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2015-01-19_Agenda Packet--Dossier de l'ordre du jourr City of Saint John Common Council Meeting AGENDA Monday, January 19, 2015 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of January 5, 2015 2 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Designation of By -Law Enforcement Officer (Recommendation in Report) 12-15 5.2 Appointment of Jeremiah Miller as By -Law Enforcement 16-16 Officer (Recommendation in Report) 5.3 Consent Agreement for proposed Encroachment of Maritimes & Northeast 17-70 Pipeline KP 92.200 (Recommendation in Report) 5.4 Highway Usage Permit Transfield Dexter Gateway Services Limited Route 1 71 -120 (Recommendation in Report) 5.5 Contract No. 2013-2: Dever Road - Sanitary Lift Station "Y" Replacement 121 -123 (Recommendation in Report) 5.6 Province Seeking Permission to Conduct Geotechnical Investigation on Portion 124-128 of Riverview Park - Douglas Avenue (Recommendation in Report) 6. Members Comments 1 Powered By; Xfl E" 7. Proclamation 7.1 Eating Disorder Awareness Week 129-129 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Third Reading Business Improvement Levy ByLaw 130-131 11. Submissions by Council Members 11.1 Municipal Services to Private Roads (Deputy Mayor Rinehart) 132-132 11.2 Quarterly Reporting Requirements (Deputy Mayor Rinehart) 133-133 11.3 Marco Polo Project Location (Mayor Norton) 134-134 11.4 Electronic Car Charging Stations (Mayor Norton) 135-135 11.5 Update on the City of Saint John's Accessibility Initiatives (Mayor Norton) 136-136 11.6 Meeting with our Local MLAs (Councillor McAlary) 137-137 12. Business Matters - Municipal Officers 12.1 Demolition of the vacant, dilapidated, abandoned and hazardous buildings at 138-172 236 Brittain Street 12.2 Compliance with all Section 39 Conidtions Leinster Court Apartments: 55 173-177 Leinster Street 12.3 Saint John Building By -Law Amendment - latest version of National Building 178-181 Code of Canada and Barrier -Free Design Building Code Regulation (1st and 2nd Reading) 12.4 Accessibility and the City of Saint John 13. Committee Reports 13.1 Municipal Grants Committee - Additional Funding to Community Grants 182-183 Program 13.2 Saint John Board of Police Commissioners - Saint John Police Force Program 184-193 and Services Update 13.3 Saint John Board of Police Commissioners - 2015 Executive 194-194 14. Consideration of Issues Separated from Consent Agenda 1 15. General Correspondence 16. Supplemental Agenda 16.1 Letters of Opposition concerning Expansion of Museum 195-205 16.2 Letter from NB Museum re Collections Centre 17. Committee of the Whole 206-207 17.1 Executive Recruitment Services - Position of City Manager 208-208 17.2 Boaz Restaurant - Lease Revisions 18. Adjournment 3 209-209 City of Saint John Common Council Meeting Monday, January 19, 2015 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Labour Matter 10.2(4)0) 1.6 Financial Matter 10.2(4)(c) 1.7 Legal Opinion 10.2(4)(f) 1.8 Financial Matter 10.2(4)(c) 1.9 Financial Matter 10.2(4)(c) 1.10 Legal Matter 10.2(4)(f) 1.11 Land Matter 10.2(4)(d) 99 - COMMON COUNCILlCONSEIL COMMUNAL JANUARY 5, 20151LE 5 JANVIER 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 5, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and B. Edwards, Acting City Manager 1 Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; C. Graham, Comptroller, Finance and Administration; K. Clifford, Fire Chief; J. Hamilton, Commissioner Growth and Community Development; P. Ouellette, Executive Director; N. Jacobsen, Commissioner Strategic Services; M. King, Sgt. -at - Arms; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and the Rev. Dan Lamos offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of December 22, 2014 On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on December 22, 2014 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2014- 232: Renewal of Lease of Land, Rogers Wireless Spruce Lake Area - PID #5518318: 1. The rent for the first year of the five (5) year term beginning January 1, 2016 under the lease between The City of Saint John and Rogers Wireless Inc. (now Rogers Communications Inc.) dated May 3, 2006 shall be $4,125.00 (plus H.S.T. if applicable) and all remaining terms and conditions of the lease remain unchanged; and 2. The Mayor and Common Clerk be authorized to execute the renewal documentation. 5.2 That as recommended by the City Manager in the submitted report M&C 2015- 001: Proposed Public Hearing Date — 27 Cliff Street and 2086 Ocean Westway, Common Council schedule the public hearings for the rezoning applications of St. Vincent's Apartments Inc. (27 Cliff Street), and Alan Williams & Karen Connell (2086 Ocean Westway) for Monday, February 2, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. I 99 - COMMON COUNCIUCONSIEIL COMMUNAL JANUARY 5, 2015/LE 5 JANVIER 2015 5.3 That the letter from Cherry Brook Zoo be referred to the Grant Evaluation Committee. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 10. Consideration of By-laws (Councillors Strowbridge and Merrithew withdrew from the meeting) 10.1 Proposed Third Reading Zoning ByLaw Amendment — 431 Eldersley Avenue 10.1.1 Section 39 Conditions — 431 Eldersley Avenue On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", 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), be read. Question being taken, the motion was carried. The by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED 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. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", 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), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By -Law Number C.P 111-1, A Law to Amend the Zoning By -Law of The City of Saint John" 3 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 20151LE 5 JANVIER 2015 10.2 Proposed Third Reading - Stop Up and Close Sears Street On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by-law entitled, "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" with regard to Sears Street, be read. Question being taken, the motion was carried. The by-law entitled, "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", was read in its entirety. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by-law entitled, "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" with regard to Sears Street, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "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". (Councillors Strowbridge and Merrithew re-entered the meeting.) 11. Submissions by Council Members 11.1 ABC/Appointee Reporting (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that: The City Manager direct the Common Clerk to work with the Nominating Committee to identify all Agencies, Boards and Commissions funded from the City of Saint John and all individuals appointed to agencies, boards, commissions and committees by the Common Council of the City of Saint John. And that the City Manager direct the Common Clerk to schedule these entities and individuals to appear in front of Council at least once per year (additional appearances can be requested at the discretion of Council) to provide an update to Council. These presentations should be no more than 15 minutes in length with an appropriate amount of time allowed for questions. These presentations should be scheduled once per month at the Council meeting where a public hearing has not been previously scheduled. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Proposed Amendment to the Business Improvement Levy By -Law The Common Clerk advised that the necessary advertising is complete with regard to the Business Improvement Levy and that there were no objections received, and that the amount of $0.16 per $100 of assessment for 2015 is the same as last year. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the submitted 2015 budget to the Business Improvement Area as follows: 11 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 20151LE 5 JANVIER 2015 REVENUE Special BIA Levy $ 416,586.00 EXPENDITURES Clean & Safe Programs $ 5,000.00 Communications & Marketing 75,000.00 Development Initiatives 39,086.00 Operating & Office 69,700.00 Payroll & Benefits 164,300.00 Professional Fees 13,500.00 Subtotal $ 366.586.00 Strategic Membership Initiatives 50,000.00 TOTAL 416 586.00 Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that by the -law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars of assessed value, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that by the -law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law', by applying a levy of 16 cents for each one hundred dollars of assessed value, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend By -Law Number BIA- 2, Business Improvement Levy By -Law." 11.2 Hiring Freeze (Councillor Farren) The City Manager commented that the administration would be pleased to provide regular reporting to council on hiring done by City management. On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the City Manager be directed to provide regular reporting to Common Council on the hiring done by City management. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Retaining Wall Inspection Best Management Practice On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M&C 2094-220: Retaining Wall Inspection Best Management Practice, Common Council endorse the implementation of the Retaining Wall Best Management Practice. Question being taken, the motion was carried. 5 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 201 6/1-E 5 JANVIER 2015 12.2 2013-2014 Winter Management Plan Review and Update On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that in the submitted report M&C 2014-221: 2013-2014 Winter Management Plan Review and Update, be received for information. Question being taken, the motion was carried. 13. Committee Report 13.1 Planning Advisory Committee: Concerns regarding recent amendments to the Saint John Primary Development Area (PDA) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the submitted report entitled Planning Advisory Committee: Concerns regarding recent amendments to the Saint John Primary Development Area (PDA), be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the meeting of January 5, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:20 p.m. Mayor 1 maire Common Clerk 1 greffier communal X 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 20151LE 5 JANVIER 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 5, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - B. Edwards, Acting City Manager 1 Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; C. Graham, Comptroller, Finance and Administration; K. Clifford, Fire Chief; J. Hamilton, Commissioner Growth and Community Development; P. Ouellette, Executive Director; N. Jacobsen, Commissioner Strategic Services; M. King, Sgt. -at - Arms; J. Taylor, Common Clerk; P. Anqlin, Deputy Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and the Rev. Dan Lamos offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of December 22, 2014 On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on December 22, 2014 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2014- 232: Renewal of Lease of Land, Rogers Wireless Spruce Lake Area - PID #5598318: 1. The rent for the first year of the five (5) year term beginning January 1, 2016 under the lease between The City of Saint John and Rogers Wireless Inc. (now Rogers Communications Inc.) dated May 3, 2006 shall be $4,125.00 (plus H.S.T. if applicable) and all remaining terms and conditions of the lease remain unchanged; and 2. The Mayor and Common Clerk be authorized to execute the renewal documentation. 5.2 That as recommended by the City Manager in the submitted report M&C 2015- 001: Proposed Public Hearing Date — 27 Cliff Street and 2086 Ocean Westway, Common Council schedule the public hearings for the rezoning applications of St. Vincent's Apartments Inc. (27 Cliff Street), and Alan Williams & Karen Connell (2086 Ocean Westway) for Monday, February 2, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 7 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5. 2015ILE 5 JANVIER 2015 5.3 That the letter from Cherry Brook Zoo be referred to the Grant Evaluation Committee. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 10. Consideration of By-laws (Councillors Strowbridge and Merrithew withdrew from the meeting) 10.1 Proposed Third Reading Zoning ByLaw Amendment— 431 Eldersley Avenue 10.1 .1 Section 39 Conditions — 431 Eldersley Avenue On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", 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), be read. Question being taken, the motion was carried. The by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED 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. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By -Law Number C.P. 111-1, A Law to Amend the Zoning By -Law of The City of Saint John", 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), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By -Law Number C.P 111-1, A Law to Amend the Zoning By -Law of The City of Saint John" n. 99 - COMMON COUNCIUCONSEIL COMMUNAL JANUARY 5, 2015/LE 5 JANVIER 2015 10.2 Proposed Third Reading — Stop Up and Close Sears Street On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by-law entitled, "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" with regard to Sears Street, be read. Question being taken, the motion was carried. The by-law entitled, "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", was read in its entirety. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by-law entitled, "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" with regard to Sears Street, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "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". (Councillors Strowbridge and Merrithew re-entered the meeting.) 11. Submissions by Council Members 11.1 ABC/Appointee Reporting (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that: The City Manager direct the Common Clerk to work with the Nominating Committee to identify all Agencies, Boards and Commissions funded from the City of Saint John and all individuals appointed to agencies, boards, commissions and committees by the Common Council of the City of Saint John. And that the City Manager direct the Common Clerk to schedule these entities and individuals to appear in front of Council at least once per year (additional appearances can be requested at the discretion of Council) to provide an update to Council. These presentations should be no more than 15 minutes in length with an appropriate amount of time allowed for questions. These presentations should be scheduled once per month at the Council meeting where a public hearing has not been previously scheduled. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Proposed Amendment to the Business Improvement Levy By -Lava The Common Clerk advised that the necessary advertising is complete with regard to the Business Improvement Levy and that there were no objections received, and that the amount of $0.16 per $100 of assessment for 2015 is the same as last year. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the submitted 2015 budget to the Business Improvement Area as follows: 9 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 201 51L 5 JANVIER 2015 REVENUE Special BIA Levy $ 416,586.00 EXPENDITURES Clean & Safe Programs $ 5,000.00 Communications & Marketing 75,000.00 Development Initiatives 39,086.00 Operating & Office 69,700.00 Payroll & Benefits 164,300.00 Professional Fees 13.500.00 Subtotal $ 366.586.00 Strategic Membership Initiatives 50,000.00 TOTAL $ 416.586.00 Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that by the -law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Lave', by applying a levy of 16 cents for each one hundred dollars of assessed value, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Law." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that by the -law entitled, "A Law to Amend By -Law Number BIA-2, Business Improvement Levy By -Lave', by applying a levy of 16 cents for each one hundred dollars of assessed value, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend By -Law Number BIA- 2, Business Improvement Levy By -Law." 11.2 Hiring Freeze (Councillor Farren) The City Manager commented that the administration would be pleased to provide regular reporting to council on hiring done by City management. On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the City Manager be directed to provide regular reporting to Common Council on the hiring done by City management. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Retaining Wall Inspection Best Management Practice On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M&C 2094-220. Retaining Wali Inspection Best Management Practice, Common Council endorse the implementation of the Retaining Wall Best Management Practice. Question being taken, the motion was carried. 10 99 - COMMON COUNCILICONSEIL COMMUNAL JANUARY 5, 2015/LE 5 JANVIER 2015 12.2 2013-2014 Winter Management Plan Review and Update On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that in the submitted report M&C 2014-221: 2013-2014 Winter Management Plan Review and Update, be received for information. Question being taken, the motion was carried. 13. Committee Report 13.1 Planning Advisory Committee: Concerns regarding recent amendments to the Saint John Primary Development Area (PDA) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the submitted report entitled Planning Advisory Committee: Concerns regarding recent amendments to the Saint John Primary Development Area (PDA), be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor Farren Seconded by Councillor Strowbridge adjourned. RESOLVED that the meeting of January 5, 2015 be Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:20 p.m. Mayor 1 maire Common Clerk 1 greffier communal 11 REPORT TO COMMON COUNCIL OPEN OPEN SESSION M&C2015-004 January 12, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Designation of By-law Enforcement Officer BACKGROUND e"61111_ - City of Saint John From time to time, due to staff reassignments and by-law updates, it is necessary to update the designations of appropriate individuals as By-law Enforcement Officers for the various by-laws administered and enforced by Growth and Community Development Services. It is necessary at this time to designate Katelyn Davis as a By-law Enforcement Officer for the purposes of carrying out her duties by adopting the attached resolution. In doing so, Ms. Davis is designated and authorized to: Lay informations in the Provincial Court of New Brunswick with respect to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law; Issue Notices to Comply with respect to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and; Issue POPA tickets for violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. 12 M & C 2015 — 004 - 2 - January 12, 2015 RESOLUTION Your City Manager recommends that Common Council adopt the attached resolution. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services J. Patrick Woods, CGA City Manager Attachment 13 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Municipalities Act, including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-lavW') and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS subsection 190.01(3) of the Municipalities Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 190.01(1), 190.01(1.1) or 190.01(2) of the said Act; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Katelyn Davis is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Katelyn Davis is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures 14 that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Katelyn Davis is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS subsection 100.2(a) of the Municipalities Act provides that offences under subsection 94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by-law under subsection 94(1) or 94(3) or section 190 of the Municipalities Act, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; AND WHEREAS subsection 100.2(b) of the Municipalities Act provides that a by-law enforcement officer appointed under section 14 of the Police Act, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in subsection 100.2(a) of the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Katelyn Davis is hereby designated and authorized as a person to serve tickets in respect to offences referred to in paragraph 100.2(x) of the Municipalities Act, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 15 Saint John Parking Commission Commission sur le stationnement de Saint John January 12, 2015 Mayor Mel Norton and Members of Common Council City of Saint John Stn Floor, City Hall Saint John, NB Mayor Norton and Members of Common Council: 11th Floor, City Ball, f lieme Etage, H6tel de Ville Pb, Box 1971 / CR 1971 Saint John, N.B./N.-B. E21L 41-1 Tel / T61: (506) 658-2897 Fax/ Telecopieur: (506) 649-7938 E-mail / Courriel: parking@saintjohn.ca RE; Appointment of Jeremiah Miller Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be approved: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 1S and Section 16 of the Saint John Traffic By -Law, namely: Jeremiah Miller. And further, that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours tru Ric and J. Smith G eral Manager RJS/vf www.sainIAhn.ca REPORT TO COMMON COUNCIL M&C2015-03 January 7, 2015 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, The City of Saw John SUBJECT: Consent Agreement for proposed Encroachment of Maritimes & Northeast Pipeline KP 92.200 BACKGROUND The approved General Fund Capital Programs include projects for the design and construction of Honeysuckle/Sherbrooke Drainage Basin Storm Sewer Improvements projects. The proposed work includes the installation of a 300mm diameter gravity sewer as part of the Honeysuckle/Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3, which will cross the Maritimes & Northeast Pipeline's natural gas pipeline located at KP 92.200 near Beaver Court. Maritimes & Northeast Pipeline have reviewed the City's design drawings and have no objection to the crossing. A Consent Agreement is required. Maritimes & Northeast Pipeline has delivered to the City the required Agreement. Staff reviewed the Agreement and there are no concerns or objections. The purpose of this report is to present the Agreement to Common Council for its consideration. RECOMMENDATION That the City of Saint John enter into a Consent Agreement with Maritimes & Northeast Pipeline subject to the terms and conditions in the attached Agreement, for the purposes of facilitating the gravity sewer installation as part of the Honeysuckle/Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3 project and that the Mayor and Common Clerk execute the said agreement. Res�ect y s omitted, ki Michael Baker, P. Eng. Municipal Engineer Wm. Edwards, P. En Commissioner, Transportation and Environment 17 Bri�nKl enan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager December 23, 2014 John Campbell, P Eng. Project Engineer Municipal Operations and Engineering City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 SUBJECT: Consent Agreement for your proposed Encroachment of Maritimes & Northeast Pipeline Saint John Lateral 16" at approximately KP 92.200, in the County of St. John, in the Province of New Brunswick Maritimes & Northeast Pipeline "The Company" has reviewed the proposed Encroachment and will consent to it. In consideration of the Company consenting to the Encroachment, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A", attached hereto; %. That you and your contractor will install the Encroachment Strictly in the manner described in the Company's Transmission Guideline TG -IOC, attached hereto; 3. That the Encroachment will be designed and constructed strictly in accordance with your drawings 4 and 5 of file E027-002, approved by the Company attached as hereto; 4 That the Encroachment will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5, That as per Schedule "A", Section 5, Encroacher shall submit certificates or other evidence of such current insurance to the Company poor to any work commencing for the Encroachment Please sign and return all four (4) copies of the agreement, including the four (4) copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two (2) for your use Please ensure that a copy is sent to the persons who will be performing this work and that it is available "on-site". Installation of the Encroachment can then proceed after giNing a minimum of three (3) business days advance notice to Andrew Langille at 506 461. 5681 or our Maritimes & Northeast Pipeline call centre at 1 888 444 6677. This Encroachment Agreement and Schedule "A", TG -10C and any attachments constitute the entire Encroachment Agreement between the Company and the Encroacher and any change or alteration hereof shall be made in writing between the parties. in Yours very truly, Andrew Langille, M.Sc , P Geo. Lands, Public .Awareness and Emergency Planning Coordinator Read and agreed to at Saint John, New Brunswick, this _ day of , 2015 ENCROACHER: THE CITY OF SAINT .JOHN Mayer Common Clerk Common Council Resolution - ,2015 19 SCHEDULE 'A' General Conditions for Encroachment Consent 1. In this agreement. (a) the term "Encroacher" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contiactor" means the person(s) who wnstructs and installs the Facility; (c) the term "Facility" refers to the works of the Encroacher as described in the covering letter -agreement to this Schedule; (d) the term " Encroachment" refers to the Encroachment of the Company's pipeline(s) by the Facility at the location described in the covering letter - agreement to this Schedule. 2. The Company consents to the Encroachment to the extent that it has the right to do so and the Encroacher shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility 3. Encroacher agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Encroacher agrees to indemnify and save harmlcess the Company against any claims, demands, actions, sluts, proceedings, damages, injuries ('including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5 In connection with Clause 4, above, Encroacher, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ("owned" and "non -owned") with an inclusive limit for bodily injury (including passcngcrs) and property damage of One Million dollars ($1,000,000 00). Encroacher shall submit certificates or other evidence of such insurance to the Company prior to any work commencing for the Encroachment. 6 Encroacher agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly qualified contractor(si and to ensure that said contractor(s) complies with all terms and conditions of this agreement. 20 7. The Encroacher shall pay forthwith upon presentation of an invoice by the Company, all reasonable costs incurred by the Company for. (a) Review, approval and inspection of the Encroachment; (b) Reinforcing, modifying or relocating the Company's pipelines) to accommodate the installation of Encroacher's Facility or the maintenance and repair of its Facility, (c) Any reasonable incremental costs inured by the Company in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Encroachment. S The terms and conditions of this consent shall apply to the construction and installation of the Facility and any future maintenance work that may be required. 9 This consent is for the Facility only as approved by the Company and any additional works or facilities proposed by the Encroacher shall be the subject of a separate agreement. 10 Encroacher hereby agrees and acknowledges that its rights in the Encroachment are subordinate to the easement agreement(s) of the Company that have been registered or obtained prior to this date and Encroacher shall cooperate with all reasonable requests made by the Company related to the operation. maintenance and repair of the Company's pipelme(s) within the easement(s). 11. In the case of default by the Encroacher to carry out any of the provisions of this agreement or if the condition of Encroacher's Facility has deteriorated and adversely affects the operation of the Company's pipeline(s), the Company may give written notice thereof. If the Encroacher fails to take all reasonable steps to remedy the default or the dewrioratron of the Facility within fifteen (15) days after receipt of the written notice by the Company, the Company may take such steps necessary to remedy the default or deterioration and Encroacher shall be liable for and shall pay forthwith all reasonable costs incurred by the Company in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsm-ule to the addresses shown on the covering letter --agreement and shall be deemed to be received on the fifth (5a') day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Encroachment is situated. 14 Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other pay 21 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Encroachei has not completed the construction and installation of the Facility and restoration of the lands affected by the Encroachment, or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to the Company and the owner of the property where the Encroachment is situated. 16 If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall iemain in full force and effect. 22 Maritimes & Northeast Pipeline.�. emission GuHeH" `�-' Te hniral m anarwl Guideline Name: Requirements for ConstructionCYWdeliw Number: TG-o10C Near ComBrines nom: OMOA012 I Page: I of 46 1.0 PURPOSE This guideline presents the requirements for construction activities in the vicinity of Maritimes and Northeast Pipeline's pipeline(s) or pipeline right--of-way and the movement of heavy vehicles or mobile equipment within or across the right-of-way by parties other than Maritimes and Northeast Pipeline. Maritimes and Northeast Pipeline is herein referred to as the Company and includes Spectra Energy as the operator. These requirements are general in nature whereby specific circumstances may necessitate special considerations. These requirements have been developed to meet Section 5 of the National Energy Board's (NEB) Pipeline Crossing Regulations, Part II. Information regarding the approval and timing of applications depend on the nature of the encroachment under consideration and is included in this document, if you have any questions regarding this information, how it relates to your encroachment request, or for any other assistance, please call the Company at the nearest Operations Centre listed below: Fredericton Operations Centre 26 Alison Boulevard Fredericton, NB E3C 2N3 (506) 462-4800 (telephone) (506) 462-4811 (fax) Attention: Lands, Emergency Planning and Public Awareness Coordinator Or New Glasgow Operations Centre C cwrR!(iH4'SpzcnuENSRar CDar2M7AURiG ns xux&v8D AMQDINWM4FANYPMn0NM9FKW LYPkO ArrXD 23 Mew+i+lMtnaQ RY 7vTnr•thasaet Virrali>1ra 1*0 r °. �'_; Trcmararxaian Guidelines LY awa WMJLAaw M~ i x vc wavr1ft7 a. s a j+vJ A - Av .W;r A! Technual Mau d Guideline Name: Requirements for Construction Guideline Number: TG010C Near Cam an alines nate: OMM012 I rage: 2 of 46 80 Terra Cotta Drive New Glasgow, NS B2H 6A7 (902) 755-1910 (telephone) (902) 755-3330 (fax) Attention: Lands, Emergency Planning and Public Awareness Coordinator Contractors considering excavation activities within 30 metres of the Company's pipeline right-of-way are encouraged to obtain a copy of the NEB Pipeline Crossing Regulations and Excavation and Construction Near Pipelines documents available on the NEB website (wwv.neb-one.gc_ca) , In accordance with Section 112 of the National Energy Board ("NEB") Act, the unauthorized crossing or construction or excavation across, on, along or under a right -of -rosy or excavation using power -operated (mechanical) equipment or explosivea within the 30 metre (100 ft) safety zone is illegal. The following areas are addressed. 1.0 Purpose 2.0 Pre -Construction Approvals and Notifications 3.0 Site Visits To Locate Facilities 4.0 Items to be Provided for Review Process 5.0 General Requirements 6.0 Excavation 7.0 Blasting 8.0 Facility Crossings Appendix A - Drawing Requirements Appendix B - Typical Crossing Drawings DwrYRl mT5PBcnuRmgwYC6&P2009AuxwRaItmKm REPRODOCITOINOFANYPOMIMNE STAWnYPAVIMNITED 24 MIT-* Maritime -P. Rr. Nnrthpact Pinplirfp se.. TrawndxximGW&Una Technical Manual Guideline Name: Requirements for Construction Guideline Numbw: TG -0100 Near Com 'eiines Date: 06/20/2012 1 Page: 3 of 46 Appendix C - Forms and Agreements Appendix D - Summary Checklist For Potential Excavators If any of the conditions stated in this document can not be satisfied, the Company representative shall be advised immediately. 2.0 PRE -CONSTRUCTION APPROVALS AND NOTIFICATIONS 2.1 Activ_itiae Requiring Company Approval Prior to commencing work, the encroaching party (Encroacher) will require the Company's written permission for any proposed excavation, construction or temporary crossing upon, along, over, under or across the Company's pipeline or pipeline right-of-way as described below. ■ Crossing with anything larger than a standard passenger vehicle or mobile equipment outside the traveled portion of a highway or public road. (Normal farming activities are not covered by this guideline. Refer to the Company's TG - 11.3, "Evaluation of shallow Cover in Cultivated Fields" and the Company's Lands, Emergency Planning and Public Awareness Coordinator.) * Construction of a facility such as: ■ New permanent buried facilities -- water, gas, oil, sewer, electrical, fiber optic, drains, etc. ■ New permanent aboveground facilities - power, telecommunication, cable tv, etc_ M New road or railroad installations or improvements New developments, grade changes, structures, parking areas, ditches, etc. Z QDMWHr SPMM ENEMYCORP M7AU RMHMXMMVm RMX0VUMWV0PAWP0RinWffffWC bYPRO 25 GwMines Maritimes & Northeast Pipeline ��h Guideline Name: Requirements for Construction jGWdeHneNwnbw.TCO1OC Near Company ' edines Date: O&2OnO12 Page: 4 of 46 Minor excavation activities - fences, trees, facility maintenance, etc. Excavation using explosives or power -operated (mechanical) equipment within the Company's pipeline right -of --way or within the NEB 30 metre safety zone. Seismic activity within 40 metres of the Company's pipeline right-of-way If the Encroacher is considering an activity which is not listed above, they should contact the Company representative to determine if their activity requires written permission and subsequent approval. 2.2 Request for Encroachment The Encroacher shall contact the Company to discuss details of the proposed Construction or crossing activity and the information required for the Company's review. Copies of any proposed plans and/or drawings prepared in accordance with Appendix A - Drawing Requirements may be required for certain construction or encroachment activities and shall be submitted to the Company for review with the Encroacher'$ request. Examples of various types of crossing drawings are shown in Appendix B - Typical Crossing Drawings. 2.3 CM2any Response for Encroachment Requests Where the Company receives a request for permission for construction, excavation or crossing activities pursuant to paragraph 4(b) or 6(b) of the Rational Energy Board Pipeline Crossing Regulations, Part I, the Company will inform the MWRW[ TIQNOAWPpRrAMM.N?"C LYPMMXV D 26 Maritimes & Northeast Pipeline � ,� T , ed M anad Guideline Name: Requirements for Construction Guideline Number: TG -010C - -- Near Company Pipelines I Daft: 06/M012 I Page: 5 of 46 Encroacher within 10 working days of receiving the request, of whether or not permission, is granted. Additional time for technical analysis may be needed for certain construction projects affecting the integrity of the Company's pipeline(s). The Company representative will make a determination of the complexity of the proposed activity and the level of Company approval required. 2.3.1 High Risk -or Complex Activity Approval If the encroachment is approved, the Encroacher will be required to execute an Encroachment Agreement outlining the Company's requirements and conditions prior to beginning any work (See Appendix C). If the encroachment is refused, the Encroacher will be provided with the reasons for refusal. The Encroacher then has the right to contact the NEB to review the request as provided by the NES Act, Section 112 The Encroachment Agreement must be completed, executed by both parties and returned to the Company prior to initiating any work. Additionally, three (3) working days (72 hours) notice is required before any activities can begin on site so that the Company may locate its pipeline(s) and have a field representative present during any excavation or construction activities. 2.3.2 Low Risk Activity Approval Approval for certain low risk encroachment activities will require the Encroacher to complete an On -Site Approval Agreement (Form 142) outlining the Company's requirements REfflWf%7 dVQPANYFi4NM!SSRRWnYP1tOHWTED 27 Maritimes & Nzrtheast Pipeline u-j � Trian M&Siari caaaf m P TahnkdMosud GWdellne Name: Requirements for Construction GuideHw Number: TG-010C Near Company Pipelines I nate: 0&2442012 I Page: 6 of 46 and conditions prior to beginning any work. The On -Site Approval Agreement form must be completed, executed by both partied and returned to the Company prior to initiating any work. Additionally, three (3) working days (72 hours) notice is required before any activities can begin on site so that the Company may locate its pipeline(s) and have a field representative present during any excavation or construction activities, 2.3.3 Emergency Activity Approval In the case of emergency repairs to critical public infrastructure or for public safety where it is not practicable to undergo the standard 72 hour notification process, the Encroacher will be required to complete an Emergency Work Request Agreement (Form 200). 3.0 SITE VISITS TO LOCATE FACILITIES 3.1 The Company considers it essential that landowners, builders, utility companies, developers and contractors know the location and depth of the Company's pipeline (s) and requires that the pipeline (s) be shown on any plans or drawings_ 3.2 If requested, the Company will field locate and mark its pipeline(s) at selected points in accordance with federal, provincial and local requirements at no cost to the contractor, developer, builder, utility company, or landowner. However, if the Company representative requires the pipeline be located by excavation, the cost to excavate the pipeline and restore surface ® COPYIe W SPBCM H`NMW CORP WUAU JMM BB E"M MWfiW667YdEW0PAMMfi YONffSMCTLYPWff1BMW M MnAtimp.c & Wn-. tltpQct Pinplinp zg Trawm&AmGasUxa _Jr_----_ .,.., t Techaka[Manud Guideline Name: Requirements for Construction Guideline Number; TG410C Near Company ' elines Date: 06iA0/= I rage: 7 of 46 improvements (e.g., pavement, landscaping, and sidewalks) shall be the responsibility of the contractor, developer, builder, utility company, or landowner. Note: A Company representative must be present during any excavation to expose the pipeline. During this period, accurate survey data of the Company's pipeline (s) shall be obtained by a qualified surveyor provided by the contractor, builder, developer, utility company, or landowner for the preparation of plans, sections, and profile drawings. 3.3 In addition to complying with the above requirements, developers, contractors, builders, utility companies, and landowners shall comply with the provisions of all federal, provincial and/or local one -call regulations relating to excavation and demolition work in the vicinity of underground facilities. 4.0 ITMM TO BE PROVIDED FOR RMEW PROCESS simple residential driveways or utility crossings of the pipeline right-of-way may not be subject to all of the requirements of this section. The Company's Lands, Emergency Planning and Public Awareness Coordinator will determine what information is required to be submitted for review by the Company on a case by case basis. At a minimum she following information shall be provided with a request to the Company to determine if equipment crossings and associated construction activity can be approved. a drawing or sketch showing the pipeline in relation to the proposed construction activity o excavation plan including the method of installation of all 0cvPmrffrSPEcmENxxGYCoxP2007AuxICiHTSxxSB M xEPMW EFCHM OF ANY POR rlON lS SI NCTLYPxOHMMAD 29 r w mission Giae�es Maritf�nae Ar Nnvthpaet Pinplina i,: i, N't k -r - Guideline Mame: Requirements for Construction Guld"e Number: TG -0100 Near Com alt Pialines Date: OWW012 Pap: 8 of 46 foreign facility crossings • equipment description with weights and track/tire dimensions of any equipment that may be need to cross the pipeline during construction activity In. addition, any construction activity that requires the submission of drawings to a permitting agency for construction adjacent to or encroaching on the Company's pipeline or pipeline right-of-way rust include the information regarding Company facilities and pipeline right -of --way specified in this section. 4.1 Upon review of this specification and the incorporation of all applicable requirements, a complete set of design drawings showing existing conditions and proposed alterations shall be submitted to the Company for review. 4,2 Upon final approval from the Company, tour (4) sets of the final (definitive) design drawings and an electronic copy shall be provided to the Company. The Encroacher shall provide as -built drawings of all installations to the Company within 45 days after completion of the project 4.3 The Company's pipeline(s) and pipeline right-of-way limits shall be accurately shown on all drawings. Upon 72 hours advance notice, Company personnel will locate and mark the location of the Company's pipeline (s) . The Encroacher's survey crew can then accurately locate the facility by a field survey. 0COPMGHT9PWMEA=WCORP2WALZRfQMMIMED RBPRWUCMN OFANYPORTIOpA W 9rRXTLYPJtQ!ll8 = 30 Matritimou Per N r0ma+ggif- Pirnalira !&V 0 TramminionGui&Uxas &V 41600 -.n LMLA.A7 ,.A. i IL vr. aAA%0V sv.. s ar%eaaaav V, -JE .W Technkul Maraud GuMeline Name: Requirements for Construction coiaet;ne Number: TG -0100 Near Compmy fteUnes Date: M20M12 I Pop: 9 of 46 4.4 The Encroacher's survey crew will be responsible for laying out the proposed foreign facility in the field and locating the Company's facility horizontally and vertically, accurately representing it in the plan and profile views on the drawing(s) per the requirements in Appendix A. The Company's Region Technical Staff will evaluate field data to determine whether additional design requirements are necessary for areas of proposed equipment/vehicular travel. S. a GMERAL MUIREKMTS 5.1 For encroachments within the Company's pipeline right- of-way, the Encroacher shall maintain the integrity of the Company's pipeline(s) by ensuring the Company's pipeline is in compliance with the specifications and requirements of the current edition of CSA 2662 and other local/provincial regulations 5.2 No buildings, structures or other obstructions may be erected within, above or below the pipeline right-of- way. If requested, the Company will furnish pipeline easement information which describes the pipeline right-of-way width. 5.3 Wire type, stockade, decorative and similar type fencing that can be easily removed and replaced may cross the pipeline right-of-way at or near right angles. Fences crossing the pipeline right--of-way must have a 3.7 m (12 ft) gate for access. No fence shall be allowed within the Company's pipeline right-of-way parallel to the Company's pipeline(s)., 0carmmarSracrxAF macrCaar2MAuxrcmxasaym REMDVMONOAA"MRFIax & STNMYMeoMBffan 31 Marifimpe R, N_nrfhparf Pinsilinp n., _ D- a nission Guidelines ieChydeal Manual GuideIine Name: Requirements for COMIMCiton Gmddm Neer. TG-oloC Near Company Pipelines I Ds": aar2or U I Pqe: 10 of 46 5.4 Planting of trees is not permitted on the pipeline right-of-way. The Company may side trim trees that overhang the Company pipeline right-of-way to eliminate obstruction of right-of-way visibility from the ground or air. In certain situations, some trees may be allowed as defined in the landowner letter of commitments. 5.5 Planting of shrubs, bushes or other plants associated with landscaping on the Company's pipeline right-of-way is subject to Company approval and shall not exceed 1.2 m (4 ft) in height at maturity. 5.5 No drainage swales and no reductions in grade are permitted on the Company's pipeline right-of-way. Limited additional fill may be deposited with prior written approval from the Company. Proposed landscaping grades shall provide 0.9 m (3 ft) minimum cover over the Company's facility. The Company shall determine the maximum cover allowed over a Company facility based on pipeline specifications and local conditions, including such issues as sail types. Proposed landscaping grades shall not exceed the Company's maximum allowable slope of 4:1 longitudinal with the facility and/or 8:1 Gross -slope. The Company reserves the right to modify these cover/grade requirements if deemed necessary. Proposed grades shall not restrict Company access to the right- of-way or cause ponding of surface water on the ACOPYRIGHT$PWMEMMYCORP2WAUMGM I2 MVM XVMWWTMOPANYPMUaV ISJFXWTLYIROMXrM 32 !' Tn msmiwwn Gufdehxes Mskritimpc ,Rr iVnrthpnct Pinplirp 'Vriift; Technical ltlanu d Guldelme Name: Requirements for Construction Guideline Number: TG -0100 Near Company Pi efines I Date: 0612012012 1 Page: 11 of 46 Company's pipeline right-of-way. Proposed grades shall not redirect the flow of water on to the Company's pipeline right-of-way or generate any amount of erosion on or near the Company's pipeline right-of-way. 5.7 A Company representative shall give prior approval for mobile equipment/vehicles to cross the Company's pipeline(s) at any location. Maximum and minimum depths of cover for all areas of equipment/vehicular travel (e.g., highways, roads, railroads, construction access, driveways, parking lots, etc.) will be determined by the Company and local, state, provincial and federal requirements. For this purpose, cover can be defined as the distance from the top of the pipe to the finished grade. Mitigative methods where the cover is insufficient will be determined on a case by case basis. Temporary bridging such as additional cover, construction mats, or temporary structural spans shall be installed for the protection of the Company pipeline at any point of construction equipment crossing unless approval to cross without protection is specifically granted by the Company.. 5.8 Test pits are performed to supply the contractor/developer with accurate elevations of the Company's pipeline(e) and to determine the quality of the fill material around the pipeline(s). At the discretion of the Company, test pits may be required in 0 COPYRIOHTSPACM ENEWYCORP2067AU RiGHTSAEMVED RSPRODUCHON OPANYPOMW ISSTRlCMY PROWDRED 33 Ulu 14-1 Muiri4-impc RT lEaTnr=-Tnps<ef Pinpiina :rrcr �. i�4i i..ifsa��M f�f F 1Vi riFVMiNr i i�/V V w- 'Y yy:" Lerihnica mim"d Guideline Name: Requirements for Construction Guideline Number: TG -0100 Near Company ' elines I nye: oGIaWOU I Pfte: U d,% areas where equipment/vehicle crossings and/or foreign facility crossings are proposed. For additional information on test pits reference Section 6.0 5.9 Parking areas should be planned so as to avoid covering the pipeline right -of --way if possible. 5.10 No roads, foreign lines, or utilities may be installed parallel to the Company's pipeline(s) within the Company's pipeline(s) right-of-way, 5.11 All foreign lines, roads, electrical cables and other utilities shall cross the Company's pipeline right-of- way at an angle at or near right angles, if practical. 5.12 if, in the judgment of the Company, the proposed work necessitates the installation of casing pipe and/or other alterations to protect the Company pipeline(s), the contractor, developer, builder, utility company, or landowner may be required to pay the Company the estimated cost prior to the Company beginning the alterations. Once the actual costs have been, incurred and tabulated by the Company, cost variances shall be settled. 5.13 At the discretion of the Company, concrete slabs or other protective devices may be installed over the Company's pipeline(s) to provide necessary protection. Drawings for the concrete slabs/devices and their installation will be provided upon request. 5.14 All design standards mandated by federal, provincial, Q COPYMaW SPRLM ENMYCORP 2WAGGRR3fn MMVW RStRDDMMOFANYPOR7YO ff TMMYP1EMIWTFD 34 Maritirnpc ,fir *Tnr hPact Pinplinp U1 r Tmaamusim Guidelm a Guiddine Name: Requirements for Cons action Gu:deFme Number: TG -010C Near Company ' elinnate: OWWO12 I Page: 13 of 46 and/or local government agencies shall be satisfied_ A letter shall be submitted to the Company stating that all appropriate federal, provincial, and/or local permits, authorizations and/or approvals have been granted or obtained for the subject project. The Company's final approval is contingent upon compliance with this requirement. 6.0 EXCAVATION Excavation operations shall be performed in accordance with the guidelines set forth below. 6.1 No excavation, crossing, backfilling or construction operations near the Campany's pipeline or pipeline right-of-way shall be performed unless the Company representative is on site. The Company representative shall have full authority to stop the work if it is determined that the work is being performed in an unsafe mangier or if a foreign object is spotted. 6.2 During the period of April 15 - November 1 test pits may be performed by the Encroacher provided Company personnel are present. Test pits can be scheduled by contacting the Lands, Emergency Planning and Public Awareness Coordinator. The Company will make every effort to accommodate the Encroacher's schedule for excavation of test pits. such scheduling however, may be subject to availability of Company personnel, weather, field operating conditions, eta, 6.3 During the period of November 1 -- April 15 test pit excavation of the pipeline by means of mechanical 0coP=HTSPEcmMYEiGYCoAr2W7AIuRwdwnmmD ,YSPRDDV000N OPANYMNYMNIS SMULYPADMEM 35 rk&,mv.ifiwanc• R, ATnr*lhn. v+ Di*mnlarn 7hmsmWon Guidsli n 17AtAR AbAAAK%^7 %^1 1 \ lIi MliviL74 i LI/L.ill W", A -a r: 14W TBwdJicd MQllms G".uidelme Name: Requirements for Construction Guideline Number: TG -0100 Near Comaro Pipefines I Date: 061 0/2012 1 Page: 14 of 46 equipment is not allowed. In instances where the developer must expedite the design process, pipeline elevations may be obtained, depending on field conditions, by hand digging or soft digging equipment. The developer must contact the Company's Lands, Emergency Planning and Public Awareness Coordinator to coordinate these activities. 6.4 Excavation shall not be permitted within. the Company's pipeline right-of-way or the 30 metre NEE safety zone until an excavation plan has been reviewed and approved by the Company representative. The excavation plan may be a written document or a verbal discussion with the Company representative. At a minimum, the excavation plan shall include but not be limited to the following: c Backhoe set-up position in relationship to the pipeline a Need for benching to level backhoe Required excavation depth and length Sloping and shoring requirements Q ingress/egress ramp locations e Minimum clearance requirements for mechanical equipment e Pipeline location and depth Q Verify bar has been welded onto backhoe teeth and side cutters have been removed Spoil pile location Compliance with Canada Occupational Health and Safety regulations 0ca"j 1GHrSP cmENZWrCoRP2WAUWG=xcumm RPRWVCTWXOFAWP0JW0N1SS77PF='rPROJU TJW 36 Maritimes & Northeast Pipelline t� � Taft;ew M uS Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Com ' eftnes Date: 061200012 1 Pale: is Of 46 6.5 The use of mechanical equipment in the vicinity of the Company's pipelines shall be directed by the Company representative in accordance with Company procedures and applicable regulations. The tolerance zone for excavation by third party personnel using mechanical equipment is 3 m (10 ft) until the pipeline is visually located. Hand tools or soft dig equipment shall be used to complete the final excavation of the pipeline inside the "restricted" mechanical equipment limits of the excavation. 6.6 The use of a trenchless excavation method (i.e., bored crossings) shall be employed in such a way as to ensure a minimum radial clearance required by applicable standards is obtained between the new Facility and the Company's pipeline(s). 6.7 Federal regulations require that the Company's pipeline be inspected whenever it is exposed. Canada Occupational Health and Safety regulations pertaining to excavations must therefore be met to ensure the safety of the company representative who must enter the excavation. Furthermore ample time should be provided to allow the Company to perform relevant inspections prior to proceeding with backfill operations. 7.0 BLASTING# Blasting operations shall be performed in accordance with the minimum guidelines set forth below. 7.1 The Company shall be advised of any blasting proposed 0 COPIRIOW SPRCM ENSJWTCORP 2%AILRIC.8T5 MMM VBD RBPWDUC0W 0FANYPORnW lS SMClLY PNW1W= 37 �` Thm9mbsion Giiideiines Flff��fimaa ArTaiA�l�aaet- l�naliria k �, r 1' Guideline Name: Requirements for Construction Goidelime Nemher: TG -010C Near Compmy Rpefines I nate: OfiaWMIU I Page: 16 pf 46 within 60 metres (200 ft) of the Company's pipeline, 150 metres (500 ft) for large scale quarry -type blasting. No blasting is permitted within the Company's pipeline right-of-way, and no blasting shall occur outside the Company's pipeline right-of-way if the Company determines that such blasting may be detrimental to its facilities. 7.2 The Company reserves the right to require the party responsible for blasting furnish a detailed blasting plan at least ten (10) working days prior to blasting to allow for evaluation and to make arrangements for a Company representative to witness the blasting operation including drilling and loading holes. Blasting codes shall be followed in all cases. 8.0 FACILITY CROSSINGS All buried facilities shall be installed as noted below and as stated in Sections 5.10 and 5.11, as appropriate, 8.1 Buried facilities shall be installed below the Company's pipeline(s). The Company requires a minimum of 30 cm (12 in) of clearance however in some situations this may need to be increased in circumstances, such as bored crossings. Additional separation may be required in marshy areas or other areas where insufficient clearance would have a potential to cause future problems - 8.2 If the normal crossing requirements present undue difficulties, buried facilities may be installed above CcvPrmrarSPxcrzaENE&crCORP 2W AuRmmmxE&uvan RMRODLXTMOJVAWPOJIVWISSZWCYLYP1V4Brdl M 0 Maritimes & Northeast Pipeline w TUmwnds on GuidmUnvs TechWW Manad Guideline Name: Requirements for Construction quid Ew Plumber: TG -010C Near Company Pipelines Date: 06aWMU I Page: 17 of 46 the Company's pipeline (s) with prior approval from the Company representative. All such facilities shall be installed with a minimum of 30 cm (12 in.) of clearance. The Company will not be responsible for any damage or required repairs which are caused by the Company's operating and maintenance activities when foreign facilities are installed above the pipeline(s). Protective measures such as a concrete encasement, ditch marking tape, and/ or above ground markers may be required as deemed necessary by the Company representative. 8.3 Suitable backfill shall be placed between the foreign facility and the Company's pipeline(s). Suitable backfill is backfill free of rocks, refuse and any foreign material including, but not limited to, skids, welding rods, pipe rings, trash, trees and shrubbery limbs. In the case of anticipated crossing by mobile equipment/vehicles the contractor, developer, builder or utility company shall provide specific material and compaction specifications for review by the Company. 8.4 The installation of test leads (two No. 1.0 THWN black insulated copper wires) attached at the point of crossing for corrosion control monitoring may be required for metallic lines as directed by the Company representative. Test wires shall be routed underground and terminated at a point specified by the Company. 8.5 The following requirements shall be met for fiber optic cables which encroach upon the Company's pipeline OOOPYAWNTSPWFMENXWYCORP'2WAUMMBM=VM AWMDMWON OFANYP081YON IS STRWnY"OWBn= 39 Maritimes & Northeast Pipeline 141 Zvir�mndision G�tideknea P = Technical Maamd GuldeUne Name: Requirements for Construction twdelilme Nnm6er. TC,010C Near Company ft elines Date: OWOr1,012 I Page: IS of 46 right-of-way. 8.5.1 High capacity fiber optic cable shall be installed in a rigid non-metallic conduit or covered in 35- 20 cm (6-8 in) of concrete which has been colored with an orange dye extending across the entire pipeline right-of-way. Other protective measures may be considered for non -high capacity cables. 8.5.2 The fiber optic cable shall be installed a minimum of 30 cm (12 in) below the Company's pipeline(s) across the entire width of the pipeline right-of- way, unless approved by the Company representative. 8.5.3 Orange warning tape shall be buried 2 minimum of 45 cm (18 in) directly above the fiber optic cable across the entire width of the Company's pipeline right-of-way, where practical. 8.5.4 The fiber optic cable crossing shall be clearly and permanently marked with identification signs on both sides of the Company's pipeline right-of- way. Markings shall be maintained by the foreign party for the lifetime of the facility. 8.6 The information listed below shall be furnished to the Company for all proposed electrical cables which will encroach upon the Company's pipeline right-of-way. • Number, spacing and voltage of cables a cOPYRIGRT SPBL4'RAENzwrCORr 2WAu mim mmmvm RRABODUCUON OPAW POR7M B STOMYPJWHMTM SN h,aae# PinPJir%a DO, COP Ti�r��rssiNtionGrrideliass Marifirnae Ar NTnr+ Technical Manad Guideline Name: Requirements for Construction Guideline Number: TG -010C Near Coln eYines I Date: WM012 I Page: 19 of 46 • Line loading and phase relationship of cables ® Grounding system Position of cables and load facilities relative to pipeline(s) 8.7 Specific installation requirements for cables carrying less than 600 volts shall be determined by the Company on a case by case basis. 8.8 The following installation requirements shall be met for buried electrical cables carrying over 500 volts but less than 7,600 volts. The Company's Region Technical Staff will determine the installation procedures for buried electrical lines carrying voltages over 7,600 volts on a case by case basis. 8.8.1 The electrical cable shall be installed in a rigid non-metallic conduit covered in a minimum thickness of 5 cm (2 in) of concrete which has been colored with a red dye extending across the entire width of the Company's pipeline right-of- way. 8.8.2 The electrical cable shall be installed a minimum of 30 cm (12 in) below the Company's pipeline(s) across the entire width of the Company's pipeline right-of-way, unless approved by the Company representative, 8.8.3 Each phase conductor should be surrounded with a spirally wound, concentric neutral conductor. The C COPYRI w SPECTRA ENSBaY CoRP2W AL nGm RBSERVBD a6PROMMON OPANYPORTIONIN SYRICTLYPROJUNfYBa 41 Maritimes & Northeast Pipeline �issio�� d Guideline Name: Requirements for Con4ftChon Guideline Number: TG -8100 Near Coman eliraes este: oar OM12 rage: 20 of 46 neutral may be within the outer cable jacket,. 8.8.4 Red warning tape shall be buried a minimum of 45 cm (18 in) directly above the electric cable across the entire width of the Company's pipeline right--of-way, where practical_ 8.8.5 The electric cable crossing shall be clearly and permanently marked with identification signs on both sides of the Company's pipeline right-of-way. 8.9 Overhead power line and telephone line, telecommunication installations shall be reviewed by the Company on an individual basis_ 8.9.1 Prior to construction, the Encroacher shall determine if electrical interference between its facilities and the Company's Pipeline(s) will occur. If so, the Encroacher shall be responsible for providing mitigation design to a level 15 volts maximum A.C. Steady State; in accordance with CSA Standard 022.3 No 6M (most recent version), ",principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines". 8.9.2 The vertical distance between, the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical aOOPYRrawSpEemENEwYCoaP2W7Auzw-fin VW X"RODWrMNOFAWPOATMNISS AWrLYPZ0WW7W 42 Marifir¢�ae Xi Nnrti�aact Pinalira �:`° T=mfrdonGmdehan . - iM- R f--- - -V %.- rZfA/MF7 r i Mkffw a %, ?+ " P -- Tffh W W MNI.0 GuideDue Name: Requirements for Construction Guideline Number: TG -0100 Near Com an Pi eknes Dace: Ot:fZ0IZ012 Page: 21 of 46 Code Fart III (CSA Standard 022.3, "Overhead Systems and Underground Systems"). 8.9.3 Overhead lines shall be installed with a minimum clearance of 7.62 m (25 ft) above the grade of the Company's pipeline right-of-way. The installation of poles and guys will not be permitted on the Company's pipeline right-of-way, and not within ten (10) metres from a Company appurtenance, unless assurances are made that the encroachment will not affect the Company appurtenance as a result of a fault or failure. 8.9.4 The Encroacher, where directed by the Company, shall install aerial warning devices on an overhead line for the protection of the Company's personnel and equipment conducting aerial patrols. O cvrYRmcm srscreA ENzwyCoRr2WAu Rw&w auERvED RSPRODUC770NOF AW PORn=M Sl UCnYlWAISI W 43 Maritimes & Northeast Pipeline g 71rawnirsio a caffefinn TechxkdManud Guideline Name; Requirements for Cons"cdon Guideline Number: TG-01oC Near Com an eknes nine: Or�zo�z012 lie: 22 of 46 APPENDIX A Drawing Requirements The following information is required when preparing drawings for encroachment approval applications. The Encroacher should contact the Company at an early date for information and to discuss requirements with respect to the proposed activity.. The Encroacher shall provide the Company four (4) copies of all drawings, in addition to PDF or other standard electronic format document. T w Ua v gvTT TA Show and Identify: • In Metric - scale of 1:500 or at a scale which clearly defines all details of the Encroacher's facility; • Accuracy to one tenth (0.1) meter or better; • Facilities which tie dimensions to lot or survey line (preferably along the Company's pipeline and/or pipeline right-of-way boundary). Show location of Company's pipeline(s), pipeline appurtenances, markers, cathodic test facilities and right-of-way and other utilities and utility easements; • Angle of the crossing (measured to the Company's pipeline easement); • Property lines; • Width of road and Encroacher's facility; road limits in the vicinity of the RMBODUCrM OF ANYPMrlON U S7MOU PROH1MM Maritimae fir NnrChanct Pinalina , TYr anugion Gmdeflriea i�s�aaawaaaw ��r i Va iea�viM7� s av MMLSAL V i. - "-, L$('. MjmWK Guideline Name: Requirements for Consirw ion Gudddine Number. TG -010C Near Com L=elines nate: 06)20!2012 Page: 23 of 46 ' • For parking lots, storage yards: show nearest building which tie dimensions to nearest Company pipeline and/or pipeline right--of-way boundary; • For parking lots, storage yards: describe barrier preventing access to unaffected portion(s) of Company's right-of-way (e.g., fence or concrete curb). PROFILE CROSS SECTION VIEW(S) The section view is to be along the proposed utility that crosses the Company's pipeline, The profile view is to be along the Company's Pipeline(s) and is only required if the Encroacher's facility is on the Company's pipeline easement for a definable distance (i.e., parallel encroachments such as roads and any grading of the easement, etc.) Show and Identify: • In Metric - vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all details of the Encroacher's facility; • Accuracy to one tenth (0.1) meter or better; • Any relevant Company pipeline appurtenances; e location of cathodic test facilities (if applicable) • Existing and proposed grades * Depth of the Company's pipeline; Vertical distance of the proposed utility below grade; • Clearance to the Company's pipeline(s); • Diameter of each of the Company's pipeline; Diameter(s) of pipeline casing (if applicable) 0 carYRwwSrBcm KNffnGYCoRr2607Au Ricers Rasaavw RWRODUC M6FAlVYPOR MJ38Y'ZWT7 PRDElBnW 45 Maritimes & N o theast Pipeline L F � T"$ff*$iO x U W N P Teehn&W Mmumf Guideline Name: Requirements for Constriction Guideline Number: TG -010C Near Comp my ft etanes I Date: 06120/2012 I Pale: 24 of 46 • Company pipeline right-of-way limits; • If elevations are assumed, then reference the point of the assumed datum; • Distance of the Company's pipeline(s) in relation to the Company pipeline right-of-way limits; Ground surface profile for the 20 metres on either side of the Encroacher's facility; Details .of Encroacher's facilities with minimum clearances from each to the Company's pipeline(s) [minimum clearances roads/parking lots/storage yards - 1.3 m (4.26 ft); railways - 2.0 m (6.56 ft) ; ditches - 0.8 m (2.52 ft) ; underground utilities - 0.3 m (1 ft)] • Details of any protective devices for Company's pipeline or Encroacher's facility (i.e., concrete slabs, casings, pads, temporary structures, etc.) if requested by the Company and shown on the plan and profile. LOCATION PLAN VIEW Show and Identify: a In metric, scale of 1.:12000 or to a scale that clearly identifies the location; • Distance to the nearest town of major geographic feature to 0.1 of a kilometer; Relevant streets, highways, roads, etc. TITLE BLOCK Show: Name of the Encroacher and the name of the engineering company who compiled the drawing (where applicable); • Drawing number and the date of the drawing; C aor7a awSr$Cr&AENEtcvCour=7AU xram mmvw aei MWVCnWOFAWMJrT1ONZSnzrcnypma rED M M1311-itimpe R'r Vnrt haaet Vinalina P49 M., TrmunksionGaideknes a�a�wn.wvaaanvna v.• a �v.i �aavgaviw s arvaasa%. a -_F- *€7V Techakal Manud Guideline Name: Requirements, for Construction Gu�e Number: TG-810C Company ' elines Date: 06/20=12 I Page: 25 of 46 * Revision dates (if applicable); o Signature of the Encroacher and the engineering company; * Legal description of the location of Encroacher's facility; D Date of the survey ADDITIONAL INFORMATION Show: All specifications of the Encroacher's facility (i.e., diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials, protective devices to be installed and the method of installation); Note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations; Include a North Arrow and Scale on all drawings; * Legal description of location of the Encroacher's facility (i.e., property metes and bounds, PID, parish, town, village, etc.) on all drawings_ ENCROACHER'S FACILI'T'Y DESCRIPTION Show and Identify: • Roads, parking lots, storage yards: wheel loading, surface, subgrade, name or number designation of roads (if any), materials to be stored (if any); Ditches, open drainage systems: width - top and bottom (existing and proposed), name or designation (if any); • Underground facilities: materials; diameter; maximum voltage; pressure; conduit structure - duct size, use and configuration - size and reinforcement (if any). a wprmw sPE=A FNmmYCQaP2WAI.G,RIGm xmuv8D AW9ODVCMN OPANFPOJ n7tlW n$'r'1PYC =PdOHi AMM 47 dosrox Guidelines D=n Maritimes Northeast Pipeline pia TechxiwMmud Guideline Name: Requirements for Constriction Guideline Number: TG -0100 Near Com an elines I nate: GWOM12 I Page: 26 of 46 NOTE: The Encroacher's drawing(s) must be available for reference on site. For reference, typical crossing drawings with these minimum requirements are included in Appendix B. O c1»PYaiwff SPBcm ENEwyCoap2W AmRw. TS mo vED REPROMCn MOFANYP ZWNBSZWCTLYPROHIBf JW M�, 1lJ aAl4maa Rr XMr+has�raf-Flnalina t 6t ThmanWioa Guidekliea i.7.LK1 iVliiil/L7 �V 1 \Li ML iVLj i qw •-. °4,�'; Technkal 7Lanud Guideline Name: Requirements for Construction Guideline Number. TC,010C �QLL iS ffi/L Near Cumpagy Pipefines Date: 06110/2012 I Page: 27 of 46 APPMMI% H Typical Crossing Drawings 0caPY&wffr9PwmENEROYCdxP2O87Auxwm1G6 jmvm PBPAOMCIMOFANYPORnaNIS BTIBLTLYPAMINTAD M X4 -M Ninnow Ar Nnif-ilksanc* Uirralil"A Mp Trw amission GuideHwi moria&AWAAaaVv w tIvw wavas►as. s JLk'%'aws.v OZ—' TIChiIICRlMunuQ1 Guideline Name: Requirements for Construction Guideline Number: TG -0100 Near- Com ars Fi eines I Date: DOW= I Page: n of 46 a� , % , I OF e CoPYRtGwSPRCrRAENERGrCoxA2DO7Au Rw.m REsERm REPR4aDVCT7dN OF ANY PaRMNIS sT'WOU PROffiMED 50 FW MarifiYnpc Ar Nnrthasket Finplinp t* Duunisdon Gulde&e .ate= ��w. r� va raav++w�r a alrraaasvr rti r 11w Tedul calm anud Guideline Name; Requirements for Construction Guideline Number: TG -0100 Near Company ' elines I Date: 06/ZoM= I Page: 29 of 46 0 0m M w 0IL w Z� seaz CL 1E w k C cOPYElOBTSPECM SNERBYCOBP2007ALLRfUiR. ISxuwvED REPAMUCTION OPANYPURrMB STRICTLYPROBIBIM 51 I Movifimpc Ar Nnr#hpaef PinpHimp 16�-pr1i Thimmission CWdehrm a . -%.- .a... s -kv wj- -,w 4-� .iw Technical Mamma Guideline Name: Requirements for Consiruclxon Guideline Number: TG -010C Near Com an Pi ernes Date: 061 WO12 I Page: 30 of 46 a ,( IF a r .: C cnrr rrcursracr&4ENmGyco lraorne iwoars jwsERvjw BMRODUCrIONOFANYPORTW E S7ZFCrLY PiWZBIM 52 t MMarltmes & Northeast Pipeline it Sra��r onaw r Guideline Name: Requirements for Construction Guideline Number: T"10C Near Company PipefiAes Date: KaO/2012 I Page: 31 of 46 ®cnPy,ea zwSpwmENmwyC6&rW7AuR1Gmmmvn 1�EPRObUL7lONDPAMYPOktYONid 37RfCllYPR07lIlPi�R'6D 53 Maritimes & Northeast Pi eline � Ti ��A Gai�%r ad P Technical Maiwreal Guldegne Name: Requirements, for Construction Guideline Number: TG-oioc Near Come an elines I Date: 06MMa I Page: 32 of 46 I M jj I P 1510 I'll 1111 al C cmyRjrGaT 3PAum ENERGY CORP 2007 ALL Rwdm RE=vED JMrAO0UL370 OPANYPORTiONi8BTRX7XYPRORAUM 54 Mar-i+imac !Qi 1Vnv4l6paat Plimallno X460 ; Thwndssion Guideline, a�aaaaaw+�ivN w s•vs ad"I "w i Ar ViaiiV - Row Technical Manu Guideline Name: Requirements for Construction Goidelme Numimm TG -010C Near gaMpany Mpalines nate: ouriorz012 Page: 33 of 460414 i 1 O COPYRIQuTSPEcnm ENPRGYCWPP2Q97ALLAwmn zmffRVED RBPRODVCff NOFANYPORTIONISSTRIMYPROHIBITED 55 va it Zm Q; RE aMo: a ;I i�t A i f� f Ole. i 1 O COPYRIQuTSPEcnm ENPRGYCWPP2Q97ALLAwmn zmffRVED RBPRODVCff NOFANYPORTIONISSTRIMYPROHIBITED 55 va it Zm Q; RE aMo: Marritirnae Rr Mny-fitooer - Plnalina II&I[ ' ,, Transmission Gdd*Un a ..s--- s ,...� �., �,......R.....��.� s .�.......�.ISMTeehWcaiManual Guideline Name: Requirements for Construction GWdeEiee Number: TG -010C Near Com" ' elina Date: 06t2M1Z Page: 34 of 46 APPENDIX C Forme and Agreements On -Site Approval Agreement (Form 142) • Emergency Work Request Agreement (Form 200) 6 Encroachment Agreement Sample vcDE rwanTSPBCPRAENERGYCoax20O7AIlRwHTSRE=vw MWWDUC fONOFANYPORTIMINSrRWMYPROHIBIM 56 Marifimpa R- Nnr#hpaQf Uinalirra I&I OF TransmisamGurdebms Guideline Name: Requirements for Construction Gddeline Number: TG -010C Near Company ` elines I nate: OWN= I Page: 35 of 46 Form 142 (Page 1) On -Site Approval Agreement Pft KP pawlaaa , F�MY RBWW„MSSM('GWJMCMr# Fax Lame Ift OrAppoval S is hmftaolmawbc%ad tat I. IAlari is aol io #aloe plana ine vivid oFll6iernas and NarilraasE Rpslinds [4r) tltie p%*Dm Kidd-ai-my wkw a Gawpapr n*resnbdhm 1s an sae is mare m wWuxmmFon and hadW mdhllhm and 2 VVdk mak em.ft wA ft- requirgmrsft vl Cvm wr1z [ire T&I M and have been dawned not b require an Envnad�m�Agrewne+� erd 8 Tim Ca p uW las paaH I a copy of the Na5wW EnmW Baird Pare ChmakV ReULdubmxs iota Eamoad m and # lla Enarobdrty alear4y �� ewridtq}s lb! bye Ya Crxnpary, and Ure arm in vRrid►vrpk i5 nat pondlled uMwL* a OwmarwropmerdAm behm prwatI a s ft r asid waft and d� iia �* prarlde � t5ompx�rduee {3} wohinp days rolice prirtb sny wodr i, 4revt�y nE the GbrpmWs%cMff s. frxdrdrp Vm pTpeR r%"-okW. ilre corpenr Ra rn the T�nanhermoseraMauek and aasdainmo P,naaadrefa 1Nor1� seta 9re Ida" eg ieees ae�oaoorlydan. �1} E]ngroodrer rudrralwros ardagraea is ms Terms and Canddl m fpr Frpdms En=mdwwAs pkhedrk-: W mamt ed) arrd [Zi PUmmr fiiothe Ns Wz Energy BawdFodmCruwft Rmudz6o +s, FbO 1. Smbm 4 (nx& the Ermmmdrerrrq mwfgm daayeewmVL%aVwd . HES Pipairw Cmc*V Rnp &Sens and Caapwry Gmktrmm TG -100 Roomed AaREED MW CaMMMED to this day of _ 3d� at the "W"PmY of _ FMARae of __ forme period Enmudwft awrwenbmm /1ari6piss d Nae�astF pgames me) f acre) ®COPYRIGMSPECMENMWYCw2OO7ALtx mwvBD REPDODUMON OF ANY P Oxl70N f5 SrA=L Y PxO,QMRW 57 • • • • ��i + �'alL4t'lliSS�P1l i'11it(�B�F Maritimes & Northeast Pipeline � � �t TechnkalManud Guideline Name: Requirements for Construction Guidefine Number: TG -010C ,Near Com any Melines Date: D6/2012012 I Page: 36 of 46 Form 142 (Page 2) tfCJ am Al'IFR� Nrf COlS1lriCiiq tom' IaP�� t. caI+Ra.dn.tanaaR.n�rr�r�mrwem� r rer�l m mrem r an m'mRa7avWApKW"Ei. x >�owdlarsaett gr} �7at�aa�Skarmreoawcler;tPabraaMmner�a�naao�Mm��7�nsr�nara�+riara�rrs��b•i �� ardor mee.r, Peer. hers.nsaE�efwsmd�mr➢�rrAacrr7�.�lrhdllal �i �'�aitso�rr�emeyi�nhMbeEac�rybieaooada1ms'rblocbe�dkpatl'adr�dpmdra•rgKeibts�r� ddri�ieG�lRndtiatbns�mf Yeatre�leeaalsatlsfl•eat>eg k- lW*2bcomplyp¢See 2nord notlrsye�6Mardls. +mad gdgga,�r twpvaearr lreep,dailr sarurn fbe FseeemaeONeONr aaaa�a h aePrar rtttw t3aowafimlitrir pq arefatNtaaer�orleagRarfset�ltoiPprerYlYber-�-af5^d�ee�C�r4rneeitlIIa�aslaRe�M�b�anrtl�elesh�.elrr��nr aeaaw�ristlfslstdaaoeia�reemoredaeles 4lOralIferrraeesdm�rayNfa:CsrNrnPo•�1Msenrrt.nw.wlllfur,-. tisilwsfise Titfeatl CooFbrs. fr% eLeO®i#e�eel�aRa '� d®��dd1�i101�C1e d171 'i.l� ' e w6mamm OX000dl4eRummomiam vwig RarOMrID !e wmtrn !� r ieeems`rRb7 belmraaaaamied atiarWirdet eY IF+2omr�eis YPwi� Irl �a4iWIQ�14rr�a•rdsrrXAOl�strptdtl�Y9wedbeR�u�irWYeldear�yaresmesf/(aAa tsfY alrswMOwi�46GerRnp�r6�aw6hers'RbisrWfrSllmerEeeoeoaa•errrlwakcrpotm•ml�aN•e�r�d pn r�haar rt aaefarrr � !n rowed rr amlf m� reeRa � � � a � � ar Via® rnrar fe fArlb lyaRoarl6�malat rmmq mase 1ea:smd9>a[3me. 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TG010C Near Com ars Pi elines Date: W2WMI2 I Page: 34 of 4G Encroachment Agreement (Page 1) [+7 011�1 Mw— (Add=) SLB=-. Cawm d Agmwent fm yamr psmpwed Eneroaebmmt at 3.lmftimes & N"Ibeast Pipeline _ _. Er to KP in '*C Comte- of in &EPrOTlnce ed Maaitineea & '1hdbawt Piped `Tbe Camps' hu =evkwed ilm proposed E=akbmnt=dvM=sWbit. In cou de ndwa of the Company eocza2mg to tie Enanicbmat, wt rile &d Yuan agree to &a Moog c mditkm prem I. That pas m& caWy m0: fin general zmaftiam far cow m Seiedde "A" aid hereto; 2. Mud yas mad you mor wM istall to Enavedmed shicdy in dw maam deKnleedm dae Ckampaay°s Tian Gdddine TG -IW, d Wdad heft; 3. That dw Faacmchmxzd wdl be deMpW and emshnded sihidly in aea� =& y= Mrawmg Nwdw) a Wand by the , a tedi ed ra Marfa;. That the lea hmmd viH be eusapIded vdflk ow (1)'ym of the date of this lett, cd=wise ihn cel v M tete end a wear aeppbcab m vM be S. Tbat an per Silt! -X-, Secfm 3, Faoacw 60 Cnfificalm or o&W e �dmce of c+I ia=oe to $se Company PdW to my vak caa®mciagpx dbeF�eva. Please riga and ssI all Sm(3) of the ee nod. i g &E fig (4) 7ftan of fl* wieend dumng sad We will the enpaea od �e ageeane d eeod Wa retry two {2) far yoe>r ssae. i'k a em me that a oagy is neat to so pusvns vdo vKbe padmaing &a wa & andtit it is affable' ile': lwllatiam of A& Fammebaaw em then proceed afkr tving a minims of tm (3) business &ys &&a=- to at This Enmumftmad Agm mni amd Scbedale "A ']✓&IOC and my atiauc� ex�6e the esetise Ageeaea�b $ee Capapamy amd the �oacbe� and say or altnati�ose. h�eoi shad] be mase is arsiti�beta�ca �e pasties. Yvnss VKY UUI� .IL4FiTDM & NORTE acr PEPE O ® COPYXfGffTSPEffJU ENERGY CORP2007ALLXWAM RESUVRD WWDVMON OPANYPe7MM J85'MMYPAOH787TED 61 MaAi ripe Rr Nnrfh�%avf Vitnplsra Q&o M DMUNubaianGuideiiuff a�a�aa wr.+a.a�vw.r r.r i �yi v—Will"", s aa/VY,YV ti _r IRV, ii 3� Teclulical Mmmual' Guideline Name: Requirements for Construction Guideline Number: TGoloC Near Company nekneS I Date: 06120/2012 I Page: 40 d 46 Encroachment Agreement (Page 2) (MM of qpvps�L (RM? Rmdand aPBEdto at ft day of +zM* I Nwe the adadfy to iind ore ewpwdion wirn�: [ a t ? C COPYRIawSPECTRAENSROYCORPi00T ALLRIQmRm=vED RSPRODVC170NOAANYRORTION ISSTRILTLY PROIlIBITED 62 Marifimpe Rr NnrfIhpac4 Pinplina F NI l� ?yiansntrrsion Grtidetines �,s�s �..._....� ...a ,,.a..,.�. a�.....,.� .. Technical Manual Guideline Name: Requirements for Cons&uctlson Guideline Number: TG-oloc Near g2npany Mpelines nate: OWAOM12 I Page: 41 of 46 Encroachment Agreement (Page 3) SC.IEDLI.E `A' Gmmal Comfffim for Feat Ccs f. infs agcsmmmh &e tan `Ta m mehe refen to fhe pavc*) ww wZ amen. apaab and mmktam fhe Faiii}, (b) She tem "Comttmt°' ' Slav pmwnW w1w oaf amid last 0 to Fleshly. (c) 'fie t= 'FhdW rakm to the waw of the F= mcb r as dmcgx d, in the cmmdm ww-Rommma to this Schec�alev (d} f m tem " Fnmvwhwar mrfSas m to Enavadment of the Cmmpmmf s by the F'ae ty at the bmb= deurl-W is the oovwV ktkr- agr�mt to this Scbadol� 2. 17ce Clommpmsy to the &naosrimmd to the o f &d rt bss thai& fa do as =a the n macber"be rspmalfie far obb=g mS dbu m Fhoble Wrowdr, i �ardeiemndpasnaos mxpdmd tocaushlutwdimMMeFatalty: 3. Fhawdb r apem to an*y w& ell applicable n&s . urd m negul@fiammq adn and iiaehcgatiem, cmAnnfom mad Qpezfim a�fthe Fkfiity. 4. awes to " and dears harmless the Comp=5eWmd any claims. . Ondift hjodm nmdfmgm dc&) fiW mmy mise as a result of the ca nzhac4am, imbfiLtiaa sad operation of the Facility. 5_ IM c m ec ism wit► Cie 4, above% , at cvnhw. ar, at ifs amen eqMt A& cavy aadkexp in W ftw amd mfibt (a) C mpm bamwe Geimal Lmbffidy iinemwee wih an mdkw= limn fa pwwal h#my and aims OfrMM Z~d�l =dander ($5�' OkOOD.Ofy?, mad; (b) A Ls1e�y uses Caamwr m®d'bamawnen with an imshadm farbad4gjcap gpmmmAw* and p mpnty&m p ofC be lhaaz slopes (Tfj=, En=acbiw sM smhmuit cmfiScatm or o w evidence of Bark �e to ft Cbmpmppdar to IqyvCdCoMUwmdwfiwtbmrmmvzcbnmL 6. EDM=bs mgMM W peueWRy Pffh= 10 MOAdM s d oanubictiam of fie FsHity or else Io dawlp sate Mw its imp k*K a4d carom by a duly gm diW comhactor(a) and to awnae that said cow) cam w& ail tis andcondifi= offia agm mmL 0 mPYgirW SAELTA4 8N88GYCORP2M7AURWJW RM=VEO RRPSOEDucnVN OFANYPaRTION lS STAWMYPRONIWED 63 Marifirnae Ry Nnr haaet Phmallraa gal i Tranmfrsion Cwk elfna i�iLai iitRa,Riyt) w i 7Vi aii%/ai►7a, i iVariiaiar ---- 7W ` TechnfcaiManuad Guideline Name: Requirements for Construction Guideline Number: TG -819C Near PnLany Pipe&es Date: OOMM12 I Page: 42 of 46 Encroachment Agreement (Page 4) T. 'she lba mom dnU pay sic¢ ImA vpon p =af 6m of stz inroim by the slt resao wMe resat hw=ed byfiw Camey ita (a) Review, xpp vwA end kneedost ofThe Bwovelmeit (b) Pmnfanmg MoMft or rebu ft The Compaay`s pwws) * euccac Mvd sbe to mdallyfim of Enc owWs P=LTdy ar ffie umdmmzr and repair of its FActRY. (c) Any nzmable baaneaial costa mored by the Company m the apetshoz� msktmeno� rqLvwA3A and repair of its. V4*1 a*) which am cmxsed by the HaffoubmeaL & The tams and ramof &s aaum t &0 apply to the cm&oc tam and mstaltatoom cf6e Facaliiy end aper fitze m e wo* tW maybe requited. 9. This cow is for The F'acfity natty as qqwmma by The pumpmy and my amdiaoai wmrb or be itim prap-imp cI 'by doe Eumn chs shah be the s*ect of a she 10. Emma w betaby agrees mtci sdmasdedV9 that its tib in The Encroadmuml mm subm&mle to The easement WwB=KO of Me Coup my fist have hem u&md at obtained prior Th this dam and Fmcmachff absU c mpmte wide all xewomble rWsW tCOMPOWpdp�wffie � apesatim maiatemsnwand repair cftlae 11. In do cm of &halt by The Eumaacha to cart' aid sow of dw providaw of &k agw mad or if do condition of Fkamc kes FacHily has dMmimaied end a&omety af%c� The ep"ee of the ��S P Y MY Sw nefiice ahem if fe Faa=wlw IN ttdr+e OR mum" steps to mnedy The default ar The dah6aratiao of The Faeftwiffew Mw (15) days after rapt alto wumm mortice by &a Ccqpmy, The Capan9 may Wke sash step newssmy to mmedy the ciafmk or dchdo=fim and Enuo bw shalt be habie for and Thal pay Avftithalrsasao?ablo costs Jby&BComp=yln&&wVd m dos. 12. All notuem reigned to be given h :1rs1I be delivered by regr kod mml or faesmile to the addle m shasea m The euv®,g loftsmd i&Z be deemed io be tem on the Efth (9`aj &Y hnowmg musing dwad ar upon c onftwdon of Sc:mle hsnsmism as 13. This agmwed simll be govemed in awordnew vAk ft sawn of the prmaiaoe in v&ch@te Ena*wbnm4 is sitgated 14. NeOer party to thin arvaomd shin ar tta da don i s sad obligatiaas haca der to a Third patty v n&md 5sst� die writbea caasmt of tice adnrr PKW- 0 COMAX HY SPECTRA ENMGYCOXP 3007ALL MM AMERYED MWRaWCMWOFANYPORUONMEMMLYPEWO Ea M Maritimes & Northeast Pipeline m" T �i � i Guideline Name: Requirements for Constr uctfon GaldeHw Number: TG-OIOC Near Company ' eUnes Date; 06=2012 I Page: 43 of 46 Encroachment Agreement (Page 5) 15. �>�aado6l�a�seft�epa�� tesminadeapaaS�eeadia� (id) two til y� ft= tm &Im Wad if Se Finanadw bas mwt emplemd 9he ca*Btiaa:ad inaldHati= af&e FacMty and aataatm of ft lamla afficbBd by6oBwoubwatm (b) up= fie p®PQ vb=&=ed or uaa=4 of &e Fad and rmtmihan of the ]®da to a aatdifum a=jftbfe tD tie Caupamy cd *e ow= of &e pmpaty ware de Eh=achm ad m dhakd. 16_ if amy pa of ffik apmmmk d" hwo= mffi aid void by vides of kw ar gammmenW mqpkbm it daU be wvwad *= ffie agaeem d but ffie remammag temp ad ca"= don uauam in fill &W aid doxt 0 COPVRIGUrSPECTRA ENMOrCOm ZOO7Au Rmnn RPSaBv= RSPRODUC7MOFANYPORTIONtS arilC17'vP1N1mmnzD 65 ` Ti mansion Gaideffna Maritimes & Northeast Pipeline T-1Technical Mmol Guideline Name: Requirements for Construction Guideline Number: T"10C Near Company+ fteknes Date: 0GiZ0MU I Page: 44 of 46 APPENDIX D SUIDL46RY CHECKLIST FOR POTENTIAL EXCAVATORS An Encroachment Agreement or an On-site Approval Agreement is required by the Company for all third party excavations occurring within the Company's pipeline right-of-way or 30 metre National Energy Board (NEB) Safety Zone. The third party shall adhere to the requirements of the Company's Td -1.0C, RRequiremente For Construction Near Company PipelinesO and the NEB Pipeline Crooning Regulations. A minimum of 10 days notification is required prior to beginning any construction activities within the 30 metre NEB Safety Zone. No excavation or backfill activities are to occur without the Company re resentative onsite to monitor these activities. Preliminary Third Party Responsibilities 0 The third party shall ensure notification is submitted to the Company via one -call where available or by calling 1-888-444- 6677 to allow the appropriate time for response by the involved parties_ • The third party shall designate a spotter dedicated solely to excavation and backfill activities,.. ID The third party shall provide an excavation plan to the Company representative for approval prior to beginning any excavation activities as outlined in this document. The third party shall review this document with all participants in the excavation and ensure the understanding of the requirements. Third Party Excavation & backfill Activities • Bucket teeth shall be barred and side cutters removed. • The third party shall ensure the excavation is in compliance with COSH and NEB regulations, 0copyRa rSPEcTjuEmnaTCOSPW07ALLmmRm=vED 9WROMMON6FAJWP0Rn0N J3 STXICMTPWJWIBffED M4av444rnoe Rr Nn"hnaot D:v%a1Y1nar Tlrammission GaideMms Lath awauvL7 w 1 \vi 2,1LaViM7r i iiF%,AAJ V 11W reckni d Ahma Guideline Name: Requirements for Construction Gddel meNumben TG-OIOC Near Company elines Date: OW012012 IPage: 45 of 45 * The excavator shall be positioned parallel to the Company's pipeline to safely excavate the pipeline. fi A line locator and/or probe bar shall be used to maintain the minimum tolerance zone until the top and side of the pipeline is exposed. soft digging equipment shall be required at the third party, s expense for excavating within the minimum tolerance zone unless otherwise agreed. ® The third party shall continue to probe during the excavation process to ensure no unknown facilities are damaged until the final ditch grade is achieved. Ample time shall be provided to allow the Company representative to perform relevant inspections prior to proceeding with backfill operations. Third Party Documentation An as -built drawing/sketch of the final completed foreign facility shall be provided to the Company as outlines in this document. Company Responsibilities * The Company's representative will ensure the excavation plan and safety requirements are reviewed with the third party equipment operator prior to any excavation activity. Provide third party with a copy of this document and the NEB Pipeline Crossing Regulations. * The Company representative shall have the authority to stop work at any time.. c corrarcer sPRcm ENm arCasr2W Au, xwnn mmxwo xarxoD uC7MOPANrroxrrON ►s srxrcnrteourxUM 67 Maritimes & Northeast Piipeiine of �- Teehu� Tirchni GuUdws iasl Maaual Guideline Name: Requirements for Construction Guideline Number: TG-OJOC Near Company Pipelines Date: 06/20/2012 1 Pale: 46 of 46 + The Company representative shall establish the tolerance zone for use of mechanical equipment in the vicinity of the Company's pipeline as outlined in this document.. ff The Company is required to notify the National Energy Board of any unauthorized excavations within the NEB 34 metre safety zone or an unauthorized crossing of the Company's pipeline. 0 LaPYRmGHrSPB'CPRA RvEwrCORP2W AlLJt a m jmj m{m RMROZWCUONOP"rPoArwIvasnuc7L7P1[Dli xWED jj f$n A Ed I��e�pp��N��SE �� €... •ao+■�iea` I ii 1�� i! �Sp ■ � � � � �� '�� $ Is� '�aln -!fit ' a Izc, ,1 I ij ' I d L- r:li : I I I I I�r 6 Axil 4.7 0 �® .,.. .ill: l�iZ 12 oil l■p1■4� oil g..,g.00Jede i 6ll:1I10I- a s w aa I¢ 1} 4Y ■ C R F C ! 1 � �='';` 45 7S l ve` '� � �I, I� '. Ei� l� i - �`r .1 I •., I I '�. I � !.+S Y FF I fi I III 'r' L f Nb�- �•- IT- 10 �'!`?*�; a _ h !I ! T rnl _��` �1y�6 \\\\ - � ` � , , r � I'i I II I� �i I V i'• E I !' I I � II''I� ii4 II •;I� ,- ia �� .�• I ,, I II IL' �'I! �.1� I� ,I 'SIE �,I, .,' � �:�i,y !V 70 REPORT TO COMMONCOUNCIL M&C2015-02 January 7, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: HIGHWAY USAGE PERMIT (HUP) TRANSFIELD DEXTER GATEWAY SERVICES LIMITED ROUTE 1 BACKGROUND , 4J 111t aq of SAM 1M As part of the project Honeysuckle/Sherbrooke Drainage Basin Storm Sewer Improvements — Phase 3, the City will connect a new 375mm diameter storm pipe to an existing catch basin adjacent to Route 1 as well as install approximately 275m of new 300mm diameter sanitary pipe adjacent to Route 1 Westbound Lanes. The administration and control of Route 1 has been delegated by New Brunswick Highway Corporation (NBHC) to Route 1 Gateway Project Company Ltd. (RIG Project Company) and sub -delegated to Transfield Dexter Gateway Services Limited (Operator). A Highway Usage Permit (HUP) is required for infrastructure constructed within the limits of Route 1. The agreement is not unlike a railway crossing licence or an agreement to cross natural gas pipelines in that a permit holder, the City, is required to commit to a standard set of terms and conditions in return for the privilege of placing its infrastructure within the limits of Route 1. The HUP attached to this M&C is substantially the same as previous permits with NBHC in respect to its terms and conditions. The requirement for a security deposit and the fees are set by Regulation 2009-506 under the New Brunswick Highway Corporation Act. There is no security deposit requirement in this case, the fee on issuing the HUP is $2,000.00 and the annual fee is $2,500.00. 71 M&C2015-02 January 7, 2015 Page 2 PURPOSE The purpose of this report is to present the agreement to Council for its consideration. INPUT FROM OTHERS The City Solicitor's Office has reviewed the agreement between New Brunswick Highway Corporation and R 1 G Project Company together with the Order in Council 2010-145 authorizing such agreement. As well, the City Solicitor's Office has reviewed the HUP with input from the City's Insurance Co-ordinator. RECOMMENDATION It is recommended that the City of Saint John enter into "Highway Usage Permit {HUP} D2014- 002" with Transfield Dexter Gateway Services Limited, in the form as attached to this M&C No. 2015 - 02, and that the Mayor and Common Clerk be authorized to execute the said HUP Respectfully submitted, I � / Michael Baker, P. Eng. Municipal Engineer Wm. Edwards, P. ng. Commissioner Transportation & Environment 72 3 Brian Keenan, P Eng. Engineering Manager J. Patrick Woods, CGA City Manager HIGHWAY USAGE PERMIT No. D2014 -W2 THIS PERMIT issued in duplicate copies this _ day of 20 FROM: Transfleld Dexter Gateway Services Limited, a body corporate incorporated under the laws of the Province of New Brunswick (hereinafter called the 'Operator"); TO. City of Saint John, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "Applicant"). WHEREAS the Minister of Transportation and Infrastructure (the "Minister") under and by virtue of the Highway Act, being Chapter H-5, R.S.N.B. 1973 (the "Highway Act") has the administration and control of highways in the Province of New Brunswick, AND WHEREAS the administration and control of the Route 1 Facility (the "Highway") as defined in the OMR Agreement, Schedule 4, a copy of which is available to the Applicant upon request, has been given to the New Brunswick Highway Corporation ("NBHC') by the Minister with the approval of the Lieutenant -Governor in Council; AND WHEREAS the Route 1 Gateway Project Company Ltd. ("RIG Project Company") is a delegate of NBHC; AND WHEREAS the Operator is a sub -delegate of NBHC and may, as such, issue highway usage permits (as that term Is defined in the New Brunswick Highway Corporation Act) with the approval of RIG Project Company in connection with the Highway; AND WHEREAS the Applicant has requested a Highway Usage Permit for the purpose of connecting a new 375mm diameter storm pipe to an existing catch basin adjacent to Route 1, near kilometer marker 120 ("Location 2"), and for the purpose of installing approximately 275m of new 300mm diameter sanitary pipe adjacent to the westbound ramps at Fait 119 ("Location 3"), which installation, construction methods and dimensions, materials and schedule are more particularly described In the Project Outline annexed hereto and forming a part hereof and marked as Appendix "A" (sometimes referred to as the "Construction" or "Work"); AND WHEREAS the Applicant has requested authorization to carry out the Work on the Highway in accordance with the Applicant's Traffic Control Management Plan, a copy of 73 which is annexed hereto and marked as Appendix "A1" (the "Traffic ControW), and forms part of the Work, AND WHEREAS the Operator has, with the Approval of RIG Project Company, agreed to issue to the Applicant, a Highway Usage Permit (the "HUP") upon the terms and conditions herein set forth which forms part of this HUP. ARTICLE 1 1. GENERAL 1.01 The Operator hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon and use the Highway location detailed in the Work (the "Approved Site") on a non-exclusive basis for the use and purposes of the Work. FEES 1.02 The Applicant agrees to pay to the Operator for each year during the term of the HUP, the fees that are or may be established under Regulation 2009-156 made under the New Brunswick Highway Corporation Act as may be amended, revised and/or supplemented from time to time. 1.03 As a result of the Work scheduled to be installed, operated and maintained on the Highway, and in addition to any fees that may be imposed in accordance with subsection 1.02, the applicant shall pay a) on issuance of this HUP, a one time fee of $2,000.00 plus HST pursuant to Section 11 of the Highway Usage Regulation — New Brunswick Highway Corporation Act, and b) effective April 1, 2014 and for each fiscal year thereafter, an annual fee of $2,500.00 plus HST pursuant to Section 10 of the Highway Usage Regulation 1.04 The annual fees payable under this section are due and payable on the first day of April in each Fiscal Year, and are to be made by certified cheque payable to the NSHC. Cheques are to be forwarded to the Operator as follows: Page 2 of 19 74 HUP x2014002 Transfleld Dexter Gateway Services Limited Attention: OMR Manager 39 Phaeton Drive PO Box 1035 Hampton, NB E5N 8H1 1.05 The Applicant acknowledges and agrees that failure to pay the fees, within thirty days from receipt of the invoice for same, shall result in the termination of the HUP. ARTICLE 2 2. CONSTRUCTION/WORK 201 The Applicant, Its contractors, subcontractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at Its own expense, perform the Work on the Highway in accordance with the terms and conditions herein set forth. 2.02 The Applicant shall carry out the Work in accordance with and meeting the prescribed standards by all applicable federal and provincial statutes, as amended from time to time, and municipal by-laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Work or which apply to or otherwise affect the Applicant and- its business assets, insofar as same relates to the Work, including, but not limited to, this HUP, the Highway Act, the New Brunswick Highway Corporation Act, Regulation 2009-156, the 0MR Agreement, the New Brunswick Work Area Traffic Control Manual and all environmental and occupation health and safety laws. 2.03 The Applicant undertakes to submit all plans and specifications detailing location, timing, duration and method of the Work to the Operator prior to the commencement of any of the Work. The Applicant hereby agrees to not undertake or commence any of the Work prior to receiving written approval from the Operator. It is understood and agreed between the parties hereto that approval of the plans and specifications for any Work to be carried out on the Highway does not in any way affect or alter the Applicant's responsibility for the design or implementation of the Work, and the Operator hereby specifically denies any such responsibility. Page 3 of 19 75 HUP D2014-002 2.04 The Applicant agrees to complete and deliver to the Operator a final "as built" plan detailing all construction undertaken as part of the Work completed at the Approved Site within three months of the completion of the Work. 2.05 The Applicant shall carry out the Work in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0-0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.06 The Applicant shall during the period of the Work. (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the site where any of the Work is taking place; and (ii) ensure that Its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.07 The Applicant shall, upon the request of the Operator, provide to the Operator Within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of sections 2.05 and 2.06 hereof. 2.08 No material or equipment shall be deposited or stored on the Highway or the Approved Site without the prior written approval of the Operator. 2.09 All brush and debris resulting from the Work shall be disposed off the Highway and the Approved Site by the Applicant, and at the expense of the Applicant. 2.10 The Work at the Approved Site shall be restricted to the hours between 30 minutes after sunrise and 30 minutes prior to sunset, and shall not be carried out during times of reduced visibility, inclement weather or where the Work will interfere with the delivery of winter maintenance services on the Highway. 2.11 The Applicant shall give the Operator not less than five (5) business day's written notice of its Intention to commence the Work, and the Applicant shall not commence the Work prior to receiving written approval from the Operator. 2.12 The Applicant shall ensure that It, its contractors, subcontrators, workmen or agents abide by and will be bound by the terms and conditions of this HUP. 2.13 No construction shall disturb the asphalt surface of the Highway without the prior written approval of the Operator. Page 4 of 19 76 HUP D2014-002 2.14 Notwithstanding 2.13 and although directional drilling is normally required, the Applicant shall be permitted to use an open trench method for the crossing of Catherwood Street only subject to the following conditions: (a) All work which disturbs the asphalt surface shall be started and completed within one weekend that being a Saturday and the following day (Sunday). (b) Catherwood Street, at a minimum, shall be kept open to one traffic lane throughout the day and two-way traffic at the end of the day. (c) The Applicant shall issue a public advisory notice of the disruption to traffic on Catherwood Street a minimum of 5 days in advance of the Work via the media including local radio and newspapers as well as the City of Saint John's website and Gateway Operations' website. (d) The asphalt surface and all associated infrastructure disturbed by the Work shall be restored to the satisfaction of the Operator. ARTICLE 3 3. STANDARD OF CONSTRUCTION 3.01 (a) The construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. If, in the Operator's opinion, acting reasonably, the construction is not being carried out in a good and workmanlike manner in accordance with section 2.02 hereof and in accordance with the plans and specifications submitted pursuant to section 2.03 hereof and approved by the Operator, the Operator may advise the Applicant of the basis for its opinion and the Applicant will rectify any deficiencies in the construction to the reasonable satisfaction of the Operator. The Applicant agrees to forthwith rectify and repair any deficiencies in the construction to the reasonable satisfaction of the Operator. If the Applicant does not forthwith rectify and repair the deficiencies to the reasonable satisfaction of the Operator, the Operator may suspend performance of the Work by giving written notice to that effect to the Applicant; such suspension shall be effective in the manner specified in the notice. It is understood and agreed between the parties that any request by the Operator for the Applicant to rectify deficiencies in the construction or the Invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, regardless of the reasonableness of the Operator's opinion, and any such claim Is hereby specifically barred. It is further understood and agreed between the parties that failure of the Operator to give instructions in regards to the construction does Page 5of19 77 HUP D2014-002 not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. (b) Notwithstanding the provisions of paragraph 3.01(a) hereof, where the Operator is of the opinion that the construction poses a hazard to the safety of any person using the Highway, the Operator may request that the Applicant take such action, as is necessary, in the opinion of the Operator, to alleviate the hazard. Upon receiving such a request, the Applicant agrees to forthwith take the requested action at the cost of the Applicant. If the Applicant falls to take such action, the Operator may take such action as Is necessary to alleviate the hazard. If the Operator is required to take action under this paragraph, the Applicant shall, upon demand, reimburse the Operator for all expenses reasonably incurred in connection therewith. Any request issued or action taken by the Operator under this paragraph, shall not give rise to any claim by the Applicant and any such claim Is hereby specifically barred. It Is further understood and agreed between the parties that fallure of the Operator to issue a request or take action under this paragraph does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. 3.02 The Applicant shall use every reasonable effort to ensure, where practical, that: (1) all construction is performed in a manner that causes no damage to the Approved Site or the Highway, (11) thru traffic flow is maintained on the Highway during all construction according to the most recent New Brunswick Work Area Traffic Control Manual, as amended from time to time, the receipt of which the Applicant acknowledges; (iii) the construction does not interfere with or obstruct the Highway or traffic thereon except, with the prior written approval of the Operator, as may be reasonably necessary or required during actual periods of construction; and (14 the construction does not alter or interfere with the drainage pattern of the Highway or any property that is adjacent to or downstream of the Highway. 3.03 Notwithstanding paragraphs 3.01(x) and 3.01(b) hereof, if, in the opinion of the Operator, the Work Including any construction or maintenance activities of the Applicant cause or result In disturbance to the asphaltic surface of the Highway or otherwise cause damage to the Highway, Including the area within the Highway right-of-way, the Operator may, (but shall not be required to) in addition to and without prejudice to its other rights and remedies available Page 6 of 19 HUP D2014-002 hereunder, undertake and complete such repairs and/or remedial work (including the removal and replacement of any improvements and structures installed under the authority of the HUP) as the Operator considers appropriate, acting reasonably . All such repairs and/or remedial work including all costs Incurred to deal with any emergency situation resulting from performing the Work including construction or maintenance shall be at the sole cost and expense of the Applicant and the Applicant covenants to forthwith pay to the Operator, on demand, all costs and expenses, direct or indirect, Incurred by the Operator in attending thereto together with interest thereon from the date any such expense is incurred to and Including the date payment at the Average Prime rate plus three percent (3%) per annum, calculated daily not in advance. it is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, NBHC, RIG Project Company or the Province regardless of the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred. 3.0+4 If, in the opinion of NBHC and/or the Operator, in each of their sole and absolute discretion, it Is not expedient to remedy any damage to the Highway, including any portion of the right-of-way and/or disturbance to the asphaltic surface of the Highway, NBHC and/or the Operator may require the Applicant to pay and amount equal to the costs which, in the reasonable estimation of NBHC and/or the Operator, would be incurred by NBHC and/or the Operator to complete the repairs and /or the remedial work necessary to repair the highway, the right-of- way and/or the asphaltic surface of the Highway to the standard satisfactory to NBHC and/or the Operator. NBHC's and/or the Operator's determination of this amount shall be final and binding for all purposes of the HUP. It is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against NBHC and/or the Operator, regardless of the reasonableness of NBHC's and/or the Operator's opinion, and any such claim is hereby specifically barred. 3.05 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property administered by the Operator: (i) the applicant will immediately cease all work in that area, and (11) the applicant will Immediately Inform the Operator of the said contamination in order for the Operator to assess the situation. 3.06 If the Applicant fails to abide by section 3.05 and contamination is later determined to have been present, the Operator, Her Majesty the Queen in Right of the Province of New Brunswick, NBHC or RIG Project Company shall not be responsible for the resulting deterioration or damage, which shall be for the account of the Operator. Page 7 of 19 79 HUP D2014-002 ARTICLE 4 4. REPAIRS TO THE APPROVED SITE 4.01 Upon completion of the Work, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Site to the extent necessary to restore the Approved Site to at least the condition existing prior to the commencement of the Work in a manner satisfactory to the operator. 4.02 All repairs to the Approved Site, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Site or to the Highway, caused by the construction, or use of the Approved Site at the request and to the reasonable satisfaction of the Operator, shall be the responsibility of the Applicant. 4.03 If the Operator is required to make any repairs to the Approved Site or the Highway as a result of the Work by the Applicant, the Applicant shall, upon demand, reimburse the Operator for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Operator shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this Article and allow the applicant a reasonable opportunity to forthwith proceed to diligently repair the same. ARTICLE 5 S. LIABILITY AND INDEMNITY 5.01 The Operator, the Crown, NBHC or RIG Project Company shall not be responsible for any damage to the Work of the Approved Site, from any cause whatever other than damage resulting from the gross negligence or wilful misconduct of the Operator, Crown, NBHC or RIG Project Company and their respective officers, employees and agents. S.02 The Applicant hereby agrees to indemnify and save harmless the Operator, Her Majesty the Queen in Right of the Province of New Brunswick and any and all departments, ministries, agencies, boards, commissions and/or corporations thereof (hereinafter referred to as the "Crown"), NBHC, RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants, from and against all liabilities, damages, claims, suits and actions whatsoever Page 8 of 19 :1 HUP D2014-002 resulting in any way from the Work or the operations, use, maintenance or repair activities of the Applicant or of its employees, agents, contractors or subcontractors in respect hereof. 5.03 The Applicant shall promptly pay compensation to the Operator, NBHC and RIG Project Company for all damages suffered by the Operator, NBHC and RIG Project Company as a result of the indemnity at section 5.02 and/or of the Work or the operations, use, maintenance or repair activities of the Applicant. 5,04 The Operator, the Crown, NBHC and RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants shall not be responsible for any damages suffered by the Applicant as a result of the Work or the operations, maintenance use or repair activities of the Applicant in respect of the Work. ARTICLE 6 6. INSURANCE 6.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of this HUP and any extensions or renewals thereof general liability insurance in form and content acceptable to the Operator, NBHC and the RIG Project Company acting reasonably, to protect Applicant, its contractors and subcontractors, as well as the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns, and their respective shareholders, directors, officers, legislators, employees, agents and servants. 6.02 Such insurance shall provide coverage for property damage to the Approved Site and the Highway, including loss of use thereof, and shall protect the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns and their respective shareholders, directors, officers, legislators, employees, agents and servants from all claims arising out of liability for property damage, bodily injury (including death) and personal injury arising out of the Work or out of occupancy of or operations in connection with this HUP. 6.03 This liability Insurance shall provide for, but not be limited to: IQ a $5.0 million limit of liability per occurrence; (il) Sudden & Accidental Pollution coverage for all insured perils; (119 broad form occurrence property damage (including coverage for loss of use without property damage); Page 9 of 19 HUP 177014002 (Iv) cross liability and separation of interest with respect to each Insured; (v) the Operator, the Crown, NBHC, RIG Project Company, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants to be Included as Insureds or Additional Insureds with respect to liabilities arising out of the Work or out of the occupancy of or operations in connection with this HUP; (vl) breach of any of the terms and conditions of the policy, or any negligence or wilful act or omission or false representation by any other Insured or other person, shall not invalidate the insurance with respect to the Operator, the Crown, NBHC, RIG Project Company, any of their permitted successors and assigns, and any of their respective shareholders, directors, officers, legislators, employees, agents and servants required to be Included as Insureds. 6.04 At all times during the term of this HUP, all insurance policies shall be issued by financially sound insurers licensed to carry on business in Canada or in one or more of the provinces or territories in Canada. Insurers shall not cancel or materially change the policy until sixty (60) days prior written notice has been provided to the Operator and NBHC. 6.05 If closely held Insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance to provide any insurance required by this HUP, the Applicant shall provide ninety (90) days prior written notice to the Operator and RIG Project Company of the program structure and participants with sufficient information to permit the Operator and RIG Project Company to determine what, if any, supplementary Insurance requirements may be needed (e.g. "cut -through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Operator, the Crown, NBHC, RIG Project Company, their permitted successors and assigns, and their respective shareholders, directors, officers, legislators, employees, agents and servants required to be Included as Insureds. 6.06 Certified true copies of all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Operator and RIG Project Company, shall be delivered to the Operator and RIG Project Company prior to any Construction. Certificates of insurance, or other documentation in form and content acceptable to the Operator and RIG Project Company, evidencing any renewal of these insurance policies or any replacement insurances, shall be delivered to the Operator and RIG Project Company not later than fifteen (15) days prior to the expiration of existing policies. Certified Page 10 of 19 HUP D2014-002 true copies of all renewal or replacement policies shall be delivered not later than ten (10) business days after a written request from the Operator or RIG Company. 6.07 If any contractor or subcontractor hired by the Applicant, or conducting any operations or construction in connection with this HUP on behalf of the Applicant, is not insured under the general liability insurance required to be purchased and maintained by the Applicant, the contractor or subcontractor shall purchase and maintain in full force during the term of its operations, general liability Insurance, in form and content acceptable to the Operator and RIG Project Company, that meets all the coverage and administrative requirements set out in this Article 6. 6.08 The Operator, NBHC, RIG Project Company and the Crown shall not be responsible for any damage to the Applicant or the construction from any cause whatsoever, other than resulting from gross negligence or wilful misconduct of the Operator, NBHC, Project Company and the Crown and their respective officers, employees or agents. ARTICLE 7 7. MAINTENANCE AND REPAIR OF WORK OR UNDERTAKING INSTALLED 7.01 Fallowing completion of the Work, the Applicant may, during the term of the HUP and upon providing notice to the Operator, enter upon the Approved Site for the purpose of maintaining, inspecting, repairing or removing any worst appurtenances, attachments, apparatus and equipment belonging to the Applicant. 7.02 In performing the maintenance or repair of the Work as provided for Under Paragraph 7.01, the Applicant will comply with the terms and conditions set out under Articles 2, 3 and 4, making the necessary modifications when necessary. 7.03 In exercising a right granted by this HUP, the Applicant, its agents, servants or anyone acting on its behalf shall be liable to the Operator, the Crown, NBHC and RIG Project Company for all damage caused to the Approved Site and any other property damaged and shall make full compensation for all damage caused or arising while carrying out the activities. 7.D4 After construction and prior to operating the Work, the Applicant shall file a Certificate of insurance with the Operator that verifies that it is insured against any liability that it may incur in operating, inspecting, maintaining or repairing the Work located in, on, along, above or under the Approved Site by an insurance company licensed to do business in the Province of New Brunswick Page 11 of 19 HUP D2014-002 which insurance coverage shall be of a type or class and in an amount approved by RIG Project Company. 7.05 In the event the Highway is realigned and that portion of the Highway in the area where the Work or any structure, appurtenances, attachments, apparatus, devices and equipment associated therewith are located, no longer forms part of the Highway, the Applicant shall forthwith remove the same upon notice from the Operator and/or NBHC (the "Abandoned Section"). 7.06 The materials including the Work on the Abandoned Section shall be removed at the sole expense of the Applicant. The Applicant shall remove the same and remedy and rehabilitate that former portion of the Abandoned Section to the satisfaction of the Operator and NBHC. Any such work done by the Applicant shall be carried out completely at the expense of the Applicant. 7.07 The Applicant shall have the full right and permission where necessary to enter Into the Abandoned Section with people, machinery and material for the purpose of carrying out such obligations however any damage to the same thereby occasioned and where required paying compensation for the damages to the Operator and NBHC arising from such entry. Any such work done by the Applicant pursuant to this provision is to be carried out completely at the expense of the Applicant and the condition of the area returned to the same condition as it existed prior to entry. 7.08 The Operator shall use all best efforts to cooperate with the Applicant to obtain such further Highway Usage Permits as may be required to permit the Applicant to reinstall the Work and or any appurtenances, attachments, apparatus and equipment associated therewith in a prompt manner. ARTICLE 8 8 TERMINATION 8.01 This HUP shall terminate: (a) on the 30h day of June, 2040, or (b) at the option of the Operator, with the approval of RIG Project Company, upon a 30 business day written notice to the Applicant: Page 12 of 19 HUP D2014-002 (1) if the Approved Site is used for any purpose other than that described in Article 1; (11) in the event the Applicant shall not have commenced the Work on the Approved Site within 1 year from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; or (iii) if the Applicant defaults in observing or performing its obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Operator by way of written notice thereof, the Operator may at its sole discretion (and with the approval of RIG Project Company) and without recourse by the Applicant terminate this HUP; or (c) at any time, In the sole and absolute discretion of the RIG Project Company, upon such terms and conditions as the RIG Project Company considers appropriate but the obligations of the Applicant under this HUP shall survive such cessation and determination of such permission. If this HUP is terminated pursuant to subparagraph 8.01(b) or (c), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 8.02 The Operator, the Crown, NBHC and RIG Project Company shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 8.03 In the event the Applicant elects to terminate this HUP, it shall so advise the Operator In writing which notice shall terminate this HUP. 8.04 Upon termination of this HUP pursuant to sections 8.01 and 8.03, the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all the terms and conditions which RIG Project Company in its sole and absolute discretion considers appropriate to fulfill the Applicant's obligations under this HUP and to restore the Approved Site, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to this provision shall be carried out completely at the expense of the Applicant. Page 13 of 19 HUP D2014-002 US Notwithstanding any provision of the HUP, RIG Project Company or NRHC may, In their sole and absolute discretion, cancel, terminate or reinstate this HUP in accordance with such conditions as RIG Project Company and/or NRHC directs. ARTICLE 9 9. NATURE OF HUP 9.01 The Applicant's right to enter the Approved Site for the purpose of installing, constructing, operating and maintaining the Work pursuant to this HUP is as a mere licensee. This HUP does not grant or convey to the Applicant any title to the Approved Site or the Highway. 9.02 It is understood and agreed that with respect to any plans, including the plans specified In sections 2.03 and 2.04 to be prepared by the Applicant for purposes of the Work or for identifying property or the status of title of property, the Operator does not, in any way, represent or warrant to the Applicant that the Approved Site is located as shown on the said plans or that NRHC owns or controls all or any portion of the right-of-way shown. The location of the Approved Site is determined by the Applicant at its sole risk and the Work is undertaken thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Site, it shall examine such title and ownership at its own expense and the Operator shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Operator. 9.03 This HUP is non-exclusive. The Operator hereby reserves the right to grant permission to other persons to use the Approved Site for whatever purpose the Operator deems appropriate provided, always, that the Operator shall not permit any other person to use the Approved Site for any such purpose if such use or any construction of other work In connection therewith would in any way interfere with the Applicant's use thereof. 9.04 This HUP, and any right conveyed herein by the Operator to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Crown, RIG Project Company or the Operator to any other persons or corporations to use the Approved Site. The Applicant hereby agrees not to damage or in any way interfere with any other person's use and enjoyment of the Approved Site. The Applicant further agrees to reimburse any person for the costs of any damages to their plant or equipment located on the Approved Site arising from or caused by the negligence of the Applicant In the Page 14 of 19 HUP D2014.002 carrying out of the Work and/or operating, using, and maintaining the Work on the Approved Site. 9.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, voidable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 9.06 This HUP in no way affects or binds any other minister, department, agency or crown corporation of the Province of New Brunswick, or shareholder or affiliate of the Operator. ARTICLE 10 10. NOTICE 10.01 Any notice, direction or other instrument required or permitted to be given to the Operator hereunder shall be in writing and delivered personally or by courier or sent by facsimile to the Operator at: Transfield Dexter Gateway Services Ltd. 39 Phaeton Drive PO Box 1036 Hampton, NB ESN RK Facsimile (506) 832-3408 or to such other address or fax number as the Operator may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and delivered personally or by courier or sent by facsimile to the Applicant at: City of Saint John P.0.13ox 1971 Saint john, NB EZL 41.1 Attention: Common Clerk Facsimile (506) 6744214 Copy: Chief City Engineer Facsimile: (506) 658-4740 Page 15 of 19 HUP D2014-002 or to such other address or fax number as the Applicant may from time to time designate in writing to the Operator and RIG Project Company. 10.02 Any notice, direction or other instrument aforesaid, if delivered personally or by courier, shall be deemed to have been sent and received on the date on which it was delivered or, if faxed, shall be deemed to have been sent and received on the day on which transmission Is confirmed. 10.03 For purpose of this Article, "Business Day" means any day which is not: (i) a Saturday or a Sunday, or (ii) a day observed as a holiday under the laws of the Province of New Brunswick. ARTICLE 11 11. NEW BRUNSWICK LAWS OR REGULATIONS 11.01 This HUP will be Interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provisions of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 11.02 The New Brunswick Highway Corporation Act, regulations made thereunder, the Highway Act and regulations made thereunder, as each maybe amended from time to time, and any act or regulations made in substitution thereof apply to this HUP and the Applicant agrees to be bound thereby. ARTICLE 12 12. SINGULAR - PLURAL 12.01. Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. ARTICLE 13 13. BINDING EFFECT Page 16 of 19 HUP D2014-002 13.01 This HUP, and everything herein contained, shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be constructed as permitting any assignment by the Applicant not authorized by this HUP. ARTICLE 14 14. ASSIGNMENT 14.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of RIG Project Company. ARTICLE 15 15 NDN MIVER 15.01 Failure by the Operator, NBHC or RIG Project Company to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Operator or NBHC or R1G Project Company to require or insist that an action be taken according to the terms of this HUP. ARTICLE 14 16 AMENDMENTS 16.01 If at anytime during the continuance of this HUP, NBHC or RIG Project Company deems it necessary or expedient to make any alteration or additions to this HUP or to transfer, suspend, renew or reinstate this HUP, it may do so by means of a written notice to the Applicant which shall be supplemental to and form part of this HUP. ARTICLE 17 17. TIME 17.01 Time is of the essence of this HUP. ARTICLE 18 18. INTER Page 17 of 19 HUP D2014-002 18.01 Terms used herein and not otherwise defined, which are defined in the New Brunswick Highway Corporation Act and regulations thereunder shall have the meaning ascribed to them therein Page 18 of 19 [Remainder of page intentionally left blank. Signatures continued on following page] a HUP D2014-002 IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit on the day, month and year first written above. SIGNED, SEALED & DELIVERED: Witness TRANSFIELD DEXTER GATEWAY SERVICES LTD. Mark Kenny OMR Manager CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution .2014 Page 19 of 19 HUP D2014-002 91 Appendix A 92 Highway LIMP PamlrApplkadw — Prof eet Dudine CRY of Saint John HWMUCWW�bftrooke &alwar Bada -SMon Seylerimpfovemew hdy201d Page 1 It is the City's Intention to obtain the required Highway Usage Permit (HUP) for Location 2 and 3 at this time. For clarity of the project as a whole we have included Locations 1 in our Project Summary/Project Background. A Highway Usage Permit (HUP) has already been obtained for Location 1. Table 1- Profect Summanr LOCATION INFRASTRUCTURE LOCATION ON NOTES ASSOCIATED ROUTE 1 FIGURE'S OVERALL SITE PLAN Figure SP Location 1- 310m of new 900mmO Adjacent to Route 1, Landscaping restoration TENDER 2 - concrete storm pipe Eastbound, between and fence removal and Sherbrooke Street and associated Highway Kilometer reinstallation or to Honeysuckle landscaping, Markers 118 and replacement as required. Drive along Route U9. It is not expected that (Previously 1 any gulderail will be Submitted and removed or that any Approved) asphalt reinstatement will be required during construction activities. Location 2- Connection of new Adjacent to Route 1, Landscaping restoration TENDER 3 — Route 375mmO Storm pipe to Westbound, and fence removal and 1 near the end of existing catchbasin. between highway reinstallation or Figure 2 Earle Avenue and Kilometer Markers replacement as required Figure2a Edward Avenue 119 and 120. where construction (including ortho) activities take place. It is Construction not expected that any Drawings asphalt reinstatement will be required during Phase 3 — Sheet i construction activities. **See Attached Location 3- 275m of new 30Dmrn0 Adjacent to the Landscaping restoration Figure 3 TENDER 3 — PVC Sanitary pipe along Route 1 off ramp will be required where Catherwood Street the Route 1 off ramp (Westbound) dose to construction activities Figure 3a off ramp. (westbound) and Highway Kilometer take place. Asphalt (including ortho) crossing Catherwood Marker 119. restoration will be Construction Street. required an Catherwood Drawings Street where pipe Prase 3 — alignment crosses Sheets 3,4 roadway. "See Attached 93 Highway Usage ftM1tAPP k*&M —Pray Oufte ally of saintimm Haneys~herb=ke Dr&naga Sasta - StLym Sewrr lmpravoem ms July 2014 Page 2 Storm water collection and the separation of combined sanitary flow is a priority for the City of Saint John. The basic scope of work for this project was developed from the findings and recommendations of a prior study entitled Honeysuckle Drive Drainage Basin Study dated August 2010 by CBCL limited. Residents in the Honeysuckle Drive area situated along the Manawagonish Creek in the west end of Saint John have periodically experienced basement flooding along with erosion and loss of property due to high flows which occur during heavy rains and spring freshets. The City of Saint John, along with the assistance of Dillon Consulting, have investigated options to design and construct new drainage structures and storm sewer pipes to collect and convey local stormwater to assist with reducing these flood risks that have historically occurred. As part of these investigations it has been determined that infrastructure upgrades will be required in order to assist with minimizing the flooding potential. The ultimate objective of this project is to reduce flooding risks in the referenced areas by separating selected portions of combined sewers through the design and construction of new storm sewers, thus mitigating some or all of the risk of flooding currently experienced by some residents residing within the affected drainage area. Figure SP Is a site plan showing the location of all areas (See attached). Figures 2, 2a, 3 and 3a detail each individual project with and without ortho photographs (See attached Figures 2, 2a, 3 and 3a). Figures 1 and la were previously submitted and approved. PCgGiCIfi Overview A new storm system is proposed for portions of Cushing Street, Young Street and Lawrence Street, Sand Cove Road, Sherbrooke Street, Route 1 Right -of -Way (ROW), as well as Edward Avenue, Earle Avenue and Catherwood Street. In addition to new work on these City streets, there are three locations where the installation of new storm or sanitary sewer is required to cross lands owned and operated by the Department of Transportation and Infrastructure (I)TI) and Route 1 Gateway Operations (111G). Location 1 in the previous Table 1 summary includes approximately 300m of 900mm storm sewer to be installed along the eastern edge of the DTi ROW between Sherbrooke Street and Manawagonish Creek. This new line is required for Increased stormwater capacity created by the proposed combined sewer separation in the Sherbrooke Street and Sand Cove Road areas. While portions of the section along Route 1 were originally proposed as open swale, the design was revised to continuous pipe for less adverse impact to Route 1 Gateway Operations as requested by DTI. The new pipe will be installed parallel to existing storm and sanitary sewers and the proposed installation will not affect existing DTI Route 1 drainage Infrastructure (Figures 1 &1a, previously submitted). A HUP has been obtained for this work. Location 2 includes the Installation of approximately 90m of new 300 and 375mm diameter storm sewer, 30m of which is on the DTI ROW. The remainder will be installed on City of Saint John ROW immediately adjacent to the existing DTI ROW. The installation of the proposed storm sewer will allow the separation 0 High WRY usage Permitpppgwi w — PrgW outline aty of sain0a" Honey1u&e/5herbra0ke Drainagre Basin - Staorm Sevmr improvements Juy 2aU Page 3 of existing catch basins from the existing sanitary sewer at the ends of Edward Avenue and Earle Avenue (See attached Figures 2 & 2a). Location 3 Includes the Installation of a new 300mm PVC sanitary sewer which will allow the existing 600mm combined sewer to convey storm sewer only. The new sanitary sewer runs parallel to the existing 600mm combined sewer from the rear of the Lancaster Mall site to Beaver Court (See attached Figures 3 & 3a). It Is understood that scheduling and signage for construction will be subject to R1G approval. Cross Reference to Construction drawines Location 1(Sherbrooke Street to Manawagonish Creek) was previously submitted and approved Locations 2 and 3 are Included In the construction drawings for Phase 3. Applicable details for Location 2 (Route 1 to Edward Avenue and Earle Avenue) are shown on Sheet 1 and details for Location 3 (Lancaster Mall to Beaver Court) are shown on Sheets 3 and 4. Construction Methods 1For locations 2 and 31 The storm and sanitary sewer, manholes and connections required on NBDTI right-of-way will be Installed using conventional open trench construction methods. Compaction of backfill materials wi11 be carried out by appropriate compaction equipment as required. Location 2 (Tender 3) requires two small sections of fence (approximately 55m) at the end of Edward Avenue and Earle Avenue along Route 1 as well as adjacent to the Burger King Parking Lot at the on ramp of Route 1 (Westbound) be removed and replaced to install the storm infrastructure. The contract specifications and the drawings will advise the contractor of any and all rules and procedures that must be followed to perform this work. The specifications will require that the Contractor Install temporary fencing after hours where required during construction. Decorative trees located along the proposed route at all locations will be protected to the extent possible. Trees which must be removed will be replaced as required and subject to Dn directive in HUP. All work to be carried out during this contract will have full time inspection by Dillon Consulting Limited to ensure the requirements outlined In the drawings, specifications, and Route 1 Gateway Operations Project Technical Specifications and Standards are adhered to. 95 Highway usage Pte,mitAPP(iwtbt-PmlectDor►tllne aw of Saint imp Hancysuddcaherbro *e Drainage Basin - Storm Sewer Improvements July 2014 Page 4 DIlMensions -and Materii& (Far-Lop_dons 2 and 3 Location 2 (Tender 3) storm sewer is proposed to be 375 mm diameter PVC pipe connecting to the existing CB adjacent to Route 1(Westbound) between highway kilometer markers 119 and 120. Location 3 (Tender 3) sanitary sewer is proposed to be Son mm PVC sanitary pipe along the Route i off ramp (westbound) and crossing Catherwood Street at approximately highway kilometer marker 119. (Construction drawings and figures for Locations 2 and 3 are attached. All materials used will he per the City of Saint John General Specifications. Lindscool Any disturbed soils and landscaping will be reinstated to pre -construction conditions (or better). It is not anticipated that any asphalt will be disturbed during these works. Traffic Control Any disruptions to traffic as a result of these works will be submitted for approval in advance and will be done in accordance with the Workplace Area Traffic Control Manual (WATCM) and the HUP requirements. Work at Location 2 will require access from Route 1(Westbound) and wilt follow WATCM Figures 8-4 and &5. Work at location 3 will require access from both the off -ramp and on-ramp at Catherwood Street (near kilometer 199) and will follow WATCM Figures 8-13 and 8.14. construction access will be from Private or City owned property or from Route 1 as noted above. Schedule The work is planned to be undertaken during the 2014 construction season. Upon approval from the Route 1 Gateway Project Company, the project will go to tender immediately. 0 Ard"Miat �� HIGHWAY USAGE PERMIT APPLICATION Record No. Process: This permit application Is to be completed by any/ all party(les) that require &00889 to llt�. Facility In order to erect place. construct, develop, repeir. malydain or operate a wow wkhln the limb of the Facility. The permit application Is subject to review by the R1G Company and permission may or may not be granted to the applicant rased on that vwlaw. Work' awmns (a) a buBft, st wwr% wire, carie, One, biwwdWw &a, pole, pipe, p[ left main, aquo&4 sewer? sort U% *Woo, 9**ao for sign. (8) a mxe dont Wk Induding a waiting #d. alt brain Vat fde ba and mabdwd snow we" ftk (d) a peAft K smvke lot or storage lot, end (d} an eaabpin, I mum (ow►age) as per do OMm laid out In On FilyttaWUsers Ruladw—N"wayAot iV Mg WfD,-q Ire Company/ Organization: eemMO-I ITO Contact Name: 'Mw"m"m Addms: If4w w"Mu ■nasm .aura %K& ELM Telephone: °0°m' Fax: °°m=6110 Emag: Signature: general lnfbiri nation 1. Roman forappilcadon: trirEcnvcs'awrraa,inrnssEraw►, t toow owwruer rrn�mc ueEu -- TM'rI ErI1WrRMMR=nMAW wowcsen:a XUD ev.Nsoa AMArWA0erana 2. sJUS�scltications of=ed work and Its exact location: ► weu eeooaa; w oaaawoa:wrtnr tart carr Nr,laF111 ansoe►u aorta. rnw �wtr3�r onaoe eaerw,rsrsngwa flrn+nom sr Rrq. 3. AAeihad of construction or development of proposed work: 'ALLA" r1, t11rIpSQ p"Aw 4. Estimated value of the proposed wont: TME �11ei�'� S. Degree of disturbance that the construction or development of the proposed work may cause to the highway: 0wwT =T0meAm1'0FwOmCELENNEL mwavwreaw uasraauRoure9.Crr(MMA e r111YK7E PeaPER1YA8IIOrEBN TI�Kf1A�71EtFrROJECrC1lnRQ.AMi7pl�11aNYClkla<MMMD�R#� WaN'fHEylMipl OAC. lt1QAM""t-WI 6 RF*JWC 6 97 Oats., Nowwdw2a. 2019 Reck 1 of9 HIGHWAY USAGE PERM! J' APPUCATION Record No. 6. Expected duration of the construction or development of the proposed work: rrW BMqfflMW 1MT%VVMAT M Roues i VAL TAKE a V&Mw 00MR&M 7. Requested duration of the highway usage permit: AUMWM4 WVeMMMimr4• VXWT*1QWrORTWN9 OFTEMMMMM AWOM OFONTRACT REQUIRED PIANS 1. Plan of the proposed work, drawn to a scale of at but 1.1000, showing the RAMng: a) complete details of the proposed wort , including front, rear & side eievflons; and b) the msteriais to be used In the am1ruction or development of the proposed work. 2. 8ke plan of the proposed warts, drawn to a scale of at least 1:1000. showing the foltowitrg: a) the dimensions of the proposed work, including he location with the hlghoW, b) the location of any existing roadway, water, wooded area, wap or eAftV work; G) the layout of the proposed work; and d) any other Information deented to be required. The Applicant shall obtain and maintain General Uabi9ty insurance in full force at all times during tiro: term of the permlL As a minimum, the kwuranr.e coverage must adhere to the following: a) mud be lesued by an Insurance company licensed to conduct business In the province of New Brunswick; b) roust provide coverage for On liablilly that could result from the condnrction, derrelopmenk repair. malnter once or operation of worK c) must provide overage for the sudden and accidental pollution for all insured perils; d) must Insure We permit holder. Her Majesty, in tho right of the province, the New Brunswick Highway Corporation and their respecle agents; and e) must be in the amount approved by the Now Brunswick Highway Corporation. The attached Cortifloate of I neurance moat be completed and submitthd with the Highway Usage Permit Application. NOTE: the applk ant may be required to provide a performance bond and a labour and malarial payment bond, or oftr security upon request. EFS All application fours must be acoornpanled by a $100 Application Pea NOTE: if udflzing a cheque please ensure It Is payable to t hie Now 19rurrawtck NlahVWV Corooratioq, Please refer to the attached FlWmW Usage Permit Fee Schedule for all applicable Annual Fess. whiah must be paid on or before April 1 of each year. RIG AOM-PER4M 6 Reuretme S M DO: November 20. 2013 teas 2 ol3 _� te,, _ r. operations HIGHWAY USAGE PERMIT APPLICATION Record No. WNTAcT INRC1Ra TION C,hrls small IMS, Quality and Environmental Manager Gateway Operations PO BOX 1098 38 Phaeton ddw Hampton, N8 E6N 8H1 R1G ADM-PQi4D —F RWAW= S Telephone: 5W-832-2867 FOX: 5084332-3408 Email- csmalif kiatevrarrens.ca Dair Nwmvt 20. 4M3 Pvp 303 W r yy�g� �� ..;... E •III ��0 �Igg � � " �8� pygF� d•� ill � E �p��jE�,� 9! �� 1i E � � � i3�'� ,�'� � a � � 18 Mesa III If fe 1c a. .00J.1ee61 ii 1�1 O1■ aT# 8� ru 100 101 $�Jill p jq� w J� �. 1 I t I na_ i�a� 1 �[e iei ! ZZZ ..o,.. y 5� 6 i� � II I-� �� o� ` a �• O � ¢ijl I . 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F �a J r I z 'gu \ a I V O 2 � 110 f I 1 I I 861eoaM Old WW a3LM'1l�NNdWD�AYM"14W NS3H1l1089N Z F �a Oa� w I 110 f ■4 &�: x_ z �� - a ƒ�_, � . § §$ � E$ �B �§i■ ! � �§ a P § � ■ » � ? t §K �� • ƒ - < 5� •� � �� \ \ �2 t b a . 2 n y / .,c i'� �.` rL 4p 112 113 Pfp,rVft19*N8 team Servlees Dspataaxit swvloas des aotlsations I Portland 5t, Po Box 160 1, rue Portland, case postale 160 SarntJobnaBE2L3X9 'SalntJohnNOE2L3X9 NMAasawnwa Phone 506632-2630 T61dphone 506632-1610 Toll fr" 1 600 222-9775 Sans frals 1 600 222-9775 Fax 506 632-2819 TN6Copieur 546 632 -28 19 Web wwwwoftefi:nb.ca Web www.travallsecuritslr+enb.ce July 16, 2014 The following errployer(s) has(have) filed a statement of wages as prescribed by section 53(1) of the Workers' Compensation Act. This Is to confirm that they are registered with WorkSafeNB, have compensation coverage, their assessment has been paid, and their account Is In good standing for 2014. This letter is vaiid for 45 days from the date It was Issued. EMD10Ydr Employer Lepel Home mhh 499067 DILLON CONSULTEW LIMITED The following ernployer(s) is(are) registered with WorkSafeNB and has(have) compensation coverage for 2014. This Is to confirm that assessable earnings for this(these) employers) are reported monthly, their assessment Is paid monthly, and their account is in good standing up to the date Indicated with the employer. Employer AMIZIoyes Lepel IN M e 106477 CI1Y OF SAINT JOHN June 30, 2014 Under section 70 of the Workers` Compensation Act, the principal is equally liable for any unpaid assessment of a contractor. Note: An up-to-date clearance certificate should be requested before me king any settlement with a broker or contractor. The Principal Is liable for (i) any unpaid assessment of a registered broker or contractor, and (9) any assessment related to work carded out by an unregistered broker or contractor. If you require further Infortratlon, please do not hesitate to contact our office. Should you have questions with regards to an employer status with WorkSafeN% please contact Assessment Services at 506 632-2820 or toll free at 1-800-222-9775. r�fpeJh�w+Kporrfsl9�ca�ar�8000Iproductasp�Pr 114 to Appendix Al 115 _ Section 8 — Typical layouts for Mullane Abads NOTES: 1. For work on the lest shordder, sign the ather direction according to Figure 9.1 if work is wNhin 15 m of the opposing buriM ions and no median barrier is present. 2. Noworkma, equipment orvehides shall encroach an the travailed lane. Shuuldu Work Vsort Ouralinn tQ-1v or 1 han P] ansa, ares ilp. rm t r1:!,Yk All volumes A 3H 300 m 4000 a d0 70 100 160 D a 10 44 ss a 35 00 09 75 V — Erdnfing Speed L! nit;bm" A—Advo m Warning Dhdmce (m) a — minknim Ston spodng 00 D — Mardnwm DeNneator apedng (m) e — suftrAmo Length Im) 2009 Version 116 A _ ra�rrrasUO `arownawerr I NOTES: 1. For work on the left shoulder, sign 0te other direction according to fture B -t If work le within 18 m of ft opposing tragal lane and no medlen barrier is pMwL 2. No workers, equipment, or vehicles shall encroach on the traveled lane. 3. Continuous Barrier may be replaced by flexible drums or debeator posts if anticipated work duration Is 3 days or less. 4 Figure 84 shall be used for long duration shoulder work on bridge structures. V d0 00.78 80.00 110. 11,18 A 300 000 a00 11000 8 aPs t0 100 700 T 30 04 110 100 D 1 010 ails 10114 1611:4 IS 1 36 1 00 1 70 75 V — EdWOO speed Un* (lurdh) A—Advance Mame Dl tmo (m) 8— Lgnbnwn BtOn apscln0 (mj T -• Taper L.snO (rn) D—Yardmum Delisealor8pacing in Teper►Magent (mi B — NOW Ares Ltutpth (m) 2009 VwWon Section 8 — 7ypidef Layouts for Mulftne Roads 117 Am ---�� ririuios�raraurwauac 30 in (i� B m speeFngy Barrier with 4;1 approach topersquipped with emetractton rnadwre spaced at 0 (See NOTE 03) i .roman &WON" --` �e��arr�i► A Section S -- Typlcai L ayouts for Muffana Roar NOTES: tt oaMtwae� 1. Minimum lane width shall be at least 2.6 1' _ ...�► M o4acent to the acdl* area. #---- W--- 2 Advisory ramp speed shall be used W determining S. T. 0 and B values an to rung If no advh ary is posted. use Bo. ' 70 kndh. 30 m a Continuous bander may be replaced by •• (� s m spacing) flexible drums or da6neator pasts if anOCOB ed work duration is S days or lass. 4 • 4. Erdstbg advisory ramp speed may be reduoed where doomed necessary., A 360 3W 600 1000 8 s0 70 100 160 T m 04 110 160 D 610 8110 10114 16124 6 86 1 80 1 70 1 75 Revised 2010 118 SeOMM 8— Typical Layouts for Mulfflans Rosi MOTES: i If the ramp is too short to Movide distance `A', then Conahucllon Ahead signs shall be placed on both 81313madw on the secondary mad and display the appropriate dinmtionw arMs. 2. Continuous barrier may be replaosd by flexible drums or deenea6ar posts if anticipated work dunathn is 3 days or teas. 3. Minimum lane width shall be at but 2.5 m adjacent to the aceft area. 1- If ramp speed Is not posted, use 80-70 [ kMh far seledting A, A T, D and 0. A 300 300 we i1000 a s0 7s 100 "0 T 30 s4 110 180 D ars 8110 10114 18124 B 31 a0 70 1 71 V — E%Mng spasd UMIL (Mnfh) A—Advance Warning DWnce (n4 8 — Minimum 84n spaccing (mi T— Taper L,anath (m) D— Chcdmran Dalineatotapaaing in a — Bullar Area L englh inry Revised 2010 119 , -I 6'�� rwKi 30 m (a s m spading) 1 NMIfMMaMii - �aetpyU4s�pr NOTES: 1 Do not nit Construction Ahead or Cm wbftn Zone Begins. 2. only use algn when applicable. 3. When merging Figures 8-20 vM other tWPkxd fayoute, the distance A shall be mli mcwd 6o ft same location as in the accompanying layout. 1/-E dOng Speed Umit pow" A-Adgnrda tbmtnp Distance (m) 8 - IN Mmum sten Sp w" (no e 2009 Venlon Sec IOn d— T ypk s: ? Cornus f4 r Muffane Roads 120 A IJL ��Otultdli CONSTR ON ME yllll)i CAN MUM pmiwmrkr r� w.0&v%q }[ fxl mnmA S�I1Y2k6 l,✓ f .ra�7ey'nra� +4Uti'1'r+ 104 14�i4@r �s�k. �. it 'CrTIiWr _.A" M DEPORT TO COMMON COUNCIL M & C 2015-010 January 13, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Contract No. 2013-2: Dever Road — Sanitary Lift Station "Y" Replacement BACKGROUND The approved 2013 and 2014 Water & Sewerage Utility Fund Capital Programs include projects for the replacement of Sanitary Lift Station "Y" and associated sewer piping and structures along Dever Road, near the intersection with Greendale Crescent. In 2013 the City purchased a lift station package to replace the existing Dever Road Sanitary Lift Station "Y" (M&C 2013-194). The purpose of this report is to provide the tender results for construction of the civil works (wet well, sewer piping, force main and structures), and make a recommendation for award. TENDER RESULTS Tenders closed on December 17, 2014 with the following results: 1. TerraEx Inc., Saint John, NB $280,624.20 2. Gulf Operators Ltd., Saint John, NB $415,615.07 3. Fairville Construction, Saint John, NB $428,$49.69 The Engineer's estimate for the work was $375,000.00 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal with the exception of the tender submitted by Galbraith Construction Ltd., where the tender did not include the required Bid Bond amount. The tender submitted by Galbraith Construction Ltd. was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.6.02 c). Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 121 M&C2015-010 January 13, 2015 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 and 2014 Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $665,000 Project net cost $571,710 Variance (surplus) $93,290 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2013-2: Dever Road — Sanitary Lift Station "Y" Replacement be awarded to the low Tenderer, Terraex Inc., at their tendered price of $280,624.20 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, I Ll,( J hn Campbell, P.Eng. unicipal Engineer Wm. Edwards, P. ng. Commissioner Transportation and Environment 122 8c�� Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager 123 C3 m 0 a Q Z 7 0 Y - Z 0cu � � n SCO �1� v � 0 N M c v 0 m Z @ 3 @ a 0 O 3 � Q fll N C CD @ 0 ff1 m N 7 � A 0 CD @ N Q @ n 0 o n on @ 'p O 0 Cb 3 @ 0 T7 n7 N z O Lf3 c i E31 G Ch Cn Cri 4 G O 0 @ p "� 4 O N _ O 0 p 0 CD Un f» :0 Q N N m co O W Q A fiN 0 N N O C7 0 w o © 3 0 0 @ N O 6 M O @ 4A 0 N 0 N @1 V V coV (0CT A CD 0o N CSS ul O (3 C> Q O m N 69 o @ 51 fA or@ w N V O Lo L- @ nr o --j z N 0 v. 6% v en N Ui N O 1 O -Z: CP 1 W t [p CA CO tCD Ol W-4 m V d co co V co I co I (p W co G C Q Q m � cn cn v 0 O C.Y Oo (A 'O .per CG CP W N n N CQo m [o u 123 C3 m 0 a Q Z 7 0 Y - Z 0cu � � n SCO �1� v � 0 N M c v 0 m Z @ 3 @ a 0 O 3 � Q fll N C CD @ 0 ff1 m N 7 � A J ' � REPORT TO COMMON COUNCIL, M&C -2015-008 January 14, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Province Seeking Permission to Conduct Geotechnical Investigation on Portion of Riverview Park- Douglas Avenue BACKGROUND: i.16 City of Saint John The New Brunswick Museum, in coordination with NB Tourism, Heritage and Culture and NB Transportation and Infrastructure is seeking permission to dig several test pits and bore holes in PID No. 55222129 for the purpose of determining if an expansion to the NB Museum upon these lands is feasible. The attached memorandum and sketch detail the number, location and scope of work to be conducted. There are several steps that must occur prior to any expansion to the NB Museum, including the City's consideration of a rezoning process and the negotiation of an agreement of purchase and sale. The geotechnical work is the first step required in order to determine the potential design of a possible expansion to the museum. If Council is in favor, the following recommendation will permit the geotechnical investigation of the City owned property. RECOMMENDATIONS That The City of Saint John give the Province of New Brunswick permission to enter upon City owned lands identified as PID Number 55222129 for the purpose of conducting test pits and bore holes and subsequent soil analysis, provided that; 1. The Province of New Brunswick and/or its agent(s) shall take appropriate measures to protect the public during the geotechnical investigation; 2. The areas of the City property that are disturbed shall be reinstated upon completion of the specified work; 124 M & C — 2015-008 January 14, 2015 -2- 3, That a plan is required to eliminate or minimize any damage to the tree root structures near the test pitsibore holes; and 4. That The Province of New Brunswick indemnify and save harmless the City its officers, agents and employees from any action or claim arising from said soil testing. Respectfully submitted, 9firtis Langille, B Real Estate 4f J,/Yeomans, CGA, MBA and Administrative Services Attachment CL/c 125 t n Irvin BA ager I eal Estate a rick Woods, CGA Ci Manager m PL 0 J N N O W Ez 126 CD c• N �i O n O CL r_ 0 C) O 1"F 0 M rF �F New Brunswick Museum Request to undertake Geotechnical Investigation on portion of Riverview Park, Saint John The New Brunswick Museum, in coordination with NB Tourism, Heritage and Culture and NB Transportation and Infrastructure, has begun implementation of a Plan to renew the NBM Collections Centre, 277 Douglas Avenue, to enable the facility to continue to be used by the New Brunswick Museum, This Plan includes the construction of an addition to the facility and then renovations to the existing structure. With the completion of this multi-year plan, the lifespan of the facility as the NBM Collections Centre will be a minimum of 25 years. Several options for the location of the addition have been investigated by Murdoch and Boyd Architects over the past year. The most cost-effective and feasible option continues to be to locate the addition on the south side (park side) of the NBM Collections Centre. To consider this further, a geotechnical investigation is required. Since this land is owned by the City of Saint John, the New Brunswick Museum requests permission to undertake this activity as soon as possible. A description of the activity is below. If the results of this geotechnical investigation are acceptable, the project will proceed to detailed design. The New Brunswick Museum will also then update the public on the development of the project to date, and pursue next steps with the City and public. As well, an archaeological survey is planned for the spring, 2015. Project: Geotechnical Investigation of portion of Riverview Park Consultants: Conquest Engineering, Geotechnical and Materials Engineers 575 Crown Street, Saint John NB, E21L 5E9 Area: Map attached Summary of Work: A) Excavate 2 test pits alongside and adjacent to the foundation of the existing building to establish the depth of the footings in the area where the link between the existing and new structures will be constructed. B) Drill a minimum of 7 boreholes throughout the area of the new building to establish the overburden soil conditions, the depth to bedrock (if encountered) and the depth to the prevailing groundwater table, if encountered. For budgeting purposes we have assumed the boreholes would be drilled to a maximum depth of the order of 6 meters. Scope Of Work: • Undertake clearance of any potential underground utility conflicts at the site prior to the field work. • Carry out two (2) test pits alongside the existing building using a track -mounted excavator. • Carry out seven (7) boreholes to a maximum depth of 6 m. • Collect representative samples of the underlying soils and bedrock (if encountered) during the course of the investigation. Install standpipes in selected boreholes to enable the measurement of the prevailing groundwater table following the field work. • Obtain the ground surface elevation at each test pit and borehole location and reference to geodetic datum. • Analyse and test the soil samples, as required, to classify and define the index properties of the soils at the site. • Prepare and submit the final geotechnical report. The report will contain geotechnical recommendations for site development and foundation design of the building along with detailed logs of each test pit and borehole. A site plan showing the location of each test location will also be provided. Timeline: The work will take several days. It is requested that this work be completed as soon as possible. Other: Any damage to the site will be repaired when appropriate. Fencing is not required for this activity. Contact: Jane Fullerton, CEO, New Brunswick Museum 506-643-2346 / j-a_ne.fullerton@nbm-mnb.ca 127 A r The dty of Sda John PROCLAMATION WHEREAS: Eating disorders are the number one cause of death among all psychiatric illnesses and can develop in anyone, regardless of age, ethno-racial background, socioeconomic status, gender or ability; and WHEREAS: Stigma and secrecy still surround eating disorders, causing many people who are suffering to refrain from seeking help, and to struggle in silence; and WHEREAS: Eating Disorder Awareness Week (EDAW) seeks to raise awareness of the prevalence and impacts of eating disorders, to shed light on the dangerous myths that surround them and to celebrate the natural diversity of bodies; and WHEREAS: The National Eating Disorder Information Centre (NEDIC) is Canada's oldest national organization dedicated to helping those with eating disorders and was a founding member of the international drive to institute EDAW. NEDIC provides education and information as well as support and referrals for those with eating disorders, their families, friends and health care professionals; NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of February 1-7, 2015 as Eating Disorder Awareness Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 129 A LAW TO AMEND BY-LAW NUMBER BIA-2 BUSINESS IMPROVEMENT LEVY BY-LAW ARRETA MODIFIANT ARRETE No BIA-2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMALIORATION DES AFFAIRES Be it enacted by the Common Council of Le conseil communal de The City of Saint the City of Saint John as follows: John d6crete ce qui suit: The Business Improvement Levy By -Law of The City of Saint John enacted on the third day of January, 2006, is amended by: L'arret6 concernant la contribution pour Fam6lioration des affaires de The City of Saint John d6cr&6 le 3 janvier 2006 et modifi6 par: I Repealing section 2 thereof and 1 L'abrogation de Particle 2 aux inserting the following: pr&sentes et l'ajout du texte qui suit : 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2015 upon non-residential property within the Business Improvement Area established by By -Law No. BIA-1 Business Improvement Area By -Law enacted on the 5th day of January, 2004. 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/Maire 2 Par la pr&sente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fixe est impos6e pour 1'ann6e 2015 sur les immeubles non r6sidentiels situs a 1'int6rieur de la zone d'am6lioration des affaires 6tablie en vertu de 1'Arr&6 n° BIA-1 relatif a la zone d'am6lioration des affaires 6dict6 le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** *********** 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - January 5, 2015 Premiere lecture - le 5 janvier 2015 Second Reading - January 5, 2015 Deuxi6me lecture - le 5 janvier 2015 Third Reading - Troisi6me lecture - 130 131 r r ; The City of Saint John January 2, 2415 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Municipal Services to Private Roads Background Members of Council and City Staff spent several weeks meeting with residents of Beach Road regarding the termination of longstanding practice of snow clearing and road maintenance. The debate and discussions that followed brought forward a number of longstanding "arrangements" for municipal services being provided to private roads. The City Solicitor and other senior staff members reviewed the history and legalities of such arrangements and, in fact, a legal agreement was required to address the issues of Beach road while protecting the interests of the City in terms of any liability stemming from activities on private property. Motion That the City Manager direct staff to draft a policy that municipal services, including but not limited to road maintenance, snow clearing and garbage pick up, will not be provided on any private roads, lanes or other routes and that this policy be effective immediately and apply to any new private roads developed after this date. Respectfully Submitted, Dr. Shelley M. Rinehart Deputy Mayor (received via einail) &A-IN't' jf-41 N P.O. Box 1971 Saint John, NS Canada E2L411 I wwwsaingohn.ca I C,P 1971 Saint John, NA. Canaria E2L4L1 _..._. 132 The City of saint John January 19, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Quarterly Reporting Requirements Background The 2015 budget proved very challenging for Departments and other ABCs that rely on Council for funding of their activities, either in whole or in part. The result of deliberations was a very tight budget with no room for error without jeopardizing the achievement of a balanced budget and/or performance objectives. The budgeting exercise is likely to be even more challenging next year given that we will start the process dealing with a budget deficit carry forward stemming from 2014 budget overruns. Given the tightness of our current budget and the implications of any unforeseen events, it seems prudent that Council would require interim reporting from all Departments and ABCs for which the municipality has service level expectations and is responsible for budget overages such that any adjustments to budgets and/or service levels could be made prior to year end in an attempt to mitigate negative impacts on the delivery of service to citizens and/or the 2017 budget. Motion That the City Manager be directed to prepare a schedule of reporting requirements for all City Departments, through the Finance Committee, Regional Facilities, through the Regional Facilities Commission, and ABCs to which operating funding is provided and for which the municipality is responsible to cover, in whole or in part, any operating deficit experienced. Reporting would cover performance against objectives/workplans/service levels, to date budget performance and staffing levels and would be received by Council in writing. Should Council have questions or concerns a meeting with Council may be requested Respectfully Submitted, Dr. Shelley M. Rinehart Deputy Mayor (received via email) SAIN a 10FINT P.o. Rox 1971 Saint john, NB Canada Eli_ 413 J www -%Ant chnxj I C'.P. 1971 Sant John N. -R CAnad-i E.2L 4!. i H January 12, 2015 Deputy Mayor Shelley Rinehart and Members of Common Council RE: Marco Polo Project Location MOTION: To have the City Manager direct the appropriate staff member to work with the individuals responsible for the Marco Polo Project to explore the possibility of placing the replica ship on City property overlooking the Reversing Falls. Yours very truly, -�001 Mel K. Norton Mayor City of Saint John f -;9> - SAINT JOHN P.D. Box 1971 Saint john, NB Canada E2L4L1 www.saintphn.ca C.P.1971 Saint john, N. -B. Canada E2L4L1 134 January 12, 2015 Deputy Mayor Shelley Rinehart and Members of Common Council RE: Electronic Car Charging Stations BACKGROUND: A local Saint John automobile dealership has offered to assist the City of Saint John with the purchase and installation of two (2) electronic car charging stations. It is understood that the purchase and installation of the units would be without cost to the city. WSYNi Cil To have the City Manager direct the appropriate staff member to work with the automobile dealership to identify prominent Iocations for the units with the intention of having the units installed by spring 2015. Yours very truly, Mel K. Norton Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 40 wwwsainpohn.ca C.P.1971 Saint john, N: B. Canada E2L 4LI 135 January 12, 2015 Deputy Mayor Shelley Rinehart and Members of Common Council RE: Update on the City of Saint John's Accessibility Initiatives MOTION: That Council request an update by the appropriate staff person on the motion adopted by Common Council on July 28th re: The City of Saint John's Accessibility Policies. Yours very truly, Mel K. Norton Mayor City of Saint John SAINT JOHN PO. Box 1971 Saint john, NB Canada EA 40 f www.sairwoohn.ca ' C.P.1971 5aint Johry N: B. Canada E2L 40 136 �� January 14, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Meeting with our Local MLAs Background: Since the newly formed Provincial Government has taken office in September 2014 we have only had the opportunity to meet with our MLAs in a very short meeting. I feel that it is an opportune time to have a discussion with our MLAs on the following issues: 1. Municipalities Act 2. Fiscal Transfers 3. Arbitration Structure — Government Involvement 4. Tax Concession (2005) — LNG Properties 5. Barge Terminal — Lorneville Industrial Park 6. Fieldhouse Facility -- East Side 7. Tourism Issues feel these issues are very important to our City, and there may be others, and require the involvement of the Provincial Government. Motion: Direct the Common Clerk to arrange a meeting with our Local MLAs Hon. Dr. Ed Doherty and Hon. Rick Doucette at their earliest convenience. Respectfully Submitted, (Received via email) Shirley McAlary Councillor — At Large City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 1 www.saintjohn.ca I C.P.1971 Saint john, N. -B. Canada E2L 40 137 REPORT TO COMMON COUNCIL OPEN SESSION M&C2015-005 January 12th, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT City of Saint John Demolition of the vacant, dilapidated, abandoned, and hazardous buildings at 236 Britain Street (PID #00001198) BACKGROUND The property at 236 Britain Street has two buildings on the premise; a two-storey, wood - framed house (the "house') and a detached single -storey wood -framed garage (the "garage") which pose a hazard to the safety of the public by reason of being open, vacant or unoccupied, and dilapidated. Staff first became aware of the property's vacancy and began standard enforcement procedures in April of 2013. Since Staff began monitoring the property the house has been found to be unsecured and/or open at various locations. Currently the house is accessible through two missing and broken ground level windows and through an open second -storey window. All entrances allow unrestricted access to the entire house. The ground level windows contain pieces of broken glass. Any person attempting to gain entry into the house through these windows could be injured. The house is in a dilapidated condition. There are multiple windows in the house that have been found to be either broken or open which are allowing elements such as wind, snow, and rain to penetrate the structure. The wooden shingles on the house are not adequately restricting water from penetrating the structure. There are several areas of the house with missing shingles which has allowed sections of the underlying plank sheathing to become exposed, rotted and deteriorated. A section of fascia along the front vestibule has fallen off and the remaining portion is rotted exposing the interior to the elements. This exposure has allowed elements to penetrate the building for an extended period of time which has accelerated the deterioration of the structure. 138 M & C 2015-005 - 2 - January 12th, 2015 Further evidence of the house's dilapidation and continued deterioration is the leaning east side ell wall which is out of plumb, and the rear ell wall is bulging outward. Additionally, the front vestibule and stairs of the house leading up to the main entrance are slanted to one side. An interior inspection of the house was conducted on July 25th, 2013. It revealed a mattress with blankets set up as a bed indicating at least one person had been sleeping inside. Large amounts of debris were found throughout the house including combustible wood items such as broken laths, and broken cupboards. These items are randomly scattered in the house and would restrict movement of emergency personnel should they need to gain entry to the building. There is a higher risk of a fire event occurring at the property since it is known it has been accessed by the public in the past and because the buildings have been left open. The premise contains a large pile of scrap wood, broken laths and other combustible materials. The pile of combustible material is located at the ell, and contacts the house. This pile of scrap wood and construction debris poses a tripping hazard to individuals or emergency personnel and could be used to initiate a fire on the premise. This pile of scrap wood also contains rusty protruding nails; any person entering on the property could be at risk of being cut or injured by the protruding nails. The garage on the property has zero clearance to the neighbouring two -unit apartment building located at 234 Britain Street. The garage has been found by staff to be unsecured during routine inspections and is currently open. Interior inspections of the garage have found that there are many large combustible items within the garage including couches, chairs and wood. If a fire event were to occur within the garage it could easily spread to the neighbouring two unit apartment building which could cause significant damage to the building and would endanger the lives of its occupants. For the reasons described above, a Notice to Comply was issued on April 28th, 2014. On April 29th, 2014 the Notice was posted to the front entrance of the house. The owner was served with the Notice on April 29th, 2014. The Certificate of Ownership for the building lists one individual as the registered owner. The owner has advised Staff she declared bankruptcy in November of 2012, and she did not take any remedial action to comply with the requirements of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. The property is considered to be abandoned. The Notice provided the owner with 60 days to remedy the conditions at the property. During this time no appeal was formally requested. A compliance inspection was conducted on September 25, 2014 which revealed that the conditions which gave rise to the Notice have worsened since the Notice was issued. The compliance inspection revealed a ground level window at the ell of the house has become open allowing unrestricted access to the house. 139 M & C 2015-005 - 3 - January 12th, 2015 Attached for Council's reference is the Notice to Comply that was issued and the affidavits attesting to the service of the Notice on the owner as well as an affidavit attesting to the building's posting. Also included are photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation and resulting hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. This property will not be subject to the topsoil and grass seed pilot program as the demolition will take place outside of the optimal growing season. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 236 Britain Street (PID #00001198), in accordance with the applicable City purchasing policies. Respectfully submitted, Christopher McKiel, MIT Technical Services Officer Growth and Community Development Services Amy Poffenroth, P.Eng., MBA Building Inspector & Deputy Commissioner Growth and Community Development Services 140 M & C 2015-005 - 4 - January 12th, 2015 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager 141 I 1 r-1 ��,j ^�cQy�V,1{, ^.•. rdGvOd?l YyO rNyOn `- r�7' ,, eSO �.OQV,J,1, ��rU�~ . "�°:H� N' wy, 4v -J• � rV r"YLd% "v,�C""jie ¢Uy, e•,1 .��CS.S �V! � .y��Uy + 'QQiQ(•�%.1.- ,I '`fUKyVC°-,-,1', -1yO•d '•^•,+a^V"U +-�•$.• - 1 '��oY '•��VVU)i N J •Z} 10 Vma%�41VFy-J Y'QCeV/-•J.e- 1 a�Y�OrQG� Q `�/O N C., to 5: k to PR [ o O'n N NU Y '�•'a g cC,4 10 V-4 �A1 ar^ UP 04 Q M 10 Or 'O }A � N QO 2-0 `� Opp p, Z : CO N R iiO,. 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On the �"rday of 1��'v �2�� , 2014, at approximately I served with a copy of the Notice to Comply attached4reto as Exhibit "A" and blank Notice of Appeal attached hereto as Exhibit "B", by leaving the copy with him I 2. I was able to identify the person served by means of the fact that he / s acknowledged to me he / & was Sworn To before me at the City of Saint John, N.B., on the 30 day of r -i• , 2014 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31sT, 2018 155 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 236 Britain Street, SAINT JOHN, N.B. (PID number 1198) AFFIDAVIT OF SERVICE I, Christopher Daniel McKiel, of Hampton, N.B., Make Oath And Say As Follows: I. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On April 29th, 2014, at approximately 8:08 a.m. I posted a copy of the Notice to Comply, attached hereto as Exhibit "A", and a blank copy of the Notice of Appeal, attached hereto as Exhibit "B", to the front entrance of the building that is located at 236 Britain Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 29th day of April, 2014 Christopher Mc 'cl PAMELA M H BENTLEY U COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 316T, 2018 156 All Photo #2 236 Britain StreeOlD# 1198 1 -w i 01' 12 2015 5. 'INN IAK i b oEil A � � V Photo #4 236 Britain _reet PID# 1198 Photo # 6 236 Britain Street PID# 1198 162 Photo #7 Ground Level %ill Window 1 236 Britain Street PID# 11-98 • a { ♦IL •.K yl Old— �p �s /.1,� ,., •�. a `.— t j� � - .Y //� it �' � � 7 . r •+ `Z ''i'. � ~ �Al� r 04 it rr ti td AV i free - Photo #8.. w6 ,i etmicl a. lE� k4, } ~ 3 r f g. - �e _ 4 1f S A f1 � f ILL 9, 1. 1� . � Photo #11 07 25 2y House Interior 236 Britain Strut PID# 1198 LS is .w Photo #12 236 Britain Street PID# 1198 07 25 2013 House Interior w _ rj Aft 9 236 Brit in Street PID# 1198 l , Photo #14 House Interior KIM r., a h +M !�dp 236 Britain Street PID#jJ98 025201 4 i l� REPORT TO COMMON COUNCIL M&C -2015-006 January 19, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street BACKGROUND: City of Saint John On June 23, 2014, Common Council received a report from staff that provided background information and an update on compliance efforts with an outstanding Section 39 condition for the Leinster Court apartment building. This came about in response to a letter from a neighbouring property owner, Mr. Jon MacQueen, whereby he raised concerns with specifically two existing Section 39 conditions. The purpose of this report is to provide Council with a final report on this matter and advise that at this time, staff are satisfied that compliance with all Section 39 conditions has been met and we consider the matter closed. ANALYSIS: The Leinster Court property was rezoned from `B-2" General Business to "SZ - 21" Special Zone 21 on January 15, 2007 in order to permit the construction of the proposed Leinster Court apartment building. At the time of this rezoning, a number of conditions with respect to the use and development of the site were imposed by Council pursuant to Section 39 of the Community Planning Act. In addition to the conditions that had been recommended by the Planning Advisory Committee, Common Council imposed two more conditions during third reading in the Section 39 resolution, in response to specific concerns raised at the public hearing by some King Street East property owners, including Mr. MacQueen. It is these two conditions, e) and f), to which this report addresses. 173 M&C -2015-006 -2- Compliance with Section 39 Conditions: With Council approval of the project on January 15, 2007, the amendment to the Zoning By-law and the Section 39 resolution were both filed in the Registry Office and became effective on January 25, 2007. The Department's records indicate that although there has been ongoing communications between the City and SJNPH with respect to these additional conditions, the legal issues surrounding specifically condition f) have challenged both the applicant and the City's efforts to achieve compliance. To provide a final update to Council, the following specifically identifies how and when compliance with these two Section 39 conditions have now been met. Condition e): Fence and Retaining Walls "e) a fence and retaining walls be maintained by the applicant between the subject site and the adjacent residential zoned properties in a manner set out in detailed plans prepared by the applicant and approved by the Development Officer; " This condition was satisfied as part of the final plans being re -drafted to accommodate neighbouring property owner concerns in March of 2007. The original site design had the underground parking area extended closer to the property boundary of the King Street East property owners. With this original design, there was a need to provide a retaining wall to support the structure. The neighbours objected to this design and as such, SJNPH revised their building drawings to pull the garage back from this property line. With this re -design, there was no need to build the retaining wall any longer. The required fence and landscaping remained and they were installed during construction, as required. There remain existing retaining walls that are all owned by the King Street East property owners. It must be clearly understood, that these retaining walls are indeed owned by the King Street East property owners and as such do not belong to SJNPH. As such, SJNPH is not responsible for them. With this, there is no outstanding compliance efforts associated with Section 39 condition el and this matter is considered closed. Condition f): Right -of -Way "fi a right-of-way be granted by the applicant to the residential zoned properties adjacent to the subject site so that individuals can walk from Carmarthen Street within 3 metres of the north property line of the subject site to the rear yard of the adjacent residential zoned properties; " 174 January 19, 2015 M & C — 2015 — 006 -3 - January 19, 2015 This Section 39 condition was intended to provide pedestrian access from a right- of-way to the rear yard of the seven King Street East property owners that abut this site. It is staff's understanding from conversations with the General Manager of SJNPH that Mr. Jon MacQueen has repeatedly requested a right-of-way that would allow him to drive a vehicle to the rear of his property. This was clearly not the intent of this condition, which refers only to providing the ability to walk from Carmarthen Street to the rear of the King Street East properties. SJNPH has constructed a concrete walkway through the proposed area that is accessible from Carmarthen Street. However, the actual formal right-of-way in favour of the adjoining properties has not been registered on title to date because of the liability concerns that this condition created. The registration of the right-of-way has been challenging for SJNPH due to the existing elevation of the site, as the adjoining properties are at a significantly lower grade than the walkway along the edge of the SJNPH property. The issue is safety: if someone wanders down the right-of-way and goes through one of the gates that is intended to provide private access to the right-of-way by these neighbouring property owners, what are they walking into? Today, without the installation of code compliance stairs by the King Street property owners from the SJNPH fence, they are walking onto the edge of old foundations with a drop to the ground that varies from approximately a metre at the low end to nearly 2 metres at the high end. As such, SJNPH has been very concerned about ensuring that anyone who wants access to this right-of-way has provided a safe access to it. Staff are in agreement that safe access to the right-of- way is an entirely reasonable part of achieving compliance with this condition. Achieving Compliance with Condition f): The June 23, 2014 Council Report advised that at that time, SJNPH was moving forward with providing instructions to their solicitor to have the easement documents prepared for distribution to the seven neighbouring King Street East property owners that abut this site. At that time, SJNPH offered that if agreement could not be reached by all property owners with respect to the condition for safe access, SJNPH would apply to amend or remove this Section 39 condition. It must be noted that staff cannot initiate this process nor can a neighbouring property owner. Since June 23, 2014, SJNPH has prepared and distributed an easement for all 7 property owners to consider. In order to achieve compliance with the condition while providing a safe access that will not create liability concerns, the easement document includes a condition that each property owner must consent to building National Building Code compliant stairs in order to have SJNPH provide them the gate in the fence to access the right-of-way. Staff consider this to be a fair and reasonable means of achieving compliance with the condition. 175 M&C -2015-006 -4- In terms of addressing the proposal by SJNPH to return to Council and make application to remove this condition should the neighbours not agree to the easement, it must be understood that SJNPH is not obligated to do this. Their obligation is to achieve compliance with the condition which is assessed by city staff, regardless of whether the neighbouring property owners agree. It must be noted, no property owner is required to sign the easement document, should they not wish to comply with the condition to provide safe access. The important part of this matter is that there is now a mechanism by which each property owner can be provided with access to this right-of-way. Staff from the city in legal, planning and building has reviewed the proposed easement document, with the condition for each property owner to provide safe access from their rear property to the SJNPH fence. City staff is in agreement that this is a reasonable and fair means of addressing the safety issue this condition created. As such, City staff is in agreement that the spirit and intent of Section 39 condition f) has indeed been met and we consider the matter closed. Status of the Proposed Easement Document As an aside, each of the seven King Street East property owners was mailed a copy of the easement from the office of the SJNPH solicitor (Gorman Nason) on October 31, 2014. City staff was notified through a telephone conversation with Mr. Richard MacQueen, the son of Mr. Jon MacQueen, on Friday January 9, 2015 that indicated Mr. Jon MacQueen had not received a copy of the easement for his consideration. SJNPH was notified immediately and their solicitor sent another copy of the easement, via registered mail, to Mr. Jon MacQueen on Tuesday January 13, 2015. As of the writing of this report, there was one King Street East property owner interested in signing the easement document. ALTERNATIVE: As an alternative, should Council wish to remove the Section 39 Condition in its entirety, this can be achieved by Council initiating the public process to repeal the existing Section 39 conditions. By Council taking the exceptional step of initiating the public process to amend the Section 39 Conditions, in the absence of a request to do so from the developer, in this case, SJNPH, there would be no ability for any King Street East property owner to access the existing walkway as this condition is intended to accomplish. Given where this matter is at today, and the efforts undertaken by SJNPH and staff to address this situation and achieve compliance with this condition, staff recommend that this process not be initiated by Council. 176 January 19, 2015 M & C — 2015 — 006 - 5 - January 19, 2015 CONCLUSION: With respect to Section 39 condition e), this issue was resolved back in March of 2007. With respect to Section 39 condition f), this issue has now been resolved with the release of an easement document available to each and every King Street East property owner that abuts the Leinster Court property. In order to address the inherent safety concern that this condition created, the easement document requires that each property owner agree to provide a safe access to the Leinster Court fence in order to access the right-of-way. Staff consider the inclusion of this condition in the easement document to be a reasonable means of addressing the inherent safety hazard that this Section 39 condition created. The approach provides a mechanism by which each property owner can now be provided with pedestrian access to this right-of-way through their rear yard. As such, the spirit and intent of this Section 39 condition has now been met and City staff consider this matter to be closed. RECOMMENDATION: That this report be received and filed. Respectfully submitted, Stacey Forfar, MCIP, RPP Deputy Commissioner, Growth & Community Enrichment Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager Cc: Amy Poffenroth, Deputy Commissioner Growth & Community Development John Nugent, City Solicitor 177 REPORT TO COMMON COUNCIL OPEN SESSION M&C2015-009 January 12, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT Saint John Building By-law Amendment — latest version of National Building Code of Canada and Barrier -Free Design Building Code Regulation BACKGROUND The Province of New Brunswick, through the Community Planning Act, requires a municipality that has enacted a building by-law to adopt the National Building Code or a portion thereof. A municipality is required to adopt the version of the National Building Code of Canada that has been adopted by the Province. Effective January 1, 2015, the Province of New Brunswick has adopted the 2010 version of the National Building Code of Canada. The Province also recently amended the Community Planning Act and Regulation 2011-61 `Barrier -Free Design Building Code Regulation", requiring a municipality with a building by-law to adopt this barrier -free regulation effective January 1, 2015. It is necessary for the City of Saint John to amend its Building By-law to reflect these changes. ANALYSIS The National Building Code of Canada is published on a 5 year cycle; typically, the Province of New Brunswick does not adopt the latest version of the Code as soon as it is published. Once the Province adopts the latest version, the City's Building By-law is amended to reflect the change. The by-law amendment being recommended in this report takes a streamlined approach, similar to best practices seen in other municipalities in the province. With the passing of this by-law amendment, the latest version of the Code adopted by the Province will automatically be adopted into the Building By-law, preventing the need for staff to return to Council each time a new building code is adopted. The attached by-law to amend the `By-law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" has been drafted to 178 M & C 2015- - 2 - January 12, 2015 reflect the necessary changes. Prior to passing readings of the amended by-law, as per section 66(1) of the Community Planning Act, Council shall request the written views of the Planning Advisory Committee concerning this proposed change. RECOMMENDATION Your City Manager recommends that Common Council refer the matter of the Saint John Building By-law amendment to the Planning Advisory Committee for its written view of the proposed by-law amendment. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services Patrick Woods, CGA City Manager 179 A BY-LAW TO AMEND A BY-LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By-law of The City of Saint John entitled "A By-law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", enacted on the 5th day of August, A.D. 2003, is hereby amended as follows: 1 Section 2(3) is repealed and the following is substituted as follows: 2(3) The latest edition of the National Building Code of Canada as adopted by the Province of New Brunswick, including any amendments thereto, with the exception of Part 5 and Part 8 of Division B, Volume 2, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed, except as allowed by section 12 of this By-law. 2(3.1) The Barrier -Free Design Building Code Regulation 2011-61 under the Community Planning Act, including any amendments thereto, is hereby adopted, pursuant to section 59 of the Community Planning Act. 2 Section 3(1) is repealed and the following is substituted as follows: 3(1) Unless otherwise defined herein, definitions in the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments thereto, also apply to this by-law. 3 Section 3(2) regarding the definition of "Code" is repealed and the following is substituted as follows: "Code" means the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments hereto, with the exception of Part 5 and Part 8 of Division B, Volume 2. : ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, A LA REPARATION ETA LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John edicte : L'arret6 de The City of Saint John intitul6 Arrete relatif a la construction, d la reparation et a la demolition de bdtiments et de structures dans The City of Saint John, decret6 le 5 aout 2003, est modifie en ces termes : 1 Le paragraphe 2(3) est abrog6 et remplac6 par ce qui suit : 2(3) Sous reserve de Particle 12 du present arrdte, la version la plus recente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau -Brunswick, ensemble ses modifications, a 1'exception des parties 5 et 8 de la division B du volume 2, est adoptee pour 1'ensemble des bdtiments et structures assujettis aux normes y prescrites. 2(3.1) Le Reglement d'application du code du bdtiment portant sur la conception sans obstacles, reglement 2011-61 pris en vertu de la Loi sur l'urbanisme, ensemble ses modifications, est adopt6 en application de Particle 59 de la Loi sur l 'urbanisme. 2 Le paragraphe 3(1) est abrog6 et remplac6 par ce qui suit: 3(1) Les d6finitions figurant dans la version la plus r6cente du Code national du bdtiment du Canada qu'a adopt6e la Province du Nouveau -Brunswick, ensemble ses modifications, s'appliquent 6galement, par d6faut, au pr6sent arr&6. 3 La definition de « Code » au paragraphe 3(2) est abrog6e et remplac6e par ce qui suit : o Code » d6signe la version la plus recente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau -Brunswick, ensemble ses modifications, a 1'exception des parties 5 et 8 de la division B du volume 2. 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 signed by: 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 : Mayor /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 181 Municipal Grants Committee c/o Growth & Community Development 171 Adelaide Street Saint John, NB E2K 1W9 January 9, 2015 Your Worship and Councillors: SUBJECT: ADDITIONAL FUNDING TO COMMUNITY GRANTS PROGRAM FUNDING ENVELOP BACKGROUND On January 6a1, 2015, the Community Grants Evaluation Committee adopted the following resolution to be forwarded for Common Council consideration: "that Common Council transfer $23,000.00 from the City of Saint John 2015 unspecified grant to the 2015 Community Grants Program, and further that any requests for grant funding submitted to Common Council be referred to the Community Grants Evaluation Committee." ANALYSIS The $23,000.00 from the unspecified grant was originally earmarked for discretionary Common Council spending. The existing funding envelope for the Community Grants Program is $208,723.00, and Common Council's decision to earmark an additional $23,000.00 would bring the total funding envelope to $231,723.00. The Community Grants Evaluation Committee felt it was well- positioned to support Common Council in the fair and effective distribution of the additional $23,000.00 through the Community Grants Program. RECOMMENDATIONS The Community Grants Evaluation Committee recommends that Common Council: 1. Transfer $23,000.00 from the City of Saint John 2015 unspecified grant to the 2015 Community Grants Program, and further that any requests for grant funding submitted to Common Council be referred to the Community Grants Evaluation Committee. Respectfully submitted, Rev. Erik W. Kraglund Chair, Community Grants Evaluation Committee Members of the Community Grants Evaluation Committee: Councillor Susan Fullerton Councillor Shirley McAlary Reverend Erik W. Kraglund, Chair David O'Toole, Vice -Chair Kevin Watson Barry Freeze Hilary Nguyen SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 NICOLE PAQUET Chair/ President JENNIFER CARHART Vice Chair/Vice Prdsident MAYOR MEL NORTON Commissioner/Commissaire JOHN MacKENZIE Commissioner/Commissaire JONATHAN FRANKLIN Commissioner/Commissaire BRIAN BOUDREAU Commissioner/Commissaire WILLIAM G. REID Chief of Police/Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/T616 phone: (506) 648-3324 E-maillCourriel. ,00licecommission(o).saintiohn. ca fr�_w SAINT JOHN Explore ourpast/ Explorez notre passe Discover your future/ D6couvrez votre avenir January 14, 2015 PUBLIC SESSION M&C 2015-012 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force Program & Services Update We wish to advise you that at the Saint John Board of Police Commissioners meeting on January 13, 2015 the following resolution was passed: "RESOLVED that the Saint John Board of Police Commissioners receive and file this Program and Service report, to be used as a basis for future discussions with the Chief in reviewing Police Force programs and services. The Chief will ensure that the Program and Services analytic tool content (Table B) is continuously reviewed and improved so it remains a relevant and useful resource for Board governance; and further that a copy of this report be forwarded to Common Council." Respectfully su ed, Nicole Paquet Chair Saint John Board of Police Commissioners Ijaf encl. WE REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS OPEN SESSION January 13, 2015 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners Chairman Franklin and Members: SUBJECT SJPF Program & Services Update INTRODUCTION Based on a Board -approved request by (then Commissioner) Councilor Greg Norton, the Saint John Board of Police Commissioners has directed that the Force provide: 1. A detailed list of all Saint John Police Force programs fe.g. DARE, Autism Registry, Property Mark -!t) and services that complement core police services. But represent complementary value -adds to the required host of police services. 2. A comprehensive status update that would include but not limited to complete program costs, staffing demands associated with program/service delivery, and participation data from the tax paying public we serve. To paraphrase, the purpose of the request is to provide a comprehensive and integrated Status Update documenting: Police Force programs and services that complement core police services; the community value and operational value of the programs and services; and the cost -benefit of the programs and services. The challenge is to present a rather large body of information in a manner that provides sufficient detail, without losing the ability to assess the contribution 185 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 2 Suhject: SJPF Program & Services Update programs and services make to desired outcomes. Policing is complex; it is a public service where the whole is more than the sum of the parts. The format used to present this data is designed to communicate the integrated -yet -diverse nature of policing. In general practice, when we tend to simplify - for example: Patrol, Investigation, and Administration as key functional divisions - we do our communities a disservice ...we miss the connections and relationships between activities, which influence outcomes in ways that are not easily measured on a detailed activity basis. It is with good reason that success in policing is best measured in broad strokes - safe citizens, citizens feeling safe, and an efficient Police Force - and best understood one connection/one relationship at a time. This report -,particularly the major table (Table B, the key analytic tool) - is a work- in -progress. It is subjective but accurate in portraying a sense of how all these programs and services contribute to successful outcomes ...and objective but largely based on estimates in documenting service costs. To obtain best value from this exercise, there is merit in committing to the format and continuously improving the content for annual review. The Programs and Services Update will assist in achieving Board priorities of safe citizens, citizens feeling safe, and an efficient Police Force ...the Update will inform these ongoing Board discussions. CONTEXT The format of the key Program and Services analytic tool is founded upon a nesfed series of contextual models: the Systems Context, Core Continuum Context, and Core Business Context. (see Context Map) The Systems Context Policing - and in general the Criminal Justice System - is a complex adaptive system. A Complex Adaptive System is defined as one where the whole is more than the sum of the parts ...in other words; examining the parts and their individual behaviour will not fully describe the behaviour of the whole system. The system learns from experience and adjusts (not just reacts) to changes in the environment. There is a whole science built around this. Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 3 ,Subject: SJPF Program & Services Update Policing (and by extension other services that deal, for example, with Intimate Partner Violence) are some of the very few services where individuals intentionally undermine or otherwise compromise the public good. Police adopt protocols to deal with offenders, and offenders adapt their behaviour to avoid prosecution ...but often they continue to offend. And so, the cycle of adaptation continues. Early and otherwise minor interventions can result in big changes later. This is popularly known as `The Butterfly Effect` ... sensifivP r1PnPnrlPne-a nn initial conditions. To achieve the best public safety outcomes police must constantly adapt, and at some point the necessary adaptation will unavoidably take us well -beyond our comfortable tradition -bound practices, and conventional performance metrics. Thinking of policing as a Complex Adaptive System provides insights that help us become more effective in reducing crime, and defining performance measures fhc embrace adaption. The Core Continuum Context In 2013 the City of Saint John engaged Performance Concepts to conduct a Core Services Review. The Review framed services according to a spectrum of Core Continuum descriptors ranging in five increments from 'Higher' to 'Lower'. 1. "Survival Services: Avoid Modern City Breakdown" 2. "Regulatory Services: Drive Positive Core Behaviours" 3. "Beneficiary Services: Reduce Tax Burdens & Are User Pay Friendly" /,. "Quality of Life Services: Add Value for Citizens" 5. "Fairness Services: Promote Social Progress/Equity" 187 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 4 Subject: SJPF Program & Services Update The Saint John Police Force is categorized as a "Survival Service" and "Regulatory Service" (the two highest categories). Policing is a Core Service. Given the extremely positive results of the most recent Saint John. Police Force Public Satisfaction Survey by 1psos Reid, it is surprising that the Police Force contribution to Quality of Life was not also noted. Core Business Context In 2012-2013 the City of Saint John engaged Constance Robinson of HRA (HR Associates) to conduct a TalOp function mapping process in support of the City of Saint John service based budget process. Equally beneficial - for the purposes of this Program and Services review - is the contribution the text of the function mapping (Table A) offers in "providing information and insight into the success drivers for Citizen service and employee engagement." IM _11r. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 5 Subject: SJPF Program & Services Update The TalOp Function Mapping provides an example -rich set of service descriptions, and corresponding service goals_ While not all the service goals lend themselves _ to specific performance metrics, they do illustrate the community benefits that the service descriptions (Core Businesses) provide. The service goals are all captured under the Board priorities of safe citizens, citizens feeling safe, and an efficient Police Force. PROGRAM AND SERVICES ANALYSIS The Program and Services analytic tool (Table B) inventories 70+ Saint John Police Force programs and services ...and qualifies each by relationship to the Police Force Core Businesses, Community Value, Operational Value, and program cost. Relationship to Core Businesses is indicated by ane -of -three colour codes ranging from moderate (yellow) and huh (orange), to vital (red). The null condition (no colour) indicates an insignificant and typically infrequent relationship to the Core Business. The relationship -to -Core Businesses measure is largely subjective, any three people are likely to score the program or service differently but - in a wisdom - of -crowds sense - a room full of people will cin -average score the program or service accurately. The Community Value and the Operational Value measures are represented by one, two or three stars ...indicating progressively greater value. The null condition (no stars) indicates a minor or indirect value is created. The Community Value and the Operational Value measures are largely subjective. The Cost measure is generally an estimate and is presented as: FTEs (Full Time Equivalents), Mutual Aid (no -cost assist by another police service), Secondment (SJPF resource shared with and paid by another agency), or Subscription ($$$ dollars.) The Cost measure is objective, but is often not found in existing data Or cannot be cost-effectively captured with existing processes. If the Board commits to this Program and Services analytic tool (format), continuous improvement of data capture and data quality to support the analytic tool will be explored. Mr, Jonathan Franklin, Chairman and Allembers of the Board of Police Commissioners January 13, 2015 Page 6 Subject: SJPF Program & Services Update The purpose of the Program and Services analytic tool (Table B) is to facilitate conversation between the Board and the Chief, by illustrating the dynamic scope and complexity of factors the Chief must balance in managing the Police Force. Policing is not a business where - by design -we experiment and improve through failure. Small changes may trigger a future breakthrough or a future tragedy. Both the Chief in his operational role - and the Board in its governance role - must pursue continuous improvement, but exercise due diligence and err on the side of caution. RECOMMENDATION That the Saint John Board of Police Commissioners receive and file this Program and Service report, to be used as a basis for future discussions with the Chief in reviewing Police Force programs and services. The Chief will ensure that the Program and Services analytic tool content (Table B) is continuously reviewed and improved so it remains a relevant and useful resource for Board governance. William G. Reid Chief of Police Enclosures: Table A: SJPF Function Mapping Table B: Program. and Services NOTE: A printed poster -sized version of Table B: Program and Services will be available. 190 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 7 Subject: SJPF Program & Services Update Table A: SJPF Function Mapping — Core Business Context Crime Reduction is a public service —provided in partnership with the community—that establishes a pattern of attitudes and behaviour directed at both reducing the threat of crime, and to help develop environments where crime cannot flourish. Crime reduction is achieved through intelligence -Led Policing, public relations, problem solving (including environmental design), public education, community policing and partnerships that result in a safer community. Service Goals Investment in crime reduction pays dividends in both social well-being and economic health of the City. Safer neighbourhoods contribute to an enhanced sense of community that often attracts business, immigration and residential development to the area A safe community is a primary condition for economic investment and business growth. Crime prevention enhances the sense of safety and security in our neighbourhoods ...positively influencing the quality of life in our communities. Crime reduction by crime prevention has a direct impact on costs associated with Police response to criminal events, and other public costs of crime. Public Safety is a primary condition for community quality -of -life. Emergency Response is a public service which results in a Police resource being promptly dispatched in reaction to ongoing or very recent criminal activity, major accidents, death outside a health care environment, suspicious activity or alarms. These are almost always cases where officers respond to Calls -for -Service (911 calls.) The events may be violent or nonviolent, criminal or noncriminal in nature. Often they are potentially high-risk situations, although emergency response also includes suicides, accidents and disasters. Other examples of emergency response calls -for -service are crimes in progress, crowd control, high-risk search warrants, domestic disputes, interpersonal disputes, hostage rescue, and support for major operations. Service Goals Citizens, victims and businesses gain direct benefits from Emergency Response services — speed of delivery, intervention, violators brought into compliance, and suspension of unwanted activities— resulting in increased public safety in the community. + Sense of personal safety is often closely associated with confidence that police emergency response will be prompt, reliable and professional. Law enforcement is a public service provided to the community, in response to the Farce's statutory mandate to enforce federal, provincial and municipal laws (by-laws). The Law enforcement process generally consists of determining that a crime took place, solving the crime, apprehending the offender, and contributing to a successful prosecution. Law enforcement may also include related functions such as drug enforcement, complaint investigation, by-faw enforcement, and traffic enforcement. 191 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 8 Subject: SJPF Program & Services Update Service Goals Citizens, businesses and victims benefit from law enforcement activities such as direct intervention, crime investigations, violators brought into compliance, suppression of unwanted activities, and complaints received and investigated. • Law enforcement is a key element of the criminal justice system and augments the rule of law, resulting in improved public safety in the community and contributing to quality of life. The Victim Services program supports victims, survivors, families, residents of neighbourhoods, and business employees experiencing crime, trauma or some type of emotional need not being otherwise satisfied by the community in times of distress. Victim Services provides: emotional and practical support at the time of crisis; resource and case specific information; referral to community agencies; court accompaniment; and short term follow-up support. Service Goals Providing a focused resource to the victims of crime contributes to the social well-being of the community ...it supports those most vulnerable, in situations where they are least able to care for their own practical and emotional needs. Victim Services ensures that those impacted by crime or other traumatic experiences receive support and assistance designed to aid in restoring and enhancing their quality of life. Public Order is a service provided to the community to mitigate the impact and restore order in what are often non -Criminal Code events — such as vandalism, nuisance, disputes, traffic violations, and noise —that impact noticeably on the quality of peoples' lives. Service is provided by way of direct consultation and intervention in public protests and labour disputes, problem -solving non -crime complaints, and proactive monitoring and intervention in crime patterns that may compromise quality of life or that may lead to more serious crimes. Service Goals • Public disorder -type activities greatly influence community perception of public safety, and are particularly worrisome for portions of our community that are most vulnerable, such as the elderly, families with younger children, and single women. • This police service asserts community standards of public order and results in improved public safety in the community ...contributing in multiple ways to an enhanced quality of life. • Widespread presence of public disorder (even relatively minor activities such as littering and graffiti) has proven to contribute to an environment that may generate more serious crimes (...the 'Broken Window' syndrome.) 192 Mr. Jonathan Franklin, Chairman and Members of the Board of Police Commissioners January 13, 2015 Page 9 Subject: SJPF Program & Services Update Table B: SJPF Program and Services PROGRAMS CORE BUSINESSES(SurvivnlSeruices) Crime Emergency Law Victim Pu6iic Response ,Enforcement ServiDes Order Community Value i3 } operational Value 1-3{ { ) Cost Roil: (estimates) wReduction Bar Beat-UPtown _ _ ,"* *A* .03FTE 1.0 - OarEnforcemeM 07FTE 10 - Lack-It&Pocket the Key _ _ _ _ {ts}h t!! .02 FTE 1A Canine Unit _ 4 4fx SFTE 10 - CammunityPolicin _ �. **ik s# 5FTE 1.0 Court Services <}si 6FLE .66 .34 Criminal lntelli ante DARE _ _— _.. ......... .... _. t **,i 3FTE .66 .64 1.6FTE 1.0 - FamiPyProtection Forensics _ _ *zfr wYhA s}s4 4FTE 1.0 6FTE 10 Fraud _ - :i 4Ar 2FTE 1.01 1 HR&Finance _... _ .._. __. _ ___ Yi yk 4F7E - 1.0 Knowlee Mgmt(IT, Records) dg t"c1�1 B-E - 1.0 Criminal Investigations _ _. —. _ ._--_ .} a"r fih 12 FTE .92 .06 Patrol *4 t1' •t s} 105 FTE 1.0 Professional Standards _- _ _ __.7fr &A 1FTE 10 PSCC (911) Stolen Auto - '!r* -} 1 FTE 1.0 Street Crime Traffic Unit h z4fr SFTE 10 193 rH SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 NICOLE PAQUET Chair/ President JENNIFER iCARHART Vice Chair/Vice President MAYOR MEL NORTON Commissioner/Commissaire JOHN MacKENZIE Commissioner/Commissaire JONATHAN FRANKLIN Commissioner/Commissaire BRIAN BOUDREAU Commissioner/Commissaire WILLIAM G. REID Chief of Police/Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648-3324 E-mail/Cournek poiicecomrnission(ftaintiohn. ca i. --n SAINT JOHN Explore our past/ Explorez noire passe Discover your future/ Decouvrez votre avenir January 14, 2013 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners Executive At the January 13, 2015 meeting of the Saint John Board of Police Commissioners the following members were elected to serve as the Executive for 2015 - Chair Nicole Paquet Vice -Chair Jennifer Carhart A Secretary will be appointed at a later date. Respectfully subnaitted, C�� Nicole Paquet Chair Saint John Board of Police Commissioners Ij of 194 � r3 �k January 15, 2015 Saint John Common Council PO Box 1971 Saint John, NB E2L 41_1 Dear Members of Councii: 276 Douglas Avenue. Saint John, N. B. E2K 1E7 Last spring the New Brunswick Museum announced a $40 million plan to upgrade their existing building on Douglas Avenue and also to build a new collections centre warehouse on City property. Many of us are concerned about one part of the Museum's plans. The Museum's new warehouse would be built in the Riverview Memorial Park adjacent to the current museum building. This Park, established in 1900-1902, is well used by those who live in the neighbourhood, photographers, dog walkers, the students from the adjacent Harbour View High School, wedding parties, and of course visitors to the City during the summer tourist season. All of you, and I am sure the majority of Saint Johners, and the Board of Directors of the Museum, are not aware that the Riverview Memorial Park is New Brunswick's Boer War Memorial to those 700 plus men from our province who served in the South African (Boer) War, 1899-1902. One of those men received the Victoria Cross for bravery, our nation's highest gallantry award in the face of the enemy. The citizens of Saint John raised funds to buy the land in which the Park was established as our Boer War memorial. The statue in the Park, added two years after the Memorial Park was established, commemorates the seven New Brunswick men who died during that war. The park land was deeded to the Riverview Memorial Park Board with a covenant that the land could never be used for anything but it's intended use, a Memorial Park. That same covenant was added to the deed when the land was given to the City of Saint John in 1928. In the 1958-59 period the City, in conjunction with the Province on behalf of the New Brunswick Museum, attempted to build two parking lots within the War Memorial Park_ Fortunately the City Solicitor of the day recognized that the covenants prevented such use of the park land, and the parking lots proposal did not go any further. It also appears that when the Museum was built in the 1932-34 period, that a significant part of the Museum was improperly built on Park land. That discrepancy was discovered in 1979 when the City quietly transferred that park of the Park to the Province, an option not provided for in the covenant on the property. In addition to these covenants, in the 1980s the residents of Douglas Avenue requested that significant parts of this Avenue, along with this Memorial Park, be designated as a Heritage Conservation Area under Provincial Legislation. That was done and today the Riverview Memorial Park is also protected by this City By -Law and thus that Provincial Legislation. This you know but it is our fear that you may remove this protection of the Park and also apply to the Court to have the deed covenant removed. This would be contrary to the wishes and dreams of the late citizens of our City who wanted an appropriate memorial to our boys in the Boer War. You have a sacred trust which must be respected. 195 When the late Chairman of the Museum's Board made this announcement, he also said that the Museum had other options. Surely taking part of a well used civic park, and at the same time, destroying up to 44% of the Douglas Avenue portion of this war memorial, is not in the best interest of our City, nor is it respecting the moral and legal obligation of the City to preserve this Park and war memorial. The Riverview Memorial Park, our Provincial Baer War Memorial, is appreciated by the citizens of Saint John as a 500 -foot vista of green space along Douglas Avenue, with many beautiful and mature trees. Some of these trees were also planted as memorials to individuals associated with this war and this park. Councillors, many in our neighbourhood and this City are very much against this unnecessary expansion into this Memorial Park. We are not against the need for repairs to the Museum building, nor it's need for a new warehouse. There are other options and the destruction of our only Boer War Memorial, for Canada's first overseas war, should not be an option. Again, we wish to point out that we are sure that the Museum Board of Directors and staff, as well as neighoburhood residents and citizens of this City, were not aware that the Park is our Boer War Memorial. We all thought it was just the statue, which was added later to commemorate the seven New Brunswick Men who died in that war. We therefore ask that you not proceed any further in plans to allow the New Brunswick Museum to expand into our Boer War Memorial Park. To this end, we are going to recognize the 915th anniversary of the Battle of Paardeberg, the "Vimy Ridge" battle of that war, on Friday, February 27th, 2015_ That Battle was won by the men of G Company, 2nd Special Service Force, the Royal Canadian Regiment. G Company, as part of 2RCR, still serves us proudly today at Base Gagetown. We would be honoured if you would join us at 12 noon on that day as we remember the first New Brunswickers who went overseas to defend our way of life. Respectfully yours, 4 1 r Peggy Wright Mike Boyer CM aryJn'Hara Z '�' I /an te� 4 F A2 5 1 ` ctI:(' hqlna, Huf&&y Al.-* u� ices VV Le preaLd 101 Haggerty's Cove Road New River Beach New Brunswick E5J 11<2 Saint John Common Council PO Box 1971 Saint John, NB E21-41-1 Dear Mayor Norton and Council Members, It has been brought to my attention that the New Brunswick Museum is requesting permission from the Mayor and Council of the City of Saint John to build a new collections center / warehouse adjacent to the original structure on Douglas Ave. It is my understanding that the property under consideration is the Riverview Memorial Park; a lovely little park in a neighbourhood that is rejuvenating and re-establishing itself with the infusion of young families that use the park daily. The history of the park is no doubt well known to each of you. The money for the park was raised by the citizens of the city and the park constructed in 1900-1902 as a memorial to the 700 New Brunswickers who served in the South African (Boer) War. This park is our history written in nature, a lasting tribute to brave and selfless persons of the past. To consider allowing this intended warehouse to take precedence over the original intentions for this property is unconscionable. There is no need to dispute the need for a collections center/warehouse; however I am sure that the City of Saint John has many options for the location other than the Riverview Memorial Park. Green space is part of our heritage. As people of Saint John, as New Brunswickers and as Canadians we consider our history and natural heritage as a vital part of life. It seems ironic that a museum dedicated to the preservation of history should be requesting the unnecessary and unwarranted destruction of an historic site. Our city's long history is the foundation upon which we build and it is essential that we continue to preserve and protect the places that are set aside for remembrance and reflection. As a proud Saint Johner born and raised who still owns the home my great grandparents built in West Saint John i value and treasure our past. It is this history that I bring to the attention of the international students I teach at Saint John College, University of New Brunswick Saint John. It is with pride that I tell of the greatness 197 of our city to hockey players from Europe, and politicians from other parts of Canada. This history reminds us of the selfless people who have made us what we are today: proud, and strong and free. As those chosen to represent the people of Saint John I hope you, the Mayor and Council members will respect the covenants on this land and keep it as a Memorial Park. Let us not destroy our shared past for the convenience of the present. Sin,cerely, G Brine M. McKay a )2U f 416,�It r+ i��nxt c� Ice Let r l C M. W6 ho ih iver v1 e vv lv)e t-�brl� r 5 4U-(- ih -Sk kbr mevyrn,4, c4;,r-4- Ike on 1) P r rk 6o ala 6,dlos qo4l Lisd)l qJ) �Al ) L Y2 Ccl &�-Ii)l lo'At, M5 C-2jv,:56-0 ,,j)6 nc 5,6 e e, —tL49 It's Bro t -J n O� n c C, U(,, AO �yo --7 -41 1- ol o(z lets G7 }fit A ea 4 Y-7 1:2 16 G,fj�c�s� �' IV 3 MI t LA., � � � � t� � , r � t I c �_ � � � �c4 rc � j 200 O Ave, I oppose the NBM's plan to build their collections warehouse in Riverview Memorial Park on Douglas Ave., in Saint John. This park is NB's Boer War Memorial and the only Boer War Memorial Park in Canada. ALI ('5 C_.C�r ry) C -V- �--6- C N aA- - bQ Z5ko,� V;ew �Df- 7� a 2 M TCA\jOUr JN -'I v el 201 Mark McGovern January 16, 2015 Attention: Mayor Norton and City Councillors Re: River View Memorial Park Dear Mayor and Councillors; 173 Tower Street Saint John NB E2M 1Z3 I am writing this letter to voice my objection to the proposed use of River View Memorial Park. Aside from the fact that the use of the land would be in clear violation of the original intent of use for the land, the construction of a warehouse in this beautiful historical residential area is clearly inappropriate. There is no shortage of inexpensive property within the city to construct such a facility. More importantly, it is imperative that governments respect the wish of the citizens when collective action is taken to acquire and designate property for common use; including creation of parks, memorials, green space, and recreational areas. Violation of this trust, unless critical to the well being and safety of the citizens, disenfranchises the citizens from the democratic and legal processes essential to healthy democracy. Were we to travel back in time and inform those who worked so diligently on the creation of this beautiful green space that it would ultimately become a warehouse, one would wonder if they would have bothered at all. The citizens fund raised, purchased, constructed and legally protected Riverview Memorial Park. Their intent is patently clear. The city must honour our ancestors' intent, or risk losing the confidence of its citizens, or even worse, risk losing the motivation of its people to act on the publics' best interest. Museums, of all institutions, should understand this given protective agreements such as that enacted for Riverview Memorial Park are specifically enacted at civic, provincial and federal levels to protect our natural heritage from such development. Thank you for you consideration to my viewpoint on this matter. 202 Anne Butler 16 Corsica Court Saint John, N.B. E2M 5G9 343-6103 January 14,2015 Dear Mayor andCouncil, As a citizen who spent hundreds of hours fighting to protect the integrity of my own neighbourhood when a motocross track was about to become a fixture that would forever change the place I called home, I write in support of the residents of Douglas Avenue in their efforts to do the same. I morally object to building a warehouse in a park which would desecrate War Memorial as an ancestor of one who fought in the Boer War and the daughter of a Veteran of WWII. As a citizen I object to a green space in an historic neighbourhood being sacrificed in the name of budgetary concerns. In these times when it is so difficult to find people willing to the right thing by making the hard choices, please stand strong and defend the rights of people who actually live in an area they feel is worthy of preservation. Please also do not break the law and ignore .Bill C-217. Respectfully, ?---fie Anne Butler 203 �tnnu,ct/�.y (5, 2�i5 U 0 204 anne faweett 2150 Rothesay Road Rothesay, NB E2H 5K8 _.. ^mad.com 2015 01 09 HAND DELIVERED Board of Directors New Brunswick Museum/Musee du Nouveau -Brunswick Douglas Avenue Saint John, New Brunswick E2L 4Z6 BOER WAR MEMORIAL PARK As a child, I knew a veteran of the Boer War—Jack Fitzgerald who ran the tiny store at the foot of Fitzy's Hill (later, Fox Farm Road). It was he I hoped would give the toast to the bride when I married. (I married too late.) Now, though, in Renforth is the J M Fitzgerald Memorial Ball Field. He matters here. Fine. I knew a veteran of this long -forgotten British war. But it is the fact of the Boer War Memorial Park informs people about our past; not knowing our past jeopardizes our future. So much for the lecture. What astounds me is that to save a dollar, the Board of an institution mandated to care for and inform its citizens about New Brunswick history is willing to take this park to build a `warehouse' (however badly needed). Having just learned of the 2014 Bill C217,1 wonder if it were not inspired by Mount Allison's destruction of its World War I Memorial Library. (I'll never give another penny to my first alma mater.) I urge you to reconsider the location, set up more of the wonderful tours done last (?) year and charge for them. Do more publicity by, say, having a weekly column about some of the extraordinary world- class work done at the NBM. Don't limit PR to fun and games for families—a superb way to build a bank of future users, to be sure. Let us old fogeys know what's going on (and not in just bulletins to members). We've the time to participate, too. Many of us have been NBM users for over 60 years! I ly Anne Fawcett PS Had it been possible from the NBM web site, I would have sent this earlier to individual board members; but for reasons of privacy, no doubt, there is not even a snail mail address—let alone an e-mail. 205 January 19, 2015 Mr. Jonathan Taylor Common Clerk City of Saint John P.O. Box 1971 Saint John, NB E2L 41_1 Dear Mr. Taylor, Re: Information for Saint John City Council concerning the New Brunswick Museum Collections Centre The New Brunswick Museum (NBM) has two main facilities in the City of Saint John: the Exhibition Centre, currently located in Market Square, where New Brunswick's stories are shared with New Brunswickers and their visitors, and the Collections Centre on Douglas Avenue. Within the Collections Centre, collections are documented and preserved, research of various types is undertaken, and the publicly accessible Archives and Research Library is located. Most of the NBM's staff and volunteers are based in the NBM Collections Centre. The Collections Centre is in a state of serious deterioration and is nearing end -of -life. There are significant issues with the building structure and envelope. The heating system is archaic; there are no environmental controls or ventilation systems for collections or staff activities. The building does not have a fire suppression system. Collections and work areas are severely over- crowded; collections and staff are at serious risk on an on-going basis. Over the past several years, the New Brunswick Museum Board of Directors and staff have worked with the NB Department of Tourism, Heritage and Culture and the NB Department of Transportation and Infrastructure to develop a cost-effective, phased, multi-year Plan to address these issues, and ensure that the building can continue to be used. This Plan includes first, the construction of an addition, and secondly, the renovation of the original structure. Several options have been identified for the location of the addition, including the possibility of locating it next to the original structure on a portion of Riverview Memorial Park. If this option was to be pursued, the NBM would commit to working with the City of Saint John and the public on the redevelopment of the Park, to increase recognition and access to its military story, as well as the significant First Nations and lumbering stories at that site, for residents of the City and tourists. 0 To enable the NBM to explore this option further, the NBM has requested permission from the City of Saint John to conduct a geotechnical survey of that area of the Park, to assess the condition of the soil and bedrock. This will enable a better understanding of what may or may not be possible at that site. During this work, an archaeologist will be onsite, to monitor the work in the event any artifacts are found. A paleontologist will be on site to monitor the work as well. At the conclusion of this work, the results will be shared publicly. Ultimately, if the NBM and Province wish to pursue the use of a portion of Park land, and the re -development of the Park, we will be returning to Saint John City Council for its approval. The New Brunswick Museum Board and staff are committed to doing the right thing for the NB Museum; however, we cannot and will not proceed without strong support from the City of Saint John and the public of Saint John and of New Brunswick. If you have any questions or would like to discuss further, please contact me at 506-640-2346 / Jane.Fullerton@nbm-mnb.ca. Sincerely, Jane Fullerton CEO C.C. New Brunswick Museum Board of Directors 207 M! 4 January 19, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Executive Recruitment Services - Position of City Manager The Committee of the Whole, having met on January 19, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on January 19, 2015, that the proposal from Knightsbridge Robertson Surrette for recruitment services for the City Manager's position in the amount of $40,000.00 plus HST be accepted and that the Mayor and Common Clerk be authorized to execute all the required documents, if any." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 M M! 4 January 19, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Boaz Restaurant - Lease Revisions The Committee of the Whole, having met on January 19, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on January 19, 2015, that Common Council approve the submitted agreement between 662677 N.B. Inc and The City of Saint John and that the Mayor and Common Clerk be authorized to sign the agreement; And further, once all arrears are fully paid and all rents and other monies owing to the City under the lease dated May 31, 2012 are current, but not later than January 15, 2019, clause 5(h) of Schedule C to the lease be amended in line 1 to delete "one -five year" and substitute therefore "one -ten year". Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 o