2014-12-22_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, December 22, 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 Committee of the Whole Open Minutes of December 13, 2014 2 - 5
2.2 Minutes of December 8, 2014 6-13
2.3 Minutes of December 15, 2014 14-18
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John City Market Head Tower - Design Consulting Services for Proposed 19-20
Renovations - Award of Contract (Recommendation in Report)
5.2 City Market Head Tower - Transitional Funding for Human Development Council 21 -30
(Recommendation in Report)
5.3 African Caribbean Society - Sponsorship Request (Recommendation: Refer to 31 -32
Grant Evaluation Committee)
5.4 LWF Cuppens Letter re Taxis in Saint John (Recommendation: Refer to Taxi 33-33
Advisory Committee)
5.5 We Are Passengers Letter re Cuts to Transit Routes and Increases to Fares 34-34
(Recommendation: Receive for Information)
1 Powered By: : 7CfllL7`y
1
5.6 The Power in Sport re 2015 The Year of Women in Sport (Recommendation:
35-38
Receive for Information)
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
9.1 Proposed ByLaw Amendment Stop Up and Close Sears Street
39-41
9.2 Proposed Zoning ByLaw Amendment - 431 Eldersley Avenue (Staff
42-49
Presentation)
9.2.1 Planning Advisory Committee report Recommending Approval of
50-69
Zoning ByLaw Amendment
9.2.2 Proposed Zoning ByLaw Amendment - 431 Eldersley Ave
70-75
10.
Consideration of By -laws
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 2015 General Fund Operating Budget
76-93
12.1.1 2015 Operating Budget Follow -Up
94-96
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Recommended Appointments to Committees
97-98
17.2 Irving Oil Limited Water Settlement Agreement
99-108
17.3 Land Exchange with Barsa Ventures Ltd. Agreement
109-115
17.4 City Market Stall A
116 - 116
18.
Adjournment
1
City of Saint John
Common Council Meeting
Monday December 22, 2014
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Nominating Committee 10.2(4)(b)
1.3 Agreement 10.2(4)(c)
1.4 Agreement 10.2(4)(c)
1.5 Land Matter 10.2(4)(d)
1.6 Financial Matter 10.2(4)(c)
The City of Saint John
Seance du conseil communal
Le lundi 22 decembre 2014
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet 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, hetel de ville
1.1 Approbation du proces- verbal — paragraphe 10.2(4)
1.2 Comite des candidatures — alinea 10.2(4)b)
1.3 Convention — alinea 10.2(4)c)
1.4 Convention — alinea 10.2(4)c)
1.5 Question relative aux biens -fonds — alinea 10.2(4)d)
1.6 Question financiere — alinea 10.2(4)c)
Seance ordinaire
Ouverture de la reunion, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance publique du comite plenier tenue le 13 decembre 2014
2.2 Proces- verbal du 8 decembre 2014
2.3 Proces- verbal du 15 decembre 2014
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Tour du march6 municipal de The City of Saint John: Services d'experts - conseils
en mati&re de conception pour le projet de r6novations — Attribution du contrat
(recommandation figurant an rapport)
5.2 Tour du march6 municipal — Financement transitoire pour le Conseil du
perfectionnement social (recommandation figurant au rapport)
5.3 African Caribbean Society — Demande de commandite
(recommandation : transmettre au Comit6 d'6valuation des subventions)
5.4 Lettre de LWF Cuppens concernant les taxis a Saint John
(recommandation : transmettre au comfit& consultatif sur les taxis)
5.5 Lettre de We are Passengers an sujet de la suppression d'itin6raires de transport en
commun et de 1'augmentation des tarifs (recommandation : accepter a titre
informatif)
5.6 The Power in Sport au sujet de 2015 en tant qu'ann&e des femmes dans le
domaine des sports (recommandation : accepter a titre informatif)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques a 18 h 30
9.1 Modification propos6e a 1'Arret6 concernant la fermeture et le barrage de routes —
Rue Sears
9.2 Projet de modification de 1'Arr&6 de zonage visant le 431, avenue Eldersley
(pr6sentation du personnel)
9.2.1 Rapport du Comite consultatif d'urbanisme recommandant Papprobation
de la modification de 1'Arrete de zonage
9.2.2 Projet de modification de 1'Arrete de zonage visant le 431,
avenue Eldersley
10. Etude des arretes municipaux
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Budget de fonctionnement du fonds d'administration de 2015
12. 1.1 Suivi sur le budget de fonctionnement de 2015
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises i Papprobation du conseil
15. Correspondance generale
16. Ordre du jour supplementaire
17. Comite plenier
17.1 Recommandations de nominations pour sieger aux comites
17.2 Irving Oil Limited — Entente de reglement sur Peau
17.3 Entente relative a 1'echange de biens -fonds avec la societe Barsa Ventures Ltd.
17.4 Etal ri « A)> du marche municipal;
18. Levee de la seance
2014 -1
Committee of the Whole Open Session
December 13, 2014
Minutes of the Committee of the Whole Meeting Open to the Public
Saturday, December 13, 2014 at 8:00 a.m.
Council Chamber, City Hall
Present: Mayor Mel Norton
Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon
and Strowbridge
Regrets: Deputy Mayor Rinehart
- and -
P. Woods, City Manager; G. Yeomans, Commissioner Finance and Administrative
Services; J. Nugent, City Solicitor; J. Hamilton, Commissioner Growth and Community
Development; N. Jacobsen, Commissioner of Strategic Services; Deputy Police Chief; K.
Clifford, Fire Chief; P. Anglin, Deputy Common Clerk
The Committee of the Whole meeting, convened in Open Session proceeded to deal with the
following matters:
Meeting Called To Order
The Mayor called the Committee of the Whole Open Session meeting to order.
2. 2015 Operating Budget
The City Manager commented on the total financial growth of the City consisting of the
municipal grant and tax base being 1.47 %, a growth of $600,000.
The budget process requested departments, agencies, boards and commissions to submit a
budget based on a 0% and 2% increase.
Commenting on the Draft 2015 Budget, the City Manager stated that the column entitled 2015
proposed budget consists of the initial submissions by the City departments, Agencies, Boards
and Commissions.
On motion of Councillor Fullerton
Seconded by Councillor Norton
RESOLVED that the City Manager be directed to meet with the
Management of SJ Energy to have a discussion concerning SJ Energy providing the City of
Saint John relief on street lighting.
Question being taken, the motion was carried with Councillor Farren voting nay.
2.1 Transit Draft 2015 Operating Budget
1
2014 -2
Committee of the Whole Open Session
December 13, 2014
Mr. McCarey responded to questions on the Transit service. Transit is requesting an $800,000
increase in 2015 to maintain the status quo.
The following points were discussed:
• Wages
• Equipment reduction
• Fare increase
• Eliminate routes
• Eliminate or reduce service at night
• Reduce overall service hours
• Fuel costs
• Bus size
Discussion considered using Saint John Common Council 2012 -2016 Our Priorities as a
guidepost for Council to develop the policy for transit. The Priorities state: "Build a more robust
transit system that is aligned with the principles of PlanSX. This would see transit intensified in
the Primary Development Area (PDA).
Responding to a question, Mr. McCarey stated that 90 % -93% of transit riders are in the PDA.
Responding to a question, the Commissioner of Growth and Community Development
commented that 85% - 90% of City residents live within the PDA.
Transit Option 1 — would serve 85 % -90% of the residents of the City who live in the PDA.
The City Manager provided a summation of the transit discussion, observing that:
• Ridership and increased fares are considerations
• Alignment with PlanSJ, but not at the expense of outlying areas; there is
interest in assisting people requiring public transit to commute to work
• Opportunities to realise savings through reduced fuel costs
• Comex should operate at a profit, not a break -even point
The City Manager stated that from the corporate position there must be affordability and
sustainability of the service. Currently there is a $5.1 million dollar commitment to transit that is
expended to reach $6 million without an increase in ridership. Putting extra money that does not
increase ridership is not sustainable. The City Manager cautioned that finding the required $3
million from the existing cost base would be difficult without a tax rate increase.
2.2 Fire Draft 2015 Budget
The City Manager estimates that a 3.5% collective bargaining outcome may increase the
service pay adjustment required in 2015 by $635,000. Recent arbitrations in Moncton /
Fredericton granted awards of 3.7 %.
The Fire Chief provided service reductions impacts at a 2% budget increase.
Topics discussed included:
• Wages
9
2014 -3
Committee of the Whole Open Session
December 13, 2014
• Equipment reduction
• Fire station closures
• Cost associated with industry risks shared with the industrial partners
• Revenue generation
The City Manager provided a summation of the Fire discussion and the City's limited resources.
Due to the time sensitivity, the City Manager will report back with a proposed budget submission
in one week.
2.3 Police Draft 2015 Budget
Responding to questions, the City Solicitor advised that Council may have discussions with the
Commission on its policies, priorities and objectives.
The Chair of the Commission and the Deputy Chief responded to sustainable budget questions.
Topics discussed included:
• Court Costs - requirement of the Justice System
• Mental Health responses
• Secondments revenue generation
• Backfill positions
• Overtime
• Contracting out Finance, HR, services etc.
• Police `gold " rating in the core service review
• Civilization migration plan
• Citizen online crime reporting
• Service expectations wants / needs
The City Manager provided a summation of sustainable transit, fire and police services and the
budget submissions, noting that the following questions were raised:
• Saint John Energy rate relief
• Comparison pie charts from other cities
• Revenue opportunities for asphalt costs relative to lower costs for oil
• Transit fares, Comex, PDA
• Fire cap — what is required
• Police costs for legal, court
• Secondments, civilization, online crime reporting
The Agenda for Monday's Council meeting will include Grants Draft 2015 Budget and time
sensitive matters.
3. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the meeting of Saturday, December 13, 2014 be
adjourned.
ISI
2014 -4
Committee of the Whole Open Session
December 13, 2014
Question being taken, the motion was carried.
The Committee of the Whole Open Session meeting of Saturday, December 13, 2014 was
adjourned at 12:05 p.m.
Common Clerk
5
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE 8 DECEMBRE 2014
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 8, 2014 - 5:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
- and -
P. Woods, City Manager; J. Nugent, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; B. Keenan, Manager,
Transportation and Environment Services; J. Hamilton,
Commissioner of Growth and Community Services; A.
Poffenroth, Deputy Commissioner of Growth and Community
Services; N. Jacobsen, Commissioner of Strategic Services; K.
Clifford, Fire Chief; K. Clynick, Divisional Chief; J. Taylor,
Common Clerk; P. Anglin, Deputy Common Clerk
Call To Order — Prayer
Mayor Norton called the meeting to order and Rev. Brent Carter offered the opening
prayer.
2. Approval of Minutes
3. Approval of Agenda
On motion of Councillor McAlary
Seconded Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Saint John City Market — Lease of Space —
Stalls 16 and 17 and Bench Space; 16.2 Police Budget (Councillor McAlary); 16.3 Saint
John Go Bike Project Proposal (Councillor Norton); 16.4 Assessment of SJFD Medical
First Responder Service (Report); 16.4 Summary of the FCM Board of Directors and
Standing Committee Meetings, Ottawa, ON; 16.5 Zone SJ: Follow -Up from the Council
Q & A Session tabled November 10, 2014; and, 17.1 Committee of the Whole - 1905
Hickey Road PID 334524 Offer and Tender of Compensation — Notice of Possession.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Deputy Mayor Rinehart declared a conflict of interest with item 15.1 CNIB Free
Transportation and Councillor Reardon disclosed a conflict of interest with items
pertaining to Zone SJ.
5. Consent Agenda
5.1 Refer to Item 14.1
5.2 That the report M &C 2014 -212: Terms of the Nov 2014 Debenture Issue be
received for information.
5.3 That as recommended by the City Manager in the submitted report M &C 2014-
218: Saint John City Market — Lease of Space — Stall `B" and Bench Space,
1) Common Council enter into a Lease with 651871 N.B. Inc. for stall B together with the
adjacent bench space, basement space and cooler space in the City Market under the
terms and conditions as set out in the Lease submitted with MC 2014 -218; and
2) That the Mayor and Common Clerk be authorized to execute the Lease.
5.4 That as recommended by the City Manager in the submitted report M &C 2014-
215: Easement Acquisition for New Pedestrian Controlled Access Civic #399 Main
Street (McDonald's Restaurant):
X
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE ter DECEMBRE 2014
1. The City of Saint John acquire from McDonald's Restaurants of Canada Limited, an
Easement in and through the lands at civic #399 Main Street (bearing PID #55039093)
for $1.00, as per the submitted Grant of Easement document; and
2. The City pay up to a maximum of $850.00 plus HST for the legal fees incurred by
McDonald's Restaurants of Canada Limited to complete this transaction; and
3. The Mayor and Common Clerk be authorized to execute any document(s) necessary
to finalize this transaction.
5.5 That as recommended by the City Manager in the submitted report M &C 2014-
224: Acquisition of Property from Province for Installation of City Stormwater
Infrastructure:
1. The City of Saint John acquire from the Province of New Brunswick the parcel of land,
identified as being PID Number 412254, as per the Terms and Conditions set out in the
submitted letter; and
2. That the Mayor and Common Clerk be authorized to execute any document(s)
necessary to finalize this transaction.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the recommendations set out for
each consent agenda item respectively, with the exception of item 5.1 which has been
identified for debate, be adopted.
Question being taken, the motion was carried.
6. Members Comments
7. Proclamation
8. Delegations I Presentations
8.1 Go Bike Project
Stephen Williams, spokesperson for VNB Enterprises Inc. presented the development
concept for Go Bike Project, a rental bike solution for intra -city and trail use in small
cities.
On motion of Councillor Norton
Seconded by Councillor Reardon
RESOLVED that the presentation regarding the
"Go Bike Project" be received for information.
Question being taken, the motion was carried.
16.3 Saint John Go Bike Project Proposal (Councillor Norton)
On motion of Councillor Norton
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
work with the project team on the following outcomes as presented in the proposed
project presentation:
1. Acceptable sites for bike stations that we could rent for a long period (10 years):
these can be either on private property or city land;
2. Warehouse space for a bike workshop, storage and a small office that we can
rent;
3. Membership promotion assistance in City publications;
4. Publicity and support from local promotion groups; and,
5. Consideration from the City on Zoning By -laws, etc.
voting nay.
Question being taken, the motion was carried with Councillor Reardon
7
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE 8 DECEMBRE 2014
9. Public Hearings
10. Consideration of By -laws
10.1 Proposed Municipal Plan Amendment — 2086 Ocean Westway
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the Proposed Municipal Plan
Amendment — 2086 Ocean Westway be referred to the Planning Advisory Committee for
a report and recommendation and to authorize the necessary advertising with a Public
Hearing to be held on Monday, February 2, 2015 in the Council Chamber at 6:30 p.m.
Question being taken, the motion was carried.
11. Submissions by Council Members
12. Business Matters
(Councillor Reardon withdrew from the meeting)
12.1 Zone SJ: Revised Municipal Plan Schedules and Zoning Map to
Accommodate Recently Approved Applications
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -222: Zone SJ: Revised Municipal Plan
Schedules and Zoning Map to Accommodate Recently Approved Applications, Common
Council replace the existing Schedule A and Schedule B of the Municipal Plan and the
Zoning Map in ZoneSJ with the submitted revised schedules, in order for this suite of
maps to be considered for final adoption.
Question being taken, the motion was carried.
12.7 Zone SJ — Final Draft for Adoption (Tabled from November 3, 2014)
12.7.1 Appendix C: Complete English Zoning By -Law
12.7.2 Appendix D: Final French Zoning By -Law
12.7.3 Appendix E: Housekeeping Amendments to the Municipal Plan
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED that item, 12.7 Zone SJ — Final Draft
for Adoption (Tabled from November 3, 2014) be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled, "A Law to
Amend the Municipal Plan By- Law ", regarding specific housekeeping amendments as
outlined in the submitted bylaw amendment, be read a first time.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By-
Law."
On motion of Councillor McAlary
Seconded by Councillor Lowe
RESOLVED that the by -law entitled, "A Law to
Amend the Municipal Plan By- Law ", regarding specific housekeeping amendments as
outlined in the submitted bylaw amendment, be read a second time.
voting nay.
Question being taken, the motion was carried with Councillor Fullerton
n.
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE ter DECEMBRE 2014
Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By-
Law."
On motion of Councillor Lowe
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled, "By -Law
Number C.P 111, The Zoning By -Law of The City of Saint John" repealing and replacing
By -Law Number C.P. 110, The Zoning By -Law of The City of Saint John and
amendments thereto, be read a first time.
Question being taken the motion was carried with Councillor Fullerton
voting nay.
Read a first time by title, the by -law entitled, "By -Law Number C.P. 111, The Zoning By-
Law of The City of Saint John."
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "By -Law
Number C.P 111, The Zoning By -Law of The City of Saint John" repealing and replacing
By -Law Number C.P. 110, The Zoning By -Law of The City of Saint John and
amendments thereto, be read a second time.
Question being taken the motion was carried with Councillor Fullerton
voting nay.
Read a second time by title, the by -law entitled, "By -Law Number C.P. 111, The Zoning
By -Law of The City of Saint John."
16.5 Zone SJ: Follow -Up from the Council Q &A Session (Tabled November 10,
2014)
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that item 16.5 Zone SJ: Follow -Up
from the Council Q & A Session tabled November 10, 2014 be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Lowe
RESOLVED that Common Council directs the
amendments to Zone SJ: Follow -Up from the Council Q & A Session to permit
secondary suites in one -unit dwellings in Rural areas be adopted.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
(Councillor Reardon re- entered the meeting)
12.2 2014 Water and Sewerage Utility Fund and General Fund Capital Program
Adjustments
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -216: 2014 Water and Sewerage Utility Fund
and General Fund Capital Program Adjustments, Common Council approve the
adjustments to the 2014 Water & Sewerage Utility Fund and General Fund Capital
Programs as outlined in the report and further that the Lower Cove Loop Sewer
Rehabilitation project be added to the 2014 Water & Sewerage Utility Fund Capital
Program in the amount of $608,000 and to the 2014 General Fund Capital Program in
the amount of $609,000 utilizing the budget offsets identified.
Question being taken, the motion was carried.
9
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE 8 DECEMBRE 2014
12.3 Rothesay Avenue Fleet Garage — Asbestos Management Plan /Roof Retrofit
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -216: Rothesay Avenue Fleet Garage —
Asbestos Management Plan /Roof Retrofit:
1) Common Council award Bid No. 2014-082701T: Roof Replacement — Municipal
Operations Garage to the low bidder, Atlantic Roofers Ltd., for the contract price of
$122,990 plus HST;
2) Common Council approve a construction contingency allowance of $18,500 plus HST,
which is to be expended only if required to address unforeseen conditions during the
construction at the approval of the Manager of Facility Management;
3) Common Council approve deferring the three capital projects identified in M &C 2014-
216 originally planned for 2014 to future years to free up the funding within the 2014
approved capital budget envelope for this project; and
4) That the Mayor and Common Clerk be authorized to execute the necessary
documents.
Question being taken, the motion was carried with Councillors Fullerton
and Farren voting nay.
12.4 Play SJ — Neighbourhood Playground Implementation Plan
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the submitted report M &C 2014-
194: Play SJ — Neighbourhood Playground Implementation Plan be received for
information.
Question being taken, the motion was carried.
12.5 Safe, Clean Drinking Water Project — Spending Authority
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -223: Safe, Clean Drinking Water Project —
Spending Authority, Common Council adopt the following:
1. The Commissioner of Saint John Water is hereby authorized pursuant to the
provisions of s.4(3) of the Municipalities Act (RSNB 1973 c.M -22) to approve an
expenditure of up to One Hundred Thousand Dollars ($100,000.00) from the budget
approved by Common Council for the Safe, Clean Drinking Water Project (the Project)
for work lying beyond the project scope of the project subject to the condition precedent
that the Project Manager has provided the Commissioner with written advice stating
such expenditure is essential for the execution of the Project and that approval thereof is
required at once in order to avoid incurring additional costs which would be attendant
upon awaiting further Council approval.
2. The Safe, Clean Drinking Water Finance Committee is hereby authorized pursuant to
the provisions of s.4(3) of the Municipalities Act (RSNB 1973 c.M -22) to approve at a
duly constituted meeting an expenditure of up to Two Hundred Fifty Thousand Dollars
($250,000.00) from the budget approved by Common Council for the Safe Clean
Drinking Water Project (the Project) for work lying beyond the project scope of the
project subject to the condition precedent that the Project Manager has provided the said
Committee with written advice stating such expenditure is essential for the execution of
the Project and that approval thereof is required at once in order to avoid incurring
additional costs which would be attendant upon awaiting further Council approval.
Question being taken, the motion was carried.
10
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE ter DECEMBRE 2014
12.6 An Assessment of the Saint John Fire Department Medical First Responder
12.6.1 Emergency Medical Response: Promising Practices in Canadian Urban Fire
Services (Presentation)
Dr. S. Braedley, Professor at Carleton University and researcher in the field of Fire -
Based Emergency Medical Response, addressed Council on her nation -wide research.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the submitted report M &C 2014-
225: An Assessment of the Saint John Fire Department Medical First Responder, be
received for information.
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
14.1 Mercantile Centre Pedway Lease — City Share of Operating Cost
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -217: Mercantile Centre Pedway Lease —
City Share of Operating Cost:
1) Common Council approve the adjustment to the City of Saint John's portion of the
operating costs for the Mercantile Centre Pedway to $3,738.56 per month (excluding
HST) retroactive to January 1, 2014, and pay all arrears associated with this adjustment;
2) Common Council approve that unbudgeted costs associated with the rent adjustment
be offset by deferring building maintenance activities originally planned for 2014 to future
years; and
3) Common Council approve the 2015 proposed rent charge for the Mercantile Pedway
space in the amount of $3,777.17 plus HST per month.
Question being taken, the motion was carried.
15. General Correspondence
(Deputy Mayor Rinehart withdrew from the meeting)
15.1 Letter from J Campbell: CNIB Free Transportation
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the letter from J Campbell re:
CNIB Free Transportation be received for information.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart re- entered the meeting)
16. Supplemental Agenda
16.1 Saint John City Market - Lease of Space - Stalls 16 and 17 and Bench Space
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -219: Saint John City Market — Lease of
Space — Stalls 16 and 17 and Bench Space:
11
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE 8 DECEMBRE 2014
1) Common Council enter into a lease with 045255 N.B. Ltd. for stalls "16" and "17"
together with the adjacent bench space, basement space and mezzanine space in the
City Market under the terms and conditions as set out in the Lease submitted with M &C
2014 -219; and
2) That the Mayor and Common Clerk be authorized to execute the Lease.
Question being taken, the motion was carried.
16.2 Police Budget (Councillor McAlary)
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that Common Council request the
Saint John Police Commission provide the total cost of legal costs for the Police
Department during 2014, including legal fees incurred for negotiations, and any Police
Officers' legal considerations and that this be provided before the City's budget decision.
Question being taken, the motion was carried.
16.4 Summary of the FCM Board of Directors and Standing Committee
Meetings, Ottawa, Ontario
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report Summary of the FCM Board of Directors and Standing
Committee Meetings, Ottawa, Ontario, be received for information.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 1905 Hickey Road PID 334524 Offer and Tender of Compensation — Notice
of Possession
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the
Committee of the Whole having met on December 8t", 2014 Common Council directs
that:
(i) An offer of $1,259.00 be made to Donald Gilbert Kerr, Dorothy Carol Kerr and New
Brunswick Housing Corporation in full compensation of their easement interest in lands
designated PID 334524 shown on Plan of Survey dated April 7, 2014 and certified
correct by Hughes Surveys & Consultants Inc., which easement was expropriated by
The City of Saint John on the 10th day of September, 2014 and which amount
represents 100% of the market value of the parcel as determined by deStecher
Appraisals Ltd.;
(ii) The aforesaid amount of $1,259.00 be tendered upon Donald Gilbert Kerr, Dorothy
Carol Kerr and New Brunswick Housing Corporation;
(iii) A copy of the Appraisal Report prepared by David D. Babineau of deStecher
Appraisals Ltd. and upon which the offer and tender of compensation are made, be
served upon Donald Gilbert Kerr, Dorothy Carol Kerr and New Brunswick Housing
Corporation;
and FURTHER BE IT RESOLVED that Common Council does hereby authorize the
City's taking physical possession of easement interest in the lands designated as PID
334524 upon the tendering of compensation."
Question being taken, the motion was carried.
12
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 8, 2014/LE ter DECEMBRE 2014
18. Adjournment
On motion of Councillor Strowbridge
Seconded by Councillor MacKenzie
RESOLVED that the Common Council meeting of
December 8, 2014 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:48 p.m.
Mayor / maire
Common Clerk/ greffier communal
13
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 15, 2014/LE 15 DECEMBRE 2014
COMMON COUNCIL— THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 15, 2014 - 5:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
- and -
P. Woods, City Manager; J. Nugent, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; B. Keenan, Manager,
Transportation and Environment Services; J. Hamilton,
Commissioner of Growth and Community Services; A.
Poffenroth, Deputy Commissioner of Growth and Community
Services; N. Jacobsen, Commissioner of Strategic Services; K.
Clifford, Fire Chief; D. Brooker, Sgt. at Arms; P. Anglin, Deputy
Common Clerk and R. Evans, Administrative Assistant.
Call To Order — Prayer
Mayor Norton called the meeting to order and Rev. Erik Kraglund offered the opening
prayer.
2. Approval of Minutes
2.1 Minutes of December 1, 2014
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on December 1, 2014, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Due to absence from public hearing for Zone SJ, Councillor Reardon is unable to vote
on items 10.1 and 10.2.
5. Consent Agenda
5.1 That the letter from the Construction Association of New Brunswick Saint John
Region re: Support for Shale Gas, be received for information.
5.2 That the letter from the Construction Association of New Brunswick Saint John
Region re: Support for Pipeline, be received for information.
5.3 That the letter from the City of Saint John Community Arts Board re: Increase in
Operating Budget, be referred to the 2015 Budget.
5.4 That the 2015 budget from Uptown Saint John be approved and that the
Common Clerk's office advertise for the public hearing for the 2015 BIA Levy.
On motion of Councillor McAlary
Seconded by Councillor Reardon
14
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 15, 2014/LE 15 DECEMBRE 2014
RESOLVED that the recommendations set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that on the advice of the City Solicitor,
the resolution for item 5.4 be amended as follows:
That the letter from Uptown Saint John Inc. submitting its 2015 budget be received, and
that advertising be authorized with a date set for a public hearing for the Business
Improvement Area Levy.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations / Presentations
9. Public Hearings 6:30 P.M.
10. Consideration of By -laws
10.1 Third Reading Municipal Plan Housekeeping Amendments
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled, "By -Law
Number C.P. 106 -8, A Law to Amend the Municipal Plan By- Law ", regarding specific
housekeeping amendments as outlined in the submitted bylaw amendment, be read.
Question being taken, the motion was carried with Councillor Fullerton
voting nay
The by -law entitled, "By -Law Number C.P. 106 -8, A Law to Amend the Municipal Plan
By -Law" was read in its entirety.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled, "By -Law
Number C.P. 106 -8, A Law to Amend the Municipal Plan By- Law ", regarding specific
housekeeping amendments as outlined in the submitted bylaw amendment, be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Councillor Fullerton
voting nay
Read a third time by title, the by -law entitled, "By -Law Number C.P. 106 -8, A Law to
Amend the Municipal Plan By- Law."
10.2 Third Reading Zoning ByLaw (Zone SJ)
On motion of Councillor MacKenzie
Seconded by Councillor Lowe
RESOLVED that the by -law entitled, "By -Law
Number C.P. 111, The Zoning By -Law of The City of Saint John" repealing and replacing
By -Law Number C.P. 110, The Zoning By -Law of The City of Saint John and
amendments thereto, be read.
voting nay.
Question being taken, the motion was carried with Councillor Fullerton
15
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 15, 2014/LE 15 DECEMBRE 2014
The by -law entitled, "By -Law Number C.P. 111, The Zoning By -Law of The City of Saint
John" was read in its entirety.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the by -law entitled, "By -Law
Number C.P. 111, The Zoning By -Law of The City of Saint John" repealing and replacing
By -Law Number C.P. 110, The Zoning By -Law of The City of Saint John and
amendments thereto, be read a third time, enacted, and the Corporate Common Seal
affixed thereto.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
Read a third time by title, the by -law entitled, "By -Law Number C.P. 111, The Zoning By-
Law of The City of Saint John."
11. Submissions by Council Members
12. Business Matters
12.1 2015 Insurance Renewal
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that Common Council accepts the
insurance package offered by our Agent of Record, Hub International Atlantic Limited
(formerly Huestis Commercial Insurance) as submitted in the report entitled, M &C 2014-
226: 2015 Insurance Renewal, and approves payments as follows:
Insurance Premiums of
$1,137,887
Agreed Agency Fee of
$24,400
Payable to Hub International Atlantic
Limited
$1,162,287
Question being taken, the motion was carried.
12.2 Director's Insurance
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that Common Council approves the
recommendation in the submitted report, entitled M &C 2014 -227: Director's Insurance,
as follows:
1. Recommend to the following agencies, boards or commissions that they should
purchase their own Director's and Officer's Liability policy if they do not already do so:
Discover SJ, Fundy Trail Development Authority, Imperial Theatre Inc., Saint John
Energy, Saint John Airport, Saint John Development Corporation, Saint John Non - Profit
Housing, Saint John Port Authority, City of Saint John Shared Risk Pension Plan Board
of Trustees, Stonehammer Geopark.
2. Receive this report for information.
Question being taken, the motion was carried.
12.4 Long Term Disability Contract Extension
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that Common Council hereby requests
pursuant to the provisions of the Table of Benefits of such policy that the LTD Plan
design be amended effective as of January 1, 2015 to reflect the agreement reached in
November of 2014 between the City and the bargaining agents representing the
unionized employees of the City with the concomitant reduction in the rate to be charged
by Great West Life for the amended coverage.
16
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 15, 2014/LE 15 DECEMBRE 2014
Question being taken, the motion was carried.
12.3 2014 Streets, Sidewalks and Curbs Report
Mr. Edwards reviewed the submitted report and presented the initiatives for 2015 and
responded to questions from Council.
On motion of Councillor Merrithew
Seconded by Councillor Farren
RESOLVED that Common Council referring to the
submitted report entitled, M &C 2014 -210: 2014 Streets, Sidewalks and Curbs Report,
Common Council approves the following:
1. Consider the information herein in determining 2015 Operating and Capital budget
funding allocations for asphalt pavements;
2. Continue with a Pavement Condition Index (PCI) target of 77.5; and
3. That this report be received for information.
Question being taken, the motion was carried.
7.1 2015 - The Year of Women in Sport
The Mayor proclaimed 2015 the Year of Women in Sport in The City of Saint John.
12.5 2015 Budget Document
The City Manager provided guidance on the level of discussion concerning the
Community Grants Fund:
• discussion should be based on policy
• fundamental policy decision to be determined by Council is, as a City should we
be providing grants to events, programs, community centres or groups? And if
so, how much?
• arguments for funding events include: helps create colour, vitality, character and
engages the community and all around it is positive for the community
• arguments against funding include: Citizens pay taxes for services and should
not be funding events or groups through their taxes
After the discussion, the City Manager provided a summation of Council's input on the
Community Grants Fund:
• advantages to the Community to provide some grants
• smaller pool of funding is in keeping with the budget realities
• a few are willing to completely remove funding if need be
• return on investment should be reported on
• funding should not create a dependency by groups but be transitional
• alignment with Council priorities
On motion of Councillor Reardon
Seconded by Councillor McAlary
RESOLVED that Council direct the City Manager to
draft a balanced budget that maintains the stable tax rate and present the budget at a
special meeting of Common Council on Thursday, December 18, 2014 at 5 p.m. in the
Council Chamber.
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 15, 2014/LE 15 DECEMBRE 2014
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the Common Council meeting of
December 15, 2014 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 8:23 p.m.
Mayor / maire
Common Clerk / greffier communal
in
REPORT TO COMMON COUNCIL
M &C 2014 -233
December 16, 2014
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
The City of Saint john
Saint John City Market Head Tower— Design Consulting Services for Proposed Renovations— Award of Contract
BACKGROUND
As Common Council is aware, 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. Under the insurance claim for the incident, work
completed to date includes removal of water saturated and damaged building components, thorough drying of the
space, electrical repairs, replacement of the fire alarm panel, amongst other general remediation efforts.
As previously reported to Common Council before the water damage occurred (refer to M &C 2013 -117 and M &C 2013-
263), the City Market Head Tower requires a capital investment of approximately $3M to render the building safe for
occupancy. In addition, the City of Saint John is subject to a contractual obligation under a cost sharing agreement with
the Federal Government (Environment Canada — Parks) to 'protect the Market in its restored state" until the year 2030
because of the City Market's national historic and architectural significance.
In August of 2014, Common Council agreed in concept to the utilization of the second through fourth floors of the City
Market Head Tower as "City space ", more specifically, to house "auxiliary services" that are able to operate somewhat
independently from City Hall. With this understanding, in October and November 2014, staff of Facility Management
invited proposals from select consultants to complete the design and tender work associated with the capital renewal of
the City Market Head Tower.
In the 2014 capital budget, $270,000 was approved by Common Council for the Architectural and Engineering work that
would be required to develop the design and tender for the capital renewal of the City Market Head Tower.
ANALYSIS AND FINANCIAL CONSIDERATIONS
A request for proposals (RFP) was distributed to three (3) consultants that staff deemed had the necessary resources
and expertise to perform the work associated with the design and tender for the capital renewal of the City Market
Head Tower. Each of these invited proponents also had past direct experience with the City Market Head Tower
specifically, so as to promote familiarity and efficiency for the project.
19
Report to Common Council
Saint John City Market Head Tower
Design Consulting Services for Proposed Renovations - Award of Contract
Only two (2) proposals were received as follows:
Page 2 of 2
* Does not include value -added services offered in proposal
As previously mentioned, $270,000 was approved by Common Council in the 2014 capital budget for the Architectural
and Engineering work that would be required to develop the design and tender for the capital renewal of the City
Market Head Tower. Approximately $30,000- 40,000 of the approved budget has been allocated for the completion of
an Asbestos Survey and for the development of a Demolition Plan / Asbestos Abatement Program for the Head Tower
(i.e. interior elements only). Therefore, the low bid of Murdock and Boyd Architects is within the overall approved 2014
capital budget envelope.
Staff of Facility Management recommends the award of this consulting contract to Murdock and Boyd Architects since
the fee proposal is within the overall budget previously approved by Common Council under the 2014 capital budget. In
addition, should Common Council approve this project, the design work will be completed in time to tender the work
early in the spring, thus, construction can begin as early as possible in 2015 (pending approval by Common Council
during the 2015 capital budget deliberations). This will reduce the City's exposure to risks associated with continuing to
have empty space in the Head Tower (e.g. safety, accelerated deterioration, security, heating requirements, additional
pipe ruptures, opportunity costs lost, etc.).
It is important to note that the fee proposal of Murdock and Boyd Architects is based on the assumption that the City
Market Head Tower will become City space to house "auxiliary services °. Should this change dramatically at any point
during the design phase, fees may change accordingly.
INPUT FROM OTHER SOURCES
During the development of this report, input was received from various City departments including Materials
Management, Real Estate, City Market, and Finance.
RECOMMENDATION
As described in M &C 2014 -233, your City Manager recommends:
1) That Common Council award the Design Consulting Services for Proposed Renovations to the City Market Head
Tower to the low bidder, Murdock and Boyd Architects, for the contract rice of $154,000 plus HST; and
2) That the Mayor and Common Clerk be authorized to execute the ne sary documents.
Respectfully submitted,
Trevor L. Gamblin, M.Sc.E., P.Eng. Gr
Manager, Facility Management Co
a rick Woods, CGA
i Manager
20
mans, CGA, MBA
, Finance and Administrative Services
REPORT TO COMMON COUNCIL
M &C 2014 -235
December 17, 2014
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUCT
City Market Head Tower — Transitional Funding for Human Development Council
BACKGROUND
The City, of Saint john
As a result of damage caused by flooding in January 2014, Common Council directed City staff to advise the non - profit
tenants who occupied the City Market Tower at the time that the City of Saint John would no longer be providing them
granted space in the Tower for their operations (M &C 2014 -02). Further to this, Common Council directed City staff to
advise the non - profit tenants that transitional funding would be considered for rental costs up to a maximum of six (6)
months to assist the non- profit organizations' transition to other space (M &C 2013 -263).
Human Development Council (HDC) have found new space for their continued operations and have provided the details
of their lease for consideration of transitional funding.
ANALYSIS AND FINANCIAL CONSIDERATIONS
The lease agreement for HDC consists of a month to month agreement for approximately 2,676 square feet of Class "C"
office space at a monthly rate of $800 plus HST. As a non - profit organization, 50% of the HST can be recovered by the
organization, thus, their monthly net cost for rent is $852.
Prior to January 2014, this organization occupied 1474.7 square feet of space in the City Market Tower at which the City
booked a monthly expense (and revenue) of $1506.66, including HST.
Six months of transitional funding for HDC would total $5,112. For comparison, the amount budgeted in the 2014
operating budget for a six month period for this organization was $9039.96. It is important to note that this amount was
booked as both an expense and revenue, whereas transitional funding will be booked as an expense only. As such, the
transitional funding amount of $5,112, if approved, will be an unbudgeted operating expense.
As compared to the space formerly occupied in the City Market Head Tower, City staff believes that the amount and
type of new space secured by HDC is suitable for their continued operation. Furthermore, it is also considered to be
appropriate given comparable Class "C" space offered elsewhere in the marketplace.
As directed by Common Council (M &C 2013 -263), any transitional funding granted to the non - profit tenants is to be
used to cover the cost of their rent only.
INPUT FROM OTHER SOURCES
21
Report to Common Council
City Market Head Tower — Transitional Funding for HDC
Page 2 of 2
During the development of this report, input was received from various departments within Finance & Administrative
Services.
RECOMMENDATION
Your City Manager recommends that Common Council
1) Direct staff to make a one -time payment, payable to Human Development Council, in the amount of $5,512 for
transitional funding that is to be used exclusively for rent expense.
Respectfully submitted,
Trevor L. Gamblin, M.Sc.E., P.Eng.
Manager, Facility Management
a rick Woods, CGA
Manager
Gregory J. Yeomans, CGA, MBA
Commissioner, Finance and Administrative Services
22
Human Development Council
11'I1rifleti Unit IIIWra XWs ant Dell Lssue in ( irea1ter sa hu _Jl)]Iil dir.,ugll Yexedl'c71,
(tlfe'allTlilrh�ll; coordination and ne nt arrl rm,
November 28, 2014
Mr. Kevin Loughery
City Market Clerk
46 Charlotte St.
Saint John, NB
E21, 2148
Dear Mr. Loughery :
Re: Human Development Council (HDC)
Further to our conversations with respect to transitional funding support from the City after our
forced relocation from the Market Tower in January, please accept this letter as the formal
request for rental assistance. The HDC is currently located in Brunswick Square and we have
entered into a month -to -month with Fortis Properties on favourable terms. 1 have enclosed a
copy of the lease for your records. We ask that you treat the terms of the agreement with
confidence.
The HDC was a tenant in the Tower for over '30 years. We appreciated the opportunity to operate
the social planning council from the historic site. We also appreciate the offer of assistance as we
transition to our neNN space.
If you require any additional information, please do not hesitate to contact me.
Yours truly,
Randy Held
Executive Director
f bill Fh, l:ir% Al.rric -; )t ti, •rr.: -rr,-o IVI h f `lr; A. 1,,h,,. L'L 4I0
Tel: (506) 634 -169 3 Fax (500) 0ib -5343 INFO -line° Ii0t)) 631-4616 -
h�+v� +nhna�r.nl�.�a �i�t�s. Iiunir .rlart,m�•ntta�untif.nh.r.{
-A UNITEV 11.1 A(P'ENCY -
TEMPORARY TE -NANCY AGREEMENT
DA'Z'E: January 9, 2014
FROM: ( "Tenant ") Human Development Council
P.O. Box 6125, Station A
Saint John, NB
EM 4R6
TO: ( "Landlord ") Fortis Properties Corporation
34 King Street
Saint John, N.B.
EM 4W3
We, Human Development Council, (hereinafter referred to as the "Tenant ") hereby agree
to lease from Fortis Properties Corporation (hereinafter referred to as the "Landlord ") that portion
of Brunswick Square (hereinafter referred to as the "Centre "), described as Unit C1 (hereinafter
referred to as the "Leased Premises "), in the City of Saint John, Province of New Brunswick.
The Leased Premises will comprise of approximately 2,676 sf being that area outlined in red on
the attached Schedule "A"
We make this Agreement to Lease on the following terms and conditions:
The Tenant shall pay to the Landlord a monthly rental fee of Eight Hundred
Dollars per month ($800.00) plus HST. Rent is due in advance and payable on
the first day of each month. It is agreed that this is a gross rent lease with the
exception that the Tenant shall be responsible to contract for and pay its monthly
telephone and internet fees.
2. The terra of this Agreement shall commence on January 10, 2014 and remain on
a month to month basis. It is agreed and understood that this Agreement may be
terminated by either party upon receipt of Thirty (30) days written notice of their
intent by the other party. However, should Landlord give such notice to the
Tenant, and the Tenant is not in default of the terms and conditions herein, the
Landlord shall make its best efforts to relocate the Tenant into another space
within the Centre within such thirty Q 0) day period and on the same terms and
conditions of this Agreement.
Human Development Council TTA January 2014
24
Landlord Tenant
initials initials
i.
The Landlord shall make the Leased Premises available to the Tenant on an "as
is" basis.
4. All costs relating to the preparation of the Leased Premises beyond the existing
infrastructure within the Leased Premises such as installation of additional
electrical and telecom wiring, fixtures and equipment shall be the responsibility of
the Tenant. All costs relating to the preparation of the Premises such as supply of
power and telephone installation shall be the responsibility of the Tenant.
5. The Tenant shall provide the Landlord with proof, satisfactory to the Landlord
that it carries and has in full force and effect, public liability insurance in respect
of injury of one or more persons, and property damage insurance in connection
with the use of the Leased Premises in an amount not less than $2,000,000.00.
G. The Tenant agrees to indemnify the Landlord, its officers, employees, licensees,
tenants and invitees and save it harmless from and against any and all claims,
actions, damages, liability and expense in connection with the loss of life,
personal injury and /or damage arising from or out of any occurrence.
7. The Tenant agrees not to operate any business in the Leased Premises other than
that of. a Business Office for Human Development Council.
Any changes to the above use must first meet with Landlord's prior approval, and
should the Landlord, in its sole discretion, object to any aspect of the Tenant's use
of the Premises, including but not limited to those uses which conflict with other
tenancies in the Centre, the Tenant shall modify the use accordingly. In cases
where a use by the Tenant which has not been specifically approved by the
Landlord conflicts with other existing tenancies in the Centre, and the Tenant does
not remedy such conflict immediately, the Landlord may terminate this
Agreement on 48 hours written notice.
9. The Tenant agrees upon completion of this Agreement to leave the Premises in
the same condition as on the occupation date and to be responsible for any
damage resulting from the Tenant's operations.
10. The Landlord acknowledges having received from the Tenant a security deposit in
the amount of Five Hundred and Sixty Five Dollars ($565.00) as a non - interest
bearing deposit to be held by the Landlord for application against rent and other
charges payable by the Tenant to the Landlord at the termination of this Lease.
11. This Agreement shall not be assigned or transferred by the Tenant.
Human Development Council TTA January 2014
25
Landlord Tenant
initials Initials
12. This Agreement shall be governed by the laws of the Province of New Brunswick.
Witness as to the signore of
Witness Name:
Witness as to 'the -s tore of
Witness Name:
-4/
i
Witness as to tha signature of
Witness Name:
Human Development Council
(Tenant)
Per: ! ,
andy Ida jel , E cutive Director
Human evelop nt Council
Per:
Per:
Fortis Properties Corporation
(Landlord)
Authorized Signature
Human Development Council 77A January 2014 Landlord Tenant
Initials Initials
a
26
GarR
SCHEDULE "A"
Human Development Council TTA January 2014
27
Landlord Tenant
Initials initials
SCHEDULE B
Rules And Regulations
1. The Tenant shall not perform any acts or carry on any practices which may injure: the Leased Premises
or be a nuisance or menace to other tenants, or make or permit any improper or objectionable noises, odours, or
vibrations in the Centre and shall forthwith upon request by the Landlord discontinue all acts or practices in
violation of this clause and repair any damage or injury to the Leased Premises caused thereby. The Tenant
agrees that the Landlord shall have the right to determine, at its sole discretion, whether objectionable or
improper conditions exist.
2. The Tenant shall not cause unnecessary labour by reason of carelessness and indifference to the
presen-ation of good order and cleanliness in the Leased Premises and in the Centre.
3- No bicycles, vehicles, birds or animals shall be brought or kept in or about the Centre except in areas
so designated by the Landlord. A charge may be laid against the Tenant for violation of this clause.
4. Canvassing, soliciting and peddling in the Centre is prohibited and the Tenant shall co- operate to
prevent the same.
5. The sidewalks, entries, and corridors shall not be obstructed or used by the Tenant or its clerks,
employees. agents, visitors or licensees for any other purpose than ingress to and egress from the premises except
with prior written authority of the Landlord. Nothing shall be thrown by the Tenant, its employees, contractors,
customers, or visitors out of windows or doors of the Centre. The Landlord reserves entire control of the
sidewalks and corridors which are not expressly included within this Lease, and shall have the right to make
such repairs, replacements, alterations, additions, decorations and improvements and to place such signs and
appliances therein, as it may deem advisable, provided that ingress to and egress from the Leased Premises is not
unduly impaired.
6. The Landlord shall have the right to prohibit any advertising of or by the Tenant, which in its opinion,
tends to impair the reputation of the Centre. Upon written notice from the Landlord, the Tenant shall refrain
from or discontinue such advertising.
7. No sign, advertisement or notice shall be placed on any part of the outside of the Centre or be visible
from the outside of the Centre, except as authorized in writing by the Landlord.
3. The water and wash closets and Urinals shall not be used for any other purposes than the purposes for
which they were respectively constructed, and the expense for any breakage, stoppage or damage resulting from
a violation of this rule by the Tenant or its employees, customers, contractors or visitors shall be borne by the
tenant.
9. If any apparatus used or installed by the Tenant requires a permit as a condition for installation, the
Tenant must file the permit with the Landlord before beginning the use or installation.
10. The Landlord shall have power to prescribe the weight and position of safes and other heavy
equipment, which shall be placed and stand on such plank strips or skids as the Landlord may prescribe, to
distribute the weight properly, All damage done to the Centre by taking in or moving out a safe or any other
article of the Tenants equipment, or due to its being on the Leased Premises, shall be repaired at the expense of
Human Development Council TTA January 2014
landlord Tenant
initials Initials
the Tenant. Only hand trucks equipped with rubber tires and side guards and such other safeguards as the
Landlord may require small be used in the delivery or transportation of goods or materials in the Centre.
11, The Tenant agrees to observe all reasonable rules and regulations regarding the security and protection
of the Centre and the tenants thereof.
12. The Tenant shall not use any portion of the Leased Premises for cooking without the written consent of
the Landlord.
13. The Tenant shall not place any additional locks or bolts of any kind upon any of the doors of the
Leased Premises or change any of the existing locks or mechanisms thereof, without the written consent of the
Landlord.
14. All window coverings which are visible from the exterior of the Centre or from common areas or
corridors shall be of a neutral colour.
15. The Tenant shall not make any structural alterations in or additions to the Leased Premises (including
without limitation, the construction of a mezzanine floor) without prior written consent of the Landlord. If
structural alterations become necessary because of the application of laws or government regulations to the
business carried on by the Tenant or because of any act or default of the Tenant or because the Tenant has
overloaded any facility, the Tenant shall make such alterations at the Tenant's own expense after obtaining the
Landlord's written approval of plans and specifications and furnishing such indemnification against liens, costs,
damages and expenses as the Landlord may reasonably require.
16. The Tenant shall permit any person authorized by the Landlord to use, install, maintain and /or repair
pipes, wires, ducts or other installations in, under, over or through the Leased Premises or any other premises in
the Centre. Such services shall include, without limiting the generality of the foregoing, gas, electricity, water,
sanitation, telephone, music, heat, ventilation and air conditioning.
17. The Tenant shall, at its expense, use such pest extermination contractors for the Leased Premises as the
Landlord may direct, and at such intervals as the Landlord may require,
18. The Tenant shall not keep, use, sell. or offer for sale in the Leased Premises anything of dangerous,
inflammable, or explosive nature.
19. The Tenant shall give immediate notice to the Landlord in case of lire or accident in the Leased
Premises or in the building in which the Leased Premises are situated or in case of defects therein or to any
fixtures or equipment thereof, notwithstanding that the Landlord may have no obligations with respect thereto.
20. No debris, garbage, trash or refuse shall be placed or left in, on or upon any part of the Centre outside
the Leased Premises, but shall be deposited by the Tenant in the kind of container specified by the Landlord in
areas and at times and in a manner specifically designated by the Landlord from time to time.
(a) If there are charges for the removal of such items additional to any removal service provided
by the municipality, then the Tenant shall pay such charges.
(b) Items of a perishable nature or other wet refuse shall be disposed of by the Tenant at its
expense, and shall not be stored on the Leased Premises or on the Centre lands.
Human Development Council TTA January 2014
29
Landlord Tenant
Initials Initials
' n
(c) The outside areas adjoining the Leased Premises shall be kept clean and free from snow, ice,
dirt, garbage and refuse by the Tenant to the satisfaction of the Landlord. No garbage or articles of
any kind may be placed at anytime outside the rear or at the side of the Leased Premises.
21, The Tenant shall remain open during the minimum hours of operation designated for the Centre by the
Manager, unless otherwise provided for in the attached Lease. The Tenant must first receive the Landlord's
permission to reduce or extend its hours of operation.
22. If applicable, the Tenant is responsible for the maintenance of all trap seals local,-d within the Leased
Premises.
23. Tenant shall not permit smoking by its servants, agents, visitors or licensees on the Premises or
elsewhere in the Building other than in an establishment where smoking is specifically permitted, or outside the
Building within five (5) metres or sixteen (1 b) feet of any entrance at any time. Tenant shall take all necessary
steps to ensure that its servants, agents. visitors or licensees, are aware of By -Law Number M -117, rI By-Law
Respecting Smoking in lndom- Public Placev in the City of 'Suint John and respect its provisions insofar as
smoking is concerned.
24. The Tenant agrees that the rules and regulations herein above stipulated and such other and further
rules and regulations as the Landlord may make and communicate to the Tenant, being in its judgement needed
for the reputation, safety, care or cleanliness of the Centre and the Leased Premises, or the operation,
maintenance or protection of the Centre and its equipment, or the comfort of tenants, shall be faithfully observed
and performed by the Tenant, and by its clerks, employees, agents, visitors and licensees. The Landlord shall
have the right to change rules and to waive in writing any or all of the rules in respect of any one or more tenants,
and the Landlord shall not be responsible to the Tenant for the non - observance or violation of any of said rules
and regulations by any other tenant or other person.
Homan Development Council 77A January 2014
30
Landlord Tenant
Inittats Initials
City of Saint John
15 Market Square,
Saint John, NB
Dear Sir/Madam,
Au"S
_M
UNBSJ
African Caribbean Society, UNBSJ
100, Tucker Park Road,
Saint John, NB
Monday, 01 December, 2014
LETTER OF SPONSORSHIP FOR ANNUAL AFRICAN CARRIBEAN EVENT
I am writing to you on behalf of the African Caribbean Society, UNBSJ to request sponsorship for our annual
largescale event. ACS has hosted successful events in previous years but this year's event, "Afro Fusion ", promises to
surpass the previous ones as it will be a full - fledged theatre production hosted for the first time in the most beautiful and
historic venue in Atlantic Canada, The Imperial Theatre. As always, our event aims at showcasing the richness embedded
in African and Caribbean cultures through regaling elements of music, dance, theatre, fashion, food, and so on.
Afro Fusion is to be held on the 7' of March 2015, and we expect to have about 400 guests in attendance. We
would be extremely grateful should our request be favorably considered and you decide to sponsor our event. We believe
that you will provide valuable support for this program. Our budget breakdown is as follows:
ITEM
PRICE
Food & Drinks
$7,000
Venue
$1,500
Printing & Advertising
$600
Performance Expenses
$500
Prizes & Giveaways
$500
Decorations
$400
TOTAL
$10,500
Sponsorship (donations) could take such forms as financial support, donation of gift cards or items to include in
gift bags, and so on. Your support would be greatly appreciated, and in return your generosity will be acknowledged
during the event as well as on the event tickets, posters and other forms of advertising.
If you ; your organization would like to sponsor this year's event, please contact me via email; ssalaam, 7r,unb _ca
Thank you for your time and consideration.
Sincerely,
Sherif Salaam
Olaoluwa Sobodu
Secret African Caribbean Society President African Caribbean Society
100 Tucker Park Road, Saint John, NB E21, 4L5 (506) 721 -2237 (506) 609 -9828 acs_unbsjCaoutlook.com
31
A V S A��N
soar
U N B S J
African Caribbean Society, UNBSJ
100, Tucker Park Road,
Saint John, NB
LEVELS OF SPONSORSHIP FOR ANNUAL AFRICAN CARRIBEAN EVENT
Please find the details of this year's sponsorship levels listed below:
$1,500 and above: Diamond level sponsorship (Company logo on event program, poster and flyers,
special recognition during event and six free VIP tickets)
• $1,000 - $1,499: Gold level sponsorship (Company logo on event program, poster, and four free YIP
tickets)
q $500 - $999: Silver level sponsorship (Company logo on poster, and two free YIP tickets)
• $499 and below: Bronze level sponsorship (Recognition during the event and two free regular tickets)
Please note that non - monetary donors will be included in Bronze level sponsorship.
100 Tucker Park Road, Saint John, NB EM 4L5 (506) 721 -2237
32
(506) 609 -9828 acs_unbsj @outlook.com
30 Vaughan Drive
Nauwigewauk, NB E5N bV 1
December 11, 2014
Mayor and Council:
This letter concerns the unkempt taxis that continue to operate in the Saint John area. During the
late evening of 8 December, I arrived in Saint John on an Air Canada flight. Once baggage was
claimed, I noted one van outside of the airport in the designated area from the Diamond
Company. It was the only vehicle that met this flight. The driver, somewhat unkempt, asked that
I get in his vehicle and I noted that another couple was already on the inside. I sat next to the
driver. The vehicle (van) was in an unclean and "tired" condition. Shared price to the Delta
hotel was $20.
On 9 December, I took a taxi from the Delta hotel to the airport for a midday departure. This
vehicle was unkempt and soiled. I suspected its mechanical condition as well (worn shocks and
poor brakes). The driver was also unkempt. There were no other passengers and I was charged
$30. I have observed upon this situation some time ago and it would appear that the control
regime/licensing in the Saint John area is rather poorly supervised. Such is not experienced in
other cities in Canada and the USA. What is most disturbing is that visitors to our city gain their
first impressions while being conveyed in these "tired" and dirty vehicles. Someone should take
charge of this issue. It is difficult enough to attract business to the city but this circumstance
certainly is a negative to that process.
LWF Cuppens
Lieutenant - General (retired)
33
December 15, 2015
We Are Passengers
c/o 517 Charles Street West
Saint John, NB
E2M 3S8
Mayor Mel Norton and
Members of Common Council
P.O. 1971
Saint John, NB
E2L 4L1
Dear Mayor Norton and Common Council:
At a meeting of We Are Passengers on December 13, 2014, a motion was
passed to express to you our concerns that Saint John Transit will be making
cuts to routes and increase fares. We realize that Common Council wants to
ensure that Saint John Transit is run with a lower operating cost. However,
to cut service and increase fares will mean fewer ridership which will have a
downward spiraling effect. Public transportation is necessary to any city but
especially to Saint John where the area is large, the percentage of low income
people is high and the percentage of seniors, who make up a large portion of
bus users, is higher than the national average and will greatly increase as the
senior population rapidly increases.
It was noted that on December 13, the day Halifax opened its new library,
there was free bus transportation for all passengers having a Halifax library
card. Perhaps incentives such as this could increase ridership and hence
revenue. A contest for Saint John residents to give ideas for increasing
ridership might yield positive results. It is certainly worth a try.
Sincerely,
Linda Nickerson
Secretary
We Are Passengers
c.c. Frank McCarey, General Manager, and Commissioners
Saint John Transit Commission
34
W//2015 .t
1
2015 -the Year of Women in Sport IPFO'Iyl It rd
Linda Diano
The Power in Sport
c/o lnda@thepowerinsport.com cell. 604 - 219 -5001
December 18, 2014
Dear Mayor & Council,
It ... POWER-SPORT
Thank you again for your proclamation "2015 - The Year of Women in Sport!"
Please accept these comments as submitted to our website leading up to the December 15th City of
Saint John Council meeting.
The comments below are also available at htt // thepowerinsport.com/saintiohnevent
Please contact us if you have any comments or questions.
We are always delighted to hear from you.
Regards,
Linda Diano
lnda @thepowerinsport.com
cell. 604 - 219 -5001
Letter to The City of Saint John _Comments submission for Dec 15 2014 proclamation.docx
35
Comments regarding the City of Saint John's Proclamation "2015 - The Year of
Women in Sport!"
Linda Diano The Power in
Sport
I am pleased that the City of Saint John, New Brunswick is taking the lead on
the East Coast and making this important declaration.
Heather AN B, soccer
Everything. Without our sports we would lack self esteem. Soccer is the
Madeleine NB, fundy
best thing that happened to my daughters and 1. It is our sports family that
and Skylar soccer
lifted us through all circumstances.. We love the game..
Shara Betts- Soccer New
Women should have the same funding and opportunities as men do in
Burnham Brunswick and
sport. We need a field house built in Saint John so our female soccer players
Fundy Soccer
can train all year. At the provincial level our female soccer players do not
have the opportunities to train at home like Moncton and Fredericton.
Moncton and Fredericton players can train in the morning before school,
after school and every weekend through out the year as they have the
facilities. Saint John female athletes do not. They struggle to find fields and
gym time as school sports take priority.
Please build a field house so that our female players can achieve their
dreams of playing at the provincial level as well as the Canada Summer
Games and World Cup.
Joyce Hebert soccer What does the declaration "2015- The Year of Women in Sport mean to me.
Women in sport are being recognized as players. With this declaration we
should get the tools and funding to allow us to have the best Year for
Women in Sport in our Community.
When Saint John builds the Soccer Dome it will give more girls a chance to
be involved in sports. I hope that this declaration means we will give them
the tools that they need to be the best they can be, lets get more women
playing sports lets give them the tools they need to play!! (Soccer Dome).
I would like to see Saint John commit to a soccer Dome For our Soccer
players. Soccer is one of the most played sport games in Canada.
Our girls and women in this community that take part in sports are not
only athletically fit they are among the top scholars in the country. They are
playing in National events, being invited to play in Canada and neighbouring
countries because of there academic and athletic abilities. We have players
being accepted into University on academic scholarship because sport keeps
them on track academically and keeps them in shape. With a dome it will
allow us to grow our soccer community and allow more girls to stay
physically fit and take part in sport, be part of a team. It will allow our High
Performance Soccer players to have a place to train in the winter, with
better training it will allow our players opportunity compete at the level
needed. It will give them the same playing ground as most of the other
cities already have. Sports give players confidence and leadership skills. Let
give them the tools to build their skills. And be the best women in sport, Lets
build them a Soccer Dome! I I
Letter to The City of Saint John _Comments submission for Dec 15 2014 proclamation.docx
36
Heather Saint John Sports were an important part of my youth and continue to be a part of my
Soccer Club adult life.
Heath Lunney Fundy Soccer this is an incredible initiative that recognizes the importance of sport in
enriching the lives of our young women.
As a long term coach of young female soccer players, I see every day how
organized sport provides positive development for young women, both as
athletes and as young citizens of our communities. Being part of a team
provides many wonderful life lessons that empower young females and
develop future leaders.
Thank you for your careful consideration on the matter.
Emily Albert
Letter to The City of Saint John _Comments submission for Dec 15 2014 proclamation.docx
37
A further benefit is the many wonderful friendships that I see occur, and
these friendships transcend beyond soccer and continue after the girls have
left their respective teams. Being part of the "Fundy Soccer Club" in stills a
sense of pride in these girls and pro
maddie fundy soccer
Confidence and strength. All things positive.
heather and soccer nb anb
sky
Barry UNB AINT
Women In Sport
JOHN
SEAWOLVES
This is Fabulous news , sports does so much to empower and create good
FOOTBALL
mental and physical health .lit improves learning as the brain needs the
TEAM
body moving to release the endorphins that help us learn and focus. Sports
build community.Sports is a great equalizer.) have spent 43 years coaching
and organizing, much of that time coaching young ladies in soccer, hockey
and football . It was a great experience to watch young women grow and
learn and feel confident about themselves.
Sincerely, Barry Ogden, President , UNB Saint John Seawolves Football team
Emily Fundy soccer
There is much attention and resources provided to men's sports, I feel the
Association
time has come to achnowledge the efforts of women in sports. I am a young
lady who loves to play soccer and dream of playing for a university or great
competition some day. By providing a dome to play all seasons may help
me and others like myself to achieve those endeavors.
Thank you for your careful consideration on the matter.
Emily Albert
Letter to The City of Saint John _Comments submission for Dec 15 2014 proclamation.docx
37
Erin Fundy Soccer The city of Saint John needs to support the soccer players in the surrounding
area. Both Moncton and Fredericton already have indoor facilities , as well
as Nigadoo! Why don't we ? ? ?? We desperately need and deserve this
facility.
Julie Fundy Soccer It means that women in sports are right up there with the men these days. It
Assoc. means that it is very important for our cities to provide the facilities our
organizations need to keep our athletes developing and competing
especially within Canada. We hope you vote unanimously for an indoor turf
dome for Saint John to help our soccer athletes compete and further their
development. Moncton and Fredericton have them and host many
tournaments and development clinics there so there is no reason we
shouldnt have one. Thank you.
Letter to The City of Saint John _Comments submission for Dec 15 2014 proclamation.docx
38
BY -LAW NUMBER M -23
A BY -LAW TO AMEND
A BY -LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
1 A by -law of The City of Saint John
entitled, "A By -law Respecting The
Stopping Up and Closing of Highways in
The City of Saint John ", enacted on the
nineteenth day of December, A.D. 2005, is
hereby amended by adding thereto Section
238 immediately after Section 237 thereof,
as follows:
238 The City of Saint John does hereby
stop up and close permanently the
following highway:
SEARS STREET: In its entirety, a public
street in the City of Saint John in the
County of Saint John and Province of New
Brunswick, as shown on a Plan of Survey
titled, "Plan of Survey Showing Sears
Street, City of Saint John, Saint John
County, N. B, prepared by Kierstead
Quigley and Roberts Ltd. and dated
September 15, 2014 attached hereto.
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/Maire
ARRETE No M -23
ARRETE MODIFIANT
L'ARRETE SUR VINTERRUPTION
DE LA CIRCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
1 Par les presentes, Parretti de The
City of Saint John intitule, « L'arrU6 sur
Pinterruption de la circulation et la
fermeture des routes dans The City of Saint
John», decrete le 19 decembre 2005, est
modifie par Pajout de Particle 238
immddiatement apres Particle 237, comme
suit :
238 Par les presentes, The City of Saint
John barre et ferme de faron permanente la
route suivante :
RUE SEARS: L'integralite dune rue
pubiique dans The City of Saint John,
comte de Saint John, daps la province du
Nouveau - Brunswick, comme le montre le
plan d'arpentage intitule o Plan d'arpentage
indiquant la rue Sears, City of Saint John,
comte de Saint John, Nouveau -
Brunswick », prdpare par Kierstead
Quigley and Roberts Ltd. et date du
15 septembre 2014, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrdte le * * ** * * * ** 2014,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading Premiere lecture -
Second Reading Deuxieme lecture
Third Reading Troisieme lecture -
39
'D
N.B. Grid Co— ordinate Values (Adj)
[late des enflil €es g61dig1Ms du N.B. (iijust€ NBtwA)
Po1M
Easting/Eet
Narthing/Nard
Monument
46
25329[8.652
738442 ?.121
SMS
47
2653074,019
7384403.035
SMS
48
2533077.229
7304417.727
SMS
599
2532969.883
7384437.039
SMS
1969
25335110.919
7364165.272
NBGd Ad1
3863
2933373.769
1
7564439.766
NBGA Adj
3867
2532919.018
7364556.264
NBCM AdJ
Scale Factor . 1.000019
F9ataur d'6chelle combill uollat 1.D00018
L* SWI
SMF - Standarl survey marker found
Beane rd survey uniforms imuvia
f' 51.05 - Standard 4' survey marker set
Some Calculated point
uniforms pWc6e
O CAL[ - Cnlaul do polo
Poles de montal au l6
A NBCIJ - N.B. eet d rfi monument
Mmumea du .Point giodiepue du N.B.
C.C, . C Radius d Point / point tle rayon
C.C. - Contra do la murba
ra, - Square ebifi / Maltral eorr6s
PIO � PoroM Identifier number
Nm - Num6ro did- tiflm8an de la purcelle
AdJ - Adjusted neteork
A.N.B.L.S, - Associntlon of N.B. Land Surmyore
A.A-GA -B. - Aaaeeiation des Arpenteurs- G6omilms
du Nouvmu- Brunswick
Tabulated ca- ordinate reference
E Rep6re de eourdonnL4 ca l6
1711E DATA / D011 BE TW
-3 Dau,, me, m Th1 e Ca o27, a
Jo
(ranter. Sobey s Stores Limited
Documont 168236, Volume 333, page 578
Ragiet.wd: 1958- •08118
2rdialsat s (File 13, No. 7)
Grantee: The City of Saint John
Grantor. Lucy Gertrude Wart Countess daBury Estate
Document 99644, Volume 151, Page 624
Registered: 1920 -09 -25
Document 3 (File 27. No. 220)
Grantee: The City of Saint John
0.ntar. 51-1 sm8 -Score 1;mlked
Document 157452, Vnlums 338, Page 226
fdegistill 1956 -10 -23
Plan no 3B Delaney
Plan File ,
PID /N10 373444
Paul F. Shaw
Gail P. lianrilton �_
Lat t' Qi /
Plan File j
RE
y
6
A. I
6
�lips E
' L
`,�` Sfreet
rue Visart Street
`1.
Sobey Leased —.
PropertiGx Ijmbd
FID/W 3716M
Sobey Leased Properties Limited
Lot 'C' - Plan file 50, N. 24
p10/NID 371591
Sae Plan of Sol dated Jonuory 13,1986 (Murdoch- L)nglay OaN-- 58 -66 -C)
Voir plan d'arpelRage dote Jo or 53, 1986 (Murdoch- Lingley OON- 88 -86 -C)
t
O
v
'C s
r3 y0
m =
Z o
Plazacorp Property Holdings Inc.
Pia. File 27, No. 92
Pill 370973
See Plan of Sumay dated February 24, 1988 (Murdoch- LingWy DON -88 -570)
Vol, le plan d'arpe,Mage an data du 24 favder. 19113 (Murdoch- Lingley 06N- BO -57D)
Soo Topogrophlc Plan prepared by Ki.ml auTgWy and Roberta Ltd. (Dwg. N. D-008)
Voir le plan topogrephlgaa pr6pa erek
rb par 10eed au1gia at Roberts Ltd. (Deg. No. D -OBO)
See Plan by Hughes Sul d< C—olt ae Inc. doted Fall 23, 1990 (Job 90- D79 -R)
Vail le plan par Hughes Surveys & Consultants Inc. an dote du 23 fheisr, 1990 (Job 90-079-R)
,p
Np. 201177
9 0
q.
a
0
Key Plan / Carte de Rdfdrence
Scale / Eahelle, - 1:15ACO
NOTE4
1. Azimuths and Co- ardinate wluw refer to the
MEW BRUNSWICK GRID CO- ORDNATE SYSTEM
(Adjaeted Network) d were derhred from the
6ghukted New and Cow- ordinals Monuments
aing Globe' Po aitioninq System Technology.
Computallons performed end cs- arSnot" -ruse
shown are hosed an the New Brunswick
9kereogrepMe Double Projection and the NAD&'i
([SRS) ell.
Les carmine, opordanniles at cakvle mantrfia our
ra pan a ha"s r h proJscuon abirfolimphrqu.
double du Nouveau- Bmrrawick et 1'6111pm1de
NAD53(CSRS)o llee qua tl6hrt.ini® par tea
oardonn6ea Jaeta s dal monuments giedieiquee
tle Seek. Nouveau -Bn nI lNck.
2. Azlmuthe are rounded to D. .comet 10 seconds.
Las a Mut. at aml au 10 —M. le plu, ra .
3. Wstances am In metres and are rounded W the
ne e
Lee distanc es s ent an mHrea at arrondiea ov
aentinil Is plus pl
4. Londe denit with by this plan are
bounded thus
LA r6gion al set monde einel
5. Padpherol iaormatlon nd a adjacent names were
derived from wdnus noun. and shoo d be -rifle:.
L'informotlon p6dpphfirl " full eampl6e de aaurees
dWerses at devreit 31re ulldriie.
6. A11 plane and documents referenced are necorded
In the Saint John County Registry Orr— or in the
Land T9fas Office far the Dial of New Brunswick.
Two Ms plans at documents indil son
d6Pos6s o.r m u d'enregletre —rit du comb de
5amk -John au du TNre Fancier de h Province du
Nauveuu-Brummick.
Plan of Survey
Plan d'arpentage
Showing Sears Street
Mmontrant rue Sears
City of Saint John
Ville de Saint John
Saint John County. N.B.
Comte de Saint John, N.B.
smie - 1:500
r 7 KIERSTEAD QUIGLEY
L d and ROBERTS-Ltd.
_Sl John, New EIgmu ylok
Dated: � T•.
September 15, 2014 "�„�I.c�i
15 asptemhre 2014 e ,
Dossier no. 14 -0066 11 5w -Ary JN456
.01-f re 394. pane 39 -
STREET CLOSING
SEARSSTREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending "A By -law Respecting The
Stopping Up and Closing of Highways In The
City of Saint John," at its regular meeting to be
held on Monday, December 22, 2014 at 6:30
p.m. to stop up and close the following
highway:
SEARS STREET : In its entirety, a public
street in the City of Saint John in the County of
Saint John and Province of New Brunswick, as
shown on a Plan of Survey titled, "Plan of
Survey Showing Sears Street, City of Saint
John, Saint John County, N. B, prepared by
Kierstead Quigley and Roberts Ltd. and dated
September 15, 2014 attached hereto.
(INSERT PLAN)
The proposed amendment and plan of the
above described highway may be inspected by
any interested person at the office of the
Common Clerk, City Hall, 15 Market Square,
Saint John, N.B. between the hours of 8:30
a.m. and 4:30 p.m. Monday to Friday inclusive,
holidays excepted.
Written objections to the proposed amendment
may be sent to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of
the Common Clerk at 658 -2862.
41
FERMETURE DE RUE
RUE SEARS :
Par les presentes, un avis public est donne par
lequel le conseil communal de The City of
Saint John indique son intention de modifier
N Arrdte sur Pinterruption de la circulation et
la fermeture des routes daps The City of Saint
John >> lors de la rdunion ordinaire qui se
tiendra le lundi 22 decembre 2014 a 18 h 30
afin d'interrompre la circulation et de fermer la
rue suivante :
RUE SEARS : L'integralite dune rue publique
dans The City of Saint John, comte de
Saint John, daps la province du Nouveau -
Brunswick, comme le montre le plan
d'arpentage intituld o Plan d'arpentage
indiquant la rue Sears, City of Saint John,
comte de Saint John, Nouveau - Brunswick »,
prepare par Kierstead Quigley and Roberts Ltd.
et date du 15 septembre 2014, ci joint.
(INSERER LE PLAN)
Toute personne interessee peut examiner le
projet de modification et le plan de la route
decrits ci- dessus au bureau de la greffiere
communale a l'h6tel de ville au 15, Market
Square, a Saint John, au Nouveau - Brunswick,
entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours fdrids.
Veuillez faire part de vos objections au projet
de modification par ecrit a 1'attention de la
soussignee a 116tel de ville.
Si vous souhaitez des services en franrais pour
une rdunion du conseil communal, veuillez
communiquer aver le bureau de la greff.6re
communale au 658 -2862.
Presentation to Common Council
December 22, 2014
Jody Kliffer, Growth and Community Development Services
42
rA
• To rezone the subject property from "RS -1M" One and Two Family
Mobile Home Suburban Residential to "R -4" Four Family Residential in
order to align the existing land use with the proper zoning category.
Subject Site: Front Yard & Driveway
Rear Yard & Garage
Growth and Community Development Services 43 December 22, 2014
SAINT JOHN
I
• The subject site is located on Eldersley Avenue in the east
side of the City.
• The area surrounding the subject site is characterised by
unserviced low density residential development surrounded
by forest.
• The subject property has an area of approximately 1,790
square metres, with a lot frontage of approximately 31
metres.
• The lot contains a large gravel driveway that extends into
two parking areas.
Growth and Community Development Services 44 December 22, 2014
SAINT JOHN
Growth and Community Development Services 45 December 22, 2014
SAINT JOHN
I
Designated Rural Residential:
• This area is designated Rural Residential.
• The intent of this land use designation is to acknowledge the
existing low density residential character in the unserviced
areas of the City.
• The Plan does not contemplate an increase in density or
growth in these areas over the 25 year lifespan of the
Municipal Plan
f.1
Growth and Community Development Services 46 December 22, 2014
SAINT JOHN
• Public Notification
- Approximately 13 letters sent to landowners in vicinity of site
- Advertisement in Telegraph Journal - Tuesday November 25, 2014
- Two letters were received in favour of the proposed rezoning
601-i-
Growth and Community Development Services 47 December 22, 2014
SAINT JOHN
That the application be denied.
Growth and Community Development Services 48 December 22, 2014
SAINT JOHN
I
That Common Council rezone a parcel of land having an area
of approximately 1786 square metres, located at 431 Eldersley
Avenue, also identified as PID number 00335513, from Rural
Residential (RR) to Low -Rise Residential (RL), subject to the
following Section 39 condition:
• That the rezoning of the subject property be limited to the
existing three -unit dwelling.
Growth and Community Development Services 49 December 22, 2014
SAINT JOHN
Planning
Advisory Committee
December 12, 2014
Your Worship and Councillors:
SUBJECT: Proposed Rezoning
431 Eldersley Avenue
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
On November 17, 2014 Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at its December 9, 2014 meeting.
Jaclyn Carr, the applicant, and Bradley Doucet, her partner, were in attendance at
the meeting. Mr. Doucet addressed the Committee and stated that he and Ms. Carr
were not in favour of staff recommendation. Mr. Doucet stated that when Ms.
Carr purchased the property in 2013, she was not aware that the existing three -
unit dwelling was not supported by the residential zone of the property. Mr.
Doucet explained that the issue was brought to their attention after a site
inspection was conducted by Inspection and Permitting Services. Mr. Doucet
stated that Inspection and Permitting Services was contacted by a previous tenant
who had a personal conflict with the couple.
Mr. Doucet explained that they would likely be unable to afford their mortgage
payments if the third unit was eliminated from the dwelling.
The Committee asked Mr. Doucet if the Real Estate agents or lawyers involved
through the purchase and sale of the property had mentioned that the zoning did
not allow more than two units. Mr. Doucet stated that nobody had mentioned that
the zoning was inappropriate, and that they would have had it rezoned prior to
purchasing it.
The Committee asked Mr. Doucet if there have been any problems relating to
water supply or the septic field since they moved in. Mr. Doucet stated that there
have been no problems, and they do not anticipate any problems as the dwelling
has three units and no more people living in it than would typically occupy a two -
unit dwelling.
The Committee asked Mr. Doucet if they had spoken with any of their neighbours
about the proposed rezoning. Mr. Doucet explained that he contacted a few
neighbours, including the neighbour who originally submitted a letter expressing
50
-2-
concern regarding the proposed rezoning. Since speaking with Mr. Doucet, the
neighbour no longer has any concerns with the application, and has submitted a
follow -up letter to this effect, which staff received on December 6, 2014.
The Committee asked staff what zone the property would be in the new Zoning
Bylaw if it were rezoned to accommodate three units. Staff responded that the "R-
4" Four Family Residential would become "RL" Low -Rise Residential in the new
Zoning Bylaw, which would allow up to a maximum of six units. The Committee
asked if a condition could be placed on the rezoning of the property to restrict it to
the existing three units. Staff responded that if it is the wish of the Committee to
recommend approval for the rezoning, they could indeed recommend that Council
make the rezoning of the property subject to a Section 39 condition limiting the
number of units to the existing three units.
After considering the report, the letters received (attached), and comments made
by the applicant, the Committee recommended approval of the rezoning of the
property, subject to the condition set out below.
RECOMMENDATION:
That Common Council rezone a parcel of land having an area of
approximately 1786 square metres, located at 431 Eldersley Avenue, also
identified as PID No. 00335513, from Rural Residential (RR) to Low -
Rise Residential (RL).
2. That, pursuant to Section 39 of the Community Planning Act, the
development and use of the parcel of land with an area of approximately
1786 square metres, located at 431 Eldersley Avenue, also identified as
being PID No. 00335513, is limited to the existing three -unit dwelling.
Respectfully sub 'in,
o gan Igan
Chair
E
JK
Project No. 14 -532
51
rry
Date:
To:
From:
SUBJECT
December 5, 2014
Planning Advisory Committee
Community Planning and Development
Growth and Community Development
Applicant: Jaclyn Carr
Owner: Jaclyn Carr
Location: 431 Eldersley Avenue
Existing Designation: Rural Residential
Existing Zoning: "RS -1M" One and Two Family and Mobile Home
Suburban Residential
Proposed Zoning: "R -4" Four Family Residential
Application Type: Zoning Bylaw Amendment
Power of Committee: The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By -law. The Committee
recommendation will be considered by Common Council at a
public hearing on Monday, December 22, 2014.
SUMMARY
The applicant is seeking to rezone the subject property from "RS -1M" One and Two Family
and Mobile Home Suburban Residential to "R -4" Four Family Residential in order to align
the existing use of the property as a three -unit dwelling with the appropriate zone. The
applicant purchased the subject property in 2013, but was unaware that the zoning of the
property did not permit more than two units. This issue was brought to her attention by
Building and Inspection Services staff as a result of a site inspection. Increasing the
residential density by permitting more than two units in this area of the City does not
Applicant: Jaclyn Carrl Location: 431 Eldersley Aven85 Page I 1
conform to the direction offered by the Municipal Plan. As such, staff recommend that the
application be denied.
RECOMMENDATION
That the application be denied.
DECISION HISTORY
There are no previous planning applications or decisions for the subject property relevant to
this application.
ANALYSIS
Site and Surrounding Area
The subject site is located on Eldersley Avenue in the east side of the City. The area
surrounding the subject site is characterised by unserviced low density residential
development surrounded by forest. The subject site is approximately 26 metres from the
intersection of Eldersley Avenue and Pipe Line Road East, and approximately 1,200 metres
from both Loch Lomond Road to the north and Latimore Lake Road to the south.
The subject property has an area of approximately 1,790 square metres, with a lot frontage
of approximately 31 metres. The lot contains a large gravel driveway that extends into two
parking areas: one in the rear yard of the dwelling as well as a generous parking area in the
front yard of the dwelling. The property contains a three -unit dwelling with a detached
garage in the rear yard that has an area of approximately S3 square metres. Two of the three
units are located in the basement of the dwelling, while a single unit occupied by the owners
is located on the main floor. The applicant has indicated that the septic field is located in the
rear yard of the property, in the area generally abutting the northern property line.
Proposal
The applicant is seeking to rezone the subject site from "RS -1M" One and Two Family and
Mobile Home Suburban Residential to "R -4" Four Family Residential. The purpose of the
proposed rezoning is to align the zoning of the property with the existing use of the lot as a
three -unit dwelling. The applicant has indicated that the subject dwelling has contained
three units for more than a decade, and that she was unaware that the number of units was
in conflict with the provisions of the Zoning Bylaw when she purchased the property in
2013.
The current application came about as a result of an enforcement issue that was brought to
the attention of the Building and Inspection Services department by a previous tenant of the
dwelling. The applicant was advised at the time of the building inspection that there was an
issue relating to a fire separation between the existing laundry room and two adjacent
Applicant: Jaclyn Carrl Location: 431 Eldersley Ave6ige page 12
bedrooms, which required the installation of fire -grade doors. However, prior to installing
the required doors, the area inspector advised the applicant to consult with the Planning
department as the number of units in the dwelling did not conform to the zoning of the
property.
Municipal Plan
The subject lot is located in the Rural Residential designation on Schedule B of the City's
Municipal Plan. The Plan states that "the Rural Residential Area designation applies to those
lands which accommodate existing or approved low- density residential development ". The
Plan does not explicitly state that the rural areas are intended exclusively for low density
residential land uses; however, the general direction offered by the Plan does suggest that
higher density residential dwellings should be located in the serviced area of the City. The
rural areas are more characterised by large properties, lower residential density thresholds
and greater resource -based economic activity.
Zoning
The existing "RS -1M" zone allows for a maximum of two residential units. The subject
property is located in the "RR" Rural Residential zone in the draft Zoning Bylaw, which also
permits a maximum of two units.
The "RS -1M" zone is designed for the unserviced area of the City where an on -site well and a
septic field are required for any residential development. In order to accommodate these on-
site services, the minimum lot size for a one or two -unit dwelling is 5,350 square metres.
The lot size requirement is equivalent to the standards established by the Province of New
Brunswick for properties containing on -site well water and septic fields.
The size of the subject lot is approximately 1,786 square metres, which is three times
smaller than the above - mentioned lot size requirement for the "RS -1M" zone. Although the
size of the property would more than adequately satisfy the requirements for the "R -4" Four
Family Residential zone, it should be noted that the "R -4" zone is intended for the urban area
of the City where properties are serviced with municipal water and sewage services.
Discussion
The rural experience in the remote areas of the City is characterised by low density
residential patterns, which typically involve single -unit dwellings, but may also include a
maximum of two -unit dwellings in some areas. The lot sizes tend to be much larger than the
urban area, while the surrounding environment generally includes large tracts of forested
land, as well as other natural features. The intention of the Municipal Plan is to retain the
low - density character of properties found in the Rural Residential designation on Scheduled
B of the City's Municipal Plan, and preserve the rural lifestyle enjoyed by the residents who
choose to live there.
A multi -unit dwelling is inconsistent with the rural residential character of these areas. The
lands located within the Rural Residential designation are intended for low- density
residential forms, and are not envisioned to experience significant growth or increased
density over the projected 25 year lifespan of the Plan. Establishing a multi -unit dwelling
Applicant: Jaclyn Carr I Location: 431 Eldersley Ave@* Page 13
within the residential mix of these areas is therefore not supported by the Municipal Plan.
Further, allowing multi -unit dwellings to be established in the rural areas of the City sets a
precedent that could, over time, result in a greater number of people living in remote parts
of the City. This could create challenges in increasing the density of neighbourhoods inside
the Primary Development Area (PDA), where multi -unit zones are meant to be located.
The Plan states that Common Council should promote residential development that reflects
an efficient use of land and infrastructure, and that positively contributes to the character or
anticipated evolution of a neighbourhood. A three -unit dwelling on Eldersley Avenue is not
consistent with the existing character of the surrounding neighbourhood, nor is it adding
density in areas of the City where infrastructural investments have been made. Chapter 5 of
the City's Municipal Plan, "Neighbourhood and Housing ", contains the following goal:
"Promote building designs and densities for new housing which efficiently use land,
resources, infrastructure and public facilities, and support and contribute to safe, vibrant
and pedestrian - friendly streetscapes and neighbourhoods."
The subject area of the City has no water or sewerage services, no transit service and no
sidewalks. As such, staff would advise that increasing the number of residential units in this
area of the City would not be capitalising on existing investments or positively contributing
to the surrounding neighbourhood. For this reason, staff is recommending that the
application be denied.
Conclusion
The applicant is seeking to rezone the subject property to align the existing three -unit
dwelling with the appropriate zone. However, a three or four unit dwelling is not an
appropriate use for this area of the City. The third unit was established without proper
approvals and should be removed. The City's Municipal Plan does not contemplate
increased residential density in this area of the City; as such, staff are recommending that
the application be denied.
Applicant: Jaclyn Carry Location: 431 Eldersley Ave56 Page 14
ENGAGEMENT
Public - In accordance with the Committee's Rules of Procedure, notification of the proposal
was sent to landowners within 100 metres of the subject site on November 20, 2014.
SIGNATURES AND CONTACT
Prepared by:
d CIP, RPP
Planner
Contact: Jody Kliffer
Tel: (506)632 -6846
Fax: (506)658 -2837
E -mail: jody.kliffer@saintjohn.ca
Project: 14 -532
Approved by:
Stacey Forfar, MCIP, RPP
Deputy Commissioner, Community
Planning and Enrichment
Applicant: Jaclyn Cara Location: 431 Eldersley Averu36 Page 15
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Submission 1: Site Plan
Applicant: Jaclyn Carry Location: 431 Eldersley Avepe Page 16
Map 1 - Site Location
431 Eldersley Avenue
Date: November 7, 2014
The Cav of SaErfl lnikn
f4
a�
! �e
ova.
C',
V
c;
o4
i
a`
Fia _
�°r
S,Oy
�a
.4 AID .
Cl
.O
�441le Rd.. E.
F Lt t --ure Lau A - Use
JUM&
M
431 Eldersley Avenue
Date: November 18, 2014
7U- City of Saint john
far a�rtF Pin ,I A Y.-
Part
Eflff Iffafurall
Arch
fifizal
Primary Development Area [PDA) 'I
CO
Q
Uj
ur
0
Eff'ral
Resource
JTHFOI
ff'swict,
part 179,ff
NatarslArea
IF, Mfg/
4 Map 3 - Zoning
431 Eldersley Avenue
Date: November 18, 2014
TIK City of Saint Sohn
RR
pipe �rNF RO
RS -1
•I
RR
RS -1 Q
w
cu
o.
J
cu
BS -1M
INN "One family R U ra i R e s i d e ft a l
INS -1"0Ue and Tejo ,f'amiip.iUburbon ResideUtio
"NS 1M" OneandTwuf ami4yandlllubiJeHemeSuburbanResidentia/
i
Site Photography
431 Eldersley Avenue
Date: December 1, 2014
TlxC Cite of Saint 1011n
Photo 1: Front Yard
Photo 2: Back Deck and Driveway
Photo 3: Bacy d and Shed
Si
62
Photo 4: Driveway Leading to Eldersley Ave
r
Ti\
63
Q31)
23,
CD-
LL
Ti\
63
Q31)
23,
CD-
WPM -
14-
1 LA
rA t�.
64
C
Lockhart, Lynda
From:
External - Planning
Sent:
November -26 -14 8:39 AM
To:
Kliffer, Jody
Cc:
Lockhart, Lynda
Subject:
FW: Proposed Rezoning 431 Eldersley Avenue
Importance: High
From: susan maber michaud [ mailto :susanmichaudl@hotmail.com]
Sent: November -25 -14 4:26 PM
To: External - Planning
Subject: Proposed Rezoning 431 Eldersley Avenue
Importance: High
I am writing concerning a letter I received dated November 20th 2014. Am I right in assuming the property in
question is now a mobile home? I have had a problem in the past with this address. We have found garbage and
junk in among the trees that backs up on to this property. Also I maybe wrong but I believe they are over the
property line with a large play set. How is it possible that this mobile home has 3 apartments in it . Also my
sister was told when approaching city hall last year that there could be no building on this area because it is on
a watershed. So l am confused on a few items. In order for me to say I would be in favor of this rezoning I
would have to have some of these issues addressed.As of now I would have to say I am
against. Sincerely, Susan Michaud
b5
Lockhart, Lynda
From:
External - Planning
Sent:
December -08 -14 8:36 AM
To:
Kliffer, Jody
Cc:
Lockhart, Lynda
Subject:
FW: proposed rezoning 431 Eldersley Ave.
From: Cindy and Wayne Coffey [mailto:shebalynnie @ hotmail.com]
Sent: December -06 -14 4:32 PM
To: External - Planning
Subject: proposed rezoning 431 Eldersley Ave.
To whom it may concern,
My husband and I live at 435 Eldersley Ave for over 16 years now, and the property at 431 Eldersley Ave has
always been a 3 resident unit. We NEVER had any problem with the past or present owners, and can't
understand what the issue would be. They are great neighbours, and we have NO problems with the zoning
proposal going through.
Thanks for your time, Cindy and Wayne Coffey
..
Lockhart, Lynda
From:
External - Planning
Sent:
December -08 -14 8:37 AM
To:
Kliffer, Jody
Cc:
Lockhart, Lynda
Subject:
FW: Proposed Rezoning 431 Eldersley Avenue
From: susan maber michaud [ mailto :susanmichaudl(a)hotmail.com]
Sent: December -06 -14 3:55 AM
To: External - Planning
Subject: RE: Proposed Rezoning 431 Eldersley Avenue
From: susanmichaudl @hotmail.com
To: bradley doucette @hotmail.com
Subject: RE: Proposed Rezoning 431 Eldersley Avenue
Date: Sat, 6 Dec 2014 03:50:53 -0400
Thank you for addressing a few of our concerns . We have had more than a few problems with this property in
the past , as you know from my previous letter. There is also I believe a garage or shed that was brought to
my attention that may be over the property line as well . I personally have not been up to inspect the lines for
a while. I think it is wonderful you have " cleaned" the mess up, however from my experience as a
landlord you can not guarantee what tenants do when you are not there . I am still puzzled on how three
apartments can operate on 1 well and septic. I apologize but at this point I again must stand by my original
decision. We have not any guarantee the previous problems, will not continue. I will add we have been told
by a neighbour that your dogs are also not properly tied and in a few cases they have been seen running thru
the woods . I of course have never seen this because I rarely go up to the property, but my son and his
children do.This is also a great concern to us. Is it possible you could erect a fence that borders my
property ? We have decided to take a more active approach to our property. Sincerely, Susan Michaud
From: bradley doucette @hotmail.com
To: susanmichaudl @hotmail.com
Subject: Proposed Rezoning 431 Eldersley Avenue
Date: Fri, 5 Dec 2014 14:54:51 -0400
Hello,
My name in Bradley Doucette. My girlfriend Jaclyn and I live near you at 431 Eldersley. I received your letter in
concern of the rezoning of our property and we would love to speak with you about your concerns. I see you
stated you had problems with the property at one point and I assume it was the previous owners David and
Jeanette Wheaton. We are quiet people and have not met everyone in the neighbourhood yet but we just
moved in last year. I wanted to let you know that the swing set owned by the previous owners was removed
1
67
last year when then bought the property and we have worked very hard to clean up the property from the
way it was left. In regards to the location it was previously a mobile home and has for a long time been 26x 30
house with a full basement. When we bought the location from Jeanette and David it had 2 apartments in the
basement which we were advised had been there before they bought the property. When Jaclyn bought the
property last year she was unaware that the location was not zoned for the 2 apartments in the
basement(only one). In effort to make things right for herself she applied with the city to have the zone for
this one property changed so she doesn't get forced to demolish the apartment. Though we haven't talked
I'm sure you have seen us walking our dogs as we always wave to anyone in the neighbourhood.
Please call Jaclyn or I if you want to talk more about the property. We would love to here from you.
Here is our numbers:
Brad Doucette 639 6117
Jaclyn Carr 654 2057
Sincerely,
Brad and Jaclyn
.:
Lockhart, Lynda
From: External - Planning
Sent: December -08 -14 8:36 AM
To: Kliffer, Jody
Cc: Lockhart, Lynda
Subject: FW: Eldersley Avenue Re- zoning
From: susan maber michaud [ mailto :susanmichaudiC�hotmail.com]
Sent: December -06 -14 4:53 PM
To: External - Planning
Subject: Eldersley Avenue Re- zoning
After speaking with the owners of the property at 431 Eldersley Avenue and being reassured that any
concerns we had were addressed I have decided to vote to allow them to go ahead with their apartments. If
any questions please fell free to contact me at 214- 0992..Thank you , Susan Michaud
.•
BY -LAW NUMBER C.P. 111 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the 15th day of
December, A.D. 2014, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 1786 square metres, located
at 431 Eldersley Avenue, also identified as
PID number 00335513, from Rural
Residential (RR) to Low -Rise Residential
(RL)
- all as shown on the plan 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. 2015
and signed by:
Mayor /Maine
ARRETE No C.P. I11-
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete de zonage de The City of
Saint John, decrete le 15 decembre 2014,
est modifie par:
1 La modification de 1'annexe <<A»,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 1 786 metres carres, situee au
431, avenue Eldersley, et portant le NID
00335513, de zone r6sidentielle rurale (RR)
A zone residentielle — immeubles
d'habitation bas (RL)
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2015,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading -
Premi6re lecture
Second Reading -
Deuxi6me lecture
Third Reading -
Troisieme lecture
70
Avertiser Name: Saint John Common Clerk
Avertiser Code: S71206
.ize: 4.00 x 12.25 in.
ales Rep: Doug Thomson
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 431 ELDERSLEY AVENUE
Public Notice is hereby given
that the Common Council of
The City of Saint John intends to
consider amending The City
of Saint John Zoning By -law at
its regular meeting to be held
in the Council Chamber on
Monday, December 22, 2014
at 6:30 p.m., by:
1. In the event that By -lave C.P.
110 has not been repealed,
rezoning a parcel of land having
an area of approximately 1786
square metres, located at 431
Lldersley Avenue, also identified
as PIE) No. 00335513, from
"RS -1 M" One and Two
Family and Mobile Home
Suburban Residential to "R-
4" Four Family Residential,
or
2. In the event that the City's
proposed new Zoning By -law
has been adopted, and By -law
C.P. 110 has been repealed,
rezoning the above -noted parcel
of land from Rural Residential
(RR) to Low -Rise Residential
(RL).
REASON FOR CHANGE:
To permit a three -unit dwelling.
The proposed amendment may
be inspected by any interested
person at the office of the
Common Clerk, or in the office
of Growth and Community
Development Services, City Hall,
15 Market Square, Saint John,
N.B. between the hours of 8:30
a.m. and 4:30 p.m., Monday
through Friday, inclusive,
holidays excepted.
Written objections to the
amendment may be sent to the
undersigned at City Hall.
If 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 DE
L'ARRETE SUR LE ZONAGE
OBJET: 431, AVENUE
ELDERSLEY
Par les pr6sentes, un avis public
est donn6 par lequel le Conseil
communal de The City of Saint
John indique son intention
d'6tudier la modification
suivante a I'arr6t6 Sur le zonage
de The City of Saint John, Tors
de la reunion ordinaife qui se
tiendra clans la salle du Conseil
le lundi 22 d6cembre 2014 a
18h30:
1. Dans 1'6ventualit6 ou I'arr6t6
C.P. 110 n'a pas 6t6 abrog6,
le rezonage d'une parcel le
de terrain d'une superficie
d'environ 1 786 metres carr6s,
situ6e au 431, avenue Eldersley,
et portant le NID 00335513,
de zone r6sidentieRe de
bonlieue — habitations
unifamiliales, b1familiales
et malsons mobiles « RS -1
» ii zone r6sidentlelle —
habitations de quatre
logements « R -4 », ou
2. Dans 1'6ventualit6 ou le
projet d'arr @t6 sur le zonage a
6t6 adopt6 et I'arr @t6 C.P. 110
a 6t6 abrog6, le rezonage de
la parcelle de terrain prdcit6e,
de zone r6sidemielle rurale
(RR) a zone r6sidentielle —
Immeubles d'habitation bas
(RL).
RAISON DE LA
MODIFICATION:
Permettre une habitation de
trois logements.
Toute personne int6ress6e
pout examiner le projet de
modification au bureau du
greffier communal ou au bureau
du service de la croissance et du
d6veloppement communautaire
A J'h6tel de vide situe au 15,
Market Square, a Saint John, au
Nouveau - Brunswick„ entre 8
h 30 et 16 h 30 du iundi au
vendredi, sauf les jours f6ri6s.
Veuillez faire part de vos
objections au projet de
modification par 6crit �
I'attention du soussigne a I'h6tel
de ville.
Si vous avez besoin des services
en fran4ais pour une reunion de
Conseil Communal, veuillez
contacter le bureau du greffier
communal.
Jonathan Taylor,
Greffier communal
658 -2862
HO IVI,JfTIf]er: H
Ad ID: 6999057 Ad Legacy:
Current Date: Nov 04 201 4
Start Date: 11/25/2014
End Date: 11/25/2014
Color: BAN
Client Approval
71
1 C 001+0
7431836
10:53AM
OK ❑
Corrections ❑
28 October 2014
P.O. Box 1971
Saint John, NB
E21-41-1
To whom it may concern,
I had a house inspection on 03 October 2014 with Jason Waye. He found that we needed to replace two
doors in the basement apartment to separate the laundry room and to bring it up to fire code. In
addition to the fire code regulation, I also learned that the house I purchased last June (2013) is not
properly zoned for the number of units that are in the building. There are two basement apartments as
well as a master unit on the main floor. The house was like this when I bought it. I did ask the previous
owners how long ago they renovated throughout the entire house and they stated that they had done
nothing since they bought the house - only the gardens and yard work. I am not certain, but think they
owned the house for 7 or 8 years — no further construction has been done to the house.
I called the NB Department of Health to inquire about the capacity of the septic system and whether or
not it had the capacity to maintain the sewage needs of the house where it is a 3 unit building. The NB
Department of Health could give me no information as I am unaware of the date the septic system was
installed. The receptionist informed me that all sewage fields are entered into their system by a date
rather than address. Because I am not aware of the date the septic system was installed, she could give
me no further information of its capacity. With that being said, the maximum number of people that
have lived in the house at one time has been five since I owned the building.
The 2 apartments in the basement are both 1 bedroom apartments. Therefore, the maximum amount of
people that could live in each unit would be 2 people. l live upstairs in the main unit where my
significant other also resides. The maximum number of people that will be living in this house would be
6 people. Six people is an average size household that most sewage systems can handle the waste.
I have been advised by Jason to apply for a change of use permit on Monday (06 October 2014) in order
to get the rezoning process started, and I did so on Monday, 06 October 2014.
Please let me know how else can assist in matters concerning the rezoning of the location.
Thank you for your time,
Jaclyn Carr
72
Ll TZ)
,, �,..
73
Avien�
�,7��
91
u
G � ( wng Poo)t,
.4 -
ce
H-61 �1c�2� �1� =)
Xjeout-n.
�)Lxx
74
4,4
a wl
,r
.A
4
_r
REPORT TO COMMON COUNCIL
December 19, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors,
Re; 2015 General Fund Operating Budget
n
The General Fund Operating Budget includes provision for all municipal services except water and
sewerage services and major capital expenditures. The 2015 budget proposes expenditures totalling
$151,143,354, or a 1.59 percent increase over 2014, and a stable tax rate of $1.785.
The budget will be funded from tax revenues of $118,446,651 a funding transfer from the Province of
NB in the amount of $20,935,308 and Non -tax revenues from the sale of services, fees and permits of
$11,761,395. .
Continued focus on Council's stated priorities (roads, recreation, and development), a stable tax rate,
the importance of promoting economic growth, the need to maintain and protect existing assets,
fulfilling our contractual and statutory obligations, creating a community of choice and recognizing our
finite fiscal capacity were key factors in developing the operating budget.
Revenue
Nominal growth of less than one percent in the tax base and increased reliance on provincial transfers
points to the need for a focused and deliberate effort to attract new investment to our community.
New growth creates jobs which in turn generates demand for housing and increased commercial
investment. New investment in residential and commercial real estate yields new property tax revenue
to fund needed services without increases in the tax rate.
Expenditures
A modern urban community must offer a range of amenities if it is to be successful in creating an
environment that attracts people to live, work and invest. Responsible decision making means that this
must be accomplished within the fiscal capacity of the City.
2015 General Fund Operating Budget Page 1
76
The need for restraint in a time of limited tax base growth also underscores the importance of a
balanced approach to allocating scarce financial resources. A narrow focus on one service such as fire,
police or roads to the exclusion of other community services such as parks, green spaces, arenas, arts
and culture, and community events would prove detrimental in the long -term. The question is not
which service is important but rather how much of each service is important.
Budget in Brief
The following table summarizes the major adjustments that have been made to the initial budget
submissions in order to deliver a balanced budget that responds to the full range of community needs.
Revenue Adjustment
Sale Services, Fire, Legal, Parking
$190,000
Senior Heritage Planner
Vacancy
99,600
SJIP
Reduction
30,000
Grant Pool
Reduction
126,000
Wage Cap
Limited increases /timing
460,000
Police
Reduction — Court, OT, acting
320,000
PSCC (Staffing)
Vacancies — actual costs
90,000
Roads
Cap Asphalt Increase
300,000
Winter Maintenance
Salt — Brine use
100,000
Traffic Technician
New Request
63,000
Parks Recreation
New requests — staff /reports
160,000
Mispec Park
Partnership support
25,000
SJDC
Reduction
10,000
Pension
Percentage
31,000
Fiscal Charges
Low Interest Rates
57,000
Finance
Reduction
40,000
Strategic Services
Intergovernmental Officer
127,500
Common Clerk
Reduction — Advert /Translation
5,000
Corporate Planning
Reduction
5,000
City Market
Reduction
5,000
Total
$2,244,100
Budget Highlights
Roads - An established priority, the asphalt, curb and sidewalk budget will be increased 6% to
$3,508,000 for 2015. This increased level of funding coupled with a projected decrease in the price of
materials will allow the City to meet or exceed its target of 61 lane kms of resurfacing. While retaining
an emphasis on road maintenance, the initial departmental submission has been reduced by eliminating
proposed equipment purchases, equipment rentals, golf course funding, a cost analysis study and
additional staffing.
2015 General Fund Operating Budget Page 2
77
The budget also provides for Phase II of the Transportation Master Plan which will produce a
comprehensive and integrated approach to moving goods and people in our community. The
determination of truck routes will be one of the key outcomes in this phase.
A new snow dump in the south end on the Sugar Refinery Site and contracting out street sweeping
services next summer will help to improve efficiency and allow the transfer of staff resources to other
needed on- street improvements.
Growth and Development — The implementation of PlanSJ will continue with the modernization of the
Building Bylaw and Subdivision Bylaw and introduction of a new Stormwater Bylaw. While
Neighbourhood Planning will be deferred to 2016 there will be a concerted effort at delivering the One
Stop Shop project as approved. Each of these initiatives will provide increased certainty and clarity to
the development community, reduce red tape and encourage timely development activity.
It is proposed that the City continue its overall financial commitment ($2.01VI) to the four economic
development agencies (SAP, DMO, SJWD, ESJ) given the critical need to generate new growth in the
community. The True Growth 2.0 framework will continue to serve as the strategic direction in our
coordinated development efforts. The budget also includes the incremental funding ($25K) previously
committed for the events coordinator position at the DMO and operating funding for the Trade and
Convention Centre.
The proposal to bring the development agencies under one umbrella organization offers real potential.
It is important however that clear outcomes be identified at the outset of the exercise and that
demonstrable benefits be identified. Simply put, a $2.01VI annual investment in economic development
efforts should yield real returns to the community or the funds should be redirected to other needs.
Recreation— Recreational opportunities enhance the quality of life in a community of choice. The
Operating Budget continues to provide funding to support the operation of our 6 arenas, 6 community
centres and our district and regional parks. The City will however move to implement the
recommendations of PlaySJ during 2015 that will see a rationalization of parks and playgrounds with an
emphasis on quality over quantity at the neighbourhood level.
It is anticipated that the Somerset Community Centre will close in conjunction with the opening of the
new Y in late 2015. The City will also continue its obligations to fund the Imperial Theatre, Aquatic
Centre, Arts Centre and Harbour Station. Programming of the new Emera Field will begin in 2015 as
well. Finally, the roll out of the Clean Cart program will offer new opportunities for citizen involvement
at the neighbourhood level.
Support for community based programs such as ProKids ($112,000), the New Year's Festivities
($15,000), Remembrance Day Ceremonies ($2,000), the Heritage Grant Program ($90K) to support
reinvestment activity in the Heritage Area and the Community Arts Awards ($35,000) are also included.
2015 General Fund Operating Budget Page 3
Transit — There is a real need for public transit service in a modern urban community. This does not
mean however that the service can be provided at any cost. The City already contributes the equivalent
of 10 cents on the tax rate to support Saint John Transit. The 2015 budget contemplates a funding
increase of $205,000 or 4% to bring the total operational subsidy to $5,365,000. This additional funding
addresses the need for an inflationary adjustment and provides a small supplement.
A large infusion of cash ($700 -800k) will protect the status quo but will not resolve the fundamental
issue of diminishing ridership. A more thoughtful evidence based approach to addressing the issues of
ridership, routes, cost of service, fares etc is essential.
It is strongly recommended that the Transit Commission use a portion of this supplementary funding to
engage expert assistance to develop an independent, multi -year business plan. The key objective of the
plan should be to determine options for the most responsive level of service that can be provided at
alternative, affordable and sustainable funding levels. An informed policy decision can then be made as
to what the community wants and can afford in subsequent years.
Grant Funding — The need for a balanced approach to addressing community needs necessitates
targeted contributions to events and organizations that bring colour and life to the local area. Often
small investments can yield significant returns when combined with the energy and support of
community volunteers. After adjusting for 'in -kind' rent supports ($109K) that are no longer required, it
is proposed that the overall grant funding envelop be reduced $126,000 to $231,725. A grant
application process is now in place to assess the merit of various requests.
Police — The budget submission of the SJPF called for an increase of $1,030,000 or 4.4 %. Wage costs
represent the largest component of the police operating budget and the 2015 budget submission
reflects the cost of the most recent negotiated wage settlement. Notwithstanding the limited flexibility
to civilianize positions or adjust staffing levels, it is important that the force strive to reduce overtime,
court costs and other supplementary earnings. The Commission should also undertake an analysis of
secondments to ensure that there is no indirect negative impact on overtime costs.
The 2015 budget proposes limiting the requested increase to $700,000 or 2.9 %. A reduction beyond this
point is not realistically achievable given the limited contractual flexibility and would likely result in an
operational deficit at year end.
The budget submission for the PSCC (911) has been reduced by $90K in recognition of the level of
vacancies arising from general staff turnover.
Fire Protection — The cost of fire services has risen well beyond inflationary increases in recent years as
arbitrated wage settlements have exceeded even those that are freely negotiated by other bargaining
groups. The impact on the fire service has been significant and has resulted in the reduction of 40
permanent positions since 2004.
2015 General Fund Operating Budget Page 4
79
The budget proposes to fund a $300,000 increase in base costs and allow for a nominal salary increase in
2015. Total funding for the department would therefore increase $670,000 from $21,634,566 to
$22,304,750 or 3.1 %. It is anticipated that the funding cap will require the department to eliminate
overtime. Given the arbitrated wage settlement mechanism for public safety personnel a more
aggressive spending cap could only be achieved with an additional reduction in fire services and an
increased level of risk in the community.
Council should recognize that there are a number of major industrial projects on the horizon that could
significantly change the risk profile of the community. These developments could also bring new
revenue opportunities for the fire service (training, equipment etc). New revenues should be credited
to the fire service to allow for timely reinvestment in the service in order to mitigate any new risks that
may arise.
It is also proposed that a new Fire Services Bylaw be introduced in 2015 that will serve to generate new
revenue opportunities and establish clear expectations for service levels in our community.
Emergency Management — During the 2014 budget deliberations, Council recognized the need for a
dedicated emergency management resource. This new position was partially funded in 2014 and the
remainder of the funding ($28K) is included in the 2015 budget. This position will ensure proper
planning, full preparedness and a coordinated response to major emergencies in our community.
Asset Management — The City will work with Saint John Energy to undertake a phased transition to LED
Streetlights. It is anticipated that savings from reduced energy costs will offset the initial capital
investment.
The City has a major portfolio of investments in buildings, fleet and other infrastructure. It is critical that
these assets be properly maintained and that we move to full lifecycle costing. The finance budget
includes provision for the purchase of an Asset Management Software tool to facilitate this
methodology.
A fleet service costing analysis was completed during 2014. A proposal will be coming forward to
ensure that sufficient funds are provided not only for maintenance costs but also eventual replacement
of essential equipment. This approach will better capture actual service costs and help to minimize
future borrowings. A multi -year transition period is anticipated for full implementation of the new
model.
The City will also be actively pursuing options to minimize the operational footprint at City Hall and to
maximize the use of available space in the Transit Building, City Market Tower and other facilities.
Human Resources — The City will be reviewing the Terms and Conditions of Employment for
management personnel during 2015 and will also be actively engaged in contract negotiations with
three union locals. Each of these initiatives will require a significant time commitment of staff from
2015 General Fund Operating Budget Page 5
:1
across the organization. The corporate budget includes funding for reasonable and competitive wage
increases however any excess costs will necessitate staffing and /or service reductions.
In an effort to contain costs a number of positions have been removed from the initial budget
submission including; Senior Heritage Planner, Administrative Staff (Recreation), Administrative Casual
(Parks), Maternity Leave Casual, Intergovernmental Affairs Officer and Transportation Technician.
Funding caps for Fire, Police and Transit services will also result likely in staff reductions as service
adjustments are introduced.
Technology — The City is fully dependent on technology to deliver cost effective services. Payroll
systems, 911 dispatch services, accounting, billing systems, facility booking, record keeping etc are all
automated. The budget contemplates continued support for these core services and continued
progress toward providing WiFi services in key locations in the uptown. We will also be advancing the
Open Data initiative which will support greater transparency and accountability across the organization.
Other — The budget for the City Manager's office shows a $330,000 increase. These charges relate to
contracted retirement benefits that will be paid in future years. The City's auditors have confirmed that
the potential liability must be recognized in the current budget irrespective of when the amounts are
actually paid.
The budget for the Parking Commission includes an $88K amount to offset their municipal taxes for the
parking garage as contemplated in their original business model. They will pay the City their property
taxes and the City will rebate the same amount. In effect, as the Parking Commission is owned by the
City, the property taxes will be neither a net revenue nor expense for either entity.
As part of the conversion to the shared risk model, the changes allowed for continuation of service
buyback provisions (pre- conversion) for members of the plan. The determination of the actual liability
remains outstanding. There is limited provision in the budget for any resultant costs.
Looking Ahead
The attached budget addresses the service needs for 2015. Council must also consider the affordability
and sustainability of services in the longer term. It is already known that the City will finish 2014 with a
deficit of approximately $1.5M. This amount becomes the first charge in 2016. Absent sufficient growth
in the tax base a tax hike will be likely if significant new program or service costs are taken on by the
City.
Debt costs become fixed costs for a 10 -20 year time horizon. The higher the debt service costs the less
flexibility to respond to changing circumstances in future years. The City has kept the debt ratio in the
10% range and should continue to do so. Given the high demand for capital investments, limiting debt
obligations has serious implications for the capital budget in that only those investments that provide
maximum benefit to the community should be considered. This link points to the need for the
2015 General Fund Operating Budget Page 6
development of an Integrated Financial Plan that directly ties capital investments to civic priorities and
our annual borrowing capacity.
The arbitrated wage settlement mechanism currently in place for protective service employees is
broken. These arbitrated wage awards outstrip inflation and anything that could reasonably negotiated
at arms - length. The result is ongoing incremental reductions in staffing and service levels in protective
services and other service areas to the detriment of the entire community. The City could take a
leadership role with its counterparts to develop a more balanced mechanism.
As noted in the body of the report the City's tax base growth is marginal at best. This in turn leads to
greater dependence on funding transfers from the Province of NB. This dependence makes the
community extremely vulnerable to changes or reductions in the grant transfer model. It is essential
that the community's investment in economic growth agencies yield real returns. The industrial
development on the horizon offers new opportunities and every effort should be made to secure these
projects.
Continued progress towards full implementation of PlanSJ and its multiple components will provide a
sound platform for 'good growth' in the years to come. Modernization of the related bylaws and
implementation of the One Stop Shop must proceed without delay in order to realize the full benefits of
the new community plan.
The City has been successful in cultivating productive partnerships with the private sector in Parks,
Recreation Infrastructure, Fire Service Training etc. These joint efforts lead to new revenues and new
ideas to support improved services to the community. There is merit in looking for new opportunities of
this nature.
A new solid waste model is being explored for the region. It is unclear how the economies of scale can
be achieved if all the regional municipalities are not willing participants. The City cannot assume the
bulk of the additional costs for enhanced solid waste services. The effort expended to evaluate the new
model should be commensurate with the likelihood of success.
There are positive indications that the Province will be pursuing a new legislative model for
municipalities. The new Municipalities Act can be merely an incremental step forward that continues to
limit the scope of municipal authority or it can serve to unleash the ability of municipalities to shape
their own future and respond to local needs in a timely basis. The City of Saint John and the Cities of
New Brunswick need a new and modern legislative platform. Mediocre change will not suffice.
Conclusion
A deliberate effort has been made to contain costs and minimize the impact on services to citizens in the
2015 General Fund Operating Budget. The proposed budget exercises restraint, provides a stable tax
rate, sound debt management, continued emphasis on roads, recreation and economic health,
2015 General Fund Operating Budget Page 7
anticipates affordable wage settlements, honours our contractual and legislative commitments,
implements strategic initiatives (PlanSJ, PlaySJ, TG2.0), responds to our public safety needs, actively
supports our efforts at creating a community of choice and challenges the status quo by advocating for
evidence based decision making.
The City's future financial position is one that will continue to challenge Council. Sustainable long -term
solutions must be the order of the day in order to avoid either significant reductions in service levels or a
tax rate increase.
Recommendation
1. That the sum of $151,143,354 be the total operating budget of the City of Saint John for
2015;
2. That the sum of $118,325,922 be the Warrant of the City of Saint John for 2015;
3. That the tax rate for the City of Saint John be $1.7850;
4. That Common Council orders and directs the levying by the Minister of Environment and
Local Government of said amount on real property liable to taxation under the
Assessment Act within the City of Saint John;
5. That Common Council authorizes the Commissioner of Finance and Administrative
Services to disburse, at a time acceptable to him, to the named Commissions, Agencies
and Committees, the approved funds as contained in the 2015 budget;
6. That Common Council approves the 2015 Establishment of Permanent Positions at 651.5
Respectfully submitted,
Gregory J Yeomans CGA MBA J. Patrick Woods CGA
Commission of Finance City Manager
2015 General Fund Operating Budget
Page 8
m
19/12/2014
City of Saint John
2014 2015 2015 2015
Proposed
Budget
Draft 1
Percent
DRAFT 2015 BUDGET
Approved
Budget
Adjustments
Budget
Chge %
Service -Based
Service -Based
Service -Based
Service -Based
Revenues
Residential Property Tax
117,667,569
118,325,922
118,325,922
0.56%
Federal Payment in Lieu of Taxes (PILT)
130,364
120,729
120,729
-7.39%
Unconditional Grant
19,599,548
20,935,308
20,935,308
6.82%
Surplus 2nd previous yr.
567,702
567,702
Protective Services
1,290,200
1,300,200
50,000
1,350,200
4.65%
Sports and Recreation
879,701
900,026
900,026
2.31%
Emergency Dispatch
792,820
943,662
943,662
19.03%
Administrative Support
2,023,000
2,088,000
65,000
2,153,000
6.43%
Permits
1,360,000
1,280,500
1,280,500
-5.85%
Parking
3,016,800
2,711,800
75,000
2,786,800
-7.62%
Rentals
1,108,350
845,505
845,505
- 23.71%
Other
903,828
934,000
934,000
3.34%
Total Revenues
148,772,180
150,953,354
190,000
151,143,354
1.59%
Development Growth & Community
Community Planning & Development Service
1,648,084
1,660,164
1,660,164
0.73%
Development Engineering
400,608
432,278
0
432,278
7.91%
Geographic Information Systems
324,060
326,379
0
326,379
0.72%
Heritage Conservation
309,971
304,943
- 99,600
205,343
- 33.75%
Permitting & Inspection Service & By -Law Enforcement
1,995,433
1,970,593
0
1,970,593
-1.24%
Tourism Service
975,000
1,000,000
0
1,000,000
2.56%
Destination Marking Organization
975,000
1,000,000
1,000,000
2.56%
Economic Development Service
2,404,021
2,526,496
-5,000
2,521,496
4.89%
Regional Economic Development (Enterprise)
475,000
475,000
475,000
0.00%
Saint John Trade and Convention Center
534,367
569,420
569,420
6.56%
Harbour Station
451,618
524,882
524,882
16.22%
City Market
943,036
957,194
-5,000
952,194
0.97%
Urban Development Service
2,606,226
2,618,716
- 10,000
2,608,716
0.10%
Saint John Development Corporation
300,000
285,600
- 10,000
275,600
-8.13%
Market Square - Common Area
2,306,226
2,333,116
2,333,116
1.17%
Industrial Parks Development Service
300,000
300,000
- 30,000
270,000
- 10.00%
Saintlohn Industrial Parks
300,000
300,000
- 30,000
270,000
- 10.00%
Neighourhood Improvement
W,389
536,194
0
536,194
- 25.05%
Community Development
299,250
329,116
329,116
9.98%
City of Saint John
DRAFT 2015 BUDGET
Neighbourhood Development
Loch Lomond Community Center
Ability Advisory Committee
Recreation Community Groups
P.R.O. Kids
Community Development Program
PlaySJ Neighbourhood Development
Community Development Service Grants
Pavilion Cup
Cherry Brook Zoo
Library
Seniors Citizen Centre Rent
Human Development Council -Grant & Rent
PRUDE Rent
Seafarer's Mission
Living SJ
Clean Cart Program
Senior Resource Center
Non Profit Housing Conference
YMCA Permit Fees
Recreation, Parks & Cultural Programming
Recreation Programming
Contract Service - Boys & Girls Club
Contracted Service - YMCA -FGCC /MCC
Contracted Service - North End Community Centre
Cultural Affairs
Passport to Parks
Arts & Culture Grants & Other Funding
Imperial Theatre
Saint John Arts Center
Arts and Culture Board
Public Art - Maintenance and Repair Budget
Unspecified Grants
Jazz and Blues Festival -Salty lam
Saint John Theatre Arts
Festival de la Baie Francois
2014
Approved
Service -Based
152,250
45,000
1,523
30,450
111,916
50,000
25,000
853,130
2,500
60,000
458,130
41,000
51,000
52,000
1,000
15,000
20,000
3,000
1,500
148,000
1,542,077
955,369
126,100
169,097
158,194
118,317
15,000
590,993
339,322
85,171
35,000
10,000
23,000
d" 000
10,000
4,000
2015 2015 2015
Proposed
Budget
Service -Based
45,000
112,078
50,000
469,193
469,193
1,596,762
1,004,984
127,991
171,633
158,194
118,960
15,000
848,315
343,823
84,769
35,000
10,000
357,723
Budget
Adjustments
Service -Based
N
N
r'
-126,000
Draft 1
Budget
Service -Based
45,000
112,078
50,000
469,193
469,193
1,596,762
1,004,984
127,991
171,633
158,194
118,960
15,000
722,315
343,823
84,769
35,000
10,000
231,723
Percent
Chge %
0.00%
0.14%
0.00%
- 45.00%
2.41%
3.55%
5.19%
1.50%
1.50%
0.00%
0.54%
0.00%
22.22%
1.33%
-0.47%
0.00%
0.00%
907.49%
19/12/2014
19/12/2014
City of Saint John
2014
2015
2015
2015
Proposed
Budget
Draft 1
Percent
DRAFT 2015 BUDGET
Approved
Budget
Adjustments
Budget
Chge %
Service -Based
Service -Based
Service -Based
Service -Based
Remembrance Day Ceremonies
2,000
2,000
2,000
0.00%
NB Historical Society - Loyalist House
10,000
-
Stone Hammer Geopark
25,000
Fundy Fringe Festival
5,000
-
-
New Year /Canada Day Celebrations
15,000
15,000
15,000
0.00%
Sculpture Symposium
7,500
-
-
14,664,992
14,590,033
- 270,600
14,319,433
-2.36%
Public Safety Services
Fire Rescue and Suppression Service
21,634,566
21,941,538
21,941,538
1.42%
Water Supply and Hydrants
2,340,000
2,500,000
21500,000
6.84%
Emergency Management Service
264,945
292,601
292,601
10.44%
Police Services
23,559,662
24,589,759
- 320,000
24,269,759
3.01%
Public Safety Communications
2,493,179
2,578,769
- 90,000
2,488,769
-0.18%
Street Lighting
1,096,857
1,030,000
1,030,000
-6.10%
51,389,209
52,932,667
- 410,000
52,522,667
2.21%
..
Roadway Maintenance Service
13,163,078
12,983,777
- 400,000
12,583,777
-4.40%
Snow Control Streets
4,945,281
4,949,817
- 100,000
4,849,817
-1.93%
Street Cleaning
1,885,781
1,663,684
1,663,684
- 11.78%
Street Services (Surface Maintenance)
6,332,016
6,370,276
- 300,000
6,070,276
-4.13%
Sidewalk Maintenance Service
1,493,801
1,935,367
0
1,935,367
29.56%
Snow Control Sidewalk
902,609
907,160
907,160
0.50%
Sidewalk Maintenance
591,192
1,028,207
1,028,207
73.92%
Pedestrian & Traffic Management Service
2,345,317
2,395,228
- 63,000
2,332,228
-0.56%
Stormwater Management
3,165,539
3,385,292
0
3,385,292
6.94%
Solid Waste Management
3,547,444
3,546,103
0
3,546,103
-0.04%
Engineering
499,369
484,575
0
484,575
-2.96%
Parks & City Landscape
2,969,395
3,125,484
- 139,650
2,985,834
0.55%
Parks Maintenance
2,512,162
2,655,305
- 114,650
2,540,655
1.13%
Lifeguards
117,720
120,663
120,663
2.50%
Urban Forestry
269,513
279,516
279,516
3.71%
Mispec Park
$10,000
30,000
- 25,000
5,000
- 83.33%
Saint John Horticultural Association
40,000
40,000
40,000
0.00%
City of Saint John
DRAFT 2015 BUDGET
Sports & Recreation Facilities Service
Arena Operation & Maintenance
Sportsfield Operation & Maintenance
Other Facility Operation & Maintenance
Minor Hockey Subsidy
Aquatic Clubs
Lord Beaverbrook Rink
Aquatic Centre
Parking Service (Administration Support)
Administration Support
Grant - Property Tax
Transit Service
Financial Management Service
Finance
Assessment
Asset Management
Purchasing & Materials Management
Insurance Service
Liability Insurance
Fleet
Facilities Management
Carpentry Shop
City Hall Building
Real Estate
2014 2015 2015 2015
3,124,669
Proposed
Budget
Draft 1
Approved
Budget
Adjustments
Budget
Service -Based
Service -Based
Service -Based
Service -Based
3,809,404
3,951,199
- 45,350
3,905,849
1,508,706
1,502,745
2,213,880
1,502,745
1,224,401
1,305,020
- 45,350
1,259,670
410,405
388,722
388,722
169,000
173,000
173,000
15,822
15,822
15,822
159,000
159,000
159,000
322,070
406,890
406,890
560,379
648,379
0
648,379
560,379
560,379
- 40,000
560,379
-
88,000
88,000
6,886,723
7,078,068
26,932
7,105,000
38,440,449
39,533,472
- 621,068
38,912,404
3,124,669
3,199,670
- 40,000
3,159,670
1,845,817
1,913,663
- 40,000
1,873,663
1,278,852
1,286,007
127,495
1,286,007
6,925,147
6,893,698
0
6,893,698
1,056,147
1,061,631
2,213,880
1,061, 631
272,430
267,860
267,860
615,500
650,000
650,000
1,267,518
1,190,274
1,190, 274
1,091,572
1,150,203
1,150,203
440,775
419,205
419,205
1,841,400
1,824,110
1,824,110
339,805
330,415
330,415
10,049,816
10,093,368
- 40,000
10,053,368
Human Resources
1,528,054
1,561,536
8,488
Corporate Planning
462,531
467,689
3,488
Intergovernmental Affairs
155,547
127,495
- 127,495
Corporate Communications
1,754
531,897
8,488
Information Technology
2,138,707
2,213,880
8,488
Percent
Chge %
2.53%
-0.40%
2.88%
-5.28%
2.37%
0.00%
0.00%
26.34%
15.70%
0.00%
3.17%
1.23%
1.12%
1.51%
0.56%
-0.45%
0.52%
-1.68%
5.61%
-6.09%
5.37%
-4.89%
-0.94%
-2.76%
0.04%
1,570,024
2.75%
471,177
1.87%
540,385
1.62%
2,222,368
3.91%
19/12/2014
19/12/2014
City of Saint John
2014
2015
2015
2015
Proposed
Budget
Draft 1
Percent
DRAFT 2015 BUDGET
Approved
Budget
Adjustments
Budget
Chge %
Service -Based
Service -Based
Service -Based
Service -Based
4,816,593
4,902,497
- 98,543
4,803,954
-0.26%
Legislated Services
City Manager
529,045
859,613
0
859,613
62.48%
Legal
746,755
751,815
0
751,815
0.68%
Common Clerk
664,517
667,296
-5,000
662,296
-0.33%
Regional Service Commission
53,226
41,085
0
41,085
- 22.81%
Mayor & Council
588,445
601,043
0
601,043
2.14%
Mayor's Office
185,895
178,893
178,893
-3.77%
Council
402,550
422,150
422,150
4.87%
2,581,988
2,920,852
-5,000
2,915,852
12.93%
Other
Fiscal Charges
17,325,118
18,888,676
- 517,000
18,371,676
6.04%
Pension
9,504,015
9,275,000
- 31,000
9,244,000
-2.74%
26,829,133
28,163,676
- 548,000
27,615,676
2.93%
Total Expenditures
148,772,180
153,136,565
- 1,993,211
151,143,354
1.59%
General Fund Surplus (Deficit) - (2,183,211) 2,183,211
:•
Operating Budgeter
Mill & seal area patching
$250,000
Asphalt Overlay with City crews
$750,000
Asphalt Inspection
$250,000
Asphalt Resurfacing
$2,000,000
Curb and sidewalk
$541168
Total asphalt, curb and sidewalk $3,304,168
m
$250,000
$750,000
$289,000
$2,165,000
$54,168
$3,508,168
10°
2014 Budget Expenditures — New Brunswick Cities Overview
Total Expenditures 2014 - City of Saint John
11%
11
18%
• Protective Services
• Fiscal Services
Transportation Services
• General Government Services
• Recreation & Cultural Services
Environmental and Health
Services
Total Expenditures 2014 - Saint John, Moncton,
Fredericton, Bathurst, Campbellton, Dieppe,
Edmundston, Miramichi
9%
11%
Total Expenditures 2014 - Saint John,
Moncton, Fredericton
■ Protective Services
10%
• Fiscal Services
Transportation Services
• General Government Services
• Recreation & Cultural Services
Environmental and Health
Services
■ Protective Services
■ Fiscal Services
Transportation Services
■ General Government Services
■ Recreation & Cultural Services
Environmental and Health Services
60.0% - -
50.0% _
40.0% - --
30.0%
20.0% . -
10.0% --
0.0% - -
04 05 06 07 08 09 10 11 12 13
92
149
—771 (Fire)
—SJPA (Police)
486 (Inside)
—18 (Outside)
— Management
--CPI Impact
(411)--
SAINT )Of IN
t
'� � � � � � �' ��.:. �' c-w '. s - - - � 3a - ':ar �� .6 i'S _ .•i�" � �wsr,i Y-v t`�c q '�5
�.. .. _. .._ . "�:_-.. - -; :, ::'.. -. :...r.a .,, ,<.:_" ., .. .� '�.. _.��_� s.r... y.� .. �. -t ." _.a ,._ ..err .«- v. -., -�' _.. ._.- Mew. � °'?+• ,� „�: !`..3 _..n.i �.x..., -,r, s: ...14�?,�4�'! ..�.�z,. .��..�.
a r*
10.1
� e�.� �,- �� - y ; :+4 AN&L". NT
:," .ai'i.. .,. c l '�,
N
93
MUNICIPAL BUDGET BY FUNCTION (EXPENDITURES) - 2014 - BUDGET MUNICIPAUX PAR FONCTiCN (DEPENSES)
1.2- 1
Water
Other
Envirort-
En%4ron-
Recreation
Fiscal Services
General
Fire
Cost
Emergency
Protection
Transport-
mental
Public'
meptai
8
Debt
2012
Total
No. Municipality
Government
Police
protection
Transfer
Measures
Services
ation
Health
Health
Development
Cultural
Costs
Transfers
Deficit
Expenditures
No.
Services
d'adminis-
Services
Protection
Frais de
Autres
Services
Services
Services
Services
Services financiers
tration
de
contre
distribution
Mesures
services de
de
Services
de sable
d'arndnage-
recreatif &
Service de
Deficit
Total des
No. Munieipaidd
generale
police
rincendie
de 1'eau
d'urgence
protection
transport
d'hygiene
publique
meat
culture)
la Bette
Transferts
2012
depenses
No.
1 Fredericton
11,839,214
18,206,623
13,307,034
1,000,612
100,771
1,247,312
18,661,829
2,782,227
7,150
7,935,996
6,782,880
6,131,243
18,310,354
106,313,245
1
2 Moncton
17,125,347
18,560,644
12,364,599'
3,299,992
33,237
2,530,714
30,063,911
3,579,920
7,646,000
16,293,745
21,377,539
9,900,3B8
142,776,036
2
3 Saint John
14,130,612
23,743,517
21,250,090'
2,340,000
2,758,124
1,995,433
28,809,553
5,433,225
10,451,240
10,481,888
14,873,202
11,890,623
614,673
148,772,180
3
GROUP "A" TOTALS
43,095,173
60,510,784
46,921,723
6,640,604
2,892,132
5,773,459
77,535,293
11,795,372
7,150
26,033;236
33;558,513
42,381,984
40,101,365
614;673
397,861,461
TOTAL DU GROUPS "A"
4 Bathurst
3,101,878
5,176,358
2,111,680
724,383
20,000
176,360
4,696,664
361,742
778,624
3,213,038
2,954,575
50,985
23,366,287
4
5 Campbeflton
1,350,379
2,095,761
838,235
25,000
8,100
90,886
3,261,448
456,615
336,862
2,494,552
1,779,240
71,946
2,011
12,811,035
5
Brie
""75
?"11"0
4 7
38b7f62
5-69
10"011-
T7 @*1112
11fizo
+4416A23
"Ark
ti45,a87
195 144
6'eag's 6
6
7 Dieppe
4,605,228
4,825,069
4,991,393
1,327,000
15,000
987,079
6,149,868
1,081,100
2,688,756
7,943,041
7,451,536
4,555,901
46,620,971
7
8 Edmundston
3,270,082
4,541,936
1,980,046
536,820
5,870
1,217,804
6,636,555
727,620
1,247,401
3,564,718
4,836,345
607,745
29,172,942
8
9 Miramichi
2,512,291
4,864,772
2,451,862
497,970
805,320
49,612
6,109,924
1,210,058
1,128,350
3,558,788
2,943,468
3,752,793
29;885,208
9
'� � � � � � �' ��.:. �' c-w '. s - - - � 3a - ':ar �� .6 i'S _ .•i�" � �wsr,i Y-v t`�c q '�5
�.. .. _. .._ . "�:_-.. - -; :, ::'.. -. :...r.a .,, ,<.:_" ., .. .� '�.. _.��_� s.r... y.� .. �. -t ." _.a ,._ ..err .«- v. -., -�' _.. ._.- Mew. � °'?+• ,� „�: !`..3 _..n.i �.x..., -,r, s: ...14�?,�4�'! ..�.�z,. .��..�.
a r*
10.1
� e�.� �,- �� - y ; :+4 AN&L". NT
:," .ai'i.. .,. c l '�,
N
93
DEPORT TO COMMON COUNCIL
December 19, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: 2015 Operating Budget Follow -up
The following is offered in response to some of the issues and concerns raised at
the Thursday budget meeting.
City of Saint John
Equipment Purchases — the City Engineer identified particular equipment needs
to improve the efficiency and effectiveness of our work crews. The operating
budget allows for the purchase of the shouldering machine and rock breaker. The
capital budget will include provision for the purchase of the roller and curb
machine.
Contingency Funding — the Commissioner of Finance has undertaken a detailed
review of the budget for projected interest rate charges and projected borrowings.
A continued low rate environment and borrowing in line with anticipated capital
expenditures would allow for up to $102,000 to be designated as a `contingency
for Common Council priorities only'. As interest rates are subject to change the
envelope should not be considered available for use until mid -year and then only
at Council's discretion. The envelope is subject to revision if the key assumptions
are not realized.
Asphalt — designation of the contingency envelope would allow the proposed
$165,000 increase in road work to remain in place consistent with Council's
priorities.
Planning/Bylaw Enforcement - These two service areas (Community Planning
& Building Inspections) represent the core development approvals service for the
City, and are a legislated function under the Community Planning Act aimed at
ensuring that development contributes to a safe and livable community and
supports our economic health.
The overall impact to our Growth and Community Development Services
operations already represents a 1.5% reduction in our costs for 2015. It is
important to note that we have already incorporated reductions to this service e.g.
the deferral of a neighbourhood planning and a reduction in staffing in the
Heritage program. To further reduce the building and development approvals
services will compromise our ability to advance major reforms through the One
Stop development shop and will frustrate our clients.
.,
• These services places a key role in supporting revenue generation for the Cit — these
services generate 1.14 million dollars in revenue for the City, recovering more than 40%
of the costs of providing these services.
• These services ensure time! y and efficient building and development a royals; a key
factor in attracting investment to our community. The City is just below our target of
ensuring building permits are approved within 10 days 80% of the time and we have
heard from industry that we need to do a better job of streamlining our approvals and
ensuring a consistent and seamless process. Reduced levels of support will result in
lengthened approval /response times for our customers.
The funding for the One Stop Development Shop a key priority of Council is included
in these budgets; in 2015 we are committed to delivering a final service model to Council
and a complete modernized development framework including three updated bylaws,
building, subdivision and drainage. This will address customer service improvements
needed to improve clarity & predictability for investors and ensure a seamless and
efficient development approval process.
Amounts Exceeding 2% - a review indicates the following;
Service
Percent
Comment
Development Eng
7.91
Transfer .5FTE One Stop
Tourism Service DMO
2.56
Contract Yr 2 of 3
SJTCC
6.56
Regional Facilities
Harbour Station
16.22
Regional Facilities
Library
2.41
PNB Requirement
Recreation Programming
5.19
Taxes /MinWage /Contract
Arts Grants
907-00
Regrouping Budgets
Water Supply
6.84
Statutory Charge
Emergency Mgmt
10.44
1/2 Salary EMO position
Lifeguards
2.50
Actual Cost
Urban Forestry
3.71
Actual Cost - supplies
Minor Hockey
2.37
Subsidy re usage
Aquatic Centre
26.34
Regional Facilities
Liability Insurance
5.61
Contract — tender
Facilities Mgmt
5.37
Pedway, Goods, Costs
IT
3.91
Software Sery Agreement
City Manager
62.48
Retirement Charges
Council
4.80
Recruiting CM
It is important to note that excluding Fire and Police, of all the other departments
three are at or below the 0% threshold, one is at 1.23% (transportation /recreation)
and the overall proposed budget is increased by only 1.59 %.
PSCC Staffing — a minimum of two staff is the legislated requirement for this
service, our service levels require groups of 6 employees.
95
Police Legal Costs -- information request will be on next Commission agenda.
Transit Funding — Council can if it wishes mare the $205,000 increase
conditional on introduction of a fare increase, fuel hedging etc.
Recommendation
That this report be received and filed.
Respectfully submitted,
J. Patrick Woods, CGA
City Manager
0.
1Z
The City of saint john
December 22, 2014
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Recommended Appointment to Committees
The Committee of the Whole, having met on December 22, 2014, adopted the following
resolution:
"RESOLVED that as recommended by the Committee of the Whole having met on December
22nd 2014 Common Council approves the following appointments:
Canada Games Foundation: to appoint both Jeff White and Jill Horgan each for a three year
term from December 22, 2014 to December 22, 2017.
City of Saint John Shared Risk Pension Plan Board of Trustees: to appoint Michael Duncan
as an alternate trustee for a three year term from December 22, 2014 to December 22, 2017.
Community Grants Evaluation Committee: to appoint both Councillor Susan Fullerton and
Councillor Shirley McAlary each for a term commencing on December 22, 2014 until the end of
their current terms on Common Council and further to appoint both Rev. Erik Kraglund and
David O'Toole each for a one year term from December 22, 2014 to December 22, 2015.
Heritage Development Board: to reappoint Elizabeth McGahan for a three year term from
February 3, 2015 to February 3, 2018; and further to appoint Shane Goguen for a three year
term from February 3, 2015 to February 3, 2018.
P.R.O. Kids: to reappoint Rob Scott, Lisa Frechette, Kathryn Davison and Katie Langmaid each
for a three year term from January 1, 2015 to January 1, 2018; and further to appoint Matthew
Bedard for a three year term from January 1, 2015 to January 1, 2018; and further,
notwithstanding the policy adopted by Common Council on October 29, 2012 regarding
appointments to agencies, boards and commissions, to reappoint Andrew Miller for a three year
term from January 1, 2015 to January 1, 2018.
Planning Advisory Committee: to reappoint both Anne McShane and Andrew Miller each for a
three year term from January 1, 2015 to January 1, 2018; and further to appoint Rick Stephen,
Gerry Lowe and Patrick Beamish each for a three year term from January 1, 2015 to January 1,
2018 and Councillor Gerry Lowe commencing January 1, 2015 for the duration of his term on
Council.
P-4
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
97
Saint John Aquatic Centre Commission: to reappoint Brian Woods for a three year term from
December 22, 2014 to December 22, 2017.
Saint John Community Arts Board: to appoint both Peter Magee and David Mudge each for a
three year term from December 22, 2014 to December 22, 2017.
Saint John Parking Commission and Saint John Transit Commission: to reappoint Ann
Crozier for a three year term from December 22, 2014 to December 22, 2017; and further to
appoint Jeff McAloon for a three year term from December 22, 2014 to December 22, 2017.
Saint John Substandard Properties Appeal Committee: to appoint Graham Savage for a
three year term from December 22, 2014 to December 22, 2017.
Nominating Committee: that Councillor Gerry Lowe replace former Councillor D. Snook for the
year 2015 on the Nominating Committee schedule previously adopted by Council on November
13, 2012."
Sincerely,
Mel Norton
Mayor
lr
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wvwvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada EX 4L1
M
Im w A .
December 22, 2014
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Irving Oil Limited Water Settlement Agreement
The Committee of the Whole, having met on December 22, 2014, adopted the following
resolution:
"RESOLVED that as recommended by the Committee of the Whole having met on December
22, 2014, Common Council approves the recommendation in the submitted report Irving Oil
Limited Water Settlement Agreement as follows:
1. That the City enter into the Settlement and Water Rate Setting Agreement with Irving Oil
Limited in the form and upon the terms and conditions as attached to this report dated
December 22, 2014;
2. That the Mayor and Clerk be authorized to execute the said Agreement on the City's behalf;
and
3. That Council authorize the contribution of $2,500,000 to the Capital Reserve Fund."
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
••
I ?.'2--
SETTLEMENT AND WATER RATE SETTING AGREEMENT
This Agreement made this 22nd day of December, 2014
BETWEEN:
THE CITY OF SAINT JOHN, a body corporate by Royal
charter confirmed and amended by Acts of the Legisla#ive
Assembly of the Province of New Brunswick, hereinafter
called "Saint John°
OF THE FIRST PART
- and -
IRVING OIL LIMITED, a corporation under the laws of the
Province of New Brunswick having its registered offbe In
the City of Saint John and Province of New Brunswick,
Hereinafter called "Irving Oil"
OF THE SECOND PART
WHEREAS Irving Oil (as successor to Irving Refining Limited) and Saint John are
parties to an agreement dated the 1 e day of February 1956 (the "1956 ent"); and
WHEREAS the 1958 Agreement was confirmed by:
`CHAPTER 72
ACTS OF NEW BRUNSWICK OF 1958
BEING AN ACT RELATING TO IRVING REFINING LIMITED AND
TO CONFIRM AND MAKE VALID A CERTAIN AGREEMENT
MADE BETWEEN THE MUNICIPALITY OF THE CITY AND
COUNTY OF SAINT JOHN THE CITY OF SAINT JOHN THE
SIMONDS SEWERAGE BOARD THE SIMONDS HIGHWAY
130ARD AND IRVING REFINING LIMITED "; and
WHEREAS paragraph 11 of the 1958 Agreement states in part as follows:
12
100
(c) After July I� 1990 the Company [Irving 0111 will pay for water
supplied by the City such fair and reasonable rate as the parties
mutually agree upon, every ten years, and failing such agreement
the said rate shall be determined by arbitration.
WHEREAS by an agreement dated the 10t` day of April, 1995 Saint John and Inning Oil
agreed to rates for the period of July 2nd, 1990 - July 1 st, 2000 (the "1995 Agreement" };
WHEREAS the parties hereto have negotiated water rates applicable during the period
commencing July 2nd, 2000 and concluding on December 31st, 2014 inclusive and have
negotiated a water rate setting formula applicable to the period subsequent to December 31st,
2014 when treated water is supplied by Saint John to Irvine 011;
NOW THEREFORE, in consideration of the promises and mutual covenants and
agreements hereafter contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound,
covenant and agree with each other as follows:
1. In addition to the amount of $2,849,959.00 already paid during the Settlement Period
(defined below) by Irving Oil to Saint John for the supply of water by Saint John to Irving
Oil at the Commerce Drive Connection (defined below), the receipt of which is hereby
acknowledged by Saint John, Irving Oft shall pay to Saint John the sum of $2,500,000.00
(the "Settlement Amou nY) in full and final satisfaction of any and all water rates that
are, are purported to be or may be owing by Irving Oil (including any prior entity,
subsidiary or affiliate that has taken water at the Commerce Drive Connection) for the
period of July 2, 2000 through to and including December 31, 2013 (tie "Settlement
Pertod1, Saint John will invoice Irving Oil for the Settlement Amount on January 1,
2015 and Irving Oil shall pay the Settlement Amount to Saint John on or before January
31, 2015.
2. Saint John will execute a Release in favor of Irving Oil substantially in the form of
Schedule "A" attached hereto (the ` "Release "), which Release will be provided to Irving
Oil on or before payment of the Settlement Amount.
3. Except as provided in this Agreement or the Release, this Agreement and the Release
do not, in any way, affect or extinguish any existing rights or obligations of Irving Oil
pursuant to the 1958 Agreement and the 1958 Act.
4. For the year commencing January 1, 2014 and ending December 31, 2014, Irving Oil
agrees to pay for wafter taken at the Commerce Drive Connection, and Saint John
agrees to invoice Irving Oil for water taken at the Commerce Drive Connection, at the
rate of $0.2739 per cubic metre (m) (the " '14 "). For the purposes of this
Agreement, the Commerce Drive Connection means the connection initially used by
Saint John for the delivery of water from the Loch Lomond Water Shed as contemplated
in the 1958 Agreement (the T-ommerce Dr' Drtve onn "). Throughout 2014, Saint
John will invoice Irving 01 for water taken at the Commerce Drive Connection at the unit
rate for the period July 2, 1999 to July 1, 2000 as set out In the 1995 Agreement
provided however Saint John will issue a final reconciliation invoice for 2014 to invoice
161
Irving Off for all water taken at the Commerce Drive Connection at the 2014 Rate such
that the total paid by Irving Oil for all water taken during 2014 from the Comm Drive
Connection will be the product of the volume of water taken by Irving Oil at the
Commerce Drive Connection during 2014 multiplied by the 2014 Rate.
5. Subject to the terms of Section 6, for each calendar year subsequent to 2014, Irving Oil
shall pay for water taken at the Commerce Drive Connection, and Saint John agrees to
invoice Irving Oil for water taken at the Commerce Drive Connection, at the rate
determined for the Immediately preceding calendar year as adjusted by the Adjustment
(defined below) (the -Commffe DrIn 22nnsoon Water Rate F ula`). The
adjustment shall accurately reflect the annual percentage change (whether positive or
negative) in the Statistics Canada Construction Price index (Construction union wage
rate index) for Saint John (the "196—x*) from the year corresponding to the rate in
question compared to the prior year (the "Ashy t rot*)„ By way of example, the rate for
2015 will be the 2014 Rate multiplied by the change in the Index from 2013 to 2014. In
the event the Index is altered in its composition or is eliminated, the parties hereby agree
to use In its place the Consumer Price index for Saint John as published by Statistics
Canada.
6. The Commerce Drive Connection Water Rate Formula shall apply only until the time
that the plant for the treatment of water to be supplied by Saint John through its potable
water system, which plant Saint John intends to construct In the Eastem area of Saint
John, (the Ngptern Water Treatment Plant") is put into service. Saint John will use
good faith efforts to put the Eastern or Treatment Plant into service on or before
December 31, 2018.
7. Saint John shall supply Irving Oil untreated water ("Raw Water") commencing at the
time the Eastern Water Treatment Plant is put Into service. Irving Oil will supply its user
requirements to Saint John and will worts with Saint John to finalize the design of the
infrastructure required to supply the Raw Water (the "Raw Water Infrastructure).
8. Saint John agrees to work with Irving Oil in good faith to accommodate any reasonable
requirements to the design of the Raw Water Infrastructure as requested by Irving Oil so
long as the request does not cause any undue delay to the schedule of the City`s P3
project. if the Project Manager and Senior Management of Irving Oil are unable to agree
to the requested change, the requested change will be promptly escalated to the
Commissioner of Water for the City of Saint John and General Manager of the Refinery
for consideration. If the Commissioner of Water for the City of Saint John and the
General Manager of the Refinery are unable to agree whether to accept or reject the
requested change within 30 days after request is submitted to them, the parties will
promptly mutually agree on an independent third party, with knowledge of water
infrastructure, to mediate the disagreement. If the mediator to unable to resolve the
disagreement within 30 days after submission of the disagreement to him, the parties
agree to submit the dispute to arbitration.
9. Irving Oil will be responsible for the design and installation of new potable water lines on
the Irving Oil refinery property to the connection point on Grandview venue.
10. Saint John will implement a rate for Raw Water (the ORAw Water RMN) which will be fair
and equitable. Raw Water customers will pay the costs associated with the Raw Water
14
102
Infrastructure and cross-subsidies will not occur between Raw Water customers and
customers of other classes of water consumption with Saint John. Schedule "B"
attached hereto sets out the principles that will be used in generating such Raw Water
Rates. The principles set out in Schedule "B° were established in advance of the actual
development of the Raw Water System and Raw Water Rates. Where confNcts or
Inequities in the development of the rates may occur as a result of these principles, the
core principle of providing "equitable and cost based° rates shall apply, provided always
that such Raw Water Rates are fair and reasonable.
11. This Agreement shall be construed in accordance with the laws of the Province of New
Brunswick. Each party hereto irrevocably attoms to the exclusive jurisdiction of the
courts of the Province of New Brunswick in relation to the enforcement of this
Agreement.
12. The undersigned hereby acknowledges and confirms that this Agreement may be
executed in counterparts and that a facsimile copy or photocopy of this Agreement is as
binding as the original.
IN WITNESS WHEREOF the parties have causes! this Agreement to be executed as of
the day and year first written.
SIGNED, SEALED, AND DELIVERED ) THE CITY OF SAINT JOHN
in the presence of: )
)
} By.
Mayor
)
By:
Common Cleric
)
}
} Common Council Resolution:
2014
)
}
IRVING OIL LIMITED
BC
)
)
153
SCHEDULE "A"
RELEASE
-by-
THE CITY OF SAINT JOHN, a body corporate by Royal charter confirmed and amended
by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called "Saint
John"
- in favour of -
IRVINts OIL LIMITED, a corporation under the laws of the Province of New Brunswick
having its registered office in the City of Saint John and Province of New Brunswick, hereinafter
called "Irving Oil"
This Release (this "Release ") is made as of December 22, 2014 by Saint John
WHEREAS Saint John and Irving Oil have for some time disagreed with respect to water rates
payable by Irving Oil to Saint John under the Agreement dated the 18th day of February, 1958
for the supply of water by Saint John to Irving Oil subsequent to July 1, 2000 (the "1858
Agreement ").
AND WHEREAS the parties have agreed to a settlement of all matters relating to the 1958
Agreement and have agreed to provide this Release in full satisfaction of all liabilities of Irving
Oil in connection with the 1958 Agreement for the period July 2, 2000 to December 31, 2093, as
more particularly set out in a Settlement and Water Rate Setting Agreement dated the 22nd day
of December, 2014 (the "Agreement ");
MOW, THEREFORE, pursuant to the Agreement, and in consideration of the payment of
$2,500,000.00 by the Released Party to Saint John in accordance with the terms of the
Agreement and the respective covenants, agreements, representations and warranties herein
contained and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by Saint John-,
1. Saint John hereby for itself and its affiliates, predecessors, successors and assigns (the
"Releasing Party") forever releases and discharges (i) Irving OB, (ii) any and all of its
affiliates, (lil) any and all officers, directors, managers, employees, servants, agents and
representatives of Irving Oil and such affiliates, and (iv) any and all successors, assigns,
heirs, legatees, appointees, executors and administrators of all of the foregoing (all the
foregoing persons and entities collectively being referred to herein as the °Released
Parties') from any and all actions, Muses of action, suits, Proceedings, debts, dues,
sums of money, accounts, reckonings, bonds, guaranties, indemnities, liabilities, losses,
bills, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, obligations, awards, penalties, fines, deficiencies, executions,
claims and demands whatsoever, whether fixed or contingent, liquidated or unliquldated,
known or unknown, suspected or unsuspected, in law, admiralty or equity, or before any
federal, provincial, local or private court, agency, arbitrator, mediator or other entity,
regardless of the relief or remedy, that any or all of the Releasing Parties ever had, now
has or hereafter can, shall or may have against the Released Parties, or any one or
&
more of them, in connection with, arising out of or related to, in any manner whatsoever,
the liabilities or claims arising as a result of, or in connection with the 1958 Agreement
for the period July 2, 2000 to December 31, 2013, including, without limitation, any and
all costs, legal fees, disbursements and other expenses whatsoever paid in the
prosecution or defence thereof, and including, without Imitation, the assertion of any
counterclaims, for which the Released Parties, or any one or more of them, may be
liable, whether by operation of law, agreement or otherwise.
2. Saint John hereby oovenants and warrants that it will not, directly or indirectly, in its own
name or through another, at any time, commence or assist the commencement of any
action, litigation, suit, arbitration or other legal proceeding or otherwise assert any claim
against any one or more of the Released Parties in any manner in connection with,
arising out of or relating to any subject matter for which the release and discharge set
forth herein Is given.
3. Saint John, at any time and from time to time subsequent to the date hereof, will, at the
request and expense of any Released Party, execute and deliver (or cause to be
executed and delivered) all such documents, instruments, consents, grants,
authorizations and other assurances and do (or cause to be done) all such other acts
and things as such Released Party, acting reasonably, may from time to time request be
executed or done in order to better evidence or perfect or effectuate any provision of this
Release or of any agreement or other document executed pursuant to this Release or
any of the respective releases, discharges, rights and obligations intended to be created
hereby or thereby.
4. This Release shall be construed, interpreted and enforced In accordance with, and the
respective rights and obligations of the parties shall be governed by the laws of the
Province of New Brunswick.
5. This Release, and the Agreement, contain the entire agreement with respect to the
subject matter hereof and supersede and cancel all prior communications,
understandings and agreements whether oral or written, expressed or implied with
respect to the subject matter hereof: There are no representations, warranties, collateral
agreements or conditions affecting this Release other than as expressed herein or in the
Agreement. Saint John further acknowledges and agrees that, in entering into this
Release, it has not in any way relied upon any oral or written agreements,
representations, warranties, statements, promises, information, arrangements or
understandings, expressed or implied, not specifically set forth in this Release or in the
Agreement.
6. This Release is binding upon the Releasing Party and inures to the benefit of and is
enforceable by the Released Party. No amendment or modification of this Release is
effective except by an Instrument in writing that Is executed and delivered by Saint John.
[remainder of page intentionally left blank]
q65
IN WITNESS WHEREOF, Saint John has executer) this Release on the day, month and year
first set forth above.
SIGNED, SEALED, AND DELIVERED
in the presence of:
`I .
THE CITY OF SAINT JOHN
By:
Mayor
By:
Common Clerk
Common Council Resolution;
2014
SCHEDULE "B"
Rate Making Principles for the Development of Raw Water Rates
The fallowing are basic principles for establishing the Raw Water Rates which were
established in advance of the actual development of the Raw Water Infrastructure and
Raw Water Rates. Where conflicts or inequities in the development of the rates may
occur as a result of these principles, the core principle of providing "equitable and cost -
based" rates shall apply, provided always that such rates are fair and reasonable.
2. Rates will be cost based and set to generate revenue in proportion to the cost incurred
to serve the Flaw Water customer class.
3. Rates will not include any cross subsidies between Raw Water customers and treated
water customers.
4. Infrastructure that serves both Raw Water customers and treated water customers will
be allocated in proportion to the usage by each customer class, i.e. if the infrastructure
serves both Raw Water to the treatment plant as well as Raw Water to the Raw Water
customers, the costs associated with the infrastructure should be assigned based on the
percentage of water handled by each customer class.
5. Costs for new infrastructure will include capital debt repayment (principal and interest
charges), short term interest, operations (including maintenance, electricity and
operational repairs) and depreciation based on the useful rife of the infrastructure;
6. Cost for existing Infrastructure will not include any allowance for debt repayment If the
asset is fully paid for. The costs should include depreciation based on the original cost
and the useful life of the asset and operational costs including maintenance, electricity,
and operational repairs.
7. Operating costs will be presented at a level of detail which allows a third party to review.
a. Operating costs will Include an allocation of supervisory and overhead costs in
proportion to the overall operation of the water system.
9. Operating costs will be allocated based on the proportion of the water used by Raw
Water customers versus the total water handled by the infrastructure. Operating costs
may be assigned to treated or Raw Water customers if the operating costs are directly
attributable to those customers.
10. Watershed costs will be based on the proportion of the water extracted for Raw Water
customers versus the total amount of water extracted from the source for all customers.
11. Treatment casts will be excluded from Raw Water rates.
187
12. Pumping costs that benefit both treated and Paw Water customers will be based on the
proportion of water used by raw water customers versus the total water pumped by the
infrastructure.
13. Transmission costs will be based on only the infrastructure used to deliver Raw Water.
No portion of the treated water transmission and distribution costs will be included in the
calculation.
14. Administration costs will be allocated based on the cost of service provided to the Raw
Water customer and should not include costs associated with customer service for the
treated water customers.
20
108
Im w A .
December 22, 2014
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: Land Exchange with Barsa Ventures Ltd.
Agreement
The Committee of the Whole, having met on December 22, 2014, adopted the following
resolution:
"RESOLVED that as recommended by the Committee of the Whole having met on December
22, 2014, Common Council adopts the recommendations in the submitted report entitled, M &C
2014 -230: Land Exchange with Barsa Ventures Ltd.as follows:
1. That the City of Saint John enter into the attached Agreement for Exchange of Lands with
Barsa Ventures Ltd. as contained in this report, M &C #2014 -230; and
2. That the Mayor and Common Clerk be authorized to execute all document(s) necessary to
finalize this transaction."
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
109
T'
AGREEMENT FOR EXCHANGE OF LANDS
VENDOR/PURCHASER: BARSA VENTURES LTD.
1701 Red Head Road
Saint John, NB E2P IKS ( hereinafter "Barsa'l
PURCHASER/VENDOR: THE CTI'Y OF SAINT JOHN
e Floor, City Hall Building
15 Market Square, PO Box 1971
Saint John, NB E21, 1138 (hereinafter "the City ")
PROPERTIES: (Berea to the City) a portion of PID 55203145 being undeveloped
land located in Millidgeville, Saint John, Now Bnnnswick,
designated Parcel B containing an area of 1.58 hectares as shown
on attached Plan hereto annexed as Schedule "A ".
(The City to Barra) PID 55224794 comprising an area of 138 acres
more or less and being land located off South Side of Quaco Road,
Otter Lake, Parish of Simonds, in the County of Saint john.
CONSIDERATION, The City will receive Parcel B and Barsa will receive PID
#55224794.
CLOSING DATE: On or before January 31, 2015.
TERMS AND
CONDITIONS: Barsa will transfer to the City Parcel B. The property shall be
conveyed free and clear of all encumbrances, with the exception of
By -Law registered as Number 17676918, and Agreements with the
City of Saint John registered as Numbers 22498456 and 32386485.
The transfer, which will be prepared at the expense of Barsa, will
reserve for the benefit of lands being PID #55203145 an easement
over the said Parcel B being designated on Schedule "A" as "10.00
metre wide Easement reserved for collection and drainage of
surface/storm waters " - The terms of conditions of said easement
being set out in Schedule `B" hereto annexed. Bwsa will pay for
the cost of the registration of the Subdivision Plan in the amount of
$75.00 and 575.00 for the cost of having the benefit of Easement
reserved for PID #55203145 added to the PID Databank
Description together with all costs for the registration of the
Transfer from Balsa to the City, The solicitor for Barsa will obtain
a certificate of assessment and provide the same to the solicitor for
the City. The solicitor for Barsa, at its own expense, will obtain
and provide to the City a Tax Certificate from the Province of New
Brunswick showing that real properly taxes have been paid in full
4110
2
on Parent PAN 6330128 until December 31, 2014. There will be
no adjustment for real property taxes.
The City is registered for the purposes of the Harmonized Sales
Tax and in the event that the transfer is subject to HST the City
will provide a certificate on closing that they are registered and
will self - assess. Should any tax be owed Barsa shall pay same.
The City will transfer to Batsa the lands and premises designated
PID #55224794. The property shall be conveyed free and clear of
all encumbrances, with the exception of the Right of Way in favour
of The New Brunswick Telephone Company Limited and PID
#352484 registered as Number 15588 in Book 346 at Page 209.
The conveyance will restrict the use of lands and will be in the
form and content set out in Schedule '`C" hereto annexed. The
City will not answer requisitions on title. The solicitor for Barsa
will obtain a certificate of assessment. The solicitor for Barsa, at
its own expense, will obtain. a Tax Certificate from the Province of
New Brunswick showing that real property taxes have been paid in
full on the Parent PAN 1602619 until December 31, 2014. There
will be no adjustment for real property taxes. Barsa shall pay for
all costs incurred to register the Deed from the City to Barsa.
Barsa is registered for the purposes of the Harmonized Sales Tax
and in the event that the transfer is subject to HST Barsa will
provide a certificate on closing that they are registered and will
self-assess.
This agreement is contingent on both properties being transferred
in cemjunction with each other.
If all conditions are not met this Agreement will become null and
void.
There are no other representations, warranties, collateral agreements or conditions affecting this
Agreement or the property to be conveyed hereunder.
%
3
IN WITNESS WHEREOF the parties have executed this Agreement #his 16 "' day of
201 v
SIGNED, SEALED AND DELIVERED
in the presence f
'112
' -'
VENDOR/ URCHASER�.`y
BARSA VENT URES LT—
Per:
KemsI Debt
Y — P dent •, ;,.:,�� �
PURCHASERNENDOR
THE CITY OF SAINT JOHN
Par:
Mayor
Per:
Common Cleric
Common Council Resolution:
fn
N
APPROVALS
CRY of Stint Jahn Property
f e.y. 19Na5r3 �. >taCa -oT-u �
P° 4i ,a+ae2s! Area of
j Survey e
I; IWO
r
� ! � .,•'ALL.; A'eofstretinn � •nets.
s \ PIC a7:2rTM a.— n....: 9— VW*1 a red.
/ -••
City of Snint John Proparty PLa.: 9821m as
/ s3:?eaa may. ford -ro-ts rr«a.. dx. , WFW IF,s
/ }+gr6ek it Erkd 1"1 . Tr.aFr / +rsia7ae 'k-. 2fe0 Py SS,dlp. moo -ix-ly
3322em p.,,a.
n
40 -63 Rercei "R"
' I=? ... r.., ra. slmm0 a,� .� 4 s 94* uf"..dP.14:iW um, SPA .rr.,rt...
f 1 ms 3379oa34 a.F 2ma 92 7a 1.
wea
102, 35 zrx (eF•r . wcs! rgY war
p6 A �.� t �t rsra e., ae. Yk.. le,p}.
Rt€e» :. a ate:..... 4 �.,,. , Y. m a"P.d., .o -qYr. a+a.
tsG�Yiy `Sa Y r ses ago 3+w+ +.a ..`.,a... • . PRv,.�, rM<�,. -,
+ h �MMkk� ; + 4. A: d®.r.M ..d Pan rM— rHe- M aa. A.QW0•Y olY -y
i !,M M. (x. 7.
` f + 0. t+ria Pw., —"Wd en 0r. 9, ^,4,4,
i•♦ �y � Ll� 4. A awpldlms P'1^•�ry rwe..W :r.... w. Wa p+w.
33 w + dfCON 4)!::%W a tr m.r �.a
V .e4 1Y^Y me .FMM+.
1 q'r 4 T. PlpM !. tr awwe Aesd .tn k A Port rr Wdr :46'.0,
NwY +S w ae spy d .� - -,Y +tin io OCM117q, Frcn •b' io r m .r n.
` ev-,I d W 9 t.po<.1. . r•. -
Of Plane
e. -eft Pepe 'R' aaA a 14+66 inNn .M far.a.R
'+•' �.r `
—=17L !n2. u..ds'+d. cwa droL+w +P
mote Mew Bnmewkk " cc- 4rdkmd* Vofuas
King Property Ltd.
Promo sL x
0.r_ 1162-177 007 2931 a4T 70 M e/ay7a P�tY. allow 2
2!+< #• 97-04 207 i !31 3)23 1 �a7 H?.!a PU1! J�aeee]
(d 91f 257 2 $3, aS�t.W I- "44�TJ14 KM7#37!!1I
1,p1Yyy H° ' aH Y
an 'M 7 LL11oR
'. V- 9 +9 P+Mt 22273!,7
SIB 2731. 7la..W ? T! • 77]342 PGRa 300T9
sea 2 531
f* AGO
9e0 s31 o4t8..341 1 J suim RMr/ .Wr"117 7
ir.Aa r1l 643921 7sea "Lam Pita 341-, 1f0
` rear a W7 ana4t 7 is S20a:2 Mt ]1M +4fo
Ai Sa('13117 ta24 ! SS] b4a.2aS 9'Stl S1L'dk AN+ ldEM0_M
d 80ma Vantwas Ltd, Property 16627 2'570 /425#9 7 M "007 wpt.
aes 2a0iW+ +b.. foes -,1-27 3p 2 tN 051927 i 3N oy�2i] a-e,
fiaa 2 sx, +#►119 ' 7
Re- � Im
7a+la 2 e`A 131.,aa T JH 2
tea Subdivision Plan
Bars# Ventures Ltd. Svtd3vt9ion,
_ = '36°'0° MiII1+�gaville, fi
City of Saint John.
5dint John County, New Brunswick. >f
4; _. _ swN a••n e..r !way Z.W d C—A -
e ._.... a► or b-41.M r, rwaw 0Y19� 11PR969i &- —C WYMA7M7 INC. e
�..�_ .� 4•l•.W fi.a.alb ( %—fld W 0* -U021-4
1214 r
!!avid V. PssYkdll ig[
� _.__.. _. s..4.. a..7fY..r r•,,.i r Srew apwrM% 16tH �<<•4P. 1 772 r
20 M _ on a6
Ya70 -'
tam `nO rpwST Q
.Y4 � 1D -ari-�L `�0 Yld�lt
113
rn
SCREDrULE '"B"
Terms and conditions for Easement shown as "10.00 metre wide Easement reserved for
collection and drainage of surfaceJstorm waters" as shown on Schedule "An (the "Easement
Lands ").
An easement and rights at the cost, risk and expense of the Transfemr, Barsa 'Ventures Ltd,, its
successors and assigns, by its officers, servants, agents, contractors and workers to enter the
Easement Lands with machinery, materials, vehicles and equipment and to construct, alter,
maintain, inspect and repair ditches and like artificial water channels including all related works
appurtenant thereto, promptly restoring as far as is practicable the surface of the lands to be the
same condition as it was prior to the commencement of the work or excavation together with
right by action or otherwise at any time to enjoin the Transferee, The City of Saint John, its
successors and assigns, including the successors and assignees of the Transferee, from locating
on the Easement Lands any building, structure or other obstacle which could impair the free or
Rill use of the easement or permitting the erection or location thereon of any such building,
structure or other obstacle, provided however that the Transferee, at its sole discretion, may
decrease the length of the 10,00 metre wide easement as the Transferee expands the pond located
on Schedule "B"
5414
SC$EDULE "C"
The restrictions hereinafter set out shall be stipulated as Schedule "E" restrictions in the deed
from The City of Saint John to Barsa Ventures Ltd. for PID #55224794.
Restrictions
1. The lands described in Schedule "A" (of the within Deed) shall not be used for
commercial anchor industrial purpose; use shall be restricted solely to a single family residence
with detached subordinate buildings, not used for human habitation, the use of which is
naturally or customarily incidental and complementary to a single family residence.
2. The clearing/cutting of any vegetation upon the lands described in Schedule "A" (of the
within Deed) shall be sufficient only to permit the construction permitted in clause 1 above and
for no other purpose.
I The lands described in Schedule "A" (of the within Deed) shall not be subdivided without
the prior written consent of the Grantor.
9415
Im w A .
December 22, 2014
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: City Market Stall A
The Committee of the Whole, having met on December 22, 2014, adopted the following
resolution:
"RESOLVED that the recommendation made by the Committee of the Whole having met on
December 22, 2014, respecting distraint for arrears in rent of City owned property, being City
Market Stall A, be adopted."
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
116