 16.2 Decharge illegale : 51, promenade Worden — Joseph Francais LeGassie (NID 310888) 17. Comite plenier 17.1 Comite plenier : Nominations pour sieger aux comites — Bureau des commissaires de la police de Saint John 17.2 Comite plenier : Tour du marche municipal — Financement transitoire de PRUDE Inc. et du Centre d'accueil multiculturel et des nouveaux arrivants de Saint John 17.3 Comite plenier : Vente d'une propriete appartenant a la Ville — Promenade Mark et promenade Commerce 17.4 Comite plenier : Pensionne touchant une rente supplementaire — Mf1e John Gallagher 17.5 Comite plenier : Projet de terminal pour barges 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 9, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon Regrets: Councillor Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; N. Jacobsen, Commissioner of Strategic Services; J. Hamilton, Commissioner Growth and Development; J. Armstrong Deputy Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Bishop Robert Harris offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of May 20, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on May 20, 2014, be approved. Question being taken, the motion was carried. 2.2. Minutes of May 26, 2014 On motion of Councillor McAlary Seconded by Deputy Rinehart RESOLVED that the minutes of the meeting of Common Council, held on May 26, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Rinehart RESOLVED that the agenda of this meeting be approved, with the addition of items 17.1 1905 Hickey Road Easement Acquisition for Safe, Clean Drinking Water Project; 17.2 Expropriation for Portion of Civic # 1905 Hickey Road ( "Kerr Property "), Parcel Identifier 00334524 Safe, Clean Drinking Water Project; 17.3 Settlement Agreement Terry Matheson — Human Rights Act Complaint; 17.4 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; 17.5 Competition Swimming Pool Lighting Upgrade — Canada Games Aquatic Centre (CGAC); and 17.6 Appointment to Federation of Canadian Municipalities ( "FCM "). Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The Mayor declared a conflict of interest with item 17.3: Settlement Agreement Terry Matheson — Human Rights Act Complaint 5. Consent Agenda I 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 5.1 That the letter from Dominion Park regarding clean up, be received for information. 5.2 That as recommended by the City Manager in the submitted report M &C 2014- 81: Proposed Public Hearing Date - 14 McLaughlin Crescent, 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. 5.3 That as recommended by the City Manager in the submitted report M &C 2014- 80: Street Naming and Street Re- Naming, 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. 5.4 That as recommended by the City Manager in the submitted report M &C 2014- 78: Highway Usage Permit (HUP) Transfield Dexter Gateway Services Limited Route 1, 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 M &C 2014 -78, and that the Mayor and Common Clerk be authorized to execute the said HUP. 5.5 That as recommended by the City Manager in the submitted report M &C 2014- 79: Highway Usage Permit (HUP) Province of New Brunswick Champlain Drive — Watermain Relocation, the City of Saint John enter into "Highway Usage Permit (HUP) No. 201411OL54500001" with the Province of New Brunswick (Minister of Transportation and Infrastructure) and that the Mayor and Common Clerk execute the documentation. 5.6 That as recommended by the City Manager in the submitted report , entitled The City of Saint John v. Jeannette Marie Richard 6, 8 & 10 Waterloo Street, Saint John, N.B. (the "building') Parcel Identifier: 13912, 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. 5.7 That as recommended by the City Manager in the submitted report M &C 2014- 87: Easement Acquisition from Civic #1414 Hickey Road for Safe, Clean Drinking Water Project (SCDWP) 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 2014 -87; and that the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.8 That as recommended by the City Manager in the submitted report M &C 2014- 86: Easement Acquisition from Civic #5 Duncraggan Court, 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 submitted Offer of Purchase and Sale; and that the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.9 That as recommended by the City Manager in the submitted report M &C 2014- 83: Initiate Stop -Up and Close Portion of Spruce Avenue, 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 that Common Council authorize the publishing of a notice of the intention to consider passing of such By -law identified above. 5.10 That as recommended by the City Manager in the submitted report Collaborative Initiatives of Saint John Water and the Saint John Fire Department, the partnerships in training between Saint John Water and the Saint John Fire Department described as submitted be encouraged and supported, and that the report be received for information. 3 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 5.11 That as recommended by the City Manager in the submitted report M &C 2014- 89: Land Acquisition - Portion of PID# 000405589 730 Dever Rd - Maritime Paper Products GP Limited, 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, 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. 5.12 That the letter from Union Station Lounge regarding the request for a licensed outdoor patio be referred to the City Manager. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 International Shriners Day June 6, 2014 The Mayor proclaimed June 6, 2014 International Shriners Day in the City of Saint John. 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment - 11 King William Road On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 11 King William Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Tuesday, August 5th, 2014 at 6:30 p.m. in the Council Chamber. Question being taken, the motion was carried. 11. Submissions by Council Members 11.1 Online City of Saint John Real Estate Listings (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that 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. Question being taken, the motion was carried. 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 9.1 Presentation to Common Council - 350 Ashburn Road - Sec 39 Amendment 9.1.1 Proposed Section 39 Amendment - 350 Ashburn Road 9.1.2 Planning Advisory Committee report Recommending Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the March 22, 2004 rezoning of the property located at 350 Ashburn Road, also identified as PID Number 55116073, as amended on August 2, 2011, to permit a variety 11 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/1-E 9 JUIN 2014 of additional commercial and light industrial uses on the property, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee at its May 21, 2014 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner, Hughes Surveys and Consultants Inc., presenting. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED 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 Number 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 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, 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 Question being taken, the motion was carried. 11. Submissions by Council Members 11.2 Re- Sizing of Fleet (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the City Manager brings 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 and that these two directives be completed and presented back for Council's approval no later than the end of September 2014. Question being taken, the motion was carried with Deputy Mayor Rinehart and Councillors McAlary and MacKenzie voting nay. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 11.3 Fines Raised for Poop and Scoop By -Law (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the enforceability of the Poop and Scoop By -law be referred to the City Manager to be added to the issues for discussion at the Provincial Legislative Modernization Committee. Question being taken, the motion was carried. 11.4 Canada Post Neighbourhood Group Mail Boxes (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Lowe RESOLVED that the 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. Question being taken, the motion was defeated with Deputy Mayor Rinehart and Councillors McAlary, MacKenzie, Merrithew, Fullerton, Norton and Reardon voting nay. 12. Business Matters - Municipal Officers 12.1 Lifeguard Services On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -85: Lifeguard Services - City Beaches, 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 and that the Mayor and Common Clerk be authorized to execute the submitted contract which text accompanies the City Manager's correspondence in this matter to Common Council, dated June 1, 2014. Question being taken, the motion was carried. 12.2 St. Rose Barnhill Ballfield Fence Replacement Award of Contract On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -84: St. Rose & Barnhill Ballfield Fence Replacement - Award of Contract, the tender for the replacement of the fence at St. Rose and Barnhill Ballfields as submitted by Maritime Fencing Ltd. at the cost of $65,424.00 plus HST be accepted and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 13. Committee Reports 13.1 Fundy Regional Service Commission: Annual Report and Financial Statements for Year Ended Dec 31, 2013 On motion of Deputy Rinehart Seconded by Councillor McAlary RESOLVED that the submission, entitled Fundy Regional Service Commission: Annual Report and Financial Statements for Year Ended December 31, 2013, be received for information. Question being taken, the motion was carried. 13.2 Saint John Police Force — 2013 Operating Budget and Year End Financial Results X 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 On motion of Deputy Rinehart Seconded by Councillor McAlary RESOLVED that the submission, entitled Saint John Police Force — 2013 Operating Budget and Year End Financial Results be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 N.B. Common Front for Social Justice Inc.: Request to Present On motion of Deputy Rinehart Seconded by Councillor McAlary RESOLVED that the correspondence from N.B. Common Front for Social Justice Inc., dated May 16th, 2014 be received for information. Question being taken, the motion was carried with Councillor Farren voting nay. 15.2 Letter from J. MacQueen re King Street East Property The City Manager advised that a report from staff addressing the issue will be available at the next meeting. On motion of Councillor Merrithew Seconded by Councillor Reardon RESOLVED that the letter from J. MacQueen, Elizabeth Rourke and Harold McCormick dated June 4th, 2014 be received for information. Question being taken, the motion was carried. 15.3 Letter from B. Beukeveld re Railway Safety On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the letter from Mr. Beukeveld and Ruth Wolpin concerning Railway Safety be referred to the Fire Chief through the City Manager for a report back to Council. Question being taken, the motion was carried. 16. Supplemental Agenda 17. Committee of the Whole 17.1 1905 Hickey Road Easement Acquisition for Safe, Clean Drinking Water Project On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014: 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 PID 334524 as depicted on the Plan; for $2,500.00 N 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 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. Question being taken, the motion was carried. 17.2 Expropriation for Portion of Civic #1905 Hickey Road ( "Kerr Property "), Parcel Identifier: 00334524 Safe, Clean Drinking Water Project On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014, Common Council adopt the following: 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 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. Question being taken, the motion was carried. (The Mayor withdrew from the meeting and the Deputy Mayor presided.) 17.3 Settlement Agreement Terry Matheson — Human Rights Act Complaint On motion of Councillor McAlary Seconded by Councillor Lowe n. 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/1-E 9 JUIN 2014 RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014, 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. Question being taken, the motion was carried with Councillor Farren voting nay On motion of Councillor McAlary Seconded by Councillor Lowe 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. Question being taken, the motion was carried with Councillor Farren voting nay. (The Mayor re- entered the meeting and presided.) 17.4 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 On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014, 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. Question being taken, the motion was carried with councilor Farren voting nay. On motion of Councillor McAlary Seconded by Deputy Rinehart RESOLVED that the Settlement of the Proceeding commenced by John Thomas Marshall as Applicant and the City of Saint John as Respondent, Cause # S/M/87/13 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 Question being taken, the motion was carried with Councillor Farren voting nay. 17.5 Competition Swimming Pool Lighting Upgrade — Canada Games Aquatic Centre (CGAC) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014, Common Council authorize staff 9 98- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 9, 2014/LE 9 JUIN 2014 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). Question being taken, the motion was carried. 17.6 Appointment to Federation of Canadian Municipalities (FCM) Committee On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on June 9, 2014, Councils 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. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of June 9, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:30 p.m. Mayor / maire Common Clerk / greffier communal 10 r . REPORT TO COMMON COUNCIL M &C- 2014 -092 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Sign Lighting Upgrade BACKGROUND: City of Saint John The Saint John Sign was installed in late 1999 by Plasticcraft Signs and Graphics to celebrate the new millennium. The total installation cost was paid by Saint John Energy, with the City of Saint John responsible for the ongoing maintenance cost including energy cost. The existing lights for the sign consists of T12 fluorescent lights with over eight different size tubes and ballasts. The existing lights are considered unreliable, inefficient, with a short life expectancy and difficult to find replacement parts. The total annual operating cost is estimated to be $9,000 and this amount is expected to increase in the future if the existing lighting system remains. Furthermore, the existing lighting system has surpassed its rated life and will require immediate replacement. ANALYSIS City staff has conducted a detailed analysis of the existing lighting system. The objective of the analysis is to evaluate various options and recommend a system that meets the following criteria: ➢ Reduce total operating cost ➢ Energy efficiency system ➢ Minimum disruption to the Saint John Sign ➢ Employ the latest technology in the light industry ➢ Improve the illumination level of the Sign Affordable Reliable system that requires minimum maintenance ➢ Long rated life 11 M &C- 2014 -092 -2- June 23, 2014 The City of Saint John has reviewed all options in terms of the above criteria and recommends retrofitting the existing lighting system using LED technology. In the past few years, LED technology has been growing rapidly and has made significant improvement in terms of performance, cost, and has proven to be a strong alternative for many applications such as street lights, interior lights and especially signage. The new LED lighting system will provide the following benefits: ➢ Three year warranty (materials and Labour) ➢ 60,000- 90,000 hours rated life compared to 15,000 hours for the fluorescent lights ➢ Annual operating cost is estimated to be $1000 compared to $9000 for the existing system ➢ Better illumination ➢ High system efficacy ➢ Reliable ➢ Minimum maintenance and less light failure ➢ Compact housing for easier installation and ongoing maintenance City staff has consulted various companies specialized in signage and held several on site meetings. The scope of work includes the following: ➢ Remove and dispose of the existing lighting system including any electrical components, letters, etc. ➢ Sand and paint inside /outside of each channel letter ➢ Supply & Install new LED lights ➢ Supply and Install new Lexan sign faces for the Saint John Sign ➢ Electrical Permit ➢ Supply Auto Cad drawing ➢ Three year warranty (parts and materials) FINANCIAL IMPLICATIONS The total cost to the City of Saint John to retrofit Saint John Sign with LED lights is estimated to be $42,000 plus HST. Funds for this project were not budgeted in the 2014 capital budget; however the cost can be accommodated within the overall 2014 Energy Management capital budget. 12 M &C- 2014 -092 -3- June 23, 2014 RECOMMENDATIONS It is recommended that City staff prepare a tender document for the supply and installation of new LED lights for Saint John Sign as per the above scope of work. Respectfully submitted, J 0""Iy�YMNVI1'N4-0._ Samir Yammine, P.Eng, CEM Energy Manager 3- J'atrick Woods, CGA Ci Manager 13 REPORT TO COMMON COUNCIL M &C 2014 -101 June 12, 2014 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Saint John City Market Head Tower — Insurance Claim Update BACKGROUND The City of Saint john The City Market Head Tower was subject to significant water damage as the result of a ruptured hot water heating distribution pipe in January 2014, which included saturated ceiling, floors, and walls; damage to building contents; and damage to the electrical components (fire alarm, disconnects, fuse panels, lighting, etc.) to a state beyond repair. Non- profit tenants who previously occupied the space (including the PRUDE, Multicultural and Newcomers Resource Centre (MNRC), and Human Development Council (HDC)) have now found alternate space to continue their operations now and into the future. The Seniors' Centre has decided that it will not continue their operations at this time. Under the insurance claim for the above - described incident, work completed to date includes removal of water saturated and damaged building components, thorough drying of the space, installation of temporary electrical feeds for ground floor tenants, replacement of the fire alarm panel, amongst other general remediation efforts. No interior finishes have been replaced due to the uncertainty of the future occupancy of the City Market Head Tower at this time. Prior to closing the insurance claim, the damaged electrical components must be replaced (including permanent feeds for ground floor tenants, and an estimate for the in -kind replacement of the interior finishes must be developed. In conjunction with work being undertaken to evaluate alternative locations for City Hall, the City's Real Estate Services Division is considering which, if any, departments could efficiently use the space available in the City Market Head Tower. This analysis will be completed in the near future and will be presented to Common Council at a later date. The timing of this report back to Common Council will not impact the closing of this insurance claim as described herein. ANALYSIS AND FINANCIAL CONSIDERATIONS With the exception of electrical work, the remediation costs that have been expended to date are approximately $76,400, $25,000 of which is the deductible amount paid by the City of Saint John and the balance being the insurance claim. A quotation for the remedial electrical work that will be claimed through insurance has been provided by the electrical contractor (Design Electric Inc.) who is currently under a service agreement with the City for electrical services. The quotation amounts to $36,340.00 plus HST. It is recommended that Common Council approve the direct engagement of this contractor so this work can be completed in a timely manner. 14 Report to Common Council Page 2 of 2 Saint John City Market Head Tower - Insurance Claim Update An estimate for the in -kind (i.e. like with like) replacement of the interior finishes (e.g. ceilings, floors, walls, etc.) is currently being developed by the contractor (Hickey Bros - DKI) who was commissioned to complete the initial work associated with the pipe rupture (i.e. drying, removing damaged building elements, etc.). Once this estimate is developed, it will be submitted to the City's insurance adjuster, who will then make a determination of the value that will be paid under this claim. This amount, at Common Council's approval, can be used towards the future renovation of the Head Tower once it is determined who will occupy the space. It is understood that this will be paid in advance of any work being completed, thus, it is not necessary that we have plans in place for the future occupancy of the Head Tower to receive the monies owing under this claim. Completing the electrical work and the development of the estimate for the remedial work associated with the interior finishes described above will put the City in a position to close this insurance claim. INPUT FROM OTHER SOURCES During the development of this report, input was received from various City departments including Insurance and Risk Management, Real Estate, and Materials Management. RECOMMENDATION Your City Manager recommends that: 1) Notwithstanding the City's Policy for the Procurement of Goods, Services and Construction, the City direct engage Design Electric Inc. to complete the remedial electrical work associated with the insurance claim resulting from the January 2014 pipe rupture in the Head Tower in the amount of $36,340.00 plus HST. Respectfully submitted, Trevor L. Gamblin, M.Sc.E., P.Eng. Manager, Facility Management Patrick Woods, CGA City Manager Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services 15 REPORT TO COMMON COUNCIL M &C 2014 -03 June 17, 2014 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT The City of Saint John 2014 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways BACKGROUND The overhead and underground pedway system connects much of the uptown area, and provides citizens and visitors barrier -free accessible access to shopping, restaurants, arts, entertainment, fitness, accommodations, and other many other services without having to venture out into the elements. Fortis Properties Corporation (Fortis Properties) has been providing cleaning and security services for the Chipman Hill and City Market pedways for many years. In the meeting of Common Council on August 26, 2013, it was resolved that: As recommended by the City Manager in the submitted report M &C 2013 -183: Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways: 1) That the City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $75,004.85 plus HST for the year 2013 generally in the form as attached to this M &C 2013 -183, and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. This report provides our recommendation to enter into a one (1) year agreement with Fortis Properties for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a total cost of $71,184.82 ($5,932.07 monthly), including HST. ANALYSIS AND FINANCIAL CONSIDERATIONS As presented in the most recent report to Common Council (M &C 2013 -183), the cost of the services provided by Fortis Properties is less than cost in which the City of Saint John could procure and /or provide the services directly. Fortis Properties is able to be very competitive with their pricing since they have been providing these services for many years and have developed efficiencies in doing so. They also recognize the value of the pedways to Brunswick Square and the Delta Hotel, thus, they have shared the cost of these services with the City of Saint John, further reducing the cost to the City. 16 Report to Common Council Page 2 of 2 2014 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways The total cost of cleaning and security services for the Chipman Hill and City Market pedways for the 2014 calendar year are estimated to be $71,184.82 ($5,932.07 monthly), including HST. This cost is slightly less than 2013 ($75,004.85 or $6,250.40 monthly, including HST) due to a change in the company who provides the cleaning service. Staff of the Facility Management Division considers that the proposed agreement with Fortis Properties is a cost effective solution as compared to the alternatives available at this time, thus, recommends its execution. Funding for the costs associated with this agreement for cleaning and security services have been provided in the 2014 operating budget of the Facility Management Division. INPUT FROM OTHER SOURCES Representatives from Facility Management, Finance, and Legal Services have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. RECOMMENDATION Your City Manager recommends: 1) That the City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $71,184.82 including HST for the year 2014 in the form as attached to this M &C 2014 -03; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Management Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services Patrick Woods, CGA City Manager 17 THIS AGREEMENT made in triplicate copies this 26th day of May, 2014. BY AND BETWEEN: 1 FORTIS PROPERTIES CORPORATION, a duly incorporated company having offices in the City of Saint John, in the County of Saint John, and Province of New Brunswick, hereinafter called "Fortis" OF THE FIRST PART - and — 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 "City" OF THE SECOND PART WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the "City Market Pedway", hereinafter called "the Pedways"; AND WHEREAS Fortis is the owner of the premises located in between the two Pedways; AND WHEREAS the purpose of this agreement is to provide for the maintenance and security of the Pedways by Fortis; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. This Agreement is for a term of one (1) year beginning on January 1, 2014 and ending on December 31, 2014. 2. Fortis shall keep the Chipman Hill Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Pedway. This includes, but is not necessarily limited to floors, windows, window frames, doors and railings. The City shall keep the City Market Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the City Market Pedway. This includes but not necessarily limited to floors, windows, window frames, doors and railings. 3. (a) Fortis shall have access to the Pedways to carry out inspections of the condition of the said Pedways. Iniaals Let 18 (b) In the event that such inspections reveal that emergency type repairs or replacements are required, then in such an event, Fortis shall immediately perform such repairs or replacements as are necessary to correct the emergency in a good and workmanlike manner, and subsequently advise the City of the emergency and related repairs as soon as reasonably possible. For such emergencies, Fortis shall add a 15% administration fee to all costs incurred. (c) In the event that such inspections reveal that non - emergency type repairs or replacements are required, then in such an event, Fortis shall so advise the City, and the City shall be responsible to do these non - emergency type repairs or replacements at its own costs at its full discretion. 4. The City shall maintain the structural integrity of the Pedways. 5. (a) The City shall keep the Temperature in the Pedways set at 19 degrees Celsius twenty - four (24) hours per day and seven (7) days per week between the months of October and May. (b) The City shall provide cooling to the Chipman Hill Pedway only when the temperature reaches or exceeds 24 degrees Celsius between the months of June and September and only between the hours of 9:30 and 5:30pm, Monday through Saturday. 6. The City shall maintain signage on the Pedways to the effect that the Pedways are owned, maintained and operated by the City and that any concerns or complaints related to the Pedways should be directed to the City. 7. Fortis shall not make any changes, including painting, to the Pedways without the prior written consent of the City. Subject to section 9 hereof, Fortis shall provide the services listed in Schedule "A" and "B" at the cost set out in the said Schedules, both of which schedules are attached hereto and forms part hereof and the City shall pay Fortis the amount of $71,184.82, inclusive of HST and administration fees, for said services rendered hereunder in 12 equal monthly instalments due and payable the first day of each month beginning January 1, 2014 and ending December 31, 2014. For certainty, Schedule "A" and Schedule "B" are a detailed breakdown of the services to be provided by Fortis and related cost for each Pedway. 9. Fortis shall invoice the City separately and the City shall pay for electricity supplied to the Pedways based on monthly consumption. 10. The City shall indemnify and save harmless, Fortis and its affiliates from and against all actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Fortis or any of its employees, servants, or agents in the performance of this Agreement. 19 3 11. Fortis shall indemnify and save harmless the City from and against al tions, causes of actions, proceedings, claims and demands brought against the City, ands m and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Fortis or any of its employees, servants, or agents in the performance of this Agreement. 12. Notwithstanding anything to the contrary contained in this Agreement, the City and Fortis shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 13. During the term of the Agreement, Fortis shall at its sole cost, obtain and keep in full force commercial general liability insurance for claims for damages from personal injury including death, and for claims from property damage which may arise under this Agreement, which coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence, and which insurance shall also include the following (i) the City as an additional insured; and (ii) a cross liability clause. Fortis shall provide a certificate of insurance to the City evidencing such insurance coverage. 14. If either party defaults in the observance or performance of any covenant or obligation in this Agreement and the degree and the default continues for twenty days after written notice of it or in the case of a default not involving the payment of money which cannot with due diligence be cured within a 20 day period, this Agreement shall, at the option of the party who is not in default terminate. Other than for a default which is not remedied as set out above, this Agreement may be terminated by either party on 60 days notice in writing. 15. The provisions of sections 10, 11 and 12 survive termination of the Agreement 16. This Agreement may be modified or amended except by an instrument in writing signed by the parties hereto. 17. Both parties hereto shall comply with the requirements of every applicable statute, law, by- law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use or occupation of the Pedways and all systems related thereto, including but not limited to the electrical and sprinkler systems. 18. Any Notice, request or demand provided for in this Agreement shall be in writing: To the City addressed to: Trevor Gamblin, Facilities Management The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E21, 4L1 20 4 And if to Fortis addressed to: Fortis Properties Corporation 39 King Street Saint John, NB E21, 4W3 and may be delivered in person or sent by prepaid registered mail. Any notice which is delivered personally shall be effective when delivered. Notices mailed shall be deemed to be effective on the third day following mailing whether or not it has been received or picked up by the addressee. In the event of a postal strike or interruption, service shall be personal. Either party may give notice in writing of a change of address. 19. This Agreement and everything contained in it is binding upon the parties and shall extend to and bind the respective successors and assigns of the parties. 20. It is hereby understood and agreed between the parties hereto that the terms and conditions set forth herein embrace the whole terms and conditions of the Agreement entered into by the parties and supersede and take the place of any previous agreements or representations of any kind, written or verbal, previously paid by anyone whether an agent or employee of a party or not, in reference to the terms addresses herein or which in any way affect the building or equipment of which the Pedways form part. 21. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. THE REMAINDER OF THIS PAGE TO BE BLANK INTENTIALLY WOWS /Y 21 A 22. The Laws of the province of New Brunswick shall govern this Agreement. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED) In the presence of ) FORTIS PROPERTIES Per: � / R✓1 pq Ce, C THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 22 ianaroea T,,�� Initials I ter...,,, SCHEDULE "A" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY HALL PEDWAY FOR THE PERIOD JANUARY 1, 2014 TO DECEMBER 31, 2014 SERVICES PER ANNUM MONTHLY Cleaning Jan to Dec 2014 $1,677.78 $139.82 based on 702 sf @ 2.39 /psf 7 days per week Security Office Lobby Desk - 24 hr service Based on $14.72 per hour Jan to May and $32,949.40 $2,745.78 $15.16 June to Dec 3 hrs per day Window Cleaning Exterior two per year @$200 ea $400.00 $33.33 Interior per month @$75 ea $900.00 $75.00 Monitoring Sprinker /Fire Protection Systems $1,300.00 $108.33 Sub Total $37,227.18 $3,102.27 15% Administration Fee $5,584.08 $465.3 4 Sub Total $42,811.26 $3,567.60 HST $5,565.46 $463.79 TOTAL $48,376.72 $4,031.39 Cost breakdown for Security Services, City Market Pedway /Pavilion & City Hall Skywalk Pedway to City Hall Security 2nd guard is required till 1 am due to pedway hours - (without pedway only one guard would be required) as Centre would be locked down at 7pm Mon, Tues, Wed, Sat 10 1pm, Thurs & Fri and locked Sunday) ie additional guards required and reflected in billings to City are: 6 hrs per day x Mon, Tues, Wed & Sat 24 hrs /week 3 hrs day x Thurs. and Fridays 6 hrs /week 19 hrs day x Sundays 19 hrs /week 49 hrs /week x 52 weeks Assume Sunday shopping December 1 month x 5 hrs /Sunday = 20 hrs 2,548 hrs /yr -20 hrs /vr 2,528 Recognizing value of pedway additional hrs to Delta, Brunswick Square and City amount to be cost shared at 50% each City share = 1/2 of 2,528 hrs 1,264 hrs /yr + 936 hrs for regular patrols shopping centre ( 3 hrs per day) 2,200 hrs yr total to City City Costs 915 hrs x $14.72 + 1,285 hrs x $15.16 = $32,949.40 per annum or $2,745.78 per month Initials 23 SCHEDULE "B" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY MARKET PEDWAY FOR THE PERIOD JANUARY 1, 2014 TO DECEMBER 31, 2014 SERVICES PER ANNUM MONTHLY Cleaning Deleted in 2009 and City staff to maintain cleaning Security Office Lobby desk - 24 hrs per day Based on $14.72 per hour Jan to May and $16,351.44 $1,362.62 $15.16 June to Dec Monitoring Sprinker /Fire Protection Systems $1,200.00 $100.00 Window Cleaning Deleted in 2009 and City staff to maintain windows Sub Total $17,551.44 15% Administration Fee $2,632.72 $20,184.16 HST $2,623.94 TOTAL $22,808.10 24 $1,462.62 219.39 $1,682.01 218.66 $1,900.67 L6L-j REPORT TO COMMON COUNCIL M &C - 2014 June 23, 2014 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Mud, Sweat and Tears 2014 - Rockwood Park. BACKGROUND: The City of Saint John Founded by Canada's own Adventure Architects, a professional sports marketing and event management company, the one -day, spectator friendly event challenges participants stamina, mental fitness and strength with a number of adrenaline fuelled obstacles including: ropes, climbing walls, steep ascents, ice baths and all things mud. Extreme obstacle course racing is one of the latest and most popular fitness trends to move everyone from high caliber athletes to routine health buffs. From ski resorts and famous landmarks to urban centers, each course is chosen and designed with Canada's ultimate outdoor adventure ranges in mind. Every location surprises participants with signature obstacles that reflect the unique characteristics of each destination. Across Canada, all races are packed with equal parts intensity and difficulty while remaining achievable. MUD. SWEAT AND TEARS SAINT JOHN On Saturday August 23, 2014 hundreds of fitness buffs, runners, athletes and thrill seekers will descend on Rockwood Park in Saint John to compete in the province's first ever obstacle course put on by Mud, Sweat and Tears, Inc. - purveyors of some of the most challenging and rewarding obstacle course races in Canada (the "Event "). The race, which is set to be held in the wilderness portion of Rockwood Park, promises to deliver 12kms+ of crawling, running, climbing and negotiating everything from 100' rope traverses and vertical walls, to tunnels, mud crawls and the best of Saint John's dramatic coastal setting. The decision to host the Event in Rockwood Park will allow Saint John to show off an incredible variety of course terrain and options - from the challenging forest trails to the lakeside vistas found within the boundaries of the Park. With no other events scheduled east of Ontario during the 2014 season, Mud, Sweat and Tears Saint John will attract participants from around New Brunswick, Nova Scotia, Prince Edward Island and Maine. Registration numbers are expected to approach 1000 participants meaning the event will serve to promote Saint John as a destination for similar events in the future by highlighting our tourist attractions, local establishments, restaurants and trail systems. The introduction of Mud, Sweat and Tears to Rockwood Park comes as the result of a strong partnership between Discover Saint John and city staff. Both recognize the positive economic impact in bringing an event of this 25 Report to Common Council Mud, Sweat and Tears 2014 Page 2 of 3 magnitude to Saint John. Based on the sport tourism economic impact model a value of $114,000 in economic spin- offs is anticipated from this event which forecasts one thousand participants. REQUEST FOR IN -KIND SUPPORT Mud, Sweat and Tears has been in close contact with City staff regarding the Event and has outlined its request for in -kind support from the City as follows; • Staging area for Seacans. • Staging and storage area for obstacles pre and post -race. • Staging area for dirt /clay for mud pits and similar features. • 75 barricades for start /finish area. • Designated area for obstacle assembly. • Bobcat (or similar piece of equipment) for moving dirt. • Access to water for mud features. • On site office space for pre- registration and race headquarters. • 200 traffic cones. The City of Saint John Landscape and Park Service advises the above in -kind request can be supported. This report also reflects input and advice received from other City services such as Legal and Risk Management Services to bring Mud, Sweat and Tears to Saint John. ANALYSIS: Policy and Procedure: • Mud, Sweat and Tears will register as an extra - provincial corporation pursuant to the New Brunswick Business Corporations Act. • Mud, Sweat and Tears will enter in a license agreement with the City subject to the following terms and conditions: • Mud, Sweat and Tears shall be permitted by the City to use certain identified portions of Rockwood Park on Saturday, August 23, 2014 for the purpose of hosting the above - described Event between the hours of 6:00a.m. And 8:00p.m. • Mud, Sweat and Tears shall be permitted by the City to access certain identified portions of Rockwood Park to facilitate reasonable set -up and break -down of the Event. • Mud, Sweat and Tears shall obtain a CGL insurance policy with a limit of $5 million which identifies the Event and names the City as additional insured. The CGL insurance policy shall also include contingent alcohol coverage. • Mud, Sweat and Tears shall ensure that any of its subcontractors has liability insurance relating to their participation in the Event. • Any of Mud, Sweat and Tears' subcontractors who serve alcohol shall have alcohol liability on their policy. • Mud, Sweat and Tears' will confine consumption of alcoholic beverages to a restricted licensed area. • Mud, Sweat and Tears shall, as consideration under the license agreement, donate $2,500.00 to the Partners Assisting Local Schools (PALS) program with such funds being earmarked to support outdoor youth recreation programming at Rockwood Park. 26 Report to Common Council Mud, Sweat and Tears 2014 Page 3 of 3 • Mud, Sweat and Tears shall ensure that all necessary licenses have been obtained for the Event. • Mud, Sweat and Tears shall ensure that sufficient and adequate portable toilet facilities are available at the Event, having regard to typical requirements for such events and in keeping with any applicable health codes. • Mud, Sweat and Tears shall make appropriate arrangements for onsite security and shall also arrange for fully trained EMT standby services onsite to respond to any medical issues or injuries. • Mud, Sweat and Tears shall reinstate Rockwood Park to its pre -Event condition to the satisfaction of the City Manager or a designate thereof, failing which Mud, Sweat and Tears shall pay any costs incurred by the City to do so without dispute and within five (5) days of receipt of a written demand for such payment. Mud, Sweat and Tears shall release, indemnify and save the City of Saint John harmless from and against all actions, causes of action, claims, demands etc. that may be brought against the City arising from or in any way connected to the Event. RECOMMENDATION: The City Manager recommends the adoption of the following resolution: BE IT RESOLVED that Common Council approves the request made by Mud, Sweat and Tears, Inc. for in- kind support for an event to be held in Rockwood Park on Saturday, August 23, 2014 entitled Mud, Sweat and Tears Saint John, as more fully outlined within this report; and BE IT FURTHER RESOLVED that Common Council directs the City Solicitor to prepare a License Agreement between the City and Mud, Sweat and Tears, Inc., which covers the conditions identified in the within report respecting the event to be held in Rockwood Park on Saturday, August 23, 2014 and that the Mayor and Common Clerk be authorized to execute said License Agreement; and BE IT FURTHER RESOLVED that Common Council directs the City Solicitor to prepare a Release and Indemnity in the City's standard form that Mud, Sweat and Tears, Inc. shall be obligated to execute for the benefit of the City respecting the event to be held in Rockwood Park on Saturday, August 23, 2014. Respectfully submitted, Kevin Watson, BPE Recreation Manager (: - ITI�_ Jacqueline Hamilton, MCIP, RPP Commissioner of Growth and Community Development Services GC 27 Marc Doucet, BBA, D.Tech. Operations Manager, Parks and City Landscape J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2014 -96 June 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Easement for Municipal Services Civic #80 Wellesley Avenue ANALYSIS City of Saint John There is currently a 900mm combined trunk sewer running through the subject property. During a review of the file for a proposed redevelopment of the site, it was determined that the existing sewer was not protected by an easement. Given that the site was going to be redeveloped, this was an opportune time to acquire the necessary easement from the landowner in order to protect the City's rights to operate and maintain the existing sewer and to ensure that no permanent structure can be constructed overtop of the sewer. At the April 15, 2014 Planning Advisory Committee meeting, the Committee imposed conditions on the establishment and operation of the proposed gas bar and convenience store on this property. The following conditions dealt with the easement: k) The property owner must grant an easement to the City of Saint John for the existing combined trunk sewer line running through the northern portion of the property, subject to the approval of the Chief City Engineer or his /her designate; l) The easement mentioned in condition (k) must be granted to the City of Saint John prior to occupancy of the building. If Council is in agreement, the following recommendation will formalize the property rights desired by the City for the infrastructure. M &C- 2014 -96 June 16, 2014 RECOMMENDATIONS Sm 1. That The City of Saint John acquire from 3260576 Nova Scotia Limited an Easement for Municipal Services in and through the lands at civic #80 Wellesley Avenue (bearing PID #25312) for $1.00; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c 29 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager Q� N N q3 N O O cn d U) #r t' H W v L � � 0 W M ' 6-. N O r O th �r, r 30 Y O 31 Key Plan �-eb =7:10,090 Legend C' MS - EteMard+un .y mark -.r eel Q ;.MF- St.— survey marker fo—I C 1LC- Calcu1ated purl 0 RIB - Round iron b, a found EDIB- c llavre imn her M—f Q IP- Imn gpetouW Tabdmm — mirmle rvf.r.ra:a UM. drift: hh by 11-plan Notes t. All computm— perf —d aM wwO iwl, aR•Tr ar 1—[ ntha NB:J. g.phi•dmd1. pnpcYmn.r ih. Np.D:'1 ^SRS) aIipa.W aareW.i 'f —w I4cvt Bnkmnck'a :.Irve C. ab-1 s -elem. 2. Al dm.,,, M1 ere Rita dabmcra aiculot.J uyn9 a -.M-d seal. fa• wr W.r0 Be - id medal N12.. Pr dY, runs era NB -ne ammalha o- .,bi- uslrg 6N55. 4. DocunaRandpW..nhm�rd-.dW—lhoa.- af1habL kIM ar t�manlyr I., oFr 5. peuplxrW mformMim artl adNnanto.rer irb �mekpn'.:n drrwrd iron pr �B rc , rda. 6 Rdd— -m complelMnMry'_014. Purpose of Plan - To ahc':epr1,.0 1 .6 ft, ib eaanmmr !r -�v .11he Cilyaf �aml John for 1 =.mlc �l5er rxe Survey Plan Showing: Easement in Favour of The City of Saint John 80 Wellesley Avenue, Saint John, Saint John County, NB j z TS 11 2.: NB Grid Coordinate Values Pelnt E.W.2 Nanning R.—srt 2533174.111 7K464 -075 CWc 2 253.;':7.811 7YISMA -1 Calc 0.1337e,f5:38 CWc 1.1 P. : x.419 C.Ic 2.5..:',IZS -4 T :46. ;.57 Cale 257"19.5:-) 73&.361543 Calf 7 2%2 .44,51E, 7"-4521 a_4 C.lc 8 2335Y4..i,.? T?'•:3:020 CWc 9 25?.35 I.YA 736521.996 Cale fay.e , t3. 10 25K-'41A78 7364621 .,.47 CA, Dale 11 12 253::`5.54 7.:v . "241 CMc 2x'"51..217 T3646V 249 Celc Cu,`- n R'MUS. 7,6i,". Mc 6x19 ChmA QO'..° ^hp dAafmUh 21SST43' 199919 13 i-33W0.-.�'1rJ9::'.1.696 C:dt C1 %.620 595 F.%d 30921'Lx' 14 2:_ 25::'15.E22 73&:_..::843 C-Wc C3'.'3_' ,2 7.:.i46Iy- 360 CWt _416: 2:::47:,2°7 7#':,185.001 HPr4-Mpn E IP 31 Key Plan �-eb =7:10,090 Legend C' MS - EteMard+un .y mark -.r eel Q ;.MF- St.— survey marker fo—I C 1LC- Calcu1ated purl 0 RIB - Round iron b, a found EDIB- c llavre imn her M—f Q IP- Imn gpetouW Tabdmm — mirmle rvf.r.ra:a UM. drift: hh by 11-plan Notes t. All computm— perf —d aM wwO iwl, aR•Tr ar 1—[ ntha NB:J. g.phi•dmd1. pnpcYmn.r ih. Np.D:'1 ^SRS) aIipa.W aareW.i 'f —w I4cvt Bnkmnck'a :.Irve C. ab-1 s -elem. 2. Al dm.,,, M1 ere Rita dabmcra aiculot.J uyn9 a -.M-d seal. fa• wr W.r0 Be - id medal N12.. Pr dY, runs era NB -ne ammalha o- .,bi- uslrg 6N55. 4. DocunaRandpW..nhm�rd-.dW—lhoa.- af1habL kIM ar t�manlyr I., oFr 5. peuplxrW mformMim artl adNnanto.rer irb �mekpn'.:n drrwrd iron pr �B rc , rda. 6 Rdd— -m complelMnMry'_014. Purpose of Plan - To ahc':epr1,.0 1 .6 ft, ib eaanmmr !r -�v .11he Cilyaf �aml John for 1 =.mlc �l5er rxe Survey Plan Showing: Easement in Favour of The City of Saint John 80 Wellesley Avenue, Saint John, Saint John County, NB j z TS 11 2.: REPORT TO COMMON COUNCIL M &C- 2014 -097 June 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 600 Somerset Street and 55 Latimore Lake Road 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 applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Somerset 600 Somerset 14I -1" Sec. 39 To permit a Investments Street Amendment variety of com- Ltd. mercial uses, including a retail store, on the property The City of 55 Latimore Lake "RS -2" & "US" To permit a water Saint John Road "RS -2M" service and treatment facility RECOMMENDATION: That Common Council schedule the public hearings for the Section 39 amendment application of Somerset Investments Ltd. (600 Somerset Street) and the rezoning application of The City of Saint John (55 Latimore Lake Road) for Tuesday, August 32 M & C — 2014 — 097 - 2 - June 16, 2014 5, 2014 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jacqueline Hamilton, MCIP, RPP Commissioner Growth and Community Development Services J. Patrick Woods, CGA City Manager JH/r 33 REPORT TO COMMON COUNCIL M &C2014 -103 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Environmental Trust Fund — Letter of Offer BACKGROUND The City of saint John The New Brunswick Department of Environment and Local Government advised The City of Saint John of its obligation to complete an Environmental Risk Assessment for the Millidgeville Wastewater Treatment Facility by December 31 St, 2015. Included in the Environmental Risk Assessment is an effluent characterization to be completed over a one year period. The recently adopted Canada -wide Strategy for the Management of Municipal Wastewater Effluent requires a site - specific Environmental Risk Assessment be performed for all municipal wastewater effluent discharging to surface water. The site specific Environmental Risk Assessment is critical in establishing effluent discharge objectives for each facility to protect human health and the receiving environment. The City of Saint John engaged NATECH Environmental Services Inc. in November, 2013 to complete the required Environmental Risk Assessment for a lump sum fee of $18,590 (plus applicable taxes). The City was advised by Department of Environment and Local Government it would be eligible to receive up to $10,000 of Environmental Trust Fund monies towards the cost of performing the Environmental Risk Assessment. Saint John Water received a letter from Hon. Danny Soucy, Minister of Environment and Local Government, Province of New Brunswick advising that our submission had been accepted and that The City of Saint John would receive $10,000 support towards the expense of performing the Environmental Risk Assessment. In order to receive the funds under this program, it is necessary for the Mayor and Common Clerk to sign the Letter of Offer (copy attached). 34 M &C2014- 103 June 23, 2014 Page 2 RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to sign the attached Environmental Trust Fund Letter of Offer for Environmental Risk Assessment, Millidgeville Wastewater Treatment Facility — Saint John (Project No. 140004). Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment 35 ENVIRONMENTAL TRUST FUND LETTER OF OFFER Re: Environmental Risk Assessment, Millidgeville Wastewater Treatment Facility - Saint John Project No.: 140004 The goals of this project are consistent with ongoing departmental initiatives and as such will contribute to important environmental objectives. Designated staff within the Department of Environment and Local Government (ELG) will be following the project to ensure that the outcomes are properly incorporated into appropriate departmental program areas. With respect to your application to the Environmental Trust Fund (ETF), an offer of financial assistance is hereby authorized by the Department of Environment and Local Government, hereafter referred to as the "Department" for the project herein contained subject to the following conditions. For the purposes of this project, the project costs are as follows: Eligible Project Costs: $10,000 • the project must follow Part A of "Technical Supplement 3 - Standard Method and Contracting Provisions for the Environmental Risk Assessment" of the Canada -wide Strategy for the Management of Municipal Wastewater Effluent ( http: / /www.ccme.ca/ ourwork /water.html ?category _ id =81). • must work closely with Department staff - Tony Whalen Ineligible Project Costs: In addition to the foregoing, this offer is subject to the following terms and conditions: This offer is governed by the laws of the Province of New Brunswick. 2. No contributions shall be made by the Department from the ETF with respect to any costs incurred other than the eligible project costs. The Department may approve eligible costs other than those set out above, but no costs except those specifically approved in writing by the Department will be considered eligible project costs for the purposes of this offer. The total Environmental Trust Fund contribution to the project will not exceed the original Environmental Trust Fund award. 3. No changes shall be made in the scope, specifications and budget of the project without written consent from the Department. 4. A mandatory interim progress report is to be submitted by October 31" 2014 (see attached). All 36 financial claims received after this date will not be processed until the interim progress report has been received. Upon receipt of an award letter from the Department and upon acceptance of this Letter of Offer, the proponent may request an ongoing advance of funds for the approved project. The maximum advance that may be provided is 20% of the total award, or an amount mutually agreed to by the proponent and the Department. This amount does not have to be accounted for until the end of the project. 6. A signed letter or invoice explaining the reason for the advance request must be sent to the Departmental contact (Levis Theriault) in order to receive an advance. The letter must also indicate the proponent's name and complete mailing address. 7. Financial claims requesting re- imbursement for expenditures may be submitted as required; for example, at defined time intervals, upon completion of the project or a phase thereof. Each financial claim for payment under the ETF must be submitted using the attached Detailed Claim Form to summarize expenditures and indicate the total amount requested, name of the project and contact information. Photocopies of all paid invoices and photocopies of proof of payment, such as cancelled cheques, bank statements, receipts, must be included to support the request. Signed claim forms with related invoices and proof of payment can be emailed to etf- ffe @gnb.ca 8. At the end of the funding period, there will be a 10% holdback of project funding until a final report and all financial back -up, including proof of expenditure of any advance, has been received by the Department. A signed request must be submitted to the Departmental contact (Levis Theriault) before the 10% holdback will be paid. No claim shall be paid after March 31, 2015. 9. The project must be completed and all invoices must be dated no later than March 31, 2015 and the financial claim received by the Department no later than March 31, 2015. No claim shall be paid if received after that date. 10. A final report must be provided to the Department by March 1, 2015. The report must include a description of the project, how it was carried out and also elaborate on the project results and the measures of success. 11. Any written material developed and printed for public distribution that promotes responsible environmental activities that may have regulatory requirements must be reviewed by the Department prior to publication. 12. In the event of an intentional breach of any of the terms and conditions of this Letter of Offer by the proponent, no further contributions shall be made by the Department and all previous payments shall be returned to the Department within 30 days of written notification to that effect. 13. The New Brunswick Wordmark and the slogan "Your Environmental Trust Fund at Work" shall be displayed in a prominent location on all documents, signage and other printed media related to the project. The logo can be found at: http: / /www2.gnb.ca/content/gnb /en/departments /government services /logos_symbols.html 14. The project site shall be accessible to Departmental staff on a continuing basis. Project records shall be made available to the Department for the purposes of auditing the financial records at a time mutually agreed upon. All records must be retained for audit purposes for a period of seven years following final payment on the project. 37 15. The proponent must receive prior approval for any public announcement concerning the project, from the Department of Environment and Local Government. 16. The proponent shall indemnify, defend, and save harmless the Province of New Brunswick, its Ministers, officers, directors, employees, agents, successors and assigns, from any and all losses, claims, demands, suits, costs and expenses of whatever nature and description arising from or in connection with the proponent's breach of this contract, or the proponent's negligence or willful misconduct, or a third —party claim arising out of the proponent's performance under this contract. 17. This offer is to remain open until August 31, 2014. To indicate your acceptance, please return this Letter of Offer, signed by an authorized person to Andr6 Chenard, Department of Environment and Local Government, PO Box 6000, Fredericton, NB E3B 5H1. It is important to note that any form of conditional acceptance of this offer renders the offer null and void. Phil LePage Deputy Minister, Department of ronme This offer accepted this day of Signature of proponent Name and title of proponent (please print) Group name and address Witness: Signature of witness Name and title of witness (please print) and Local Government (month) (yea') REPORT TO COMMON COUNCIL M &C2014 -98 June 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: City of Saint John SUBJECT: Research Agreement between the University of New Brunswick ( "UNB ") and The City of Saint John ( "City ") PURPOSE The purpose of this report is to present the Research Agreement (the "Agreement ") to Common Council for its consideration. BACKGROUND UNB approached the City with an offer to provide assistance to the project team working on the Safe Clean Drinking Water Project (the "Project "). The fact that the Project is being delivered as a public - private partnership provided an opportunity for UNB to learn in a real project environment. UNB is to provide a PhD student to work with the project team during procurement, and in exchange, the City will grant UNB access to the project office to investigate the Project delivery methodology being utilized for the drinking water project. The PhD student, under the supervision of the principal investigators and the Project Manager, shall be authorized to participate in daily activities of the project team. The PhD student's participation will provide a motivating case for research on the general topic of financial aspects of public - private partnership projects for municipal infrastructure. UNB's participation will provide a source of information and knowledge for a detailed case study in the future development of curriculum on the topic of public - private partnership projects to support the delivery of undergraduate civil engineering courses at UNB. The PhD student will develop a thesis report and other research deliverables that the City will have access to for its records and future project management. 39 M &C- 2014 -98 -2- June 16, 2014 A formalized contract is required to clarify the duties and responsibilities of the City and UNB. The City Solicitor's Office prepared the attached agreement. Common Council will notice that certain names have been redacted from the Agreement, that is, the names of the PhD student and the principal investigators. The names have been redacted in order to comply with the requirements of the Right to Information and Protection of Privacy Act (New Brunswick). FINANCIAL IMPLICATIONS The City shall not pay UNB any fees or contribute any funding or pay any expenses towards the services provided by UNB under the terms and conditions of this Agreement. UNB shall provide all necessary funding in order to fulfill its entire academic and research objectives under the terms and conditions of this Agreement. RECOMMENDATION That the following resolution be adopted by Common Council: RESOLVED that the City enter into the Research Agreement with The University of New Brunswick, with respect to the performance of a research project on the general topic of financial aspects of public - private partnership projects for municipal infrastructures, the text of which accompanied the City Manager's correspondence in this matter to Common Council dated June 23rd, 2014; and further that the Mayor and Common Clerk be authorized to execute the aforesaid Research Agreement. Respectfully submitted, Dean Price, P. Eng. Project Manager, Safe Clean Drinking Water Project Wm. Edwards, P. Eng. Commissioner, Saint John Water J. Patrick Woods, CGA City Manager .m RESEARCH AGREEMENT This Research Agreement (the "Agreement ") made in triplicate effective as of the day of May, 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 called the "City" OF THE FIRST PART -AND- THE UNIVERSITY OF NEW BRUNSWICK, a comprehensive post- secondary institution chartered by the Province of New Brunswick in 1968, offering undergraduate and post - graduate academic programs, and with campuses in Fredericton and Saint John, New Brunswick, Canada, hereinafter referred to as "UNB" OF THE SECOND PART The City has been working on the development of a major water supply infrastructure project called the Safe, Clean Drinking Water Project. The City and UNB wish to enter into this Agreement whereas � a PhD student at UNB ('�) is to perform the research project in accordance with the terms and conditions of this Agreement. M under the supervision of the Principal Investigators and the Project Manager, shall be authorized to participate to daily activities of the project team; _ participation will provide a motivating case for research on the general topic of financial aspects of public - private partnership projects for municipal infrastructures; _ participation will provide a source of information and knowledge for a detailed case study in the future development of curriculum on the topic of public - private partnership projects to support the delivery of undergraduate civil engineering courses at UNB; Common Council on [ *], 2014 resolved that: (a) [• Enter resolution] NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreement herein contained, and subject to the terms and conditions set out in this Agreement, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND GENERAL PROVISIONS 1.1 No Indemnities from the City (1) Notwithstanding anything else in this Agreement, 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 Agreement or at any time during the Term or any extensions thereof, shall be void and of no legal effect. Page 1 41 3.2 No Partnership, Agency etc. (1) UNB 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. UNB shall not hold itself out as an agent, partner or employee of the City. (2) The City shall have no power or authority to bind UNB or to assume or create any obligation or responsibility, express or implied, on behalf of UNB. The City shall not hold itself out as an agent, partner or employee of UNB. (3) Nothing in this Agreement shall have the effect of creating an employment, partnership or agency relationship between the City and UNB (or any of the UNB's directors, officers, employees, agents, partners, professors, students, or affiliates). 3.3 Acts and Omissions (1) UNB acknowledges and agrees that it is liable for the acts and omissions of its directors, officers, employees, agents, partners, affiliates, and students. This paragraph is in addition to and not in derogation of any and all of the UNB's liabilities under this Agreement and under the general application of Applicable Law. (2) UNB shall advise those individuals and entities, for whom it is responsible of its obligations under this Agreement and, without limiting the generality of the foregoing, shall take all appropriate action to ensure compliance with this Agreement, including, without limitation, section 3.5 and the provisions in Article 6 of this Agreement. (3) In addition to any other liabilities of UNB pursuant to this Agreement or otherwise at law or in equity, UNB shall be liable for all Claims arising from any breach of this Agreement resulting from the actions of the individuals and entities, as provided in subsection 3.3(1). 3.4 Change of Control (1) In the event that there is a change of control with the Principal Investigators, UNB shall immediately disclose such change to the Project Manager and shall comply with any terms and conditions subsequently prescribed by the Project Manager resulting from the disclosure. 3.5 Conflicts of Interest (1) Notwithstanding and in addition to the foregoing, both parties shall: (a) Avoid any Conflict of Interest in the performance of its contractual obligations under this Agreement; (b) Disclose without delay any actual or potential Conflict of Interest that arises during the performance of their contractual obligations, including work done for any other party during the course of this Agreement; and (c) Comply with any requirements prescribed by Applicable Law to resolve any Conflict of Interest. (2) 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 Agreement upon giving notice to UNB where: (a) UNB fails to disclose an actual or potential Conflict of Interest; (b) UNB fails to comply with any requirements prescribed by the City to resolve a Conflict of Interest; or (c) UNB's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Agreement. ARTICLE 4 RESEARCH DESCRIPTION 4.1 Research Deliverables (1) The research deliverables for the Project relating to the Safe, Clean Drinking Water Project are described as follows: Page 3 42 6.2 Confidential Information (1) During and following the Term, UNB for itself and on behalf of its directors, officers, employees, agents, partners, affiliates, or students, shall and shall cause each of them to: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only the Principal Investigators, _ or any other individual performing work under this Agreement, who have a need to know it in order for UNB to perform the Project; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Project, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) the written approval of the Project Manager; and (ii) in respect of any City Confidential Information relating to any third party, the written consent of such third party; (d) Provide City Confidential Information to the Project Manager on demand; and (e) Return all City Confidential Information to the Project Manager on or before the termination or the expiry of the Term, with no copy or portion kept by UNB. UNB shall ensure that its Principal Investigators, _ or any other individual performing work under this Agreement who have been provided with City Confidential Information will keep all City Confidential Information confidential and secure in accordance with the requirement of this Agreement and ensure that all such City Confidential Information be returned to the City before the termination or expiry of the Term. (2) Each individual who will be provided with City Confidential Information or work on the Project, must complete the Confidentiality Agreement and return the said agreement signed to the Project Manager within five calendar days after the Effective Date or prior to receiving any City Confidential Information or commencing work on the Project. For greater clarity, in no event will an individual be provided with any City Confidential Information or work on the Project, if the individual has not signed and returned the Confidentiality Agreement to the Project Manager. 6.3 No Copying (1) UNB shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Project. On each copy made by UNB, UNB must reproduce all notices which appear on the original and treat each copy of City Confidential Information as if it were the original. UNB shall ensure that those of its Principal Investigators, _ or any other individual performing work under this Agreement who have been provided with City Confidential Information, shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Project and shall ensure that any such person must reproduce all notices which appear on the original and treat each copy of City Confidential Information as if it were the original. 6.4 Iniunctive Relief (1) UNB acknowledges that a breach of any provisions of this Article 6 may cause irreparable harm to the City or to any third party to whom the City owes a duty of confidence, and that the injury to the City or to any third party may be difficult to calculate and inadequately compensable in damages. (2) UNB agrees that the City is entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Article 6. (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 Agreement where UNB fails to comply with any provisions of this Article 6. Page 5 43 Project under this Agreement by UNB, the Principal Investigators or M. 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 shall include the City and the City's agencies and their respective councillors, commissioners, board members, officers and employees as additional insureds with respect to liabilities arising out of the Project by UNB. 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 ten million dollars ($10,000,000) any one accident or occurrence subject to a general aggregate limit of not less than twenty million dollars ($20,000,000) any one annual period; and (c) Automobile Liability Insurance covering owned, leased or operated licensed motor vehicles used in connection with the work of the Project by UNB, the Principal Investigators or M. 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 five million dollars ($5,000,000) combined single limit for injury, death or property damage resulting from each accident or occurrence. 8.2 Periodic Review of Insurances (1) At any time during the Term or any extensions thereof, the City may review the insurance requirements set out in section 8.1 of this Agreement and notify UNB of any amendments to the minimum limits, coverages, types of insurance, policy forms, and administrative requirements, and the proposed effective date for these amendments, as well as the Person who is responsible to purchase and maintain specific insurances, for the insurances contemplated in section 8.1 of this Agreement. Any matter that cannot be resolved by the Parties, acting reasonably and in collaboration with each other, shall be referred for Dispute Resolution. 8.3 UNB Indemnit (1) Subject to subsection 8.3(2) hereof, but notwithstanding any other clauses herein, UNB 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 Agreement 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 UNB's negligence, errors or omissions or that of the Persons for whom it is responsible at law. For greater clarity, this provision is only applicable to negligence, errors and omissions caused by UNB. (2) In no event shall the UNB be obligated to indemnify the City in any manner whatsoever in respect of any Claims, or other Proceedings caused by the negligence of the City, or any person for whom the City is responsible. 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 Agreement, or the extent to which UNB may be held responsible for payments of damages to persons or property. ARTICLE 9 TERMINATION AND DEFAULT 9.1 Termination on Notice (1) The City reserves the right to terminate this Agreement, without cause, upon ten calendar days' prior written notice to UNB. 9.2 Obligations on Termination (1) UNB 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 Agreement and at law, return to the City any City Confidential Information and any other information requested by the City pertaining to the provision of the Project and performance of this Agreement. Page 7 ii (2) 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 Agreement or the Project or any part of them; and Applicable Laws shall have a corresponding meaning. (3) 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 Agreement. (4) City means The City of Saint John, New Brunswick. (5) City Address means 15 Market Square, City Hall Building, 81h Floor, Saint John, New Brunswick, E21. 41-1, Attention: Common Clerk, Telephone: 506.658.2862, Facsimile: 506.674.4214. (6) City Confidential Information means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of UNB, the Principal Investigators, _ or any other individual performing work under this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: (a) Include: (i) all new information derived at any time from any such information whether created by the City, UNB or any third party; (ii) all information (including personal information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation; and (b) Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of UNB of any duty of confidentiality owed by UNB, the City or to any third party; (ii) UNB can demonstrate to have been rightfully obtained by UNB without any obligation of confidence, from a third party who had the right to transfer or disclose it to UNB free of any obligation of confidence; or (iii) UNB can demonstrate to have been rightfully known to or in the possession of UNB at the time of disclosure free of any obligation of confidence when disclosed. (7) 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. (8) Client means any department, division, board, commission or agency of the City; and Clients shall have a corresponding meaning. (9) Common Clerk means the common clerk or the assistant common clerk of the City appointed by resolution by Common Council. (10) Common Council means the elected municipal council of the City. (11) Conflict of Interest includes, but is not limited to, (a) Any situation or circumstance where, in relation to the performance of its contractual obligations in this Agreement, the other commitments, relationships or financial interests of UNB could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of their independent judgment; or (b) Could or could be seen to compromise, impair or be incompatible with the effective performance of their contractual obligations. (12) Confidentiality Agreement has the meaning ascribed thereto in Schedule 1. Page 9 45 (25) Project means the research project to be carried out by UNB regarding the design, construction, financing, operation, maintenance, and rehabilitation in connection with the formation and implantation of a public - private partnership for the delivery of the Safe, Clean Drinking Water Project and includes the Research Deliverables. (26) Project Manager means Dean Price, P. Eng., or his designate. (27) Research Deliverables has the meaning ascribed thereto in section 4.1 of this Agreement. (28) Safe, Clean Drinking Water Project consists of the construction of a new water treatment plant, the construction of new distribution pipelines and associated storage reservoirs and upgrade of the City's water network infrastructure. (29) Schedules means the following schedules attached to and forming an integral part of this Agreement: (a) Schedule 1 (Confidentiality Agreement); (b) Schedule 2 (Dispute Resolution Procedure). (30) Term has the meaning ascribed thereto in Article 2 of this Agreement. (31) UNB Address means the Office of Research Services, P. O. Box 4400, 3 Bailey Drive, Fredericton, New Brunswick, E3B 5A3, Telephone: 506.453.4674, Fax: 506.453.3522. [End of Agreement] Page 11 M PROVINCE OF NEW BRUNSWICK COUNTY OF SAINTJOHN 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 47 Page 13 SCHEDULE 1 CONFIDENTIALITY AGREEMENT SAFE CLEAN DRINKING WATER PROJECT To: The City of Saint John City Hall Building P. O. Box 1971 Saint John, New Brunswick E2L4L1 The undersigned acknowledges that as a result of his /her participation in the Safe, Clean Drinking Water Project relating to a public - private partnership (the "Project') which involves the construction of a water filtration treatment facility and a number of system infrastructure projects necessary for treatment implementation, including industrial separation and water use efficiency, he /she will become aware of certain confidential and proprietary information of The City of Saint John (the "City "). The undersigned also acknowledges that, despite its confidential or proprietary nature, such information may not be marked or identified as proprietary or confidential. Therefore, the undersigned agrees to maintain in confidence and not to disclose, directly or indirectly, to any person, firm, corporation, consortium or other entity whatsoever any information (whether verbal, written or stored or communicated in any other form or medium whatsoever) which he /she receives as a result of his /her participation in the Project ( "Confidential Information ") or use any Confidential Information for any purpose other than properly participating in the Project and the research project between UNB and the City. The undersigned acknowledges that a breach of this Confidential Agreement (the "Agreement') will result in immediate and irreparable harm to the City, which monetary damages cannot adequately remedy. Accordingly, the undersigned agrees that the City will be entitled to obtain an injunction to prevent any such breach. It is understood that the confidentiality obligations contained herein are subject to any disclosure required by law. It is also understood that information relating to the Project which forms part of the public domain shall not be considered Confidential Information for the purposes hereof provided that such information did not enter the public domain as a result of a breach of this Agreement or a breach of any similar confidentiality obligations owed to the City by another party. Lastly, it is understood that the disclosure of Confidential Information to other participants in the Project or the research project between UNB and the City who have also signed a confidentiality agreement with the City shall not be considered a breach of this Agreement provided that such disclosure may be made only for the purpose of properly participating in the Project or the research project between UNB and the City. The undersigned agrees that any such disclosure will be on a need to know basis only. Signature Name: Title: Company Name & Address: University of New Brunswick Office of Research Services P. O. Box 4400 3 Bailey Drive Fredericton, New Brunswick E3B 5A3 Telephone: 506.453.4674 Te lecop ie r: 506.453.3522 Date Page 15 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 UNB, 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 UNB, 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 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 any time 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. Page 17 WO REPORT TO COM-MON COUNCIL M &C2014 -104 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Groundwater Supply Exploration Project Phase II, RFP for Additional Production Scale Test Well Development BACKGROUND: il�+%1 City of Saint John Council approved the exploration of a groundwater source on July 16, 2012 (M &C 2012 -178) as a possible means to reduce the overall cost of the SCDWP. A desktop study completed in 2012 reduced potential target areas from five (South Bay, Little River, Black River, Nerepis & Musquash) to two (South Bay & Little River) locations showing the highest potential. The remaining areas were not included in the field exploration program due to their distance from existing infrastructure and associated costs to construct this infrastructure. Field exploration was completed in 2013 and included hiring well drilling and geotechnical firms, as well as seismic refraction surveying, and, groundwater sampling for chemistry age dating analysis. The first stage of field exploration determined the Little River area could not provide the quantity of groundwater required for all for the east side demand of approximately 80,000,000 litres per day (80 ML /day). As a result, further exploration in the Little River area was placed on hold. However, exploration and testing in the South Bay area provided results indicating high potential for a groundwater source having sufficient quantity and quality groundwater to supply the west side of the City. ANALYSIS The South Bay field exploration program included drilling and brief field testing of six 150 mm diameter test wells, construction, development and hydraulic testing of a 406 mm diameter production scale test well (PSW 13 -12), drilling of one geological borehole, and collection of groundwater samples for chemistry analysis and age dating. 50 M &C- 2014 -104 -2- June 23, 2014 Water quality lab results have been consistently good indicating that, in the short term at least; the only treatment requirement would be chlorination. However it should be noted that although water quality analysis results from PSW 13 -12 are very favorable, experience in development of hydrogeologically similar well fields has shown that Iron and/or Manganese concentrations can increase with time and pumping, thus requiring additional treatment, but not in all cases. Continuous pumping (9 ML /day) and sampling of the Production Scale Well (PSW 13 -12) over the last 5 months has been encouraging. Numeral Flow Modeling of the South Bay aquifer at present appears to suggest that 9 ML /day pumped from one well is sustainable and that drawdowns are not expected to drop below sea level (i.e.: no salt water intrusion). Looking forward, the numerical model suggests that the South Bay aquifer could sustain a withdrawal of 18 ML /d or higher. Although the water modeling predictions are encouraging, the model is based on the pump test data from only one well. Therefore, it cannot be said with certainty, sufficient potable water exists in the aquifer to fully supply West Saint John without proceeding with the testing of additional PSWs. Continued long term pumping from PSW 13 -12 during the construction and testing of two additional PSWs is expected to further refine the numerical model of the South Bay aquifer. This continuous pumping will provide valuable information regarding the interaction of all the PSWs and better confirm the long term viability of a high- capacity well field in South Bay. Currently the City has an agreement with the NB Department of Education to drill five test wells on Island View School property in South Bay. Of the five, three have been drilled including the PSW 13 -12. In order to continue with this next stage of the Groundwater Supply Exploration Project the drilling of up to six (6) additional test wells will be required on the above property. FINANCIAL IMPLICATIONS An estimated budget for the construction and testing of two additional PSWs, (based on estimates prepared by BGC Engineering Inc. and including scope development, tendering, permitting, additional modeling, up to six (6) 150 mm diameter pilot holes drilled in advance of the PSWs, construction of two additional 406 mm diameter PSWs and associated hydraulic & chemical testing, access roads, extension of power supply, and, the associated environmental and field monitoring work) ranges between $1,600,000 and $2,300,000 (HST included). Following the construction and long term testing of the additional PSWs, environmental approvals and wellfield monitoring & protection are required before groundwater from the PSWs is permitted to be consumed by the public. The engineering costs for these components, as well as, the design of the additional PSWs are included under the SCDWP budget. 51 M &C -2014 -104 -3- June 23, 2014 RECOMMENDATIONS Staff recommends Common Council adopt the following recommendations: 1. It is recommended that Council authorize staff to develop and issue the "Request for Proposal" for Phase II, Production Scale Test Well Development to continue on to the next stage of the Groundwater Supply Exploration Project. 2. It is recommended that long term pumping and chemical analysis of the existing Production Scale Well (PSW 13 -12) continue throughout development of the next two Production Scale Wells. 3. It is recommended that Council authorize staff to enter into discussions with The Department of Education to secure rights for additional well drilling on their property. Respectfully submitted, Gerald Mattsson, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Saint John Water 52 J. Patrick Woods, CGA City Manager Und3, ��'elinr<< Reseau Nlieux -rf"O rU May 27, 2014 To Mayor Mel Norton and Saint John Council The Fundy Wellness Network (FWN) works in collaboration with municipalities, organizations, businesses and wellness enthusiasts in the community to provide inclusive events that offer opportunities to network, educate and promote wellness to citizens in the Fundy region. During Wellness Week, October 1s'- 7t" 2014, the FWN will be building on the highly successful 2013 Jim Diers workshop by hosting Part 2: "Taking Action... YOUR Community YOUR Way ". We are bringing back Jim, an Asset Based Community Development expert, on Thursday October 2, to host an one day workshop for up to 300 participants from the communities of the Fundy region. This workshop is a great opportunity to build on your assets and the skills of your local residents to strengthen existing community initiatives and to build stronger and more sustainable communities for the future. A commitment of $500 from Saint John will help make this workshop a success; your contribution will demonstrate your support to the wellbeing of your citizens as we leverage the exciting momentum of community based actions. Along with your generous funding support, we will provide you with 2 reserved seats for elected officials. We are looking forward to working with you once again and would appreciate a reply by August 1St 2014. Sincerely, Alberta Stanton (645 -1531) Keri Flood Co- chairs Fundy Wellness Network in motion en mouvement Physical Activity - do it for life! VactiviN physique - Foites -en pour la vie! www.facebook.com /rmef.fwn w5AN.twitter.com /fwn_rmef ® fwn.rmef @gmail.com = n �SeaU �1i('iaa�rJi�4� rU [ed in Your Community Testimonials "Great day! There are a lot of amazing things going on already in the Fundy area; hopefully the momentum will continue." "Uplifted to do more reaching out to my community" "Excellent, WOW!" "Jim Diers is fantastic" "Wonderful new perspective on engaging all those around us to make this a better place to live... the day gave us a chance to see that it is possible" "Fantastic workshop with innovative ideas" "Very motivating; excellent talk. Going to try to put ideas into action" "Hope to see more events in the future" Simply Zen TV — Elaine Shannon featured Wellness Week 2013 on her Bell Aliant Community One show. In Season 2 Episode 3 we learn that it is the small efforts of passionate engaged individuals that create positive changes in our communities and they are people just like you. Watch the full episode online now at Bell: http: / /wwwl.bellaliant. net /communityone/ video /? channelld= 858a34ccl6l847f2a7Oc3e944a59017a &channelListl d= 7c4dbcf49556453a83c4396308321169 &mediald www.facebook.com /rmef.fwn Yv*AgAwitter.com /fwn_rmef ® fwn.rmef @gmail.com A& THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. LA FONDATION JEUX CANADA GAMES SAINT JOHN, INC. ` 206 King Street West, Saint John, NB E2M 1S6 (506) 6341985 June 10, 2014 His Worship Mayor Mel Norton and Members of the Common Council City of Saint John P. O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton and Members of Council: On behalf of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc. I am pleased to submit the attached Audit Report and Financial Statements of the Foundation as at December 31, 2013. This report was received and approved by the Board of Governors at a meeting held on April 8, 2014. Grants in the amount of $132,625 were awarded in 2013 to 130 individual athletes, coaches and sports organizations. A list of grants is contained in the report. Respectfully- submitted, IQIIV- \1 I Dale Knox Chairman, oard of Governors DK /Ifs 55 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. (Incorporated under the laws of New Brunswick) FINANCIAL STATEMENTS DECEMBER 31, 2013 56 TEED SAUNDERS DOYLE & COL CharWmd A"kantants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. DECEMBER 31, 2013 CONTENTS Page INDEPENDENT AUDITORS' REPORT 1-2 FINANCIAL STATEMENTS Statement of Financial Position 3 Statement of Changes in Net Financial Assets 4 Statement of Operations 5 Statement of Cash Flows 6 Notes to Financial Statements '7 - g Additional Comments of Auditors 10 Schedule of Grant Recipients 11 _ 13 57 TEED SAUNDERS DOYLE & CQ CharUftd Accmm"nb 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 TEED SAIJNTDERS D-.oE &. CO. Chartered Accountants Independent member of DFK International INDEPENDENT AUDITORS' REPORT To the Members of The Saint John Jeux Canada Games Foundation, Inc. We have audited the accompanying financial statements of The Saint John Jeux Canada Games Foundation, Inc., which comprise the statements of financial position as at December 31, 2013, December 31, 2012 and January 1, 2012 and the statements of changes in net financial assets, operations and cash flows for the years ended December 31, 2013 and December 31, 2012, 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 audits. _ We conducted our audits in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audits 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 fmancial 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 in our audits is sufficient and appropriate to provide a basis for our audit opinions. Saint John Partners Fredericton Partners Andrew P. Logan Peter L. Logan DRK Brian J. Saunders Jeffrey E. Saunders Jean -Marc Poirier 7—A o A John H. Landry Kenneth H. Kyle 1. TJ. Smith Independent Auditors' Report to the Members of The Saint John Jeux Canada Games Foundation, Inc. (cont'd) Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of The Saint John Jeux Canada Games Foundation, Inc. as at December 31, 2013, December 31, 2012 and January 1, 2012 and the results of its operations and its cash flows for the years ended December 31, 2013 and December 31, 2012 in accordance with Canadian public sector accounting standards. A, I X-C Saint John, New Brunswick April 8, 2014 CHARTERED ACCOUNTANTS 2. 59 TEED SAUNDERS DOYLE & M Charund nccommdre THE SAINT JOHN JEuX CANADA GAMES FOUNDATION, INC. STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2013 December 31 December 31 January 1 2013 2012 2012 FINANCIAL ASSETS Cash (Notes 2, 3) Accounts receivable (Notes 2, 3) Investments (Notes 2, 3, 4) $ 80,321 $ 55,172 $ 69.440 14,668 14,533 19,381 6,558,250 5,823,908 5,502,790 $ 6,6 $ 5,893,613 $ 5,591,611 LIABILITIES Accounts payable and accrued. liabilities (Notes 2, 3) $_ 12,804 NET FINANCIAL ASSETS 6,640,435 NON - FINANCIAL ASSETS Prepaid expenses - ACCUMULATED SURPLUS (Note 5) $ 61=640 435 APPR LF THE BOARD: Director $ 28,420 $ 33,683 5,865,193 5,557,928 2,538 $ 5,865,193 $ 5,560,466 TEED 3. 60 DSAUNDERS OYLE & CQ ce"tmwa n=m mt=t@ THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF CHANGES IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2013 2013 2012 ANNUAL SURPLUS FOR THE YEAR $ 775,242 $ 304,727 Decrease in prepaids ex=penses - _ 2,538 INCREASE IN NET FINANCIAL ASSETS 775,242 307,265 NET FINANCIAL ASSETS AT BEGINNING OF YEAR 5,865,193 5,557 928 NET FINANCIAL ASSETS AT END OF YEAR $ 6,640,435 $ 5.865,193 TEED SAUNDERS 61 DOYLE & COL 4. cherbmva Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 2013 IXIWD191-13-9 "Ir., Grants 2013 2012 REVENUE (Note 2) 22,593 23,033 Interest $ 116,084 $ 125,164 Dividends 85,151 61,738 Gain on disposal of investments 143,684 53,136 Other income 13,499 - Management and custodial fees (44,948) k4l,818) Miscellaneous 313,470 198.220 IXIWD191-13-9 "Ir., Grants 132,625 90,875 Administration fees 22,593 23,033 Consultant fees 3,765 3,807 Professional fees 4,260 5,277 Advertising 4,422 4,432 Office 1,441 1,259 Insurance 317 1,068 Miscellaneous 2,360 785 171.783 130,536 ANNUAL SURPLUS BEFORE NET UNREALIZED GAINS 141,687 67,684 NET UNREALIZED GAINS (Note 2) 633,555 237,043 ANNUAL SURPLUS FOR TICE YEAR. 775,242 304,727 ACCUMULATED SURPLUS - BEGINNING OF YEAR 5,865,193 5,560,466 ACCUMULATED SURPLUS - END OF YEAR $ 66 640 $_5,8 TEED SAUNDERS 562 , C� THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2013 TEED SAUNDERS 63 a 6:� 2013 2012 INCREASE (DECREASE) IN CASH OPERATING TRANSACTIONS Annual surplus $ 775,242 $ 304,727 Gain on disposal of investments (143,684) (53,136) Net unrealized gains (633,555) (237,043) Accounts receivable (135) 4,848 Prepaid expenses - 2,538 Accounts payable and accrued liabilities 1} ((5,263) (17,748) 16.671 INVESTING TRANSACTION Proceeds net of purchases (purchases net of proceeds) of investments 42,897 (30,939) INCREASE (DECREASE) IN CASH 25,149 (14,268) CASH AT BEGINNING OF YEAR _ 55,172 69,440 CASH AT END OF YEAR' $80_ 321 $ 55.172 SUPPLEMENTARY CASH I{`LOW INFORMATION Dividends received $ 85,237 $ 62,082 Interest received 116,292 126,224 TEED SAUNDERS 63 a 6:� THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 1. PURPOSE OF THE ORGANIZATION The Saint John Jeux Canada Games Foundation, Inc. (the "Foundation ") is incorporated under the laws of New Brunswick as a non -profit organization and is registered as a Canadian amateur athletic association under the provisions of the Canadian Income Tax Act and as such, is tax exempt. Its purpose is to fund training and development of amateur athletes in Canada. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES First Time Adoption of Canadian Public Sector Accounting Standards During the year, the Foundation adopted Canadian public sector accounting standards. These financial statements are the first prepared in accordance with these standards. The standards have been applied retrospectively, but resulted in no changes to beginning accumulated surplus, financial assets and liabilities. Previously, the financial statements were prepared in accordance with Canadian accounting standards for not - for - profit organizations. Investments The investments of the Foundation are held in the custody of Scotiatrust (managed by Jarislowsky Fraser Limited) and CT-.BC Melon (managed by Foyston, Gordon & Payne Inc.). The Foundation's investment strategy is to hold high quality corporate or government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices Capital Assets 1 he Foundation capitalizes all expenditures for items having an estimated useful life expectancy greater than one year and at a cost greater than $500. Revenue Reco iii n Investment income is recognized on an accrual basis. Contributed Services Volunteers contribute an indeterminable number of hours per year. Because of the difficulty of determining their fair value, contributed services are not recognized in the financial statements. Financial Instruments Policy Financial instruments are recorded at fair value when acquired or issued. In subsequent periods, financial assets with actively traded markets are reported at fair value, with any unrealized gains and losses reported in annual surplus. All other financial instruments are reported at amortized cost, and tested for impairment at each reporting date. Transaction costs on the acquisition, sale, or issue of fmancial instruments are expensed when incurred. 7 64 TEED SAUNDERS DOYLE & CQ CbwuwW Accmmmmu THE SAINT JOHN JEUY CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd) Measurement Uncertainty The preparation of financial statements in accordance with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amount of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenditure during the reporting period. Such estimates are periodically reviewed, and any adjustments necessary are reported in earnings in the period in which they become known. Actual results could differ from these estimates. An example of a significant estimate includes the recoverability of investments. 3. FINANCIAL INSTRUMENTS The Foundation 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 Foundation's risk exposure and concentration as of December 31, 2013. Currency Risk Currency risk is the risk to the Foundation's earnings that arise from fluctuations of foreign exchange rates and the degree of volatility of these rates. The Foundation is exposed to foreign currency risk on its U.S. investments. 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_ The Foundation is currently exposed to interest rate risk through the fixed income component of its investment portfolio Market . Market Cost Value Cost Value 2013 2013 2012 2012 Equities Canadian $ 1,251,995 $ 1,851,191 $ 1,230,1717 $ 1,602,119 Foreign 1.403346 2,094,767 1,452,232 1,625.648 Total equities 2,655,741 3,945.958 2.682.409 3,227.767 Bonds and debentures 2.597,286 2,548,58" 2,387,423 2,449.879 Short term investments 63.705 63,705 146,113. 146.262 Total investments $ 55 3 $ 6.5 $ 55 2 $ S 823,908 Allocated to: Unrestricted $ 1,558,250 $ 823,908 Restricted (Note 5) 5,000.000 5,000 000 $ b6 5�5� $ 5.823.908 TEED SAUNDERS 65 E CO. 8 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2013 5. ACCUMULATED SURPLUS Unrestricted Restricted 2013 2012 $ 1,640,435 $ 865,193 5,000.000 5.000,000 $ 6 640_ 43.5 $ 5 865 1_93 The restricted accumulated surplus represents the surplus funds of $2,125,797 of The Saint John 1985 Canada Summer Games Society, Inc. - La Societe Des Jeux D'Ete 1985 De Saint John, Inc. transferred to The Saint John Jeux Canada Gaines Foundation, Inc. on December 1, 1986. Under the Letters Patent incorporating the Foundation, the capital of these surplus funds was not to be spent for a period of ten years. Smce the expiration of this ten -year period in 1996, the Board of Directors have continued the restriction on the use of the capital, and have subsequently raised the limit to $5,000,000. TEED SAUNDERS DOYLE & CQ Chubwed AccmnbuM ADDITIONAL COMMENTS OF AUDITORS The accompanying Schedule of Grant Recipients is presented as supplementary information only. In this respect, it does not form part of the financial statements of The Saint John Jeux Canada Games Foundation, Me. for the year ended December 31, 2013, and hence is excluded from the opinion expressed in our report dated April 8, 2014 to the members on such financial statements. The information in this schedule has been subject to audit procedures only to the extent necessary to express an opinion on the financial statements of the Foundation and, in our opinion, is fairly presented in all respects material to those financial statements. Saint John, New Brunswick April 8, 2014 CHARTERED ACCOUNTANTS 1067 'PEED SAUNDERS DOYLE & Ca Chaetemd Accountants TAE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RECIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2013 SPRING FALL RECIPIENT SPORT PROV 2013 2013 TOTAL ABELEV, ILYA WRESTLING NB $ - $ 500 $ 500 ADAM, LAUREN SWIMMING NB - 500 500 ANNEAR, GRACE TRACK & CROSS COUNTRY NB 1,000 1,000 ARSENEAULT, LINDSAY BIATHLON NB 375 375 BANKS, TREVOR WRESTLING PEI 375 - 375 BOUCHARD, JASON TRACK & FIELD NB 750 - 750 BOUDREAU, RONALD (COACH) WHEELCHAIR BASKETBALL NB - 500 500 BRADDON, KATE SPRINT KAYAK ON 375 - 375 BRITT, BARRY ATHLETICS NB 750 750 BROWN, DANIEL TRACK & FIELD NB 375 375 BUSSE, JONATHON (COACH) WHEELCHAIR BASKETBALL NB - 500 500 CAMPBELL, KATE KARATE NB 1,500 - 1,500 CASSIDY, RYAN TRACK AND FIELD NB 1,500 - 1,500 CHOWN. TROY PARA CANOE ON 2,000 2,000 CLATTENBURG, DANIEL SPRINT KAYAK NS 1,500 1,500 CLEAVES, ALLYSSA WRESTLING NB - 1,000 1,000 COFFIN, ALEX (COACH) TRACK & FIELD NB 500 - 500 COOMBES, VERONICA PARA ATHLETICS NB - 1,000 1,000 COREY, BRENDAN SPEED SKATING NB 500 500 CORNIIER- DUPLESSIS, JACQUELINE WRESTLING NB - 500 500 COUTURE, LUKE BADMINTON NB - 1,000 1,000 DAYE- FINLEY, SHAWN WRESTLING NB - 2,000 2,000 DEAN, EIv1ILY KATHRINE AIR RIFLE NB 750 750 DEMPSEY, MEGAN WRESTLING NB - 500 500 DILLMAN, BRITTANY WRESTLING NB - 2,000 2,000 DOAK, RIKKI SPEED SKATING NB - 500 500 DOIRON, DEVIN CYCLING NB 375 - 375 DOIRON, STEPHANIE TRACK & FIELD NB - 1,000 1,000 DUMOUCHEL, DANIELLE SPEED SKATING NB - 500 500 DUNNETT, JACOB SOCCER NB 375 - 375 DUREPOS, DAVID (COACH) WHEELCHAIR BASKETBALL NB - 1,000 1,000 DUREPOS, SABRINA (COACH) WHEELCHAIR BASKETBALL NB 1,000 1,000 ELLIS, LORENA WRESTLING PEI - 1,000 1,000 EVANS, ANDREW SPEED SKATING NB - 1,000 1,000 EVANS, HEIDI SPEED SKATING NB 500 500 PAGAN, ELIZABETH WRESTLING NB - 1,000 1,000 FARQUIIL RSON, CHEYANNE (COACH) CANOE/KAYAK ON - 500 500 FLOOD, GLEN (COACH) FLAGFOOTBALL PEI - 500 500 FORESTELL, RACHEL SOCCER NB 375 - 375 FORTIN, LOUIS PARANORDIC SKI NB 1,500 1,500 FOWLER, BEN TRACK & FIELD NB 375 - 375 FOWLER, BRENDAN CANOE/KAYAK ON - 1,000 1,000 FROST, LYDIA TRACK & FIELD ON - 1,000 1,000 GAUDES, ADAM ATHLETICS NB 750 - 750 GAUTHIER, OLIVIA SOCCER NB - 500 500 GILBERT, SARAH SPEED SKATING NB - 500 500 GODIN, JEAN - FRANCOIS WRESTLING NB 750 - 750 GOLDEN, CHRISTOPHER ARCHERY NB - 2,000 2,000 GOLENIEC, NICK WRESTLING NB - 50� GOODFELLOW, ADELLE SOCCER NS 375 - SAUNMS gg DOYLE & CO. I I . C6artemd Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RFCIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2013 SPRING FALL RECIPIENT SPORT PROV 2013 2013 TOTAL GORMAN, DANIEL TRACK & FIELD NS 750 - 750 GOURLEY, BARI (COACH) GOLF NB 1,000 - 1,000 GRANT, AMY LYNN TRACK & FIELD NB 375 375 HARDY- KAVANAGH, ROWAN SPRINT PADDLING ON 375 375 HAWORTH, REBECCA ATHLETICS NS 750 - 750 HAYES. MICI- 4EL JACOB TRACK & FTFLD NB 375 - 375 HIBBERT, AUSTIN WRESTLING NB - 500 500 HIBBERT, TIFFANY WRESTLING NB - 500 500 HODGES, DREW CANOE/KAYAK ON 2,000 2,000 JONES, CALEB ATHLETICS NB - 2,000 2,000 KACZKOWSKI, KENNETH WRESTLING NB - 1,000 1,000 KEEFE, VERONICA WRESTLING PEI 750 - 750 LALONDE, GENE VIEVE ATHLETICS NB - 2,000 2,000 LANDRY, GABRIELLE BIATHLON NB 375 - 375 LEBLANC, GABRIEL (COACH) PARA ATHLETICS NB - 1,000 1,000 LEBLANC, VICTORIA TRACK & FIELD NB - 500 500 LOPARCO, SUE ELLIS (COACH) TRACKNARIOUS NB 500 500 LOSIER, MATHIEU VOLLEYBALL NB - 1,000 1,000 LOUNDER, UNA SPRINT CANOE NS 1,500 - 1,500 LUCAS, GEORGE (COACH) SOCCER NB 1,000 - 1,000 MACDONALD, COLIN (COACH) WRESTLING PEI - 1,000 1,000 MACISAAC, KENNEDY WRESTLING NB - 500 500 MACMACKIN, NICK TRACK & FIELD NB 750 - 750 MACPHERSON, SARAH TRACK & FIELD NB 750 - 750 MACRAE, TOM WRESTLING NB - 1,000 1,000 MALLET, JUSTIN CYCLING NB 750 - 750 MALTAIS, NAOMIE ATHLETICS NB 750 750 MCDONALD, RACHELLE TRACK & FIELD NB 375 - 375 MCLAUGHLIN, JOSH WRESTLING NB - 500 500 MCLAUGHLIN- CHAISSON, NATASHA (COACH) VARIOUS NB - 1,000 1,000 MWENGA, PROMISE WRESTLING NB - 2,000 2,000 PAYNE, BRADLEY SOCCER NB 375 - 375 PETERS, CELIA TRACK AND FIELD NS 375 375 PIEKARSKI, SAMANTHA DOWN HILL SKI RACING NB 500 500 POIRIER, GINO WRESTLING NB - 500 500 PORTERS- SALVETERRA. LEIGHANNE SPRINT KAYAK NS 750 - 750 QUIGG, MITCH TRACK & FIELD NB - 2,000 2,000 RAYMOND, MA DvfE JUDO NB 750 - 750 RAYMOND, MIGUEL JUDO NB - 2,000 2,000 REINDL, JASON (COACH) ATHLETICS NB - 1,000 1,000 RICHARD ZACHARIE SPRINT CANOE ON 375 - 375 RICHARD, REBECCA WRESTLING NB - 500 500 ROBERTSON, CHRIS ATHLETICS NB 750 - 750 ROBICHAUD, CHRISTEL ATHLETICS NB 500 500 ROBINSON, KATIE ATHLETICS NB I,000 1,000 ROBINSON, MIKE (COACH) CANOE /YAYAK ON - 1,000 1,000 ROSS, CAROL SYNCHRONIZE SWIMMING NB - 1,000 1,000 ROUSSEL, JULIEN CYCLING NB 1,000 1,000 RYAN, DONALD (COACH) WRESTLING NB - 1,00 SCHMIDT, EMMETT SPRINT KAYAK ON 375 - SALINDMS gg DOYLE & CO 12. Chartered Accounamte TAE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RECIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2013 SPRING FALL RECIPIENT SPORT PROV 2013 2013 TOTAL SCHMIDT, MADELINE SPRINT KAYAK ON 375 - 375 SCOTT, CHANDLER SPEED SKATING NB - 500 500 SCULLY, KRISTEN WRESTLING NB - 500 500 SEYMOUR, ALYSSA SPEED SKATING NB 500 500 SHANKS, JOSHUA ATHLETICS NB 375 375 SHORT, MATTHEW JUDO/WRESTLING NS 375 - 375 SMALLWOOD, MACKENZIE WRESTLING NB - 500 500 ST LAURENT, GRAYSON WRESTLING NB - 1,000 1,000 STEELE, JACOB CANOE/KAYAK NS 375 - 375 STEWART, SAMANTHA WRESTLING NB - 2,000 2,000 TANNER, ADAM WRESTLING NB - 500 500 THERIAU, CHRIS ATHLETICS NS 1,500 - 1,500 THERIAULT, BAILEY WRESTLING NB - 1,000 1,000 THERIAULT, BRODIE WRESTLING NB - 500 500 THOMS, ALEX WRESTLING NB 750 - 750 THOMS, CHARLES WRESTLING NB - 1,000 1,000 THURBER, MICHAEL WRESTLING NB . 500 500 TREMBLAY, PAUL TRIATHLON NB - 500 500 VALERIO, ALEXANDRA (COACH.) SOCCER NB 1,000 - 1.000 VAN SNICK, RYAN BASEBALL NB 375 - 375 VLTOZZO, JOSIE WRESTLING NB - 500 500 WATTFRS, ELLEN ROAD CYCLING NB 750 - 750 WELLS, FRASER SAILING NB 750 - 750 WHALEN, JESSIE WRESTLING NB - 500 500 WILSON, MICHAEL (COACH) WHEELCHAIR BASKETBALL NB - 500 500 WRIGHT, CHAD WRESTLING NB 500 500 ZWICKER, PATRICK (COACH) WRESTLING NB - 500 500 TOTAL INDIVIDUALS /COACHES 35,125 67,500 102,625 FUNDY MINOR FOOTBALL ASSOC INC. FOOTBALL NB - 10,000 10,000 SAINT JOHN AMATEUR SPEED SKATING CLUB SPEED SKATING NB - 10,000 10,000 SAINT JOHN TRACK CLUB TRACK AND FIELD NB - 10,000 10,000 TOTAL ORGANIZATIONS - 30,000 30,000 TOTAL GRANTS AWARDED $ 35,125 $ 97,500 $ 132,625 TEED SAUNDERS DOYLE & CO 13. ChartaW nccountmts From-.We lness Culture &Sport Io:915066744214 06/1312014 13:36 #034 P.001i010 - p,. Neuc,ledouveau June 13, 2014 Mayor Mel Norton City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Your Worship: Three paleontological sites have been nominated by the Stonehammer Geopark for designation as Provincial Heritage Places under the Heritage Conservation Act. Municipally owned properties have been identified for each site as appropriate commemorative locations. The three paleontological sites are referred to as, Ratcliffe Brook Fossil site, Green Head Fossil site and t=ern Ledges Fossil site. Information on each of these places is attached. Currently there are eleven Provincial Heritage Places designated in the City of Saint John (see attached list). Provincial Heritage Place designations for these paleontological sites will raise the recognition and awareness of the heritage value of these sites. Under the Heritage Conservation Act, as known paleontological sites, these areas are presently subject to a permitting process to undertake research and to undertake work that would affect or impact paleontological resources. The way the process under the Act is set- up, designation as a Provincial Heritage Place would not add to these existing permitting requirements, Staff from the Heritage Branch of the Department of Tourism Heritage and Culture has met with City staff to discuss these designations. The Heritage Branch is now asking City Council to support this request for designation as Provincial Heritage Places. Designation of a Provincial Heritage Place is based upon a document referred to as a Statement of Significance. Attached is a Statement of Significance for each nomination. If the nomination requests are approved by the Minister of Tourism, Heritage and Culture, a notice of intention of Designation is published. For a period of 30 days, objections can be submitted to the Minister. If no objections are received during the period, the Minister may then issue Designation Notices for the Provincial Heritage Places. W, Tourism, Heritage & Culture ! Tourisme, Patrimoine et Culture P.O. Box 5000, Fredericton, IVES E3B 5H1 IC-P, 6000, Fredericton (Nouveau - Brunswick) E38 5H3 www.gnb,Cd Tele.lTd.506 -453 -2324 FaxI7616c.506- 453 -2416 R40 ,w rrom:Wellness Culture &Sport To:916066744214 06/73/2014 13:37 #034 P.002/010 Mayor Mel Norton June 13, 2014 Page 2 We trust this initiative meets with your approval, and await your reply. Heritage Branch staff are available to provide further information or clarification that may be required. .3 Bill Hicks Director Heritage Branch Enclosure Tourism, Heritage & Culture 1 Tourisme, Palrimoine at Culture P.O. Box 6000, Fredericton, NB E3B 5H1 I C.P. 6000, Fredericton (Nouveau - Brunswick) £32 5H1 Tele.rr6l.506 -453 -2324 FaxITL516c.506- 453 -2416 72 From:Wellness Culture &Sport To:915066744214 06/13/2014 13:37 #034 P.003I010 Statement of Significance Ratcliffe Brook Fossil Provincial Heritage Place Description of the Historic Place The Ratcliffe Brook Fossil Provincial Heritage Place is situated about 25 kilometres northeast of Saint John, north of the junction of Upper Quaco Road and Otter Lake Road. The site consists of a fossil - bearing shale and sandstone rock outcrop along the Ratcliffe Brook gorge. The rocks are Late Precambrian to Cambrian age, about 550 to 515 million years old. Heritage Value The heritage value of the Ratcliffe Brook Fossil Provincial Heritage Place lies in its historical significance resulting from its place in the history of middle 19th century exploration of Cambrian rocks in North America. The site is the first place in Canada where Cambrian trilobite fossils were discovered and described. The lowest Cambrian rocks form the stratotype section for the Ratcliffe Brook Formation designated by A.O. Hayes (Geological Survey of Canada) and B.F. Howell (Princeton University) in 1937. 73 FromAellness Culture &Sport To:915066744214 06/13/2014 13:41 f034 P.004/010 The heritage value of the Ratcliffe Brook Fossil Provincial Heritage Place is also linked to the eminent scientists who were associated with the site. The Cambrian fossils were discovered in 1863 during a geological survey conducted for the Government of New Brunswick by Professor Loring Woart Bailey of the University of New Brunswick. Bailey's field work companions at the time of the discovery were two members of a geology group called the Steinhammer Club. In 1862 Charles Frederic Hartt and George Frederic Matthew had been instrumental in establishing the Natural History Society of New Brunswick. The fossil assemblage at Ratcliffe Brook was studied and illustrated by Charles Frederic Hartt and his work was included in the 2nd edition of the classic geology text 'Acadian Geology', written by Sir William Dawson and published in 1868. Dawson was the Principal of McGill College in Montreal and one of Canada's foremost scientists. Hartt later took the specimens to the Museum of Comparative Zoology at Harvard where they were studied further by Professor Louis Agassiz. Matthew's first scientific paper concerning Cambrian trilobites from Ratcliffe Brook was published in the Transactions of the Royal Society of Canada in 1883. The scientific significance of the site is another heritage value of the site. The fossil record recovered from the Ratcliffe Brook Fossil Historic Site is preserved in numerous museum collections including the New Brunswick Museum, the Museum of Comparative Zoology, Cambridge (Massachusetts) and others. A publication record of the geology of Ratcliffe Brook and fossil descriptions, document the scientific significance of the site_ Source: Department of Tourism Heritage & Culture, Palaeontological Site File # 1640. Character - Defining Elements Character -Defining Elements which characterize the heritage value of the Ratcliffe Brook Fossil Provincial Heritage Place include- - the stratotype section for the Ratcliffe Brook Formation designated by A.Q. Hayes (Geological Survey of Canada) and B.F. Howell (Princeton University) in 1937- - the integrity of the site which preserves the outcrop; - the relatively undeveloped natural setting of the site; - the potential for future research at the site. 74 From:Weliness Guiture &Sport To:915066744214 06/13/2014 13:41 #034 P.0061010 Statement of Significance Green Head Fossil Provincial Heritage Place Description of the Historic Place The Green Head Fossil Provincial Heritage Place is a Precambrian age marble outcrop between 700 and 1200 million years old. Located in Saint John's Dominion Park on the northwest corner of Green Head Island, fossils occur both along the Saint John River shoreline and across the peninsula bounded by Green Head Cove and an un -named cove. This Provincial Heritage Place is commemorated with a plaque mounted on a monument situated in Dominion Park Heritage Value The heritage value of the Green Head Fossil Provincial Heritage Place lies in its significance as the first place in the world where a Precambrian age stromatolite fossil was discovered, its age correctly determined, and the fossil occurrence described in the scientific literature. During the 19th century, palaeontologists sought to discover fossils older than the trilobite- dominated fauna of the Cambrian Period. They recognized that earlier evidence of life must exist. The lack of fossils older than the Cambrian Period became known as 'Darwin's Dilemma'_ The first Precambrian fossil to be initially accepted was described 75 From Ae l l ness Culture &Sport To.-915066744214 06/13/2014 13:45 #034 P.0061010 in 1864 by a Canadian geologist, Sir William Dawson. Dawson, Principal of McGill College in Montreal, was one of the best -known scientists in 19th century Canada. By the 1890s the structure he named 'Eozoon canadense' was ultimately proved to be inorganic in origin. George Frederic Matthew, a member of the Natural History Society of New Brunswick and Dr. Loring Woart Bailey of the University of New Brunswick first encountered the fossils at Green Head Cove in 1870 while mapping racks for the Geological Survey of Canada, but they failed to recognize the organic origin of the structures. In 1890 Matthew was re- introduced to the site at the western cove by William Murdoch, son -in -law of Joseph Armstrong, an owner of the lime quarry at Green Head Cove. Matthew Identified and described the structures found there as fossils in 1890. His discovery is recognized as the first Precambrian stromatolite discovered and properly described in scientific literature. An heritage value of the Green Head Fossil Provincial Heritage Place is the association between the limestone outcropping and evidence of an onsite quarry that operated during most of the 1800s, including remains of lime kilns and house foundations formerly belonging to owners of Armstrong Quarry that are still evident. The scenery of this place inspired the poem 'My Own Canadian Home' published in 1887 by Edwin Nelson of Saint John. Morley McLaughlin set it to music in 1890 and it was known in the late 19th century as 'Canada's National Song'. In 1967 it became the official song of Saint John. Source: Department of Tourism Heritage & Culture, File # 1530. Character- Defining Elements Elements which characterize the heritage value of Green Head Fossil Provincial Heritage Place include: - preserved examples of the fossil type locality for the stromatolite fossil Archaeozoon acadiense; - the stromatolite reef; - the integrity of the site which preserves the outcrop in much the same state as it was originally discovered and described in 1890; - the relatively undisturbed terrain and the associated landscape which places the outcrop in the context of its original discovery; - the ability to continue managed and regulated geological research and extraction and research of fossils at the site. - the remains of historic structures (house foundation, lime kiln foundations, quarry) from the Armstrong Quarry Character - Defining Elements The character - defining elements of the Green Head Fossil Provincial Heritage Place Include: - the commemorative provincial monument and plaque located Dominion Park; - the setting of the monument in Dominion Park. 76 :rom:WW ness Culture &Sport 1'o:915066744214 06113/2014 13:45 #034 P.007/010 Statement of Significance Fern Ledges Fossil Provincial Heritage Place Description of the Historic Place Fern Ledges Fossil Provincial Heritage Place is situated on the Bay of Fundy shoreline at Seaside Park on the west side of Saint John, and west along Duck Cove. The rock outcrops parallel the shoreline and include the cliff and rock outcrops into the water as far as the lowest tide level. The rocks are Upper Carboniferous age, about 313 million years old. The designation is limited to the monument and its footprint. This Provincial Heritage Place is commemorated with a plaque mounted on a monument situated at Seaside Municipal Park. Heritage Value The heritage value of the Fern Ledges Fossil Provincial Heritage Place is based on the significant, world- famous fossil biota and the history of the site, both as the place where the Natural History Society of New Brunswick was `born' and for the scientific controversy that developed surrounding the age of the rocks and fossils. 77 From:Wellness Cu'ture &Sport To:915066744214 06/1312014 13:49 #034 P.0081010 When the fossils were initially described from 1860s to the 1880s the rocks were considered to be Devonian age and the rare insect fossils discovered were believed the oldest in the world. Members of a geology group tailed the Steinhammer Club in Saint John, in particular Charles Frederic Hartt and George Frederic Matthew, conducted the first palaeontological work. Recognition of their efforts by Sir William Dawson, Principal of McGill College in Montreal, resulted in the establishment of the Natural History Society of New Brunswick. In 1900 the rocks were formally designated the Lancaster Formation by H.M. Ami of the Geological Survey of Canada_ In about 1910 the Geological Survey of Canada engaged the services of Marie Carmichael Stopes to examine plant fossils from the Fern Ledges to resolve a long- standing debate over the age of the rocks_ Stopes, best known as a pioneer in the field of family planning, published a classic paleobotanical monograph in 1914 based on her work at the Fern Ledges site. This site records a coastal forest environment of the 'Coal Age' ecosystem. There is heritage value in the extensive and important scientific literature documenting the geology and palaeontology of the site. There is heritage value in the large fossil collections documenting abundant plants, rare arthropods and remains of one of the earliest land snails in museum collections in the New Brunswick Museum, the Redpath Museum, Montreal, the Geological Survey of Canada, Ottawa and other museums in North America and Europe. Source: Department of Tourism Heritage & Culture Site Fife # 1647 Character- Defining Elements Elements which characterize the heritage value of the Fern Ledges Fossil Provincial Heritage Place include: - the commemorative provincial monument and plaque; - the setting of the monument in Seaside Municipal Park. From:Wellness Culture &Sport To:915066744214 06/1312014 13:49 #034 P.009/010 Provincial HgriF -ane Places in Saint John Search Results — Rer rric.11 4 1 Fort LaTour Saint John 124 Chesley Drive 24 City Market Saint John 47 Charlotte Street 34 Chipman Hill Properties Saint John 1, 5, 9 Chipman Hill 37 Partridge Island Saint John 54 Shaarei Zedek Synagogue /Calvin Church Saint John 76 Carleton Street Saint John Jewish Community Centre 60 No. 2 Engine House Saint John Sydney Street 75 Bentley Street Archaeological Site Sain# John 124 Bentle Street 99 Church of Saint Andrew and Saint David Saint John 164 Germain Street 100 Saint John Harbour Defensive Network Saint John Perimeter of Sain John Harbour 2112 Saint John Municipal Airport, Millidgeville Saint John 5 Daniel Street 2 8tj t✓a #hedral of the, lrnrnaculate_ orleeptlo:n-- '. Saint.toMn Kt. 9'I V efertoo eet Source: New Brunswick Register of Historic P"' laces. htt : / /www.rh -rl nb.ca /Publ!cSearch.as x ?binLan ua eEn fish =True 79 From :Wellness Culture &Sport To :915066744214 Overview Portions of three properties owned by designation as Provincial Heritage Places; • Ratcliffe Brook Fossil Site; • Green Head Fossil Site, and • Fern Ledges Fossil Site. 06/13/2014 13:50 #034 P.0101010 the City of Saint John are proposed for Designation under the Heritage Conservation Act is a means of recognizing provincial significance for the known paleontological sites which are part of the Stonehammer Geopark. Each of these sites is important for their significance pertaining to; • Scientific development and understanding of palaeontology and geology locally and on the world stage; • The role of New Brunswick scientists in the development of the science of palaeontology through these discoveries; • Sites of international, national and provincial significance. Statements of significance and locator maps are attached to this effect. What does designation mean: Ratcliffe Brook — • PIDs 00360248 and 55021844 will be designated, existing legal obligations apply; • Green Head and Fern Ledges — the designation will be limited to the monument and plaque foot print so as to allow development as the city wishes without requiring Heritage permits to undertake work. The next steps are: • obtain written support from the City of Saint John; • notice of intention to designate by the Minister; • 30 day comments /objection period; • notice of Designation by the Minister; • license of occupation for monuments on the Fern Ledges and Green Head sites prepared by the City of Saint John; • preparation of plaques and monuments by the province; installation of plaques and monuments by the province. :M JH Br,unsNwi& File #32 -105 C A N A D A June 9, 2014 Mr. Mel Norton, Mayor City of Saint John PO Box 1971, 15 Market Square Saint John NB E21, 4L1 Dear Mayor Norton: The Department of Transportation and Infrastructure is now preparing to compile its regular Program for improvements to provincially designated highways within municipalities for the 2015 construction season. We are requesting that each municipality carefully review its requirements and submit an updated Five Year Program. Your submission will be evaluated along with the needs of all 102 municipalities of the Province in the preparation of this Program. Your update should indicate the proposed priorities for 2015 as part of the Five Year Program, and list the improvements, proposed design, approximate cost and the priority of each request. Capital projects eligible for funding consideration on designated highways are from curb to curb or shoulder to shoulder, including storm sewer, curb & gutter, street reconstruction and surface treatments. The Transportation and Infrastructure District Engineer in your area will be able to assist you in preparing your priorities for 2015. Further assistance may also be obtained from Mr. Raymond Brun, P.Eng., Municipal Engineer, Design Branch, Fredericton at 462 -5112. To assist the Department in considering requests in preparation for the budget process and in coordinating the engineering design of many of these projects, your municipality is asked to update and send your Five Year Priorities to me, with a copy to the Transportation and Infrastructure District Engineer in your area, as soon as possible, but no later than July 15, 2014. Sincerely, J ROBERT SHA PE, P. Eng. Director Design Branch C.C. Clerk District Engineer Transportation and Infrastructure/Transport et Infrastructure www.gnb.ca PO Box/CP 6000 Fredericton New Brunswick/Nouveau- Brunswick E3B 5H1 Canada h S REPORT TO COMMON COUNCIL June 17, 2014 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Salty Jam City of Saint John The City has received a request from the organizers of the 2014 Salty Jam Festival to re -route traffic on that portion of Prince William Street between Princess and King Streets from 7:00 am on July 5, 2014 to 8:00 am on July 6, 2014 to accommodate their street event. As alcoholic beverages will be available during the event, the relevant bylaw requires that the Chief of Police first consider the request and then forward any particular requirements to Council. Council then makes the decision on whether or not to approve the needed traffic adjustments. Schedule S of the Bylaw identifies a series of standard requirements including the need for emergency access, security, permits, clean -up, insurance etc. The Police Department has added a requirement for an onsite policing presence to ensure public safety during the time when alcohol will be available. The event adds to the vitality of the uptown and warrants the support of the City. Recommendation THAT, pursuant to section 3 of the Traffic By -Law, the Chief of Police is hereby authorized to issue a permit allowing a street event known as the Salty Jam Music Festival and to re -route traffic on that portion of Prince William Street between Princess and King Streets from 7:00 am on July 5, 2014 to 8:00 am on July 6, 2014 to accommodate the said street event, on the following conditions: • that the street event organizers comply with the requirements of Schedule "S" to the Traffic By -Law and the terms and conditions stipulated on the permit to be issued by the Chief of Police for the street event; and • that the street event organizers obtain a proper liquor licence for the street event and provide evidence of same to the Chief of Police on or before July 5, 2014; and • that appropriate police presence, as determined by the City Chief of Police, be on site for the event to ensure public safety; and • that the street organizers pay all costs associated with proper police presence as determined by the City Chief of Police to ensure public safety at the street event." Respectfully submitted, .�. trick Woods, CGA Ci Manager PROPOSED MUNICIPAL PLAN AMENDMENT RE: 170 ASHBURN LAKE 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 70 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos, 00305128, 00298422, 00297333 and 00298182, from Rural Resource Area (outside of the Primary Development Area) and Employment Area and Urban Reserve (within the Primary Development Area), to Rural Resource Area (outside of the Primary Development Area), as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area) and Heavy Industrial and Urban Reserve (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area). [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, June 23, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the expansion of an existing quarry Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by July 23, 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, If you require French services for a Common Council meeting, please contact the office of the Common Clerk. RE PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 170, CHEMIN ASHBURN LAKE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier la d6signation, a 1'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 70 hectares, situde au 170, chemin Ashburn Lake, et portant les NID 00305128, 00298422, 00297333 et 00298182, afin de la faire passer de secteur de ressources rurales (hors du principal secteur de diveloppement) et secteur d'emploi et secteur de reserve urbaine (dans le principal secteur de diveloppement) a secteur de ressources rurales (hors du principal secteur de diveloppement), comme it est indiqu6 ci- dessous. 2. Modifier la d6signation, a ]'annexe B du plan, de la parcelle de terrain pr6cit6e, afm de la faire passer de secteur de ressources rurales (hors du principal secteur de diveloppement) et secteur d'industries Lourdes et secteur de reserve urbaine (daps le principal secteur de diveloppement) a secteur de ressources rurales (hors du principal secteur de diveloppement). [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du Conseil communal le lundi 23 juin 2014 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre 1'expansion d'une graviere existante. Veuillez faire part an conseil par 6crit de vos objections au projet de modification au plus tard le 23 juillet 2014 a l'attention du soussigne. Pour toute demande de renseignements, veuillez communiques avec le bureau du greffier communal ou le bureau du senice de la croissance et du diveloppement communautaire a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 15,00 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL. PLAN PROJET DE MODIFICATION DU AMENDMENT I PLAN MUNICIPAL RE: 170ASHBURN LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Munlclpal velopment Plan which wouldDe: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos, 00305128, 00298422, OD297333 and 00298182, from Rural Resonate Area (outrlrk of the Primary Developrnerrt Area) and Employment Area and Urban Reserve (within the Prtnwry Development Arco), to Rural Resource Area ( outride of the Primary Dev *lo ptrreat Area), as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Rum/ Resource (Outride of the Prlmory DrvelOpm¢nt Area) and Heavy industrial and Urban Reserve (*4u in the Prbnary OeveloprOwnt Arco) to Rural Resource (outride of the PrJawry Development Area). A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, June 23, 2014 in the Councif Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the expansion of an + existing quarry. Written �. objections to the proposed amendment may be made to the Council, in care of the 'r undersigned, by July 23, 2014. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, IS 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. K you require French services for a Common Council meeting, Please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658.2862 OBJET: 170, CHEMIN ASHBURNIAKE Per lea presentes, un av6 public est donne par lequel It consell communal de The Cityy of Saint John a Pintention d' €tudier la modification du plan d'amenagement municipal cdmme suit : 1. Modifier la designation, 8 I'annexe A du plan, d'une parcelle de terrain dune superficie d'environ 70 hectares, shuEe au 170, chemin Ashbum Lake, at portant les NID 00305128, 00298422, 00297333 et 00298182,afin de la faire passer de sectew de ressowrer ruraks (hws du prindpal seRew de developpement) et secteur d'emphsl et sectew de rdse- arbeine (dons k principal sectaur de dveloppement) u secteur de ressource, ruroles (hors du prindpal secteur de, d&Wappement), comma it est indique ch- dessous. 2, Modifier la designation, a I'annexe B du plan, de la parcelle de terrain precilke, afin de la faire passer de secteur de ress"wes taroks (hors du pAn0pol secteur de diveloppemeat) et secteur d'h,dustrier lourdet at —tear de Maim urbaMir (dew it principal Stettin, de d&eloppement) B secteur de ressourees rur ies (hors du priadpalsWour der dEvelopperrrent). RAISON DE LA MODIFICATION: Pemrettm 1'expanshon d'une graviere existante. Veuillez faire part au consell par ecrit de vos objections au projet de modification au plus tard le 23 Julllet 2014 a I'altention du soussigne, Pour toute demande de renseignements, veuillez communiquer avec It bureau du greffier communal ou It bureau du service de Is croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N.-B,, entre 8 Is 30 et 16 h 30 du lunch au vendredi, sauf les Jours fades, Si vous avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacter It bureau du greffier communal. Jonathan Taylor, greffier communal 658.2862 Ad Number: A157692 M ID: 6966072 Current Date: Jun 09 2014 04:31 PM Start Date: 6/12/2014 End Date: 6/12/2014 Color: B/W Client Approval OK ❑ me Corrections ❑ Une presentation 141 .'� publique du pro'gt de E' modification aura lieu lots 1 de b reunion ordinaire du consell communal It kmdl 23 Jinn 2014 clans la Salle du consell, au niveau du hall d'entree, 5 I'h6tel de ville. RAISON DE LA MODIFICATION: Pemrettm 1'expanshon d'une graviere existante. Veuillez faire part au consell par ecrit de vos objections au projet de modification au plus tard le 23 Julllet 2014 a I'altention du soussigne, Pour toute demande de renseignements, veuillez communiquer avec It bureau du greffier communal ou It bureau du service de Is croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N.-B,, entre 8 Is 30 et 16 h 30 du lunch au vendredi, sauf les Jours fades, Si vous avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacter It bureau du greffier communal. Jonathan Taylor, greffier communal 658.2862 Ad Number: A157692 M ID: 6966072 Current Date: Jun 09 2014 04:31 PM Start Date: 6/12/2014 End Date: 6/12/2014 Color: B/W Client Approval OK ❑ me Corrections ❑ ,fir. !it\i 1 , ` � I "114 rm, : 1 ; i�L � ,1 \�141�•� j ~ _ ` V , r _ L:_ '_ �.lc^r _I_ • ��j,� [�I�LLL. +�!_ !`i� (r 1 ` _.r /. 0 Az 4UP rqe- Is A o rue �0 qj Hubert BY -LAW NUMBER C.P.106- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as being PID Nos. 00305128, 00298422, 00297333 and 00298182, from Rural Resource Area (outside of the Primary Development, Area) and Employment Area and Urban Reserve (within the Primary Development Area) to Rural Resource Area (outside of the Primary Development Area) classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) and Heavy Industrial and Urban Reserve (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area) classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: Mayor ARRETE No C.P.106- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une rdunion du conseil communal, The City of Saint John a ddictd ce qui suit: Uarretd concernant le plan municipal de The City of Saint John decretd le 30 janvier 2012 est modifid par: 1 la modification de 1'annexe A — Structure de la municipalite, afm de faire passer la designation dune parcelle de terrain d'une superficie d'environ 70 hectares, situde au 170, chemin Ashburn Lake, et portant les NID 00305128, 00298422, 00297333 et 00298182, de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d 'emploi et secteur de reserve urbaine (dans le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) ; 2 ]a modification de 1'annexe B — Utilisation future des sols, afm de faire passer la designation de la parcelle de terrain prdcitde de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'industries lourdes et secteur de reserve urbaine (dans le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) ; - toutes les modifications sont indiqudes sur les plans ci joints et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 0 (aLw1dvwff*m1wwff)ff) Tv" of ApdbdW El Kmi*dP13nAmKdmOA El Zbub19WhWAwKdmMM Ammer 1DSvdi=39CMX%k= 7WObS C&mG=dfM I El 4. .. .. eY Temponsyum QvAtftwl Um Chwv/R&takbH9wMuf LmtkrhrUqmLkxwft mmChaftube Un aninswitk Engineering & Consulting Inc. Addm%ofAPFfi*wt(wAh?Od9Ca&) 00 Box 1045, Saint Jahn, M, 12L4R3 Bmw Tslc*,A Nuz*ar Qi�odtTalephcaleNfsrt�6�x 506- 696 -9155 Fix Nmmbw - s v 0 e6, k;; -„150 trebly Resources Inc. N,me cdrhq" Owner ('if dW=1A from MPHMMO Mz9b:j-.Adft9i(vftPwacoeg3) 170 Ashburn Loake Road, Saint John, Na Ashburn Lake Road 00305128, 00298M, 00290192, 00297333 civic 4 Smw P11) Quarry / offices/ Expansion of existing quarry Operation ftwana-USOOompmy '"Y Rquipmat Shma POVONCKt UW Of timm EWFMM —Yffr- I Tm%v9z5P;-ff' Industrial/ ftpoved Plan DeAgwtim OfI'Mpaty --!!tl —Refource Rosa] & Urban Ramerwe Ext,fin ZDci cfPgo" Industrial / Residential PmWjdZ..ftfhW.*—L'tP " —"u-xy / special I) as of mpkawn Damavvwymp ag, todo(w"mddffiwWpwsffnm=ma)- NM- If &e is &cOwmw% or-&mbW= (fnwA ft) tv swbmA91L- sperm X roqdm& S*Mftn Of D.W Deb Fw oface uv o*- pro je cl iy.-3qq DOM- 0 1 M --? -7 ❑ Tsadkn B*Evwmrm ❑ fternw, Mn "&Vag= ❑SJwDnWmw m SADW)ONN BRUNSWICK Engineering & Consulting Inc. June 3, 2014 Jody Kliffer City of Saint John Saint John, NB 40 Ashburn Lake Road tal; 506.696.9155 PO Box 1045, Saint John, NB fax: 506.696.9158 E2L 4E8 reception ®brunswickeng;neering.ca File: 2005.01 R REZOAMVGAPPLIiCATION lMASHBURNLAKUROAD, S.elZNTJOIIN," Please find enclosed our report for the above referenced site. Should you have any questions please contact the undersigned at your convenience. Enclosures HST # 82470 0884 RT0001 170 ASM URN LAKE ROAD 0 MAR Y SAINTIOMV, NB REZONLVGAPPLICA77ON submitted to Qf7 ofSwigtJabn by Munswick • & conguftvkw- :• REZONING APPLICATION 1170 ASHBURN LAKE ROAD, SAINT JOHN, NB TABLE OF CONTENTS P_P_ aee COVERINGLETTER ... ................................................................................................................... J TABLEOF CONTENTS ................................................................................... ............................... ii 1.0 INTRODUCTION ................................................................................. ............................... 1 2.0 SITE DETAILS ..................................................................................... ............................... 1 2.1 Site Location............... .................................................._........... ............................... 2 2.2 Current Site Conditions ............................................................ ............................... 2 2.2.1 PID 00305128. ............................................................. ............................... 3 2.2.2 PID 00298422 .............................................................. ............................... 3 2.2.3 PID 00297333 .............................................................. ............................... 4 2.2.4 PID 00298182 .............................................................. ............................... 4 2.2.5 PID 00298455 .......................................... ......................................... I......... 4 2.2.6 PID 55202774 .............................................................. ............................... 4 2.2.7 PID 00298307 .............................................................. ............................... 4 2.2.8 PID 00051708. ............................................................. ............................... 4 2.3 Geological Condit ions ... ........................................................... ............................... 5 3.0 EXISTING OPERATIONS ................................................................... ............................... 7 3.1 Permits & Approvals ................................................................. ............................... 7 3.2 Quarry Operation Facilities ....................................................... ............................... 8 3.2.1 Blasting & Drilling ......................................................... ............................... 8 3.2.2 Crushing Operations .................................................... ............................... 9 3.2.3 Wash Plant Operation ................................................. ............................... 9 3.2.4 Stockpile Yard .............................................................. ............................... 9 3.3 Operational Procedures ......................................................... ............................... 10 4.0 PROPOSED EXPANSION ................................................................... .............................10 4.1 Stormwater Management ......................................................... .............................12 5.0 FUTURE DEVELOPMENT .................................................................. .............................12 6.0 PROPOSED MUNICIPAL PLAN AMENDMENTS ............................ ............................... 12 7.0 PROPOSED RE- ZONING ...... ........................................................... ............................... 13 8.0 REHABILITATION ........ ..................................................................... ............................... 13 M 9.0 CONCLUSIONS 1 CLOSURE ............................................................... .............................14 Appendices A. Drawings 91 R E Z O l V ING A PPi I C A 7 7O N 17V AMBURNLA" ROAD SAIIVTJOHN, NB LO BVTRaODUC77ON Brunswick Engweering & consulting Inc. has been retained by Debly Resources Inc. / Debly Enterprises Limited ( Debly) to provide engineering services related to the site design and development of several parcels of land off of Ashburn Lake Road and Rothesay Avenue. As put of the work, several parcels of land owned by Debly require rezoning /municipal plan amendments. The need to have a municipal plan amendment and rezoning of lands adjacent to the existing quarry limits is to allow for continued quarry operations, as the operational bedrock working face of the quarry is at the property boundary which corresponds to the zoning boundary between I -2 Industrial. (facilities and quarry) and RS -2 Residential (undeveloped). This report is being subn2itted with the rezoning and municipal plan amendment application as a means to describe the current operation, its value to the Saint John market and its continuing benefit to the construction sector in Saint John. This report describes the current site conditions and operations that are carded out at the existing quarry and the long term plan for this group of properties. With the approval of the proposed municipal amendment and subsequent rezoning, the operation of the quarry will remain relatively unchanged from the current activities and procedures as all the facilities are in -place to operate a rock quarry and processing fatuity. The expansion of the quarry limits with the re- zoning and municipal plan amendment will not equate to an increase in production at the quarry, as operations and production is directly related t4 market demand and the local economy. 10 SrM DETAILS The overall site is made up of several parcels of land owned by Debly. The parcels included in the site are PID 00305128, 00298422, 00297333 and 00298182. See sketch 1 for an overall site plan. 92 Al Site L0CXtrorr The site is located off of Ashburn IAe Road, with the parcel (PID 00305128) being currently zoned heavy industrial„ and is the current access to the remainder of the parcels .identified as PID 00298422, 00297333, and 00298182. The enure group of properties owned by Debly are bound to the north /west by the Route i highway, to the east by the CN Rail line and beyond the rail line by a rain of commercial and residential properties. The southeast coiner of the parcels borders Marsh Creels and the southern end is bound by other industrial zoning. Properties identified by PID 00298455, 55202274 and 00298307 are currently residential properties located to the east and owned by Debly. See attached sketch 1 for a plan of the getup of properties current zoning associated with this report and application. 22 Crrrner t Sine Corrdfarorts Currently parcel PID 00305128 is located directly off of Ashburn Lake Road and is residence to Debly Resources/Debly Enterprise's ( Debly) asphalt pl ant, existing quarry operation, aggregate stockpile area, administration offices, welding shop and heavy equipment maintenance shops. Parcel 00305128 is approximately 25.34 hectares in size and is currently zoned heavy industrial (I -2) which allows for the storage yards and shops and the asphalt plant that is currently classified as special zoning (SZ -13). Parcel 00305128 is located south of the existing highway route 1, east of Ashburn Lake Road and north of Mush Creek. To the east are parcels, PID 00298422 (38.7 hectares), 00297333 (5.12 hectares) and 00248182 (0.607 hectares), which are owned by Debly and are being proposed for rezoning to allow for the expansion of the existing quarry operation and ultimately future commercial and/or industrial development. Other parcels owned by Debly Adjacent to proposed quarry are 00298307 (2.22 hectares), 00298455 (3.02 hectares) and 55202774 (which is currently attached to PID 00298422). See attached sketch 1 for PID locations and sketch 5 for existing infiastructure locations. pq 93 22.1 Pm on3o51 The current site conditions for PM 00305128 is primarily developed, consisting of paved driveways and parking lots, stock piles, storage and lay down yards, with the western portion of the property being a heavily vegetated green space The developed portion of the property is relatively flat and encompasses die majority of the southem portion of the ptperty. The elevation varies in the developed portion from +3 metres to 30 metres at the northern edge of the property. The elevation +3 metres corresponds to an existing watercourse which is a tributary to Marsh Creek. Water runoff from this area runs to the south and east of the parcel and eventually enters into a tributary or directly into Marsh Creep. The southern edge of this parcel is within the flood zoac as defined by being below elevation 3.44 metres. The thickness of overburden soils along the central and northern edge of the property are relatively thin (<1.0metres) with organic soils and fine grained soils infilling depressions in the bedrock. Bedrock outcrop is visual in most areas of this parcel with the exception of the southern edge, in the flood zone as soil conditions consist of marine sediments with a thickness greater than 3.0 metres from ground surface. The average grade across this parcel is between i and 5 %. 2.12 PM �9�2 Parcel 00298422 is primarily undeveloped, with the exception of the southern edge where the working rock face has encroached on the parcel boar! ary, andwhere a section to the southwestis beingused for storage areas. An access road was established through a portion of this parcel. The parcel remains mostly wooded and undeveloped outside of the areas mentioned above. The trees present on the site have no market value, given their variety and size. Tbis parcel has a peak elevation of approximately +65 metres. The runoff drains naturally to the west towards Route 1 highway and to the east towards a low lying wet area within PID 00298455. The low lying area drains towards the ditches along the CN Rail Line which drains directly into Marsh Creek. 3 ., Parcel 00297333 is similar to 00298422 with the exception that the runoff naturally drains to the north and northwest towards Route 1. The parcel is considered lightly wooded and the area is fully vegetated with signs of previous tree harvesting operations. This parcel is entirely undeveloped and has a peak elevation of approximately 45 metres and drops to 30 metres neat the northern property boundary. Bedrock can be observed at surface in many locations and it is estimated that overburden soil thicknesses are less than 1.0 metres. Parcel 00298182 is relatively small in size and borders a developed property to the north which is used as a vehicle repair shop. The elevation ranges between 10 and 20 metres, with the natural drainage being directed to the east towards the railway ditches. This parcel is undeveloped and is considered to be in the flood plain as described by the City of Saint ,john. Currently there are some areas which water collects and ponds prior to draining to a ditch and into Marsh Creek, This area is currently considered to be in the flood plain. Soil conditions are assumed to be marine sediments in excess of 3.0 metres thick. ' ►+ This parcel is attached to parcel PID 00298422 as a means of access from Walsh Road. This parcel is currently developed with a single residential dwelling and garage. The property is relatively at with the water table being neat surface. Fly Parcel PID 00051706 is an access from Ashburn Lake Road to PID 00305128. 4 95 23 Geolag&d Candiuom The geology associated with the Ashburn Quarry as mapped by the Department of Natural Resources and referenced as `Johnson S.C., Mcleod, M.J., Batt, S.M. and White, C.E. 2005. Bedrock geology of Saint John area (NTS 21 G /0$ ). Saint John, Kings, Queens and Cbarlotte Counties, New Brunswick Department of Natural Resources. Minerals, Policy and Planning Division, Plate 2005 -31 ", is classified as a Brookville Gneiss from the Middle Neoproterozoic age. The Brookville Gneiss can be described by having dark grey to pinkish, fine to medium graiined, banded and locally migm uc paragneiss with minor calc- silicate, marble or quartzite layers: grey medium grained grauodioritic to tonalittc orthogneiss with locally abundant biotite schlieren and anaphibolite: the gneiss are locally intruded by granodiorite, pegmatite and diabase. See figure 1 for representation of geology in this area, as !napped by the Department of Natural Resources. 5 m Flgurs 1- Ashbum Lake Road Geology Map The bedrock associated with the Aabbum Quarry known as Gneiss is relatively massive and has a specific gravity of apgmrimately Z68 to 2.72. Iabwbosp testing on the aggregates produced at this sloe shows the rock is competent with a high resistance to abnsi os, fi=m thaw and charm W attack. M 97 These are desirable characteristics for highway and road construction aggregates as well as asphalt aggregates, which have higher physical property requttetaents and performance expectations. The aggregates produced at this site meet all physical specification properties for construction and asphalt aggregates as required by the City of Saint John and the Department of Transportation and Infrastructure. 3.0 EUMING OPERAMNS The existing quarry is owned by Debly Resources Inc. and operated by Debly Enterprises has been in operation for the past 15+ years, Yearly aggregate production averages 250,000 tonnes per year, with almost all aggregate products being supplied to projects across the southern portion of the province with a focus on the greater Saint John area. Aggregates produced at this quarry range from bedding stones, highway quality aggregates, rock protection /armour stone, sands and asphalt aggregates. The quarry operation supplies directly and indirectly to City of Saint John through construction projects, direct purchase agreements with the City purchasing agents, aggregate supply agreements on tendered mad and pipe projects and supplying other contracts working on capital projects within the City. The same is true for private developments and projects in the greater Saint]ohn area. The existing operations at the Ashburn Quarry are fairly typical for a quarry operation which includes drilling and blasting rock, manufacturing the blasted rock into different sized aggregates with a crusher and wash plant, and stockpiling finished product to be used on different projects. See sketch 5, for a site location plan of existing conditions. 3.1 Permits & Approvals The Ashburn Quarry currently operates with a Certificate of Approval (COA) which allows the quarry to operate complete with blasting and crushing operations. The COA is administered and regularly reviewed by the Depanment of Envitomnnut and Local Govemment (DELG) with regular reporting requirements as part of the conditions to operate. The reporting consists of monthly summaries of all complaints received ftom local neighbum related to the quarry operation, a summary of environmental spills and releases, and a summary of each blast that occurred during the previous month at the quarry. In addition to the monthly blast summary, each blast is monitored with a minimum of two blast monitors which measure both ground vibrations and air pressure (shod waves) caused by blasting operations. The DELG has set maxtimum allowable peak particle velocity for any blast to be 12.5mm /s and the air pressure equivalent to 12WL Within 24 hours of a blast the data obtained from the blast monitors are sent directly to the DELG for review. In addition to the COA issued by the provincial govemment, a Land Excavation Permit is obtained each construction season from the Building and Technical Services department with the City of Saint John. 3.2 Quarry Operation PaGr7ities The existing quarry operation is well established and has been operated by Debly for the past 15+ years. The quarry operation is managed and operated entirely by Debly with all survey, drilling and blasting, crushing, washing being conducted by their own crews. 3.21 XMdAg & i]w7 Q Debly owns several air rotary track mounted rock drills, which are used to create holes in the bedrock, along the working face of the quarry, to be used with the explosives. The drillers place holes at locations as per the blast design which is created by the certified blaster and verified by a professional Engineer, who will perform the blast monitonng and reports. Each blast is designed based on a number of variables, some of which include; height of rock face, required /desired vohime of rock, size of blasted rock, distance to existing facilities and residences, and other minor considerations. On average, each blast carried out at this quarry in the past 5 years has 10,000 metric tonnes of blasted rock. All blasting activities are in full compliance with requirements set out by the Depatment of Natural Resources, the New Brunswick Depatsment of Environment and Local Government and the Occupational Health and Safety Act and Regulations. 8 .. It �S <_ J - , t' a i r.: Debly owns and operates a state of the art semi - mobile crushing spread which consists of jaw and cone crushers, vibrating screeners and stacker conveyors. Included in the primary crushing equipment are dust suppression features which help keep fugitive dust to a minimum_ Water is supplied to the crusher by a shallow onsite well- The hours of operation for the crushing operation are typically between lam and 8pm which are compliant with the City of Saint John's pits and quarries by -law. .3.23 WRAh Plsat tD rai�ian To further process aggregates beyond the crushing activities, a wash plant has been installed to manufacture "clean" or "cleat" products. The wash plant is complimented with a sedimentation pond, which retains the silt laden wash water prior to being discharged. The sedimentation pond is routinely cleaned to allow for a full retention time during production. The silt excavated from the sedimentation pond is trucked to other parts of the quarry and is re -used with other products, ie, mixed with otganks. and sand to make topsoil. 17 11 r With the production of aggregate and the volumes used over the course of a construction season, sizable stockpiles are required to maximize crushing efficiency and still have inventory available upon completion of crushing operations. Typically, up to ten different quarried products are produced and placed into stockpiles for use throughout each year. The products range from armour stone (8 tonne in size) to 6.3 mm minus crushed sand, and are created to meet the specifications and requirements of City of Saint John, Department of Transportation and Infrastructure, and other private owners. The size of the individual stockpiles can range in size from 1000 tonnes to over 50,000 tonnes depending on the material size and the anticipated demand for the product. The larger sized stockpiles typically are made up of 25 mm minus and 75 tuna minus crushed rock and are located along the outer boundary of the quarry, along Marsh Creek. These stockpiles are generally treated first and act as a buffer between the crusher plant and the properties to the east N 100 'This not only gives a visual buffet from McAllister Drive /Rothesay Avenue properties, the stock piles function as a sound barrier, reducing the overall noise observed by the neighbours. 3.3 OperxetronalProcedues As part of the day to day operations of the quarry and processing facilities several steps and pre-cautions are taken to prevent disturbance to the public and neighbouring properties. These steps include full paved yards and driveways into the facility with the exception of the quarry floorwhere processing takes place and where stockpiles are located. The paved surfaces are swept regularly to prevent the dust from becoming air borne and to minimize the chance of cresting silt laden runoff during storm events. Sweeping the driveways, in pardculat helps keep mud and debris from being ttacked onto public streets. Non-paved areas are watered during dry periods or as deemed necessary in the summer to minimize fugitive dust (dust leaving the property) being generated due to equipment and trucks. Water is obtained onsite from several non -- potable wells. The crusher also uses water from these wells to spray the aggregate being processed to help keep air borne dust to a minimum. Stocker are located along the perimeter of the property and act as both a noise and dust barrier from the public and neighbouring properties. As requited by the City of Saint John by -law, operation of the aggregate processing facility is carried out between 7:00 aim and 8:00 pm Monday to Fridays, with the exception of holidays. It is not anticipated that the hours of operation will change. 4.0 PROPOSED EXPANSION To continue with the current quarry operations, the adjacent parcel must be rezoned to accommodate the existing quarry expansion, The existing quarry now has a properly established working rock face that maximims blasting efficiencies with a large rock face to blast that is aligned in straight lines with consistent benches. The existing working rock face is now angled in such as way as to naiaimize vibrations during blasting procedures, while maintaming an efficient working area that maid raities production and reduces the risk of blasting damage. 10 101 The current working rock face runs east to west, in a direction that is perpendicular to the bedrock's peak. This working face, directs blasts back towards the stockpiles should there be fugitive fly rock and not towards Rothesay Avenue. Also, the baclr side of the working face will experience the highest vibrations due to equal and opposite reactions caused by blasting and moving or "throwing" the bedrock away from the working face. The back side of the current working face is vacant undeveloped land, so vibrations are dampened and absorbed by the existing bedrock with negligible to no affect to the neighbouring properties. The sound created during a blast is known as an air blast or overpressure and will generally be highest in a direction perpendicular to the blast face. With this quarry the air blast is directed to the south, with a distance minimum distance of 450 metres to the nearest structure. With the proposed expansion, the working face would remain in approximately the same orientation as the existing face, and the length of the working face would vary depending on the eastern bedrock slope and the western end of the property. Currently, the working face is .removed in two parts, the top half of the working face and the bottom portion, this is also known as `benching ". This is to may. . e drilling and blasting based on ,geometry and limitations. Future work will most likely require two to three benches given the peak elevation of the existing hill. As the quarry's working face advances into the hill, the location of the crushing op etation will follow to mininme the distance between the blasted rock and the crusher. lAewise, the stockpiles will advance with the progression of the working face. It is estimated that the worldng face currently has a length of approximately 200 metres long and a working height of 25 metres. As the face progresses, this height will increase to a maidmum of 57 metres which corresponds to the peak elevation of the bill. Drawing sketch 7 shows point values of anticipated cuts from existing sutb= to final design grade. Based on existing elevations across PID 00305125, 00298422 and 00297333, the total estimatedvohwne of rock to be removed from this existing and proposed quarry footprint is in the order of 9.8 million cubic metres of rock which equates to just under 26 million tonnes of matetU Given current market demand, this gives the total quarry and estimated life of approximately 104 years from today. 11 102 Al Staxamateirmanvement The storinwater generated at this site is currently stored in the quarry floor, where the bedrock has been over - blasted which created voids in the rock. The water stored in the rock voids, then slowly percolates through the watercourse buffer soils which are sandy sibs thathave a lower permeability than the blasted rock, allowing the stotmwater to be attenuated. As the quarry floor expands with the progression of the working face„ the available storage volume will also increase At some point, the available storage in the voids in the quarry floor will not meet the runoff volumes generated and a large pond has been proposed Sketch 10 shows the conceptual location of the stormwater pond. 'With a pond of this magnitude, it will most likely be constructed in phases as the storage requirement increases with time. 5.0 1717I% iRs'DEVE.LOPAIE " With the strategic Location of these properties, the residual value of the properties will not decrease when the rock resource is removed, the value will increase given the centralized location and proximity to both industrial and commercial zonings. See sketch 11 for a conceptual site layout plan for a proposed future commercial developments. SO PROPIO'SEDMUNICIPAL PLANAMUAMAff 2VT:S' For this application, we are proposing to move the Primary Development Arcs (PDA) boundary to the south and east edge of the Debly's parcels PID 00305128, 00298182, 00298422 and 00297333 and adjust the future land use identification to Rural Resource to match proposed rezoning of pits and quarries. See attached sketch 3 for a site plan showing the existing land use and Municipal Plan PDA line. See attached sketch 4 for a site plan showing proposed land use changes and Municipal Plan adjustments for the PDA line and land use designations. Currently PID 00298422 has several Land use designations and is bisected with the Plan Saint John PDA boundary. The current land use designations within this parcel are heavy industrial, rural resource and urban reserve. PID 00297333 is primarily outside the PDA boundary and the future land use mapping indicated that property is identified as rural resource. A smaller section of the parcel is within the PDA and is identified as urban reserve. 12 103 PID 00298182 is mostly within the PDA boundary and is currently classified as urban reserve, with the exception of a small portion on the west end of the parcel PID 00298455, 55202774 and 00298307 are cutrendy urban reserve and will remain as such 7.0 PROPOSED RTi- ZOY'LNG Currently the zoning for PID 00305128 and the southwest corner of PID 00298422 is zoned for I -2 Industrial and 00305128 has a special zoning to accommodate the stationary, asphalt plant The majorrty of PID 00298422 is currently zoned RS -2 Residential along with PID 00297333, 00298182, 00298455, 55202774 and 00298307. For this application we are proposing to rezone PID 00305128, 00298182, 00298422, 00297333 to PQ Pits and Quarries to match the current operations, which allow for the progression of the quarry operations (with the exception of the Special Zoning for the Asphalt Plant). PID 00298455, 55202774 and PID 00298307 can retaain as RS -2 as they will fall within the buffer of the quarry operation and there is no need to remove rock from these parcels as they are currently below future conceptual grades. See attached sketch 1 for current zoning mapping and sketch 2 for proposed rezoning boundaries. 8.0 2701V As with any pits and quarry site, rehabilitation wM be conducted with the progression of the quarry floor. The type of rehabilitation won't be typical as the site is being designed and constructed to become a future commercial/ industrial development Rehabilitation of the site can be completed along the edges and buffers of the quarry which will improve the site distances and act as visual and sound attenuating buffers. To rehabilitate the quarry floor at this point is not possible as the stockpiles can not be located too far from the wash plant and asphalt plants. In the 15 to 20 years it may make sense to move the asphalt plant and wash plant closer to the rock fac- , however to do that in the near future will not make operational sense. Given that the quarry is also a base of operations for other Debly Enterprise and as such has a need for pipe yards, parldrig, and other storage facilities, the natural location of this storage will be the quarry floor so as not to be within the footprint of the expanding quarry. 13 104 As Debly Enterprises grows its aggregate business, then the need for quarry floor space is increased to satisfy the size of the stockpiles that will be required. Debly will make a commitment to rehabilitate and install landscaping features along the perimeter of the property as the quarry progresses and will review rehabilitation of the quarry floor in the future. 9.0 CONCLUSIONS /CLOSURE The existing Ashburn Lake Quarry owned by Debly Resources and operated by Debly Enterprises Limited, have an established opctatiEon, with all infrastructute, procedures and practices suitable for a quarry operation. 14 105 106 107 Jop v! we- a, I \ E?117 56:1:729136 r r� i LEGEND - PROPERTY BOUNDARY PRIMARY DEVELOPMENT AREA BOUNDARY (PDA) Q HEAVY INDUSTRIAL LIGHT INDUSTRIAL �] URBAN RESERVE =PARK & NATURAL AREAS 0 RURAL RESOURCE PID W30967 -f 1 � PRIMARY DRVl=LQPMENT �Ft�A B.OUNk�A1�Y � w1� <�m 1 EMLY t}IE1.W=73; DEOLY. Plk? O 305M I PID 55207294 PID 5520728 ROTHESAY AVENUE I l O 2! 4 �° ! / � PID 00298455 ! = DEBLY D m m ou 0 10 Y PID j 00298414 cp m SCALE: 1:5000 METRIC 100 50 O 100 200 300 i i i Iva Igo up" was # PROPOSED F+.RfIsiEA , DEVI= EG�PMEC'�� :ACS � 1or3ttm (PLAN So z Ex Mlhm # PtE3'tt0297333' WISLY MT � � ♦► � I x �7 PrQ o4oa ass PID 55172936 PID 00430967 LEGEND PROPERTY BOUNDARY 0 HEAVY INDUSTRIAL PRIMARY DEVELOPMENT LIGHT INDUSTRIAL AREA BOUNDARY (PDA) URBAN RESERVE PROPOSED PRIMARY =PARK & NATURAL AREAS DEVELOPMENT AREA BOUNDARY (PDA) D RURAL RESOURCE PID 55207294 ROTHESAY AVENUE- v 0 0 W PID OB298455 DEBLY D w 0 109 / PID f f 55206510// f1� PID \ b 00298414 O 1 pw P-L 11 p- 0i0 METRIC li 50 1 100 200 300 Emmmmimi C / l o LED a r PID 00051698 e P10 DOOS, ;'06OEB�Y PID 55172936 — PROPERTY BOUNDARY C:_] EX. BUILDING OR FIXED STURCTURE =EX. STOCKPILE AREA i_,EX. MAJOR CONTOUR: 25.Om EX. MINOR CONTOUR: 5.Om -'LIMIT OF FLOODPLAIN: 3.44m ROUTp 1 GARAGE C , ! OFFICES _ 4.. r.., s . pi 98422 98422 EB Y EX. STOCKPILE �; J PLANT LOCATION ' } � �.r— '• �- /��- �.� -�-"1 PI "00305128 -� DEBLY tiM� LOCATION OF EXPLOSIVE MATERIALS �+ ,_- (PERMIT IN PLACE WITH DNR) EX. STOCKPILE S J —� x r LOCATION _ T= rte' 2 GARAGE 1 SCALE I HOUSE �r J PID 00430967 PID 55207294 11 ROTHESAYAVENUE O 0 wco } PID 00298455 cn o DEBLY a / a 1 0 z rn m 110 PID 00297333 DEBLY -m m o J l� i SCALE: 1:5000 METRIC 100 50 0 100 200 300 PID 00298414 PID 55206510 Z, 111 ROUTE 1 ° f `/ 's 4� 10 a+ ` s OIL - $ `� i a a a iP �� PID 55206510 PID 00298422 I� \ w o DEBLY 1 f f f 1R -21.07 f + PID 00297333 o v 'iv `ra '� a� �� DEBLY � o/ PID [� PID 00305128 0 00298414 DEBLY VA PID 00051698 j $ lypsD,,RtY �\ �s as' / /// L` o $ /// / /00 \\o ��\ // CLIENT: 0 PID 55172936 j/ +�/ �`� ASHBURN LAKE ROAD, SAINT JOHN NPROJECT: RE- ZONING APPLICATION 00 298455 ASHBURN LAKE ROAD, SAINT JOHN, NB PID 00430967 N DEBLY 0 LEGEND ROPERTY BOUNDARY EX. BUILDING OR FIXED STRUCTURE E%I CONSTRUCTION BUFFER (EXISTING TREES AND VEGETATION TO REMAIN) SITE INFORMATION ESTIMATED VOLUME 9,849,481 m' MAXIMUM CUT DEPTH 56.9m SLOPE RANGE 1.0% TO 1.25:1 PID 55207294 112 ol Ilf MEMC 00 50 0 100 200 300 to a Lu f� �, PID 00051698 p►D 00p5170 b.$CY MATCH TO EXISTING GRADE ROUTE f (TOP OF SLOPE) i` TOE OF SLOPE— MATCH TO EXISTING GRAC / /,�`•' \ (TOP OF SLOPE) PID 55206510 PID 00298422 -1.0% \ % o° o° �° DEBLY TO OF SLOPE \ � 7 o 1 4 1 0% o PID 00297333\ DEBLY 1 \ / PID PID 00305128 b 00298414 DEBLY 1. 07- o- i;i, N i� to to I 1 f�� MATCH TO EXISTING GRADE (TOE OF SLOPE) — " ! + ` TOE OF SLOPE MATCH TO EXISTING GRAD J �1 (TOP OF SLOPE) PID 55172936 LFGFND BOUNDARY EX. BUILDING OR FIXED STRUCTURE CONSTRUCTION BUFFER (EXISTING TREES AND VEGETATION TO IRnWN) Tr — — TOE OF PROPOSED SLOPE i / d PID cn PID 00430967 / 00298455 DEBLY i l PID 55207294 ' PID 552C 113 ONCE WINE ;- ♦ �� 10 if't ill SITE SECTIONS NORTH-EAST SCALE HORZ 1:10000 VERT 1:1000 t ' SECTION -- r -- r- - --- - -- - -- LO CA TION PLAN SCALE 1:10000 - -- — --- — -- - - - - -- —� T - — IT 'S` I I 1 I EXISTING GRADE ti r ` EXISTING r "-� A/- ISTING GRADE -1y EXISTING GRADE J A � 1 J FUTURE GRADE ✓� FUTURE GRADE � EXISTING GRADE FUTURE GRADE 1 FUTURE t ' SECTION -- r -- r- - --- - -- - -- LO CA TION PLAN SCALE 1:10000 - -- — --- — -- - - - - -- —� T - — IT 'S` I I 1 I EXISTING GRADE ti r ` EXISTING f 1 -1y EXISTING GRADE J A � 1 FUTURE GRADE ✓� a � EXISTING GRADE FUTURE GRADE / FUTURE 1 EXISTING GRADE r Engineering & Consulting Inc. 1 r J FUTURE GRADE f r DRAWN 8Y: DATE: � r f FUTURE GRADE \, f lr� KMJ t ' SECTION -- r -- r- - --- - -- - -- LO CA TION PLAN SCALE 1:10000 - -- — --- — -- - - - - -- —� T - — IT 'S` I I 1 I EXISTING GRADE ti r ` EXISTING r If -1y EXISTING GRADE 1 A � 1 FUTURE GRADE ✓� a f EXISTING GRADE FUTURE GRADE FUTURE GRADE r Engineering & Consulting Inc. 1 r J FUTURE GRADE t ' SECTION -- r -- r- - --- - -- - -- LO CA TION PLAN SCALE 1:10000 - -- — --- — -- - - - - -- —� T - — IT 'S` I I 1 I EXISTING GRADE ti r ` EXISTING GRADE -1y EXISTING GRADE T_ 1 r FUTURE GRADE ✓� a f - t ' SECTION -- r -- r- - --- - -- - -- LO CA TION PLAN SCALE 1:10000 - -- — --- — -- - - - - -- —� T - — SITE SECTIONS NORTH- WEST SCALE HORZ 1:10000 VERT 1:1000 CLIENT: ASHBURN LAKE ROAD, SAINT JOHN PROJECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, NB DRAWING: IT 'S` I I 1 I EXISTING GRADE ti SITE SECTIONS ., z r EXISTING GRADE T_ 1 •. 1 �- l ��1 -,rr ✓� a f - FUTURE GRADE �'1 �� I ,�" r Engineering & Consulting Inc. Q r J FUTURE GRADE r DRAWN 8Y: DATE: � r f FUTURE GRADE \, f KMJ 24 -FEB -2014 SCALE: PROJECT No.: SITE SECTIONS NORTH- WEST SCALE HORZ 1:10000 VERT 1:1000 CLIENT: ASHBURN LAKE ROAD, SAINT JOHN PROJECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, NB DRAWING: IT 'S` I I 1 I EXISTING GRADE ti SITE SECTIONS ., z EXISTING GRADE T_ 1 •. 1 �- l ��1 -,rr ✓� a f - FUTURE GRADE �'1 �� I ,�" r Engineering & Consulting Inc. Q r J FUTURE GRADE tal: 506.696.9155 fax: 508.888.9150 DRAWN 8Y: DATE: V J / Ld SITE SECTIONS NORTH- WEST SCALE HORZ 1:10000 VERT 1:1000 CLIENT: ASHBURN LAKE ROAD, SAINT JOHN PROJECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, NB DRAWING: IT 'S` I I 1 I EXISTING GRADE ti SITE SECTIONS ., z T_ 1 •. 1 �- l ��1 -,rr ✓� \ ` f - FUTURE GRADE �'1 �� I ,�" Engineering & Consulting Inc. Q SITE SECTIONS NORTH- WEST SCALE HORZ 1:10000 VERT 1:1000 CLIENT: ASHBURN LAKE ROAD, SAINT JOHN PROJECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, NB DRAWING: 114 IT 'S` I I 1 I SITE SECTIONS ., z •. 1 �- l W- fi - ----� -IT- -- - BRUNSWICK �'1 �� I ,�" Engineering & Consulting Inc. Q 40 Ashburn Lake Road. PO Box 1045, SaUrt John. NB E2L 4E3 O % ! / 1 tal: 506.696.9155 fax: 508.888.9150 DRAWN 8Y: DATE: V J / Ld KMJ 24 -FEB -2014 SCALE: PROJECT No.: 1 F i SCALE: 1:10000 METRIC AS SHOWN 2005.01 REVISION: SKETCH: 200 100 0 200 400 600 SECTION ALIGNMENT NORTH -EAST 0 9 114 115 I� jai PID 00051698 Y PID 55172936 - PROPERTY BOUNDARY F- 7 EX. BUILDING OR FIXED STRUCTURE E7ZI CONSTRUCTION BUFFER (E)(ISTING TREES AND VEGETATION TO REMAIN) ROtlrE 1 RM \ ' 5.Om HIGH \ • 3:1 SIDE SLOPES \ � FINISHED WITH TOPSOIL AND HYDROSEED • TREES PLANTED ALONG TOP ` \1 55 06510 \ me PID 00298422 DEBLY 1 �yt PID 00297333 j �1 DEBLY r PID /,{• '"j'� PID 00305128 �_ 00298414 Gl DEBLY 11 0 m � VI A n j� �` • HIGH 3 :1 / ' //• (L��III� 3:1 SIDE SLOPES / FINISHED WITH TOPSOIL AND HYDROSEED ./I 5.Om HIGH /// • TREES PLANTED ALONG TOP 3:1 SIDE SLOPES // 0 FINISHED WITH TOPSOIL AND HYDROSEED - TREES PLANTED ALONG TOP - -- / .:::•.::. - -.. \ _ � � � CLIENT: LD ASHBURN LAKE ROAD, SAINT JOHN a PROJECT: Ll RE- ZONING APPLICATION PID m 00 98455 ASHBURN LAKE ROAD, SAINT JOHN, NB PID 00430987 N DEBLY 0 U . DRAWING: REHABILITATION PID 55207294 I \ DEBLY n U) 1 m 0 L 116 1!1 METRIC 100 50 0 100 200 300 L _ CONSTRUCTION BUFFER (EXISTING TREES AND VEGETATION TO REMAIN) rn A °z 117 lyl HIM, It► 11 50 1 100 200 300 CLIENT: a ASHBURN LAKE ROAD, SAINT JOHN PROJECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, N8 DRAWING: LONG RANGE DEVELOPMENT SITE PLAN BRUNSWICK Engineering & Consulting Inc. 40 Ashburn lake Road. PO Box 1015, Saint John, N5 E2L 4E3 tel: 506.696.9155 fax: 5M.696.91 5B DRAWN BY: DATE: KMJ 24 —FEB -2014 SCALE: PROJECT Na., 1:5000 2005.01 REVISION: SKETCH: p 12 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 55 -65 UNIVERSITY AVENUE 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 1.4 hectares, located at 55 -65 University Avenue, also identified as PID No. 55024210 and a portion of PID No. 55221717, from Suburban Neighbourhood, to Local Centre, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Low to Medium Density Residential to Local Centre. [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, June 23, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit an approximately 3000- square -metre commercial development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by July 23, 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. If you require French services for a Common Council meeting, please contact the office of the Common CIerk. Jonathan Taylor, Common Clerk 658 -2862 118 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 55 -65, AVENUE UNIVERSITY Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier ]a d6signation, a 1'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 1,4 hectares, situde au 55 -65, avenue University, et portant le NID 55024210 et 6tant aussi une partie du NDD 55221717, afin de ]a faire passer de quartier suburbain a centre local, comme it est indiqu6 ci- dessous. 2. Modifier ]a d6signation, a ]'annexe B du plan, de la parcelle de terrain pr6cit6e, afin de ]a faire passer de secteur residentiel a densite foible ou moyenne a centre local. [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 23 juin 2014 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre un ddveloppement commercial d'environ 3 000 m6tres carrds. Veuillez faire part au conseil par dcrit de vos objections au projet de modification au plus tard le 23 juillet 2014 a ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau du service de la croissance et du d6veloppement communautaire a Ph6tel de vilIe au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours 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 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE: 55 -65 UNIVERSITY AVENUE 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 1.4 hectares, located at 55. 65 University Avenue, also identified as PID No. 55024210 and a portion of PID No. 55221717, from Suburban Neighbourhood, to Local Centre, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Low to Media m Dainty Residential to Local Centre. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, June 23, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit an approximately r] 3000- square- metre commercial r i development. Written Y objections to the proposed amendment may be made to the Council, in care of the undersigned, by July 23, 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. H you require French services for a Common Council meeting, Please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 55-6S, AVENUE UNIVERSITY Par les pr6sentes, un avis public est donne par Sequel 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 d6signation, a ('annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 1,4 hectares, situ6e au 55 -65, avenue University, et portant le NID 55024210 et 6tant aussi une partie du NID 55221717, afin de la faire passer de quartler suburbaln a centre local, comme it est indiqu6 ci• dessous. 2. Modifier la d6signation, a I'annexe B du plan, de la parcelle de terrain precit6e, afro de la faire passer de secteur r sidentiel u densitE foible ou morarne a centre loco). Une presentation publique du projet de modification aura lieu fors de la reunion ordinaire du conseil communal le Iundf 23 Jufn w 2014 clans la salle du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIRCATION : Permettre un developpement commercial d'environ 3 000 metres tarns. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 23 Julliet 2014 5 I'attention du soussign@. Pour toute clemande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le 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 lundi au vendredi, sauf les jours f6ri6s. Si vows avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacterle bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 Ad Number: A157880 Ad ID: 6966166 Current Date: Jun 10 2014 02:59PM Start Date: 6/12/2014 End Date: 6/12/2014 Color: B/W Client Approval OK ❑ 120 Corrections ❑ BY -LAW NUMBER C.P.106- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une r6union du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: cc qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 55 -65 University Avenue, also identified as being PID No. 55024210 and a portion of PID No. 55221717, from Suburban Neighbourhood to Local Centre classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Low to Medium Density Residential to Local Centre classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: L'arretd concernant le plan municipal de The City of Saint John ddcrdtd le 30 janvier 2012 est modifid par, 1 la modification de 1'annexe A — Structure de la municipalit6, afm de faire passer la ddsignation d'une parcelle de terrain dune superficie d'environ 1,4 hectares, situde au 55 -65, avenue University, et portant le NID 55024210 et dtant aussi une partie du NID 55221717, de quartier suburbain a centre local; 2 la modification de 1'annexe B — Utilisation future des sols, afin de faire passer la ddsignation de la parcelle de terrain pr6cit6e de secteur residentiel a densite faible ou moyenne a centre local; - toutes les modifications soot indiqudes sur les plans ci joints et font partie du prdsent arrdt6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arret6 le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premiere lecture Second Reading - Deuxieme lecture Third Reading Troisi6me lecture 121 (aussl disponlble en franyais) Type of Application Municipal Plan Amendment ❑ Subdivision ❑ Similar/ Compatible Use [� Zoning By -law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change 1 Re- establishment of ❑ Zanine Confirmation Letter ❑ Letter for Liquor Licensing Non- Conforming Use Contact Information II-- Name of Applicant CO Dt 14 }j Pey9?zo T - :% 1n I j � I yes e -. e, fis LI�I re,ei Mailing Address of Applicant (with Postal Code) 55 Un rarl 5 tre L4 . ,5u t +c lao 5ain + Tdhr , NO, E24 ! e? Home Telephone Number Fax Number u L^ I l I f Work Telephone Number ZU L— 1 10 o o E-mail /�1'+�'1C.001ir � COb*1+DrBXf•� e5-Cq Name of Property Owner (if different from applicant) 1Rn C1 4J f/`4 506n+ 1dp�► % }f l Mailing Address (with Postal Code) J.5- 14 0.f i�7 S � & Jg K+ Td �t.�. I' 0 Property Information Location 55 Unive -'r ` J LZ 1-4 11 Civic # Street PID Existing Use of Property iraWft (AAV- - Proposed Use of Property t O:Nwtu is y :. ' Low 4d MEdl%k- t Existing Plan Designation of Propertty '" l Proposed Plan Designation of Property �i / C:ol Ar_ Existing Zoning of Property IM S �!-1,4w., i ? Proposed Zoning of Property 6-2. 1 0 1614S;M esI (1VO4kbWh..-d f cr±ls%vn?� 1 Description of Application FkeIH1 f Describe what you propose to do (attach additional pages if necessary). ,?la4 'S rC .� h 3&W10 j 3` CO s �lArC �ar 11 P1 "m 1 A / ne Vt �1�4 T s /W wpi orK ske 4 k L 4L,,Cl NOTE: If the applicant is NOT die owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of App cant Signature of Owner Date k I Date Y For Office Use Only � role If- f-# I H - l-1l:3 �A`^ � Reviewed by %!'�{ Date ,''W l `ae ly Development Officer Information Accompanying Application: Letter of Intent Tentative Subdivision Plan Cl Floor Plans Site Plan Building Elevations ❑ Sign Drawings 1 °�r F, 5 N Fee Other sIU OV Cr7Y A7 "7Gt? e4-?t • ,I , P.O. Box 1971 Sal Jahn, NB nada E2L4F1. -.l tj.hrt_ca C.P. }971 sain<lohn. b: B. Canada E2L 411 SAINT JOHN 122 (aussl d1ww1ble en franqds) Type of Application El" Municipal Plan Arimultnent ❑ Subdivmon ❑ sumho, Compat"vUse Er Zonir• By-law Artiendmirot ❑ vwiwre ❑ Temporary Use Amendment to Section 19 Conditions H Conditional Use ❑ Chan" Re- establishment of ❑ Zoning, Confimmion Letter Towtve Subdivmi"on Plan I loo• plw� Letter fbr Liquor Licenwrig Site Platt Non-Confbrining Use ConWift Informaflon Name of Applicant 4id Ma ling: Address ofApplicam (with P") 700, 4- 706 N 90, -,E 2 i 5T Horne Telepnone Number Work TI*m Munib, 107– 1000 Fim Op L, trail All �-Rfi 14% F .1 .0 t _Z X:J 11 Name of Property Owner (if different from ffMx=0 As- A. 1114n—CCAZ _F61,L NkilkI Addms (vcth Postal Code) der;dVA. A Prop" Inionmiltion Location, 7.4 Civic, Strut ND Exlsftq' use of Property.-ThKq* -Cc, ar Pp-"`ed U..fN.P.1y -i"� . — A- - L""FAjoi-, Lrxistin,v Mn Desij, nation o0roperty O"khLjztjpL 'M I ��Ar, - 'reposed Plan Desiv-tat"031 of property'l x-a L -C.Are Uxusun--Zonin, of Property TA 4ftj -TV4-P - PrOW'td ZOIIIV, of PrOpP-rty Cow.; Description of App ceii6n Describe what you Iyopm to do (aftac K aMncnal pad -es if riacesrary). :a!)&I r 4 TIC 'M tMe oppliem ?W the 9%.mr. the s sil'40"M OrWOVrinfin (in V., aub*W the 5 ,pp .=m L required. 7, Signature of Owner Date ZY or 01 -cc Use 00% air -wed air -wed by k"I Mte �4't P� Devalop"MI a'icar Wbrination AccompsmywF Application Lewr of Intent Towtve Subdivmi"on Plan I loo• plw� Site Platt Builifinf, Elevatim Sign Dra%%ix- '4'3's�nu — I9nUatJWft&9,4LQrWaF2L4LL 123 May 30, 2014 Mr. Mark Reade, P.Eng., MCIP, RPP Senior Planner, Growth & Development Services City of Saint John Dear Mr. Reade, Re: Proposed Commercial Development at 55 & 65 University Avenue COBALT 55 Union Street, Suite 700 Saint John, NB Canada E2L 5B7 T 506.202.1000 F 506.202.1111 Cobalt Property Investments Limited is proposing a commercial - retail development at 55 & 65 University Avenue in Saint John, NB. The 3.53 acre site would be home to an approximately 32,000 square foot multi- tenant building (pending approval by City). The anticipated use of the building is general commercial /retail with expected hours of operation of 9am -9pm, depending on the specific tenant. The development will feature easy vehicular and pedestrian access, complemented by multiple bike racks and enhanced landscaping features along University Avenue. Cobalt looks forward to working with the City of Saint John in order to make this vision a reality. Sincerely, Marc Gosselin, Director Sales, Leasing and Business Development Cobalt Property Investments Limited 124 PROPOSED PYLON SIGN K r O Q ITI TROOP ST EXISTING WENDYS TIM HORTONS EXISTING MEDIAN OPENING PROPOSED w v F DRIVEWAY UNIVERSITYAVE ENHANCED LANDSCAPING 3.0m [9.8'1 U!L' f iH+�k4PM U7111 I 1171T cortc. WALKWAY PID: 55221717 o CITY OF SAINT JOHN � N 3 TITM ' o BIKE RACK TOTAL PARKING ` 2] _129 STALLS a !' i — 23.2 28 Sn, [84 57 9 3n, [B3 a1- 31�7m 11M 0'1�- \ . • _ .� �" f CRU 'B" I CRU "C° A CHU "0" .M 13,868 $F q.. g 6.942 SF 11,408 8F 3 y ma 5 LOADING LOADING 1 171 m [65 91. PID:00049809 SOMERSET INVESTMENTS LTD 58.3 Ha 125 IQ� r` r PID: 55024210 'SAINT JOHN COUNCIL FOR NEW BRUNSWICK PROPERTIES BIKE RACK PROPOSED - i DRIVEWAY QQ� RIGHT IN /OUT W PID:OD426411 PROPERTIES MANAGEMENT LTD. GARBAGE ENCLOSURE r 12 STAFF PARKING STALLS t 1111111 r 5 Dm (s 89 M� GARBAGE ENCLOSURE .,...; H — -- Site Boundary __— -- Required Setback ( Proposed GC Zone) SITE SUMMARY. Total Site Area: 1.43 he (3.53 Ac) EX1sUng Zone: Major Institutional (IL -2) Municipality's Proposed Zone. Neighbourhood Community Facli ty Zone (CFN) !VOTES. • All lends not used for parking or structures to be landscaped • Re- Zoning of these lands will be required to accommodate proposed development • Plan subject to review against applicable bylaws and regulations • Land Use Bylaw currently under review by the Municipality • Enhanced landscaping areas subject to detall design. SOURCE. • Adjacent Property lines from Service New Brunswick Digital Property Mapping. • Site Boundary from WSP survey drawing. CAD fife: 8 J 11010- 620.dwg Designer. KWATTERS VERSION Planner. C.TOWNSEND 117 c ^.belt MAY29,2014 SA1010.117 15 10 5 0 25 m 1:1,1X10 ■ WSP iA ■ 1 SPECTACLE LAKE DRIVE DARTMOUTH, NOVA 8COTIA CANADA, B3B 1X7 PHONE: 9D2 836-OW - FAX: 902 8351645 - W W WwSPOROUP -COM (-tTJ4H-Z' 5. m [18.41 —; t PID:55221709 —CITY OF SAINT JOHN 0.32 He PID:00049809 SOMERSET INVESTMENTS LTD 58.3 Ha 125 IQ� r` r PID: 55024210 'SAINT JOHN COUNCIL FOR NEW BRUNSWICK PROPERTIES BIKE RACK PROPOSED - i DRIVEWAY QQ� RIGHT IN /OUT W PID:OD426411 PROPERTIES MANAGEMENT LTD. GARBAGE ENCLOSURE r 12 STAFF PARKING STALLS t 1111111 r 5 Dm (s 89 M� GARBAGE ENCLOSURE .,...; H — -- Site Boundary __— -- Required Setback ( Proposed GC Zone) SITE SUMMARY. Total Site Area: 1.43 he (3.53 Ac) EX1sUng Zone: Major Institutional (IL -2) Municipality's Proposed Zone. Neighbourhood Community Facli ty Zone (CFN) !VOTES. • All lends not used for parking or structures to be landscaped • Re- Zoning of these lands will be required to accommodate proposed development • Plan subject to review against applicable bylaws and regulations • Land Use Bylaw currently under review by the Municipality • Enhanced landscaping areas subject to detall design. SOURCE. • Adjacent Property lines from Service New Brunswick Digital Property Mapping. • Site Boundary from WSP survey drawing. CAD fife: 8 J 11010- 620.dwg Designer. KWATTERS VERSION Planner. C.TOWNSEND 117 c ^.belt MAY29,2014 SA1010.117 15 10 5 0 25 m 1:1,1X10 ■ WSP iA ■ 1 SPECTACLE LAKE DRIVE DARTMOUTH, NOVA 8COTIA CANADA, B3B 1X7 PHONE: 9D2 836-OW - FAX: 902 8351645 - W W WwSPOROUP -COM A ma +prc Y 1 mA+Ar cinnriryP 6 meters x 1 meter signage —� Front Elevation Right Elevation tantec `�!�! �RSEI 126 Elevations 2014 -05 -30 28.8m [94.5'] — 1 - � I f j 9.3 m [63.4']- .- I *-- 31.7m [104.0'] LOADING . T F 'r «, LOADING I I LOADING 127 3 0 North Floor Plans 2014 -05 -30 CRU "B" 3 C RU „c„ C RU „p„ v -� '13,858 SIF 0) --'& 6 842 S F o 11, 408 SF y 3 °4 bo C.0 cD o a� LOADING . T F 'r «, LOADING I I LOADING 127 3 0 North Floor Plans 2014 -05 -30 APPROVALS CURVE TABLE lROpp STREET TJI 215 2]8 5] 255 -9140 N.B. GRID COORDINATE VALUES E S G TrT UNIVERSITY AVENUE DOCUMENTS PID 55221717 THE EASTERN AND CHARTERED TRUST COMPANY TO THE CITY OF SAINT JOHN DATED DECEMBER 31, 1965 REGISTERED JANUARY 7, 1966 VOLUME 542. PAGE 221 NUMBER 205370 (PORTION OF DOCUMENT) OWNER'S STATEMENT WE THE UNDERSIGNED, 00 HEREBY CERTIFY THAT WE REPRESENT THE REGISTERED OWNER OF THE PROPERTY BEING SUBDIVIDED HEREON AND DO HEREBY GRANT APPROVAL TO THIS PLAN. MEL K. NORTON (MAYOR) FOR: THE CITY OF SAINT JOHN JONATHAN TAYLOR (CITY CLERK) FOR: THE CITY OF SAINT JOHN PIT) 55221717 LOCKHARTS UMITED TO THE CITY OF SAINT JOHN DATED JUNE 10. 1975 REGISTERED AUGUST 1, 1978 VOLUME 855, PAGE 676 NUMBER 277974 DOCUMENTS PURPOSE OF PLAN PID 55024210 -TO AMEND LOT 83 -1, PLAN 1579 - THE CITY OF SAINT JOHN TO -TO AMEND LOT 13 -02, PLAN 33122BB5. THE ST JOHN COUNCIL FOR NEW BRUNSWICK PROPERTIES LTD. - -TO CREATE LOT 14-1. LES BIENS DU CONSEIL SAINT -JEAN DU NOUVEAU- BRUNSWICK LTEE. LEGEND DATED JANUARY 17. 1984 oESf3lwna+ smeo� DanAnox - �ilu9oL - - - --FS -� REGISTERED FEBRUARY 10, 1984 .mN - -w- '.OLUME 1035, PAGE 401 NUMBER 313466 -- p. ■ 1 O gr - OTHER'S STATEMENT WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT WE REPRESENT THE REGISTERED OWNER OF THE PROPERTY BEING SUBDIVIDED HEREON AND DO HEREBY GRANT APPROVAL TO THIS PLAN. THE ST, JOHN COUNCIL FOR NEW 8RUNSVAC3( PROPERTIES LTD. - LES BIENS OU CONSEIL SAINT -JEAN DU NOUVEAU - BRUNSWICK LTEE. THE ST. JOHN COUNCIL FOR NEW BRUNSWCK PROPERTIES LTD. - LES BIENS DU CONSEIL SAINT -JEAN DU NOUVEAU - BRUNSWICK LTEE. 128 - DIRECTIONS ARE N.B. GRID AZIMUTHS DERIVED FROM THE N.B. GRID MONUMENTS TABULATED HEREON. -THE SCALE FACTOR USED WAS 1000028. -THE DOCUMENT NUMBERS REFERRED TO ON THIS PLAN ARE THOSE OF THE COUNTY REGISTRY OFFICE. - ADJACENT OWNER INFORMATION OBTAINED FROM SNB RECORDS. -AS USED HEREIN. THE WORD CERTIFY SHALL MEAN AN EXPRESSION OF THE CONSULTANYS PROFESSIONAL OPINION TO THE BEST OF ITS INFORMATION, KNOWLEDGE AND BELIEF, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE CONSULTANT. -ALL DISTANCES SHOWN ARE CALCULATED GRID DISTANCES. - CERTIFICATION IS NOT MADE AS TO LEGAL TITLE. BEING THE DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK BY -LAWS OR REGULATIONS, BEING THE DOMAIN OF A DEVELOPMENT OFFICER. - CERTIFICATION IS NOT MADE AS TO COVEOIANTS SET OUT IN THE DOCUMENTS) AND THE LOCATION OF /NY UNDERGROUND SERVICES AND /OR FIXTURES, PERMANENT OR OTHERWSE. - INITIAL FIELD SURVEY WAS COMPLETED MAY, 2014. SURVEY 1 AREA H N- LOCALITY SKETCH LEGEND oESf3lwna+ smeo� DanAnox - �ilu9oL - - - --FS -� -- . - -e -- . .mN - -w- IR -- p. ■ 1 O gr - 1 I 1° -•1_ - / y.�.- - —?- - - r - � 5 N 1- r A ..A l "� •N 1� Mtt �IANI - Ja513'47' 3,.E6 1 PD I M;„.se I I —3 I I °F w I 14 -1 a I� mpe1.W I 1 y466 _ T3'13'A I IWSET L-sc. 1:250 I I AMENDING SUBDIVISION PLAN: CITY OF SAINT JOHN SUBDIVISION AMENDING PLANS 1579 AND 33122665 SITUATED AT THE SOUTHEAST CORNER OF UNIVERSITY AVENUE AND MILLIDGE AVENUE, CITY OF SAINT JOHN, COUNTY OF SAINT JOHN, PROVINCE OF NEW BRUNSWCK nv m ^ao SCALE 1:500 ,wsP GANIINA 21ec5 Fr10NE F119 tl� -1.'S FA H �i 1l'+W W I:WA SURVEYOR'S STATEMENT I HEREBY CERTIFY THAT THIS PLAN IS CORRECT. Q' TENTATIVE N.B.L.S. N. l� SURVEYED BY BRANDON M. M- DONALD.N.B.1-S DATED: MAY 29. 20'4 0381 OMWN: N.6 Flf1D: OtECKCD: Bxu .COB: 5x1010 CAB: 5.111010 -621 ZBNEOJN- J09W -01 Back Elevation 11 .-- -1 -.__ - - I .-- -.L-- -I-.- -- - Left Elevation S NI-I"arnIf., /RSEI • 129 Elevations 2014-05-30 REPO RT TO COMMON CO U l C-I'L M &C -2014 -090 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Referral of P1auSJ Amendments Expiry of the 30 -day Public Presentation Period BACKGROUND: City of Saint John On April S, 2014 Common Council approved proceeding with the 30 -day Public Presentation period for the housekeeping amendments to the Municipal Plan. The formal public notice of these housekeeping amendments was printed in the local paper on Tuesday April 29, 2014. Following this, the 30 -day public presentation period was then commenced by Council on Monday May 12, 2014 and expired on Wednesday June 11, 2014. ANALYSIS Community planning is currently finalizing the draft Zoning By -law in both. English and French in anticipation of the formal adoption process beginning this summer. Given the direct relationship between the Municipal Plan amendments and the final draft Zoning By -law, it is recommended that these two documents proceed through the formal adoption process together. Staff will have the final documents and an accompanying staff report for the July 7, 2014 Council meeting. RECOMMENDATION It is recommended that Common Council table consideration of the Municipal Plan amendments pending receipt of a Council Report and package for the July 7, 2014 Council meeting. 130 M &C- 2014 -090 _2_ June 23, 2014 Respectfully submitted, Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner, Community Planning & Enrichment Services Jac�}uelinc Hamilton, MURP, MCIP, RPP Co missioner, Growth & Community Development Services O L� Woods, CGA City Manager SF 131 T n, i, 'the city of Saint John June 23, 2014 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — Amendments related to the Proposed Adoption of a New Zoning By -Law for The City of Saint John A Public Presentation was made on May 12, 2014 of a proposed amendment to the Municipal Development Plan which would amend Policies LU -8 and LU -9, with respect to the establishment of the Primary Development Area; amend the preamble and Policies and Policies LU -75, LU -76, LU -77, LU -78 and LU -80, and add a new Policy LU- 80.1, with respect to Industrial Areas, repeal the preamble and Policies LU -108 and LU- 109, with respect to the Rural Industrial Area; amend Policy LU -118, with respect to the Federal Transportation designation; add a reference to Policies LU -71 through LU -82 after Policy LU -120; repeal the existing Schedule A — City Structure and the existing Schedule B — Future Land Use, and replace them with a new Schedule A — City Structure and a new Schedule B — Future Land Use to incorporate changes to the policies and schedules of the Municipal Plan that are required to ensure clear alignment between the Plan and the City's proposed new Zoning By -law. 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 Monday, September 15th, 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 WM . P. -. Lax 1971 joh 1, N 3 Czrorfa EA 4U& I MvW_Unrnj:vt ;!.Cj I C-.!? 1971 &,,tb* john, N-9. Ganir.d . 0.21.41:1 132 PROPOSED MUNICIPAL PLAN AMENDMENT RE: AMENDMENTS RELATED TO THE PROPOSED ADOPTION OF A NEW ZONING BY -LAW FOR THE CITY OF SAINT JOHN 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: a) amend Policies LU -8 and LU -9, with respect to the establishment of the Primary Development Area; b) amend the preamble and Policies LU -75, LU -76, LU -77, LU -78 and LU -80, and add a new Policy LU -80.1, with respect to Industrial Areas; PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: MODIFICATIONS RELINES A VADOPTION D'UN NOUVEL ARRETE SUR LE ZONAGE POUR LA VILLE DE SAINT JOHN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: a) la modification des principes LU -8 et LU -9, concernant 1'6tablissement du principal secteur de developpement; b) la modification du preambule et des principes LU -75, LU -76, LU -77, LU -78 et LU -80, et Padjonction d'un nouveau principe LU -80.1, concernant les secteurs industriels; c) repeal the preamble and Policies LU -108 and c) ('abrogation du preambule et des principes LU- LU -109, with respect to the Rural Industrial Area; 108 et LU -109, concernant le secteur industriel rural; d) amend Policy LU -118, with respect to the d) la modification du principe LU -118, concernant Federal Transportation designation; la d6signation de secteur de transport federal; e) add a reference to Policies LU -71 through LU- e) l'adjonction d'une reference aux principes LU- 82 after Policy LU -120; 71 a LU -82 apres le principe LU -120; f) repeal the existing Schedule A - City Structure and the existing Schedule B - Future Land Use, and replace them with a new Schedule A - City Structure and a new Schedule B - Future Land Use. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, May 12, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To incorporate changes to the policies and schedules of the Municipal Plan that are required to ensure clear alignment between the Plan and the City's proposed new Zoning By -law. f) Pabrogation de I'Annexe A - Structure de la municipalite extistante et de 1'Annexe B - Utilisation future des sols existante et leur remplacement par une nouvelle Annexe A Structure de la municipalite et une nouvelle Annexe B - Utilisation future des sols. Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 12 mai 2014 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Incorporer des changements aux principes et annexes du Plan municipal qui sont n6cessaires afin d'assurer que le Plan et le nouvel arr6t6 sur le zonage soient aligns. Written objections to the proposed amendment may Veuillez faire part au conseil par 6crit de vos 133 be made to the Council, in care of the undersigned, by June 11, 2014. The proposed amendment and additional explanatory documents may be inspected by any interested person 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. The proposed amendment and additional explanatory documents are also available online at www.saintJohn.ca/zongjsj. objections au projet de modification au plus tard le 11 juin 2014 a Pattention du soussign6. Toute personae interest6e peut examiner le projet de modification et des documents explicatifs additionnels au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire A Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Le projet de modification et des documents explicatifs additionnels peuvent 6galement titre consult6s en ligne a Padresse www.saintj ohn.ca/zonesj. If you require French services for a Common Si vous avez besoin des services en franrais pour Council meeting, please contact the office of the une r6union de Conseil Communal, veuillez Common Clerk. contacter le bureau du greflier communal. Jonathan Taylor, Common Clerk 658 -2862 Jonathan Taylor, Greffier communal 658 -2862 134 NMI wa wumoer: H 14+o e Ad 10: 6954196 advertiser Name: Saint John Common Clerk Current Date: Apr 21 2014 09,33AM tdvertiaer Code: S71206 Start pate: 4/29/2014 rEnd Date: 4/29/2014 aze: 4.00 x 15.75 in. Color: BMI ales Rep: Doug Thomson Client Approval OK ❑ PUblic Avis Notice Public P.10F'OS�Y1111/tlPiLEI+{M MM, OE MDpFICA7gN DU AMEKID%GW '. ORBBA�AEEH��Ml1N NAL 6E:A11e10.AlAtI7 W.N1'D S6E5�711./ 1 711EPROPOM AOOIIIDN t' OF N911z011Nc WV.Lfw /Iq)yg�jE "W11*C"OFSU1kT1oFl1 ZOMA"?M',LAV=DE Pudic hbdcr b 1'ereby phrn - wwYOM 1 d,e Canman Coundl d Pu ks phema. m awl TZ h! Clty d SBII lehn atlenM le N[ GI damf Par 1,WM eonsider,n eme'tdmAnt lP Me le coven rnmmunydrmt W- Up.1 Dau ",. Plan I C6y d MM 1WM . rh—ion d'uptpr k moanouut do a) amend Pahues'114 and pan e'amfn.grmmr nwakroal LL19, With slJPltt to lh! wlc: establlderlevl PI 01e Pnrrxry a) b m , da pnc�)pes Oeaelopmml an.; 1116 nLL LU ' 9, L arremant b)— Wthtpreamhkand V&e JAlswm,nt duM dpd P.JU. LV-75'L"L"" 77, W— de dkv #b rm , Lu7e.ed Lu00, and.ddl h) h mhmfictlim du prfambule new141cy LIF 611.1, ±.'h mpnl ei 0" PrinuW LU -75, LU lo kdwt W Area+; 76, i)) -77, L "a N LLLBO, c) rtpnl the Pre+mdea'stl et P➢dJmnttln d'un nowcau Pa— Lt}7 PB and Ll1 -1119 Fdntlpe Lll -B0.1, ew¢emad In „➢dt -Wd b the R—) I — t— indeddds; Ird.wW Are.; gl'alxogadon d, prfamhade rt a)arrrmd A wacy Ll}tle, I dlLPmcyq Lt}ID6 et to -109, v/dtrespe to the htival, �orKlmam ksettn,r Y,tl'nt„el Trtmpodabon tle0pvadon; d) b motl6rMM du 1 e) 7 dd . rrfnwa.o PokdaF LU -116. cmc mom p c Pe Nk LW1201, .RV I df:fgn.6an de sectew dt 7 ranspon ifdi. ➢I; 4 rtpe.l the :xbtl S,htdA A I eu ragonclkn d'unc r2fE,esve -sd �. B-F U U1 _ pdndpet LLLn s Lu 2. enure!herd llsC aPrfs k prmdpe LLIIA - end d.l. A dtrm" a rarw Schedule..UkBSNr L.ntl 0ranr J.tlon de rAmearA a „n 3tlteduk B -FUNrc Land - ShUC(Ure b mvrudpl4lk UIG lXlhl.nd e1 d e I'Mneae APUdk Pr— Mlw'athr B- l6iLiali�n lWwe des .ah propeud .naendmenl,WM Ukr exnbnle el kU'rempllcemenl planenareguhr meeungd Per we rwlraeBe Arms ➢e ➢_ Comn+on CPmd an IAen� Strvclwe dr h InuNCp.In1 My 117P74m tbt C—d l tvunenouveltMnexeB- Chamber, by lend, CRY Ha6. lNlllrwm taw! des sak. REAWN FOR OlA1/f.0 Ik¢Pr6cY pudlque dp T. lntwp —r. di". m Me I leldmoo &anon aua pdrksand,m,Jpbdd'! nw brs dr la 1#.—. o.1-- ka,dtlPa Pl.n Ihm re rtgamd du co commun.l k kin ,_draraFp'mte't 17n.r ON dam la Wk- beh eml IN Phn and the City' du ramr➢, au are,u M' hat PmPosed new Zarirp 6y-hw- J'I kk A 6"11 dR rile. Wft -.W 6-1.drt PEON dF LA MOOFWJUgN: Fropoced.'vendmentm,y ,—pore, d. J'ergna be made mate C.UWLm a pmcpma, —du lmn urt d me u,op;JP'ed, by —,,P.l qA—t necas.lres rwa.11, 7014. The prapmed Nm d'--r Sue k Pb- a amtr'dmen[ ntl atldlUOnal le rquvtl ar,ft! fur k xoruge "pl—my tlacummb may SOS be lnspeticd byany Interested WWI"h'rt P.r tarmil Parson a5 tltl alto 4� lh! plr"dr VOl'1�JRCtl9r6 W Canmm Clerk d GmMh I pm)et de rrw'PRatfm w pm one Comrramlry Deaelepment I tarnk11W Tw7 prdtaemen Sq—, AM Hd, N 6prM dusousagn! . penore,e b,t- Sim I.M. N,& inl_rtW Pw. examiner bd4:3 t theholesd 6:30 am. less dt modhcalla'e and A:36p➢n.,Mmdry lhmrsgM1 I dWM- ng— eap6cmOt —pl Indudve, hn6days atld0mneb au hlwvV tlu e➢ttp.d. y'l/6ncrurxnun.l du au bwau Thr pmpaud lmendrnem du seraca nvitaa" ndu .ndeddM. dlVrlplyrenen. canoes .Wt do1h,Rrt —Mi beat. f SPMhel dt vYk, N,1✓u mlhe u tAaw.ulnlJehn.Ca/ I Square, Sours Irtrr, N.B., cope 6h30 e116h 30d hmmw vrnMtdL aaN b Ioun lMrFr. h rrqulre French svrkea iv I➢pP1e1 d<nnd':IUtlm et a Commas mend! nw'dmy PkesewMattdw office dtlie dv,t rc_b P. oplutih �armr'm aedc ,ddlllmnds,'1grdgrerr,mt ere consultfs en roae a 1oreth➢n Aylor, I r +dresse vlwx.sdngotn.od Common ClrM IarW; 6SO.2662 $1 avaxpbw.wm des s.Mrts de Carmen I Communal, Ov cmt.ctar k bu,e,u du 17'tl:ier I Cwnmuraal. J—th.n T.ylor, Gr~CelNnpnal j� 65 &7662 135 Corrections ❑ ,ct q DR A F-T P" L=lc ftw G C.Fridm *10 WwAms R—lAmas 5 C A" JOV Ram•): 136 4 3 ,K40ffW4-,% ..... ----- .... Utt— do dWnMffl- *4w OUWW—W� -� wq�l Aulm Roo— WbO. v er S-m--mmm..PSDf"...dtu. EBAUCHE 137 r ..... ----- .... Utt— do dWnMffl- *4w OUWW—W� -� wq�l Aulm Roo— WbO. v er S-m--mmm..PSDf"...dtu. EBAUCHE 137 ' A •. .� ! ~ ! rriWYiyr p.w.lenn,.rY N.afMal � ' ►�, ��, man.111wnen ArNa ii �, ;t • iY�h:._ •.qt "' Le•. w.,uy arvi.al �' sl ,y / � Yltia•bFipn peppy R.spmpR ltonla,u. A, ✓ � � � � � i �%, S ` �.. > EmPf^YmantArees T [ .� ST Regla+al RelaYCmVr ♦ /a / /r� —A1 t - �:.:�1 "'t &alrua Cenee /.� ♦...'' � R / a. � 1 �j�/ .''.:� y 6gtl. brrinrrJM Ccnlnms Ml 1, • '; . " 't;f. J.y I ` ' M1 Run16Mtl.m.M .j'1- � �1 1. ! � +��'i'• Rnl Roars ..i:.. �� ~ � ^ . � y. r-� � �r ♦ ..T -'r� . Rural aetitl.rpy � �. .,r • ��y',?' : f � ` ,., � ` _ 1 - •-yam ` O"W A— a'' - ep;•, f /- f`rrr.alnaigvaum a➢_ V - �PrN6ntlHM.I M+1 S1'e sntY. au Anna f far c - 1 r • a. -III DRAFT SchedUle �• �, .,In.w��we•.rnW Mpa. aYn _ I y. W.ww wn,Lrw.iiMi.rwYbip4.w,l.rr►. 138 � � :rV • • ` T.' �' {:, eK `n. `. it •� r q-EL ,,. - af°'" '�ti�5 � �ixr: yam. r EEAUCHE �MTibaMI�A�IMM�pY�i •IrYwYYM1n�4M4 w�rwws� ,MY• Yom. Iry rM �MwwMMM1 r�MM . Ej �xnH�w�wr.Il��In�1�Yr yy�o wwM�M� r ��w0�•1��K 139 ! I i PMIPPI weltu M W»bpyOpfA Ryp) i Ctwn NAenalfkMla� MH6HN � du. Mu< rteaune.l F d.wn rw a, mer«�. - aeaYerlYl � e...�•may.�r. eo nnr I' • :,en2 wticaa Gm�'eul GnL•! W Wiw tNa4� SMolrs dLmplaF '^` talc. ILdona de mmrls ds tl1Y1 GIb�C�bFM farnrarcYlTable rdw.. raw IMpYiy Yp•lu L'011FQOR .rr'Gmnw�l •aN+.rR .rr a...m.� n..h Avina sMalrs T—.P. Yaw ;� fAER•mmm wrtmonauar.nMv "wink Rkwr WaM RECEIVED COMMIN CLERICS OFPCF , JUN 9 2014 CITY OF SAINT JOHN June 9, 2014 To Mayor Mel Norton & Council of the city of Saint John , We have expressed our concerns to this present council & the past council over the new municipal PlanSJ & ZoneSJ for some time now. On Monday May 12/14 the final bylaws were presented to each of you for consideration by the city's head planner. In the propose bylaws for our area of Saint John in Red Head -- it is proposed that our lands be rezoned to RR & IM ( Rural Resources & Heavy Industrial ) . They are presently zoned RS2 & RF . This land was originally purchased for our family to build homes on some 20 years ago. We did not ask for or want our property to be rezoned to that which is proposed by your planners at city hall. In fact from day one of the city's intention to renew the municipal plan we requested that our lands remain RS2 & RF. See letters & emails that you have on record to council & planning. Also nowhere in P1anSJ or ZoneSJ does your head planner acknowledge our rights to build homes that are guaranteed by the Bayside Drive Controlled Access Street By -Law of September 24, 2007. See copy of attached by-law. Once again for clarity - our lands are to be Ieft as RS2 & RF plus the legal right to construct homes on in the future . Sincerely , Dennis & Janice Griffin 865 Red Head Road Saint John NB E2P l J3 pid - 00336701 140 BY -LAW NUMBER CP-13 BAYSIDE DRIVE CONTROLLED ACCESS STREET Bit- -LAW Be it enacted by the Common Council of the City of Saint John under the authority of the Community Planning Act, as follows: I This by -law may be cited as the " Bayside Drive Controlled Access Street By- Law ff 2 This bylaw declares the Bayside Drive arterial street between Old Black River Road and the Proud Road (previously this was referred to as the Red Head Secondary Access Road) to be a controlled access street and under this by -law there will be no access allowed to this portion of the street except as set out in this by -law below. 3 For the purposes of this by -law, the term "parent property(s)" is to refer to the parcels of land that adjoin Bayside Drive between Old Black River Road and the Proud Road and that were existing at the time of the construction of this section of Bayside Drive. 4 The portion of Bayside Drive and the parcels of land or parent properties referred to in this by -law are shown on the map in Schedule "A" attached hereto and forming part of this by -law. 5 Limited local access to Bayside Drive will be permitted only for the following uses and situations: (a) resource, utility and emergency access; (b) local street access to be allowed as part of a subdivision plan where the design of the subdivision is such that all of the proposed lots front on the local street and the sole access to those lots is by 1 rstUEJV; - ;f — COMMON CLEF?X- JUN 9 2014 ARR M NO CP -1 CITY - pF `,N "f r' ;f -; d AR'IRETL DE LIMITATION D'ACCLS DES RITES --- PROMEI4AADE BAYSIDE Le conseil communal de The City of Saint John, sous le r6gime de la Loi sur Purbanisme, 6dicte ee qui suit: Le present arr&6 peut ttre cit6 sous le titre : o Arr&t� de limitation d'acces des rues promenade Bayside v. Z Cet arr&6 6nonce que la voie art6rielle appel6e promenade Bayside entre le chemin Old Black River et le chemin Proud (secteur connu autrefois sous le nom de voie d'acc& secondaire Red Head) devienne une rue i accts limA6 et, en vertu du present arr&6, qu'aucun accts ne soit permis pour cette partie de la rue, i 1'exception des instances 6nonc 6es ci- dessous. 3 Aux fins du present arr&6,1'expression a propri&6(s) d'origine N renvoie aux parcelles de terrain attenantes i la promenade Bayside entre le chemin Old Black River et le chemin Proud et qui 6taient pr6sentes au moment de la construction de cette section de la promenade Drive. 4 La partie de la promenade Bayside et les parcelles ou les propri&hs d'origme auxquelles it est fait r6ference daps cet arrft sont indiqu6m sur la carte d %m6nagement figurant A 1'annexe a A » ci jointe et faisant partie de cet arr&6. 5 Un accts limit6 i la circulation locale sera permis uniquement dans le cas des usages et situations suivants : a) un accts aux ressources, aux services publics et an cas d'urgence; b) un accts i la rue locale sera permis dans le cadre dun plan de lotissement of la conception pour le lotissement est telle que sous les lots propos6s donnent sur la rue locale et que le seal 141 means of that local street; in the case of a parent property that was divided by the construction of the Bayside Drive arterial street, local street access is allowed on that parent property on each side of the Bayside Drive arterial street; (C) one driveway access in lieu of a local street when the location of the local street, as noted in 5(b), has been assented to by Council but no local street has been developed on that parent property, with the condition that; (i) only one driveway access be permitted and is to serve only one lot on each parent property (one on each side of Bayside Drive); (ii) the driveway access be located where a local street would be developed according to the assent of Council; (iii) provision be made for the turning of a vehicle(s) using the driveway so that no vehicle would back onto the arterial road. 6 In each case noted in 5(a), (b), (c) above, the developer will be responsible for the design, Construction and paving of the access from the parent property line to the paved travel surface of Bayside Drive in accordance with specifications of the Department of Municipal Operations and Engineering of the City of Saint John, in addition to the normal requirements of the Subdivision By -law of the City of Saint John_ This will include providing appropriate culverts and any necessary provisions for public utilities. E RECEIVED CDM"4 C'LERK'S O FFlCR JUN 9 2014 acci s A ces lots est au moyeh- � AN'- rue locale, dans le cas dune proprj&6 d'origine qui a 60 divis6e en raison de la construction de la voie art&ielle promenade Bayside, Pacci s A la rue locale est permis sur cette propri&6 d'origine de chaque cW de la voie art6rielle promenade Bayside; c) une voie d'acc6s en guise et lieu dune rue locale lorsque Pemplaccmeut de la rue locale, comme it en est fait mention au point 5b), a requ Passentiment du Conseil mais aucune rue locale n'a 6t6 am6nag6e sur cette propriete d'ori&e, A condition (i) qu'une seule voie d'acc6s soit permise et ne sert uniquement qu'A un lot stir chaque propriete d'origine (une propri&t de chaque cdt6 de la promenade Bayside); (ii) que la voie d'acc6s se trouve o14 une rue locale sera construite conform6ment A Passentiment du Conseil; (iii) que des dispositions soient prises pour le virage de v6hicules qui utilise la voie d'acc6s de sorte qu'aucun v6hicule ne puisse reculer sur la route de d6gagement. 6 Dons chaque cas mentionn6 aux points 5a), b) et c) ci- dessus, le promoteur sera responsable de la conception, de la construction et de Pasphaltage de la voie d'acci�s de la ligne de la propri6t6 d'origine a la surface de d6placement asphalt6e de la promenade Bayside conform6ment aux specifications du service des Op6rations et 96nie municipaux de The City of Saint John, en plus des exigences normates de Parrea concernant le Iotissement de The City of Saint John. Le promoteur devra 6galement fournir des ponceaux ad6quats et prendre les mesures n6cessaires pour les services publics. 142 IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal Of the said City to be affixed to this by -law the 24s' day of September, A.D. 2007 and signed by: Fast Reading Second Reading Third Reading C()M, N �j SLIM EN F4J DE QUOI, The City of j.,hn a fait apposer son sceau communal s arr&d le 24. jour de septembre 2007, aver les signatures sWvantes : zMayur/Ma—iTe—�e - Septem] - September 10, 2007 September 24, 2007 3 v rvvcwv Deuxkme lecture Troisii me lecture 143 in septembre 2007 -10 septembre 2007 24 septembre 2007 9 2014 �-! iv Bsyside Drive Controlled IAccess ree y Lew SCt de limitation d'sccbs des rues — Prom. Bayside pp Subject Sitelsite en question: . _ r Location: promenade Bayside Drive Date: July 24 juillet, 2007 Scale /ftheRe: Not to scale/Pas A Mchelle Y.% A 92014 st A/Nr PIDWMIP(s (q? o R:'- _J�2 A � %-i,b� tfaYsIde Drive Controlled Access Streit 6 Arr6W do limitation d'accbs des � rLaw - Schedule A rues - PrOm. B8,YsIde - Annexe A j IT StAbjectSite-Isite on question: Location: promenade Bayside Dive July ,24JU1110t, 2007 "'3 - R - ---, Not to vmle/Pas A 116ctlelle . (41144(3 le. 145 ti N CL, R O.d 01 X92014 5 PID(S)/NIP(s)Mj 3 &-7 0/ 1 Al2L -ZIP, THE MEMBERS OF PLAN SJ AND COUNCIL On the surface it seems to be a good idea what you are trying to do by getting the citizens to move to the center core of the City. This may work well for the Middle aged, and Senior Population but the younger generation do not want to bring their children up in the City Center. They would rather bring them up in areas where they can breath fresh air and have areas to play in, not on streets, parking lots and small green areas that are used for other things not conducive to a children's play ground. People are also sick and tired of being taxed to death for the few things that they receive for these high tax dollars. They move to the suburbs where they get these things, along with things for their children to do and places to do them in at a fairer tax rate. I do not feel that the City or Plan SJ have the right to arbitrarily change an areas designation without even consulting the Citizens that will effect without a community meeting as this effects all people in the area not just a few people. You are expanding the McAllister Industrial Park, the 2 gravel pits (both Thomas and Debly) and the Debly Rock Quarry and you will also be re- zoning the Anthony's Cove area down to and including the Mispec stream. I feel the residents should be subsidized and for those who have to move due to continuing health issues that this change will exacerbate to be able to be relocated. DAVID G. GRIFFIN 146 (t opu JUN 1 2014 ), ri June 6th, 2014 TO: The Mayor & Council, The Chairman of the Planning Advisory Committee, The Common Clerk & The Planning Office. RE: Municipal Plan Amendments AI's Ultra Car Sales & Service 2086 Ocean Westway, Saint John, NB E2M 5.11 PID # 00287458, 00287441, 00287474 We are writing to ask that you include us in your Municipal Plan Amendments, so that our properties fall under Stable Commercial Classification (MP Sec 3.5.2), and not stable residential as I understand is in the current Municipal Plan. If the city has another designation that fits a Commercial Car dealership which is our existing use and not making our business an exception we would consider it. It is imperative that the Municipal Plan and Proposed Zoning By -Law be aligned to reflect our existing use. We have made our concerns with respect to the proposed zoning known and hereby reiterate our concern. We are a large car dealership, which has been in existence at this location for over 20 years and continues to grow and evolve. We are asking that you recognize our dealership as a Commercial Area, which would PROPERLY RECOGNIZE IT'S EXISTING USE and not as an exception. Our Property is located on Ocean Westway (Hwy 100) and Hwy 7 beside us (see schedule A & AA), The area is a vast mixture of Various businesses. The area is not transitioning into residential at all as is suggested by city planning officials. Not a single business has reverted back to residential and there have been no new residences built in many years. To the contrary; The City is looking to rezone a huge property just down the Road (Hwy) from us to be zoned Light Industrial (see schedule 8). We have had much correspondence to the city with regard to our property and has been our understanding that we were to be a Commercial Corridor (CC) in Zone 51, (see schedule C) and would ask that you please amend the Municipal Plan so that it is proper. Our long established Pre- existing Commercial Business should be recognized as such, and not be an exception. We were here long before the Municipal Plan, and were told by planning officials in late summer 2013 at a town hall meeting, and was in the Oct 2013 City Zone draft that we would be CC Zone. The CC Zone designation, with restrictions if necessary, would be acceptable. There are many other comparable properties thru out the city being amended. Just up the street from us the City Of SJ has recently acquired a property (formerly Fundy Fencing) and wooded areas beside it to be designated as stable commercial. This is directly across the street from a brand new housing development (See Schedule D). There are numerous other examples the city is looking to amend with Stable Commercial designation, Bentley St (Green Lee Shoes), CedarCrest Garden Center, On the Vine /Tim's etc ... We respectfully request the same consideration. We believe the City of Saint John wants to do right by the business owners within our city and we are only asking what should have been done at the outset of Plan SJ. Our property meets the requirements for Stable Commercial designation, If the city has another designation that's fits a commercial car dealership which is our EXISTING USE and not making us an exception we would consider it. This Commercial Business is our life's work, We don't believe it was ever the intent of Plan Si to have long established Business owners losing sleep over new designations. Our Bvnafide Pre- Existine Commercial business should be in the Municipal Plan as Such, and should not be an exception. Anything else would not be Proper or Fair. Thank You Al Williams & Karen Connell Al,�iik-:�__ 4_4� dy-;,V4 - COMMON CLERK'S OFFICE JUN 1 1 1014 147 CITY OF SAINT JOHN 2086 Ocean Westway # 1 - - -- - - - - Oct. 2013 Draft RL t F� x r- C. CG I % .tip '�c -ti`a �, -" "`" P L IM. FL - • . s a4 k 1'. . FD art r ? . Y r. _ r, , . \.. �!� 1 I H:.. "�.• .�?,,(�•;• -y} ` 1 i t �"' �� y 4 "i In . ....rs i h aG�"=f♦ ta,,;t�y/ "- �?l5ed < F.�N 1 , !• hv✓Fj i.F 4 t. ; it•j •i,� y T ..�... r ( } :i ►i,>are ,�'.� C"" ,.'' A {..g�%' ?7. t;.� � �''!FD Legend Subject Property (ies) I 125 250 500 I t t a I t i t Meters PID(F): 00287458, 00287441 and 00287474 Oct. 2013 Dr ?,t: Corridor Commercial (CC) and Rural (RU) Map created by the City of Eeinl John .� Ca.tc produite par The City of Saint Jahn Fcb. 2014 Draft: General Commercial (CG) and Rural (RU) ©2014 The City of Saint John Dat --:February 7, 2014 cur �,occc�-,tc)n 14igkwa:ys t:3-f he, ke.,5+ 01�-- our gas ?,r C> -P @r'�'�f J YA z OFD s, �r.y. X. Legend Subject Property (ies) I 125 250 500 I t t a I t i t Meters PID(F): 00287458, 00287441 and 00287474 Oct. 2013 Dr ?,t: Corridor Commercial (CC) and Rural (RU) Map created by the City of Eeinl John .� Ca.tc produite par The City of Saint Jahn Fcb. 2014 Draft: General Commercial (CG) and Rural (RU) ©2014 The City of Saint John Dat --:February 7, 2014 cur �,occc�-,tc)n 14igkwa:ys t:3-f he, ke.,5+ 01�-- our gas ?,r C> -P @r'�'�f J z OFD s, X. Legend Subject Property (ies) I 125 250 500 I t t a I t i t Meters PID(F): 00287458, 00287441 and 00287474 Oct. 2013 Dr ?,t: Corridor Commercial (CC) and Rural (RU) Map created by the City of Eeinl John .� Ca.tc produite par The City of Saint Jahn Fcb. 2014 Draft: General Commercial (CG) and Rural (RU) ©2014 The City of Saint John Dat --:February 7, 2014 cur �,occc�-,tc)n 14igkwa:ys t:3-f he, ke.,5+ 01�-- our gas ?,r C> -P @r'�'�f J New Brunswick Route 100 - Wikimedia, the free encyclopedia New Brunswick Route 100 From R'Mpedia, the free encyclopedia http:/.'en.wikipedia.org/wikitNew—Brunswick—Route— 100 Sa%zckv%& A 4 Route 100 is 49 kilometres long, and runs from Saint John to Hampton, New Brunswick. Route 100 follows the through route across Saint John and the Kennebecasis Valley that was used prior to the construction of the Saint John Throughway and MacKay Highway. 1h road Wimos on qsiint John's Wa and Fairville aanlMaGL and crosses the Reversing Falls Bridge to Chesley rive on the nort en . It then crosses a viaduct to the city centre, where it takes City Road to the east side, and leaves Saint John on Rothesay Avenue. Route 100 continues as the Hampton Highway through the Kennebecasis River Valley towns of Rothesay and Quispamsis, and uses a former alignment of Route 1 to reach Hampton. See also ■ List of New Brunswick provincial highways Re €erences 1. ^ New Brunswick Department of Transportation: Designated Provincial Highways, 2003 100 AV Route 100 Route information Maintained by New Brunswick Department of Transportation Length: 48.6 krn"I (30.2 mi) Existed: 1976 — present Major junctions West end: 1 J Route 1 in Lorneville Last end: FJ Route I in Hampton Location Major Saint John, Rothesa }, Quispamsis, cities: Hampton Highway system Provincial highways in New Brunswick Former routes Retrieved from "httpJ /en.wikipedia.org !] Route 95 Route 101 /w /index.php ?title— New _Brunswick Route_100 &oldid= 604248287" Categories: New Brunswick provincial highways Roads in Saint John County, New Brunswick Roads in Kings County, New Brunswick Hampton, New Brunswick Transport in Saint John, New Brunswick New Brunswick road stubs s This page was last modified on 15 April 2014 at 03:21. ■ Text is available under the Creative Commons Attribution- ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non - profit organization. 149 1 of 1 2014 -05 -30 8:42 PM f a`% tit , , +r . Saint John Industrial Parks has been very successful in fulfilling its mandate to create infrastructure to facilitate the sale and development of industrial lands with the vision of generating tax base for the City as well as jobs for citizens_ So successful, in fact we have less than 50 acres of land in inventory for resale and development purposes, we simply need to increase our inventory so that we are prepared to address future development needs and opportunities. Opportunities which will expand our tax base, and ensure jobs are available for Saint John residents. We have applied to re -zone the 40 acre parcel of property bordered by King William Rd., Ocean Westway and Route I as a step toward rebuilding our inventory. II .r We know you will have questions. Vye have attempted to ldendity and aadrres: a few of those questions below; What types or; businesses can we expect in this development? We are applying to rezone this property as Light Industrial. Will there be increased traffic on Ocean Westway? We anticipate Route 1 highway access to be a prim aryfeature of the location; v will be additional tra (c onto Ocean Westway. Is there a restriction on hours of operation for tenants, In our experience, fight industrial users typically operate as 9 -5 type operations. Tell me about noise at night? Because light industrial users are typically 9 -5 type operations, minimal if any noise impact is anticipate( outside of their normal window of operation. Will there be light pollution? Certainly fight spill is a legitimate concern. We will mandate tenants that they are not to have rear building mounted lights and further a proposed 45 meter (150 feet +) buffer between the businesses and existing residential will be enforced; at 45 meters the buffer is 50% wider than mandated by current city planning documents. Impacts to Watershed The proposed development is outside of the Municipal and Provincial watershed buffers, no impacts are expected. Further, SJIP, which has an established record of environmental sensitivity, will be held to the standard of a 100 year storm in the planned control all surface water. Will there be blasting at any point? According to our initial site investigations there wrli be no requirement to blast for installation of municipal services. scov\ackul E. OB T%)s+ damn road Fralm 150 •2s. S { 2086 Ocean Wesfway f 1 n5 PISS' z- RSS n i VOZct. 0 13 Draft R }?2 ; FD t � y� + y S 4 't :�� i% V�.�' +•W4 A: :. •yam"'. y^* �". r +.. i. ti . f tf I Y J _ a„J )� !: `�'- sue°'• CG f fib ✓t L a v' t ,C'� r$ -•r. t� I� • Y:`.c r �. ' a` 7! it { 6Y�' _ ' r.•,+ FD RL 2E t�^ 3 ♦ "�� ij r + . cjrr x1 z FP '� y'- {..' -�•� is ! �4 r• fy V � G �.�- :• C:` ` ; �,' K' a. -r �'b "t•.ti'�:AV� �y �'��•,:'.,�i {� } �� ,y 1 ,rc�.. `, t r� ,4 ^1'�. , � '.. 2•.,.i. �6• J O- i 7�CaG• 10, �+s �_�,♦ ice- �:,••.i t ]�4 ? i ,! > �y ,�"•'"' F�'y Tr .may':" J 't$ ,tL� ? '� 7 _5r _y, a ' ,1 .x7c r!2 ` L FDA_ `�� • i A +jfi { tom. Y,( .• ^i'�l'•r - 7' 'Y � ��• ell- - VJ .. � t Sl IJi ti f rj _•.`_ - s., Map created by th' City of °3int John C:-rtr prodtfle par The City of Saint John r Nwx .� - F ✓t -s S k 'ti .•J L �� ,jam ' � ty ��(.w ! r �•�, ,rte S / ,mkt F � 4•' { tom. Y,( .• ^i'�l'•r - 7' 'Y � ��• ell- - VJ .. � t Sl IJi ti f rj _•.`_ - s., Map created by th' City of °3int John C:-rtr prodtfle par The City of Saint John 2074 The City of Saint John Legend Subject Property (ies) FIC(&): 00287458, 00287441 and 00287474 06L. 2013 Droit: Corridor Commercial (CC) and RUral (RU) FeJ. 2014 Draft: General Commercial (CG) and Rural (RU) $0lqMdv \e co 151 0 125 250 500 Meters ti f rj _•.`_ - s., Map created by th' City of °3int John C:-rtr prodtfle par The City of Saint John 2074 The City of Saint John L \I L ro IQ Cc d (II :N\ r- E� � (U C L N D N ry l6 XWII ' WO Zoe i �Y CL E CL' ,d. t y X LL1 %,,_ f 1 r Scvttav\c* 1> f6 �� (E) i. 1 72 AlfE M CD CL v ta- p PTO Y .2 2 L ro N W xf CY Cc, s 152 7� 00 EL CL E ca r LU /! 3 N Q N✓ � ro co z a 4 f' f. i ti I I , i j i I , I I 1 7R r' \ v Ir e ' r i 2086 Ocean westway T _ r our 153 June 9, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Clean Sweep Initiative Background: I am interested in an initiative whereby the City could provide support to citizens who sweep up their sidewalks. The gravel /sand is often heavy and difficult to get rid of, but with support from the City, at least for the month of May, we could engage citizens in the beautification of Saint John. The proposed initiative would not include any garbage removal per se, but rather street/sidewalk sweepings. It is my understanding the city currently works with some community groups on these types of initiatives; however, there are no formal support agreements in place. Motion: That the concept of the city providing formal support for citizen street sweeping initiatives be referred to the City Manager for a report and recommendation. Respectfully Submitted, Donna Reardon Councillor 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- 41-1 154 �. L9 d� r The City of saint John June 23, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: External Access to Building Permit Applications Background: New builds and renovations that increase assessed value of property provide a positive lift to our tax base and the permits issued to engage in these activities generate revenue that flows direct to the City of Saint John. However, the process of applying for a building permit can be quite onerous for a number of reasons, including, but not limited to, lack of knowledge of the actual applicant if not the builder or contractor and limited accessibility due to hours of operation. In addition, limited resources constrain staffs ability to ensure proper building permits are acquired for all appropriate projects. In the event that projects move forward without proper permitting there is the potential of a negative outcome for both the project proponent and /or the City; loss of revenue, requirements for adjustments or changes to projects or, in extreme cases, demolition of a project. It appears an opportunity may exist to work with local suppliers of construction materials to both educate the public on permit requirements as well as create an alternate method of permit application through a partnership with these retailers and vendors. Motion: That staff explore the opportunity to partner with local suppliers of construction materials (Home Hardware, Kent's, Home Depot, Ritchie's and others) to assess their interest in partnering to offer access (via online access) to building permit applications within their various locations. Respectfully Submitted, Dr_ Shelley M_ Rinehart Deputy Mayor (received via email) ._a[JN TT JUFfIN PO. Rox'1971 Saint John, NO t:: nutda E2L 4U I WWuJhti0hr1_Ca I C.1? 1971 Saint John, N. B. Cinada E2L4L1 -- 155 REPORT TO COMMON COUNCIL OPEN SESSION M &C2014 -093 June 12th, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT : M & C 2014 - 093 - 2 - June 12'', 2014 into compliance. These letters were largely ignored and the property remained in violation of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law. For the reasons described above, a Notice to Comply was issued on August 30, 2013 and served to the directors of the company on September 18, 2013. One of the two directors of the company appealed the Notice and on November 6, 2013, the Saint John Substandard Properties Appeal Committee heard arguments from the City and the appellant. The Committee upheld the Notice to Comply but granted a short time extension for the property owner to comply with the Notice. Their decision was served on the property owner on December 4, 2013. The Notice required compliance within 60 days of service and therefore compliance was required by November 17, 2013; however, the Saint John Substandard Properties Appeal Committee granted the appellant an extension in time, up to and including December 31, 2013 to carry out all necessary work to remedy the condition of the property. Given the winter conditions and the accumulation of snow, staff was not able to verify further progress until spring. A compliance inspection was conducted on May 29, 2014 which revealed that at least 59 of the 69 vehicles, equipment and machinery listed in the inspection report remained on the property as well as many other unsightly items. Attached for Council's reference is the Notice to Comply that was issued, the affidavits of service of the Notice on the directors and the decision of the Saint John Substandard Properties Appeal Committee. Also included for Council's reference are photos of the property and a 2012 aerial photo highlighting vehicles, equipment and machinery on the property which have not moved in several years. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting cleanup activities at this property. Staff estimates the cost of cleaning up the property to be between $60,000 and $70,000 and will be approximately 6 to 8 weeks before it is completed. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, an application for cost reimbursement will be submitted to the Minister of Finance for the Province of New Brunswick. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the cleanup and permanent disposal of the junk, rubbish, refuse, derelict vehicles, equipment, machinery and/or parts thereof at 63, 67, 71 and 75 Fallsview Avenue, PID #55054746. All work will be carried out in accordance with the applicable City purchasing policies. 157 M & C 2014 - 093 - 3 - June 12'', 2014 Respectfully submitted, Christopher McKiel, MIT Technical Services Officer Growth and Community Development Services -4 � Amy Poffenroth, P.Eng., MBA Building Inspector and Deputy Commissioner Growth and Community Development Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager 158 ° cD �° ° o 2: ;� s o- � ° n o n O , g n ° B � � h 4 2" ' U� q � C, Ca D .. .� c d 9 � A � r o a > @ p > Ov O O Sv ° p O F o � O o �' 8 A. 1= = �< r. C , " o w � ' o .�� o O o 3 ! , •od . ia ' o 0 so Qy i ca r u h .n P. o a N •, ... '�o R P aN ^' a �` �r� . .w . . w p O . n �.,• • , a a , a yp ry 0 C7 `vr t"V✓ l x a eO D O AZ ) ' R02 10 ° ? C Ct O O PL a o w c O R v A ' 0 D ~ C�O N O "4 CW° \ (� O A O O Col. N y `C O � C o ° p CD 0 J c �Q � 0 4 O - . d n c Z ° o Oo c� A ii N � ;eCO eD D CA . ID N n �' b , � O 3 O CD m 0 O 0 0 N th O O CD CA o CD w m co v0 A a sv w o p- Cl, C (A N 2 � c v "0 CD O A w 0 O� a � . . ' Py O y7-� , I O o w Q cfD CD p. o D � . '�� a\ �� a• J � o oc � o co o a o C o 0 c P. � � O CD ►r c`' o �° ° � � � Q , , 0 c 0 � C w b ° a a p w 0 O- o o C, y CD 0 r' co �7 CD o' vq o o � co CD ' O CD ° g b 14 O c Oa u z, OC. :. C p it -0 n .O w co a ° `! C O ; ; P. ch 0 O w � �' pai a � • n � � � � .. ' D c c mss w ( c a o a n In a O O t< o, �' o :v- r a o ti O o d =- a u a' d —'(y a w n= tv C`� <O +D . CC c �� !'C •CC tr � o D D r 0 C >' . O C '<CCC? � * i 1DD . , J a C y N r , . Ca Cd '�< cCn D r D .D .. . �O o y y Cia CD ✓ D: cc w C° e .G . f O C ,.a •► . �c" * + ' �o a "CD S ^ y a O �a _ O a 'sw v ' a CFD �o p r O �p . csO s7 ~y v o �� y N n O A - ' ' - ^ CA e� pi�3 D D + `i w A vp � . �oN � ] \ � s< � rz v��O SfCy e✓ - r � D D , , r Z o � .O G O n iC "e✓ .D! . . O �n O bi y . " cC.co,� J vC R�FV`�n►� -1 'o D p ti i .oJ `cCer ?d ?A _� ?p A p ^A p .00 O . O a a O o c O AO CA C o x CD .0 �w . O w i 4. O v , 5 � O n CD � " n ° A ° ° e rfl ' � O O O.R E � . M 1. Z b pC CD N -0 a w . 'COD �. C, ^ R 4 O "O O e0 CD (O • r✓ n v C 0O .. ]. ` O O C d O a �. 0 A A V nn ° y CD, a C CD O O O 0_ D cn p C C> W CD 2 C CD E o 0 N O a CD 'A n A . A O CD O 0 C .. (A ^ o n A' Cv a '�O i p CD A CD D CO ) 0) O D C sC, 0 e O r. rl, CD _ 1 o 'd � a O C o CD, . o C N C C Cp n C CD CD, h O w ,f. .0 CD, n ►ti ° n x O O eD a> (9 CD G e"! O o CD D . i N ,�v oW r iZ IRS. 1 .. , . ' C +.O ' J W ' ct � C C w a ° cn CD ° y r a -I (C 9 y CD r �C Q ' O . CD O (D O m C rn CD CD CD N Y S• CD ° . C S C, w ;: � w C Cy A CD CD CD (Q $Z ' �O + .. -4 0 p '0 D A o o y C . CD ° ° 0 y + q r � CD PO C CD a P, F C C) A A. CD CD a , Z3 C, < CD, tz a 0 O CD p O 0 ' C N , � C CD y a ^t. ° O * r°` C, CL ( O CD CD C N O O ? c ° ( w O o CD, CD cc:, X O . r co ° CD cn CD, 4 ; SQ- NA ' 9 CD C, N, CD >1 =° O � z0) t I o r cn P. ' y w y` ;3 ti ( =+ N N w A0 i w w .9 N 8, C w n . N o w rA . . . y ��O CiO Z C/:� 1 i J , �tO C-:i • ' � 159 'o w r'A_.. • . c`Y D o N a c�D ' t�vpN 3 � . . N CD �O ¢•(.p , . a ° CfCQ D b tiy .n. . �eCw e D • r�A r o W IV 110 � 0 T= �3 ' O y C) �' • o" CD n fy �cp 1 7 °rA ? - `.� -.- . b n A .".. • » go C) 0 Coca. 05 ;lf j . Cp � c n.D . (D n . CD Oq .y y 1: CD z2 m ° CD �RA e D 0 C A D y o co a v o, o °, H hCD ° °� _• �� ' CD y a. UQ � n � r' N C SD b v � y p CD 4 5- 0 D y R O cor ' ks a a m P. o u 0 ° o P.P. c eD P FC`p�t ) � v(-� i f K y �. ' CD CCCS D) ' .' . "� `f o CD m�" P ' �.'C 3 'o ¢A � CS • �fti � �w o --. v� Ar � r �wC i �•"� �Sy .c Or.. H � �" CA O CD CayD e p ' ° C C¢ w w - o I O UCD o o y o o" 19 A O+ A n p ° O O A. ^p z c ° o' (8 o ' o CO Z z 00 10 y C co U, m w C) 0 w v'OOR � K N co O Q.N COD �os7,��0 y �O� Za Z— -* — er, : p A + �, ° a Q CAD UQ `c rC� O o p r� p O p b � PL ,., ° '7• pA1 CD y g• o A Q fxD 1° cRO °W ran eA� `3 ^W p i ° O �o f�D o � y y r: ` CD � v A A N " oo c o O mo: A oa o'd A � o u c ao o 0 n� w o 0 CA CD o q �• �- ¢ -• o v, 0 Cr co OC N ' CD w 0 O r CD w CoD r R- O O O 'C3 C1 w A • 'tcAO =o A � D r - y Qw C�O o o " D" .s, • . C vc>Ct o Di , '.n c° O °7 O O .w° � . ' N CD ° c � CD A CQp " .C. � A 0 D r • y �w O 0 . . b .e•4 , . • r ry ` etz ' . , N y�p `cw oi i • , (wH _ '� ' ACo `D � t O .O o A . .A� � ° o C .� ti • �y Ao b � p• ' O a o c C„o cCd A� d o ° ° aO ,, o ° C C p v (D N CD CD, O O A O �C CD, CD A 10= (OD, CDC lri CD, F„ b• 'O ° CD CD CD C CD . b A CD (D y N ^O CD- CD, CD ° (D COD' O O 0 CD, "3 = �l — A g '."R .0 . E. CA D .< n O o ° °0�w n D i A � ." t.Cwr D * �. y ' • . o C A CD G CD C � 0 c ° X ' A ° c — � o �B A w E o B C-D, O CD 0 fD ° CD, '2 i� N O p -Z' • (D O C �w fi' p 'P Q. O w n o jf'D` O 2• — r , a oc, 0 C° CD '* 9 A 13 w - O CCO"a d w 'A �D 5 V CA D * ' Go ' -A�S � �N o . 00N p �, . �}w N .�•t . ' �� . • :COQ'~ .D* , .. . y O O O C vAi C3 O n (D 0 •ty r-* • cA O o v ^ v O vOAi 'A — c `~ ° .Q G. 'rA �N s , "w A cD¢ ' <apo - • � vC��.�_ D j , ' "w C w p � n w ' 'Ao A� GCrD • , + . ° AD O A n co, El CL O A O N r� q 0. ti ' A � p r�R n Dy N c NCCD' _ 0 P A A . SaO N 'C3 0 p CD CD � 2. `CC D �� w N a .0 CD p ° a o CD O 0 "b w' .O CD ! CD C CD g* y fD Z. P t '+ o '3 b CD CD CD m n C CD O . C 'C `p (D `p. A- o CD � S. CpC� h A N a. y CR p, �N (D N o o C�> = W Go N oo w 'r+ m A O CD (D lD w A w' CD 160 K rD 51 pa =y r. m CO O g a'c� 0 G n a ^d o co 'c co co 0 M, n ccr 0 aca.. b co �• S o a �p O �' W � N 2 n s .d . T. C CD G y a o° CD w n a CO CD xo 0°° co G0^ °G. w co co coo G o v < O (D H K, J=L N N y. CD O C C O C M C. ' Fo D sn � � c• G. O », 0 0 0 �0 N. co C CD ° O Iti co r°. =+ w w CD O El w W (AD G `O • MHH CD 'CD CD � cD � 00 K N � v. A o tD O -'' A CD K O, D1 W t!� O� N v. 161 trJcnbn H co ro o pq. C X CD O cn �gal w bd u��a CD 0 O r n' ITJ 7�' O O bd UQ a A A BCD rA V 0'Q � a� � o x N• y C. C D� b Rn rQ O d O o� V, d az (-) r�CD - CD r ° W y K i CD '° o C CD Ca C C -.4 CD CD � � O o CA O u (D bd UQ a A A BCD rA V 0'Q � a� � o x N• y C. C D� b Rn rQ O d O o� V, d az (-) W A 5 K CD CD 0 C CD Ca C v� CCD o ks o CD "oI lD. C CD CL C) 'd O• � A C. (D V) v? 4 d N m. 0 CD � `C CD CD M O ° l W � � A O � O W 'Q o n o cr - dCC n D N 0 O CD 0 CO y p O O O R O O C O Z N �O A CD O w CD °° CD % O CD CD CD c � O K C CY Cam. Cy CD � a, C t Mn ] � p CD o � � Co � �" `� � �+ C � � Pot iy A. A p CD O �� sv C-� (D Q. O CD ..� C1 '� �n ,r y' COt O ^ A p, �r rt 11:1 CD ` M y C f�? t OM Ci !c /J �D (p ri CD vWi C C� C W 'L� Qq' Lj (� en. ► CD Cr C u COQ. o CDC ] <- 1 o �C �arq �.a� coo °,� coo a.C°� a. � 0� CD CL p 0) o _¢ C p 1. P) F r Chi 'TS .�.. CD " CD v' C) "CD i7. G Cho Ctl p CAD �' C) Cp l A CD ". p CD O CD O f1 O `c O `� W n C O ... CD A� O sr c+ O a �. L3 O O rC O rn C+! o '- C) CD fD CD CD C) , , ss C) CD (�- �,, O , CD O sy 1:1 5 �. n O n O CD o CD rA PA sv o � , — 75- 0 w � c 1 � cD CD Cr O � � cD � W CD `� 0 CD CD p rjQ p CD la. _ o co �� sync CD o - M CD O w O .P. O C 0 p a. ►t . CD 0 v' ti O j_--t " CD a + O CD 1 `p y v� C. CD a cD aO co O •Cra � S a � N � D O UG CD Z r C r p O CO p CD m � _ � �N D CA IV ,O O N C CD a CD ¢ F 0 CL 0 w 'd y . CD Cx O Ccoo O C C 0 Q CD p C. W rn w O n ' O n " ° ° CD o ° � � cn c a CD o o o p >4 r o . e-r O ° O CD O � O -t CD 0 O CD CD CD CD a CD as � o 0 o W ° o 0 CD � o ' `C A �' C CD fD o' "� c p �'* o o CD a. CD C C p- CD W N � o� 2, 0 . CD 0 CD p ,O.r a CD '' w sro CAD C�+ a. O ? C. CD CD o o "� a' r, CD `� `C > sv Cr �+ n' rM C� m �Cj fn C t r -- p Os 9+ �? o' "Cod `CC� o °, fD td o CD oo CD N COD CD 'O s]. Cam' 0 , owi 0o P. 'C'D P) 0 � � � 0, 162 w z 00orn� 0 z O C N oa�0Fdy a � 0 CD C+ O• w '� w w 0 v� C�D � CD w N CD ."� O � cCqD may, ° � o p cD w Uo y cg. u a• o o 10 Q+ �. N N O CD C a. "•h w cD cCD o p. o cD w a a .fl �. CD �. p n "t taiD i CD 0 0 a O w tf w , CD 0 CD CD CD CD Co C7D —.11:3 w cr a 'o O cD n CD CD 0 O 0 w cr � CD p PD CD P7' 0 0 CD �- w CD CA CD y p CO, � CD CD O P CD O �h CD CD CrQ a�a CD dCAD p a'0 O .Y CD w P• CD 0 o C 9 n o yaNCD O 0 CD w cn w CD o O w p CD O 0 ° y a' y CrJ . S °. A 0 cr -5 . chi '��"• CD 40 o o. 0 cD W N. O M C 0 C) Cn CD I� w CD CD �. �+. w b 0 CD '� CD C, 5 P pq a° CD " R• (D 0, w . (�D O w (A <D ran' p+ O �n eyD N w •� ?- r* p 0 0 °O CD CD o w p, w o y a o �! Q- C;W. �. 0 CD O CD CD CD CD CD is W n 0� 00 0 CD -0 .fl w a cn C a� ~. wCD w a cD a D -t 00 CD ~' a" 0 � o a y CD �, 'r' O . -. a CCDD CA 0 CCD ac' 0 pit O vwi CD ... a CD p W ID r z � 0 o a CD CD €� ".S p Cr n O CD CD CD 0 � CD 02 a. o �3 C CD WCD CD try �. o w w �C CCD (A CD 0 o C" R-oCD n yaNCD O 0 CD w cn w CD o CD w O CD CD 0 CD a CD y ::t. CD O 0 cr -5 . E� o o. 0 cD n C " y rA c o p+ N CD Z ' °o w w Q c• o. o CD 0 0 a° CD " R• o y a CD Y a n O � CD CD w co CD CD n n w •� ?- r* p CD CD o w CD CD0�� — 0 CD w 0 0 °� ¢ CD � n' o �! Q- C;W. �. 0 CD ° ~ CD CD p oo0aCD o" p y CD -0 .fl CCD C �. R ~. CD 163 a a• CD r. ca EA to R CD w C 0 y �* �'' cD _ 0 CD ^'t CD fDw- o' D 0 CD rA Cr CD CD P 0 n R CD CCD '�. RD W " CD cD CD o �. rA CD 0 .0 tra ,Cl CD C p. w CCD Q 0 O W p. CD Q. CD CD O 0,0 CD N CDD 0 O cn p* CD p SD ¢: CD H CD n Co CD C7 CD `O CD cn co co O 0 0 (:r y O 0 o O BCD b CD �-- ,4co n CD co y ca co y a CD c C CD ° ao aQ a• CD 0 AO � ac'O+Fri a Cs° R• CCD CD. CAD p CD w a CD O It CD CD C� • w (OD o � CD oa:?a� CD 0 CD 0 oo a W P v , a. 0 CD b eD rA A• n 0 �s S. y � y � o.. c� .D CD �. CD w 0 CD O p- CD CD n � r CD ... o CD C) CD a; o o' 0 CD 5 0. O R-oCD n CD O 0 CD w w CD o o o a CD y 0 CD 0 � � ~' o cr -5 . o o. 0 cD 10L c� � o `C °o�� 'o cD O ay co, p' � O rp 0 CD a° CD CD Y a o 0 CD Q" w CD CD n n CD C � CD vCDi CD CD CD o w �— 0 CD w 0 0 °� � n' o Q- C;W. �. 0 CD `C CD p CD -0 0 0 CD b eD rA A• n 0 �s S. y � y � o.. c� .D CD �. CD w 0 CD O p- CD CD n � r CD ... o CD C) CD a; o o' 0 CD �lj 164 ? § C / CD / ƒ E § ® § 2 ® CD § & 7 &' A e ° a m /77 to CD k § ,§ _ §� ƒK n n A � § +g& o k § CD U w r §' k CD n o §. .7k � \C2 @ CD & ■ b § § CD A 12 ]85 ƒ SCDCD 9 � non k \ � ƒ = S ¢ ƒ�i o ƒ = S ƒ q � ? C ] 9 § ul CD � r ? CD CO � CD CD w 0 0 \ CD ? CD 2 ) \ \' 9 9 & E � O � � A � cr y A A A A W W W W W W W W W W N N N N N N Ni N N N W N I-+ O CO Oo J 01 Ln A W N I N O (0 00 J m Ln W N F- O lD 00 J U) O n n zr (D (D p (D (DD _ _ G (CD a, N (D G T O 0 lG T O O -G T O o T O T O (D rD ; p� n CD 00 (D T O _� T O T O =5 T O K y rD a0i ,�. O v v < OU O o O w c w v '< N O O a v v v � n v -I - -a N c x T N G O Or N W Q n T W Z7 a) T F-' m n O T N G J O T N O m ~' T N T ~' O .Nr ° vl o 0 o o o 3 cn O < cn o — °' cn o ,�-r s Q Q i T v .�-r cn o O Q (n o v, o cn O Q (D N 3 r C O 01 d A < (D C O c (D (D Q D — p 1l \ n < � a* ni (D C D c - -i C (l (D O 0 C W v o cn cn a ' c 0 rr i a. W < s A (D Q W fD Q o Q N m x O * Gl o �� A m 0- (D CL p o W W \ Q p N W 0 O z O 0 -1 -0 O c - n ❑' CD o OD (D * v ° o m 2 0 O -O .�+ O �N* Q r cCii C lD Z ° W �_ n O \ .�+ 3. v r O lD S` O (D O N O Q 7C" c- C \ CO O. \ Q HT °- s a � W 70 O w D ° -< ° G1 -i n x ° D o OC Q' \ (D x \ N — rF (D (D O M W D C 2 m 77 OZ \ N ( 60 Q M = W T. O n \ ('� 7� n "• G r0-r W V7 p7 °Q M 4nl Op n D p7D a o a. z o W v ;+ p o(D w (o (D ° N 03 o� °- O O ni .. (A S (D Q :;a °- O n O 'G cn O n 0 O (D 3 Q7 Q u C '� N 0 0- D� C1 (* (D n x (D v O a O X = Z r V r W m m r to A (nD ou Oo O °- CD A v n O Q 00 A N O o A Z Z Z Z Z r ai N N ° A N N ° N F, Ql N W N W ° N LO �, ° 1- N N ° N fD a O O O v O O -0 O A F, O O v o , v lD O O m O O O N E p O F, N O N v O Z v lD F-� F-` (D nF O 00 n -G Q1 N A A 00 N ,-t N Ql N V Ql 00 A rr 00 W N I--` (n .� (D fD fD (D n (D rD CD D, O O_ N < < < < < < < m < < G G < rD Ov D, CL (l Cl O r n Gl n ll Gl r X W n r m D Z D O to = r m T C D Z F W D x _ S W v (D { N PJ N D) rr 7 V O W W J N W .Op W A 00 C7) ul V W (�D F� O O O O O O S A A A W W W N N F, N N N O O N O lD CD W 00 J N V M M O 0o A O 00 In N 00 �, W F--' A N 00 F, 00 Ln O V N J F� F' V-' F-' F-' I--i F-i N F-� N N k--' I-' F' t--' I--' O 1--' O N N FA..� (z N F, F, F✓ F, N F- Ol �-' V F- F- F, F- F, F> O F- 1-0 O O O O O W O O O Z Ul A A W W W W N F, N N F- N o O lD lD 00 00 00 J 61 m O N J W l0 N O W o J A W N 00 W O V lD Vi n v < < m < G < < < < m < < < m G < m m m < < G < < < < < < rD Oo O G 166 N lD 00 J M In A W N O Ln Ln A W w N N O c � n n T` (D CD v G a, N py v ° o n n n ; ua CD 3 o ro (D rD O N - fD N J O x W T v O Q < < C < O n Q D p 1l \ n �. (D a* ni (D c - -i C (l O O 0 C p cn cn O 0 rr i a. W o Q W fD o N x o m 0- i1 T� o W W \ Q p N W 0 O z O 0 -1 -0 O c - n CD o Oci (D n p G v ° o m 2 OOU r OU C Z7 \ O Z �_ O O .�+ v O O C 0 (D O N O Oil 7C" c- C -i O. HT V) w D ° -< x ° D o ° N- Q Q D D 2 m \ � m Z W Z Z r" Kv ° ° ni .. (A S (D (D 3 N 0 0- D� C1 a = Z r V r W m m r to A (nD Oo O CD A v n O Q 00 A N O o A On A A A F, Ql W W co W 00 00 LO �, �, 0 N O O A W o A F, W ,O O 00 p J V O O Z (D l0 00 00 LL A A V Vi 00 A V W lD n D, < < < < < < < m < < G G < rD Ov O O DJ C (D S m m C O 7 DJ 3 CL E v n _S 3 (D Q1 t0 m m m m m m m m m Z A 00 J m cn A W N N O O A W I N O 1 l0 0o c� n CD ET n G) T T v m D D m O O v DJ '< N FD O Q Q n 7 h M M (D < T O T O O �• (� O N v O7 v v v J T T N 20 O N O O O v O O O In In Q v v O O O v (p Lri T G T Co zT (D f--° cn N N (D 07 (D W CD Z77 Ll -i to to Z3 O QO (D 07 17 O ,O ;u C (D -+ (p 3 0 O C (D O C n s1 CD O_ T v rD N W 1 n M. F)" O W O (D Z c 'a pr (D m (Ot Q O O D -I N v, o ---j 00 n' v -I a O 3 S CD (D CL \ C n W W fD S Z 7J C ,3 O (D 7 (D OT W _ O O � O m 0 (AD Q T N v W O O 7c W \ (D O \W p `L -D (ND Q Q7 Q7 O� \ N ,�^.'. x Q NO O o \\ hn O; p C\ fD C W Q ID � v o \ N N N N N r X- ((D 0- \ v v0, N (/1 T. co co vOi nOi O_ (D 3 3 Z N (D D -1 O Q X- (p � x(D ON rD D 00 00 F-' l0 N F' T (D (D rN-r (D c Q O_ � O w v — O 0 DJ CL -I �' (�D (D n 7c (D z a. Q O \\ r D r r N n z= 4 O r D r N m n C (D M r-. `^ (D 00 w l0 V 00 I O V A m 3 rD (D CD ; W Ln W J O - (nD CD c v O� OD CD O O O O O O CD 3' W W N N I--' F-' A N 00 0 m N m N t0 m O O O 0 O O O O O 0 O O (D O Z W W N N N F-> CD O V N lD Ul N 00 L, W Z ' Z fi O O O O O d < < < < < < < < < (D m O v 167 In Vn In In Cn cn In In u, l!n A A A A A A l0 co I V m (n I A W I N O 1 l0 0o c� n ET n Q v m D D m � O (D Q. '< N O O 3 n 7 7 T O (D < T O T O (; �• Co N v O7 N N N 20 O O O v O O v v v v v Lri T T Co O f--° cn N N (D O i cn O to to Z3 n O O O O N W T W (D G, pr m C D fD 00 n' a W O CW — Z\ W W S O (D 7 (D OT W _ O O � O m 0 (AD V) (D T N v W O C 7c W \ (D O \W p `L -D (ND Q Q7 Q7 O� \ N ,�^.'. x Q NO O r \\ hn O; p C\ fD C W Q ID o \ \ \ O 7 X- ((D 0- \ v v0, N (/1 T. co co vOi nOi O_ (D 3 Z N (D D -1 O Q X- (p � x(D rD D Q -0 O \ T rN-r (D c Q O_ � O w v — O -I �' (�D (D n 7c (D z Qo Q O \\ W O O 4 O 3 G C r-. `^ (D T v 0 \ O n Q Q (D CD ; - Ca- cn c v OZ7 O N \ fl O Z Z Z Z Z O O O O O v (D (D (D (D (D r n O C� l0 1p C') 00 N In A F-' 00 F-4 W NJ V -4 Lil Ln Ln V CO l0 l0 l0 N m � N l0 In 1- A � l00 O Q A N W W 00 W J J V m m m (n In 00 N 00 N O 0O W O m A < m m< m m m m m<< < < << m 0 0 o m m�� woz= - 'z co °az w o0� � D r- U) (n -< o �n cu oh CD �r o .� CD Y o CD CD C a �J CD w CD CD CD 0 CD C:)., a✓ CD 0 c� w x 0 EL cr o o �• C O C oC o a 5 o, a CD o � � m W y .: o C CL 0 �-n 0 0 ITI ITI O C4 M C m n 0 �c O a o o y x z b O C) r� O to n z b M -<O> g:a M ME03 > o wv�z� v Qm-r o X C,3 NNE m o n rn `CD 1 � H 0 O CD � z C> CD � N CD Uq CD o CD C CD CD y 0 0 CD 0 C 0 Q 169 d C H 0 z � O o � o O b O r� 0 C� z d a C > () r- o cn ° G w o O 0 z 0 CD INI c°u CD _" o �• �' � ,tea cD °, c �+ 1 CD CL raj °, C Cr W o C. O. o ¢, o o ... d CD y a �c 169 d C H 0 z � O o � o O b O r� 0 C� z d a 6 Gorman Nason LAWYERS November 20, 2013 File No. 460232 Office of the Common Clerk, City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 Attention: Richard Evans Dear Mr. Evans: RE: Saint John Substandard Properties Appeal Committee, 057305 N. B. Ltd. v. The City of Saint John / File No. 2013 -03 Hearing - November 6, 2013 Enclosed herewith please find the Decision of the Saint John Properties Appeal Committee in the above -noted matter. Kindly forward a copy of the Decision to the parties involved and provide a copy to each of the panel members. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact the undersigned. Enc. Yours very truly, NASON Cheryl G. Johnson Direct Line: 636-732ff cgj@gormannason.com www.GormanNason.com 121 Germain Street I P.O. Box 7286, Station 41(�aint john, New Brunswick I Canada E21_4S6 Telephone: 506.634.8600 1 Facsimile: 506.634.8685 FILE: 2013 -03 IN THE MATTER OF AN APPEAL pursuant to section 190.01(1) of the Municipalities Act, R.S.N.B., 1973, C.M -22 and the Saint John Unsightly Premises and Dangerous Buildings By -Law, No. M -30 BETWEEN: 057305 N.B. Ltd. Appellant -and- THE CITY OF SAINT JOHN Respondent Decision of The Saint John Substandard Properties Appeal Committee Parcel Identifier Number: Parcel Address: Owner: Hearing date: 171 55054746 63, 67, 71 and 75 Fallsview Avenue, Saint John, NB 057305 N.B. Ltd. November 6, 2013 1. The Appellant, 057305 N. B. Ltd, a body corporate, appealed a Notice to Comply issued by the Municipal Officer of the City of Saint John on the 30" day of August, 2013. The Notice to Comply requires the owner, namely, 057305 N. B. Ltd. to remedy the conditions of the premises located at 63, 67, 71 and 75 Fallsview Avenue, Saint John, NB, (PID 55054746 ) (the "property") not in compliance with provisions of the Saint John Unsightly Premises and Dangerous Buildings By -Law, No. M -30 and /or sections 190.01(1)(a), (b), (c) of the Municipalities Act, R.S.N.B., 1973, C.M -22, as more particularly detailed in the said Notice. 2. The appeal was heard on the 6t' day of November, 2013 and proceeded in the English language with the consent of the Appellant. 3. The Appellant was represented by George Murray, one of the directors and shareholders of the Appellant corporation. He advised that he was authorized to give evidence on behalf of the Appellant. Mr. Murray was sworn in and identified the Notice to Comply, dated August 30, 2013 with an Inspection Report, dated August 30, 2013, annexed thereto (marked as Exhibit 1) and the Notice of Appeal, dated September 30, 2013, (marked as Exhibit 2) as the subject matter of the appeal. 4. The Appellant stated in its Notice of Appeal that it takes issue with the Notice to Comply for the following reasons: "Property was a sawmill before the City was incorporated and there has always been equipment around. (Snowplows, loaders, etc.)" 5. Mr. Murray testified that the Appellant purchased the subject property in 1994. It is approximately 5.5 acres in size and there are several buildings located thereon. One of the buildings is leased for commercial purposes. 6. Mr. Murray did not take issue with any of the items identified in the aforementioned Inspection Report (part of Exhibit 1). He stated that the Appellant simply requires additional time and anticipated that it would take the Appellant up to at least next summer to complete all the remedial work required by the City. 7. He advised that much of the debris, equipment and junk now on the property had been stored in a building that the City had required the Appellant to tear down this summer. He stated that he has been trying to haul it away but has not been able to do so for a variety of reasons. 8. The City was represented by Pamela Bentley, P. Eng., Technical Service Engineer and Chris 172 McKiel, MIT, Municipal Officer. They provided sworn testimony on behalf of the City of Saint John. They went through the history of the City's involvement with the subject property as follows: 2005 - The City received a complaint about the condition of the property and the street file was opened. An inspection of the property was carried out. The Appellant was notified by letter on two separate occasions (Exhibit 4) of the unsightly condition of the premises and that remedial work was required. The matter was not pursued and the file was left in abeyance; 2007 - The file was re- opened after a change in the By -laws; June 28, 2013 - An inspection of the property was carried out and numerous items were noted as not being in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -Law, No. M -30. The City sent a letter (First Notice) advising the owner of the various items not in compliance with the aforesaid By -law, what was required to bring the property into compliance with the By -law and notification of the City's intention to carry out a further inspection of the property; July 4, 2013 - An inspection of the property was carried out. A dilapidated building had been demolished (at the City's request) but the rubbish, junk, old equipment, machines, vehicles, etc. previously identified from a prior inspection remained on the premises; July 16, 2013 - A letter was sent to the Appellant owner from the City (Second Notice) advising of the various items not in compliance with the aforesaid By -law, what was required to bring the property into compliance and notification of the City's intention to carry out a further inspection of the property. The Appellant owner was requested to complete the work by July 31, 2013; July 31, 2013 - The City carried out a further inspection of the property. A 2 173 letter (Final Notice) was sent to the Appellant owner from the City advising of the various items still not in compliance with the aforesaid By -law, what was required to bring the property into compliance with the By -law and notification that the Appellant had until August 14, 2013 to carry out the necessary remedial work; August 14, 2013 - Jason Waite, a building inspector and Chris McKiel, MIT on behalf of the City attend at the property and noted that the necessary remedial work had not been carried out. Some photographs of the premises (part of Exhibit 12) were taken on this date; August 22, 2013 - Additional photographs of the premises were taken on this date (part of Exhibit 12); August 30, 2013 - The Notice to Comply and Inspection Report, both dated August 30, 2013 (Exhibit 1) were prepared. The Inspection Report disclosed that the premises contained large amounts of junk, rubbish, refuse, 69 derelict vehicles, equipment, machinery and /or parts thereof, as particularized in the said documents; September 18, 2013 - The aforesaid Notice to Comply with Inspection Report annexed (Exhibit 1) were served on the Appellant; September 30, 2013 - A Notice of Appeal, dated September 30, 2013 was filed by the Appellant with the City; and October 28, 2013 - A Notice of Hearing was served on the Appellant. 9. The City submitted into evidence several series of photographs, (marked as Exhibits 10, 11 and 12) taken of the subject property at various times. The photographs clearly illustrated the unsightly condition of the property and the various items as identified in the Inspection Report, dated August 30, 2013. Some of the aerial photographs taken at different times from 2004 -2012, illustrated how long some of the items have actually been left on the property. 3 174 10. The City's evidence was that Fallsview Avenue leads to a residential area, a park overlooking the Reversing Falls and a "Zip Line ". The park and "Zip Line" are tourist attractions often frequented by visitors to the City. Residents living at one end of Fallsview Avenue would likely pass by the subject property daily. The City further gave evidence that the unsightly condition of the property, namely the rubbish, junk, refuse, derelict vehicles, equipment, machinery and /or parts thereof as identified in the aforementioned Inspection Report were all clearly visible to motorists and pedestrians traveling along Fallsview Avenue. 11. Ms. Bentley testified that there are local companies, whose services can be retained, to carry out the necessary remedial work and that it would likely take these companies several weeks to complete the work. She further stated that the Notice to Comply and Inspection Report (Exhibit 1) were served on the Appellant on September 18, 2013, thus the Appellant has until November 17, 2013 to comply. 12. The City stated that it would not be opposed to a small extension in time but took the position that next summer was too long of a period, given the length of time the Appellant has had to carry out the work. 13. In reply, the Appellant reiterated that it simply wanted until next summer to carry out the work. It did not raise any issues with respect to the costs of carrying out the work or the costs of engaging others to do the work. MAJORITY DECISION 14. Section 190.01(1) of the Municipalities Act [supra] states: "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, (d) a dilapidated building." M 175 15. Section 190.02(1)(4) of the Municipalities Act [supra] provides that the Appeal Committee: "May confirm, modify or rescind the notice [to comply] or extend the time for complying with the notice." 16. The Duties and Powers of the Saint John Substandard Properties Appeal Committee are set out in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. Section H. 5. therein states as follows: "The Appeal Committee shall when making its decision in an appeal involving allegedly unsightly premises, give due consideration to the following: (a) Whether the items involved are enumerated in subsection 190.01(1) the Municipalities Act; (b) The location from which the items involved are clearly visible; (c) The location and use of the property; (d) Any representations and evidence in support of the Notice that is being appealed; and (e) Any representations and evidence presented by the Appellant or his counsel." 17. No issue has been raised in this appeal with respect to the proper application of the provisions of the Saint John Unsightly Premises and Dangerous Building By -Law, No. M -30 and /or sections 190.01(1)(a), (b), (c) of the Municipalities Act, R.S.N.B., 1973, C.M -22. The Appellant has not contended that there has been any violation or misapplication of either the said By -law or Municipalities Act in the issuing of the Notice to Comply, nor has there been any allegation of any procedural errors. 18. The representations and evidence presented by the City of Saint John demonstrated that the Appellant ownerbreached the SaintJohn Unsightly Premises and Dangerous Building By -Law, No. M -30 and amendments thereto and several paragraphs of section 190.01(1) ofthe Municipalities Act, R.S.N.B., 1973, C.M -22. The evidence discloses that the Appellant has been aware of the need to remedy the condition of the property by removing unsightly junk, rubbish, accumulated sawdust, accumulated derelict vehicles, equipment, machinery and parts of various vehicles, equipment, machinery and equipment for many years. The specific remedial actions required to bring the premises into compliance with the By -law are detailed in the Notice to Comply and Inspection 5 176 Report dated August 30, 2013 (Exhibit 1). The Appeal Committee is of the opinion that the Appellant has had adequate time to complete the required remedial work. 19. Having considered the totality of the evidence, the Appeal Committee has determined that the Appellant's ground of appeal is really without merit. 20. However, given that the City was not opposed to a short extension in time, the Appeal Committee will allow the appeal in part and grant the Appellant an extension in time, up to and including December 31, 2013 to carry out all necessary work to remedy the condition of the property to bring it into compliance with the aforesaid By -Law and provisions of the Municipalities Act [supra]. Except for the extension in time to carry out the remedial work as set forth herein, the Saint John Substandard Properties Appeal Committee confirms the Notice to Comply and Inspection Report, dated August 30, 2013, (Exhibit 1) in all other aspects. Dated at Saint John_ New Brunswick this 201h day of November, 2013. I concur: Stephen F. Hor DISSENT 21. I am in agreement with the evidence as set forth in paragraphs 1 -13 herein and paragraphs 14 -18 of the majority decision. However, I am not in agreement with extending the time for the Appellant to carry out the necessary work to remedy the subject property. 22. Mr. Murray acknowledged that several of the old vehicles presently on the property were there when the Appellant purchased the property in 1994. C 177 23. I believe that the City has provided the Appellant owner ample time to clean -up and improve the appearance of the subject property. Every tourist and visitor to the City going to Fallsview Park has to travel by the unsightly premise. 24. Mr. Murray on behalf of the Appellant stated that he could not do all the work alone. As a responsible business person, he should engage the necessary help to fully clean up the property to bring it into compliance with the City By -law. There is no acceptable excuse for the mess and debris left on the subject property. 25. The Appellant as the owner of the property is responsible for it and what is on it. 26. The Appellant's ground of appeal is without merit and I would therefor dismiss the appeal and confirm the Notice to Comply and Inspection Report, dated August 30, 2013, (Exhibit 1) in all aspects. Dated at Saint John, New Brunswick this 201'' day of November, 2013. S irley Mc ary 7 178 s Photo # 1 631F , 71 n 75 Fallsview Avenue — PID# 55054746 _m 179 a Photo # 2 18( s Photo # I r ;a profcs me trailsPlr'ation w Photo # 25 „r I 's �r �z s 7t, IF Q - Yellow — In same position since at least 2012 Orange — In same position since at least 2010 Blue — In same position since at least 2008 Red — In same position since at least 2006 Green — In same position since at least 2004 :• -1 G REPORT TO COMMON COUNCIL OPEN SESSION M &C2014 -094 June 13"', 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT City of Saint John Demolition of the vacant, dilapidated and dangerous building at 90 Bridge Street (PID #378547) BACKGROUND The building at 90 Bridge Street is a two- storey, wood -framed building which poses a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The subject building is located in the densely populated residential neighbourhood of the City's old north end. Staff first became aware of the buildings' vacancy and began standard enforcement procedure by sending letters advising of the by -law violations in July 2010 and since that time staff has found the subject building to be unsecured upon multiple inspections. Recent inspections at the building have found that the rear entrance which was previously secured has recently become open to public entry. Buildings that are left unsecured from public entry can attract vandalism, arson, mischief, or criminal activity and these activities could negatively impact the health and safety of the community. Prior to issuing the Notice to Comply an interior inspection was conducted at the building which revealed that many rooms were full of debris and other items which impeded walkways and did not allow access to certain areas of the building. The interior inspection also noted large sections of lath exposed, fallen gyprock and areas of water staining on ceilings as well as a large portion of the rear wall that was severely rotted and deteriorated and did not restrict water from entering the building. Water entering the building through the roof and rear wall has caused the building to deteriorate at an accelerated rate. A fire at the subject building could cause significant damage to neighbouring buildings as well as endanger the lives of their occupants. The subject building is situated in a densely populated area of the City's old north end and has neighbouring multi - family buildings in close proximity. There is a high risk of a fire event occurring at the building due to it being 187 M &C2014 -094 -2- June 13`h,2014 known to the public that it is vacant and because of evidence that it has been accessed by the public. The potential of a fire event is also amplified because of the combustible material located in close proximity to the building as well as the significant fire load located inside the building. A fire at this location could cause significant damage to neighbouring buildings and endanger the lives of their occupants. For the reasons described above, a Notice to Comply was issued for the building on March 7th, 2014 and posted to the front entrance of the building on the same day. The Certificate of Ownership for the property lists one individual as the registered owner. This individual is listed on Service New Brunswick as deceased and staff has been unable to determine if the individual has any remaining next of kin. Staff has been advised by the City of Saint John's Legal Department that posting the Notice to Comply to the front entrance of the building was a sufficient means of service and that staff were able to proceed with remedial actions. The Notice provided the owner with 60 days to remedy the conditions at the property. During this time no appeal was formally requested. A compliance inspection was conducted on May 7th, 2014 which revealed that the conditions which gave rise to the Notice had worsened. The plywood which was used to secure the rear entrance of the building had been removed, making the building open to casual entry. Attached for Council's reference are the Notice to Comply that was issued and the affidavit attesting to the posting of the Notice to the building. Also included are photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation and resulting hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $10,000 to $15,000 and will take about 4 - 6 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. This property will be subject to the topsoil and grass seed pilot program as identified in the April 9th, 2013 Report to Common Council concerning the addition of topsoil and grass seed to vacant lots. Staff estimate the cost associated with the addition of topsoil and grass seed to be between $500 and $1000. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 90 Bridge Street (PID #378547), in accordance with the applicable City purchasing policies. .. M &C2014 -094 -3- June 13`h,2014 Respectfully submitted, Christopher McKiel, MIT Technical Services Officer Growth and Community Development Services Amy Pof e oth, P.Eng., MBA Building Inspector and Deputy Commissioner Growth and Community Development Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager 'd r ° N 11 0 CA d a A O 0 10 n w 8 8 io a p cD p ° CD � N r td r G7 y Z O ''d y ;; o p a •C, C p, �' t�. K o O ° CD o pO ° � � a Cy � , aW s . o c N p ; b c w � a o n y A ° " rA 0.0 d ° .-. ° O . ' y cn O 0 O. 0 5 , Oq ., C C �p CD O CD p rrA CD p O CD a' N °, w a ti w G O" p p• ° "'' o m N tz O p. A CD C) N kS .. • CD ' r CP O n Gj "'' `< Fr' o C) w m CD C ' C rA x � . n t CD _, CD O ¢, p CD rwn �' CD p O CY p CD O O W CD .. e., p O a r. p Q,' a' Cyr rte. p `C .+, d `CJ CD p O {7 �• p C UQ b O CD CD ° O' N P- O `� O C.s� Z , + C�~-- `-� ° `Y ' r CY A G. _ C a OQ cn CAD �• w J ti H n O a s ~y O O CD O Cz a N rpn N O? p R w K T'i I/ ° �' n ° p w a, `� tiQ P o �' CpD a Oq o to y CrJ �7 ° w CAD K3 VQ v p- O CD O CD CtQ ~' �. m ¢ ^ �' ¢ Q 7 CD O CD CD CD CD CD CD 0• C7' p N �. cD c�D .0�. �' _j co' A C/] c r' 0 CD t p O O �. CD - SW 0 a ' ~ x � CD n " ° � v H C C * w w CD 10 0 .0 n o o � CL 0 -'CD ~a CD w oaoa a o `�°ac CD w r• ri C`tiDS O C) ' d �-" A. j N O �' � O ° �. CAD C� O N ° ao ¢ CL O p' N p o °y rpO' Q O CD CD. C O t In. CD coo a CD CD ' .- . G CD CD °� O ° Cl- CD O CD CD `C CD CD CD � p.. O � CD CD (D UQ w W P- � � � C cu (Zr CD ?- CD CD, o r_ w D( d �P„ r u,' o CD w CD- o CD CD C o C o° `^ -1 C w w �n Cn , q r �` 6 �� • CD v, Z7 Q A C�D> C ►p "k -- Cpt O �+ Q.. CD CD r/� CDC O N w> P w p �" CD n, O �' 0 O CD n cj' O O �{ rr ... ra vA, .. $I v' y Cp, N � ry. `C e-•' CD, ry, n [/� o `� .-. CD 'L3 '.D "S p CDC �+ 0 < r• '� Vi � V CD. n y �• y Z O CD 'o w i Cp (D. �. . r CD F7 'LS CD O-r - CD b CCS i F.. C) a r• �. CD CD, �. CD Q �. COD a D ° o `� w p C r* O runs w w ti fD CD in O O a CD _. p h C) CD. '+ p Q i-, �. a w p. �. C ^�; A: J O A� CD CD rn _-. ll CD ' C CD O < ;3 CD CD "� .-.. �' •�• ,..� Cy O C °� CD cn Co L w y p n OV 0 P, ° .r p w CL C N A w CD> CD Cep, CTj A G CD 0 pyi %' G o `C CD y� y rn cn N _. O p O p N °� n y o p�j P- CD CD "Ly UQ (n C3D CD o CD CAD *Oro CaD w O M MN v `'' �I v CD "�' � cn O tom-.. Cy w CD v' o "� " H , + o O O CD rq .. (FQ ✓'' �rt �. ¢' w CD :--C �! �-• • _ `'' O ... p> O p (D CD Cp, (1Q C) CD, CD h C� �y/-- O O CD w .� C V) CD ° G CD CD 0t rn v _ 't N ° "' p At M' a CD t.+ O O tQ ►py CCD O f) � "�+ W C � •� d �h O O CD < CAD �' a p O CD ° FD t O A MY vii x �i tin Oy O� C�R'D COD O :D. CD, O N b. C� O C3 CD „ CD, H n pp ' t-' rn CD a Op p• y `J w t-• CD o ~ tro ~ P� CtQ w ti O CD ,� CD fD w to O �. p) O CD "• p R. �CCD 'LS p.. C: ri7 i� i� w CD c+ O ., O O .o C o N CC CD .3 CD n r-� r. p to b (D O fD •. a p t3 o a �. CD CD p t �Cy° cpD a� 0 CD, �• �. n CD O - o CD r� cD ,,. ?- a• ^ w � rn CD, P CD � A. v, O O . o w �1 CD , n CD wwC CD 0- 0- CD O C) 2: ,r. p 'o L� .�. CCD CD CD O ��• C) v �, O O n •� V 'P' Rt' � C N F W p v, o CY O r* � � w (D> h' � O P- � �' C w � (D> � v CD n ~ CD CD CD o c�D, $ a toy cCD u c��D r° 'mss. ° Q o w CD o z m (� � •� y OrQ CD C) w O R p k3 CD n p a- N, CD �) O O G O .. C3 v + ° CD CD a o p �. p is '� '� p O ay> <. ° ° ��„ o R • • a ° t� p p ° pr 2. (r, � (� cD OQ v� a Cs n CD Y , CD, C) � �y' n d CD r+, �1 r• R 'p! CD A. C) ° N, C3 .y CD 13 'pt p CD O A• O. N r, w G A o O N G R CD y 'L� �t wt' k� � OA p N c0, �. >✓ J Copy pA (aD CD G CD vii ,p �� O „OCDt �. O` •pCD (D w "� O CD A �Q CCD N �1 W ° w N i� t Ot CD r0: �`Yi �- °O N A F I A A rpn a .'p3 CO CAD N N O CD rn CD m r r w CD CD CD CD CD v, ~y CD CD 5 rn t. vi 190 CD Gs ° a� ¢ r 'p O�• ,> � 10, �e9 r0r � c� ° o OOp- d � . O ;:L O N QQ O N o O � p q ID CD CD y _ N fD p p CD ID O r a' ao ° .0 COD 0 ID rO b o o CDooa�� CD ) " i ; • O i CD r CD O' y Cd `0 Y CD CD aq C3 Q' C) >r✓ D+ p�� t ~.-• - y N vii' A CD A �� • O CD Zy 0 CD 0 pj CD � p � CpCDD CD CD - 0 H 0 CCD � p '0 CD D O p O CD Cn (r a�. O Z , � .. CD w P CD CD F- 03 CD CA `r3 �", ."�. CS C) ��y r+ Sy CD o A o y' `� A o .� ON `C h r O .O 'At a tCDD Q, i �r ° O t' W '� ° O A O CAD w -P O O o G N CD CD P �, p CD �A•t ... .-. .y CD O n ' h o O -1 • * ,^. 3✓ � ~ CD 'A. CD "t O O o � ty p o c�D v> o O O .. E+ CAD G n A Q i3 O CD pA COD R CD N a o O N o C 0 p, ° n O0 -. (Q ) a O °' o o M 0 w w CO o O CD CD CA m CD O A o .�� no Cp p N >✓ O O O 'C7 b A CD `�U o CD N ¢ CD CD _ _ R. a• CCDD CCD CD P � CD O a °�! � CD CAD CD w C A o N o % � w � ty c o y C ova LW o `�° CD C �G Ort' CD ° , a CY CD cD CD Z O A aq CD N N N o a n � o O C~D C. t?. Y•• (D CD C) � o C E� � ° fD OCD 19 ft o a �-• � p.. A• cD CD CT' p CD CD to y p D' O aka p, Q o CD CD CD CD CD O CD CD 0 CD o R CD CD ' rL Cfl o E o. CD CD a ' V K3 °s OED d A O O o CD A O. + CS () p .-• C) () A -- �- ¢ ►� C> Nn , G >✓ �. O `O • > Q t� _' a' r" TJ j A 0 P ''d td CD,` A' p " D OCo CD CD CD p O CD O O A O O X O CD v '��. O° O O A O p O O ff{ C O n n �O 'fl Q Cp CD C)' A CD O v> CAD ors m y CAp O CD CD. 0 N CD, ,� �-` O ^ A'! �. �• p P W G > v �"'.. ... CCD �. �• �. �' C� �'h A • • �� o < a• C1. pi CAD o ~ or CD, W ~ p �-' "�" CD, ° N lD CD N (9, n' °f A v �> r Q `C r F„ CD A p O O CD• O O ri rn O ✓✓ N CD 0) CD A, < P' Cl. O CD, A Q� i7 El O (0 �. COD ks `� Op A` C ks C vAi < �' ch O .Q N CD Ej CD A o,. CD CD y A CD a• ''d .fl '-' '� p,• CD '-.. �, C'' y 0 CD• a c...: O N ,.� �• O\ �•-t p,• Ceyp, C 0 CD CD N � ' a �. Cl w CD CD CD' '�'' O p„ A> A` (�D ..� �-' .y, �•.,, •-� '•�� tN" � p, C C • ►� -1 ... ".•' C) �, CD O CD` C o — � F> O w Cn O O A -r p G. `o ,CD.' O ►A.. O CD . O C) CD >✓ .fl cD V, ¢ cD, pi �, C) CD 'C3 O. �+ n ° C w A C] C D, "� ° ° CD ° o A O ..t CD O � N -. tti �'. CD W CD PD _ O '0 r' CD CD, K .. C CD, � ° � ,.... �. . CD, tz Q F ¢ CD. �{ G7 p `CS ° Q G]- -' O .-+ �- H> O .4) O A> (D> O O CD a� C/] o m "Z7 CD Gs O O O O >✓ CD A t3 CD, `O "q .Q h O W CD v, O Vn Ct O rr ... O .Or'. �D+' O t7 O m O 0 . �. �, �. cOo ti "C3 CD >✓ �- C O e� . m G O+ CD R cD .� .'3+, (Jq ?r '=i CD> Z .O C7' CD iy A .O C fD . . R CD A i✓ pK �. A o �A+ h .� "0• 1 Fy CD v' Q g Okq �-+ C` o A, O "t 0. ;D C`+p. G7 O Q tOy 6 �p7 .+• CD ° f0 CD, AD p O ci CD ti7 CD A w �p L]. C ° r eD �h .phi (D �. C A P 'Y (�D o '�• ''� A, p p .••: ��. h ¢" p, N b a En � O C/� C `.jR ?� '�'A -r Gn � p CAD CD t� .wry A O t o �+ >�. CD• W .�' b O G O R O CD O C) CD, 0� ry CD P•'Lf` (�D �' •'LS CD A "�'" �' ' `.o CAD "C fAp, O ^ "'�> �• A p, �• �, O =• o p' (D> N "Ai3 m CD [n CD y 0 CD P CD, O r.3' • \o t� O C3 G. ,� .••. ,Y y CD CCDD �'t CD CD CD, r P lV C) CD �. r� vl v. -A't .� > O P v "! CD 'O 0 N j'i'b O En CD, �° rD, 'd •t ' O CD A A b' A o a o rl n n �, ° � • ' p � -, O co O `C� c ¢ _ Cn h o p y O ¢. r. 0. y NC O° p A�� P�' O F� O n ^ O r* Z— N A O °> A� p. K CD CD o >✓ D C t o d �% CD P N -• CD o 0 0 � *' � � G '' CD �,: � A :: ._.. m `� CD N '� ° b CD A- R cD � o fD> O < 0 X A '�. (D C O A o c0, 'b Cn CD A CD O b A. N sv p, c� 'b O _ b O Cn CD P „� G.. O. Q ,�: CL � R ■s (D A a � o FD (', A ty a +-s ¢. f"qD '_'' CCDD . t�i>' CD O " CD CD "� `o A C)' O O v N N A� p �' ° N O CD CD o r� G O F? r? N �. y O °o• p'I �o ..- Q O Z A� O G C y �3 g O A p o � CD -+ m ;a C i2. 'C3 P r- o O O C<D a �, "� .. ° C �. A C V fD, ¢ ... P cD � �.r >✓ o A o o �* < o -� o ti o �> fD ° "C o o ° cD .b �' A>V k3 ~ CD A '" CO, p A f0 CD ° < G7 CD . . w CD, to N �., C O k3 W K CD a CD CD w ID G. CD N �> Cn m C a CD CD C r to G >✓ '�> ,.. '� � ... zu � � �. � eD. ,.. CD — CAD CAD ' w P COD N CD N CD 2 N Go c° .. vA, �' (DD N N CD 0 � N � CCDD � • CCDD, n � �. I o o � "• CD � CD �. � c�D Cn vAi W caD fD 191 �.ac��b�°5 w o Co " b c�. p?, w C, w � On 80 ' 0 C Yea � y CL a CD I a CD -�-- o po o. n O a � r I'D ,-V N w C y P. C> w C' CD Z3 �CD o CD� CD �o 4 < C, R io C � o G Q' � � w CD KCD �1 G CD G � � co 0 M cn A CDC trJHH ;D CD A `C n CD o v n W lIl N � CD w O � � ACD CD LA 45 0 CD :1 rn rn N o0 CD A � N o' A 192 t-'0Ok-�� o oO x- 0 cZD m ri O 1GO� � � V � o 0 Vd az r ,Gn CD C"' O o Gz �• `C O cn CD (� CD ~BCD CD PL o tTJ CfDD. F CD r O (D CD, CD Vd az '� �o St O p fD r+ CD (� CfDD. cD CD ►l CD fb CD y CD _ fD CL � c 'C CD CD 39. CD CD �. A 0 O En En " l CD C " O tZI CD CD fD • • N O Vd az '� �o St O p fD r+ CD (� CfDD. cD CD ►l CD fb CD y CD _ fD CL � c 'C CD C 39. CD A CD En En Oil "• � N r7,• °- W Coo Cy '0 R• C CD w GQ �. O • J CD ta, CD CD cr -- 01 CD N C 7" O CD CD rte• 0 o O w a cn x� ° �. ° 0 CD CD vi N cD CD CD O o CD CCD o CD CD 0 Q- w to. CD 0 D CD O P °C o G CD 0 0 =(D P. � .-r CD M� a'o n� CD ' o ° „ 'Oro CD CD CD •� CD o ° CD O �s O CD CD UD • �, a• , CD a: q O Qq y CD Q. H CD CD CD CD N CD CD D CD C3° °l 'O En CD C CD h IDcr CD CD cg� CD CD qQ 0 � tj CD ° c CD OD ri OG ° W N `° COD `� CD M ' r i O CAD � c CD r-r CD CD o c EL or D rCD aqq y a C CD o w w Q "o N U3 CD N O � O ti rr 4 a 0 ccr� O � d � '•t CD O O [7 C `C n O CD CD o o fD CD av" CD pq O CD O N O iD o -0 C) 0 CD 0) � CD °� o o �, b�q v� p> ►°h CAD O :7 O `o £ H � ro r°n CD CD CD O O ti y r4 CAD w O A� O CD 0 CD a° C C C y W C C - 5. c� °oc0' CD 0 la 5. 0 O CD' CD 'Cl R. CD a o 0 0 O'Q CD CD K CD o� CD O Cl' p' CD C p Cr O � h C7 to 0) 0 O CD CA O O W. w �• O ,r. 9z O O 0 7 2: CD 0 p ,OO.r. ar ¢, 0 p G: CL '* O w C CD CD CD V ° C g+ CD ' a0 • ¢ x°�'w�` ? boo CD In= O A CD eD CD r 0 Z. ° rA C 0 Cl. CI 0 n 0 CD, O O i, C fir* CD CD CL = m rn CD o+ H UD co ZcCD p rrCD HC� �• C.ryr Cow z� Co P- C CD w C9 oa rA cr CD k4 00 O O CD `C �? W � H V FQrI CD CD ��- CCDD W v' o O CD CD p ' *' m d CD a O ,r. 17, O N cD ty CD (71 cr CD CD "C rn CD CD . C O O t O CO OCR t CD O D rn C� s 1 - < p CD f Q CD aCQD go C `o _ Ot ►°*� O O Cli \ �:; . t_`` C� CD p C ^ A t3 O p, CD o GQ CD Ir CD CD `C .=r cn CD CD CD 0 CD is F. es 193 W CA y a 5 0 CD �00°UQ 0 o p o 0 oCD �r 0 ... n CD o a 0 0►°� °°C0) CD c 0 O Q ,Oy O CD r 0 p � CS C 0 Uq CL 'FD ors � cD cD w , °o�o'O� o o �. CD � 0 � a P, 0 �.• N !-' 0 0 0 C 0 o p 0 '* p �: il �' a i cn 0 ti p PO 0 c o cD r4 C4 0 CD CD 0 0 CD o °c o 9 oo Gr ao ° F � ar p p 0 K rr C0D 0 Pal (D � d o� a o° a o CL pM� O y� C 04 p �' 5 �D v rA Go CA 0 �C cn a "ct 1-", 0 0 . f7 u ►Oj C~D CD 0 -. P A� '� Cn � �' 0 a CL 0 CA 0 F � � H o c� CD ° ''' a CD 0 CD �° cr 0 O v, .� CD � rA p `< 0 (n p o cD CD tj r' n F- 0 r' �� . 0 °,rx�o��ag g up 194 "s y CD a4 a 0 C O O CD y O M P� CL 0 0 0 9' � C a o 0 va Z C OQ o 0 '* o 0 0 o 0 CD 0 0 ° W �� do 0 �n °• C7; P' EA c O P' Z O H w c RE CAD ry�p •~-•' n E n O N e-� y K � �' w C � ❑ A� 'r PIV r N _C 0 O ° ~' O P ya 0 C CD CD O G O p° O 0 c n o �. 0 �. o D p;V O R o ¢' Q�. 0 o dQ w a d CD CD 4M, CD O N 0 �* 0, `c , CD s O ►�+ w as crab a•0� ll� CD CFA ga. CD On CD CD n 0 `C N N CD `* O p '-tz dp ¢ d av n O O A� O p O H O C' �. o o ., CD w o a da CL CD CD O ... m AD W '� 1 O. O (p '' O (D CCD Ind dam o o CD p lz ''OCR CD � CL o CD rr ;Y CD C~D fdD . O¢ O CD O P sy p n CD O, �Oq (D Q+ ,� o a BCD �, �a d WO O 00 In CD P o o ° od o CD col Re 0. CD v, CD a'0 cD ~BCD P. ° o CD oa ° v' CD o a' d c C Q• O R• Y' CD .. R p' CCDD 0 0 o � IZ CD CD `?' t!i � w N '"' O O• O O Aoa`.,° ''ate SSG. m A ° 5• a CD co CD p' O �'. w d a p"_ Ar fD CD 0 0 CD a, n coo BCD CD CD a, r ►Oi, Vi ti A (D =y UQ 'O� Z n p p,y' Q' CD �71 CD .CD o f a o ti Z O CD O p '* �p a . A► h 0 �' r y CD n CD O CIO) C04 CD r-L d CD CD CD CD b ° CD CD CD o o a 0 CLPA M CD zz ;15 c CD A CD n a n d CD CD. A O p a. O A d < • O � CD a o p o CD 1w A o�� v' Q. O '0 cn a CD A co d H �r r7A ° o CD 195 196 o � o c � o rF o r oa d 0 a CD CD W CD al cr l< o 0 C �O� d� y C (D CD 0 R C4 cn d d 0 r b a. ar idge Street — PID# 378547 �1 Nvw NSA 1_ sk r � V7 i � y � 05 07 2014 Ll 90 ridge Street — PID# 378547 z i r 2014 1 Art- z i r 2014 1 AOW I/ � Fly .r ow 90 Bridge Street — PID# 378547 11 A.- Jr. L V 4 199 r`�''h' d 7l Y4 slim i 1 .... r � • yr a � f f / 07 12 2013 1. - • i r : J� I Photo # 5 201 07 0 00 Whil- R i4w , -19 �.t 9' s i Photo # 6 90 Bridge Street — PID# 378547 P � 't 02 A" t, i r � X-4 i 1 x Ao ic '03 t 11 i. i .-,a - - urn t, Jus c e crtm a 07 12 2013 I Iridge Street — PID# 378547 IL �ft,i I M, k V `f r "`��4us'u� m I A i 90 Bridge Street — PID# 378547 `AAr Photo # 10 rM w0w7w w 02 � I�i�� 90 Bridge Street — PID# 378547 'C !— LM — rl, ,ow, s V 12 201 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 90 Bridge Street, SAINT JOHN, N.B. (PID number 378547) AFFIDAVIT OF SERVICE I, Christopher Daniel McKiel, of Hampton, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On March 7th, 2014, at approximately 2:43 p.m. I posted a copy of the Notice to Comply, attached hereto as Exhibit "A ", and a blank copy of the Notice of Appeal, attached hereto as Exhibit `B ", to the front door of the building that is located at 90 Bridge Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 11th day of March, 2014 Amy Poff6461 th ,LWY LYNN POFFENROTH COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2014 208 Christopher McKiel _HL-EPORT TO COMMON COUNCIL M &C- 2014 -099 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Conditions - Leinster Court Apartments 55 Leinster Street BACKGROUND: 7'n City of Saint John Common Council, at its June 17, 2013 meeting, resolved "that the request to present from Mr. Jon MacQueen regarding Leinster Court Property be tabled pending a report from the City Manager." Mr. MacQueen's letter of request had specifically referred to "... the Right -of -Way & retaining wall maintenance given to us, King Street property owners as a Section 39 condition to make legal the re- zoning of the Leinster Court property." It should be noted that Mr. MacQueen previously made a presentation to Common Council concerning this matter at Council's February 1, 2010 meeting. The purpose of this report is to provide background information and update Common Council with regard to staff's understanding of Mr. MacQueen's concerns and progress to ensure compliance with the outstanding section 39 condition. ANALYSIS: The Leinster Court property was rezoned from "B -2" General Business to "SZ- 21" Special Zone 21 on January 15, 2007 in order to permit the construction of the proposed Leinster Court apartment building. At the time of rezoning, a number of conditions with respect to the use and development of the site, which had been recommended by the Planning Advisory Committee, were imposed by Council pursuant to Section 39 of the Community Planning Act. 209 M & C — 2014 — 099 - 2 - June 23, 2014 In addition to the conditions that had been recommended by the Committee, Common Council decided to impose two more conditions in the Section 39 resolution in response to specific concerns raised at the public hearing by some King Street East property owners, including Mr. MacQueen. These two additional conditions (conditions e) and 0) were as follows: "e) a fence and retaining walls be maintained by the applicant between the subject site and the adjacent residential zoned properties in a manner set out in detailed plans prepared by the applicant and approved by the Development Officer; fi a right -of -way be granted by the applicant to the residential zoned properties adjacent to the subject site so that individuals can walkfrom Carmarthen Street within 3 metres of the north property line of the subject site to the rear yard of the adjacent residential zoned properties; " The amendment to the Zoning By -law and the Section 39 resolution were both filed in the Registry Office and became effective on January 25, 2007. These conditions were imposed by Council at the time of third reading for the rezoning application for the Leinster Court development and did not have the benefit of a full staff and legal review. The Department's records indicate that although there has been ingoing communications between the City and SJNPH, the legal issues surrounding at least one of the conditions have challenged the City's efforts to achieve compliance. Condition e): Fence and Retaininp_ Walls Community Planning and Development Services records indicate that detailed plans were received from Saint John Non -Profit Housing Inc. ( SJNPH) in March of 2007, which illustrated the proposed fence construction and landscaping treatment between the proposed building and property line, but that no retaining walls were being proposed. Any existing retaining walls (actually the remains of old foundations) were shown on the survey plan as being entirely on the adjacent King Street East properties. SJNPH advised that the original plans for the apartment building had included the construction of a retaining wall along the property boundary because the underground parking structure was proposed to extend to that property line. However, SJNPH moved the underground parking back from the property line in the final plans at the request of the adjoining property - owners. As a result, a new retaining wall on the boundary of the subject property (or reliance on any existing retaining walls) was no longer required for the development. 210 M &C- 2014 -099 -3- Prior to giving Development Officer approval to the detailed plan submitted by SJNPH, staff wrote to all of the adjoining property - owners on March 15, 2007 soliciting their comments, enclosing excerpts showing the proposed treatment of the yard area at the back of the building with respect to the required fence and pedestrian access (including the detailed fence drawing.) The letter specifically noted that "While the Section 39 conditions also refer to retaining walls, survey information has determined that all retaining wall structures are in fact located on the adjacent residential properties rather than the subject site. No change is proposed for the retaining walls." No objections were received in response to staff's request for comments on the proposed site plan. Only one response was received to the letter of March 15, 2007. This response did not express any objections to SJNPH's plan, but posed two questions about the location of the existing retaining walls on the individual's property and the setback of the proposed apartment building in relation to the fence. Staff responded to the letter in writing on March 26, 2007. SJNPH's plan was subsequently approved by the Development Officer, and the fence, walkway and landscaping has been completed in accordance with the approved plan. Condition f): Right -of -Way It is staff's understanding, from conversations with General Manager of SJNPH, that Mr. MacQueen wishes to obtain a right -of -way that would allow him to drive a vehicle to his property. This was clearly not the intent of condition f), which refers only to providing the ability to walk from Carmarthen Street to the rear of the King Street East properties. The survey plan submitted by SJNPH in March of 2007 shows a "Proposed 3.00 Metre Wide Pedestrian Right -of -Way" abutting the King Street East property lines which, if registered, would satisfy the condition imposed by Common Council. SJNPH has constructed a concrete walkway through this area that is accessible from Carmarthen Street. However, it appears that an actual formal right -of -way in favour of the adjoining properties has not been registered on title to date. Staff did advise SJNPH in February of 2010 (following Mr. MacQueen's presentation to Council and subsequent discussions with staff) that it needed to instruct its solicitor to prepare and register the documents necessary to formalize this right -of -way. The registration of the right -of -way has been challenging for SJNPH due to elevation of the site, as the adjoining properties are at a significantly lower grade than the walkway along the edge of the SJNPH property. This has raised the need to resolve liability concerns associated with the grade difference prior to the right -of -way being registered. 211 June 23, 2014 M & C — 2014 — 099 - 4 - June 23, 2014 It should be noted that there are existing structures within the three -metre -wide area along the property line, including the required fence (which is approximately one metre in from the property line) and an electrical transformer box. The concrete walkway mentioned above curves around the transformer box and appears to extend outside of the three- metre -wide area at that point. Nevertheless it provides a continuous pedestrian access way along the rear of the King Street East properties. While the required fence blocks access from the walkway to the properties, SJNPH has advised the property- owners that it is willing to install gates for any property- owners who, at the same time, will provide steps down to their rear yards to ensure safe access. SJNPH representatives have stated that, due to liability concerns, gates will not be installed without steps being installed by the property - owners at the same time. SJNPH has advised of their requirement that each property owner sign a right -of -way agreement with respect to liability and use of the right of way prior to it being registered. Given the challenging nature of the section 39 condition related to the registration of the right -of -way, the City has been in discussions with SJNPH about the option of amending the section 39 to clarify the provision. SJNPH advises it intends to move forward with the necessary agreements to satisfy the current section 39 condition and has instructed their solicitor to prepare and register the documents necessary to formalize the right -of -way as soon as possible. If however agreement cannot be reached by all property owners with respect to the gate and stair installation, SJNPH has indicated that they will apply to amend or remove this section 39 condition. INPUT FROM SAINT JOHN NON - PROFIT HOUSING INC. Complying with condition f) of the section 39 conditions (granting of right -of- way) has been very challenging due to requirement to install a fence and the elevation differences between Leinster Court and the adjoining properties. In order to resolve these issues Saint John Non Profit Housing is prepared to install gates in the fence so abutting property owners can gain access to their properties provided the property owners agree to install stairs on their rear property line from each gate to the lower level of each yard. Each property owner will be required to sign a right -of -way agreement with respect to liability and use of the right of way prior to it being registered. SJNPH has indicated they will immediately instruct their solicitor to prepare and register the documents necessary to formalize the right -of -way. In the event the abutting property owners do not agree to sign the right -of -way agreement, SJNPH will apply to amend the section 39 condition to bring this matter to a final resolution. 212 M &C- 2014 -099 -5- June 23, 2014 CONCLUSION• The fence required by condition e) of the January 15, 2007 Section 39 resolution has been installed and is being maintained in accordance with the required plan that was approved by the Development Officer in March of 2007. Because of changes to the location of the underground parking garage (which were made as a result of input from the neighbouring property- owners), the retaining wall that was originally contemplated was no longer required. As a result, there are no retaining walls located on the property affected by the Section 39 conditions. Therefore, staff considers the requirements of condition e) to be fully satisfied. With regard to condition f), SJNPH has constructed a concrete walkway in the yard adjacent to the King Street East properties. While the walkway does not lie entirely within the three -metre space along the lot line, as specified by condition f), it nevertheless provides an opportunity for the property- owners to walk from Carmarthen Street to the rear of their properties as this condition intended. SJNPH has offered to provide a gate in the required fence for any King Street East property -owner who installs suitable stairs on his/her side of the fence. In the event that SJNPH is unable to reach agreement for this approach among the property owners, they have indicated to staff that they will apply to amend or remove this section 39 condition in the near future in order to bring this issue to a final conclusion. Staff cannot impose a timeline with respect to this matter nor can staff initiate the process to amend section 39 conditions. Staff support SJNPH in their proposal to move ahead with an application to amend the section 39 condition as soon as possible should agreement for a gate and suitable stair access not be agreed to by all property owners in the near future. RECOMMENDATION: That this report be received and filed. Respectfully submitted, Jacqueline Hamilton, MURP, MC1P Commissioner, Growth & Development Services J. Patrick Woods, CGA City Manager 213 RETORTTO COMMON COUNCIL M &C- 2014 -102 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2014 PLAYSJ Initiatives - Passport to Parks Program / Community Clean -up Trailer BACKGROUND: During the 2014 budget deliberations Common Council supported two key initiatives to support implementation of PLAYSJ, the City's new Parks and Recreation Strategic Plan, adopted by Council in 2013. This report provides an update to Council on the launch of these strategic initiatives which include the Passport to Parks program and a new Community Clean -up Trailer. City of Saint John Passport to Parks: The purpose of Passport to Parks is to showcase the natural assets, beauty and recreation value of the City's regional, district and selected neighbourhood parks. The program will promote the inclusion and healthy living principles as established through PLAYSJ Parks and Recreation Strategic Plan. As part of the program launch residents will be encouraged to visit all of our featured City parks and have their passport "stamped ". Passports are being distributed through schools and will be available during the various events to be hosted throughout the community between June 28`h and July 12`h 2014. Passport to Parks is a collaborative effort between city staff of Corporate Communications, Neighbourhood Support and the Parks & Landscape Services. The City's Communications team has produced a creative marketing approach to showcase and promote Passport to Parks throughout the City. (Appendix A); the Neighbourhood Support and Recreation Programming Service will deliver a mixture of programs and activities at offered at various parks; and the Parks and 214 M &C- 2014 -102 -2- June 23, 2014 Landscape Service Service will provide on -site support though park access, setup, breakdown and provision of resources. The objectives of the Passport to Parks program include: • Promote the assets and natural resources of our signature parks and green spaces; • Promote physical activity by providing a wide range of recreational opportunities; • Promote healthy eating through a "Snack Shack "; • Promote accessibility for all participants; • Stimulate cross- community engagement; and • Stimulate participation of many local community groups and partners. The success of Passport to Parks will be achieved through the contributions of many community partners which include: Department of Healthy and Inclusive Communities ONE Change Carleton Advisory Board Westside PACT Little River Reservoir Association PULSE Canadian Tire Jump Start Pro Kids Saint John Fire Service Canaport LNG Lancaster Kiwanis Club The Passport to Parks program is scheduled at these signature parks this summer: Date Saturday, June 28 "' Saturday, June 28th Tuesday, July V _Tuesday, July 1" -i- Saturday, July 5" Saturday, July 5`h Saturday, July 12 "' Saturday, July 12 "' Time _ __ 10:00 a.m. — 1:00 P.M. 1:00 - 4:00 p.m. 1:00 — 4.00 p.m. 1:00 — 4:00 p.m. 10:00a.m. — 1:00 p.m. 1:00 — 4:00 p.m. 10:00 a.m. — 4:00 p.m. 1:00 — 4:00 p.m. Location Rainbow Park Rockwood Park Mispec Park Station One Skate P_a_rk Dominion Park Little River Reservoir Victoria Square Market Place West A detailed schedule of activities at each of these parks is provided in Appendix B. Common Council and the community is encouraged to participate in all Passport to Parks events. Community Clean Trailer: The Community Clean up Trailer was a key initiative identified in PLAYSJ to foster community pride and partnerships in beautifying our community. It will be equipped with landscape tools and supplies for community litter and beautification projects and will be available for loan to volunteer community groups to beautify their street, neighbourhoods, parks and community. . 215 M &C- 2014 -102 June 23, 2014 -3- The Communications Service, Neighbourhood Support and Parks & Landscape Service Teams have moved this PLAYS) Initiative forward as follows: 1) Trailer specifications complete with purchasing process commenced. Arrival of the trailer is anticipated within the next four weeks. 2) Marketing strategy and messaging completed by the Communications Service which includes branding and marketing of the trailer. 3) Launched the creative design phase to showcase the Community Cleanup Trailer. Staff anticipates launching the Clean-up trailer at an early fall unveiling event. This initiative will position the city to better support community clean -up and stewardship programs moving forward. ANALYSIS: Common Council championed these initiatives through the 2014 budget process to support delivery of a Council's priority on recreation and PLAYSJ directions which support a focus on community partnerships. These programs will foster community stewardship, promote active healthy living and encourage citizens to explore and enjoy the natural beauty which Saint John has to offer. The total funding for these initiatives of $40,000 has leveraged significant in -kind community contributions and funding from the Province of New Brunswick through a $3,000 Active Living Grant from the Province of New Brunswick Healthy and Inclusive Communities. RECOMMENDATIONS Receive and file this report. Respectfully submitted, �pf � Kevin Watson, BPE Recreation Manager Jacqueline Hamilton, MCIP, RPP Commissioner of Growth and Community Development Services GC 216 Nancy Moar, Communications Manager Corporate Services J. Patrick Woods, CGA City Manager M & C — 2014 - 102 June 23, 2014 -4- Appendix A (Passport to Parks Conceptual Work) I " PASSEPOR7 AUX PARCS tTt 2014 1 8 PARCS 4 JOURt r—MCOUP DE PLAISIR 0 DU WINUft MM TOW LE MOME MUSIQUE EN DIRECT • ACTIVITtS AQUAT 1QVES t TERRAINS DE JEUX • RAW)ONNtE • AVENTURES 1, FT BIEN PLUS ENCORE. LE SAMFDi. 28 JUIN 0MRMN MLOM29JM Put Rh�ALVW- 10 h & 13 h Parc honkwm d 13 h h 16 � 41- LE SAMRK I ARM r M2 F. RkrAfivdxmi St*m—, I I 10h613 h Part Mispec** 13 h h 16 h LE SAMEDI, 5 JUILLE, vw*0C,6MjFf 0 Pam Dominion 10 h 613 h Little Rim ReeffIF04 13 h 516 h 77,77 I--rT." LE SAMEDI, 12 MUM apart e►ur� Ngoax Pine dM,-XCh6 omwst 13 h h 16 h 217 M &C- 2014 -102 -5- June 23, 2014 Appendix B Passport to Parks Schedule Sponsored by City of Saint John Rainbow Park Saturday June 2e 2014 10: 00am —1: 00pm Activities Face Painting Music by Disc Jockey Dave Duffy Wagon Rides with Rockwood Park Stables Mr. Zaps Magic Show at 11am Historical Walk and Talk with David Goss at 11am Playground Games with City of Saint John Saint John Fire Service - Fire Safety House Free Healthy Food Option by PULSE (while supplies last) Rockwood Park — Fisher Lakes Saturday June 28`h 2014 1: 00 — 4: 00pm Activities Music by Disc Jockey Dave Duffy Live Musical Entertainment by Tomato Tomato from 1— 3pm Free Rock - climbing by Daytripping (UlyLake) Wagon Rides with Rockwood Park Stables Face Painting Free Kayaking with Daytripping Guided Stonehammer Geo Hike Historical Walk and Talk with David Goss (Departs at 1pm from the Lily Lake Interpretation Centre) Healthy Snack Shack & BBQ by Lancaster Kiwanis Club (While supplies last) Mispec Park Tuesday July 1 s` 2014 1:00 — 4: 00pm Activities Sponsored by Canaport LNG Stand Up Paddle Boarding with Daytripping Music by Disc Jockey Dave Duffy Live Music by Blaysto (Steel Band) Face Painting Walk and Talk with David Goss Magician Mr. Zaps Washer Toss Tournament hosted by Canaport LNG I M &C- 2014 -102 -6- June 23, 2014 Station One Skate Park Tuesday July 1" 2014 1:00 — 4: OOpm Activities Canadian Tire Jump Start / PRO Kids Helmet Giveaway from 1 -2pm DJ Scout — Music Mayors Cup Skateboard Competition from 2:00 — 3:30pm Hosted by the Fundy Skateboard Association Healthy Snack Shack from 2:30 — 3:30pm Sponsored by Department of Healthy and Inclusive Communities Pre Event Demo sponsored by City of Saint John Monday June 30`h (time TBD) Donzinion Park Saturday July 5" 2014 10: OOam —1: OOpm Activities Live Music by Scotty and the Stars from 11— fpm Music by Disc Jockey Dave Duffy Stonehammer Geo Paddle Free Kayaking with Go Fundy Events Healthy Snack Shack from 11:00 — 12:30pm Sponsored by Department of Healthy and Inclusive Communities Historical Walk and Talk with David Goss at 2:00pm Face Painting Little River Reservoir Saturday July 5`h 2014 1: 00 — 4: OOpm Activities Free Kayak Tours with River Bay Adventures Scavenger Hunt by City of Saint John at 3:00pm Historical Walk and Talk at 2:00pm with David Goss Guided Trail Run at 2:30 pm Face Painting Healthy Snack Shack from 2:00 — 3:30pm Sponsored by Department of Healthy and Inclusive Communities Music by Disc Jockey Dave Duffy 219 M &C- 2014 -102 -7- June 23, 2014 Victoria Square July 12` 2014 10:00am — 1: Wpm Activities Playground Games organized by City of Saint John Healthy Food Option by ONE Change (11:30 — 12:30pm) Live Musical Entertainment The 506 Live Musical Entertainment at 12 noon Face Painting Mr. Zaps Balloon Twisting (10 — 12noon) Saint John Fire Service - Fire Safety House Market Place West Saturday July 12A 2014 1:00 — 4:00pm Activities Arcade Box Balloons Face Painting Bouncy Castles Community Garden Workshop at 2:00pm Art with the Art Momma (Kim Cookson) DJ Music BBQ & Healthy Food Choice by Lancaster Kiwanis Outdoor Fitness Equipment Demonstrations fpm, 2pm, 3pm Wagon Rides with Rockwood Park Stables (1:30 — 3:30pm) 220 PASSPORT TO PARKS SUMMER 2014 %r SAINT JOHN www.saintjohn.ca 'ARKS • 4 UJ LOTS OF FUl D #PZPSI FArr- PASSPORT PARKS SUMMER Your Passport to Summer Fun! • We're kicking it up a notch at 8 different parks across the city • Face painting, live music, healthy snacks and activities entertainment • Slap on the sunscreen, your water bottles and active summer in Saint 8 PARKS 4 DAYS LOTS OF FUN Q#p2psj Q SOMETHING FOR EVERYONE LIVE MUSIC • WATER ACTIVITIES - PLAYGROUND GAMES • HIKING • DAY ADVENTURES • AND MUCH MORE SATURDAY, JUNE 22- a rare Ramb— Park 10 a.m - I p.m. Rmkwod Park 1 P.M. - 4 P. m. DO ' TUESDAY, JULY 1°i "1 tal- Slabon One Skate Plate- 10 am. -1 p.m. •m..nm s,xvEe ke toand an anaru —no�p 9ta*Vn set arecteE ®eekejdn u In nm deo:k �q �� Mispec Park- 1 p.m. - 4 p.m. "nvpww h'canaP +t116 �r r #F2xi SATURDAY• JULY 5" K.Wu P V Dominion Park 10 a.m. - I P.rrL j, htfl. Art. Res—, 1pm. -4pm SATURDAY, JULY 12TMiAYrr Victoria Square 10 a.m. - I P.m. Market Place Wen 1 p.m. - 4 p.m. grab your lawn chairs, fill up head to the park for a fun and John! 222 FArr- PASSPORT PARKS SUMMER About the program • Celebrate what we have in Saint John • Highlight the diversity of our City parks • Work with community organizations and sponsors • Promote healthy, active living • Combination of new and existing initiatives • Extra lifeguards and City playground staff will assist • Cross community engagement Q#p2psj Q Collaboration between Recreation, Communications and Parks and Cih/ I anrlcrana gArvirac 223 FArr- PASSPORT TO PARKS ER 2014 Saturday, June 28 10 am - fpm Rainbow Park (in partnership with PULSE) Face Painting DJ Music Healthy snack Fitness Demonstration Wagon Rides Mr Zaps Balloons and Magic Walk & Talk with Historian David Goss Playground Games Story Tent Splash Pad 224 FArr- PASSPORT PARKS SUMMER Saturday, June 28 1 -4pm Rockwood Park • Swimming • BBQ (Healthy Choice) • DJ Music • Rock climbing • Wagon Rides Q#p2psj Q • Live Musical Entertainment with Tomato Tomato • Face Painting • Kayaking at Fisher Lakes • Guided Stonehammer Tours • Walk & Talk with Historian David Goss 225 FArr- PASSPORT TO PARKS ER 2014 Tuesday, July 1 1 -4pm Mispec Park (in partnership with Canaport LNG) Face Painting Healthy Snack Shack Balysto (Steel Band) Mr. Zapz Walk &Talk with Historian David Goss Playground Games Washer Toss Tournament Stand Up Paddle Boards 226 Q#p2psj u 1: Tuesday, July 1 Open skate at noon Station 1 Skateboard Park (with I-unay Skateboard Association Official Canada Day Celebrations) • Mayor's Cup Skate Competitions (1 -4pm) • Pro Skating Demos • Helmet Giveaways and prizes • Live DJ • Healthy Choice BBQ ri�, 227 FArr- PASSPORT TO PARKS ER 2014 Saturday, July 5 10 am -2pm Dominion Park • Face Painting • Swimming • BBQ Healthy • DJ Music • Scotty and the Stars (cross Canada tour) • Stonehammer Paddle Tour • Playground Games • Walk & Talk with Historian David Goss 228 FArr- PASSPORT TO PARKS ER 2014 Saturday, July 5 1 -4 pm Little River Reservoir (with the LLR Association) • Face Painting • Swimming • Healthy Snack • DJ • Kayaking • Scavenger Hunt • 1km / 4km Guided Run /Trail (2pm) Orientation • Playground Games 229 FArr- PASSPORT TO PARKS ER 2014 Saturday, July 12 10 am - fpm Victoria Square (with ONE Change) • Healthy Snacks • Face Painting • Mr. Zapz Magic and Ballooning • Story Tent • Fitness Demonstrations • The 506 (Youth Band /Live Music) and Adam Washburn 230 FArr- PASSPORT TO PARKS ER 2014 Saturday, July 12 10 am - fpm Market Place West Carleton Community Centre Family Fun Days Wagon Rides Face Painting Bouncy Castle Healthy Snack Community Garden How to Garden Clinic Walk & Talk with Historian David Goss Art Momma Live DJ Fitness Equipment Training Demonstrations Skateboard Helmets Give -a -ways 231 FArr- PASSPORT PARKS SUMMER Spread the Word! • Passports -Grade three student ambassadors - Available at each event -In the TJ this week - Download at saintjohn.ca • Posters /interior transit signage • Packer signs /onsite signage • Social media - #p2psj - #sjskate - Facebook Q#p2psj Q ® Cnotsaint Jon, lour mvdaaon to a fun and mwe summer - Votre nMmP pour passer n Et2 of IL . 7 Alk Passport To Parks i .Nd,. bNE: Day. SMnn One Slate Pon. I:Aga. ream uom 232 FArr- PASSPORT TO PARKS ER 2014 Proud Supporters Canaport LNG Department of Healthy and Inclusive Communities Canadian Tire Jumpstart P. R.O. Kids Fundy Skateboard Association HUB International Limited BFL Canada East Side Board Supply New Line Skateparks Inc. PULSE ONE Change Little River Reservoir Association Westside PACT Carleton Advisory Board 233 FArr- PASSPORT TO PARKS ER 2014 Share Your Photos and Park Adventures #p2psj More Info: www.saintjohn.ca/p2psj 234 +tie P �� R`- 7 C C0 ��rTv4 —G, �.�� 1 11'\T= I M &C- 2014 -105 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Forest Hills School — Request for Financial Support for Restoration Project of the Gymnasium Floor and Bleachers BACKGROUND: The Forest Glen Community Centre (FGCC) is owned by the Province of New Brunswick, Anglophone South School District. In 1982, the City of Saint John and Anglophone South School (fonnerly School District 8) entered into an agreement, to construct at the City's expense, an addition to the Forest Hills Elementary and Junior High Schools for the purpose of operating a Community Centre. MZITI City of Saint John As part of this ten year agreement the City provided educational, recreational and community programs at the centre, and as well had use of the existing gymnasium and other designated school space. Full title and all proprietary interest in the addition remained vested with the Province of New Brunswick. Present day, the City of Saint John continues to support the Forest Glen Community Centre through an alternative service delivery agreement with the YMCA for provision of recreational, educational and community programs. It has now been more than 40 years since this shared facility partnership was established and there has been few upgrades to the facility since. The current state of the gymnasium floor and bleachers has reached a point where upgrades are required. The Forest Hills School and Anglophone South School District recently met with City staff to discuss the need to reinvest into the gymnasium and are submitting letters of request to Common Council asking for financial support to share the cost of much needed upgrades (Appendix 1/2). 235 M &C- 2014 -105 -2- June 23, 2014 ANALYSIS The Forest Hills Community Centre (Forest Hills School) has a long tradition of serving the educational, social and recreational needs of this community. This strong partnership continues to exist between the School's administration staff, teachers, YMCA and staff of the City of Saint John Recreation Programming Service. Collaboration and engagement with the neighbourhood to meet and address their needs in a positive manner as well is very strong. The gymnasium is a critical asset and element in the provision of not only the school based programs, but as well, the active recreational programs which the City of Saint John supports. Use of the facility is at a high demand by the community for youth basketball, adult volleyball, and gymnastics, etc. The total financial cost of the restoration project is $76,500. The Forest Hills School and Anglophone South District will secure two- thirds of the project cost, through the efforts of the Home and School Parent Association, School District budget support and sponsorship by Canaport LNG. The Anglophone South School District will manage and supervise the project, which if supported by the City of Saint John will be completed in the month of July 2014. The financial request of the City of Saint John is $25,500. The Parks and Recreation Master Plan (PLAYS) support this project in a number of ways: 1) PLAYSJ supports collaboration among community partners for the delivery and support of recreation programming and infrastructure. The community and provincial level funding partners have made commitments to support this project, with the City of Saint John the remaining partner required to achieve success. 2) PLAYSJ supports neighbourhood and community hubs in building and revitalization recreational infrastructure and assets. Forest Hills Community Centre serves as this hub for the east district of the city. 3) PLAYSJ supports improving the quality of recreational assets within the community. Through upgrading the gymnasium both safety and quality of play will be achieved. Staff has identified Community Development Funds that may be available to support this project. The annual budget for this community development fund is $50,000. The purpose of the fund is to support community development initiatives that leverage financial support from community, corporate or government partners that will benefit the community. This project meets this requirement and as well aligns with the principles of PLAYSJ. Presently the community development fund has a balance of $45,600. Staff feels this project can be supported through this fund; and have remaining budget to complete other projects in 2014. 236 M &C -2014 -105 -3- June 23, 2014 RECOMMENDATIONS Staff recommends Common Council support the Forest Hills School gymnasium and bleacher upgrades project by: 1) Providing up to a maximum of $25,500 in financial support of the project: and 2) Authorize staff to disperse funds to the Anglophone South School District at completion of the project. Respectfully submitted, Kevin Watson, BPE Recreation Manager Jacqueline Hamilton, MCIP, RPP Commissioner of Growth and Community Development Services J. Patrick Woods, CGA City Manager Appendix 1: Letter of request from the Forest Hills School Appendix 2: Letter of request from Anglophone South School District 237 IR,EPORTTO COMMON COUNCIL M &C- 2014 -105 June 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Forest Hills School — Request for Financial Support for Restoration Project of the Gymnasium Floor and Bleachers BACKGROUND: The Forest Glen Community Centre (FGCC) is owned by the Province of New Brunswick, Anglophone South School District. In 1982, the City of Saint John and Anglophone South School (formerly School District 8) entered into an agreement, to construct at the City's expense, an addition to the Forest Hills Elementary and Junior High Schools for the purpose of operating a Community Centre. City of Saint john As part of this ten year agreement the City provided educational, recreational and community programs at the centre, and as well had use of the existing gymnasium and other designated school space. Full title and all proprietary interest in the addition remained vested with the Province of New Brunswick. Present day, the City of Saint John continues to support the Forest Glen Community Centre through an alternative service delivery agreement with the YMCA for provision of recreational, educational and community programs. It has now been more than 40 years since this shared facility partnership was established and there has been few upgrades to the facility since. The current state of the gymnasium floor and bleachers has reached a point where upgrades are required. The Forest Hills School and Anglophone South School District recently met with City staff to discuss the need to reinvest into the gymnasium and are submitting letters of request to Common Council asking for financial support to share the cost of much needed upgrades (Appendix 1/2). 238 M &C -2014- 105 -2- June 23, 2014 ANALYSIS The Forest Hills Community Centre (Forest Hills School) has a long tradition of serving the educational, social and recreational needs of this community. This strong partnership continues to exist between the School's administration staff, teachers, YMCA and staff of the City of Saint John Recreation Programming Service. Collaboration and engagement with the neighbourhood to meet and address their needs in a positive manner as well is very strong. The gymnasium is a critical asset and element in the provision of not only the school based programs, but as well, the active recreational programs which the City of Saint John supports. Use of the facility is at a high demand by the community for youth basketball, adult volleyball, and gymnastics, etc. The total financial cost of the restoration project is $76,500. The Forest Hills School and Anglophone South District will secure two - thirds of the project cost, through the efforts of the Home and School Parent Association, School District budget support and sponsorship by Canaport LNG. The Anglophone South School District will manage and supervise the project, which if supported by the City of Saint John will be completed in the month of July 2014. The financial request of the City of Saint John is $25,500. The Parks and Recreation Master Plan (PLAYS) support this project in a number of ways: 1) PLAYSJ supports collaboration among community partners for the delivery and support of recreation programming and infrastructure. The community and provincial level funding partners have made commitments to support this project, with the City of Saint John the remaining partner required to achieve success. 2) PLAYSJ supports neighbourhood and community hubs in building and revitalization recreational infrastructure and assets. Forest Hills Community Centre serves as this hub for the east district of the city. 3) PLAYS) supports improving the quality of recreational assets within the community. Through upgrading the gymnasium both safety and quality of play will be achieved. Staff has identified Community Development Funds that may be available to support this project. The annual budget for this community development fund is $50,000. The purpose of the fund is to support community development initiatives that leverage financial support from community, corporate or government partners that will benefit the community. This project meets this requirement and as well aligns with the principles of PLAYSJ. Presently the community development fund has a balance of $45,600. Staff feels this project can be supported through this fund; and have remaining budget to complete other projects in 2014. 239 M &C- 2014 -105 -3- June 23, 2014 RECOMMENDATIONS Staff recommends Common Council support the Forest Hills School gymnasium and bleacher upgrades project by: 1) Providing up to a maximum of $25,500 in financial support of the project: and 2) Authorize staff to disperse funds to the Anglophone South School District at completion of the project. Respectfully submitted, Kevin Watson, BPE Recreation Manager Jacqueline Hamilton, MCIP, RPP Commissioner of Growth and Community Development Services J. Patrick Woods, CGA City Manager Appendix 1: Letter of request from the Forest Hills School Appendix 2: Letter of request from Anglophone South School District 240 FOREST HILLS SCHOOL 15 GLENGARRY DRIVE, SAINT JOHN, NB E2J 2X9 Telephone 658 -5338; Fax 6582210 bttp: /Iwebl. abed. nb. ca/ sitess/ distriet8 /sthooWfhs/Pages /default.aspx s' Mrs. Melissa Savoie, Principal Mrs. Erika Brown, Vice - Principal Mr. Paul Hickey, Vice - Principal We Build Inclusion, Capacity, and Learning Communities June 16, 201.4 Letter of Request for Financial Support for the Forest Hills School Gymnasium Project Mayor Norton and Members of Common Council: The Forest Hills community is looking to upgrade the gymnasium located at Forest Hills School. The current state of the floor is in clear need of an upgrade. This community space has gone without repair for several years now and it has begun to show. Esthetically, the floor is worn down and the lines are faded, however, the main concern is the safety aspect of the floor. There are two major safety concerns. The primary concern is the state of several of the floor boards. It is very difficult to establish any type of footing on the current floor which leads to lack of control which inevitably causes collisions and injuries. The other concern is that after years of neglect, we have seen an increasing number of loose boards. The boards not only cause dead spots which affect the functionality of the floor, but they also lift causing the floor to be uneven and create gaps. The second part of the project would be the replacement of the current bleachers. The bleachers have also been deemed unsafe by an independent contractor. The current bleachers are over 30 years old and have been damaged slowly over the years. They will need to be replaced prior to the repair of the gym floor due to the damage they cause to the floor. Due to the old style and weight of the current bleachers, they cause a lot of damage to the floor. Community Usage The space is presently used for approximately 80 hours per week. Currently, the 675 students from the community benefit daily from the space. However, it is not limited to our students. The East Side community frequently uses the gymnasium for different activities. Currently, the school supports the City of Saint John and YMCA by providing access to the gymnasium nightly throughout the year. In addition access in provided daily during Christmas break, March break and summer holidays. Through this, the YMCA is able to offer several programs for community youth. East Saint John Minor Basketball benefits from the space several hours a week as well. This group is able to offer physical activity for over 260 community youths several hours per week_ "Forest Hills School students wig become successful, productive cidzens fulfilling theirpassions in life aspart of an ever- changing world " 241 We currently have a gymnastic program which runs on Sundays through the school year. This is also a great option for parents to help encourage our community youth to stay fit. Along with these opportunities for our-community youth, the gym also sees over 100 community adults in the space weekly for either volleyball or basketball. Cost for Repairs Gym Floor - $32 000 The above cost will provide the Forest Hills Community a space that meets safety standards. Esthetically, it would be a space that brings a level of pride to the school and community. Bleachers - $43 000 This cost will give us new standard bleachers that solve our safety concern and provide seating for approximately 500. Removal of Old Bleachers - $1500 This will cover the cost for removal and disposal of old bleachers. Total Cost - $76500 Current Financial Help Donations in kind - $9000 Canaport LNG — Have indicated they will be contributing to the project. Financial details will soon follow. Current Need The current plan is to have the project completed over the summer months. in order to see this project through to the end we need some financial support. Since the amortization period between the District and the City has concluded, we have not requested any funds for repairs or upgrades. Over the past several years, we have put $25 000 in upgrades into the gymnasium space. This was all done through fundraising efforts and district support. This project would be a significant hardship on the district alone. Therefore, we are reaching out to you for support. We are asking that between Forest Hills School, Anglophone South School District and the City of Saint John we share the cost. The school district as the main user would be responsible for two - thirds ($51000) of the cost, We are currently asking that the City of Saint John and Common Council finance $25 500 equivalent to one -third of the project. Forest Hills School and The City of Saint John have had a long standing partnership. This partnership has benefitted many of our community members over the years. We recognize the importance of working together in order to better serve the community and are looking forward to a continued partnership in our upgraded facilities. Thank you for your consideration. Yours truly, Paul Hickey Vice - Principal, Forest Hills School Forest Hills School students will become successful, productive citizens fulf illing their passions in life as part of an ever- ckanging world " 242 June 16, 2014 ANGLOPHONE SOUTH SCHOOL DISTRICT OFFICE OF THE SUPERINTENDENT 490 Woodward Avenue - Saint John, New Brunswick E2K 5N3 Telephone: (506) 65&5300 • Fax: (506) 656 -5399 • w±ww.asd- s.nbed.nb.ca Mr. Kevin Watson Recreation Manager, Leisure Services City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Dear Mr. Watson: Anglophone South School District is pleased to acknowledge our support for the refinishing of the gym floor and replacement of the bleachers at Forest Hills School. The District will be responsible for carrying out and paying for the work up front. We are requesting that the City of Saint John agree to reimburse one -third of the cost to a maximum of $25;500.00 once the project is completed. Our facilities staff will be looking after removal of the old bleachers and doing the preparation work for the project, including getting quotes and lining up contractors. The project will be managed by Anglophone South's Facility Manager, Jim Connors and will be completed as soon as the funds are secured. We look forward to a successful project. Yours truly, f atson ntendent MOOR I Copy: John MacDonald, Director Finance & Administration ASD -S Paul Hickey, VP Forest Hills Jim Connors, Facilities Manager, ASD-S New ANVouveau BrunswiCk C A N A D A REPORT TO COMMON COUNCIL M & C — 2014 -106 June 17, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council, SUBJECT: Governance Structure — The Drinking Water Project PURPOSE irk, City of Saint John The purpose of this information report is to apprise Common Council of the evolution of the Safe, Clean Drinking Water Project Team and Governance Structure. BACKGROUND At its meeting of August 12, 2013, Council approved M &C 2013 -177 which included an update on the SCDW project and a number of items related to staffing and advisors for the project. One of the items approved was the governance structure which included the project team organizational chart, roles and responsibilities and the committee structures. ANALYSIS Since last August, the project has progressed and a number of actions have caused the Governance Structure of the project to evolve. The Steering Committee has met and suggested some changes to the structure. PPP Canada has given us advice on the Fairness Advisor role and we have engaged accordingly. One of the provincially employed advisors became unavailable for secondment, which required us to adjust the project team duties. The City Solicitors office reviewed the duties of the committees and recommended changes to ensure that they were all in accordance with the Municipalities Act. The City has also engaged the technical and legal advisors, which are shown on the organizational chart. The duties were clarified for both individual members and committees. The attached Governance Structure is updated to reflect the evolution of the project and includes the following items: • Team Organizational chart with workload projections • Committee Structure charts • Outlines for the Steering, Technical, Financial and Sponsorship Committees • Outlines for individual positions on the team N M &C- 2014 -106 -2- June 17, 2014 RECOMMENDATION That the following resolution be adopted by Common Council: (a) RESOLVED that Common Council authorize the approval of the Governance Structure for the Safe, Clean Drinking Water Project as outlined in Appendix A attached hereto. Respectfully submitted, Dean Price, P. Eng. Project Manager, Safe Clean Drinking Water Project 4 Wm. Edwards, P. Eng. Commissioner, Saint John Water J. Patrick Woods, CGA City Manager 245 ITXSafe, Clean Drinking Water Project (SCDWP) Appendix "A" Page IA -1 246 <hn Safe, Clean Drinking Water Project (SCDWP) SCDW Project: Committee Structure Steering Committee Technical Committee Finance Committee Sponsorship Committee • Mandate • Membership • Accountability • Responsibilities Note Takers: Project Team (meets weekly) - Cheryl Steering Committee (meets quarterly) - Paula Technical Committee (meets bi- weekly) - CBCL / Paula Finance Committee (meets bi- weekly) - Cheryl Sponsorship Committee (meets quarterly) - Not required M Page JA -2 I Safe, Clean Drinking Water Project (SCDWP) >` Steering Committee Mandate To provide oversight and direction to the Project Team through the Project Manager. This committee will recommend matters for council approval. Ensure corporate direction is maintained. Membership Mayor - (Mel Norton) City Manager (Chair) - (Pat Woods) Commissioner of Saint John Water - (Bill Edwards) Commissioner of Strategic Services - (Neil Jacobsen) Member of Council - (Councillor McAIary) Non -voting ex- officio member from PPP Canada Inc. - (TBD) Non -voting ex- officio member from Regional Development Corporation - (TBD) Guests: Project Manager - (Dean Price) Financial Manager - (Kevin Fudge) Legal Manager - (Francois Beaulieu) Communications Manager - (Nancy Moar) Procurement Advisor - (Ian Nethercot) Project Advisor - (Fred Blaney) Design Build Manager - (Gerry Mattsson) Manager of Materials Management - (Cindy Calvin) Project Manager will give status report on project progress responsibilities. This will include Technical and Finance Committee updates. Responsibilities • To review activities and recommendations of the project team • To advise the project team on any matters related to the development of the SCDW project • To provide updates and make recommendations to Common Council as required • To review RFQ and RFP documents and procedures • To recommend preferred Proponent to Common Council • Reinforcement of communications protocols and confidentiality Accountability • Meets quarterly or as required • Responsible to Common Council a Page JA -3 Safe, Clean Drinking Water Project (SCDWP) Technical Committee Mandate To provide advice and recommendations on all technical matters related to the SCDW Project. Membership Design Build Manager (Chair) - (Gerry Mattsson) Procurement Advisor - (Ian Nethercot) Quality Manager - (Vacancy to be filled this spring) Owners Engineer - (CBCL) Operations Manager - (Kendall Mason) Project Advisor - (Fred Blaney) Project Manager (ex- officio) - (Dean Price) Responsibilities To track and report on all pre - engineering activities related to the SCDW project, including • Water Treatment Plant capacity • Land assembly • Regulatory approvals • Surveys • Greenfield routing • Pre - engineering activities • Data Room (digital information repository) To advise / recommend final scope requirements of SCDW project, and to • To review and advise on any scope changes to the SCDW project • To review and approve performance specifications for SCDW project • To review and advise on project requirements including quality management systems requirements and procedures • To advise on project schedule development and recommendations • To review RFQ, RFP document to ensure consistency with the project requirements • To review and advise on proposed payment model Accountability • Meets bi- weekly or as required Reports to the Project Manager N Page IA -4 — Safe, Clean Drinking Water Project (SCDWP) Fin nce Committee Mandate To provide advice on financial, procurement and business advisor matters in the development of the SCDW Project. Membership Finance Manager (Chair) - (Kevin Fudge) Procurement Advisor - (Ian Nethercot) Financial and Procurement Firm - (PwC) Project Advisor - (Fred Blaney) Project Office Administrator - (Cheryl McConkey) Manager of Material Management - (Cindy Calvin) Legal Manager (Francois Beaulieu) Finance Department Representative (TBD) Project Manager (ex- Officio) - (Dean Price) Responsibilities • To review and approve procurement documents including RFQ and RFP • To review and approve the financial model for the project • To review project agreement to ensure consistency • To ensure that best practices are followed during the procurement process • To provide advice to Project Manager on all matters related to finance and procurement • To recommend spending authority or procurement limits for the project - commensurate with responsibility Accountability • Meets bi- weekly or as required • Reports to the Project Manager 250 Page IA -5 Safe, Clean Drinking Water Project (SCDWP) � � r Sponsorship Committee Mandate To ensure tri- government co- ordination. Membership Mayor - (Chair) Member of Council Member of Parliament Member of Legislative Assembly Senior Public Administrator - Province of NB City Manager Guests: Commissioner of Saint John Water Project Manager Commissioner of Strategic Services Project Advisor Communications Manager Intergovernmental Affairs Manager Responsibilities To receive updates on status of the SCDW project and provide advice on project development Accountability Each member is expected to inform their respective decision making body of the progress and status of the project e Meets as required 251 Page IA -6 j Safe, Clean Drinking Water Project (SCDWP) 1 Commissioner of SaintiLohn Water Bill Edwards) Accountability - Reports to the City Manager Membership Member of the Project Team - Member of the Steering Committee Responsibilities Project expertise and oversight. Supports the Project Manager and Project Team. Coordinates interactions /updates to the Senior Leadership Team. Page IA -7 252 __11111tl Safe, Clean Drinking Water Project (SCDWP) Project Manager (Dean Price) Accountability - Reports to the Commissioner of Saint John Water - Accountable to the Steering Committee Membership - Member or ex- officio member of all committees Responsibilities - Project lead for the SCDWP and primary lead on Council reports and presentations. - Single -point of contact for communication on the SCDWP. Coordinates the work activities of the Project Team and monitors project progress. Delegates assignments to the Project Office Administrator as well as Data Room Administrator. Ensures those direct reports /liaisons are effectively engaging third party partners. Through the Steering Committee, ensures that members are informed on the status of the project and that key decisions are approved. - Through the Sponsorship Committee, ensure that all the partners are informed on the status of the project. Review progress and performance of the Project in all functional areas and project phases. Establishes performance metrics and reports in support of committee function and project status and performance. - Meets with Developers / Operators on a regular bases to ensure project delivery First level of dispute resolution with Developer / Operators Project Manager - Conducts project controls functions, including: o Reviews progress status and performance of project in all functional areas and project phases. o Establishes performance metrics and reports in support of committee functions and project progress status and performance. Performs risk identification, assessment, analysis, mitigation, tracking and reporting functions, and manages contingency framework in support of overall project risk management. 253 Page IA-8 <�Vkf Safe, Clean Drinking Water Project (SCDWP) Finance Manager (Kevin Fudge) Accountability - Reports to the Commissioner of Saint John Water - Is Deputy Project Manager for SCDWP - Liaises directly with the Project Manager Membership - Member of the Project Team - Chair of the Finance Committee Responsibilities - Lead on financial matters and strategic support to process. - Prepares financial reports, cash flows, and budgets. - Oversees and manages work of Financial Consultants. Advises on the procurement process based on industry best practices for the RFQ and RFP to proponents. Advises the Project Manager on project forecasts, cash flows, payment certification, and on finance payments. Performs contract administrative functions through to contract close -out, including coordinates with the project team and /or applicable team representative on contract issues and actions. Page JA -9 254 ,Ik Safe, Clean Drinking Water Project (SCDWP) Procurement Advisor (Ian Nethercot) Accountability - Reports directly to the Project Manager Membership Member of the Project Team Member of the Finance and Technical Committees Responsibilities Provides procurement coordination, advice and facilitation throughout the project. Lead on drafting of and review of procurement documentation (RFQ RFP). Coordinates development of evaluation criteria for RFQ and RFP document. Coordinates evaluation process and documentation. Develops /recommends respondent /proponent consultation procedures including Q&.A proceedings. Organizes and provide training for Evaluation Team members. Coordinates Bidder Information meetings. Provides advice to Project Manager as required. Page IA -10 255 Safe, Clean Drinking Water Project (SCDWP) Project Advisor [Fred Blaney Accountability - Reports directly to Project Manager Membership - Member of the Project Team Member of the Finance and Technical Committees Responsibilities Provides general advice on P3 process and methodology. Advises on RFQ /RFP process, as well as fairness aspects of the project. Ensures a fair process for the bidders. Supports development of procurement documents with respect to construction requirements, contractor deliverables and routine submissions. Supports development of evaluation criteria of bidders. Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, wage rates, fees etc. Acts as an advisor to the Project Manager and others on various aspects of the project processes. 256 Page IA -11 y� Safe, Clean Drinking Water Project (SCDWP) Communications Manager (Nancy Moar) Accountability - Reports to the Commissioner of Strategic Services - Liaises directly with the Project Manager Membership - Member of the Project Team Responsibilities Primary lead on all matters related to public relations, media relations and communication. Ensures that key communications are agreed to by funding partners as per communication protocol. Provides support to Project Team on organization and logistics of Bidders Information Sessions. Drafts press releases for SCDWP. Liaises with Developer / Operator Communication Lead. Manages communication support to develop public awareness. Responds to and supports all media requests linked to Saint john Water and the SCDWP. 257 Page IA -12 x� w Safe, Clean Drinking Water Project (SCDWP) Legal Manager (Francois Beaulieul Accountability Reports to the City Solicitor Liaises directly with the Project Manager Membership - Member of the Project Team Responsibilities Primary lead on all legal matters related to the SCDWP. Provides advice to Project Manager. Oversees / Manages external Legal Advisors. Drafts and provides advice on Financial Agreement. Coordinates with Real Estate Group to facilitate land assembly. Provides legal review of all documents and agreements. NM Page IA -13 Safe, Clean Drinking Water Project (SCDWP) Design -Build Manager (Gerry Mansson) Accountability - Reports directly to the Project Manager Membership Member of the Project Team Chair of the Technical Committee Responsibilities Primary lead on technical specifications for the project agreements. - Oversees the work of the Owner's Engineer. - Provides technical advice on change requests, change orders, and value engineering proposals. - Liaises with the Saint John Water group to ensure design requirements are met. - During the Design Build Phase: o Monitors overall construction execution plan of the developer. o Monitors safety performance of the developer. o Monitors fulfillment of environmental, health and safety program commitments. o Monitors and assures standard of construction in accordance with project requirements, working with the Quality Manager. Page IA -14 259 s� I Safe, Clean Drinking Water Project (SCDWP) a Manager of Materials Management (Cindy Calvi) Accountability Reports to the Commissioner of Administrative Services Liaises directly with the Finance Manager Membership - Member of the Finance Committee Responsibilities - Internal resource - utilized during the engagement of consultants and the project procurement phase (RFQ /RFP). - Along with the Procurement Advisor, will ensure a well - structured procurement. Ensures that the procurement process is undertaken within the framework of the City of Saint John Procurement Policy. Provides expertise during the RFQ /FRP process. Page IA -15 M <�Tkp Safe, Clean Drinking Water Project (SCDWP) Human Resources / Safety and Policy Manager Stephanie Walsh /Peter Morgan) Accountability Reports to Commissioner of Strategic Services Liaises directly with the Project Manager Membership N/A Responsibilities Operationalize SCDWP human resource requirements. Facilitate and coordinate necessary backfilling as a result of human resource requirements of SCDWP governance requirements. Coordinate and facilitate human resource contracts associated to SCDWP governance requirements. - Work with Owner's Engineer to develop Health and Safety requirements for the project. Page IA -16 261 <�Tkp Safe, Clean Drinking Water Project (SCDWP) Projgct Office Administrator (Cheryl McConkey] Accountability Reports directly to the Project Manager Membership Member of the Project Team Member of the Finance Committee Responsibilities - Administrative Support - responsible for a wide range of administrative and IT- related tasks. - Security, circulation and storage of documentation. - Maintains an office space for project team. - Tracking budgets and expenditures. 262 Page I A -17 Safe, Clean Drinking Water Project (SCDWP) Data Room Administrator (Paula Carroll) Accountability - Reports to directly to the Project Manager Membership Member of the Project Team Responsibilities Manages documentation through Electronic Information System (EIS). Official agenda and minutes to be managed in an electronic system (eSCRIBE). Facilitates and maintains collaborative online tools to exchange information, documents and updates on the project. Collaborates with IT Manager to ensure that all information is secured and backup regularly. Oversees the confidentiality of private documentation and grants access to those with the necessary permissions. In collaboration with Corporate Records Manager and Project Manager, implements approved Engineering Project File Plan. Works closely with the Project Office Administrator to track budgets and expenditures. Responds to request for routine information. Liaises with RTIPPA officer on RTIPPA requests. 263 Page IA -18 hn Safe, Clean Drinking Water Project (SCDWP) Executive Director. Office of the Ci , Manager (Phil Quellette�. Accountability Reports to the City Manager Liaises directly with the Project Manager Membership - Member of the Project Team Responsibilities - Primary lead on all matters linked to government relations, external partnerships and intergovernmental coordination. Engaged through the project period and will provide services as required. Develops intergovernmental feedback /updating mechanism to ensure that all major stakeholders remain engaged throughout the project. N Page IA -19 Safe, Clean Drinking Water Project (SCDWP) Communications Support TBDI Accountability Reports directly to the Communications Manager Membership - N/A Responsibilities Develops public awareness and education strategy to support critical milestones within the SCDWP. Develops contingency plans associated to public awareness, education and communications needs associated to the SCDWP. Develops internal communications support for the development of reports, presentations and materials linked to the SCDWP. Ensures an ongoing integrated communications strategy between the major City services and the SCDWP. Ongoing monitoring of traditional and social media linked to Saint John Water and the SCDWP. - Develops ongoing web -based content to support Saint John Water and the SCDWP. Supports the City Manager's Office on major intergovernmental projects linked to the SCDWP. 265 Page IA -20 Safe, Clean Drinking Water Project (SCDWP) Law Firm (TI11ys LLP Accountability - Reports directly to the Legal Manager Membership - N/A Responsibilities Provides legal advice on the project - as required by the Legal Manager. Drafts project agreements. - Provides legal oversight of the RFQ /RFP documents. - Provides general advice on best practices in project delivery. age IA -21 266 r/1�,.5l h{�F� .1 Q Safe, Clean Drinking Water Project (SCDWP) 41 Finance and Procurement Firm (PricewaterhouseCoopers) Accountability - Reports directly to the Finance Manager Membership Member of the Finance Committee Responsibilities - Consultants - providing advice /assistance with the financial analysis (Financial - Business Case, VFM, etc.) - Provides advice on the development of contract documents for procurement. - Assists with the evaluation process. Assists with Financial Close. - Provides general advice on best practices in project delivery. Page IA -22 NM <�VJJIF Safe, Clean Drinking Water Project (SCDWP) Quality Manager (TBD) Accountability - Reports directly to the Project Manager Membership - Member of the Project Team Responsibilities Design /Construction /Operation Phase. Schedules and conducts audits of the Contractor's Quality Management System. - Schedules field and office audits for design and construction activities. - Continuously improves the internal management system used by the project group. Provides advice to the Project Manager with respect to quality matters. Prepares and reviews all audit reports to be sent to the Contractor. Prepares and reviews all quality notices (i.e.: notices of Non - Conformance) sent to the Contractor. Organizes and conducts audits to ensure contract compliance. Liaises with the Contractor's Quality Manager Manages staff (i.e.: auditors, clerks, etc.) Manages the activities of auditors. 0 Page IA -23 i Safe, Clean Drinking Water Project (SCDWP) Owner's Engineer Firm CBCL Ltd.. Accountability - Reports directly to the Design -Build Manager Membership - Member of the Technical Committee Responsibilities Quality management - acts as an extension of the owner's staff in managing various aspects of the project. Responsible for advancing the preliminary design, defining scope details, writing performance specifications and technical contract agreement details, and coordinating construction impacts with the Saint John Water operations staff. Responsible for development of quality management systems. Provides assistance in evaluation proposals. Provides technical advice on Water Treatment Plant requirements. Undertakes pre- engineering activities and advising on corridor selection. Liaises with Saint John Water Operations. N Page I A -24 Safe, Clean Drinking Water Project (SCDWP) Independent Engineer Firm (TBDI Accountability - Reports directly to the Design -Build Manager Membership - N/A Responsibilities External third party that certifies that the work is complete before substantial completion payments are issued. Certifies milestone achievements for financial agreements. 270 Page IA -25 Ir Safe, Clean Drinking Water Project (SCDWP) Construction Engineer (TBD). Accountability - Reports directly to the Design -Build Manager Membership - Member of the Technical Committee. Responsibilities During construction phase only. - Provides construction oversight. Liaises with Saint John Water Operations group to ensure that operations requirements are met. - Supports construction management and interfaces with contractors on all field installation progress and performance. Supports construction management and interfaces with contractors on all field installation technical matters (means and methods). In so doing, coordinates with engineering on the resolution of all technical matters during construction phase. Liaises with the Quality Manager. Liaises with the Saint John Water Operations group. Liaises with the Construction Auditor(s). 271 Page IA -26 ,"p Safe, Clean Drinking Water Project (SCDWP) Construction Auditor(s) (TBD) Accountability - Reports to the Quality Manager Membership - N/A Responsibilities During construction phase only: - Monitors the fieldwork of the developer by way of structured audits. - Determines if proponent is in compliance with the agreement during construction. - Supports construction management and interfaces with contractors on all aspects of Environmental Health & Safety (EHS) performance and program compliance. - Performs ongoing oversight and audits on EHS plans and controls in place per regulatory commitments, codes and standards. Coordinates and undertake quality audits. - Interfaces with contractor EHS personnel. 272 age IA-27 Safe, Clean Drinking Water Project (SCDWP) Saint John Water Operations (Kendall Masonl Accountability - Reports to the Commissioner of Saint John Water Membership Member of the Project Team Member of the Technical Committee Responsibilities Technical expert - provides advice to the Project Team and Project Manager with regards to Saint John Water Operations. Provides advice on performance specifications. Assists in the evaluation process. Involved during design approval and construction for the scheduling of water main shutdowns. 273 Page IA-213 w� j Safe, Clean Drinking Water Project (SCDWP) Fairness Monitor Firm (Grant Thornton) Accountability - Reports directly to the Project Manager Membership - N/A Responsibilities Verifies that all Project Team members are provided with briefings on best practices regarding the principles and duties of fairness, care and protection of confidential information, avoidance and disclosure of conflict of interest, bias and influence. Verifies, during the bidding phase, that all proponents adhere to the confidentiality and conflict of interest requirements. Verifies that the evaluation process of the RFQ and RFP is conducted in a fair, open and transparent manner, and that all bidders are treated equally. The evaluation criteria should: o Reflect the content of the RFQ and /or RFP o Be accepted and signed off by the evaluation team and the Due Diligence panel o Not be modified in any way to provide an advantage to any bidder o Be well defined and applied in a fair and objective manner free of any bias Reviews the bid documents and, as required, other documents related to the procurement process to verify that the requirements as outlined in the Project agreements are met. Reviews the evaluation criteria and procedures to verify that the requirements as outlined in the RFQ /RFP documents are met, with the specific reference to fairness and objectivity. Attends meetings of the Project Team for the purpose of observing and providing fairness advice on processes that pertain to the project. Observes evaluation meetings in the bid evaluation process. Provide verbal and written comments with respect to: fairness, objectivity, consistency of process, conflict of interest and confidentiality to verify strict accordance with the specifications and criteria set out in the bid documents. Bidder Briefing Sessions and Bidder Presentations: attends and monitors briefing sessions and presentations with potential bidders. Provides regular updates through the SCWP governance structure on fairness issues. Page IA -29 I � 4 v Safe, Clean Drinking Water Project (SCDWP) Project Deliverable Prepare a final report to the Project Manager and to other parties, as may be directed, at the conclusion of the Project procurement process to accompany the recommendation of the preferred proponent, as to whether and how the procurement process has complied with fairness, openness and transparency requirements. 275 age IA -30+ SCDW Project Team Grant Thornton Fairness Advisor r----------- r----- - - - - -- 1 I r - - - - -- 1 Project Team PwC Finance & Procurement Firm CBCL Owner's Engineer Firm Secondment /Contract Employee F. Blaney Project Advisor TBD Independent Engineer Firm Third -Party Firm Project Support Procurement Fall 2013 -2015 a Construction Fall 2015 -2018 276 C. McConkey P. Carroll Project Office Data Room Administrator Administrator 100% 100% 100% 100% 1 1 1 I 1 I. Nethercot F. Beaulieu L Procurement Advisor - City Employee Torys LLP Law Firm Page IA -31 2013-2048 277 A- 32 Details PHASE A - Preparation April -Sept. 2013 PHASE B- Procurement - : Sept. 2013 - Feb 2016 •- PHASE D - Operate and Maintain 2018-2048 Project Manager City Staff 100% 100% oil, 50% Design Build Manager City Staff 25% 100% 0% Project Office Administrator City Staff 50% 100% 50% ' • 0% 0% Legal Manager City Staff 25% Communications Manager City Staff 15% 10% 100% 10% 0% Communications Support City Staff (contract) 0% Executive Director, Office of the City Manager City Staff 25% 20% ' • 75% 01. 0% 0% Finance Manager City Staff 50% Procurement Advisor PNB (contract) 0% 60% 25% 0% Saint John Water Operations City Staff 20% 50% Manager of Materials Management City Staff 25% 20% 0% Quality Manager PNB (contract) 0% 60% •,'. 0% Project Advisor PNB (contract) 0% 100% 10, 0% Fairness Advisor Firm (contract) 0% Owner's Engineer Firm Firm (contract) 0% 100% 0% Law Firm Firm (contract) 0% 100% 0°% Finance & Procurement Firm Firm (contract) 50% 75% 1 0°% Independent Engineer Firm (contract) 0% 0% 0% 0% fell 10% 100% _ 25% 0% Construction Engineer City Staff /Firm 0% Construction Auditor (s) City Staff /Firm 0% 0% Human Resources City Staff 15% 0% 0% Data Room Administrator City Staff 20% Commissioner, Saint John Water City Staff 30°% 15% ' • 5% 277 A- 32 SCDW Project Team: Committee Structure September 2013 — 2018 278 Page IA -33 REPORT TO COMMON COUNCIL M &C 2014 -92 June 12, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: 71r, 7 The Cite of Saint John SUBJECT: Municipality of Saint John Five - Year Capital Investment Plan Respecting the "Gas Tax Fund" (2014 -2018) BACKGROUND The City of Saint John has entered into two separate Gas Tax Fund Agreements (2005 -2009 and 2010- 2013) under the Canada and New Brunswick Agreement on the Transfer of Federal Gas Tax Revenues for Cities and Communities. The 2005 -2009 GTF Program consisted of $14,194,908 in project funding with the entire amount expended. The 2010 -2013 GTF Program consisted of $21,151,528 in funding. Approximately $16,000,000 has been spent to date on approved projects with the remaining $5,151,528 committed for carried forward construction projects scheduled to be completed in 2014. ANALYSIS On May 20, 2014 the Provincial Government announced the Province had signed a new Gas Tax Fund agreement with Infrastructure Canada. The financial allocations for the incorporated areas based on the 2011 census data were also provided. The total allocation for the City of Saint John under the 2014 -2018 Gas Tax Fund is $24,424,019. Infrastructure Canada has confirmed that eligible project costs incurred after April 1, 2014 will qualify for reimbursement provided the project is included in the Municipality's Capital Investment Plan and is an eligible project under the 2014 -2018 Gas Tax Fund. On June 4, 2014 the New Brunswick Department of Environment and Local Government hosted an information session concerning the new 2014 -2018 Gas Tax Fund. The purpose of the meeting was to underline the changes from previous agreements and to clarify the operating procedures of the new program. Three City of Saint John staff members from Transportation & Environment Services, Finance, and the City Manager's Office attended the information session to acquire details on the new Gas Tax Fund process. A summary of some key points outlined by the Province at the information session are as follows: • The Province estimates that for New Brunswick the infrastructure deficit for water, wastewater and other "green" infrastructure is in the $1 Billion range. GTF was established to address these issues. • The Province has entered into a 10 -year agreement with the Federal Government on the Transfer of Federal Gas Tax Revenues. The program is split into 2014 -2018, Phase III; and 2019 -2023, Phase IV. The allocation of Gas Tax Transfer from the Federal Government to the Province is 279 M & C 2014 -92 June 12, 2014 Page 2 $225,276,000 over the five -years (2014 -2018) with 1.35% deducted from the total every year for administration of the program by the Province. The balance will be divided with 80% of the amount for the 127 incorporated areas and 20% for unincorporated areas. • Municipalities must submit a Capital Investment Plan with project descriptions and cost estimates for eligible projects. The Province will review the plan to ensure all the projects requested are eligible. o Existing categories of eligible projects under GTF are: Drinking water, wastewater, local roads and bridges, solid waste, community energy systems, public transit and capacity building. o New categories available to municipalities are: Brownfield redevelopment, sport infrastructure, recreational infrastructure, cultural infrastructure, tourism infrastructure, regional and local airport and disaster mitigation. • Municipalities will be required to produce a Capital Asset Management Plan by March 31, 2018 which is to include a complete inventory of the infrastructure assets, the physical condition of the infrastructure and a list of priorities for lifecycle management of the infrastructure. Capital Asset Management Plans can be funded utilizing Gas Tax Funds. • Municipalities are obligated to have a distinct bank account for Gas Tax Funds and to comply with the standards of the Public Sector Accounting Board. Interest must be reinvested into GTF projects. Annual GTF expenditure reports must be provided by the municipality to the Province and auditing will be carried out by the Province. Attached to this report is a copy of the proposed City of Saint John 2014 -2018 Gas Tax Fund Capital Investment Plan in summary format for Council's review and approval. Following approval of this document the next step would be for staff to prepare and submit to the Province a draft of the City's Capital Investment Plan in detail utilizing the Provincial templates. This draft Capital Investment Plan would be reviewed by the Province and after receiving the Provincial approval on the draft, staff would submit the final Capital Investment Plan to Council for approval. Once Council approves the final Capital Investment Plan, it will be submitted to the Province and an agreement will ensue. The agreement will recognize that plans do change. Provision will be made in the agreement to allow the Municipality to update or modify their Capital Investment Plan at any time during the term of the agreement subject to approval by the Province of New Brunswick Department of Local Government. INPUT FROM OTHER SOURCES This report has been reviewed with the Finance Department. FINANCIAL IMPLICATIONS Staff are proceeding with the projects identified for the year 2014 as shown in the Capital Investment Plan summary totalling $5,625,000. These projects have been previously approved by Council as part of the 2014 Water & Sewerage Utility Fund and General Fund Capital Program approvals. The Province has advised that the 2014 projects are consistent with previous projects approved under the Gas Tax Fund Program and that all costs incurred by the City after April 1, 2014 will qualify for reimbursement. :1 M & C 2014 -92 June 12, 2014 Page 3 RECOMMENDATION It is recommended that Common Council approve the projects under the attached 2014 -2018 Gas Tax Fund Capital Investment Plan summary and further direct staff to submit to the Province a draft 2014- 2018 Capital Investment Plan utilizing the Provincial templates. Respectfully submitted, r Vie_ Brian Keenan, P. Eng. Engineering Manager Wm. Edwards, P. En . Commissioner Transportation & Environment J. Patrick Woods, CGA City Manager 281 _o m R Q. C> 0 0 o 0 0 0 0 0 0 0 o N r N a% o O CO O O O O O LL (a C O O 6 C O O O C O O O O O O O co O T vOi 000 O h 0p o C >Z b C ao a i E .cOVa *,Z cd N a tS.p pO s 0 ° a LLO OC7 ed vi .c S a .� ° ,; 4a 3 3 3 coo 'd S Q 'E •c Q..i o a '� � a o E ns c• a °' ° ``� .moo _� eCd'o ou; � •Li z W ed 3 cw C � y — FI .h O ed t0 Y p "� O aF O eOd cn ° C '- w;; ead NF O,O V cd 30. O O R •C O cd N vi id E a� am E o `° �>, .E a c E ai F �C7 id E o a w .E .. a e u F, o.c m� t w E �a y O cv a o ° �b 06 o -r- a C o .. U A E e=d >, O ai y o ° N c p 0 � C 'O a 'm c id y c F lQd bp�p 'v, C pp a c c p .o c b •� Q D cG c4 ecd Ec°, 0 C7 O 00 o x x° � 8 a°a N c$ N o � o .p o N Vl bA 0 •m 0 .� � E O cs o � i •� c'd > > z C7U44 > > > wv o � N , LL � 3 3 O ° > o CD CD CD ' v aGi N°°° CD CD O 0 o c�4 u oL 0 0 Lo Lo xC\jm 1�MV' Lri Gq tF3 09- N a cd �? C 0. u) fA M co G ca 'R -- °O° °O Qm�;-� �NNNNN~ aEi 1 T to cad o c ° ac O � x' _ , aa)i w �c °� 3 °c U�. �, 7° E w id `� °23 ° �, ° eo° ` h •0➢ .O ,DD ux N •cz .w. ,.O.,D .2 C .b..A q U •Cd Pa z z x0M z Paz x�ca o 0 } _o m R Q. i N r z x W Q�a Imo+ � U � V w x rl O N O N O O 0 0 0 0 — — 0 0 0 C� 0 0 L6 L6 to ") Cl) cNDl�0)r-, V to), � 64 t4 4rg M N I ' I c ' 69). vLncfl1— oo— 0 0 0 0 0 0 N N N N N F- Q l� 1 � a L 0 O 0 O 0 O 0 O 0 O 0 O o O O O O O O O O O U� o 0 0 0 0 0 0 LL m o Cl 0 Cl 0 0 O 0 O 0 O 0 0 U L O O O O In vi vi O O v� v1 v1 'IT oo N 7 N M ^ G E E E b N co W C N E v _C. C �.G vOi C .s] O p 'O O h cC C LL CNC G '^° [L O A 41.. C U G7.i N O bA h O -G 'p—, U 0 c o W a y o v M °° v a O C d C V 00 p 0 U C a a �' b ° o y o vE axi o 0 �° ° o N b 'fl O C b a a3i C -p 0 z: m> C c ro G° m cCd rC u ti a k C a C CJ U O W O •� N C "O cCC .A C 0 on 'b °O m ? o o a O a� ob4 aai o y p., w o° c V ao 3 ti o .°' .Q n, o - o ai 0 0 .V N ° p, -b 2 N a 5 c 0. a aCi a° G «i aCi a C ° •� E cC pq c Or n O = c°s ° a Z0 a� oo o° C > a N U fn } W y N G lC ^ M U w N w U O 00 'fl n O C� ^ y N C U iC-. cCC y i p N w 3 s>. C O v •y C co C 0 'cO `o U. o •w U h 0 o. V V E o ? x Q > a 73 o .° o C� °o W C m Id _ Cd C y O o o o a o a o o 'er P: o L1U ti c4 at C4 ' U c`a 7 o �1L7 3 3 a C ° C � � � O C p 0 ° qq p C m m C's~ pp (6 0 0 0 0 0 w o C C C C C b00 R R m N 0 'Co N O d a^ Q y o C G C cd x 0 z O Qa Q a� cax cCC O N a C cNa C. "' O w L) . ti o b n as ax a_ a 3° o 3 �� ° to �� O w N O a>i .� w w > o ro .o v o oG Id c� kn } N 283 0 N d R CL d' r 3 7 N r z 04 ar O W zza Q U w W O N 1 C N 00 >o0CD0o -- a�000 CD- o0 �uiLriLO LO vv r M cII(D��M V' Lo-r -- co N Vi 6q bq G9 N 6q cfl �ccr C C) '00 0 0 0 0" d�d NNNNNH N j A ► Y (I US LL � 0 u C 0 CL U N O cl C O N U O J O N N U U d .o a` L N 0 0 0 0 O O O O C O O O O O O o O O O O O C O C O O O O O O O O O O kn O t- ke� kn l- t� M O bo •cl R N .C. N o a Y o ow- ts. ao R y a, w d c d t cd d c '3 •� ° � •o. 6 -ow ' o 3 � ZO > 'n k. cd C R V •ip y 7 c M 'B CU M C C 0 aUi �s e°n3tz: x•°y^0° O � >' C L•, pp ,C s. 00 C p N N V o ti F 00 o o o U a;CO° 0 O 0 0 O O O O d O Cl O O O O O s O O Cl ° I U c � i o c U R cC O O •U O U U 7 > 0 0 v 0 0 0 0 > > J 0 Q Q 0 O 0 0 O O O O d O Cl O O O O O 3 O O Cl ° I � c � h O o c �? R cC O � U 0 0 v ti b H H S3 c R � � AL 'G C R R o o O u °' �x R� o :d w rn ' c c c co a 3 p y' i ' ;, ap � •;, a� C � 'c p i � 3 ¢xz a�i u bA VJ X V y N C4 284 0 O 0 0 O O O O d O Cl O O O O O O O O O Cl O O O O O O h O l� l� h 00 K1 00 'o^ 0 3 v •� A •v Co 10 0 3 3 C o= a U 3 o '� Y � w OU � •b � H Ov y.., O . •k CR C U C 'fl 3 ty 7 O V W • a> 'C O C R L" R •U '�' R V1 V 'K C. R 00 3 k. ba wv O 7 .0-0 V •LL N '6 ti N C V y r- M d d O O O U N O d O � 0 0 0 ti b 3 d a AL � Y w c R r� p 9 Q4 bA C '[d VJ X V y R C4 wo ¢az vrxz 3a 3aaa n O N r- M d d C' c N r Q a Wz H W � W A h••l iiy y `r / r�r 1 1� 1 r r � O N O N 1 0 0 00 O� O C) O O O CD- (D O O i Ln L Ln Ln v I-f c6 (Dr-a?�M•� ER ka 69 69 69 N co ti N o o o O aNNNNNF- N 0 0 0 0 ui LO N O O O C4 N a v N J Q H O H 0 rn m a. ']L O C C O LL (p 0 o a, o O C y o a'�' E2 3 W X LV q C env °� E-+ a a C a w aFi Xo cQ fi 2 CC7 O 'b O .y C a d a .N C b O C U O •� U b �y 1 'D y y d C a C O v D oC�° PL�Ea U.I x.50 Q ,.t p C. fA V] !A R{ y C C %•• ti o A O O N o y O H = a^ Y y WE C) a C C � O o � � •Ld cC V O a U H H r3 Cd 3 0 0 cn A E 3 d a . w a o c E �_•� E Div x.3 c � `�a u, W cYOi 0. y ¢xz i. C •.. Uaz cd C 3a N y 0 3oa CL c N 285 0 0 0 0 ui LO N O O O C4 N a v N J Q H O H 0 rn m a. ']L REPORT TO COMMON COUNCIL M & C 2014 -95 June 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 2014 Roadway Construction Projects BACKGROUND 1 The City of Saint John Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure ( NBDTI) and the City of Saint John met on April 29, 2014 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Bell Aliant, Irving Refinery, and Rogers. The 2014 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2014 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. ANALYSIS The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have an impact on traffic arteries. A map identifying the location of 2014 City projects is attached. Projects that will have a significant impact on traffic are highlighted later in this report. Communications — Construction Information Keeping citizens informed is a key component of a successful construction season. Operations, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. M &C2014 -95 June 16, 2014 Page 2 The following will be utilized to communicate information to the public: • Public information sessions for major projects where required. Examples of recent reports on the council agenda to advise of planned Public Information Sessions include: Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2, Millidgeville Storm water Detention Pond, Douglas Avenue Infrastructure Renewal, and the Prince William Street Reconstruction and Hillcrest Drive Street Reconstruction projects. These sessions have resulted in media coverage for each project; • Comprehensive project information posted on the City's website including a construction map, a list of all projects and an explanation of the work to be carved out and detailed information about large projects (i.e., Douglas Avenue and Prince William Street projects); • The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. The weekly update for June 13, 2014 is attached for information; • "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; • Onsite information signage where needed and; • Working with Destination Saint John and the Visitor Information Centres to keep visitors /tourists informed. • ..awn.. • .. P C d S 11 ,.e•c..•yM«e R.wnn.. t: wn...asa. ,e.a.ww.w.�m �e.a..w�+.,,M. v..wx.� Transportation &- Envimnment Construction 2014 �_.�. ,.... L8. Y • 4T pi dt R 287 M &C2014 -95 June 16, 2014 Page 3 Route 1 and Interchanges Work will be taking place this summer by Gateway Operations on the Route 1 median guiderail between the Catherwood Street exit and the Market Place exit. Lane closures will be necessary to accommodate this work. Gateway Operations will also be carrying out work on the Interchange decks at Catherwood Street and Market Place which will involve lane reductions on the Interchange structures. NBDTI Projects NBDTI will be undertaking work on the Courtenay Bay Causeway deck this summer which will involve lane closures. City Projects The attached City of Saint John Projects Map for 2014 includes projects under several categories: • Asphalt Maintenance Resurfacing • Water and Sewer Renewals • Street Reconstruction Generally, the asphalt maintenance resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete depending on length of roadway to be resurfaced. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. From the Projects Map, the following projects will result in significant impacts to traffic flow. • Douglas Avenue Infrastructure Renewal — Bentley Street to Clarendon Street (lane reductions and detours) • Hillerest Drive Reconstruction — Manawagonish Road to Fenton Drive (road closure and detours) • Prince William Street Reconstruction — Princess Street to Duke Street (road closure and detours) .. M &C2014 -95 June 16, 2014 Page 4 • Sand Cove Road Storm Sewer Upgrade — Sherbrooke Street to Cushing Street (lane reductions and detours) • Boars Head Road Storm Sewer Upgrade — Cambridge Drive to McIntosh Street (lane reductions and detours) • Loch Lomond Road Asphalt Maintenance Resurfacing — Airport Arterial to Saint Martins Road (lane reductions) • Westfield Road Asphalt Maintenance Resurfacing — Grenville Lane to Dalton Court (lane reductions) Traffic disruption could be subject to change depending on particular design and /or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities — Enbridge Gas, Bell Aliant and Saint John Energy — to exchange information about their work activities in order to coordinate respective programs and plans. CONCLUSION Many construction projects and activities have begun or are planned for the 2014 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, Brian Keenan, P. Eng. Wm. Edwards, P. Eng. Engineering Manager Commissioner - Transportation & Environment J. Patrick Woods, CGA City Manager 6 g C U� L N 5 02 y Ca a8 C ON N bgg a I!I a s � 4 v � A u !A Nei z�y �'+n ppp°Tg s �a. a.w«wn ne. m WO 290 WEEKLY CONSTRUCTION UPDATE Municipal Operations and Engineering Ingenierie et operations municipales (506) 658 -4455 Fax /Telecopieur : (506) 658 -4740 SAINT JOHN municipaloperations @saintjohn.ca http: / /www.saintjohn.ca Construction Update / Nouvelles hebdomadaires June 13, 2014 / le 13 juin 2014 Drive with Caution or Use Alternate Routes Conduisez prudemment ou utilisez un trajet de rechange. Police Will Be Monitoring Traffic La police surveillera la circulation. Expect Traffic Interruptions S'attendre a des interruptions de la circulation. CITY OF SAINT JOHN PROJECTS NEW/ NOUVEAUX TRAVAUX: Contract 2014 -5: Watermain Cleaning & Lining, Phase 10 Contrat no 2014 -5 : Nettoyage et revetement interieur de la conduite d'eau principale — phase 10 Crews will be cleaning and lining the watermains in the areas of Riverhill Drive, Silvermount Crescent, Starburst Lane, Les equipes municipales procederont au nettoyage et au Balmoral Crescent, Dominion Park Road, Tippett Drive, revetement des conduites d'eau principales clans le secteur de Greenhead Road and Lakeview Drive. la promenade Riverhill, du croissant Silvermount, de la voie Starburst, du croissant Balmoral, du chemin Dominion Park, de Please observe the construction signs and drive carefully through the construction zones. Watch out for the workers. la promenade Tippett, du chemin Greenhead et de la promenade Lakeview. . Anticipated completion: October 31, 2014 On demande aux automobilistes de respecter tour les panneaux (John Campbell) de signalization relatifs 6 la construction. Achevement prevu : 31 octobre 2014 (John Campbell) Contract 2012 -30: Dominion Park Road Sanitary Lift Station Contrat no 2012-30: chemin Dominion Park - Remplacement "A" Station de relevement "A" Work includes replacing the existing sanitary lift station at Les travaux comprennent le remplacement de la station de 651 -663 Dominion Park Road. Traffic may be reduced to one relevement actuel a 651 -663 chemin Dominion Park. lane at times. La circulation sur certains trongons sera reduite a une vole. Please observe the construction signs and drive carefully through the construction zones. On demande aux automobilistes de respecter tous les panneaux de signalization relatifs a la construction. Anticipated completion: August 31, 2014 Achevement prevu : 31 aout 2014 CITY OF SAINT JOHN PROJECTS CONTINUING / ENCOURS : Contract 2014 -1: Douglas Avenue (Bentley Street to Clarendon Street) — Water, Sanitary and Storm Sewer Renewal and Lift Station Installation Beginning June 9, 2014 The project includes the renewal of sections of the existing Contrat no 2014 -1 : Renouvellement de la conduite d'eau, des egouts sanitaires et pluviaux et installation de la station de rel6vement des eaux usees de I'avenue Douglas (entre la rue Bentley et la rue Clarendon) A compter du 9 juin 2014: watermain and sanitary sewer, installation of a new I Le projet comporte le renouvellement de sections de la conduite Construction Update / Nouvelles hebdomadaires - 2 - June 13, 2014/ le 13 juin 2014 wastewater lift station, installation of a new storm sewer, d'eau principale et de 1'egout sanitaire, ('installation d'une and asphalt restoration within the construction limits. nouvelle station de relevement des eaux usees, ('installation d'un nouvel egout pluvial et la restauration de I'asphalte clans Sections of the road will be reduced to one lane as les limites definies par le projet de construction. construction progresses and on- street parking in the immediate vicinity of the construction work will be limited. Traffic, including bus service, may be re- routed as required. Signage will be in place to direct motorists. Access to properties will be maintained during construction. Attempts will be made to minimize any inconvenience but disruptions should be expected. Your patience during this time of improvement is greatly appreciated. Anticipated Completion is October 24, 2014. (Kevin O'Brien) Millidgeville Stormwater Detention Pond The City of Saint John will be constructing a Stormwater Detention Pond between Boars Head Road, Cambridge Drive and Grantham Road. This work will include tree clearing and grubbing, excavation of the detention pond and conveyance swale, installation and backfilling of storm sewer piping, culverts, structures, and landscaping. Throughout the course of the work you may experience noise, dust and detours. The clearing of the pond will commence on May 22, 2014 and continue until May 31, 2014. Following this work, excavation for the pond will commence on June 1, 2014 (pending appropriate construction weather) and is expected to be completed by December 31, 2014. We appreciate your cooperation and patience while the City of Saint John continues to improve its infrastructure. (Joel Landers) Asphalt Resurfacing 2014 — Beginning May 22 to June 20, 2014 Westfield Road — Dalton Court to Grenville Lane Dwyer Road — Greenhead to End Rothesay Road - Ashburn Road to Railway Overpass Loch Lomond — St. Martins Road to Airport Arterial Byron Street Gerard Street La circulation sur certains trongons sera reduite a une vole au fur et a mesure de la progression des travaux et le stationnement sur rue a proximite immediate des travaux de construction sera limite. La circulation, y compris le service de transport en commun, pourra titre detournee au besoin. Des panneaux seront installer pour orienter les automobilistes. L'acces aux proprietes sera maintenu pendant toute la duree des travaux. Nous essaierons de minimiser les desagrements, mais it faut s'attendre a des perturbations. Votre patience pendant cette periode d'amelioration est infiniment appreciee. La fin des travaux est prevue le 24 octobre 2014. O'Brien Bassin De Retenue Des Eaux Pluviales De Millidgeville La Ville de Saint John construira un bassin de retenue des eaux pluviales entre le chemin Boars Head, la promenade Cambridge et le chemin Grantham. Ces travaux comprendront le deboisement et 1'essouchement du site, 1'excavation du bassin de retenue et de la rigole d'adduction, ('installation et le remblai des conduites de collecte des eaux pluviales, les ponceaux, les constructions et I'amenagement paysager. Pendant toute la duree des travaux, it se peut que ces derniers occasionnent du bruit, de la poussiere et la mise en place de routes de deviation. Le deboisement du bassin commencera le 22 mai 2014 et se poursuivra jusqu'au 31 mai 2014. A la suite de ces travaux, 1'excavation du bassin commencera le ter juin 2014 (si les conditions meteorologiques sont favorables) et devrait se terminer avant le 31 decembre 2014. Nous vous remercions de votre collaboration et de votre patience pendant que The City of Saint John continue d'ameliorer ses infrastructures. (Joel Landers) ResurfaCage d'asphalte 2014 — A partir du 22 mai a 20 juin 2014 chemin Westfield (de la cour Dalton a I' allee Grenville) chemin Dwyer (de la rue Greenhead jusqu'a la fin du chemin Dwyer) chemin Rothesay — chemin Ashburn jusqu'au passage a niveau de la voie ferree chemin Loch Lomond — du chemin St. Martins a arteriel de I'aeroport Construction Update / Nouvelles hebdomadaires - 3 - June 13, 2014/ le 13 juin 2014 Parkhill Drive Wildwood Street Starting June 3 ending July 4th Ray Street Reed Street Alward Street Donaldson Street Black Street Be cautious of raised manholes. (Rod Mahaney) Harbour Clean Up Project: Mill Street — Sanitary Lift Station #31, Force Main and Sewer Work includes a new lift station on Mill Street and sewer work along Harding Street and Main Street. Please reduce speed and use caution in the construction zone. Anticipated completion: July, 2014 (John Campbell) Contract No. 2013 -13: Millidge Avenue and Area Sanitar Sewer Installations Beginning April 21, 2014: The work on Millidge Avenue and adjoining streets will include the installation of a new sanitary sewer system on Meadowbank Avenue, Park Lawn Court, Bell Manor Drive and Barbour Place. The storm sewer will also be extended on Daniel Avenue. New water main will be installed on Park Lawn Court up to Bell Manor Drive as well as other minor modifications to the existing water system. Traffic interruptions are anticipated for this project. Please observe the construction signs and drive carefully through the construction zones. Anticipated completion is July, 2014. (Pierre LeBlanc) rue Byron rue Gerard promenade Parkhill rue Wildwood A partir du 3 juin a 4 juillet 2014 rue Ray rue Reed rue Alward rue Donaldson rue Black Soyez prudent des regards soulevees. (Rod Mahaney) Projet de nettoyase du port - rue Mill - Station de relevement sanitaire #31- eeouts forcee et sanitaire Les travaux comprennent une nouvelle station de relevement sur la rue Mill et des travaux d'egouts le long des rues Harding et Main. On demande aux automobilistes de reduire la vitesse et de conduire prudemment dans la zone de travaux. Achevement prevu : juillet 2014 (John Campbell) Contrat no 2013 -13 : Installation des eeouts sanitaires d I'avenue Millidge et du secteur A compter du 21 avril 2014 : Les travaux sur ('avenue Millidge et les rues adjacentes comprendront ('installation d'un nouveau reseau d'egouts sanitaires sur I'avenue Meadowbank, la cour Park Lawn, la promenade Bell Manor et la place Barbour. Le reseau d'egouts sera egalement prolonge sur I'avenue Daniel. Une nouvelle concluite d'eau principale sera installee sur la cour Park Lawn jusqu'a la promenade Bell Manor et des modifications mineures seront apportees au reseau d'aqueduc existant. On prevoit des interruptions de la circulation pour ce projet. Veuillez conduire prudemment clans la zone de travaux. Achevement prevu : juillet 2014. (Pierre LeBlanc) 293 Construction Update / Nouvelles hebdomadaires - 4 - June 13, 2014/ le 13 juin 2014 Station Street (Sewell Street to Civic #130) Rue Station (de la rue Sewell au numero de voirie 130) Beginning April 28, 2014 A compter du 28 avril 2014 : Work involves the installation of a new storm sewer and asphalt Les travaux comprennent ('installation d'un nouvel egout pluvial et reinstatement. la restauration de I'asphalte. Please observe the construction signs and drive carefully On demande aux automobilistes de respecter tous les panneaux through the construction zone. Expect delays. de signalization relatifs a la construction. Anticipated Completion is June 13, 2014. Veuillez conduire prudemment clans la zone de travaux. Anticiper des ralentissements. (Kevin O'Brien) Ach6vement prevu : 13 juin 2014. (Kevin O'Brien) Contract No. 2013 -1: Milford Sewer Separation Phase II Contrat no 2013 -1 : - Separation Des ERouts Pluviaux de Milford — Phase 11 The work on Balmoral Crescent /Dwyer Road includes the reinstatement of a storm outfall as well as separation of the Les travaux sur le croissant Balmoral et le chemin Dwyer Storm and Sanitary Systems from Civic 421 Dwyer Road up to comprennent la restauration d'un emissaire d'evacuation des eaux Civic 346 Balmoral Crescent. There will also be some minor pluviales, ainsi que la separation des reseaux d'egouts pluviaux et modifications made to the watermain system in this area, as sanitaires, a partir du 421, chemin Dwyer jusqu'au 346, croissant well as new curb and sidewalk on Dwyer Road and new curb on Balmoral. Certaines modifications mineures seront egalement Balmoral Crescent with new asphalt pave from curb to curb on apportees a la conduite principale clans ce secteur, on installera de both sections. This project also includes the renewal of the nouvelles bordures et de nouveaux trottoirs sur le chemin Dwyer, sanitary line on Milford Road between Civic 497 and Civic 525, de nouvelles bordures sur le croissant Balmoral ainsi qu'un as well as from Civic 412 to Civic 330. nouveau rev6tement en asphalte de bordure en bordure clans les deux sections. Ce projet comprend egalement le renouvellement Traffic interruptions are anticipated for this project and will de la conduite d'egouts sanitaires sur le chemin Milford, entre les include a street closure to through traffic on Dwyer Road, numeros de voirie 497 et 525 et entre les numeros 412 et 330. Balmoral Crescent and Milford Road. On prevoit des interruptions de la circulation pour ce projet; le Please observe the construction signs and drive carefully chemin Dwyer, le croissant Balmoral et le chemin Milford seront through the construction zones. Watch out for the workers. notamment fermes a la circulation. Anticipated completion is July 31, 2014. On demande aux automobilistes de respecter tous les panneaux (Joel Landers) de signalization relatifs a la construction. Veuillez conduire prudemment dans la zone de travaux. Faites attention aux travailleurs. Ach6vement prevu : 31 juillet 2014 (Joel Landers) Contract 2013 -15: Duke Street West (Ludlow Street to Contrat no 2013 -15 : Rue Duke Ouest (entre la rue Ludlow et la Watson Street) rue Watson) Beginning May 20,2014: A compter du 20 mai 2014: This project involves the installation of new watermain, sanitary Le projet comprend ('installation d'une nouvelle conduite d'eau sewer, storm sewer and services along with street principale, d'egouts sanitaires et pluviaux, et de services, ainsi que reconstruction. la refection de la rue. GJ`t Construction Update / Nouvelles hebdomaclaires - 5 - Duke Street West between Ludlow Street and Watson Street will be closed to through traffic throughout construction. As well, the intersections at Ludlow Street and Watson Street will be closed periodically. Please observe the construction signage and drive carefully through the construction zones. Motorists are advised to take alternate routes. Anticipated completion: July 31, 2014 (David Russell) Contract 2013 -19: St. James Street West (Watson Street to Lancaster Street) Beginning May 20, 2014 - This project involves the installation of new watermain and services followed by reinstatement. St. James Street West between Watson Street and Lancaster Street will be closed to through traffic throughout construction. As well, the intersections at Watson Street and Lancaster Street will be closed periodically. Please observe the construction signage and drive carefully through the construction zones. Motorists are advised to take alternate routes. Anticipated completion: June 30, 2014 (David Russell) Contract 2013 -22: Prince William Street (Princess Street to Duke Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction Beginning May 20, 2014 - The work involves the installation of new watermain, sanitary and storm sewers, conversion of the overhead utilities to underground and full street reconstruction including new granite curbs, concrete sidewalks, brick medians, trees, decorative street lighting and asphalt. For the majority of the construction this section of Prince William Street will be closed to through traffic. Residents and businesses will have access during construction. Your patience during this time of improvement is greatly appreciated. Please observe the construction signs. Anticipated Completion is October 31, 2014 (Kevin O'Brien) June 13, 2014/ le 13 juin 2014 La rue Duke Ouest entre les rues Ludlow et Watson sera fermee a la circulation pendant toute la duree des travaux de construction. De plus, les intersections des rues Ludlow et Watson seront fermees periodiquement. Veuillez respecter la signalisation de construction et conduire prudemment clans la zone de travaux. On recommande aux automobilistes d'emprunter d'autres routes. La fin des travaux est prevue le 31 juillet 2014. (David Russell) Contrat no 2013 -19 : Rue St. James Ouest ( entre la rue Watson et la rue Lancaster) A compter du 20 mai 2014: Le projet implique ('installation d'une conduite d'eau principale et de services, suivie de la mise en service. La rue St. James Ouest entre les rues Watson et Lancaster sera fermee A la circulation pendant toute la duree des travaux de construction. De plus, les intersections des rues Watson et Lancaster seront fermees periodiquement. Veuillez respecter la signalisation de construction et conduire prudemment clans la zone de travaux. On recommande aux automobilistes d'emprunter d'autres routes. La fin des travaux est prevue le 30 juin 2014. (David Russell) Contrat 2013 -22 — Renouvellement de la conduite d'eau et des egouts sanitaires et pluviaux et travaux de refection de la rue Prince William (entre la rue Princess et la rue Duke) A compter du 20 mai 2014 : Les travaux consistent a installer une nouvelle conduite d'eau principale et de nouveaux egouts sanitaires et pluviaux, a convertir les installations d'utilite publique aeriennes en installations d'utilite publique souterraines et A assurer la refection complete de la rue, y compris de nouvelles bordures de granite, des trottoirs en beton, des terre - pleins centraux en brique, des arbres, de 1'eclairage decoratif de rues et I'asphaltage. Pour la majeure partie des travaux de construction, ce trongon de la rue Prince William sera ferme A la circulation. Les residents et les entreprises auront acces pendant la duree des travaux de construction. Votre patience pendant cette periode d'amelioration est infiniment appreciee. Veuillez respecter les panneaux de construction. La fin des travaux est prevue le 31 octobre 2014.(K. O'Brien) 295 Saint John Jewish Historical Museum 91 Leinster Street, Saint John, N.B. E2L 1J2 Tel : (506) 633 -1833; email : siihm(c-�nbnet.nb.ca June 5, 2014 Mayor and Council City of Saint John P.O. Box 1971 Saint John, N.B. E2L 41_1 Dear Mayor and Council : The Saint John Jewish Historical Museum has placed sandwich boards, which are folding signs advertising the location of the Museum in strategic areas of the uptown - near the City Market, the foot of King Street and on Water Street near the cruise terminals as a way to advertise the Museum to visitors. We have always been careful to place the signs to be visible and in a way that does not impede the smooth flow of pedestrian traffic along the sidewalks. The signs are set out in the mornings between 8:30 and 9:00 and are removed in the afternoon by no later than 4:30 by our staff and volunteers. Our sandwich boards have been professionally designed and include a map showing the location of the museum and provide contact information. We often receive calls from tourists who have seen our signs checking on hours or admission fees before coming on to the Museum. As a small, seasonal museum, the Jewish Museum depends heavily on the tourists visiting the city for our survival. These visitors come via cruise Saint John ships, bus tours and private vehicles and many of them are only in the city for a brief period of time, often only a few hours. Many of them want to Jewish Historical explore the rich history and culture of Saint John by viewing and visiting Museum I historic buildings and museums. 91 Leinster Stree Many of these visitors would not know of the Museum's existence without specific signage. Our location on Leinster Street is outside the main area 633 -1833 explored by tourists and without a way to bring tourists outside that area N w. they will not come. The maps posted on the streets only indicate the direction to the Museum with an arrow pointing off the edge of the map with no information on the distance or its precise location. Nor do these signs USpresent contact information to allow visitors to call and obtain information. We understand the city's concerns about the appearance and proliferation • J of portable signage, but we also need to continue placing our signs in the same careful way in order to promote an interesting tourist destination that is of great interest to many of the visitors who come to the city each summer and fall. Therefore we respectfully request that Common Council permit us to place sandwich boards in the spots indicated above in order to direct visitors to our Museum. Respectfully yours, Gary Davis, President N Katherine Biggs- Craft, Curator REPORT TO COMMON COUNCIL M &C2014 -109 June 19, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: =6 The City of Saint John SUBJECT: Contract No. 2014 -11: — Duke Street (WenthN,orth Street to Crown Street) — Street Reconstruction BACKGROUND The approved 2014 General Fund and Water & Sewerage Utility Fund Capital Programs includes a project for the construction of a new storm sewer, renewal of the sanitary sewer and water system, new roadway granulars, concrete curb and sidewalk, asphalt, trees and landscaping on Duke Street from Wentworth Street to Crown Street. TENDER RESULTS Tenders closed on June 18, 2014 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $1,129,883.61 2. TerraEx Inc., Saint John, NB $1,140,270.57 3. Midi Construction Ltd., Saint John, NB $1,183,978.97 4. Gulf Operators Ltd., Saint John, NB $1,187,818.71 The Engineer's estimate for the work was $ 1,475,700 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. The tenders from TerraEx Inc. and Gulf Operators Ltd. contained an arithmetic error that required correction in accordance with specification article 2.11 (s) (i). The corrected tender result is indicated above. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 297 M &C2014 -109 June 19, 2014 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $1,550,000.00 Project net cost $1,165,525.00 Variance (surplus) $ 384,475.00 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2014 -11: Duke Street (Wentworth Street to Crown Street) — Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,129,883.61 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J el Landers, P.Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment O 2 L <�-- Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL n'rAi; City of Saint John June 20, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Illegal Dump- 51 Worden Drive -Joseph Francais LeGassie PID No. 310888 (the "Property ") BACKGROUND: The Property is in part zoned "RF" Rural and in part zoned "RS -2" One and Two Family Suburban Residential under the City's Zoning By -Law. The Property has served for some time as an illegal dump and contains a considerable amount of waste and debris, primarily from construction sites. This use is neither a permitted nor an accessory use under the City's Zoning By -Cow. Building Inspection has followed its usual administrative processes seeking compliance, which culminated in the service of an Order on the registered owner of the Property on November 1St, 2013. This Order required registered owner to immediately cease using the Property as a dump and provided the registered owner with a period of sixty (60) days to remove all waste and debris from the Property. The City encountered considerable difficulty carrying out personal service of the Order on the registered owner of the Property, which gave rise to a corresponding delay in the process. On April 29th, 2014, following a difficult winter, Building Inspection carried out a follow up inspection of the Property and found that little or no effort has been made by the registered owner of the Property to remove the waste and debris. As to whether the Property has continued to accept additional waste and debris since the Order was served upon the registered owner, we have no evidence at this time to that effect. o -2- May 27, 2014 In light of this non - compliance in the face of repeated orders from Building Inspection in furtherance of direction received in Committee of the Whole (Closed Session), the City Solicitor's Office is in the process of finalizing an Application to the Court of Queen's Bench of New Brunswick seeking an Order that prohibits the use of the site as a dump and that requires the removal of all waste and debris from the Property within a stipulated time. The City Solicitor's Office will be in a position to file the aforementioned Application and supporting Affidavits with the Court of Queen's Bench of New Brunswick by the end of the week of June 23rd, 2014; however, it is necessary for Common Council to first authorize the commencement of such proceedings by way of resolution in order to comply with the requirements of the Municipalities Act, 1973 R.S.N.B. c. M- 22. RECOMMENDATION: That the following resolution be adopted by Common Council: RESOLVED that Common Council hereby directs the City Solicitor or his designate to file an Application with the Court of Queen's Bench of New Brunswick seeking the following relief pursuant to section 94 of the Community Planning Act, 1973 R.S.N.B. c. C -12, and amendments thereto (the "Act "): (a) An Order directed to Mr. Joseph Francais LeGassie pursuant to subsection 94(2)(a) of the Act restraining the continuance or repetition of the use of a parcel of land at 51 Worden Drive, which is identified by Service New Brunswick Parcel Identifier (hereinafter "PID ") No. 310888, as a scrap metal recycling facility for vehicles and construction metals and as a debris site /dump for disposing of non - recyclable construction waste, demolition waste and any other form of waste or debris; (b) An Order directed to Mr. Joseph Francais LeGassie pursuant to subsection 94(2)(c) of the Act requiring Mr. LeGassie to remove from PID No. 310888, by a date not later than sixty (60) days following the date of the Order, all scrap metal as well as all construction waste, X11 May 27, 2014 -3- demolition waste and any other form of waste or debris and to dispose of same at the Crane Mountain Landfill or another legal and authorized landfill /waste disposal site; (c) An Order requiring Mr. Joseph Francais LeGassie to pay to the City costs in such an amount that the Court of Queen's Bench of New Brunswick may allow having regard to subsection 80(2) of the Municipalities Act, 1973 R.S.N.B. c. M -22. Respectfully Submitted, n —� J. Patrick Woods Joy L. Nugent City Manager City Solicitor 301 June 23, 2014 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Appointments to Committees — Saint John Board of Police Commissioners The Committee of the Whole, having met on April 28th, 2014, Council approves the following appointment: Saint John Board of Police Commissioners — to appoint Nicole Paquet for a three year term effective June 23, 2014 until June 23, 2017. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 302 June 23, 2014 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: City Market Tower — Transitional Funding for PRUDE and SJMNRC The Committee of the Whole, having met on June 23, 2014, adopted the following resolution: "RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -77: City Market Head Tower— Transitional Funding for PRUDE and SJMNRC Common Council: 1. Direct staff to make a one -time payment, payable to PRUDE Inc., in the amount of $15,336 for transitional funding that is to be used exclusively for rent expense; and 2. Direct staff to make a one -time payment, payable to Saint John Multicultural & Newcomers Resource Centre Inc. ( SJMNRC), in the amount of $15,336 for transitional funding that is to be used exclusively for rent expense." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 303 June 23, 2014 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Sale of City Owned Property — Mark and Commerce Drive The Committee of the Whole, having met on June 23, 2014, adopted the following resolution: "RESOLVED that as recommended by the City Manager in the submitted report, M &C 2014- 100: Update: Potential Sale City Owned Property Mark and Commerce Drive Area, The City of Saint John convey to Harbary Holdings Ltd. for the sum of $100,760.00 plus HST if applicable, its interest in PID # 55151336, subject to the terms and conditions as set out in the Agreement of Purchase and Sale attached to M &C 2014 - 100." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 M June 23, 2014 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Top Up Pensioner — Mrs. John Gallagher The Committee of the Whole, having met on June 23, 2014, adopted the following resolution: "RESOLVED that as recommended by the City Manager in the submitted report entitled, Top Up Pensioner— Mrs. John Gallagher effective January 1, 2013 the annual indexing of the portion of the pension benefit provided to Mrs. John Gallagher by operation of Council Resolution of November 21, 1994, be calculated and applied at the same percentage as provided for pensions for the year in question, under the City of Saint John Shared Risk Plan." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 305 June 23, 2014 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Barge Terminal Project The Committee of the Whole, having met on June 23, 2014, adopted the following resolution: "RESOLVED that Common Council supports the proposed barge terminal facility at the Spruce Lake Industrial Site." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 M