2015-02-02_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, February 2, 2015
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plan 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 December 18, 2014 2 - 3
2.2 Minutes of January 19, 2015 4-10
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Proposed Public Hearing Date - 1480 Red Head Road and 1680 -1690 Red 11 - 11
Head Road (Recommendation in Report)
5.2 Proposed Municipal Services Easement Saint John Industrial Parks Ltd. 12-14
Subdivision 60 Whitebone Way (Recommendation in Report)
5.3 Renewal Contract - Human Resources Performance Management 15-30
Software Oracle (Recommendation in Report)
5.4 Bullying Canada (Recommendation: Decline Request) 31 -32
5.5 Marks' Letter re: Riverview Memorial Park (Recommendation: Receive for 33-36
Information)
5.6 Saulniers' Letter re: Riverview Memorial Park (Recommendation: Receive for 37-37
Information)
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5.7 Wetuschats' Letter re: Riverview Memorial Park (Recommendation: Receive for 38-46
1
Information)
6.
Members Comments
7.
Proclamation
7.1 Proclamation - Heart Month
47-47
7.2 Proclamation - White Cane Week
48-48
7.3 Proclamation - Heritage Day / Heritage Week
49-49
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
9.1 Staff Presentation - Proposed Rezoning 27 Cliff Street
50-59
9.1.1 Planning Advisory Committee report recommending rezoning 27 Cliff
60-83
Street
9.1.2 Proposed Zoning ByLaw Amendment 27 Cliff Street (1st and 2nd
84-97
Reading)
9.2 Staff Presentation - Proposed Municipal Plan Amendment and Rezoning 2086
98-106
Ocean Westway
9.2.1 Planning Advisory Committee report recommending MPA and
107-137
Rezoning Amendments
9.2.2 Proposed MPA and Rezoning Amendments 2086 Ocean Westway (1st
138-141
and 2nd Reading)
10.
Consideration of By -laws
11.
Submissions by Council Members
11.1 Request Update on Making Saint John a Homeport (Mayor Norton)
142-142
11.2 Neighbourhoods (Councillor Farren)
143-143
11.3 2005 Tax Concession Placed on Properties Owned by Irving Oil Limited
144-144
(Councillor McAlary)
11.4 Governance Workshop (Deputy Mayor Rinehart)
145-145
12.
Business Matters - Municipal Officers
12.1 Borrowing Resolutions
146-148
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3
12.2 Capital Financing
149-151
13.
Committee Reports
13.1 Heritage Development Board - 2014 Heritage Awards Invitation
152-152
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Freedom of the City of Saint John - Royal New Brunswick Regiment
153-153
15.2 YMCA Women of Distinction Gala - Sponsorship
154-156
15.3 City Crews Working at Night
157-157
16.
Supplemental Agenda
16.1 Watershed Protection - Forest Management Plan Implementation Phase 1
158-170
16.2 Recommendation to Seek Formal Intervenor Status in the Forthcoming
171 -181
National Energy Board (NEB) Energy East Project Hearing
17.
Committee of the Whole
17.1 State of Local Emergency Declared in Saint John
182-183
18.
Adjournment
3
City of Saint John
Common Council Meeting
Monday, February 2, 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 Land Matter 10.2(4)(d)
1.3 Saint John Industrial Parks — Request to Present
1.4 Financial Matter 10.2(4)(c)
1.5 Land Matter 10.2(4)(d)
1.6 Financial Matter 10.2(4)(c)
1.7 Financial Matter 10.2(4)(c)
1.8 Financial Matter 10.2(4)(c)
1.9 Personal Matter 10.2(4)(b)
1.10 Financial Matter 10.2(4)(c)
1.11 Employment Matter 10.2(4)0)
1.12 Financial Matter 10.2(4)(c)
99-
COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 18, 2014/LE 18 DECEMBRE 2014
SPECIAL COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 18, 2014 - 5:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, and Reardon
Regrets: Councillor Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; W. Edwards,
Commissioner of Transportation and Environment Services; J.
Hamilton, Commissioner of Growth and Community Services; A.
Poffenroth, Deputy Commissioner of Growth and Community
Services; K. Clifford, Fire Chief; D. Secord, Sgt. at Arms; J.
Taylor, Common Clerk
1. Call To Order
Mayor Norton called the meeting to order.
1.1 2015 General Fund Operating Budget
The City Manager presented the draft 2015 General Fund Operating budget. Council
members provided input on the budget and Mr. Woods responded to questions.
Councillor Merrithew called a point of order respecting Councillor Fullerton's request to
hear from the Chair of the Police Commission. The Mayor advised that Council has not
posed a question to the Commission, noting that the Commission's Chair will not be
permitted to speak.
The City Manager summarized his notes on Council's budget input as follows:
• Support for investment in roads
• Support for some equipment purchases relating to roadwork
• Increase the transportation and recreation area up to the 2% mark
• Concern about Transit Commission and Police Commission living within the
allocated budget
• Possibility of creating a contingency fund
• Further information from Police Commission
• Possible revenue generation
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the City Manager be directed to
prepare the 2015 General Fund Operating budget based on the submitted draft budget
and Council's input on the proposed budget; and further that the proposed $165,000
increase in road funding remain in that line item.
Question being taken, the motion was defeated with Councillors Fullerton,
Lowe, MacKenzie, Merrithew and Reardon voting nay.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the City Manager be directed to
prepare the 2015 General Fund Operating budget based on the submitted draft budget
and Council's input on the proposed budget.
Question being taken, the motion was carried with Councillors Farren and
Norton voting nay.
I
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COMMON COUNCIL /CONSEIL COMMUNAL
DECEMBER 18, 2014/LE 18 DECEMBRE 2014
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the Common Council
meeting of December 18, 2014 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 8:53 p.m.
Mayor / maire
Common Clerk / greffier communal
3
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANIVER 2015
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JANUARY 19, 2015 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
Regrets: Councillor Strowbridge
- and -
P. Woods, City Manager; S. Brittain, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; B. Keenan, Engineering
Manager; J. Hamilton, Commissioner of Growth and Community
Development Services; A. Poffenroth, Deputy Commissioner of
Building and Inspection Services; K. Clifford, Fire Chief; Staff Sgt.
T. Hayes, Sgt -at -Arms; J. Taylor, Common Clerk; P. Anglin,
Deputy Common Clerk
Call To Order — Prayer
Mayor Norton called the meeting to order and Rev. Jasmine Chandra offered the
opening prayer.
2. Approval of Minutes
2.1 Minutes of January 5, 2015
On motion of Councillor Lowe
Seconded by Councillor McAlary
RESOLVED that the minutes of the meeting of
Common Council, held on January 5, 2015 be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Letters of Opposition Concerning Museum
Expansion on Douglas Avenue; 16.2 Letter from NB Museum re Collections Centre; 17.1
Executive Recruitment Services — Position of City Manager; and, 17.2 Lease Agreement
— 662677 N.B. INC.
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 2015-
004: Designation of By -law Enforcement Officer, Common Council
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- law ") 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;
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANVIER 2015
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 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(a) 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.
5.2 That as recommended in the submitted report Appointment of Jeremiah Miller
Canadian Corps of Commissionaires as By -Law Enforcement Officer, 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 15 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.
5.3 That as recommended by the City Manager in the submitted report M &C 2015-
003: Consent Agreement for proposed Encroachment of Maritimes & Northeast Pipeline
5
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANIVER 2015
KP 92.200, the City of Saint John enter into a Consent Agreement with Maritimes &
Northeast Pipeline subject to the terms and conditions in the submitted 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.
5.4 That as recommended by the City Manager in the submitted report M &C 2015-
002: Highway Usage Permit (HUP) Transfield Dexter Gateway Services Limited Route 1,
the City of Saint John enter into "Highway Usage Permit (HUP) D2014 -002" with
Transfield Dexter Gateway Services Limited, in the form as submitted to this M &C No.
2015 - 002, and that the Mayor and Common Clerk be authorized to execute the said
HUP.
5.5 That as recommended by the City Manager in the submitted report M &C 2015-
010: Contract No. 2013 -2: Dever Road - Sanitary Lift Station "Y" Replacement, 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.
5.6 Refer to Item 14.1
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the recommendation set out for
each consent agenda item respectively, with the exception of item 5.6 Province Seeking
Permission to Conduct Geotechnical Investigation on Portion of Riverview Park —
Douglas Avenue, which has been identified for debate, be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Eating Disorder Awareness Week — February 1 -7, 2015
The Mayor proclaimed February 1 -7, 2015 Eating Disorder Awareness Week in The City
of Saint John.
8. Delegations /Presentations
9. Public Hearings
10. Consideration of By -laws
10.1 Third Reading Business Improvement Levy ByLaw
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the By -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 for 2015, be read.
Question being taken, the motion was carried.
The By -Law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement
Levy By -Law" was read in its entirety.
On motion of Councillor Farren
Seconded By Councillor McAlary
RESOLVED that the By -Law entitled "A Law to
Amend By -Law Number BIA -2 Business Improvement Levy By -Law" by applying a levy
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANVIER 2015
of 16 cents for each one hundred dollars of assessed value for 2015, 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, "A Law to Amend By -Law Number BIA -2
Business Improvement Levy By- Law."
11. Submissions by Council Members
11.1 Municipal Services to Private Roads (Deputy Mayor Rinehart)
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED 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 upon approval by Council
and apply to any new private roads developed after this date.
Question being taken, the motion was carried.
11.2 Quarterly Reporting Requirements (Deputy Mayor Rinehart)
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED 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.
Question being taken, the motion was carried.
11.3 Marco Polo Project Location (Mayor Norton)
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the City Manager direct the
appropriate staff 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 and further that the report address any costs and potential liability issues
for the City associated with the project and the location of the Marco Polo on City land.
Question being taken, the motion was carried.
11.4 Electronic Car Charging Stations (Mayor Norton)
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that the City Manager direct the
appropriate staff member to work with the automobile dealership to identify prominent
locations for the units with the intention of having the units installed by Spring 2015.
Question being taken, the motion was carried.
11.5 Update on the City of Saint John's Accessibility Initiatives (Mayor Norton)
The Mayor withdrew item 11.5 from the agenda noting that the staff report addresses the
matter outlined in his submission.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANIVER 2015
12.4 Accessibility and the City of Saint John
On motion of Councillor Farren
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report entitled Accessibility and the City of Saint John, the
report be received for information.
Question being taken, the motion was carried.
11.6 Meeting with our Local MLAs (Councillor McAlary)
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the Common Clerk be directed to
arrange a meeting with Local MLAs Hon. Dr. Ed Doherty and Hon. Rick Doucette at their
earliest convenience.
Question being taken, the motion was carried.
12. Business Matters - Municipal Officers
12.1 Demolition of the vacant, dilapidated, abandoned and hazardous buildings
at 236 Brittain Street
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2015 -005: Demolition of the vacant, dilapidated,
abandoned and hazardous buildings at 236 Brittain Street, 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.
Question being taken, the motion was carried.
(The Mayor withdrew from the meeting and the Deputy Mayor assumed the Chair)
12.2 Compliance with all Section 39 Conditions Leinster Court Apartments: 55
Leinster Street
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that the submitted report M &C 2015-
006: Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster
Street, be tabled.
Question being taken, the motion was carried, with Councillors
MacKenzie, Merrithew and McAlary voting nay.
(The Mayor re- entered the meeting and assumed the Chair)
12.3 Saint John Building By -Law Amendment — latest version of National
Building Code of Canada and Barrier -Free Design Building Code Regulation
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2015 -009: Saint John Building By -Law
Amendment — latest version of National Building Code of Canada and Barrier -Free
Design Building Code Regulation, 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.
Question being taken, the motion was carried.
n.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANVIER 2015
13. Committee Reports
13.1 Municipal Grants Committee — Additional Funding to Community Grants
Program
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that Common Council transfer
$18,000.00 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; and further, that a
$5,000 unspecified grant amount be made available to the City Manager with a cap of
$300.00 per request for discretionary disbursement.
Question being taken, the motion was carried.
13.2 Saint John Board of Police Commissioners — Saint John Police Force
Program and Services Update
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that item 13.2: Saint John Board of
Police Commissioners — Saint John Police Force Program and Services Update, be
received for information.
Question being taken, the motion was carried.
13.3 Saint John Board of Police Commissioners — 2015 Executive
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that item 13.3: Saint John Board of
Police Commissioners — 2015 Executive, be received for information.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
14.1 Province Seeking Permission to Conduct Geotechnical Investigation on
Portion of Riverview Park — Douglas Avenue
Council members received concerns from the public that raised concerns about the
proposed work.
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that item 5.6: Province Seeking
Permission to Conduct Geotechnical Investigation on Portion of Riverview Park —
Douglas Avenue, be tabled pending further staff review of the public concerns.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
15. General Correspondence
16. Supplemental Agenda
16.1 Letters of Opposition Concerning Museum Expansion on Douglas Avenue
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the letters received respecting the
possible expansion of the NB Museum on Douglas Avenue be received for information.
Question being taken, the motion was carried.
16.2 Letter from NB Museum
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 19, 2015/LE 19 JANIVER 2015
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the letters received respecting the
possible expansion of the NB Museum on Douglas Avenue be received for information.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Executive Recruitment Services — Position of City Manager
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the
Committee of the Whole, having met on January 19, 2015, Common Council approves
the proposal from Knightsbridge Robertson Surrette for recruitment services for the City
Manager's position in the amount of $40,000.00 plus HST and that the Mayor and
Common Clerk be authorized to execute the necessary documents, if any.
Question being taken, the motion was carried with Councillor Farren
voting nay.
17.2 Lease Agreement — 662677 N.B. INC
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the
Committee of the Whole, having met on January 19, 2015, Common Council approves
the submitted agreement between 662677 N.B.INC and The City of Saint John and 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 ".
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the Common Council Meeting of
January 19, 2015 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:50 p.m.
Mayor / maire
Common Clerk / greffier communal
10
IT TO %COMMON COUNCLE-i
M &C- 2015 -016
January 22, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Public Hearing Date —1480 Red Head Road
and 1680 -1690 Red Head Road
e
City of Saint John
As provided in Common Council's resolution of August 3, 2004, this report indicates
the rezoning and Section 39 amendment applications received and recommends an
appropriate public hearing date.
Details of the applications are available in the Common Clerk's office and will form
part of the documentation presented at the public hearings.
The following applications have been received.
Name of Location Existing Proposed Reason
Applicant Gone Zone
Charles Gow 1480 Red Head Road CFN RR To permit the
conversion of the
former church to
a dwelling
Stacey L. Hope 1680 -1690 Red Head RR RU To permit an
Road equestrian facility
RECOMMENDATION:
That Common Council schedule the public hearings for the rezoning applications of
Charles Gow (1480 Red Head Road) and Staccy L. Hope (1680 -1690 Red Head
Road) for Monday, March 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.
submitted,
Hamilton, MURP, MCIP, RPP
Growth and Community Development Services
JH/r
11
J. Patrick Woods, CGA
City Manager
REPORT TO COMMO N COUNCIL
M &C -2015 -017
January 23, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
E
City of Saint John
SUBJECT: Proposed Municipal Services Easement
Saint John Industrial Parks Ltd. Subdivision
60 Whitebone Way (PID 55212153 and portions of 00434191 &
00434175)
BACKGROUND:
On March 13, 2014, the Development Officer approved the attached plan of
subdivision which, upon registration, would have created Lots 13 -1 and 13 -2 on
Whitebone Way in the McAllister Industrial Park, as well as Parcel "A" to be
consolidated with adjacent lands owned by Saint John Industrial Parks Ltd.
This plan also intended to vest a municipal services easement over PID 00434191
and 00434175 in order to protect existing municipal piped infrastructure. The
location and necessary easement requirement had been identified by the
Infrastructure Development division of Growth and Community Development
Services as part of the normal internal circulation process. Due to an oversight,
the plan was approved by the Development Officer without the necessary formal
acceptance of the easement by resolution of Common Council. The purpose of
this report is to correct this oversight so that the subdivision plan may be
registered.
ANALYSIS:
Often the vesting of municipal services easements is considered by Council in a
recommendation from the Planning Advisory Committee when dealing with more
significant subdivision applications where other approvals are required. However,
12
M & C — 2015 — 017 - 2 - January 23, 2015
this matter did not require the consideration of the Committee, and the
Community Planning Act does not require the Committee's involvement when
only dealing with easements.
The vesting of the proposed municipal services easement is supported by
Infrastructure Development. Therefore, Council's assent to the attached
subdivision plan with respect to the proposed municipal services easement is
recommended.
RECOMMENDATION:
That Common Council assent to the submitted subdivision plan entitled "Saint
John Industrial Parks Ltd. Subdivision" located at 60 Whitebone Way (PID
55212153 and portions of 00434191 and 00434175), with respect to the vesting of
the proposed municipal services easement.
Respectfully submitted,
Jody iffer, MCIP, RPP
Planner
Stacey orfar, MBA, MCIP, RPP
Deputy Commissioner
Growth and Community Enrichment Services
e Hamilton, MURP, MCIP, RPP
& Community Development Services
J. Patrick Woods, CGA
City Manager
Project No. 13 -212
13
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S15
REPORT TO COMMON COUNCIL
January 19, 2015,
L a
.A
His Worship Mayor Mel Norton
And Members of Common Council The City ofSWW john
Your Worship and Members of Council,
Subject: Renewal Contract -- Human Resources Performance
Management Software (Oracle)
PURPOSE
The purpose of this report is to recommend approval by Council of a renewed two (2)
year contract between the City of Saint John and Oracle (formerly Taleo Canada Inc.) for
the City's human resources performance management software system.
BACKGROUND AND ANALYSIS
New human resources performance management processes and procedures were
implemented by the City of Saint John in 2010. The new processes and procedures were
enabled by a secure web -based (hosted) service provided by Taleo Canada Inc. A
competitive screening and selection process was used to originally select Taleo Canada as
the service provider. Taleo was selected based on its on -line accessibility, ease of use,
flexibility and associated management and user reporting functions. The Taleo system
provides much greater detail, consistency and discipline with respect to the overall
employee performance review process within the City of Saint John.
Late in 2011, Taleo Canada Inc. was purchased by Oracle and integrated into Oracle's
overall product and service portfolio. The transition to Oracle provided new product
enhancements and greater integration with the City of Saint John's processes and
systems. On January 4, 2012 the City entered into a three year software licencing and
support agreement with Oracle for its performance management system. The contract
between Oracle and the City of Saint John was originally for a term of three (3) years
commencing on January 4, 2012. The original three year term expires this month.
A two year contract renewal with Oracle will provide on -going system access and
support, while supporting an increase in users to complete the roll out of on -line
performance reviews organizationally.
15
Strategic Services
Report to Common Council
INPUT FROM OTHER SERVICE AREAS
Page Z
The renewal of the Oracle Performance Management Cloud Service Agreement was
discussed with Information Technology Department. Agreement information was
provided to the City Solicitor's Office for review.
FINANCIAL CONSIDERATIONS
The costs associated with the renewal of this software service agreement have been
included in both the 2015 and 2016 Information Technology operating budgets. The
renewed contract with Oracle reflects an increase in annual costs of approximately
$2,000 per year, primarily a reflection of an increase in City of Saint John licenced users.
ATTACHMENTS
Oracle Service Agreement
RECOMMENDATION:
That Common Council renew the City's contract with Oracle for a term of two (2) years
with a fixed cost of $11,307.35 plus HST per year (total cost of the agreement will be
$22,614.70 +HST); and that Common Council authorize the Mayor and Common Clerk
to execute the agreement between the City and Oracle for the Oracle TBE Performance
Management Cloud Service software in the attached form.
Respectfully submitted,
Stephanie Walsh, CHRP, MBA, CEC
Senior Manager, Human Resources
Services
Neil Jacobsen, MBA
Commissioner, Strategic Services
Enels.
16
Brian Woods, M.Sc.
Manager, Information Technology
P',C)'o,
ck Woods, CGA
City Manager
5,3
Your Name City of Saint John
Your Location 15 Market Square
Saint John NB E2L 1 E8
Renew /Extend Term: 4- Jan -2015 to 3- Jan -2016
Your Contact
Phone Number
Email Address
Oracle Canada ULC
100 Milverton Drive
Mississauga, Ontario L5R 4H1
Tara Murray
tara.m urray @saintjohn.ca
Cloud Services
Service Period: 24 months
Cloud Services Fees
Data Center Region: North America
Quantity Tenn
Total Fees
11,307.34
Unit Net Price
Net Fee
B77400 - Oracle TBE Base Platform
653 12 mo
0.7215
5,653.67
Cloud Service - Hosted Named User
877403 - Oracle TBE Performance
653 12 mo
0.7215
5,653.67
Management Cloud Service - Hosted
Named User
Subtotal
11,307.34
Fee Description
Net Fee
Cloud Services Fees
11,307.34
Total Fees
11,307.34
A. Ordered Services
1. Agreement
a. This order incorporates by reference the terms of the Oracle Cloud Services Agreement CA- CSA- QT5389816 and all amendments and addenda
thereto (the "Agreement "). The defined terms in the Agreement shall have the same meaning in this order unless otherwise specified herein.
B. General Terms
1. Summary of Fees
All fees on this ordering document are in Canadian Dollars.
2. Fees
a. The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes, and the Consulting /Professional Services Payment
Frequency applies to all fees and taxes for Consulting /Professional Services. All fees payable to Oracle are due within 30 days from the invoice date.
Once placed, Your order is non - cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement.
You will pay any sales, value -added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You ordered, except
for taxes based on Oracle's income. Also, You will reimburse Oracle for reasonable expenses related to providing any Professional Services. Unless,
specifically stated otherwise, fees for Services listed in an order are exclusive of taxes and expenses.
Please note that if the pre -tax value of this Ordering Document is USD 2,000 or less, the products and Cloud Services listed on this Ordering
Document must be purchased by credit card. Purchase orders and checks are no longer accepted for transactions of this size.
Consulting /Professional Services may not be purchased by credit card irrespective of the transaction size, You agree not to disclose the terms of this
Ordering Document to any third party.
Cloud Services Payment Frequency: Your payment frequency is annual in advance.
5389816-3 Issued by Oracle Canada ULC 14-JAN -2015
17 Page 1 of 3
3. Offer Validity
This order is valid through 30- JAN -2015 and shall become binding upon execution by You and acceptance by Oracle.
4. Renewal of Cloud Services:
Notwithstanding any statement to the contrary in the Services Specifications, the parties expressly agree that the Cloud Services acquired under this
Ordering Document will not Auto - Renew. At the end of the Services Period, the Cloud Services acquired under this Ordering Document may be
renewed for an additional Services Period, subject to Your placement of a renewal order and payment of fees for such Cloud Services. For the first two
years of the first renewal Services Period of Cloud Services, the annual fee for each Cloud Service ordered will not increase by more than 4% of the
Unit Net Price for such service in the immediately preceding year. The Cloud Services may not be renewed as described in the preceding sentence if:
(i) Oracle is no longer making such Cloud Services generally available to commercial customers, or (ii) You are seeking to cancel or reduce the
number of user licenses of the Cloud Services set forth in this Ordering Document.
5. Terms of Use:
All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering Document,
including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement to the terms of this Ordering
Document, including the Agreement, by signing this Ordering Document, and You represent that You have the authority to bind the company to whom
this Ordering Document is addressed above to the terms of this Ordering Document and the Agreement. As applicable, Oracle processes a customer'
s order after receipt of a purchase order or a valid credit card. Any terms and conditions on Your purchase order are void and have no legal effect.
For Cloud Services, You may not reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part,
during the Services Period set forth above The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, if
none is provided in the Ordering Document, the day the User login names and password are issued to You to access the Cloud Services under the
Ordering Document (the "Cloud Services Start Date "). You must maintain a current subscription to applicable Oracle Cloud Services for the duration
of any Consulting /Professional services ordered under this Ordering Document.
6. Price Hold for Cloud Services:
During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the Unit Net Price
specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or extensions of the Cloud Services
ordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle discount or promotion, or to any Cloud Services other
than those listed in the initial purchase under this Ordering Document.
C. Service Specifications
1. Service Specifications:
The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this Ordering
Document. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the Service Specifications will not
result in a material reduction in the level of performance, security or availability of the applicable Services provided to You for the duration of the
Services Period. The terms of the Service Specifications, including any subject matter addressed in the Service Specifications, will replace any
inconsistent term, similar subject matter or scope of service delivery in the Agreement; however, unless expressly stated otherwise in this Ordering
Document, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document, Agreement or
Service Specifications. For the purposes of this Ordering Document, references to the term "Customer' in any document within the Service
Specifications shall mean "You" as defined in this Ordering Document.
• Service Descriptions and Metrics
Oracle service descriptions and metrics govern Cloud Services and Consulting /Professional Services. You may access the version of these
descriptions and metrics that apply to the Cloud Services and Consulting /Professional Services that You have ordered at www.oracle.com /contracts.
• Cloud Hosting and Delivery Services Policies
Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these policies that apply to the
Cloud Services that You have ordered at www.oracle.com /contracts.
• Program Documentation
Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help windows and read me
files for such Oracle Programs that are accessible from within the service. The Program Documentation describes technical and functional aspects of
the Oracle Programs. You may access the documentation online at www.oracle.com /contracts.
D. Other
1. Order of Precedence
a. This Ordering Document, including any subject matter addressed in the Service Specifications, shall supersede any inconsistent term, similar
subject matter or scope of service delivery in the Agreement referenced above in Section A.1; however, unless expressly stated otherwise in this
Ordering Document, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document,
Agreement or Service Specifications. This Ordering Document will control over the terms contained in any purchase order.
5389816-3 Issued by Oracle Canada ULC 14- JAN -2015
18 Page 2 of 3
2. No Excess Obligations
For each of the two (2) 12 -month terms of the order, You must provide a purchase order, and Your issuance of each 12 -month purchase order shall
signify to Oracle that all funds for the given 12 -month term have been fully appropriated and are available and no longer subject to any appropriations
contingency. Notwithstanding the foregoing, You agree to pay for all services performed by Oracle prior to Oracle's receipt of Your notice of
non - appropriations.
City of Saint John
Authorized Signature
Name
Title
Signature Date
5389816-3 Issued by Orade Canada ULC 14- JAN -2015
19 Page 3 of 3
ORACLE'
ORACLE CLOUD SERVICES AGREEMENT
This Oracle Cloud Services Agreement (this "Agreement') is between Oracle Canada ULC ( "Oracle ") and the
individual or entity that has executed this Agreement as identified in the signature block below ( "You "). This
Agreement sets forth the terms and conditions that govern orders placed by You for Services under this Agreement.
1. AGREEMENT DEFINITIONS
1.1. "Ancillary Software" means any software agent or tool that Oracle makes available to You for download
for purposes of facilitating Your access to, operation of, and /or use with, the Services Environment.
1.2. "Auto Renew' or "Auto Renewal' is the process by which the Services Period of certain Cloud Services
under an order is automatically extended for an additional Services Period unless such Services are
otherwise terminated in accordance with the terms of the order or this Agreement. The Service
Specifications incorporated into Your order define which Cloud Services are eligible for Auto Renewal as
well as any terms applicable to any such renewal.
1.3. "Cloud Services" means, collectively, the Oracle cloud services (e.g., Oracle software as a service
offerings and related Oracle Programs) listed in Your order and defined in the Service Specifications. The
term "Cloud Services" does not include Professional Services.
1.4. "Data Center Region" refers to the geographic region in which the Services Environment is physically
located. The Data Center Region applicable to the Cloud Services is set forth in Your order.
1.5. "Oracle Programs" refers to the software products owned or licensed by Oracle to which Oracle grants
You access as part of the Cloud Services, including Program Documentation, and any program updates
provided as part of the Cloud Services.
1.6. "Professional Services" means, collectively, the consulting and other professional services which You
have ordered. Professional Services include any deliverables described in Your order and delivered by
Oracle to You under the order. The term "Professional Services" does not include Cloud Services.
1.7. "Program Documentation" refers to the user manuals referenced within the Service Specifications for
Cloud Services, as well as any help windows and readme files for the Oracle Programs that are accessible
from within the Services. The Program Documentation describes technical and functional aspects of the
Oracle Programs. For Oracle Infrastructure -as -a- Service (laaS) Cloud Services, "Program Documentation"
includes documentation, help windows and readme files for the IaaS hardware products. You may access
the documentation online at http: / /oracle.com /contracts or such other address specified by Oracle.
1.8. "Services" means, collectively, both the Cloud Services and Professional Services that You have ordered.
1.9. "Services Environment" refers to the combination of hardware and software components owned, licensed
or managed by Oracle to which Oracle grants You and Your Users access as part of the Cloud Services
which You have ordered. As applicable and subject to the terms of this Agreement and Your order, Oracle
Programs, Third Party Content, Your Content and Your Applications may be hosted in the Services
Environment.
1.10. "Service Specifications" means the descriptions on www.oracle.com /contracts, or such other address
specified by Oracle, that are applicable to the Services under Your order, including any Program
Documentation, hosting, support and security policies (for example, Oracle Cloud Hosting and Delivery
Policies), and other descriptions referenced or incorporated in such descriptions or Your order.
1.11. "Services Period" refers to the period of time for which You have ordered Cloud Services as specified in
Your order.
1.12. "Third Party Content' means all text, files, images, graphics, illustrations, information, data, audio, video,
photographs and other content and material, in any format, that are obtained or derived from third party
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 1 of 11
20
sources outside of Oracle and made available to You through, within, or in conjunction with Your use of, the
Cloud Services. Examples of Third Party Content include data feeds from social network services, rss
feeds from blog posts, data libraries and dictionaries, and marketing data.
1.13. "Users" means those employees, contractors, and end users, as applicable, authorized by You or on Your
behalf to use the Cloud Services in accordance with this Agreement and Your order. For Cloud Services
that are specifically designed to allow Your clients, agents, customers, suppliers or other third parties to
access the Cloud Services to interact with You, such third parties will be considered "Users" subject to the
terms of this Agreement and Your order.
1.14. "You" and "Your" refers to the individual or entity that has executed this Agreement.
1.15. "Your Applications" means all software programs, including any source code for such programs, that You
or Your Users provide and load onto, or create using, any Oracle "platform -as -a- service" or "infrastructure -
as-a- service" Cloud Services. Services under this Agreement, including Oracle Programs and Services
Environments, Oracle intellectual property, and all derivative works thereof, do not fall within the meaning of
the term "Your Applications."
1.16. "Your Content" means all text, files, images, graphics, illustrations, information, data (including Personal
Data as that term is defined in the Data Processing Agreement for Oracle Cloud Services described in
Section 11.2 below), audio, video, photographs and other content and material (other than Your
Applications), in any format, provided by You or on behalf of Your Users that reside in, or run on or through,
the Services Environment.
2. TERM OF AGREEMENT
Unless this Agreement is terminated earlier as described below, You may place orders governed by this
Agreement for a period of five years from the effective date of this Agreement (indicated below in Section 25).
This Agreement will continue to govern any order for the duration of the Services Period of such order.
3. RIGHTS GRANTED
3.1 For the duration of the Services Period and subject to Your payment obligations, and except as otherwise
set forth in this Agreement or Your order, You have the non - exclusive, non - assignable, worldwide limited right to
access and use the Services that You ordered, including anything developed by Oracle and delivered to You as
part of the Services, solely for Your internal business operations and subject to the terms of this Agreement and
Your order, including the Service Specifications. You may allow Your Users to use the Services for this purpose
and You are responsible for Your Users' compliance with this Agreement and the order.
3.2 You do not acquire under this Agreement any right or license to use the Services, including the Oracle
Programs and Services Environment, in excess of the scope and /or duration of the Services stated in Your order.
Upon the end of the Services ordered, Your right to access and use the Services will terminate.
3.3 To enable Oracle to provide You and Your Users with the Services, You grant Oracle the right to use,
process and transmit, in accordance with this Agreement and Your order, Your Content and Your Applications for
the duration of the Services Period plus any additional post- termination period during which Oracle provides You
with access to retrieve an export file of Your Content and Your Applications. If Your Applications include third
party programs, You acknowledge that Oracle may allow providers of those third party programs to access the
Services Environment, including Your Content and Your Applications, as required for the interoperation of such
third party programs with the Services. Oracle will not be responsible for any use, disclosure, modification or
deletion of Your Content or Your Applications resulting from any such access by third party program providers or
for the interoperability of such third party programs with the Services.
3.4 Except as otherwise expressly set forth in Your order for certain Cloud Services offerings (e.g., a private
cloud hosted at Your facility), You acknowledge that Oracle has no delivery obligation for Oracle Programs and
will not ship copies of such programs to You as part of the Services.
3.5 As part of certain Cloud Services offerings, Oracle may provide You with access to Third Party Content.
The type and scope of any Third Party Content is defined in Your order or applicable Service Specifications. The
third party owner, author or provider of such Third Party Content retains all ownership and intellectual property
rights in and to that content, and Your rights to use such Third Party Content are subject to, and governed by, the
terms applicable to such content as specified by such third party owner, author or provider, unless otherwise
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 2 of 11
21
specified in Your order.
4. OWNERSHIP AND RESTRICTIONS
4.1 You retain all ownership and intellectual property rights in and to Your Content and Your Applications.
Oracle or its licensors retain all ownership and intellectual property rights to the Services, including Oracle
Programs and Ancillary Software, and derivative works thereof, and to anything developed or delivered by or on
behalf of Oracle under this Agreement.
4.2 You may not, and may not cause or permit others to:
a) remove or modify any program markings or any notice of Oracle's or its licensors' proprietary rights;
b) make the programs or materials resulting from the Services (excluding Your Content and Your Applications)
available in any manner to any third party for use in the third party's business operations (unless such
access is expressly permitted for the specific Services You have acquired);
c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute,
republish or download any part of the Services (the foregoing prohibitions include but are not limited to
review of data structures or similar materials produced by programs), or access or use the Services in order
to build or support, and /or assist a third party in building or supporting, products or Services competitive to
Oracle;
d) perform or disclose any benchmark or performance tests of the Services, including the Oracle Programs;
e) perform or disclose any of the following security testing of the Services Environment or associated
infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking,
remote access testing, or penetration testing; and
f) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau
use, or otherwise commercially exploit or make available the Services, Oracle Programs, Ancillary Software,
Services Environments or Oracle materials to any third party, other than as expressly permitted under the
terms of the applicable order.
5. SERVICE SPECIFICATIONS
5.1 The Services are subject to and governed by Service Specifications applicable to Your order. Service
Specifications may define provisioning and management processes applicable to the Services (such as capacity
planning), types and quantities of system resources (such as storage allotments), functional and technical
aspects of the Oracle Programs, as well as any Services deliverables. You acknowledge that use of the
Services in a manner not consistent with the Service Specifications may adversely affect Services performance
and /or may result in additional fees. If the Services permit You to exceed the ordered quantity (e.g., soft limits on
counts for Users, sessions, storage, etc.), then You are responsible for promptly purchasing additional quantity to
account for Your excess usage. For any month that You do not promptly purchase such additional quantity,
Oracle may require You to pay, in addition to the fees for the additional quantity, an excess usage fee for those
Services equivalent to 10% of the fees for the additional quantity in the month in which such excess usage
occurred.
5.2 Oracle may make changes or updates to the Services (such as infrastructure, security, technical
configurations, application features, etc.) during the Services Period, including to reflect changes in technology,
industry practices, patterns of system use, and availability of Third Party Content. The Service Specifications are
subject to change at Oracle's discretion; however, Oracle changes to the Service Specifications will not result in
a material reduction in the level of performance, security or availability of the applicable Services provided to You
for the duration of the Services Period.
5.3 Your order will specify the Data Center Region in which Your Services Environment will reside. As
described in the Service Specifications and to the extent applicable to the Cloud Services that You have ordered,
Oracle will provide production, test, and backup environments in the Data Center Region stated in Your order.
Oracle and its affiliates may perform certain aspects of Cloud Services, such as service administration and
support, as well as other Services (including Professional Services and disaster recovery), from locations and /or
through use of subcontractors, worldwide.
6. USE OF THE SERVICES
6.1 You are responsible for identifying and authenticating all Users, for approving access by such Users to the
Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 3 of 11
22
usernames, passwords and account information. By federating or otherwise associating Your and Your Users'
usernames, passwords and accounts with Oracle, You accept responsibility for the confidentiality and timely and
proper termination of user records in Your local (intranet) identity infrastructure or on Your local computers.
Oracle is not responsible for any harm caused by Your Users, including individuals who were not authorized to
have access to the Services but who were able to gain access because usernames, passwords or accounts
were not terminated on a timely basis in Your local identity management infrastructure or Your local computers.
You are responsible for all activities that occur under Your and Your Users' usernames, passwords or accounts
or as a result of Your or Your Users' access to the Services, and agree to notify Oracle immediately of any
unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from
accessing the Services.
6.2 You shall not use or permit use of the Services, including by uploading, emailing, posting, publishing or
otherwise transmitting any material, including Your Content, Your Applications and Third Party Content, for any
purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b)
involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or
promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, "junk mail ", "spam" or chain letters;
(e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable
laws, ordinances or regulations. In addition to any other rights afforded to Oracle under this Agreement, Oracle
reserves the right, but has no obligation, to take remedial action if any material violates the restrictions in the
foregoing sentence (the "Acceptable Use Policy "), including the removal or disablement of access to such
material. Oracle shall have no liability to You in the event that Oracle takes such action. You shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of Your
Content and Your Applications. You agree to defend and indemnify Oracle against any claim arising out of a
violation of Your obligations under this section.
6.3 You are required to accept all patches, bug fixes, updates, maintenance and service packs (collectively,
"Patches ") necessary for the proper function and security of the Services, including for the Oracle Programs, as
such Patches are generally released by Oracle as described in the Service Specifications. Oracle is not
responsible for performance or security issues encountered with the Cloud Services that result from Your failure
to accept the application of Patches that are necessary for the proper function and security of the Services.
Except for emergency or security related maintenance activities, Oracle will coordinate with You the scheduling
of application of Patches, where possible, based on Oracle's next available standard maintenance window.
7. TRIAL USE AND PILOT CLOUD SERVICES
7.1 For certain Cloud Services, Oracle may make available "trials" and "conference room pilots" for non -
production evaluation purposes. Cloud trials and conference room pilots must be ordered under a separate
agreement.
7.2 Oracle may make available "production pilots" for certain Cloud Services under this Agreement. Production
pilots ordered by You are described in the Service Specifications applicable to Your order, and are provided
solely for You to evaluate and test Cloud Services for Your internal business purposes. You may be required to
order certain Professional Services as a prerequisite to an order for a production pilot.
8. FEES AND TAXES
8.1 All fees payable to Oracle are due within thirty (30) days from the invoice date. Once placed, Your order is
non - cancelable and the sums paid nonrefundable, except as provided in this Agreement or Your order. You will
pay any sales, value -added or other similar taxes imposed by applicable law that Oracle must pay based on the
Services You ordered, except for taxes based on Oracle's income. Also, You will reimburse Oracle for
reasonable expenses related to providing any Professional Services. Fees for Services listed in an order are
exclusive of taxes and expenses.
8.2 You understand that You may receive multiple invoices for the Services You ordered. Invoices will be
submitted to You pursuant to Oracle's Invoicing Standards Policy, which may be accessed at
http://oracle.com/contracts.
8.3 You agree and acknowledge that You have not relied on the future availability of any Services, programs or
updates in entering into the payment obligations in Your order; however, the preceding does not relieve Oracle of
its obligation during the Services Period to deliver Services that You have ordered per the terms of this
Agreement.
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 4 of 11
23
9. SERVICES PERIOD; END OF SERVICES
9.1 Services provided under this Agreement shall be provided for the Services Period defined in Your order,
unless earlier suspended or terminated in accordance with this Agreement or the order. If stated in the Service
Specifications, certain Cloud Services that are ordered will Auto Renew for additional Services Periods unless (i)
You provide Oracle with written notice no later than thirty (30) days prior to the end of the applicable Services
Period of Your intention not to renew such Cloud Services, or (ii) Oracle provides You with written notice no later
than ninety (90) days prior to the end of the applicable Services Period of its intention not to renew such Cloud
Services.
9.2 Upon the end of the Services, You no longer have rights to access or use the Services, including the
associated Oracle Programs and Services Environments; however, for a period of up to 60 days after the end of
the applicable Services Period, Oracle will make available Your Content and Your Applications then in the
Services Environment for the purpose of retrieval by You. At the end of such 60 day period, and except as may
be required by law, Oracle will delete or otherwise render inaccessible any of Your Content and Your
Applications that remain in the Services Environment.
9.3 Oracle may temporarily suspend Your password, account, and access to or use of the Services if You or
Your Users violate any provision within the 'Rights Granted', 'Ownership and Restrictions', 'Fees and Taxes',
'Use of the Services', or 'Export' sections of this Agreement, or if in Oracle's reasonable judgment, the Services
or any component thereof are about to suffer a significant threat to security or functionality. Oracle will provide
advance notice to You of any such suspension in Oracle's reasonable discretion based on the nature of the
circumstances giving rise to the suspension. Oracle will use reasonable efforts to re- establish the affected
Services promptly after Oracle determines, in its reasonable discretion, that the situation giving rise to the
suspension has been cured; however, during any suspension period, Oracle will make available to You Your
Content and Your Applications as existing in the Services Environment on the date of suspension. Oracle may
terminate the Services under an order if any of the foregoing causes of suspension is not cured within 30 days
after Oracle's initial notice thereof. Any suspension or termination by Oracle under this paragraph shall not
excuse You from Your obligation to make payment(s) under this Agreement.
9.4 If either of us breaches a material term of this Agreement and fails to correct the breach within 30 days of
written specification of the breach, then the breaching party is in default and the non - breaching party may
terminate the order under which the breach occurred. If Oracle terminates the order as specified in the
preceding sentence, You must pay within 30 days all amounts that have accrued prior to such termination, as
well as all sums remaining unpaid for the Services under such order plus related taxes and expenses. Except for
nonpayment of fees, the nonbreaching party may agree in its sole discretion to extend the 30 day period for so
long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default
under this Agreement, You may not use those Services ordered.
9.5 If You have used an Oracle Financing Division contract to pay for the fees due under an order and You are
in default under that contract, You may not use the Services that are subject to such contract.
9.6 Provisions that survive termination or expiration of this Agreement are those relating to limitation of liability,
indemnification, payment and others which by their nature are intended to survive.
10. NONDISCLOSURE
10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another
( "Confidential Information "). We each agree to disclose only information that is required for the performance of
obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this
Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly
identified as confidential at the time of disclosure.
10.2 A party's Confidential Information shall not include information that: (a) is or becomes a part of the public
domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the
disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c)
is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently
developed by the other party.
10.3 We each agree not to disclose each other's Confidential Information to any third party other than as set
forth in the following sentence for a period of three years from the date of the disclosing party's disclosure of the
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 5 of 11
24
Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that
resides within the Services Environment in confidence for as long as such information resides in the Services
Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors
who are required to protect it against unauthorized disclosure in a manner no less protective than required under
this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the
Services Environment in accordance with the Oracle security practices defined as part of the Service
Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the
terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this
Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this
Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
11. DATA PROTECTION
11.1 In performing the Services, Oracle will comply with the Oracle Services Privacy Policy, which is available at
http: / /www. oracle. com /html /Services- privacy- policy.htmi and incorporated herein by reference. The Oracle
Services Privacy Policy is subject to change at Oracle's discretion; however, Oracle policy changes will not result
in a material reduction in the level of protection provided for Your Personal Data provided as part of Your Content
during the Services Period of Your order.
11.2 Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement "), which
is available at http: / /www. oracle .com /dataprocessingagreement and incorporated herein by reference, describes
the parties' respective roles for the processing and control of Personal Data that You provide to Oracle as part of
the Cloud Services. Oracle will act as a data processor, and will act on Your instruction concerning the treatment
of Your Personal Data residing in the Services Environment, as specified in this Agreement, the Data Processing
Agreement and the applicable order. You agree to provide any notices and obtain any consents related to Your
use of the Services and Oracle's provision of the Services, including those related to the collection, use,
processing, transfer and disclosure of Personal Data.
11.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other
safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system
management applicable to the Services. You are responsible for any security vulnerabilities, and the
consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses,
Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could
limit or harm the functionality of a computer or that could damage, intercept or expropriate data. You may
disclose or transfer, or instruct Oracle to disclose or transfer, Your Content or Your Applications to a third party,
and upon such disclosure or transfer Oracle is no longer responsible for the security or confidentiality of such
content and applications outside of Oracle.
11.4 You may not provide Oracle access to health, payment card or similarly sensitive personal information that
imposes specific data security obligations for the processing of such data unless specified in Your order. If
available, You may purchase services from Oracle (e.g., Oracle Payment Card Industry Compliance Services,
Oracle HIPAA Security Services, Oracle Federal Security Services, etc.) designed to address particular data
protection requirements applicable to Your business or Your Content.
12. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
12.1 Oracle warrants that it will perform (i) Cloud Services in all material respects as described in the Service
Specifications, and (ii) Professional Services in a professional manner in accordance with the Service
Specifications. If the Services provided to You were not performed as warranted, You must promptly provide
written notice to Oracle that describes the deficiency in the Services (including, as applicable, the service request
number notifying Oracle of the deficiency in the Services).
12.2 ORACLE DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR -FREE
OR UNINTERRUPTED, OR THAT ORACLE WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES
WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY
OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY ORACLE, AND (C)
THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU
ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER
COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE
SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH
COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ORACLE IS NOT RESPONSIBLE
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25
FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES
THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. .
12.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND ORACLE'S
ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE
BREACH OF WARRANTY, OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A
COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND ORACLE WILL
REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE -PAID TO ORACLE FOR
THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.
12.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE
ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE,
HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER
THIS AGREEMENT), DATA, OR DATA USE. ORACLE'S AGGREGATE LIABILITY FOR ALL DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR
TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNTS ACTUALLY PAID TO ORACLE FOR
THE SERVICES UNDER THE ORDER GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY LESS ANY REFUNDS
OR CREDITS RECEIVED BY YOU FROM ORACLE UNDER SUCH ORDER.
14. INDEMNIFICATION
14.1 Subject to the terms of this Section 14 (Indemnification), if a third party makes a claim against either You or
Oracle ( "Recipient" which may refer to You or Oracle depending upon which party received the Material), that
any information, design, specification, instruction, software, service, data, hardware, or material (collectively,
"Material ") furnished by either You or Oracle ( "Provider" which may refer to You or Oracle depending on which
party provided the Material) and used by the Recipient infringes the third party's intellectual property rights, the
Provider, at the Provider's sole cost and expense, will defend the Recipient against the claim and indemnify the
Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming
infringement or the settlement agreed to by the Provider, if the Recipient does the following:
a. notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the
claim (or sooner if required by applicable law);
b. gives the Provider sole control of the defense and any settlement negotiations; and
c. gives the Provider the information, authority and assistance the Provider needs to defend against or settle
the claim.
14.2 If the Provider believes or it is determined that any of the Material may have violated a third party's
intellectual property rights, the Provider may choose to either modify the Material to be non - infringing (while
substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these
alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the
applicable Material and refund any unused, prepaid fees the Recipient may have paid to the other party for such
Material. If such return materially affects Oracle's ability to meet its obligations under the relevant order, then
Oracle may, at its option and upon 30 days prior written notice, terminate the order. If such Material is third party
technology and the terms of the third party license do not allow Oracle to terminate the license, then Oracle may,
upon 30 days prior written notice, end the Services associated with such Material and refund to You any unused,
prepaid fees for such Services.
14.3 The Provider will not indemnify the Recipient if the Recipient (a) alters the Material or uses it outside the
scope of use identified in the Provider's user or program documentation or Service Specifications, (b) uses a
version of the Material which has been superseded, if the infringement claim could have been avoided by using
an unaltered current version of the Material which was made available to the Recipient, or (c) continues to use
the applicable Material after the end of the license to use that Material. The Provider will not indemnify the
Recipient to the extent that an infringement claim is based upon any information, design, specification,
instruction, software, service, data, hardware or material not furnished by the Provider. Oracle will not indemnify
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 7 of 11
26
You for any portion of an infringement claim that is based upon the combination of any Material with any
products or Services not provided by Oracle. Oracle will not indemnify You to the extent that an infringement
claim is based on Third Party Content or any Material from a third party portal or other external source that is
accessible or made available to You within or by the Services (e.g., a social media post from a third party blog or
forum, a third party Web page accessed via a hyperlink, marketing data from third party data providers, etc.).
Oracle will not indemnify You for infringement caused by Your actions against any third party if the Services as
delivered to You and used in accordance with the terms of this Agreement would not otherwise infringe any third
party intellectual property rights. Oracle will not indemnify You for any intellectual property infringement claim(s)
known to You at the time Services rights are obtained.
14.4 This Section 14 provides the parties' exclusive remedy for any infringement claims or damages.
15. THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
15.1 The Services may enable You to link to, transmit Your Content to, or otherwise access, other Web sites,
platforms, content, products, services, and information of third parties. Oracle does not control and is not
responsible for such Web sites or platforms or any such content, products, services and information accessible
from or provided through the Services, and You bear all risks associated with access to and use of such Web
sites and third party content, products, services and information.
15.2 Any Third Party Content made accessible by Oracle is provided on an "as -is" and "as available" basis
without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or
otherwise objectionable or unlawful, and You acknowledge that Oracle is not responsible for and under no
obligation to control, monitor or correct Third Party Content; however, Oracle reserves the right to take remedial
action if any such content violates applicable restrictions under Section 6.2 of this Agreement, including the
removal of, or disablement of access to, such content. Oracle disclaims all liabilities arising from or related to
Third Party Content.
15.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at
any time during the Services Period, and (ii) features of the Services that interoperate with third parties such as
Facebooklm, YouTubeT"^ and Twitter TM, etc. (each, a "Third Party Service "), depend on the continuing availability
of such third parties' respective application programming interfaces (APIs) for use with the Services. Oracle may
update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such
Third Party Content, Third Party Services or APIs. If any third party ceases to make its Third Party Content or
APIs available on reasonable terms for the Services, as determined by Oracle in its sole discretion, Oracle may
cease providing access to the affected Third Party Content or Third Party Services without any liability to You.
Any changes to Third Party Content, Third Party Services or APIs, including their availability or unavailability,
during the Services Period does not affect Your obligations under this Agreement or the applicable order, and
You will not be entitled to any refund, credit or other compensation due to any such changes.
15.4 Any Third Party Content that You store in Your Services Environment will count towards any storage or
other allotments applicable to the Cloud Services that You ordered.
16. SERVICES TOOLS AND ANCILLARY SOFTWARE
16.1 Oracle may use tools, scripts, software, and utilities (collectively, the "Tools ") to monitor and administer the
Services and to help resolve Your Oracle service requests. The Tools will not collect or store any of Your
Content or Your Applications residing in the Services Environment, except as necessary to provide the Services
or troubleshoot service requests or other problems in the Services. Information collected by the Tools (excluding
Your Content and Your Applications) may also be used to assist in managing Oracle's product and service
portfolio, to help Oracle address deficiencies in its product and service offerings, and for license and Services
management.
16.2 Oracle may provide You with on -line access to download certain Ancillary Software for use with the
Services. If Oracle licenses Ancillary Software to You and does not specify separate terms for such Ancillary
Software, then, subject to Your payment obligations, (i) You have the non - exclusive, non - assignable, worldwide
limited right to use such Ancillary Software solely to facilitate Your access to, operation of, and /or use of the
Services Environment, subject to the terms of this Agreement and Your order, including the Services
Specifications, (ii) Oracle will maintain such Ancillary Software as part of the Cloud Services, and (iii) Your right
to use such Ancillary Software will terminate upon the earlier of Oracle's notice (which may be through posting
on https:Hsupport.oracle.com or such other URL designated by Oracle) or the end of the Cloud Services
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 8 of 11
27
associated with the Ancillary Software. If Ancillary Software is licensed to You under separate third party license
terms, then Your use of such software is subject solely to such separate terms.
17. SERVICE ANALYSES
Oracle may (i) compile statistical and other information related to the performance, operation and use of the
Services, and (ii) use data from the Services Environment in aggregated form for security and operations
management, to create statistical analyses, and for research and development purposes (clauses i and ii are
collectively referred to as "Service Analyses "). Oracle may make Service Analyses publicly available; however,
Service Analyses will not incorporate Your Content or Confidential Information in a form that could serve to
identify You or any individual, and Service Analyses do not constitute Personal Data. Oracle retains all
intellectual property rights in Service Analyses.
18. EXPORT
18.1 Export laws and regulations of the United States and any other relevant local export laws and regulations
apply to the Services. You agree that such export laws govern Your use of the Services (including technical
data) and any Services deliverables provided under this Agreement, and You agree to comply with all such
export laws and regulations (including "deemed export" and "deemed re- export" regulations). You agree that no
data, information, software programs and /or materials resulting from Services (or direct product thereof) will be
exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws
including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile
technology.
18.2 You acknowledge that the Cloud Services are designed with capabilities for You and Your Users to access
the Services Environment without regard to geographic location and to transfer or otherwise move Your Content
and Your Applications between the Services Environment and other locations such as User workstations. You
are solely responsible for the authorization and management of User accounts, as well as export control and
geographic transfer of Your Content and Your Applications.
19. FORCE MAJEURE
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or
sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the
obligated party; government restrictions (including the denial or cancelation of any export, import or other
license); or other event outside the reasonable control of the obligated party. We both will use reasonable efforts
to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may
cancel unperformed Services and affected orders upon written notice. This Section does not excuse either
party's obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to
pay for the Services.
20. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the substantive and procedural laws of the province of Ontario and You and
Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in Toronto, Ontario in any dispute
arising out of or relating to this Agreement.
21. NOTICE
21.1 Any notice required under this Agreement shall be provided to the other party in writing. If You have a legal
dispute with Oracle or if You wish to provide a notice under the Indemnification Section of this Agreement, or if
You become subject to insolvency or other similar legal proceedings, You will promptly send written notice to:
Oracle Canada ULC, 100 Milverton Drive Mississauga, Ontario L5R 4H1, Attention: General Counsel, Legal
Department.
21.2 To request a termination of Services in accordance with this Agreement, You must submit a service
request to Oracle at the address specified in Your order or the Service Specifications.
21.3 Oracle may give notices applicable to Oracle's Cloud Services customer base by means of a general notice
on the Oracle portal for the Cloud Services, and notices specific to You by electronic mail to Your e -mail address
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 9 of 11
on record in Oracle's account information or by written communication sent by first class mail or pre -paid post to
Your address on record in Oracle's account information.
22. ASSIGNMENT
You may not assign this Agreement or give or transfer the Services (including the Oracle Programs) or an
interest in them to another individual or entity. If You grant a security interest in any portion of the Services, the
secured party has no right to use or transfer the Services or any deliverables, and if You decide to finance Your
acquisition of the Services, You will follow Oracle's policies regarding financing which are at
http://oracle.com/contracts.
23. OTHER
23.1 Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship
exists between us. We are each responsible for paying our own employees, including employment related taxes
and insurance. You understand that Oracle's business partners and other third parties, including any third
parties with which Oracle has an integration or that are retained by You to provide consulting or implementation
services or applications that interact with the Cloud Services, are independent of Oracle and are not Oracle's
agents. Oracle is not liable for, bound by, or responsible for any problems with the Services, Your Content or
Your Applications arising due to any acts of any such business partner or third party, unless the business partner
or third party is providing Services as an Oracle subcontractor on an engagement ordered under this Agreement
and, if so, then only to the same extent as Oracle would be responsible for Oracle resources under this
Agreement.
23.2 If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain
effective and such term shall be replaced with another term consistent with the purpose and intent of this
Agreement.
23.3 Except for actions for nonpayment or breach of Oracle's proprietary rights, no action, regardless of form,
arising out of or relating to this Agreement may be brought by either party more than two years after the cause of
action has accrued.
23.4 Oracle Programs and Services are not designed for or specifically intended for use in nuclear facilities or
other hazardous applications. You agree that it is Your responsibility to ensure safe use of Oracle Programs and
Services in such applications.
23.5 You shall obtain at Your sole expense any rights and consents from third parties necessary for Your
Content, Your Applications, and Third Party Content, as well as other vendor's products provided by You that
You use with the Services, including such rights and consents as necessary for Oracle to perform the Services
under this Agreement.
23.6 You agree to provide Oracle with all information, access and full good faith cooperation reasonably
necessary to enable Oracle to provide the Services and You will perform the actions identified in Your order as
Your responsibilities.
23.7 You remain solely responsible for Your regulatory compliance in connection with Your use of the Services.
You are responsible for making Oracle aware of any technical requirements that result from Your regulatory
obligations prior to entering into an order governed by this Agreement. Oracle will cooperate with Your efforts to
determine whether use of the standard Oracle Services offering is consistent with those requirements. Additional
fees may apply to any additional work performed by Oracle or changes to the Services.
23.8 Oracle may audit Your use of the Services (e.g., through use of software tools) to assess whether Your use
of the Services is in accordance with Your order and the terms of this Agreement. You agree to cooperate with
Oracle's audit and provide reasonable assistance and access to information. Any such audit shall not
unreasonably interfere with Your normal business operations. You agree to pay within 30 days of written
notification any fees applicable to Your use of the Services in excess of Your rights. If You do not pay, Oracle
can end Your Services and /or Your order. You agree that Oracle shall not be responsible for any of Your costs
incurred in cooperating with the audit.
23.9 The purchase of Cloud Services, Professional Services, or other service offerings, programs or products
are all separate offers and separate from any other order. You understand that You may purchase Cloud
Services, Professional Services, or other service offerings, programs or products independently of any other
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign) Page 10 of 11
29
order. Your obligation to pay under any order is not contingent on performance of any other service offerings or
delivery of programs or products.
24. ENTIRE AGREEMENT
24.1 You agree that this Agreement and the information which is incorporated into this Agreement by written
reference (including reference to information contained in a URL or referenced policy), together with the
applicable order, is the complete agreement for the Services ordered by You and supersedes all prior or
contemporaneous agreements or representations, written or oral, regarding such Services.
24.2 It is expressly agreed that the terms of this Agreement and any Oracle order shall supersede the terms in
any purchase order, procurement internet portal, or other similar non - Oracle document and no terms included in
any such purchase order, portal, or other non - Oracle document shall apply to the Services ordered. In the
event of any inconsistencies between the terms of an order and the Agreement, the order shall take
precedence; however, unless expressly stated otherwise in an order, the terms of the Data Processing
Agreement shall take precedence over any inconsistent terms in an order. Except as otherwise permitted in
Section 5 (Service Specifications), Section 11 (Data Protection) and Section 15 (Third Party Web Sites) with
respect to the Services, this Agreement and orders hereunder may not be modified and the rights and
restrictions may not be altered or waived except in a writing signed or accepted online through the Oracle Store
by authorized representatives of You and of Oracle. No third party beneficiary relationships are created by this
Agreement.
25. CLOUD SERVICES EFFECTIVE DATE
The Effective Date of this Cloud Services Agreement is
BY ORACLE)
Company Name: City of Saint John
Authorized
Signature:
Name:
Title:
Signature Date:
Agreement No.: CA- CSA- QT5389816
(DATE TO BE COMPLETED
Oracle Canada ULC
Authorized
Signature:
Name:
Title:
Signature Date: _
Cloud—Cloud Services Agreement (CSA)_v101014_CA_ENG (EchoSign)
30
Page 11 of 11
Letter of Inquiry
Monday, 17 February, 2014
Dear Mayor and Council:
Bullying today is on the rise, and we are all too familiar with the tragic consequences. Countless children are
bullied every day and something HAS to be done to combat this alarming trend
BullyingCanada is a national organization that provides individual, family and community -based support related to
the issue of bullying in schools and the workplace. As the Co- Executive Director and Co- Founder, I am writing to
ask for your Municipality's support in the form of a financial contribution.
Founded in 2006, BullyingCanada now helps thousands of people across Canada each yea r. Our programs include:
• National 24/7 Telephone Network: is a toll -free telephone support service that allows youth, parents,
educators and concerned members of the public to access up -to -date resources and information about
bullying; receives approximately 10,000 calls each month.
• Website: is an online portal for support, information and resources; offers tips for parents to give their
children when faced with a bullying situation as victim, bystander or bully; showcases stories and poems
written by youth and adults from across Canada; receives approximately 50,000 page views, and 100,000
unique visits every month.
• National Scholarship Program: is a national program that recognizes youth who have become community
leaders through addressing the issue of bullying in their schools; Scholarships awarded for post - secondary
studies.
• Anti - Bullying Day_ highlights school and workplace efforts to address the issue of bullying across Canada;
national news conference held in Fredericton as the Government of New Brunswick has named December
17th Anti - Bullying Day.
• Youth Voices Speaking Program: Executive Directors speak at schools and workplaces across Canada to
discuss the importance of anti - bullying; requested several times each week.
• Workshops, Presentations and Keynote Addresses: customized to help people understand their roles in
creating respectful schools and workplaces; engage participants to think about how they can make their
environment better and improve life for everyone.
In order to meet the growing demand for our services, we need the support of Municipalities to help deliver
programs directly in your community.
BullyingCanada is a registered national charitable organization with a Head Office in Fredericton, NB and second
office located in Listowel, ON. The organization operates solely on contributions received from private and
corporate donations, fundraising events and from its national volunteer network.
Co- Executive Director Rob Frenette, O.N.B.
Phone: 1 (877) - 352 -4497 FXT 903) 1 Fax: 1 (866 -780 -3597
BuilyinuCarada INC '471 Sir_yihe Strut I Nt3Oh 27003 I Fr;dQridon, N_0. I Eat' 9M1
We play a crucial role in ensuring Canadians have up -to -date information about how to deal with bullying, but
there is so much more that we want to do. Bullying plays a significant role in the lives of too many Canadians and
continues to make headlines across the country.
People who are bullied become afraid to go to school or work; they struggle with their studies and can become
depressed. Many struggle with suicidal thoughts and many choose to act on these feelings. No one deserves to
experience this pain and when the issue is left unaddressed individuals and society as a whole suffer. Your
contribution today can help us put an end to bullying tomorrow. Please donate today!
Despite the many Canadians affected by bullying, there remains a gap in the support and education services that
are available. Bullying Canada fills this gap. Our clients includes students, parents, educators, employers and
employees.
No other organization stands on the front tines of Canadian schools to facilitate communication between
parents and schools that are working to resolve a bullying situation.
While Council can make a general donation to BullyingCanada, you can also choose to support programs that you
feel are especially important, or give to the program or service that is most in need of funding. However you make
your contribution count, you will be helping those affected by bullying in your own community.
Please support Bullying Canada and help us build stronger communities.
We would be pleased to provide you with a detailed Case for Support and Financial Statements for your review.
We would be pleased, to supply you with local statistics of how our services have helped parents and youth from
your community within the last year, upon request.
If you have any questions, please contact me directly by telephone at 1- 877 -352 -4497 ext. 203 or by e-mail at
Rob.Frenette @BuilyingCanada.ca If you require a Donation Request Form please contact BullyingCanada at your
discretion.
Unless you wish to remain anonymous, we would be pleased to place the Municipality's logo on our online Donor
Honour Roll and that logo linked to your web site. If Council were to become the major sponsor of any program
your name would be linked to that program wherever appropriate.
The Municipality expect to receive your Qualified Donor Receipt within seven days of our office receiving your
donation.
Thank you for your suppord
Sincerely,
Rob M. Frenette, O.N.B.
Co- Executive Director Rob Frenette, O.N.B.
Ahom: 1 (377) -35 ?4497 FXT, 903 J Fax: 1 (8(3E) -780 -3592
BulyingCanada INC. 4T1 Sn-tyiha Stro ;t I PQ,PDX 270091 Frodlrictort, N.S, I i=32 9Ni1
Jan. 27, 2015
Dear Mayor Norton, Deputy Mayor Rinehart, Honoured Councilors and Common Clerk,
I am writing to express my opposition to the New Brunswick Museum's application for permission to perform
exploratory engineering work in Riverview Memorial Park, in preparation for the construction of a museum
storage annex that would cover approximately 30 per cent of the park's frontage on Douglas Avenue, result
in the destruction of trees that were planted more than 100 years ago as memorials to specific soldiers and
Saint John citizens, and result in the removal and relocation of the city's Boer War memorial statue.
The construction of the Museum's proposed extension would violate the terms of a legal trust - the covenant
on the deed of the park. This a matter of verifiable, legal fact, not an opinion. It would also violate a moral
trust, which is the promise that past councils made to maintain the entire park (paths, monuments, trees and
all) in perpetuity as a war memorial.
The matter awaiting council's decision does not hinge on whether the New Brunswick Museum needs more
and better storage space, or how the Museum's board of Directors would prefer to meet that need. This vote
is about whether members of council understand and respect their obligations to the people of Saint John -
past, present and future.
Before proceeding any further on this issue, I believe council needs to answer two questions: "Does council
have the legal authority to grant permission for the Museum's exploratory engineering work without violating
the deed covenant on the park lands ? "; and, "Does council have the moral authority to dismantle a park that
was established, in trust, to serve as a perpetual war memorial ?"
The legal issue: Respecting a covenant
The covenant on the park deed specifies "TO HAVE AND TO HOLD the said premises with the
appurtenances unto the said Grantee its successors and assigns upon trust to be used as and for a park
for the use of the citizens of Saint John and others visiting the said City of Saint John forever" and "TO
HAVE AND TO HOLD the said lot piece or parcel of land hereby granted, bargained and sold or meant,
mentioned or intended so to be and every part and parcel thereof with the appurtenances unto the said
Grantee its successors and assigns, to the only proper use benefit and behoof [sic] of the Grantee its
successors and assigns forever." [Emphasis mine]
Your Worship, the Mayor, can no doubt explain in plain English to members of council what this means far
better than I can. The meaning is quite straightforward: no part of the lands, or objects on the lands, of the
park can be used for any other purpose than to serve as a park, or the city is in violation of the covenant it
accepted when it took over stewardship of the park.
That being the case, I must ask: how could Common Council possibly grant permission for this exploratory
work to proceed without violating the deed covenant?
The map of areas where exploratory work is to be conducted in the park (which was provided to council by
staff in the last council kit, under "consent agenda ") shows this work clearly aligned with the architectural
footprint of the proposed museum extension. There is simply no way that council or staff can avoid the the
fact that this exploratory work will be conducted for the sole purpose of establishing what further engineering
33
work is required to support the construction of the planned building. It is, in fact, an essential part of the new
building's construction. There is no way to legally separate it from the rest of the construction process, and
any construction of a building over the park is a violation of the deed covenant.
I submit to you that council has no legal authority to grant approval for this exploratory work unless and until
a court of law removes the covenants on the property; and that if council does proceed to vote on the issue
and grant permission for the exploratory work, it will open the city to being held liable, in a legal action, for
violating the covenant. Since the deed specifies that the park's integrity must be maintained for the citizens
of Saint John, I presume the legal door has been opened for citizens of Saint John to challenge any
administrative decision that would diminish the scope of the park.
The City of Saint John may already be liable for violating the park's deed covenant, because someone
seems to have surveyed and spray- tagged Riverview Memorial Park in preparation for this exploratory
engineering work before permission to proceed has been granted by council. Does this not violate the city's
own due legal process, as well as the deed covenant?
The moral issue: Honouring a public trust
Even if councillors believe they have the legal authority to approve the Museum's engineering plan, they
must address a more complex question - one that will put Saint John in the scrutiny of national media and at
the centre of a heated national debate. Does this council have the moral authority to dismantle a park that
was established, in trust, as war memorial?
If that strikes some councillors as an irrelevant or dated question, I ask you to consider that the City of Saint
John was founded on a moral trust more than 225 years ago.
Every schoolchild in this area grows up knowing that Saint John was the first incorporated city in Canada.
That act of incorporation is commemorated by the city's Charter, and the articles of that Charter are nothing
less than the description of a public trust.
Riverview Memorial Park also was created through an act of public trust. It was intended to serve as a war
memorial for more than 700 New Brunswick veterans of the Boer War. The mature trees now gracing the
park were first planted in the memory of individual soldiers, and later also in memory of other prominent
citizens, and the park served as the primary site for Saint John's remembrance ceremonies for many years,
right through the First World War.
Many of New Brunswick's surviving Boer War veterans served in the First World War, and most lived to see
the end of the Second World War. Several were still alive in the 1970s, which means that you or I may have
passed them in the City Market or seen them standing at attention on Remembrance Day. They walked the
same streets we do, bought homes and built businesses, paid their taxes and voted in municipal elections -
and they knew the young men that those 112 -year old trees in Riverview Memorial Park were planted to
honour.
No doubt these veterans thought of their lost friends every Nov. 11 and Feb. 27, the date of the Boer War
Battle of Paardeberg that New Brunswickers won so decisively. In the familiar words of the Ode to
Remembrance: "They shall grow not old, as we that are left grow old: Age shall not weary them, nor the
years condemn. At the going down of the sun and in the morning, we will remember them."
34
Riverview Memorial Park was set aside as place where Saint Johners could remember them - a place where
the trees planted in memory of the city's fallen soldiers would grow old, as the soldiers never could; a place
where the people of this city could experience the peace and beauty and quiet and stillness that are the
antithesis of any battlefield; a place very much like Greenslade Peace Park here in Millidgeville, which uses
green space, memorial trees and memorial stones to commemorate six young men who died serving their
country in Afghanistan.
Saint Johners liked the idea of Riverview Memorial Park so much, that over time other memorial trees were
planted in there. It has become a cherished part of the city's landscape and a monument to the spirit of the
entire community.
Are the members of this council prepared to violate their sacred trust to New Brunswick's war veterans and
the people of this community, by subdividing the park and allowing a glorified warehouse to be built there?
With every fibre of my being, I hope not.
Honour the past and fight for the future
I doubt there are many people around the council horseshoe today who can say they knew Boer War
veterans. I'm told there were two in my family; I never had a chance to meet them. But there are two Boer
veterans whom we have all heard of, and I think their thoughts on the issue of remembrance are relevant, as
this council strives to make a responsible decision.
One was Sir Winston Churchill, who covered the conflict as a journalist. When the British troops he was
embedded with on an armoured train were ambushed, he took up arms to defend his countrymen, and when
they were captured he too was held as a prisoner of war, until he escaped from his prison camp and
rejoined the British forces.
Churchill understood what a remarkable thing it was that a few hundred men - most of them boys, nearly all
of them from New Brunswick and Prince Edward Island - refused to retreat from the battlefield at
Paardeberg on the night of Feb. 26 -27, 1900, and by sheer stubbornness and a courageous act of defiance
forced the surrender of nearly 5,000 more experienced soldiers. Those veterans brought back to Saint John
the proudest of souvenirs: the flag of surrender that brought an end to one of the bitterest battles in the war
and saved the lives of thousands of men.
Years later, when he had made the career change from daring reporter to elder statesman, Winston
Churchill wrote admiringly to New Brunswick's Boer War veterans, because he still remembered what they
had accomplished, what it meant, and what it said about their character.
The other Boer War veteran that everyone on this council knows of was a surgeon named John McCrae.
Years after the Boer War, on a different battlefield, he wrote a few lines of verse that have come to define
how we think of ourselves, as Canadians.
You've all heard that poem - it's called "In Flanders Fields" - and it ends with the line,
"If ye break faith with us who die
35
We shall not sleep, though poppies grow
In Flanders fields."
I'd like you to think about that line, "if ye break faith with us who die," because that's what this council will be
doing if it allows preliminary exploration or any other construction to take place in Riverview Memorial Park.
This park was created to preserve a peaceful corner of the life that more than 700 New Brunswickers fought
for. It was created to honour what is best in us as a society, including our courage and steadfastness and
refusal to accept defeat in the face of overwhelmingly bad odds. Part of that courage and steadfastness lies
in our willingness as a society to keep our promises, regardless of whether the pledge was made to those
still living or to those who came before us. Whether we serve at Paardeberg or Vimy Ridge, Monte Cassino
or Common Council, we have a moral obligation to be bold in our defence of the defenceless and not to
yield the line.
The City of Saint John took on a moral obligation when it took over Riverview Memorial Park - a moral
obligation alluded to in the deed covenant. This moral obligation still rests on the Mayor and councillors
today.
I ask you, mayor and councillors, to honour the city's commitment to maintain the integrity of Riverview
Memorial Park, regardless of what you may personally feel about New Brunswick's past or the New
Brunswick Museum's future.
The past is our common legacy, and if we go forward together in good faith, acting considerately and
courageously, there will be more than one way to achieve the future that Saint John's citizens want.
Sincerely,
Eric Marks
6 Candlewood Lane
Saint John
36
Tuesday, January 27, 2015
To the Mayor and Members of Council:
I am writing to express my opposition to the destruction of part of Riverview Memorial
Park, as part of the New Brunswick Museum's expansion plans. I would prefer that the
Museum find a more appropriate location in Saint John, including perhaps the parking lot
space at the other end of the museum building, behind which past expansions have already
taken place. I definitely support the museum's actual desire to expand, which is a great
thing.
I am seeing many misconceptions circulated in the Saint John media, so I wish to clarify
that a monument or memorial is not always a statue - in this case, the entire park itself is
the province's only memorial to the Boer War. Riverview Memorial Park is also one of the
few green spaces in the area. You cannot "improve" a park by clearing nearly half of it to
build a warehouse, and then rearranging a few pathways in the hopes that park users won't
notice how much smaller it is.
I grew up in Saint John and I support the museum's mission wholeheartedly in the
preservation of local history. It's unfortunate that the primary option being pushed so far
involves the destruction of significant park space, which was created with a mission similar
to that of the museum itself. I can imagine the national, maybe international, uproar now
with headlines like "NB Museum destroys local history in effort to preserve local history ".
Paul Saulnier
Calgary, AB
haul @paulsaulnier.com
PS - On a side note, the design of the proposed warehouse is not very easy on the eyes.
Personally, it reminds me of something else!
37
From: rajametuschat@gmail.com mailto:ra'a.wetuschat mail.com] On Behalf Of Raja Wetuschat
Sent: January-27 -15 2:42 PM
To: External - CommonClerk
Subject: Riverview Memorial Park petition
Dear Mayor and Council Members,
We are asking you to not proceed any further in plans to allow the New Brunswick Museum to
expand into our Riverview Memorial Park.
I have attached the signatures of 117 people and moreover the comments people left when there
signed the petition. This petition was activated on Jan. 22th, 2015 and was signed online (see
above for online link).
hlWs:llwww.chan e.org_/ /p saint -john- common - council -we- ask -that -you- not - proceed - any -f n -ther-
in- plans -to- allow- the - new- brunswick- museum -to- expand -into- our - riverview- memorial-park
Please take this into consideration when deciding on the future of the Riverview Memorial
Park.
Thank you.
Sincerely,
Raja Wetuschat
Recipient: Saint John Common Council
Letter: Greetings,
We ask that you not proceed any further in plans to allow the New Brunswick
Museum to expand into our Riverview Memorial Park.
39
Comments
Name Location
Date Comment
Janice Maher Saint John, Canada
2015 -01 -22 These is a grave injustice to suggest we would not respect a place of honor.
Stephen Clarke Saint John, Canada
2015 -01 -22 i believe that the museum can find an alternate site for their building-we should
never let anyone or anything take any part of this memorial park
Barry Langis Saint John New
2015 -01 -22 No body should break a covanent that has been made. Our heritage has to be
Brunswick, Canada
preserved.
Rebecca Wells St John, Canada
2015 -01 -22 A museum without the interest of preserving heritage is no museum at all.
Wanda Rogers Saint John, Canada
2015 -01 -22 1 am signing because I'm tired of the city ruining everything that seems to have
to do with the Heritage of the city
Jim Walters Saint John, New
2015 -01 -22 Keep the museum in Saint John. Use the lot. Expand upward and downward.
Brunswick, Canada
But do not use the park.
Jessica Fres Quispamsis, Canada
2015 -01 -22 1 love this park!
Rick McNamee Saint John, Canada
2015 -01 -22 this memorial should stand the test of time.
Margaret Langis Saint John N.B., Canada
2015 -01 -22 As far as I'm concerned this city tears down and poorly maintains landmarks
and historical sites!
cheryl donnelly quispamsis nb, Canada
2015 -01 -22 Im a member of the Canadian Armed Forces and a Vet .
Bruce Fox Saint John, Canada
2015 -01 -22 Respect for our Veterans
Mary Ann Ohara Saint John, Canada
2015 -01 -22 My fathers family grew up on Douglas Ave and we spent lots of time in the part
and talked about the reasons the park existed. The park can't be altered and
be the same. If this park is eliminatee what is next on the agenda? It has so
much meaning behind why it's there besides it being a PARK. I agree the
views of the NBM and hopefully they can find the area on the other side of the
parking lot.
S Hamilton Saint John, Canada
2015 -01 -22 I think it is an important part of our heritage as well as honoring the war
veterans who have served! It is also a well used park by a lot of people.
Jason Meade Swan Creek, Canada
2015 -01 -23 If we allow this once, once will never be enough!
Amanda lewis Saint John, Canada
2015 -01 -23 i am signing this petition cause I want want to save this place!!! This place has
s0000 much memories for me as I lost my mother to cancer 4 an a half years
ago!! That place was the last place we had a family picture done by the tree
with heart shaped on it before my mom passed!!!!! It's the only place that i have
that means s000 much to me!!!! Why destroy something that can be used to
make other great memories for other family's as mine had over a stupid
wharehouse ? ? ?? There is lots of other places to build it why some were that's
historic and the only thing we have good left!!!! Thanks :(
Jennifer Meade Swan Creek, Canada
2015 -01 -23 we need to preserve our history-all our history and not just that in museums but
parks, monuments, citadels, etc.
Jamie Sullivan St John, Canada
2015 -01 -23 This is a very nice park that does NOT need to lost because of the museum
expanding. Anyhow, the museum itself needs repairs before it should think
about expanding. Also, have respect for our war veterans, and keep this space
Andra Mabee New River Beach,
2015 -01 -23 1 am writing because it is a memorial to those who served in the Boer War, to
Canada
which my uncle was among them who served,Also because it has been
designated as a Heritage conservation areal would like to see this heritage
that was deeded land to be used as a memorial park and nothing else...
MN
Name Location
Date Comment
Ann Percival Quispamsis, Canada
2015 -01 -23 1 believe in keeping historical green space rather than building a warehouse
that could be built anywhere
Linda Doiron Saint John, Canada
2015 -01 -23 That park holds many memories and a war memorial..Leave it alone.
Greg Carr Saint John, Canada
2015 -01 -23 It is disrespectful not to honour our ancestors and we do not need parkland
destroyed
Judith Galbraith Grand Bay-Westfield,
2015 -01 -23 Because we need to honour and respect our veterans from all wars who
Canada
sacrificed their lives for our freedom, and to preserve in tact all memorials to
them wherever they may be located.
Mike Robichaud Saint John, Canada
2015 -01 -23 Not to expand its a heritage area
William Belzil Saint John, Canada
2015 -01 -23 We don't need to lose more green space in this city in the uptown "ish" areas
Catherine White Darling's Island, Canada
2015 -01 -23 1 lived all my school years in Saint John and a few more on Douglas Ave. near
this Park. It would be a shame to see that history gone.
William Blakeney Toronto, Canada
2015 -01 -23 No one ever imagined that this could happen - the Park has been registered as
one of Canada's Historic Places for at least 30 years, and subject to the
Douglas Avenue Historic designation. We all love the Museum, but when it
proposes to destroy one of the City's most historic parks because of its own
financial mismanagement, you have to ask why they even bother with the
"historic designation ".
Paul Saulnier Calgary, Canada
2015 -01 -23 Saint John is my hometown, and I don't want to see it destroy war memorials or
any parks for that matter. It's really that simple.
diane walker Saint John, Canada
2015 -01 -23 1 donl think the land should be touched
Darren Gautreau Quispamsis, Canada
2015 -01 -23 1 have grown up in this park, and it's use is much still needed for future
generations to enjoy!!!
Heather Craig Saint John, Canada
2015 -01 -23 No museum worth half its salt should be touching a memorial park. Period. I
can't think of a stronger reason, though there are many, many reasons, both
personal and civic, to preserve this significant park.This park speaks to the
strength of the men and women in our past. As we seek to build a stronger
future, why not draw on their example, as opposed to building a big box
storehouse on it? (Not to mention, what a blight on the tourist bus routel)
Linda McPhee St John, Canada
2015 -01 -23 We have destroyed too much of our heritage already. We must keep the park
as it is!!
Jonathan Smith Courfice, Canada
2015.01 -23 1 was born and raised in Saint John and while I may no longer have the
privilege of still living there, I have the blessing of knowing what's important.
The heritage I was raised to be proud of, and still hold dear to me, came
heavily from what I witnessed in the halls of the very museum that now seeks
to destroy an important part of our history. What's even more upsetting to me is
that such a beautiful and important building was just let lapse into such
alarming and pathetic disrepair without need. The amounts of incompetence in
this whole matter is astounding and hopefully sheds light upon the necessity to
alter those in charge of such things, because the future will have no past if we
allow such stupidity in the present.
Norah Long Toronto, Canada
2015 -01 -23 1 think the park should be preserved, it is history, it is a museum of sorts itself.
Put the storage elsewhere
Cheapest plan isn't always best plan.
Saint John is my home though I'm not there right now.
41
Name Location
Date Comment
Eric Marks Saint John, Canada
2015 -01 -23 Bulldozing any part of this beautiful, historic and well -used war memorial park
is a non starter. If this is what we must do as a city to keep the museum at
Douglas Avenue, feel free to move it to Moncton. A museum that destroys local
and provincial history rather than celebrating it is not worth keeping. The board
that came up with this idea should resign in disgrace.
Chris Osborne Saint John, Canada
2015 -01 -23 There are other options for the NBM expansion. Leave the park alone!!!
Marilyn Clark Carters Point, Canada
2015 -01 -23 One of a kind site in Canada
David Clark Carters Point, Canada
2015 -01 -23 This is a heritage site only one in Canada
Marilyn Bogle St John, Canada
2015 -01 -23 i agree that this land should stay as a memorial park. It was purchased for that
purchase and the covenants that run with it and the city by laws protect it. Let
the museum build elsewhere.
Paul McCarthy Fredericton, Canada
2015 -01 -23 When land is gifted to anyone especially "sacred" land and has covenants
attached as to its future use and even more so if this land is a memorial to our
fallen Heros these must be upheld by our "public trustees ". In my mind this land
is almost as important as a burial site and deserves the same protection as
ones final resting place. Given that the province is now close to 12 billion in
debt and the museum is publicly funded I think any and all funds that are
intended for any such use be put on hold indefinitely. Furthermore a museum is
an institution to protect our history so as to teach our children and for them to
even consider destroying a public park ESPECIALLY a memorial site to our
fallen soldiers is extremely, irresponsible and careless of the NB Museum
Boards.
Pat Newman Lower Sackville, Canada
2015 -01 -23 Respect!
Ann MacLeod Welsford, Canada
2015 -01 -23 1 am signing because it is a lovely green space and a place where we have
always honored our war dead. Please leave it , to stand the test of time in that
purpose. We need to preserve our past for the young who come after us. Ann
MacLeod
Dennis Hunt Saint John, New
2015 -01 -23 1 love the city that I live in and sacred property that was designated as a
Brunswick, Canada
memorial through a covenant should be honored. We don't need a 40 million
dollar expansion to a museum.
Rikk Arthurs Saint John, Canada
2015 -01 -23 This park was built as a memorial to the vets of the Boar War. Has the memory
of these brave men lost all significance? Are we about to set a precedent in
which financial concerns and ease of building will out weigh national
monuments and green spaces? This park could very easily be incorporated
into the museum experience. The monuments could be replaqued, and more
info on the portage route displayed.
Brittainy Clark Canada
2015 -01 -23 it would be an absolute shame to ruin such a beautiful street and park with the
monstrosity they are planning to build
Faye Arbou Saint John, Canada
2015 -01 -24 I'm signing because of a very important covenant the park was deeded to be
used only for an intended purpose, a Memorial Park . I believe we are to keep
a covenant such as this. In memory of some very important men who served
our Country for our freedom.
brenda eagles saint john, Canada
2015 -01 -24 this is a beautiful park and is a major part of douglas ave it would be sad to
destroy it and replace with an eyesore
Peter Crowley Grand Bay - Westfield,
2015 -01 -24 Preserving history doesn't always involve putting it on shelves and storing it
Canada
where nobody but employees will cherish it.
robin Oldfield Saint John, Canada
2015 -01 -24 1 am signing because I feel this is a beautiful green space in the'center of our
city, and it would be shame to destroy it just to build a storage facility
Hopefully we will get enough signatures to stop this!!!!
42
Name Location
Date Comment
Jason Vienneau Bedford, Canada
2015 -01 -24 I'm a former Saint John resident.
Cheryl Charters Rothesay, N.B., Canada
2015 -01 -24 The Riverview Memorial Park is just that -- a memorial! the city of Saint John
nor the NBM have the right to change or diminish that sight, it belongs to the
citizens. The museum collection warehouse can be built anywhere, the city is
small enough geographically to be convenient for transportation between the
two sights.
jason mckay New River Beach,
2015 -01 -24 How can you even presume to have the right to touch the memorial. Why don't
Canada
you go clear a cemetery somewhere? Same thing.
David Duncan Saint John, Canada
2015 -01 -24 1 FEELTHE PARK SHOULD NOT HAVE ANY ALTERATION
Catherine McKay New River Beach,
2015 -01 -26 This park is a memorial to those who have no voice other than our voice. If we
Canada
do not honour the memorials of the past, what do we honour?
Ammaree Hanson Saint John, Canada
2015 -01 -26 1 believe in respecting and remembering our veterans all year, not just in
November. Please chose one of the other options for expansion and leave the
Memorial Park alone.
Alan Good Rothesay, NB, Canada
2015 -01 -26 Build the warehouse elsewhere. Protect and preserve the heritage designated
memorial park.
Marc Horncastle Fredericton, Canada
2015 -01 -27 Out of respect for and the need to continue to remember and honour the
service men and women of all wars who paid the ultimate sacrifice for freedom,
and to continue to honour and respect all veterans
Wayne Kennedy Cumberland Bay,
2015 -01 -27 I'm A vet and don't think it's right. It's no better than defacing a head stone in a
Canada
grave yard_
Trish Wallace Basque Saint John, Canada
2015 -01 -27 1 am all for upgrading the existing New Brunswick Museum , leave the Park
alone, it is a Memorial Park !!1 leave it be as it was intended, build the
Museum warehouse someplace else, really!!! a warehouse on Douglas ave
? ?? warehouses should be hidden , they are ugly to look at. Have some
respect for our ancestors wishes, honour our Veterans.
43
Name
City
Province Postal Code
Country
Signed On
Raja Wetuschat
Saint John
E21-E41-5
Canada
# # # # # # ##
Janice Maher
Saint John
E21 1n2
Canada
# # # # # # ##
Marilyn Wilson
Saint John
E2H1W5
Canada
# # # # # # ##
Stephen Clarke
Saint John
E2M6N2
Canada
# # # # # # ##
Janice Connell
Saint John
e2m6z6
Canada
# # # # # # ##
brian Babineau
Upper Golden Grove
e2s3e4
Canada
# # # # # # ##
Barry Langis
Saint John
e2m -2m7
Canada
# # # # # # ##
Brian /Jeanette Keating
Saint John
e2m5g2
Canada
# # # # # # ##
Rebecca Wells
Saint Jahn
E21 1n7
Canada
# # # # # # ##
She -ra Gray
Sussex
E4E 2C9
Canada
# # # # # # ##
Bernadette Beaulieu
Saint john
E2r2c6
Canada
# # # # # # ##
Lynda Brooks
St. Stephen, NB
E31-1S5
Canada
# # # # # # ##
Wanda Rogers
Saint John
E2K1L7
Canada
# # # # # # ##
Jim Watters
Saint John
E2.1 1V5
Canada
# # # # # # ##
Jessica Fres
Quispamsis
e2e4y2
Canada
# # # # # # ##
Rick McNamee
Saint John
e2p1k2
Canada
# # # # # # ##
Shelli Lowe
Saint John
E2M 1Y8
Canada
# # # # # # ##
Andrea Cassidy
Saint John
elm 4c5
Canada
# # # # # # ##
margaret langis
Saint John
E2M 2M7
Canada
# # # # # # ##
Cheryl donnelly
Quispamsis
e2g1y1
Canada
# # # # # # ##
Mary Jane McManus
Saint John
E2M 2S1
Canada
# # # # # # ##
Tracie Comeau
Quispamsis
E2E 4V4
Canada
# # # # # # ##
Pat Carlson
Saint John
E2j 40
Canada
# # # # # # ##
donald TOBIAS
hampton N.B.
e5n 6p1
Equatorial,
# # # # # # ##
mari macdonald
saint john
e2j -3w5
Canada
# # # # # # ##
Bruce Fox
Saint John
e2k1e7
Canada
# # # # # # ##
Mary Ann O'Hara
Saint John
E2M1S4
Canada
# # # # # # ##
Crystal Campbell
Saint John
E2J 4S3
Canada
# # # # # # ##
Pat Bacon
Saint John
E2K 2x2
Canada
# # # # # # ##
Marjorie Graves
Saint John
E2K 1S6
Canada
# # # # # # ##
Jason Meade
Swan Creek
E2V2Y3
Canada
# # # # # # ##
Amanda lewis
Saint John
E2k1y3
Canada
# # # # # # ##
Jennifer Meade
Swan Creek
e2v 2y3
Canada
# # # # # # ##
Jamie Sullivan
Quispamsis
E2G 1G9
Canada
# # # # # # ##
Andra Mabee
New River Beach
E5J 1H5
Canada
# # # # # # ##
Melissa Martin
Saint John
E2.1 2112
Canada
# # # # # # ##
Jane MacPherson
Kingston
E5N 1V5
Canada
# # # # # # ##
Amanda Marshall
Saint John
E2k2w6
Canada
# # # # # # ##
Ann Percival
Quispamsis
E2E1S9
Canada
# # # # # # ##
Diane Nearing
E5N4C1
Canada
# # # # # # ##
Lori Thornton
Saint John
E2k 1e7
Canada
# # # # # # ##
Linda Doiron
Saint John
E2K 4K1
Canada
# # # # # # ##
katie Pizzey
Saint John
e2h2h9
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Greg Carr
Saint John
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Saint John
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GrandBay- Westfield
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Mike Robichaud
Saint John
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William Belzil
Saint John
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Chelsea craft
Saint John
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Kelly Stone
Quispamsis
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Cathy Justason
Saint John
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Catherine White
Darlings Island
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William Blakeney
Saint John
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Saint John
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Paul Saulnier
Calgary
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Saint John
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Emilia Sherwood
Saint John
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Barry Anthony
Saint John
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Darren Gautreau
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Heather Craig
Saint John
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Monica Parlee
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Saint John
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Toronto
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Linda McPhee
St John
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Saint John
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Courtice
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Saint John
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Chris Osborne
Saint John
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Kimberly Dykeman
Saint John
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Saint John
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Marilyn Clark
Carters Point
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David Clark
Carters Point
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Saint John
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Paul McCarthy
Fredericton
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Pat Newman
Lower Sackville
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Natasha Bacon
Saint John
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Ann MacLeod
Welsford
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Anne Charbonneau
Saint John
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Dennis Hunt
Saint John
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Judy Martin
Saint John
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Saint John
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Brady Quinn
Saint John
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Grand -Metis
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Saint John
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Ottawa
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Saint John
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Saint John
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Saint John
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Grand Bay - Westfield
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Saint John
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Eastern Passage
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Jason Vienneau
Bedford
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Kristine Last
Saint John
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Rothesay
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New River Beach
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Saint John
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Saint John
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Saint John
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Saint John
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Saint John
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Saint John
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Saint John
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Vancouver
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Moncton
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Saint John
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New River Beach
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Saint John
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Rothesay
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Fredericton
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Cumberland Bay
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Saint John
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.m
PROCLAMATION
WHEREAS: The effects of heart disease and stroke are responsible
for widespread suffering and create serious hardship
in our community; and
WHEREAS: The Heart and Stroke Foundation of New Brunswick is
taking positive action to reduce disability and death
from heart disease and stroke through:
1. A planned, priority research program to save lives
2. A public and professional heart health promotion
program to prevent disease
3. Supporting people living with heart disease and
stroke to promote recovery; and
WHEREAS: The Heart and Stroke Foundation of New Brunswick's
Annual Person -to- Person Campaign is being
conducted during the Month of February;
NOW THEREFORE: 1, Mayor Mel Norton, of Saint
John do hereby proclaim the month of February 2015 as Heart Month
in the City of Saint John and urge all citizens to cooperate in the Heart
Month Drive and all civic, social and fraternal organizations and
business establishments to give this campaign the greatest possible
support.
In witness whereof I have set my hand and affixed the official seal of
the Mayor of the City of Saint John.
47
A
Al
�T✓
The MY Of egret john
PROCLAX4TION
WHEREAS: The first week of February is recognized as White Cane
Week; and
WHEREAS: White Cane Week aims to remind all Canadians that the
traditional white cane is a symbol of independence, not
dependence and that a lack of sight is not a lack of vision;
and
WHEREAS: This is the 71st year that this public awareness program
has taken place in Canada and reflects the changing
situations of people who are blind and visually impaired;
and
WHEREAS: White Cane Week is a program of the Canadian Council of
the Blind which has acted as "the voice of the blind" for
over 70 years; and
WHEREAS: Canadian Council of the Blind asks that service providers
remove barriers that limit the fullness of life for our fellow
blind and visually impaired citizens;
NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby
proclaim the week of February 1st -7th, 2015 as White Cane 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.
K
The City of Saint john
PROCLAMATION
WHEREAS: the second week in February is provincially recognized
as time to celebrate our heritage; and
WHEREAS: the third Monday in February is National Heritage Day
in Canada; and
WHEREAS: the significant heritage which we have inherited from
our ancestors plays a vital role in providing a unique
identity to our City; and
WHEREAS: 2015 marks the 50TH anniversary of the adoption of
both the Canadian and New Brunswick flags; and
WHEREAS: these two historic moments represent important
milestones in a long tradition of openness in New
Brunswick, The City of Saint John wishes to celebrate
the multitude of stories that make our identity so
unique;
NOWTHEREFORE: 1, Mayor Mel Norton, of Saint John
do hereby proclaim the Week of February 9TH - 16TH, 2015 as Heritage
Week in the City of Saint John and Monday, February 16TH, 2015 as
HERITAGE DAY in the City of Saint John and urge all citizens to
support and participate in heritage activities occurring throughout the
City.
In witness whereof I have set my hand and affixed the official seal of
the Mayor of the City of Saint John.
Cx \
Presentation to Council
February 2, 2015
Jody KIiffer, Growth and Community Development Services
50
To convert a portion of the former St. 'Vincent's High School to a
34 -unit multiple dwelling.
Existing Site Conditions
Proposed Development
Growth and Community Development Services February 2, 2015
SAINT ;011 IN
51
The surrounding neighbourhood has a variety of non - profit
entities, including the Church of St. John & St. Stephen,
Rehabitat Inc., the Outflow Ministry, the Coverdale Centre
for Women, as well as several commercial businesses and
residential land uses.
The property has an area of approximately 3,500 square
metres.
The subject site contains the former St. Vincent's High
School, which has been vacant since the early 2000s.
Proposed Urban Centre Residential (RC) zoning is
compatible with adjacent properties
Growth and Community Development Services February 2, 2015
SAINT JOHN
52 _�
rid
N,
3
34 1
r ig
Ar
Growth and Community Development Services February 2, 2015
SAINT JOHN
53
Desi nated Medium to High Densitv Residential:
The lend use designation encourages higher forms of
residential density.
The intent of the Plan is to help foster the development of
"Complete communities 19 over time, which includes
reinvestment in existing vacant buildings
Staff are of the opinion that the proposed Rezoning
Conforms to the intent of the Municipal flan
Growth and Community Development Services February 2, 2015
S UNT )OHN
54
Public Notification
Approximately 70 letters sent to landowners in vicinity of site
--- Advertisement in Telegraph Journal - Thursday January 8, 2015
Growth and Community Development Services February 2, 2015
SAINT 101IN
55
That the Planning Advisory Committee alDl3rove the followin
variances from the requirements of the Zoningyfaw that
would:
• Reduce the minimum gross floor area for two of the proposed one-
bedroom units from 35 square metres to approximately 32.5 square
metres; and
• Reduce the minimum required landscaped setback of the parking area
from the proposed eastern side lot line from 1.5 metres to approximately
1.1 metres.
Growth and Community Development Services February 2, 2015
56
That Common Council:
y Approve the proposed rezoning of the subject property, from Major
Community Facility (CFM) to Urban Centre Residential (RC), in order to
facilitate the proposed conversion of the former high school to multiple
residential use.
Growth and Community Development Services February 2, 2015
SAINT 301 IN
57
The Planninq Advisory Committee at its January 20 2015
meeting al3proved the following variances from the
requirements of the Zoning Bylaw that:
• Reduce the minimum gross floor area for two of the
proposed One - bedroom units from 35 square metres to
approximately 32.5 square metres; and
• Reduce the minimum required landscaped setback of the
parking area from the proposed eastern side lot line from
1.5 metres to approximately 1.1 metres.
Growth and Community Development Services
February 2, 2015
. 7
SAINT 301 31
That Common Council:
Approve the proposed rezoning of the subject property, from
Major Community Facility (CFM) to Urban Centre
Residential (RC), in order to facilitate the proposed
conversion of the former high school to multiple residential
use.
Growth and Community Development Services February 2, 2015
SAINT JOTIN
59
Planning
Advisory Committee
January 21, 2015
Your Worship and Councillors:
SUBJECT: Proposed Rezoning
27 Cliff Street
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
i'R'TfJ
City of Saint john
On January 5, 2015 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its January 20, 2015 meeting.
Peter MacKenzie, of Comeau MacKenzie Architecture, appeared before the
Committee representing the applicant, St. Vincents Apartments Inc., and spoke in
favour of staff recommendation.
Mr. MacKenzie explained to the Committee that the deterioration process of a
building, once abandoned, accelerates after the first few years and typically
renders the building unsalvageable after ten years. Mr. MacKenzie indicated that
St. Vincents High School has been vacant for 11 years, which creates a sense of
urgency if the building is to be repurposed for a residential use.
Mr. MacKenzie discussed the aesthetic enhancements proposed for the St.
Vincents Apartments, which include landscaping improvements, enlarged
windows and several community rooms within the building. Mr. MacKenzie
stated that the proposed repurposing of the previous St. Vincents High School
building will be a positive contribution to the surrounding Waterloo Village
neighbourhood.
The Committee asked Mr. MacKenzie if the access to the gymnasium would be
secured considering it is not a part of the current proposal. Mr. MacKenzie
responded that the gymnasium is indeed not subject to the current rezoning
application, but would be properly secured.
After considering the report and the comments made by the applicant, the
Committee approved the requested variances, and recommended approval of the
rezoning of the property.
.e
-2-
RECOMMENDATION:
That Common Council rezone a parcel of land having an area of approximately
3,522 square metres, located at 27 Cliff Street, also identified as being PID Nos.
55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID No.
55221071, from Major Community Facility (CFM) to Urban Centre Residential
(RC).
Respectfully submitted,
Eric Falkjar
Chair
X
Project No, 14 -568
61
Date:
To:
From:
SUBJECT
Applicant:
Owner:
Location:
Existing Designation:
Existing Zoning:
Proposed Zoning:
Application Type:
January 16, 2015
Planning Advisory Committee
Community Planning and Development
Growth and Community Development
St. Vincents Apartments, Inc.
Roman Catholic Bishop of Saint John
27 Cliff Street
Medium to High Density Residential
Major Community Facility (CFM)
Urban Centre Residential (RC)
Rezoning and Variances to:
a. Reduce the minimum gross floor area for a one - bedroom
dwelling in the Urban Centre Residential (RC) zone to
approximately 32.5 square metres, whereas the Zoning
Bylaw requires a minimum of 35 square metres; and,
b. Reduce the minimum required side yard setback to
approximately 1.1 metres along the proposed eastern
property line, whereas the Zoning Bylaw requires a
minimum side yard setback of 1.5 metres.
Power of Committee: The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By -law. The Committee
recommendation will be considered by Common Council at a
public hearing on Monday, February 2, 2015.
Applicant: St. Vincents Apartments, Inc. I Location: 276@iff Street Page 11
The Community Planning Act authorizes the Planning Advisory
Committee to grant reasonable variances from the
requirements of the Zoning By -law. The Committee can
impose conditions.
SUMMARY
The applicant is proposing to repurpose the previous St. Vincent's High School building
located at 27 Cliff Street, which has been vacant for several years, into a multi -unit
dwelling. The proposed residential development has a total of 34 one and two- bedroom
rental units as well as several amenity space features. St. Vincents Apartments, Inc., the
applicant, has indicated that 15 of the units, or 45 %, will be provincially designated
affordable housing units, while the remaining 19 units will be regular market rental
dwellings.
The redevelopment of the site includes the consolidation of several contiguous lots and a
boundary adjustment to the eastern property line. The proposed residential development
and boundary adjustment result in the need for two variances from the standards set out in
the City's Zoning Bylaw, described below, which are minor in nature and can be supported
by staff.
RECOMMENDATION
1. That Common Council rezone a parcel of land having an area of approximately 3,522
square metres, located at 27 Cliff Street, also identified as being PID Nos. 55086367,
55086342, 00014399, 55086334, 55086359 and a portion of PID No. 55221071, from
Major Community Facility (CFM) to Urban Centre Residential (RC).
2. That the Planning Advisory Committee approve the following variances from the
requirements of the Zoning Bylaw that would:
a. Reduce the minimum gross floor area for a one - bedroom dwelling in the Urban
Centre Residential (RC) zone to approximately 32.5 square metres, whereas the
Zoning Bylaw requires a minimum of 35 square metres; and,
b.
Reduce the minimum required side yard setback to approximately 1.1 metres
along the eastern property line, whereas the Zoning Bylaw requires a minimum
side yard setback of 1.5 metres.
DECISION HISTORY
There are no previous planning applications or decisions for the subject property relevant
to this application.
Applicant: St. Vincents Apartments, Inc. I Location: cliff Street page 12
ANALYSIS
Site and Surrounding Area
The subject site is located in the "Waterloo Village" neighbourhood of the City's urban core
area, approximately 50 metres from the St. Joseph's Hospital. The surrounding
neighbourhood has a variety of non - profit entities, including the Church of St. John & St.
Stephen, Rehabitat Inc., the Outflow Ministry, the Coverdale Centre for Women, as well as
several commercial businesses and residential land uses. The residential component of the
neighbourhood includes a mix of densities ranging from single -unit to 14 -unit dwellings.
The subject site contains the former St. Vincent's High School, which has been vacant since
the early 2000s. The proposed redevelopment of the school, if approved, will occur on a
parcel of land that incorporates the majority of six contiguous lots with a total approximate
area of 3,522 square metres. The redevelopment of the site would impact only a portion of
the eastern -most lot (PID 55221071), as generally depicted on the attached site plan.
The proposed lot has a frontage on Cliff Street of approximately 63 metres, with an average
depth of approximately 50 metres. The lot abutting the eastern property line is currently
vacant, but contained the St. Vincent's Convent until it was demolished in 2012. The lot
abutting the western property line of the subject site contains the former St. Vincent's
gymnasium, which is also owned by the Roman Catholic Bishop of Saint John, but is not
subject to the current rezoning application.
Proposal
The applicant is seeking to rezone the subject site from Major Community Facility (CFM) to
Urban Centre Residential (RC). The purpose of the proposed rezoning is to facilitate the
establishment of a 34 -unit residential dwelling within the existing building. The applicant
has indicated that the majority of the existing structure would be retained to accommodate
the proposed multi -unit development, with the exception of a portion of the building at the
rear of the site that is in poor condition and would need to be demolished. An approximate
100 square metre extension to the building would be constructed in its place. The
submitted site plan illustrates enhanced landscaping treatments throughout most of the
rear and side yard areas, which includes the placement of grass, trees and shrubs.
As stated, the development of the lot includes the consolidation of several existing lots, as
well as the adjustment of the eastern property line to include the proposed parking area
(see attached plan). The proposed property consolidation and boundary adjustment, if
approved, would create an approximate 3,500 square metre lot on the subject site for the
proposed development.
Municipal Plan
This area of the City has designated Medium to High Density Residential Intensification Area
on Schedule B of the City's Municipal Plan. This designation is generally concentrated in
three inner -city historic neighbourhoods, including the South End, Waterloo Village and the
Old North End. The land uses contemplated in these areas include "a range of housing types
Applicant: St. Vincents Apartments, Inc.I Location: 200iff Street Page 13
with an emphasis on the provision of higher density housing forms such as apartment,
condominium, and townhouse units ".
The Plan encourages higher density development in urban areas that have easy access to
daily amenities as they tend to make efficient use of land, resources, infrastructure and
public facilities. Developing in these areas helps leverage existing costs the City has already
undertaken, and positively contributes to creating more sustainable and vibrant
communities.
The Plan also promotes the inclusion of affordable housing units in the Medium to High
Density Residential land use designation. The Plan recognises that the development of
"complete communities" includes a range of residential options that respond to the needs
of all residents in the community.
Zoning
The proposed Urban Centre Residential (RC) zone is intended for a wide range of serviced
urban residential development, primarily located in the City centre where the largest range
of land uses currently exists. Indeed, the surrounding residential properties in the vicinity
of the subject are all located in the RC zone in the City's Zoning Bylaw.
The proposed 34 -unit dwelling requires two variances from the standards set out in the
City's Zoning Bylaw. The floor plans include two one - bedroom units on the ground floor
level that have an area of approximately 32.5 square metres each, whereas the minimum
area for a one - bedroom unit in the RC zone is 35 square metres. The applicant indicates
that the reduced floor areas are necessary due to the existing structural components of the
building.
In addition, the proposed development includes a parking area in the eastern portion of the
lot that has a side yard setback of approximately 1.1 metres. The City's Zoning Bylaw,
however, requires a minimum side yard setback of 1.5 metre.
Discussion
The proposed rezoning aligns with the direction established by the City's Municipal Plan.
This area of the City has good pedestrian access to shops, medical centres, employment
areas, public schools and green spaces. Increasing the residential density of the inner -city
neighbourhoods, such as Waterloo Village, capitalises on existing investments made by the
City, and helps generate greater vibrancy in the urban core. Increasing the number of
people living near the commercial centre of the City creates a natural support base for the
businesses and organisations established in this area.
The proximity to a diverse range of daily amenities reduces the dependency on personal
automobiles, and contributes to the overall reduction of the City's carbon footprint, which
supports the environmental goals established in the City's Municipal Plan. Further, Saint
John Transit has indicated that this area of the City is well serviced by public transit,
offering an affordable and sustainable option for potential future residents of the proposed
development.
Applicant: St. Vincents Apartments, Inc. I Location: 2(?Sliff Street Page 14
The proposed development includes three separate community rooms: a fitness room on
the ground floor, a meeting room on the second floor and a media room on the third floor.
In addition to these spaces, a bicycle storage room is proposed for the entry floor level.
These features exceed the requirements of the Zoning Bylaw with regard to the provision
of "amenity spaces ", which are spaces in a proposed development used by the occupants
for "relaxation or recreation ". Complemented by an outdoor bicycle parking area and
enhanced landscaping to the site, these features collectively increase the quality of life
experience for the future residents of the proposed development.
It should be noted that the proposed redevelopment will restore an iconic building in the
Waterloo Village neighbourhood. The building was constructed in the late 19th Century, and
was used as a public school for almost 100 years. The use of the building as a multi -unit
residential dwelling will offer a new use for the historic structure, effectively avoiding the
need to demolish it for the foreseeable future.
The City's new Zoning Bylaw requires 22 off - street parking spaces for the proposed
development. The attached site plan shows a total of 25 parking spaces on the site, mostly
located in the designated parking area in the eastern part of the subject site. The proposed
landscaping enhancements in the rear and side yards of the building will greatly improve
the aesthetic appeal of the lot.
It is staffs position that the redevelopment of the St. Vincent's High School represents a
positive contribution to the neighbourhood for all the reasons discussed in this report.
Therefore, the proposed rezoning to Urban Centre Residential (RC) is recommended. In
addition, both of the above -noted variances that relate to the reduction of the required side
yard setback and the reduction to the minimum size for a one - bedroom dwelling in the RC
zone are minor in nature and are supported by staff.
Conclusion
The applicant is proposing to redevelop the previous St. Vincent's High School building into
a multi -unit residential building that includes 34 one and two bedroom dwellings. The
reuse of the property includes the creation of a single lot, which requires the amalgamation
of several existing lots as well as a boundary adjustment to the eastern property line.
Two of the proposed 34 units are slightly less than the required minimum gross floor area
for a one bedroom dwelling in the RC zone. Further, the proposed boundary adjustment
results in a side yard setback for the parking area of approximately 1.1 metres, whereas the
Zoning Bylaw requires a minimum of 1.5 metres. Both of these variances, as well as the
proposed rezoning, are supported by staff due to the positive contributions the proposed
development will have on the surrounding community.
Applicant: St. Vincents Apartments, Inc.I Location: Wliff Street page 15
ALTERNATIVES AND OTHER CONSIDERATIONS
No other alternatives were assessed or recommended by Growth and Community
Development.
ENGAGEMENT
Public - In accordance with the Committee's Rules of Procedure, notification of the
proposal was sent to landowners within 100 metres of the subject site on January 2, 2015.
SIGNATURES AND CONTACT
Prepared by:
i CIP, RPP � -- - --
Planner
Contact: Jody Kliffer
Tel: (506)632 -6846
Fax: (506)658 -2837
E -mail: jody.kliffer @saintjohn.ca
Project: 14 -447
Approved by:
Stacey,Fot, MC1P, RPP
Deputy Commissioner, Community
Planning and Enrichment
Applicant: St. Vincents Apartments, Inc. I Location: 2Wiff Street page 16
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Submission 1: Site Plan
Submission 2: Floor Plans
Submission 3: Rendering
Submission 4: Elevation Drawings
Applicant: St. Vincents Apartments, Inc. I Location: Wiff Street Page 17
Map 1 - Site Location
27 Cliff Street
Date: December 29, 2014
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SAINT
SAINT JOHN, NEW BRUNSWICK
DECEMBER 10, 2014
i
BN1
Advertiser Name: Saint John Common Clerk
Advertiser Code: S71206
Size: 4.00 x 11.00 in.
Sales Rep: Doug Thomson
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 27 CLIFF STREET
Public Notice is hereby given
that the Common Council of
The City of Saint John intends to
consider amending The Zoning
By -law of The City of Saint John
at its regular meeting to be
held in the Council Chamber on
Monday, February 2, 2013 at
6:30 p.m., by:
Rezoning a parcel of land having
an area of approximately 3522
square metres, located at 27
Cliff Street, also identified as
PID Nos. 55086367, 55086342,
00014399, 55086334,
55086359 and a portion of PID
No. 55221071, from Major
Community Facility (CFM)
to Urban Centre Residential
(RC).
REASON FOR CHANGE:
To permit a multiple dwelling
within the existing building
(former St. Vincent's High
School).
The proposed amendment may
be inspected by any interested
person at the office of the
Common Clerk, or in the office
of Growth and Community
Development Services, City Hall,
15 Market Square, Saint John,
N.B, between the hours of 8:30
a.m. and 4:30 p.m,, Monday
through Friday, inclusive,
holidays excepted.
Written objections to the
amendment may be sent to the
undersigned at City Hall.
If you require French services for
a Common Council meeting,
please contact the office of the
Common Clerk.
Jonathan Taylor,
Common Clerk
658 -2962
PROJET DE MODIFICATION DE
VARRETE DE ZONAGE
OBJET: 27, RUE CLIFF
Par les pr6sentes, un avis public
est donn6 par lequel le conseil
communal de The City of Saint
John indique son intention
d'6tudier la modification
suivante a I'Arret6 de zonage de
The City of Saint John, Tors de la
reunion ordinaire qui se tiendra
clans la salle du conseil le lundi
2 f6vrier 2015 a 18 h 30:
Rezonage dune parcelle
de terrain d'une superficie
d'environ 3 522 metres carr6s,
situ6e au 27, rue Cliff, et
portant les NID 55086367,
55086342, 00014399,
55086334, 55086359, et
6tant aussi une partie du
NID 55221071, de zone
de grandes installations
communautalres (CFM)
a zone r6sidentielle du
centre -ville (RC).
RAISON DE LA
MODIFICATION:
Permettre une habitation
multifamiliale clans le batiment
existant (I'ancienne 6cole
secondaire St- Vincent).
Toute personne int6ress6e
peut examiner le projet de
modification au bureau du
greffier communal ou au bureau
du service de la croissance et du
d6veloppement communautaire
a I'h6tel de ville situ6 au 15,
Market Square, a Saint John, au
Nouveau - Brunswick., entre 8
h 30 et 16 h 30 du lundi au
vendredi, sauf les jours f6ri6s.
Veuillez faire part de vos
objections au projet de
modification par 6crit a
I'attention du soussign6 a I'h6tel
de ville.
51 vous avez besoin des services
en fran�ais pour une r6union
de Conseil Communal, veuillez
contacter le bureau du greffier
communal.
Jonathan Taylor,
Greffier communal
658 -2862
Ad Number: A201320
Ad ID: 7012557 Ad Legacy: 7520367
Current Date: Dec 30 2014 03:54PM
Start Date: 1/8/2015
End Date: 1/8/2015
Color: BM/
Client Approval OK ❑
.e
Corrections ❑
Laval d'sponible en frw_rals)
Type off Application
Municipal Plan Amendment
Zoning By -law Amendment
❑ Amendment to Section 39 Conditions
❑ Zoning Confirmation Latter
Qrktacl, lnformetion
pf�j e4lq-- SLR
❑ Similar/ Compatible Use
❑ Temporary use
❑ Change ( Re-establishment of
Non- Cceomxing Use
?4crne of Applirant I `f Wc_.3,1+i lS 71*-AC
'vfailing t,�duress of Applimht (wltl: Postal C'.o&,) Gf0 .C. r I DGerz�_ d f Sr4i4T JOH
I S AJAMC) D¢NE wT , PEP S Z L- 3 LS
Rome Telephone Number
Fax Nun =b.,x
Work Telephone Number_, 6SC - S lIG
E-mail i ear I n a S . b1 wiai ico . G
Name of property Lwner (ifdff=nt fry ^gin applicant)
Subdivision
❑
Variance
❑
Conditional Use
Q
Letter for Liquor Licensing
pf�j e4lq-- SLR
❑ Similar/ Compatible Use
❑ Temporary use
❑ Change ( Re-establishment of
Non- Cceomxing Use
?4crne of Applirant I `f Wc_.3,1+i lS 71*-AC
'vfailing t,�duress of Applimht (wltl: Postal C'.o&,) Gf0 .C. r I DGerz�_ d f Sr4i4T JOH
I S AJAMC) D¢NE wT , PEP S Z L- 3 LS
Rome Telephone Number
Fax Nun =b.,x
Work Telephone Number_, 6SC - S lIG
E-mail i ear I n a S . b1 wiai ico . G
Name of property Lwner (ifdff=nt fry ^gin applicant)
FO1"I4*4
CA-M %iG
HCP Ct--_
e►Fu -iii
Ma>7ing Address (with Postal Code)
l SW(A.P.D
5Am T
Jc VAl 4_�. fa I�ZL I LS
5Sa e6 3G7
Propert*, .nk'orrnntlon 5 06 S+z
Location i�4F3, nou tk- 3�
Existing- Use of Property . �� - {-ESC ll 'Std- Pr000sed Uru of Property Z. 21 0? l
Fffisting plan Designation of proper y MLP/µ1445 bp64Sa ( Proposed Plan Designation of Property Mfi>�W L4"S4`r'f
i xisting Zoning of Property T., L . _
of Applicaiel"m
Proposed Ztminq of Properhf
Desenbe what you propose to do (attach additional pages if necessary).
P.. G.
NOTE: if the applic aot is NOT the owner, the Owner's signature or authmization (in writing) to submit this appheadon is
requhv&
SigmtM of Owner
Date i to 1 Z1 1 die 12- -AV I
For Office Use Only
R�vie,v -d b,: Date - - - -- - - --
Deveiorme_zt Offloor i
t
rafrmation Accompanying Appfic fi w
0 of Intent Cl Tentative Subdivision Plan ❑ Floor Flans
❑ Plan J ❑ Bakfing Elevations ❑ Sign Drawings
P.Q. Box 1971 SOut John, N& Canada E2L4Li www.saingohn.ca C.P. 1971 Saint John. N: 9. Canada E2L4L1
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APPROVALS
1 9
St. Joseph's Hoapitol,
f
Saint John, N.B. Property
�''
`. C, 293012 "01. 9 =9 Pp" 627
lam`
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iat John Property
(r
Can 105F36
Sifters Of Claft
at. 175 N. 478
f
(f
Ramon Callmlic Bishop Of Saint John
10 55012101'
)f
i =ate 7)
" "
Parcel A
11y
'
'N 0 i / `- ��
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Y
1.300 er� 3
Power Howe
M1
14 -01
3,5 -2
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Roman Catholic BishT of
Saint John Property..'1
\'1 � .
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met
(indudlrg Pagel A')
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Co— Ordinate Values
n
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star
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() _ -_ Slmtr a 5•°wer ua�sQ Ho<aa
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Doc. 857
IN \ :J
�� _._. UDf1Y,Faramanl
111 N
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PID 0001:602 \\
St. Joseph's Hi Joseph's
'
Saint John, N.B. Property `\
Doc. 24303 2',at 9N'�g. 527 N
s.a Dr 6 W. 4` \ \ \.
NI PID 0001560-
1 9
St. Joseph's Hoapitol,
f
Saint John, N.B. Property
�''
`. C, 293012 "01. 9 =9 Pp" 627
lam`
`
`� J
iat John Property
(r
Can 105F36
Sifters Of Claft
at. 175 N. 478
to
(f
Ramon Callmlic Bishop Of Saint John
10 55012101'
)f
i =ate 7)
" "
Parcel A
11y
'
'N 0 i / `- ��
dP 117Pg. 253
Y
1.300 er� 3
Power Howe
M1
14 -01
3,5 -2
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Saint John Property..'1
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met
(indudlrg Pagel A')
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I
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7 364
ffi n
L&
PID 00014621
Roman Catholic Bish
Saint John Property
Doc. 47598 ''.. L7 pg. 186
7 360
PIC 55221171
e Pin. Nr. °' 863001
sea plan No. 321('5489
Roman Catholic Bishop of
Saint John Property
Dx 32888076 Reg. 2013 -07 -16
7 364
e Nc
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1 9
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to
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lam`
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iat John Property
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Roman Catholic Bishop Of Saint John
Can 105F36
Sifters Of Claft
at. 175 N. 478
to
.'
Ramon Callmlic Bishop Of Saint John
0w Nome : rw .t
i =ate 7)
" "
Parcel A
' -i..•y
'N 0 i / `- ��
.7/
it
1.300 er� 3
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M1
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o
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Saint John Property..'1
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PID 00014621
Roman Catholic Bish
Saint John Property
Doc. 47598 ''.. L7 pg. 186
7 360
PIC 55221171
e Pin. Nr. °' 863001
sea plan No. 321('5489
Roman Catholic Bishop of
Saint John Property
Dx 32888076 Reg. 2013 -07 -16
7 364
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4h-
-a -Mrtaa aBru 1ra,r _MM we . .
Plon stole t 11D
D.c. 44509
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lam`
not. 90050
111. 131 Pg. 218
Thc•. Smli s H: ira
Rcg. 1814 -0.1 -26
I -
Roman Catholic Bishop Of Saint John
Can 105F36
Sifters Of Claft
at. 175 N. 478
to
Reg. 1923 -0-07
Ramon Callmlic Bishop Of Saint John
0w Nome : rw .t
Q;fF
p.I.0. a 55221071
I egena
Eff. -t" Date
2014
7 35i 150 �(
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Doc. 47598 ''.. L7 pg. 186
7 360
PIC 55221171
e Pin. Nr. °' 863001
sea plan No. 321('5489
Roman Catholic Bishop of
Saint John Property
Dx 32888076 Reg. 2013 -07 -16
7 364
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-a -Mrtaa aBru 1ra,r _MM we . .
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to
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the Right Rwc,end John Sw 7
°°t° 7
Romw Cathpl) Blahop of Saint J-h.
not. 90050
111. 131 Pg. 218
Thc•. Smli s H: ira
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I -
Roman Catholic Bishop Of Saint John
Can 105F36
Sifters Of Claft
at. 175 N. 478
to
Reg. 1923 -0-07
Ramon Callmlic Bishop Of Saint John
0w Nome : rw .t
Cothofc Bishop J Saint John
p.I.0. a 55221071
Roll N•.
Eff. -t" Date
2014
Inetmment : Transfer B 32;CY76 RWg. Ca13 -07 -1E
Haman Cage Oishrp Of Sant John -
1. D':ecll.- are N. B. G,1d .011— sf�•�.'frk ed I— G.P.1 obser ations
N.
n B. Mpn1. - - -- (hosed on -•1083 (SRS W,,, Value an N.B.
Mon. 281 E"1).
2. All dalaacm ore in melr- . to caavc t to imptriol equi.oh -nlf di idc
by 0.3048.
3. Ana of survey —Intl thus ate- pa6phaml information
compile J from - _ sous s. .ree
9. All dowment and Plan relarence_ refer to the WjaAry Ohl- fer
Saint J, hn Caan:. -.
5. field es, _y campleted -
5. All computalbna pertortned and coordinated shown an this plan
e based n N.-e &unswlck Stereognphie Doobla Projee0on and
tee NAD8.3(CSRS) nllp.dd as realized by $mice New Bruns. jk
H Jh Pre ^ "iaian Network aardmota Curt" m.namante.
7_ Pafcel A' bting a portion of PID 55221071, to be cansalidated
with and form port of odi.lning bnda belonglrg to the Roman
Calh,rK Blshap of Saint John (RD "e 55088367, 55006342.
00014399, 550363'4 an4 5508633:) to form lot 14 -01.
Par. el W is w1 to be con .,,nd as o :.^ ats bullding Mt.
9. For mif —ace plan ree CIq of "dint Job. L Sheal No. 27.
Purl7ose OF Plan
to areot4 W 14 -01
Tentative Plan
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SAINT JOHN NEW BRUNSWICK DECEMBER 10, 2014
BY -LAW NUMBER C.P. 111 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 3522 square metres, located
at 27 Cliff Street, also identified as PID
numbers 55086367, 55086342, 00014399,
55086334, 55086359 and a portion of PID
number 55221071, from Major Community
Facility (CFM) to Urban Centre Residential
(RC)
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2015
and signed by:
Mayor/Maire
ARRETE No C.P. 111 -
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decr&6 cc qui suit :
L'arr&6 de zonage de The City of
Saint John, ddcret6 le quinze (15) decembre
2014, est modifid par:
1 La modification de ]'annexe A,
Carte de zonage de The City of Saint John,
permettant de modifier ]a designation pour
une parcelle de terrain d'une superficie
d'environ 3 522 metres carrels, situee au 27,
rue Cliff, et portant les NID 55086367,
55086342, 00014399, 55086344,
55086359, et etant aussi une partie du NID
55221071, de zone de grandes installations
communautaires (CFM) a zone
r6sidentielle de centre -ville (RC
- toutes les modifications sont indiqu6cs sur
le plan ci joint et font partie du pr6sent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le 2015,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading
Troisi6me lecture
97
Presentation to Common Council
February 2, 2015
Mark Reade, P.Eng., MCIP, RPP
Growth and Community Development Services
. .
4 .
Growth and Community Development Services
0
February 2, 2015
SAINT JOHN
rA
♦, �Rp � [avBensly
♦ Resideolal
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♦ sh
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AMOMM t 0
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Redesignate from Urban Reserve
to Stable Commercial (1.4 ha)
� m
o�
� m ,Urban
Ueseive
Redesignate from Stable Residentia
to Stable Commercial (1.6 ha)
SAINT JOHN 7WW
Growth and Community Development Services
y,
Urban,
eesen,
February 2, 2015
SAINT JOHN
E3 L- ,e% Y1 /1 n /'1 1 E)
�`. ♦ ♦ ar
•
R2
N
RR ,t
X,l Rezone from General commercial (cu) to k
i Corridor Comemrcial (CC)
A
Vx.
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ff
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A
A
N
A
. X/ z � ,� � Tww _
*�S SAINT J OHN
,� RR. OUT 114 Rp SAINTJOHN TWW
47 ------------ ,t4RF /
Growth and Community Development Services 101 February 2, 2015
SAINT JOHN
rA
• Two key policies
—
LU
-4
Change
in
Municipal
Plan
Designation
— LU
-70 Stable
Commercial
Criteria
• Potential for land use impacts
— Requirement for site and building plans
— Limit uses
• Developed, Serviced Site
— Interchange, arterial roadway
— Water infrastructure
• The proposal generally conforms to the goals, policies and
intent of the Municipal Plan f�_r
Growth and Community Development Services 102 February 2, 2015
SAINT JOHN
rA
0
0
0
Corridor Commercial (CC) zone accommodates vehicle-
oriented and light industrial uses
Limit land uses to minimize community impact
— Eliminate the following uses:
Animal Shelter
Distribution Facility
Fleet Service
Kennel
Landscape Material Supply
Moving Services
Redemption Centre
Warehouse Facility
Restrictions on car wash and vehicle body and paint shop
f.1
Growth and Community Development Services 103 February 2, 2015
SAINT JOHN
rA
• Public Notification - Growth and Development Services
— Advertisement in Telegraph Journal for Public Presentation for Municipal
Plan Amendment
• Tuesday October 14, 2014
— Advertisement in Telegraph Journal for Public Hearing
• Thursday January 8, 2015
• Tuesday January 27, 2015
— 19 letters sent to landowners in vicinity of site on January 6, 2015
— Comments from 6 landowners were received as of Thursday January 15,
2015
• 5 landowners were in favor (3 letters)
• 1 landowners were opposed (1 letter)
Growth and Community Development Services 104 February 2, 2015
SAINT JOHN
• Approve the application
- Amend Municipal Plan
- Rezone property
- Add dwelling unit to list of exceptions for property in Commercial Corridor (CC)
zone
• Approval subject to Section 39 conditions including:
- Limitation on uses
- Limit car wash until sanitary sewer is provided
- Require detailed site, landscaping and building elevation plans
- Require stormwater management plan and servicing assessment
601-i-
Growth and Community Development Services 105 February 2, 2015
SAINT JOHN
• PAC recommends approval of staff recommendation to:
— Amend Municipal Plan
— Rezone property
— Add dwelling unit to list of exceptions for property in Commercial Corridor (CC)
zone
— Rescind past Section 39 Resolution (September 17, 2001)
— Impose Section 39 conditions including :
• Limitation on uses
• Limit car wash until sanitary sewer is provided
• Require detailed site, landscaping and building elevation plans
• Require stormwater management plan and servicing assessment
• PAC also rescinded past conditions associated with conditional use
approvals on the site
601-i-
Growth and Community Development Services 106 February 2, 2015
SAINT JOHN
Planning
Advisory Committee
January 21, 2015
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint john
New Brunswick
Canada E2L 4L1
SUBJECT: Municipal Plan Amendment and Rezoning - 2086 Ocean
Westway
On January 5, 2015 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its January 20, 2015 meeting.
Mr. Al Williams, the applicant, appeared before the Committee and advised he
was in favour of the staff recommendation.
t:RTA.�
City of Saint John
Mr. Albert Glen Dow, of 2085 Ocean Westway, appeared before the Committee
and was not in agreement with staff recommendation, stating it would have a
major impact on the neighbourhood and quality of life of residents. Mr. Dow
noted Ocean Westway is not designated as a truck route and in his opinion is not a
corridor. He also noted the area is one of rural housing and is not an area for
additional commercial development, noting areas such as the Spruce Lake
Industrial Park and Fairville Boulevard which can accommodate future
commercial development.
Mr. Jack Cunningham, of 2077 Ocean Westway, appeared before the Committee
and expressed concern regarding the potential for increased noise, glare from
lights on the site and past construction activities on the property.
Mr. Derek Cornford, of 2101 Ocean Westway, appeared before the Committee
and indicated he had no objections to the proposal or activities on the subject site,
noting the area has a mix of commercial and residential land uses.
Al Williams reappeared before the Committee and responded to issues raised by
area residents noting that past construction work at the site involved the
placement of fill and that this has been completed and any future development
will involve building construction. He also indicated that lighting at the site was
adjusted so that it was not directed towards adjacent properties and that gates on
the site were closed to not permit access to the car sales lot past 8PM.
Staff responded to questions from the Committee relating to the range of
additional land uses that would be permitted under the Commercial Corridor (CC)
zoning, noting that through discussions with the applicant certain land uses of a
107
-2-
light - industrial nature were removed from the list of permitted uses in order to
reduce the potential for impacts on the adjacent neighbourhood. Committee
members also questioned Staff regarding the provision of active transportation
elements in new developments on the site and the role of Ocean Westway as a
linkage as outlined in the Municipal Plan policies. Staff also responded to
questions from the Committee relating to hours of operation of activities on the
site, noting that current practice has been not to impose this as a condition
attached to an approval as it can create an "unlevel playing field" among
businesses.
There were 3 letters from 5 area property owners submitted in support of the
application and one letter submitted opposed to the application.
After considering the report, letters (attached), comments made by the applicant
and the concerns expressed by area residents, the Committee adopted staff
recommendation to approve the Municipal Plan amendment and proposed
rezoning of the subject property. The Committee also recommended that the
rezoning be subject to the Section 39 conditions outlined below as per the staff
recommendation.
The Planning Advisory Committee also rescinded the conditions imposed by the
Committee on June 7, 1994, as amended on July 7, 1998, regarding the operation
of an automotive repair garage and car sales lot at 2086 Ocean Westway. The
Committee also rescinded the conditions it imposed on October 16, 2012
regarding the operation of a car sales lot at 2086 Ocean Westway.
RECOMMENDATION:
That Common Council redesignate, on Schedule A of the Municipal
Development Plan, a parcel of land with an area of approximately 1.4
hectares, located at 2086 Ocean Westway, also identified as a portion of
PID No. 00287474, from Urban Reserve to Stable Area;
2. That Common Council redesignate, on Schedule B of the Municipal
Development Plan, a parcel of land with an area of approximately 3
hectares, located at 2086 Ocean Westway, also identified as PID Nos.
55222061, 55222079 and a portion of PID No. 00287474, from Stable
Residential and Urban Reserve to Stable Commercial;
3. That Common Council amend the Zoning By -Law by:
a) rezoning a parcel of land with an area of approximately 3 hectares,
located at 2086 Ocean Westway, also identified as PID Nos.
55222061, 55222079 and a portion of PID No. 00287474, from
General Commercial (CG) to Corridor Commercial (CC); and
b) adding "Dwelling Unit" to the list of exceptions for 2086 Ocean
Westway on Schedule E of the Zoning By -law;
W.
&a
4. That, pursuant to Section 39 of the Community Planning Act, the
development and use of the parcel of land with an area of approximately 3
hectares, located at 2086 Ocean Westway, also identified as PID Nos.
55222061, 55222079 and a portion of PID No. 00287474, shall be subject
to the following conditions:
a) That the use of the property be limited to the following uses:
1. Accommodation;
22. Personal Service;
2. Auction House;
23, Pet Grooming;
3. Bakery;
24. Private Club;
4. Banquet Hall;
25. Recreational Vehicle Sales
and Service, Large;
5. Bar, Lounge, or Nightclub,
26. Recreational Vehicle Sales
subject to paragraph
and Service, Small;
11.5(3)(b);
6. Business Office, subject to
27. Recycling Bins;
paragraph 11.5(3)(c);
7. Business Support Service;
28. Restaurant;
8. Car Wash
29. Retail General;
9. Catering Service;
30. Retail Warehouse;
10. Commercial
31. Sales Centre, Model Home;
Entertainment;
11. Communication Facility;
32. Self - Storage Facility;
12. Contractor Services,
33. Service and Repair,
Household;
Household;
13. Day Care Centre;
34. Service Station, subject to
paragraph 11.5(3)(e);
14. Emergency Services
35. Technical or Vocational
Facility;
School;
15. Equipment Sales and
36. Transit Terminal;
Rental, Light;
16. Financial Service;
37. Vehicle Body and Paint Shop,
subject to paragraph
11.5(3)(1);
17. Funeral Service;
38. Vehicle Rental;
18. Grocery Store;
39. Vehicle Repair Garage,
subject to paragraph
11.5(3)(f);
19. Health and Fitness
40. Vehicle Sales and Leasing;
Facility;
20. Health Services
41. Veterinary Clinic;
Laboratory;
21. Medical Clinic;
42. The existing use described in
Schedule E: Exceptions, of each
lot respectively, identified therein
as being located in the CC zone.
109
-4-
b) That a car wash not be permitted until such time as the site is
serviced by municipal sewer;
C) All future development shall be in accordance with a detailed site
plan and building elevations, to be prepared by the proponent and
subject to the approval of the Development Officer, indicating the
location of all buildings, structures, parking areas, driveways,
loading areas, signs, exterior lighting, outdoor storage areas,
landscaped areas, other site features and relevant site
statistics including coverage;
d) The plans mentioned in (c) above must be attached to the building
permit application for the development to which it applies, but not
including any permit application for site preparation or foundation;
e) That no vehicles be parked or displayed on the landscaped area in
front of the residence;
f) The developer must provide all utilities underground, including
power and telephone from the existing overhead facilities;
g) The developer must provide a detailed storm water drainage plan
and design report indicating how storm water collection and
disposal will be handled for any additional development on the
site, subject to the approval of the Chief City Engineer or his
designate;
h) The developer must provide an engineering water and sewer
analysis for any additional development on the site, determining
the impact of the development on the existing infrastructure, and a
detailed engineering servicing plan, subject to the approval of the
Chief City Engineer or his designate;
i) Any infrastructure improvements that are required to service
additional development on the site, will be the applicant's
responsibility and cost to complete;
5. That Common Council repeal the Section 39 resolution of September 17,
2001;
Respectfully submitted,
Eric Falkjar
Chair
MR
Project No. 14 -566
110
T
Date:
To:
From:
SUBJECT
January 16, 2015
Planning Advisory Committee
Community Planning and Development
Growth and Community Development
Applicant: City of Saint John (Municipal Plan Amendment)
Alan Williams & Karen Connell (Rezoning)
Owner: Alan Williams, Karen Connell & 052500 NB Ltd.
Location: 2086 Ocean Westway
Existing Designation: Stable Residential and Urban Reserve
Proposed Designation: Stable Commercial
Existing Zoning: General Commercial (CG)
Proposed Zoning: Corridor Commercial (CC)
Application Type: Municipal Plan Amendment and Rezoning
Power of Committee: The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Municipal Development Plan and
Zoning By -law. The Committee's recommendation will be
considered by Common Council at a public hearing on Monday,
February 2, 2015.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 11
111
SUMMARY
The Municipal Plan amendment portion of this application was initiated by Common
Council as part of the Zoning By -law adoption process. At its meeting of September 29,
2014, Common Council directed that a Municipal Plan amendment be initiated to consider
the redesignation of the subject site from Urban Reserve and Stable Residential to Stable
Commercial in response to the property owner's request through the ZoneSJ Public
Hearing on September 8, 2014. In addition to the Municipal Plan amendment, the property
owners have also applied to rezone the property from General Commercial (CG) to
Corridor Commercial (CC) which would permit an intensification of the commercial uses
permitted on the site.
The proposed Municipal Plan Amendment is reasonably consistent with the intent of the
Municipal Plan as it will have limited impact on the surrounding residential neighbourhood
given the recommended land uses have been scoped to be similar to the existing uses
permitted under the General Commercial (GC) zoning. Section 39 conditions are
recommended to limit future land uses and to ensure a high quality standard for site design
for future development.
Approval of the proposed Municipal Plan Amendment and Rezoning is recommended,
subject to conditions.
RECOMMENDATION
1. That Common Council redesignate, on Schedule A of the Municipal Development
Plan, a parcel of land with an area of approximately 1.4 hectares, located at 2086
Ocean Westway, also identified as a portion of PID No. 00287474, from Urban
Reserve to Stable Area;
2. That Common Council redesignate, on Schedule B of the Municipal Development
Plan, a parcel of land with an area of approximately 3 hectares, located at 2086
Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of
PID No. 00287474, from Stable Residential and Urban Reserve to Stable
Commercial;
3. That Common'Council amend the Zoning By -Law by:
a) rezoning a parcel of land with an area of approximately 3 hectares, located at
2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a
portion of PID No. 00287474, from General Commercial (CG) to Corridor
Commercial (CC); and
b) adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway on
Schedule E of the Zoning By -law,
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 12
112
4. That, pursuant to Section 39 of the Community Planning Act, the development and
use of the parcel of land with an area of approximately 3 hectares, located at 2086
Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of
PID No. 00287474, shall be subject to the following conditions:
a) That the use of the property be limited to the following uses:
1. Accommodation;
22. Personal Service;
2. Auction House;
23. Pet Grooming;
3. Bakery;
24. Private Club;
4. Banquet Hall;
25. Recreational Vehicle Sales and
Service, Large;
5. Bar, Lounge, or Nightclub,
subject to paragraph 11.5 3 (b);
26. Recreational Vehicle Sales and
Service, Small;
6. Business Office, subject to
paragraph 11.5 3 c ;
27. Recycling Bins;
7. Business Support Service;
28. Restaurant;
8. Car Wash
29. Retail General;
9. Catering Service;
30. Retail Warehouse;
10. Commercial Entertainment;
31. Sales Centre, Model Home;
11. Communication Facility,
32. Self-Storage Facility;
12. Contractor Services,
Household;
33. Service and Repair, Household;
13. Day Care Centre;
34. Service Station, subject to
paragraph 11.5 3 e ;
14. Emergency Services Facility;
35. Technical or Vocational School;
15. Equipment Sales and Rental,
Light,
36. Transit Terminal;
16. Financial Service;
37. Vehicle Body and Paint Shop,
subject to paragraph 11.5 3 ;
17. Funeral Service;
38. Vehicle Rental;
18. Grocery Store;
39. Vehicle Repair Garage, subject to
paragraph 11.5(3)( ;
19. Health and Fitness Facility;
40. Vehicle Sales and Leasing;
20. Health Services Laboratory;
41. Veterinary Clinic;
21. Medical Clinic;
42. The existing use described in
Schedule E: Exceptions, of each lot
respectively, identified therein as being
located in the CC zone.
b) That a car wash not be permitted until such time as the site is serviced by
municipal sewer;
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 13
113
c) All future development shall be in accordance with a detailed site plan and
building elevations, to be prepared by the proponent and subject to the
approval of the Development Officer, indicating the location of all buildings,
structures, parking areas, driveways, loading areas, signs, exterior lighting,
outdoor storage areas, landscaped areas, other site features and relevant site
statistics including coverage;
d) The plans mentioned in (c) above must be attached to the building permit
application for the development to which it applies, but not including any
permit application for site preparation or foundation;
e) That no vehicles be parked or displayed on the landscaped area in front of
the residence;
f) The developer must provide all utilities underground, including power and
telephone from the existing overhead facilities;
g) The developer must provide a detailed storm water drainage plan and
design report indicating how storm water collection and disposal will be
handled for any additional development on the site, subject to the approval
of the Chief City Engineer or his designate;
h) The developer must provide an engineering water and sewer analysis for any
additional development on the site, determining the impact of the
development on the existing infrastructure, and a detailed engineering
servicing plan, subject to the approval of the Chief City Engineer or his
designate;
i) Any infrastructure improvements that are required to service additional
development on the site, will be the applicant's responsibility and cost to
complete;
5. That Common Council repeal the Section 39 resolution of September 17, 2001;
6. That the Planning Advisory Committee rescind the conditions imposed on June 7,
1994, as amended on July 7, 1998 regarding the operation of an automotive repair
garage and car sales lot at 2086 Ocean Westway;
7. That the Planning Advisory Committee rescind the conditions imposed on October
16, 2012 regarding the operation of a car sales lot at 2086 Ocean Westway.
Applicant: City of Saint John, Al Williams and Karen Connell J Location: 2086 Ocean Westway Page 14
114
DECISION HISTORY
A series of land use approvals have been granted to this site over the past two decades.
Conditions associated with these approvals are proposed to be repealed through this
process and replaced with current Section 39 conditions that are relevant for future
development. These conditions will provide clarity to the applicant going forward, and
eliminate past conditions that are no longer relevant. A complete list of conditions imposed
with past approvals is presented in Appendix A.
ANALYSIS
Site and Surrounding Area
The subject site has an area of 3.05 hectares and is located on Ocean Westway, immediately
west of the Highway 7 interchange and has been used as a repair garage, car sales lot and
dwelling since 1994. The area to be rezoned has a frontage of 215 metres along Ocean
Westway and ranges in depth between 120 metres and 160 metres. Three buildings are
located on the site, as illustrated on the attached air photo. The building at the front of the
property contains a dwelling unit and car sales office with a repair garage and storage
building located to the north of the dwelling. A City -owned water transmission main is
located in the northern portion of the site. The applicants own additional undeveloped
woodland to the north of the watermain.
The surrounding neighbourhood consists of a mixture of residential and commercial uses.
Across the street from the subject property are approximately a dozen houses on large lots.
A dwelling unit is also located immediately to the west of the property along Ocean
Westway. Further west of the site along Ocean Westway are a number of small motels,
restaurants and residential dwellings. The area is serviced with City water and individual
private on -site sewage systems.
Proposal
At its meeting of September 29, 2014, Common Council directed that a Municipal Plan
amendment be initiated to consider the redesignation of the subject site from Urban
Reserve and Stable Residential to Stable Commercial. Council initiated this process in
response to the property owners' request through the Zone SJ Public Hearing process.
The property owners have also applied to rezone the property to Corridor Commercial
(CC) to allow for any of the permitted uses in the zone, with the exception of the
following uses:
Animal Shelter Landscape Material Supply
Distribution Facility Moving Services
Fleet Service Redemption Centre
Kennel Warehouse Facility
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 15
115
The Municipal Plan amendment and proposed rezoning represent an intensification of the
permitted commercial uses on the site. However, the elimination of the above uses from the
rezoning request provides for a scoped list of permitted land uses within the Corridor
Commercial (CC) zone which are consistent with the existing land uses and as such will not
have a significant impact on the surrounding residential neighbours.
The applicant is also seeking to add a "Dwelling Unit" to the list of exceptions for 2086
Ocean Westway on Schedule E of the Zoning By -law as a dwelling is not a permitted use in
the proposed Commercial Corridor (CC) zone. Staff have proposed this as part of the
application as it will ensure the existing dwelling unit will remain a permitted use for the
future.
Municipal Plan
The Council- directed application for a Municipal Plan amendment involves redesignating
an area of approximately 3 hectares from Stable Residential (1.6 ha) and Urban Reserve
(1.4 ha) to Stable Commercial on Schedule B - Future Land Use of the Municipal Plan. On
Schedule A - City Structure, the Urban Reserve designation would be changed to Stable
Area.
Areas designated as Stable Residential are existing neighbourhoods which are generally
built -out and not anticipated to receive major change over the horizon of the plan.
Commercial development within these areas is envisioned at a limited scale, focused on the
day -to -day needs of surrounding residents and households.
Urban Reserve areas are lands that are not required to accommodate anticipated
development over the horizon of the plan. Over the longer term these areas provide a
supply of land to accommodate future development.
Stable Commercial areas are lands which contain a mix of existing neighbourhood
commercial areas that are generally built out but have the potential for greater mixed -use
development during the planning period.
In assessing the Municipal Plan Amendment there are two key policies that must be
considered:
1. Change in Municipal Plan Designation
Policy LU -4 of the Municipal Plan provides criteria to assess a requested change in the
Municipal Plan designation. In this particular instance the development must:
• be consistent with the general intent of the Municipal Plan and further advances the
City Structure;
• enhance the community and the quality of life offered to residents of the City; and
not negatively impact the use and enjoyment of adjacent lands and neighbourhoods.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 15
116
2. Conformance with principles for Stable Commercial Areas
Policy LU -70 of the Plan provides for significant new development and redevelopment in
Stable Commercial areas through a rezoning process. The proposal must meet the
following criteria relevant to the current application:
• The proposal does not detract from the City's intention to direct the majority of new
commercial development to the Primary Centres, Regional Retail Centres, Business
Centres, Commercial Corridors, Local Centres, and Mixed Use Centres;
• The proposed land use is desirable and contributes positively to the neighbourhood;
The proposal is compatible with surrounding land uses;
• The development proposal is in a location where all necessary water and
wastewater services, protective services, and appropriate transportation
infrastructure including public transit is provided;
• Site design features that address such matters as safe access, buffering and
landscaping, site grading and stormwater management are incorporated; and
• A high quality exterior building design is provided that is consistent with the Urban
Design Principles in the Municipal Plan.
The proposed Municipal Plan amendment is consistent with the general intent of the
Municipal Plan. Largely, the amendment involves a change in designation of an existing
commercial business from Stable Residential to Stable Commercial, both of which have
some potential for future development and redevelopment over the horizon of the Plan.
Impacts on the adjacent neighbourhood have been minimized through a defined set of
specific land uses compatible with the existing business and Section 39 conditions which
address site design features such as landscaping and building design which responds to the
adjacent residential context.
The subject property is located within the Primary Development Area with water
infrastructure provided along Ocean Westway. A high level of vehicle access is also
provided given the property's location adjacent to the Route 7 / Ocean Westway
interchange.
Based on the above assessment, the proposal generally conforms to the criteria outlined in
both Policy LU -4 and LU 70 of the Municipal Plan.
Zoning
The property is currently zoned General Commercial (CG) which permits a variety of
commercial uses serving the immediate surrounding neighbourhood. The landowners
have requested a rezoning to Corridor Commercial (CC) which accommodates more
intensive commercial uses including a wide range of vehicle- oriented and light industrial
uses.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 17
117
Discussion
Common Council directed a Municipal Plan amendment of the subject property and the
landowner has applied to rezone the site in conjunction with the process to amend the
Municipal Plan. This provides for a process to be followed which involves neighbourhood
notification, assessment of the proposal by staff, and a recommendation from the Planning
Advisory Committee.
During the adoption process for the new Zoning By -law, the landowners had requested
Commercial Corridor (CC) zoning for the property, citing that this zoning and the Stable
Commercial designation exists on lands further to the east along Manawagonish Road on
the opposite side of the Highway 7 interchange.
The landowners are citing the existing automobile - oriented nature of their existing
business and location on the western side of the Route 7 interchange as criteria for
amending the Municipal Plan and rezoning the site. In addition, they are looking to grow
and expand their current business and make upgrades to the existing automobile sales and
repair operation on the site. This would include additional paving and landscaping.
Commercial Corridor (CC) zoning represents an intensification of the commercial
development allowed on the property as the zone permits additional land uses beyond the
General Commercial (CG) zone which are more vehicular oriented and some of which are
light industrial in nature. This is why the Plan Amendment is required.
Prior to submitting the rezoning application, the landowners met with Staff to discuss
appropriate uses based on those permitted in the Corridor Commercial (CC) zone. Selection
of these land uses was based on their potential to result in minimal impacts on the
surrounding neighbourhood while offering additional development potential beyond that
provided by the existing General Commercial (CG) zone, and to ensure the range of light
industrial uses in the Corridor Commercial (CC) zone would not be permitted.
Specifically, the following uses have been eliminated from the list of permitted uses on the
site because these have the greatest potential to impact adjacent residential lands through
noise, larger volumes of truck traffic or outdoor storage:
Animal Shelter Landscape Material Supply
Distribution Facility Moving Services
Fleet Service Redemption Centre
Kennel Warehouse Facility
The remaining Commercial Corridor uses that would be permitted as a result of the
rezoning are either uses that are compatible with the existing operation of the site as a car
sales lot and vehicle repair garage or currently permitted in the existing General
Commercial (CG) zoning of the site.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 18
118
The proposed permitted uses do not permit the outdoor storage of material, however the
outdoor display of goods for sale is permitted for both a Large Recreational Vehicle Sales
and Service establishment and a Model Home Sales Centre. Given that a vehicle car sales lot
is operating on the site as a permitted use, the only noticeable impact of these two
additional uses would be the size of the goods being displayed and sold on the lot.
There are two land uses that are proposed to be permitted by the rezoning that were
reviewed further by staff given their potential impacts on adjacent properties and servicing
requirements:
A Vehicle Body and Paint Shop is an additional use that would be permitted as a
result of the application. However, the standards of the zone prohibit the location of
this use adjacent to a residential zone (as illustrated on Map 7). As a result, the
potential location of this use on this site is limited as it could not be located in the
western portion immediately adjacent to a residential zone. This minimizes the
impact of the use on adjacent properties. The constraints on locating this use on the
site with the current configuration of individual properties that comprise the site
were discussed with the applicants and they understand this constraint.
A Car Wash is also permitted in the Corridor Commercial zone. And is defined as
follows:
"car wash" means an establishment for the public where a vehicle is washed within a
building or within a permanent structure, but does not include a mobile car wash.
While the site is serviced by municipal water, it is not serviced by municipal sewer.
This presents an issue for disposal of used water from the facility as used water
from car washes contains grit and petroleum products such as grease and oils that
cannot be disposed of via an on -site disposal system. Given the lack of sanitary
sewer servicing for the area, Staff recommend that a car wash not be permitted on
the site.
This matter was discussed with the applicant who indicated that it is not their intent
to open an automatic or self -serve car wash, but to allow for car washing and
detailing that are associated with existing uses on the property. As defined in the
Zoning By -law, both a vehicle repair garage and vehicle sales and leasing include
exterior vehicle cleaning or cleaning /polishing of vehicles as associated uses within
the definition. Given this, any washing, cleaning or detailing of vehicles that is
associated with either the repair garage or car sales lot is a permitted use within the
respective definitions. This permits the current activities related to the washing of
vehicles occurring on the site.
Given the lack of sanitary sewer, staff recommend a Section 39 condition be
imposed limiting the use of the site as a car wash until such time as municipal sewer
is extended to service the property.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 19
119
Section 39 Conditions
The site is subject to various conditions that were imposed through past conditional use
applications and a 2001 rezoning application of a portion of the site. Given that the
rezoning application enables Section 39 conditions to be imposed, past conditions were
reviewed for their relevance. To provide for ease of administration, and clarity for the
landowner it is recommended that past conditions be rescinded and any required
conditions be imposed as part of a new Section 39 resolution applicable to the entire site.
Consistent with past approvals for the site, staff recommend a Section 39 condition be
imposed to prohibit vehicles from being parked or displayed on the landscaped area in
front of the residence. Staff also recommend that standard conditions be imposed
requiring the developer to prepare detailed site and building plans for any new
development and complete the required engineering and servicing assessments as part of
future applications for development.
ALTERNATIVES AND OTHER CONSIDERATIONS
Two alternatives are available:
1. Further Limitation of Permitted Uses - The Planning Advisory Committee
could recommend additional limitations on the scope of proposed uses for
Common Council's consideration.
2. Denial of the Application - Should the Committee recommend denial of the
application, the Committee is advised to provide a supporting planning
rationale for the denial.
E14GAGEMENT
Proponent - The applicant has indicated that he has discussed the application individually
with neighbourhood residents. Letters from neighbouring property owners in support of
the application have been forwarded from the applicant.
Public - Notification of the proposal was sent to landowners within a 100 metre radius of
the subject site on January b, 2015. Nineteen property owners received a letter from staff
outlining the proposal. Advertising for the Municipal Plan Presentation appeared in the
Telegraph journal on Tuesday October 14, 2014. The Public Hearing for the Municipal Plan
Amendment and Rezoning was advertised in the Telegraph Journal on Thursday January 8,
2015 with an additional advertisement to appear on Tuesday January 27, 2015.
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page 110
120
SIGNATURES AND CONTACT
Prepared by:
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact: Mark Reade
Tel: 674 -4238
Fax: 658 -2837
E -mail: mark.reade @saint ohn.ca
Project: 14 -566
APPENDIX
Approved by:
Stacey F� ar, MBA, MCIP, RPP
Deputy Commissioner, Community
Planning and Enrichment
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Map 6: Topography
Map 7: Location Constraints - Vehicle Body and Paint Shop
Appendix A - Conditions Associated with Past Approvals
Applicant: City of Saint John, Al Williams and Karen Connell I Location: 2086 Ocean Westway Page I
121
Map 1- Site Location
2086 Ocean Westway
Date: December 22, 2014
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Map 5 - Site Photography
2086 Ocean Westway
Date:December 16, 2014
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Photo 1: Main building on the site.
Photo 3: View of site frontage looking east towards interchange.
127
Photo 2: Site frontage immediately west of main building.
Photo 4:View of car sales lot looking west
Map 6 - Topography
2086 Ocean Westway
Date: December 23, 2014
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Map 7 -Location Constraints
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APPENDIX A
2086 Ocean Westway — Conditions Associated with Past Approvals
1994 Conditional Use
The existing vehicle sales and repair operation and dwelling unit of the owner were established through
a conditional use application to the Planning Advisory Committee in June 1994. Conditions imposed on
the 1994 conditional use approval (repair garage and car sales lot) were amended in July 1998. As a
result, the following conditions applied to the site:-
a. the driveway and parking area between Ocean Westway and the nearest building to Ocean
Westway must be paved with asphalt no later than July 7, 2000:
b. the existing lawn area directly in front of the proposed house must be maintained and not used
to park or display vehicles;
C. vehicles awaiting repair must be parked to the rear of the building containing the proposed
dwelling unit;
d. employee's vehicles, repaired cars and vehicles displayed for sale may be placed along the side
and front yard;
e. vehicles must not be parked on top of the on -site sewage disposal system; and
f. the hours of operation are restricted to 8:00 a.m. to 6:00 p.m.
2001 Rezonine
Additional lands at the site were rezoned in September 2001 to allow for the expansion of the
automobile sales and service business and proposed garden centre, which was not established. Section
39 Conditions were imposed limiting the uses of certain areas of the site as follows:
(a) That the following areas illustrated on the attached photo - reduced tentative subdivision plan be
limited to the following uses:
0) Parcel "A" only be used in conjunction with the existing automobile sales and service
business at 2086 Ocean Westway; and
(ii) The rear portion of proposed Lot 01 -01 only be used as an expansion to the proposed
garden centre to be established on the front of this new lot.
(b) That the above mentioned areas, and the rear portion of the future access, be developed and
maintained in accordance with a detailed site plan approved by the Development Officer, which
among other things would require the paving of any commercial driveway within the future
access, and that such improvements be completed within one (1) year from the commencement
of the commercial use of the subject areas;
(c) That the proposed future access not be developed for the benefit of the remaining 12 hectares
(30 acres) of land at the rear of the subject area until such time that a development proposal
has been approved by Common Council; and
(d) That any development approved for the remaining lands mentioned above in clause (c) involve
the extension of McPherson Road as another means of access.
130
2012 Conditional Use
Approval was granted by the Committee in October 2012 to locate an office trailer on the property for a
temporary basis to serve as an office for the car sales lot. The following conditions applied to the entire
area of the site to be used as a car sales lot:
(a) That the development of the site be in accordance with a detailed site plan, to be prepared by
the applicant and subject to the approval of the Development Officer, showing the location of all
buildings, structures, paved areas, landscaping and other site features.
(b) That all improvements shown on the detailed site plan are completed within one year of
approval of the building permit.
131
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To the Mayor, Deputy Mayor. and City Counselors, City of Saint John
We are writing this letter an support ofAl Williams of,Al's Ultracar Sales and Service in his
application to have the zoning changed to. CC an bis properties,
Mr. Williams. is a very goad neighbour and aiw- ay's ready and willing to sto ort conmmuttity
activities and charitablecamses, UnRe many "of the.other bbsines!� properties. on our street, his property
is always immaculate. The bindings are attractive and well i°naintained. The grounds are'mowwed and
flowers and trees platted. Thereds no litter, garbage, junked cars or car parts visible.
One of these properties was the. site of the former El B ;;lg rangy restauanut and cabins. There had
been a fire and the buildings had been left in a dangcrou$- and; dilapidated condition. Mr. Williams spent
considerable time and money' cleaning up the pinperty aM, making. it safe and.. more presentable for
those of us who live in the area.
We find it very convenient, W have a:garage nearby where we can have our vehicles serviced. 1n
our opinian,Mr. V TIi&= has an honest, well ran business.
As a small business owner, Mr. Williams provides -employment far. several - people. With such a
high unemployluent rate in the area, are feel. that the ' City.. of Saint John should be doing all it can to
help and encourage small business, such as this.
As long ti e.resiclents.c i` the area;
we know that there: have always . bcen-businesm here;
motels, restaurants, garages; etc. ax►d eve ve 41ways lived.in?harmony with our commercial.
neighbours. We. see no Problem,with continuing.this.:ix of r sidcntial and commercial properties and
only wish that.ther other busi iesses.WoWd:rr;aii tafri.*.eir prQ rties as well as fir. WiRiams does.
In closing we would hope that fi1.1aYof= at�d,Coucld the :d'g comtnissian approve
Mr. Wii]3arns rezoningrequsE.£etlxaa.P.# be;a:.gaiieigllsonrand we want to see him continue
to operate and expand his business 'in of :tiei Zbai�rlioo
Sincerely;
Glenna and Derek Comf 6rd, 2101 Ocean. Westway ( Residents: for 62 and 41 years
Colby Fair, 21113 Ocean West ay .(Resident for 90 years )
Cathy and Ken Fair, 2128 Ocean Westwiy .t- . dews fo03 and 66 years )
be rze 39dd avovdi -in s -id 133 6868- zE9 -9OS 6S : 6e 5 iaz is i r ie
To: City of Saint John
ConOrnon Couneii .
Septimber5,2014 ...
•
•
` PrRpertY Own:ealotatec# 40a'ss the sheet from Aids Ultra
Car Safes & Ser1ke:1,have C!o proE�e;i -' jl l ' ' P F,e+ ies being Zoned,CummereiaI Corridor.
'thank u.
, 44 .
rf
. J
Address
(Print)
Addrm
#0/60 30bd dvovalln 5-ja134 6868 -Z69 -909 65:60 STOZ /ST /10
To: City of Saint john
Common Couivdl
Ve /tie 3Jbd
dvovdj in s -lb 135 sass- ZS9 -90S Gs:eo ST9Z /ST /TO
Johannes & Pamela Cunningham
2077 Ocean Westway
JAN 12 2015
Re: REZONING 2086 OCEAN WESTWAY
We have lived here for 26 years and don't want to leave our beautiful property. We
question the rezoning for Mr. Williams since it has no proprosals as such, just a blank
check for anything he might want in the future. We are concerned about his disregard
for his neighbours peaceful existance and quality of life, since we have had to endure so
many years of outragous projects with a high level of noise at all hours and for long
durations. Here is a short list of these:
8 years of continuous dump trucks (sometimes at 5:30 am), followed by heavy bull
dozing
Dirt bike track with the sound carrying for miles and for hours, dust across the highway
Excavator playing around the lot with loud persistant whine, ruining a day in our own
back yard.
His property is surrounded by houses which cannot getup and leave. We are not an
industrial park and there won't be one here because of all the homes; so why torture us
with this continuous battle every few years. Surely, our tax dollars entitle us to some
protection and comfort. The Cooks who live beside him are away and would be quite
upset to learn of this rezoning, as they have to endure the noise as well.
There is a place and time for everything, lets not try to squeeze in what doesn't belong.
We can only imagine the same problems recurring again should he open a recreational
sales on the property with these things being tested Where? ; of course, where they
were before and caused so many problems. Does an equipment rental mean heavy
equipment? Again, where will they be tested out? No one wants a commercial
entertainment fit in the neighbourhood? Would we have to endure loud music and
drunk drivers at all hours? Our road was made a non - trucking one years ago and we
don't want that to change.
136
These questions need to be answered and should anything be approved; they should be
policed. Who will see to that? Past history has proved that no one polices these
problems and they fall on deaf ears.
Mr. Williams wants to make a business for himself, but this is not in the right place for
his ideas.
)6 77 LJ;Si GJ/�
2
137
UNI
advertiser Name: Saint John Common Clerk
Avertiser Code: S71206
ize: 4.00 x 15.50 in.
ales Rep: Doug Thomson
PROPOSED MUNICIPAL PLAN
PROJETS DE MODIFICATION
AMENDMENT AND ZONING
DU PLAN MUNICIPAL ET DE
BY-LAW
L'AROTt DE ZONAGE
RE; 2086 OCEAN WESTWAY
OBJET: 2086, VOTE QUEST
AMENDMENT
OCEAN
Public Notice is hereby given
Par les presentes, un avis public
that the Common Council of
est donne par lequel le consell
The City of Saint Jahn Intends to
communal de The City of Saint
consider amending the
John indique son intention de
Municipal Development Plan
modifier le plan d'amSnagement
and the City of Saint John
municipal at I'arrete de zonage
Zoning By -law at Its regular
de The City of Saint john, lors
meeting to be held in the
de la reunion ordinalre qui se
Council Chamber on Monday,
tiendra clans la s -Ile du conseil
February $ 2015 at 6:30
le lundi 2 fdvrler 2015 8
p.m.,1:1
18 h 30, en apportant les
I. Redesignating, on Schedule A
modifications sufvantes ;
of the Municipal Development
1. fodifier la designation,
Plan, a parcel of land with
6I'annexe A du plan
an area of approximately 1.4
d'amenagement municipal,
hectares, located at 2086 Ocean
dune parcelle de terrain
Westway, also Identified as a
d'une superficie d'environ 1,4
portion of PID No. 00287474,
hectares, situee au 2086, vole
from Urban Reserve to Stable
guest Ocean, et etant une partie
Arco, as illustrated below;
du NID 00287474, afin de la
2. Redesignating, on Schedule B
falre passer de rerern urbotae
6 seaeurstable, comme it est
of the Municipal Development
Plan, a parcel of land with
indique citlessous.
an area of approximately 3
2. Modifier la d€signation,
hectares, located at 2086 Ocean
61'annexe B du plan
Westway, also identified as PID
d'amdnagement municipal,
Nos. 55222061, 55222079 and
dune parcelle de terrain
a portion of PID No. 00287474,
d'une superficie d'enviren 3
from Stable ResMentlat and
hectares, situLe au 2086, vole
Urban Reserve to Stable
Guest Ocean, at portant tea
Commercial as illustrated
NID 55222061, 55222079 at
below;
€tent aussl une partle du NID
3. Rezoning the entire parcel
00287474, afin de la faire passer
de sertarr resideadeflestabls
of land described above, from
General Commerelol (CG) to
et r&erve urbotne 6 secteur
Corridor Commeretal (CC);
commerckl stable, cam me it
m indique ct- dessous;
4. Adding "Dwelling Unit" to
the list of exceptions for 2086
3. Modifier le zonage de la
Ocean y on Schedule E
totalize de la parcelle de terrain
decrite ci•de ^sus, afin de la faire
Zoning
of the Zoning Bylarz !
passer de zone cornmerclale
REASON FOR CHANGE: i
g6n6rale (CG) 6 zone
To recognize an
eommerNale de
corridor (CC).
existing commercial
development and
4. Ajouter .
an existing dwelling
pee
Logement . 6la
unit, ,nd to permit
liste des exceptions
future development:.
pour 2086, vole
of the parcel of land
for other
halo ct-- 4 y
guest Ocean 6
f I'anneae E de
commercial uses.
; } ,
r Parrett de zonage.
The proposed
n`, RAISON DE LA
amendments may
',a,�
i ,�' MODIFICATION:
be inspected by any
Interested person
Pour recannaltre
at the office of the Common
un amenagement commercial
existent et un logement
Clerk, or in the office Growth
and Community Development
existant, et de permettre
Services, City Hall, 15 Market
I'amenagement futur de la
parcelle de terrain pour d'autres
Square, Saint Jahn, N.B.
between the hours of 8,30 a.m.
utilisations commarriales.
and 4:30 p.m., Monday through
Toute personne interess6e
Friday, Inclusive, holidays
peut examiner les; projets de
excepted.
modification au bureau du
Written objections to the
greffier communal ou au bureau
du service de la croissance at du
amendments may be sent tD the
undersigned at City Hall.
devetoppement communautiare
51'h6tel de ville au 15, Market
If you require French services for
Square, Saint John, N, -B., entre
a Common Council meeting,
8 h 30 et 16 In 30 du lundi au
please contact the office of the
vendredt, sauf les jours feries.
Common Clerk.
Veuillez faire part de vos
Jonathan Taylor,
objections aux projets de
Common Clerk
modification proposes par €Grit
658.2862
6 I'attention du soussigne 6
MONA de ville.
Si vous avez besoln des services
en fransais pour une reunton
de Conseil Communal, veuillez
contacterle bureau du greffier
communal.
Jonathan Taylor,
greffier communal
658 -2862
SAINT JOHN PO. 0"14C P. 1911.
Soilt John NO (N I I UL AL I
Hu imumper: r` zu I eozj
Ad ID: 7012502 Ad Legacy: 7519913
Current Date: Dec 22 2014 05:51 PM
Start Date: 1/8/2015
End Date: 1/27/2015
Color: B/W
Client Approval OK ❑
138
Corrections ❑
Description of Application
(Attached to Rezoning Application)
Our EXISTING business is an Automobile Dealership / Automotive Service Center etc etc... We are
requesting Corridor Commercial (CC) zoning under the ZoneSJ.
We are requesting CC Corridor Commercial with the exception of the following uses, as discussed with
planning staff.
Animal Shelter
Distribution Facility
Fleet Service
Kennel
Landscape Material Supply
Moving Services
Redemption Center
Warehouse Facility
Also, that a residence be listed as a permitted use (as an exception on Schedule E)
The Corridor Commercial Zoning (CC), best fits our existing Business and are requested to be classified
as such.
Thank you,
AI Williams
Karen Connell
139
BY -LAW NUMBER C.P.106-
A LAW TO AMEND THE
MUNICIPAL PLAN BY -LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Municipal Plan By -law of The
City of Saint John enacted on the 30th day
of January, A.D. 2012 is amended by:
1 Amending Schedule A — City
Structure, by redesignating a parcel of land
with an area of approximately 1.4 hectares,
located at 2086 Ocean Westway, also
identified as being a portion of PID No.
00287474, from Urban Reserve to Stable
Area classification;
2 Amending Schedule B — Future
Land Use, by redesignating a parcel of land
with an area of approximately 3 hectares,
located at 2086 Ocean Westway, also
identified as being PID Nos. 55222061,
55222079 and a portion of PID No.
00287474, from Stable Residential and
Urban Reserve to Stable Commercial
classification
- all as shown on the plans attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2015
and signed by:
Mayor
ARRETE No C.P. 106 -
ARRETE MODIFIANT VARRETE
RELATIF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a 6dict6
ce qui suit :
L'arret6 concernant le plan
municipal de The City of Saint John
d6cr&6 le 30 janvier 2012 est modifi6 par :
1 la modification de 1'annexe A —
Structure de la municipalit6, afin de faire
passer la d6signation d'une parcelle de
terrain dune superficie d'environ 1,4
hectares, situde au 2086, avenue voie ouest
Ocean, et 6tant aussi une partie du NID
00287474, de reserve urbaine A secteur
stable ;
2 la modification de 1'annexe B --
Utilisation future des sols, afin de faire
passer la d6signation d'une parcelle de
terrain dune superficie d' environ 3
hectares, situ6e au 2086, avenue voie ouest
Ocean, et portant les NID 55222061,
55222079, et 6tant aussi une partie du NID
00287474, de secteur residentielle stable et
reserve urbaine a secteur commercial
stable;
- toutes les modifications soot indiqu6es sur
les plans ci joints et font partie du pr6sent
arret6.
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 -
Premi&e lecture
Second Reading -
Deuxi6me lecture
Third Reading -
Troisieme lecture
140
BY -LAW NUMBER C.P. 111 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 3 hectares, located at 2086
Ocean Westway, also identified as PID
numbers 55222061, 55222079 and a
portion of PID number 00287474, from
General Commercial (CG) to Corridor
Commercial (CC)
2 Amending Schedule E, Exceptions,
by adding "Dwelling Unit" to the list of
exceptions for 2086 Ocean Westway
ARRETE No C.P. 111 -
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
d6cr6te ce qui suit :
Uarret6 de zonage de The City of
Saint John, d6cr6t6 le quinze (15) decembre
2014, est modifi6 par:
1 La modification de Vannexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 3 hectares, situ6e au 2086, voie
ouest Ocean, et portant les NID 55222061,
55222079 et 6tant aussi une partie du NID
00287474, de zone commerciale g6n6rale
(CG) a zone commerciale de corridor (CC)
2 La modification de Fannexe E,
Exceptions, en ajoutant << Logement » a la
liste des exceptions pour 2086, voie ouest
Ocean
- all as shown on the plan attached hereto - toutes les modifications sont indiqu6es sur
and forming part of this by -law. le plan ci joint et font partie du present
arret6.
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
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le 2015,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading
Troisieme lecture
141
j wv,
February 2, 2015
Deputy Mayor Rinehart and
Members of Common Council
Subject: Request Update on Making Saint John a Homeport
Motion:
That the City Manager request an update from Port Saint John and Discover Saint John on the
status of the Homeport initiative including: installation of a Floating Dock and the anticipated call
date for Blount Cruise Lines.
Yours very truly,
--�,-�7
Mel K. Norton
Mayor
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1
142
lea
Y
t-
February 2, 2015
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors.
Subject: Neighbourhoods
Background:
The tax payers of Saint John have considered the value and importance of each of our
neighbourhoods, especially our vulnerable neighbourhoods. To this end, a very large amount of tax
dollars have been spent in these areas. It has also been recognized that local schools are the
backbone of each of these and other communities. To this end, I believe it is important for this
council to address and point out the importance of the schools in these neighbourhoods to the
current Provincial Government,
Motion:
1 therefore move that the City Manager state the importance of these schools to each of these
neighbourhoods to our community in a letter to our local MLA's and the Minister of Education. This
letter should also contain the amount of taxpayer's money that has been spent in each of these
areas along with the plans and hopes our City has to improve these areas.
Respectfully Submitted,
(Received via email)
Bill Farren
Councillor —Ward 1
City of Saint John
i-i�
SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I wwwsaintjohn.ca i C.P. 1971 Saint John, N.-B. Canada E2L4L1
143
III
TheacyofMkhd) A
February 2, 2015
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: 2005 Tax Concession Placed on Properties Owned by Irving Oil Limited
Motion:
I think Council should have a discussion on the issue of the 2005 Tax concession placed on
properties owned by Irving Oil Limited on the east side in connection with the Canaport LNG /Respol
operations. If Council feels this issue should be discussed in closed first as it is a land matter, then
we can move to closed.
In stating this; Information on this issue that staff are aware of, where the issue stands now and any
other information that is available should be discussed. This issue has been brought forward by the
media and I feel that we should be the leaders on this and advise the public on what and how we
feel about it. This situation commenced with a former Council but we are here now and therefore it
belongs to us.
Respectfully Submitted,
(Received via email)
Shirley McAlary
Councillor — At Large
City of Saint John
br
SAINT JOHN P.O. Box 1971 Saint john, NB Canada EX 40 1 vwwv saigohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 41_1
144
err
The City of Saint John
January 29, 2015
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Governance Workshop
Background
Early on in our mandate Council took part in a workshop led by Daryl Wilson on governance and
the role of Council vis a vis senior staff with respect to the management and operations of the
City. Over the past several months many have expressed concern over whether or not the
appointees to ABCs understand their roles as Board, Commission or Committee members. We
have also questioned our roles, responsibilities and influence as it relates to those ABCs.
As part of the implementation of my earlier motion to establish a schedule of regular contact
between Council and its appointees to ABCs and as a means of providing some clarity around
the roles and responsibilities of all parties as it relates to Council and the ABCs the following
motions are put forward.
Motions:
That the City Manager be directed to engage Daryl Wilson to deliver a governance workshop
focused on the roles and responsibilities of appointees to ABCs as well as the relationship
between Council and those individuals and entities.
That the Common Clerk be directed to schedule the above workshop extending invitations to
Council members and all City appointees to ABCs. Senior staff form the ABCs would also be
included.
Respectfully Submitted,
Dr. Shelley M. Rinehart
Deputy Mayor
(received via email)
SAINT 101;1- r.O. Box 1971 Saint john, NO C,inada E2L 145 wwwslintiohn'Ca I CY 1971 S.: Lint Jahn, NA. Canada 2L 4L1
REPORT TO COMMON COUNCIL
M &C- 2015 -007
January 12, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
BACKGROUND:
.4
City of Saint John
The Bank of Nova Scotia requires certain resolution to be passed by
Common Council to formalize the line of credit with the City. These
resolutions were last updated by Common Council at its meeting of March
17th, 2014. At this time, there is a need to provide the bank with updated
resolutions.
ANAI YSIS-
The City has a $20,900,000 line of credit with the Bank of Nova Scotia.
This amount represents $5,900,000 for general operating purposes and
$15,000,000 for bridge financing on capital expenditures. The calculation
of the line of credit for operating purposes is outlined in the Municipalities
Act and is set at a maximum of 4% of the operating budget. Based on the
City's 2015 operating budget the maximum the City could borrow for
operating purposes is $6,000,000. It is proposed to seek approval from
the bank to set the operating line of credit at $6,000,000.
With respect to the bridge financing for capital expenditures, as a result of
the magnitude of the City's capital programs, it is proposed to maintain the
current credit level of $25,000,000. It is unlikely that actual borrowings will
reach these combined levels, but there is no harm in having the credit
limits in place as a precautionary measure.
146
M & C — 2015 -007
January 12, 2015
RECOMMENDATION
-2-
It is recommended that for general operating purposes:
1. That the Commissioner of Finance is hereby authorized to borrow, on
behalf of the City of Saint John (the Corporation), from the Bank of
Nova Scotia (the Bank) from time to time by way of promissory note, a
sum or sums not exceeding at any one time six million dollars
($6,000,000) to meet current expenditures of the Corporation;
2. That any two of the Commissioner of Finance, Comptroller or Assistant
Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank from time to time a promissory note or notes
sealed with the corporate seal for the sum or sums so borrowed with
interest at such rate as the bank may from time to time determine;
3. That the Commissioner of Finance is hereby authorized and directed to
furnish to the Bank at the time of each borrowing and at such other
times as the Bank may from time to time request, a statement showing
the nature and amount of the estimated revenues of the current year
not yet collected or where the estimates for the year have not been
adopted, a statement showing the nature and amount of the estimated
revenues of the Corporation as set forth in the estimates adopted for
the next preceding year and also showing the total of any amounts
borrowed in the current year and in any preceding year that have not
been repaid, and
4. That the Commissioner of Finance is hereby authorized and directed to
apply in payment of all sums borrowed from the Bank, with interest
thereon, all of the monies hereafter collected or received on account or
realized in respect of the taxes levied for the current year and for any
preceding years and all of the monies collected or received from any
other source.
5. That for the purposes of bridge financing on Capital Expenditures, that
the City of Saint John establish a revolving term loan to bridge finance
capital expenditures to a maximum of $25,000,000 and the
Commissioner of Finance be authorized to borrow from the Bank to the
specified limit, and
147
M & C — 2015 -007
January 12, 2015
RECOMMENDATIONS (CONT'D.)
- 3 -
6. That any two of the Commissioner of Finance, Comptroller or Assistant
Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank from time to time a promissory note or notes
sealed with the corporate seal for the sum or sums so borrowed with
interest at such rate as the Bank may from time to time determine, and
7. That any two of the Commissioner of Finance, Comptroller or Assistant
Comptroller are hereby authorized to sign on behalf of the Corporation
and to furnish to the Bank an Agreement or Agreements under the seal
of the Corporation providing for payment to the Bank of all amounts
required to be paid by the Bank pursuant to each promissory note of
the Corporation guaranteed by the Bank with interest at such rate as
the Bank may from time to time determine and of a guarantee fee in
respect of each such promissory note at such rate as the Bank may
from time to time determine.
Respectfully submitted,
Gregory J. Yeomans, CGA, MBA
Commissioner of Finance and Administrative Services
J. Patrick Woods, CGA
City Manager
Um
REPORT TO COMMON COUNCIL
M & C — 2015 -018
January 26, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
411- 01=[Qd[N_1 aki_10a1Z /_1►[a] IZ[0
BACKGROUND:
.4
City of Saint John
The attached Notice of Motion has been prepared as a first step in the
permanent financing of certain Capital Projects. The purpose of the issue
is summarized on the attached schedule.
The giving of this Notice of Motion does not commit the City to any further
action. It does, however, place the City in a position to take action after
the expiry of 30 days at such time as bond market conditions and
opportunities permit.
At this stage, it is not necessary to set limits with respect to the coupon
rate or the terms for which bonds are to be issued. These will be
established at a later date and will be related to the market conditions at
that time.
Respectfully submitted,
Gregory J. Yeomans, CGA, MBA
Commissioner of Finance and Administrative Services
J. Patrick Woods, CGA
City Manager
149
M & C — 2015 -018
January 26, 2015
-2-
NOTICE OF MOTION
His Worship the Mayor gave the following Notice of Motion. "I do hereby
give Notice that I will, at a meeting of Common Council held after the
expiration of thirty days from this day, move or cause to be moved, the
following resolution:
Namely,
RESOLVED that occasion having arisen in the public interest for
the following Public Civic Works and needed Civic Improvements,
that is to say:
(Details to be read from "Purpose of the Issue ")."
THEREFORE RESOLVED that debentures be issued under provisions of
the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and
amendments thereto, to the amount of $ 11,000,000.
150
M & C — 2015 -018
January 26, 2015
- 3 -
The City of Saint John
Proposed issue of Debentures
To Be Dated On or after March 4, 2015
Purpose of Issue
GENERALFUND
Protective Services
$
300,000
Transportation Services
$
4,000,000
Economic Development
$
1,000,000
Parks and Recreation
$
2,200,000
7,500,000
WATER & SEWERAGE UTILITY
Water System $ 3,000,000
Wastewater System $ 500,000
3,500,000
TOTAL $ 11,000,000
151
January 26, 2015
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councilors:
Re: 2014 Heritage Awards
The Heritage Development Board is pleased to request the assistance of His
Worship and members of Common Council to present the 2014 Heritage Awards
in the Council Chambers on Monday February 16, 2015 at 6:OOpm.
The Board would like to celebrate the achievements of property owners and
artisans who have demonstrated excellence in heritage conservation over the past
year. We are pleased to invite you to attend a reception in the Ludlow Room on
the 8t" floor at 4:OOpm, prior to the awards presentation in the Council Chambers.
We hope you will have the opportunity to join us to personally congratulate each
of our award recipients.
Heritage Congervation is an important service for the City of Saint John, one we
deliver in partnership with the community. Importantly, development in heritage
areas supports the community's direction for a more livable and sustainable Saint
John.
On Heritage Day, Monday February 16, 2015 we are looking forward to
recognizing, with the assistance of Mayor and Council, the achievements and
dedication of these individuals who have completed exemplary heritage
conservation projects over the past year.
Sin r ,
ob o ce,
i an
Heritage Development Board
15
Royal New Brunswick Regiment
3 Carleton Street Armoury
Fredericton, NB, E3B 4Y2
1110 -1 (CO)
// December 2014
His Worship Mel K. Norton
Mayor of the City of Saint John
City Hall
PO Box 1971
Saint John, NB, E2L 4L1
Your Worship:
The following is a request on behalf of The Royal New Brunswick Regiment (Carleton and York) to exercise
the Freedom of the City of Saint John, on May 9th, 2015, at 2:00 p.m. This will give the Officers and Non -
Commissioned members of the Battalion, an opportunity to demonstrate, as was done in September 1993, the
close liaison and cooperation between this Unit and the City of Saint John. It will be an honor for The Royal
New Brunswick Regiment (Carleton & York) to receive the rights once again, to march through the streets of
the City of Saint John, bayonets fixed, drums beating and our new Colours flying.
The format for this parade is fairly simple as we would march to City Hall from the Barrack Green Armoury,
conduct an inspection of the soldiers of the Unit, and then speeches/presentations by dignitaries. Once the
ceremonies are completed, members of the Battalion accompanied by a Pipe Band will then march back to the
Armoury. It would also be my intent to have Honorary Colonel Judith Irving on the dais at City Hall to
participate in this wonderful event.
If the proposed date and time meets your approval, I would appreciate if you could advise us and name a
liaison person from your staff for the coordinating of the details. If you require any further information
regarding this matter, please contact Captain Forrest Thompson, the Unit Adjudant, at 460 -7425.
Sincerely,
V.J. Bertin
Lieutenant - Colonel
Commanding Officer
153
9
January 12, 2015
PO Box 6125, Station A
YWCA Saint John, NB E2L 4R6
(P) 506 - 608 -3112 (F) 506 - 636 -8543
SAINT JOHN
mvautour canb.com www. wcamoncton.ca
Mayor and Council
City of Saint John
15 Market Square
Saint John, NB E21L 4L1
Dear Mayor and Council;
We are offering you the opportunity to support the YWCA Saint John in celebrating women's outstanding
contributions by sponsoring the Women of Distinction Award ceremony. This annual event is taking place in
March and will honour 8 outstanding women leaders in Saint John.
YWCA Saint John is celebrating our 145th anniversary in Saint John as the founding member in Canada and are
re- establishing our organization here locally through the Women of Distinction Gala.
The advantages of sponsoring this worthwhile networking and celebration event are outlined in this sponsorship
package. In addition to sponsorship, we also welcome ticket sponsorship to help other women in the community
attend this inspiring event. The funds raised stay in Saint John to continue the YWCA work. Our mission is to
continue the legacy of supporting and empowering women — and their families — through advocacy and integrated
services that foster independence, wellness and equity for all.
Should you be interested in this opportunity, or others with regard to YWCA Saint John, please do not hesitate
to contact me direct at 506 -608 -3112 or through email at mvautour @ywcanb.com or contact Rhoda Welshman,
event coordinator at reactionevents @gmail_com or by phone at 506 - 645 -9409.
We look forward to welcoming you as an event sponsor for our 1St Annual Women of Distinction Award Ceremony
on March 26, 2015.
Sincerely,
Melanie Vautour
Director of Development, YWCA Saint John
Enclosure
154
YWCA
SA I N T J O H N
Sponsorship Opportunities
CORE BENEFITS
All levels of Women of Distinction sponsorship include sponsor recognition:
• On the event poster
• In the event program
• On the Women of Distinction page of website
• YWCA Annual Report
• Edition of e- newsletter, Femme Vocale
CHAMPION - $5,000
Core Benefits Plus:
• Representation in additional print,
electronic and social media
• Half page ad in the event program
• On stage recognition
• Corporate banner or signage at
event
• 5 complimentary event tickets
LEADER - $1,000
Core Benefits Plus:
2 complimentary event tickets
PATRON - $2,500
Core Benefits Plus:
• Quarter page ad in the event
program
• On stage recognition
• Social media recognition
• 3 complimentary event tickets
TRIBUTE - $500
Core Benefits Plus:
1 complimentary event ticket
Saint John Human Development Council Office 1 39 King Street, Brunswick Square, Level 3 Suite C1 i Saint John, NB E21- 4W3
mvautour @ywcanb. com I www.vwcamonoton.com . 506 -608 -3112
155
PO Box 6125, Station A
Saint John, NB E2L 4R6
YWCA(P) 506- 608 -3112 (F) 506- 636 -8543
S A I NT JOHN mvautour _ywcanb.com www.ywcamoncton.ca
Thank you for your support of the YWCA Saint John Women of Distinction Gala.
Please complete and return this sponsorship form to YWCA Saint John and an invoice will be issued.
Forms can be mailed, faxed, emailed or delivered in person to Brunswick Square, 3rd Floor Suite C1.
All cheques are made payable to YWCA Moncton; however, funds raised will be used locally in Saint
John. If you have any questions, please do not hesitate to contact us direct at 506 -608 -3112.
Company Name:
Contact Name:
Address:
Phone:
Email:
Please select your Sponsorship Level:
Champion --------- $5,000.00
Patron-------- - - - - -- $2,500.00
Leader-------- - - - - -- $1,000
Tribute -------------- $500.00
Other Amount - - - - -$
Yes, we will be using our sponsor included tickets to the event.
Please donate my sponsor included tickets.
Please invoice me for: extra tickets at $50.00 each.
Thank you for your generous support of YWCA Saint John.
156
15,✓
Common Clerk
Saint John City Council
City of Saint John
15 Market Square
PO Box 1971
Saint John, NB, E2L 4L1
Friday, January 23, 2015
To: Mayor and Common Council
From: Laurelle LeVert
Re: City crews working at night
Dear Mayor and Common Council:
I am writing to express my frustration and disappointment at being abruptly woken at 1:05 am early on Friday,
January 23, 2015 by a very loud explosive sound of grating metal directly outside my house_ When this sound
proceeded for some 10 minutes or so, I determined that it must be a private waste contractor engaged by nearby
apartment buildings, in contravention of City of Saint John noise bylaws. I phoned police non - emergency line to
request action, but as I looked out the window was astounded to see instead a City crew with a large plowing
machine that was scraping ice build -up off of the dry asphalt. At 1:05 in the morning.
According to City By -law M22 Respecting the Prevention of Excessive Noise in the City Of Saint John, seemingly "at
any time ", actions such as vehicle "idling ", "revving ", "yelling, shouting or hooting", are prohibited. Additionally,
"the operation of domestic outdoor power tools" and "operation of construction equipment" — between the hours
of nine o'clock in the evening and seven o'clock of the following morning is likewise banned. However,
"employees of the City ... when acting in the reasonable execution of their duties" are not subject to the
provisions of this by -law.
Herein lay my dilemma. The action, in this case the extremely loud scraping of ice build -up from dry asphalt by a
large metal plow (and salting of same, presumably in advance of an upcoming snow event) certainly falls with
within "execution of their duties ", and I appreciated the removal of ice build -up from the base of my driveway
where water tends to accumulate due to the way the pavement dips. What does not follow, however, is how
performing this work at 1 am (the noise continued in my hearing until almost 2 am) constitutes "reasonable."
I chose to purchase a house and live in Uptown Saint John upon my arrival to the City almost three years ago
because of charm of the neighbourhood, proximity to services, and sense of community. What I could not have
anticipated (in addition to the overnight garbage and recycling disruption which I have "not" felt compelled to
address despite my frustration in that regard as well) is the seemingly overt disregard for citizens displayed by
allowing such blatant contravention of City noise by -laws, by the City itself! I would implore the Mayor and
Common Council to seriously reconsider the performance of overnight work that results in noise disruption.
Regards,
/,,, D
Laurelle LeVert
215 Princess Street
Saint John, NB E2L 1L2
157
REPORT TO COMMON COUNCIL
M &C2015 -013
January 15, 2015
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
The City of saint john
SUBJECT: WATERSHED PROTECTION - FOREST MANAGEMENT PLAN
IMPLEMENTATION PHASE I
BACKGROUND
One of the three services Saint John Water provides to its customers is the Drinking Water
Service which is the provision of safe, potable water to residential, institutional, commercial and
industrial customers.
The supply of quality, safe drinking water is essential to life and good health. As such, Saint
John Water is striving to achieve higher levels of treatment, sustainable use of water resources
and further protection of the watersheds; all with the goal of attaining high quality drinking water
standards.
Watershed Management is a program within the Drinking Water Service. The goal of this
program is:
"To protect the drinking water sources from adverse influences of human beings and
nature and to maintain the environmental sustainability of those watersheds through
sound management of water, land, forests and infrastructure within each watershed. "
Watersheds are the first protective barrier in the multi- barrier approach. Sustainability and
protection of watersheds are vitally important therefore proactively enforcing watershed
protection standards, renewing infrastructure, putting in place safety features, monitoring
watershed activity, educating the public and dealing with illegal dumping all form part of the
effort to ensure safe, clean drinking water.
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January 15, 2015
Page 2
Source (Watershed) Protection
Based on the Safe Clean Drinking Water Program (SCDWP) and the likely development of
groundwater to serve the west side of Saint John, staff has determined that interim forestry
operations should be focused on the Loch Lomond Watershed as this will have the most impact
on protecting and improving water quality for all users east of the reversing falls.
The Loch Lomond Watershed is 104 km2 (10,400 ha). The surface of the lake and the City
owned land totals 53.7 km2 or 51.6% of the Loch Lomond Watershed.
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Map of Eastern Watersheds (Latimer and Loch Lomond)
M &C 2013 -254 recommended proceeding with requesting proposals from forestry contractors to
implement silvicultural operations. An update to Mayor and council dated March 12, 2014
summarized Saint John Water's preliminary discussions with a local forestry company.
Since the last update to council Saint John Water staff has requested proposals for forestry
management services from two local companies for the purposes of service comparison and
value added. Both companies submitted forest management plans related to the Loch Lomond
Watershed and Saint John Water staff has reviewed these plans and is recommending a path
forward.
159
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January 15, 2015
Page 3
ANALYSIS
After analyzing the forest management proposals from both companies, staff has determined that
the proposal from JD Irving Ltd. aligns well with SJ Water's objective of managing our
watershed. Furthermore, JD Irving Ltd. has demonstrated a world class operation and a proven
history of forestry best management practices. JD Irving's highly technical operations use
modern day well maintained equipment assures minimal impact to the watershed thus protecting
this sensitive land and water quality.
The forestry harvesting plan developed by JD Irving outlined a strategy for the entire Loch
Lomond watershed over a 25 year period and a short term plan for years 1 to 5. Year one would
involve winter operations in a portion of Block 14 as previously outlined in the UNB Forest
Management Plan for the Loch Lomond Watershed. Block 14 is located near the north shore of
Third Lake and is 235 hectares in total area.
Considering the time of year and the limited time remaining to carry out winter silivcultural
activities, the original proposed one year harvesting plan was revised. As a result, JD Irving Ltd.
has presented a revised plan that will involve only a portion of Block 14. About 30% of the
revised area will be harvested in a clearcut treatment while the remaining 70% of the revised area
will be partially harvested in either a shelterwood or single tree selection treatment.
JDI Phase 1 Harvesting Plan (Revised)
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January 15, 2015
Page 4
Clear Cut treatment involves the cut and removal of all trees greater than l 0cm diameter
measured at chest height. It's usually applied to stands of trees that are mature, roughly the same
age and of a species that like to grow that same way. Once Clear Cutting is performed SJ Water,
in conjunction with JD Irving Ltd., will reseed with red and white spruce and will request
funding from the Southern NB Wood Forestry Products Marketing Board. This reseeding would
occur the following year.
Single tree selection treatment is used for stands dominated by shade - tolerant trees like sugar
maple, yellow birch, red spruce, cedar and hemlock. This treatment will remove 20 -40% of trees
one at a time. Harvests are spaced roughly every 20 years depending on the site conditions. The
objective of this type of treatment is to develop a mixture of trees of several different age classes
from young to mature throughout the stand.
With Shelterwood treatment roughly 50 -60% of the trees are cut leaving enough large, mature,
healthy trees to provide seed and shade (shelter) for young trees to establish and grow
underneath. Once a new crop of trees is well established, a second entry is made in about 10
years to remove the large mature trees. Timing also depends on the specific site conditions.
Based on the revised year one harvesting activities and current stumpage rates, it is anticipated
that the utility will generate revenue from the operation. Any revenue from the sale of forestry
products will be returned to the Utility.
RECOMMENDATION
It is recommended that Common Council authorize staff to enter into a formal agreement with
JD Irving Ltd. for a one (1) year pilot project to evaluate their operations as per their proposal
outlined in the report and that the Mayor and Common Clerk be authorized to execute the
agreement. A copy of a typically agreement is attached to this report. After the one year
agreement Saint John Water staff will evaluate the outcomes and make recommendations.
Respectfully submitted,
ames Margaris, P. Eng.
Operations Manager, Saint John Water
Wm. Edwards, P.Eng.
Commissioner, Saint John Water
161
Kendall Mason, P.Eng., PMP
Deputy Commissioner, Saint John Water
J. Patrick Woods, CGA
City Manager
IRS
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
This wood stumpage agreement is between J.D. Irving, Limited, a New Brunswick corporation
(the "Purchaser ") and the undersigned woodlot owner City of Saint John (the "Owner ").
The parties agree as follows:
1. Purchase and sale. The Owner agrees to sell the softwood and hardwood trees (the
"Wood ") standing, growing or lying on the Owner's land described in schedule A (the "Land "), and the
Purchaser agrees to purchase the Wood; all in accordance with the terms of this agreement.
2. Price. The Purchaser agrees to pay the Owner either a lump sum amount or a scaled
price, as specified in schedule B, for the Wood.
3. Payment terms. (a) If a lump sum amount is specified in schedule B, the Purchaser is
only required to pay the lump sum amount for all of the Wood on the Land. The lump sum amount is
payable within 15 business days after the date of this agreement.
(b) If a scaled price is specified in schedule B, the Purchaser may (if specified in
schedule B) pay the Owner an interest free advance (the "Advance ") within seven days after the date of
this agreement. If an Advance is paid, the Purchaser will scale the Wood until the amount of the
Advance is reached. If no Advance is paid (or after the amount of the Advance is reached) the Purchaser
will pay the amounts owing on a weekly basis, one -week following the date Wood is delivered and
scaled at the Purchaser's mill.
(c) Payment will be made by direct deposit to the Owner's designated Canadian
bank account, or by other mutually agreed payment terms as specified in Schedule B.
4. Term. (a) This agreement commences on the date of this agreement and, subject to
4(b), terminates on the completion date specified in schedule B.
(b) The Purchaser will use reasonable efforts to harvest all Wood from the Land by
the completion date set out in schedule B. If all Wood is not harvested by the completion date, the
Owner may terminate this agreement by providing 60 days written notice of termination to the
Purchaser, or if no termination notice is provided this agreement will automatically renew on the
completion date for successive 60 -day periods until all Wood is harvested.
(c) If a termination notice is provided under 4(b), and the Purchaser has not
harvested Wood in an amount that is equal to or greater than the value of the Advance by the effective
date of termination, the Owner will be responsible to repay the Purchaser the amount of any such
overpayment within seven days after the effective date of termination.
162
IRVING
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
5. Purchaser's representations. Except as may be otherwise set out in a schedule to this
agreement, the Purchaser will use reasonable efforts to:
(1) leave boundary line trees standing; (internal boundary line trees may be harvested)
(2) leave any constructed roads in a passable condition;
(3) harvest the Wood in a good and workmanlike fashion and in accordance with the Purchaser's
established forestry practices; and
(4) comply with any special conditions agreed to between the parties and set out in schedule C.
Owner's representations. The Owner represents and agrees as follows:
(1) to provide the Purchaser, its agents and employees with access to the Land necessary to harvest
the Wood, including access over existing roads; and hereby grants permission to widen any
existing roads and /or to construct new roads, as may be deemed necessary or required by the
Purchaser;
(2) to pay all real property taxes and other amounts that may be levied against the Land by any
government or other authority;
(3) that the location of the boundary lines of the Land as disclosed to the Purchaser (including the
boundaries shown on any map, plan or drawing attached to this agreement) are correct, and the
Owner is not aware of any disputes with respect to any of the boundary lines;
(4) that the Owner has title to the Land in fee simple, free from all liens or encumbrances, and has
the unrestricted right and authority to enter into this agreement and to sell the Wood to the
Purchaser as contemplated in this agreement;
(5) not to transfer, lease or assign the Land, in whole or in part, without first notifying the
Purchaser, and without requiring that the party acquiring any rights to the Land agrees to be
bound by the terms of this agreement;
(6) that any Wood that has been cut by the Purchaser, but not yet removed from the Land is the
property of the Purchaser, and the Owner releases all claims to that cut wood and grants access
to the Land necessary for the Purchaser to remove the cut Wood for a period of 30 days after
the effective date of termination; and
(7) that the Owner will indemnify and save the Purchaser, its agents and employees, harmless from
any loss, claim, demand, action, or expense (including legal costs), arising as a result of the
Owner's beach of any representation or term of this agreement or any claim by another party
with respect to ownership of or right -of -way to the Land.
7. Confidentiality. The parties agree that this agreement, including the schedules, are
confidential information and that neither party will divulge any of the terms thereof to any third party
(except as required by law or as necessary to complete its obligations under this agreement) without the
prior written consent of the other party.
8. Force Majeure. For the purposes of this agreement, the term "Force Majeure" means
any cause, condition or event beyond a party's reasonable control that delays or prevents a party's
performance of its obligations hereunder, including war, acts of terrorism (including civil
demonstrations), acts of government (including changes in laws), acts of public enemy, riots, lightning,
163
IRS
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
fires, explosions, storms, floods, infestation, power failures, other acts of God or nature, labor strikes or
lockouts by employees; or other similar circumstances beyond the reasonable control of the party so
affected. The parties shall use reasonable efforts to mitigate the effects of the Force Majeure. Neither
party will be liable hereunder for a delay in or failure of performance of its obligations hereunder that is
caused by Force Majeure. The quantity of any Wood otherwise required or permitted to be purchased
hereunder may, at the Purchaser's option, be reduced as a result of Force Majeure for the period during
which such Force Majeure is in effect and continuing (such period, the "Force Majeure Period "), based
on the total or estimated quantity for the term of this agreement, prorated (if applicable) for the portion
of such term constituting all or part of such Force Majeure Period. If a Force Majeure event continues
for more than 30 consecutive days, the Purchaser may terminate this agreement and the Purchaser will
have no further obligations from the date of such termination.
9. General provisions. (a) Any notice to be given under this agreement shall be in writing
and must be delivered to the other parties at the address associated with each party's signature.
(b) This agreement, including the schedules attached, constitute the entire
agreement between the parties with respect to the subject matter hereof and replaces all previous
discussions, negotiations and agreements. Except as noted otherwise in this agreement (including the
schedules attached), any amendment of this agreement must be in writing and signed by both parties.
Any waiver of any condition or other provision contained in this agreement must be in writing and
signed by the waiving party.
(c) The Owner may not assign any of its rights under this agreement without the
prior consent of the Purchaser. Subject to the preceding sentence, this agreement will apply to, be
binding in all respect upon, and enure to the benefit of the respective heirs, executors, administrators,
successors and permitted assigns of the parties.
(d) This agreement is governed by the laws of the Province of New Brunswick and
the laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of
New Brunswick and all courts competent to hear appeals therefrom.
(e) This agreement may be signed in counterparts with the same effect as if all
parties had all signed the same document, and the counterparts together constitute one original
agreement.
[SIGNATURE PAGE FOLLOWS.]
164
IRS V�ING
J.D. IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
Each party is signing this agreement on 6kcnuI �' , 20 / �J .
WITNESS:
4---
Print name:
J.D. IRVING, LIMITED
By:
Name: Rob Anderson
Title: Purchase Stumpage Manager
Address:
5 Wheeler Road
Four Corners, N.B.
E4G 2W3
OWNER
City Of Saint John
Name:
Print name: Name:
Address:
PO BOX 1971 STN MAIN
SAINT JOHN N.B.
E21- 41-1
4
165
With a copy to:
PO Box 5777
Saint John, NB E21- 4M3
Facsimile: 506 - 634 -6451
IRS
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
Schedule A
OWNER's LAND:
PID number: 00198176, 00199083, 30088744, 00438655
Civic address: NA
Map reference: 5461
General description: Off Third Lake Road, Brawley Road, Vernon Street, McMahon Road, in Upham,
166
R
II �G
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
Schedule B
COMPLETION DATE: March 101", 2015
PRICE:
(1) LUMP SUM: Lump sum price in the amount of $ ; OR
(2) SCALED PRICE: The following amounts based on the unit of scaled Wood *:
Species
Product
Unit of measure
Price per unit
Spruce / Fir
Sawlogs
Green Metric Tonne
Spruce / Fir
Studwood
Green Metric Tonne
Spruce / Fir
Pulpwood
Green Metric Tonne
* The Wood will be weighed on scales located at the Purchaser's facility or stick scaled.
ADVANCE: $ (only applies to scaled pricing)
167
IRS
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
Schedule C
SPECIAL CONDITIONS
Harvest Conditions:
(1) A Gate will be installed at the mouth of the road.
(2) All contractors of the purchaser will be in good standing with Worksafe NB.
(3) All contractors of the purchaser will have minimum $1,000,000 general liability insurance.
(4) Ground disturbance will be minimized on the operating area.
(5)
(6)
See attached logging plan map for cut boundaries and extraction trails placed on the ground.
Estimated operational commencement would be: February 1, 2015.
1 authorize JDlrving Ltd to erect "Active Harvesting "signage while operating on my Woodlot
.:
-.dddbbk.-
IRS
J.D. IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
N 0 162.5 325 650 975 1,300
Meters
E 1:16,000
S City of Saint John
169
IRS
J.D.IRVING, LIMITED
WOOD STUMPAGE AGREEMENT NO: SPS0310
NOTICE OF STUMPAGE AGREEMENT SPS0310
Between: City of Saint John
Owner(s)
- and -
J. D. Irving, Limited, a New Brunswick corporation,
Purchaser
TAKE NOTICE that the Owner and the Purchaser have entered into a Wood Stumpage Agreement in
relation to the lands described in schedule A attached;
AND FURTHER TAKE NOTICE That the Wood Stumpage Agreement is to last until the 151 day of
December, 2015.
AND FURTHER TAKE NOTICE that the terms and conditions of the Wood Stumpage Agreement are
contained in the original Wood Stumpage Agreement signed by the parties herein.
SIGNED, SEALED and DELIVERED
in the presence of:
Witness
Witness
Owner
Owner
J. D. IRVING, LIMITED
Name: Rob And rson
Title: Purchase Stumpage Manager
2
170
REPORT TO COMMON COUNCIL
February 2, 2015
His Worship Mayor Mel Norton
And Members of Common Council
Your Worship and Members of Council,
SUBJECT: RECOMMENDATION TO SEEK FORMAL INTERVENOR STATUS IN THE
FORTHCOMING NATIONAL ENERGY BOARD (NEB) ENERGY EAST
PROJECT HEARING.
PURPOSE
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The purpose of this report is to update Common Council with respect to the National
Energy Board (NEB)'s forthcoming Energy East project hearing and recommend that the
City of Saint John seek formal Intervenor status.
BACKGROUND
On 30 October 2014, Energy East Pipeline Ltd. (EEPL), a wholly owned subsidiary of
TransCanada Oil Pipelines (Canada) Ltd., submitted an application to the NEB for the
proposed Energy East project:
The proposed project would include:
Converting an existing natural gas pipeline to an oil transportation pipeline;
Constructing new pipeline in Alberta, Saskatchewan, Manitoba, Eastern Ontario,
Quebec and New Brunswick to link up with the converted pipe; and
Constructing the associated facilities, pump stations and tank terminals required
to move crude oil from Alberta to Quebec and New Brunswick, including marine
facilities that enable access to other markets by ship.
Saint John, New Brunswick will serve as the eastern terminus for the pipeline and be
home to a large tank storage facility and marine terminal. Irving Oil and TransCanada
previously announced the formation of a joint venture to develop and construct the new
Canaport Energy East Marine Terminal at Irving Canaport in Saint John. The 4,600 -
kilometre pipeline will carry 1.1- million barrels of crude oil per day from Alberta and
Saskatchewan to refineries in Eastern Canada and export terminals in the Quebec City
region and Saint John.
171
Strategic Services
Report to Common Council
For more information visit: http : / /www.encrgyeastpipeline.com/
Energy East Pipeline Route:
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February 2, 2015
Page 2
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Current Status of the NEB Energy East Regulatory Review Process:
The NEB Board is currently reviewing the Energy East Application for completeness —
the Board has not yet made any determination on completeness.
Those who wish to participate in the hearing process for the Energy East project must
apply to participate using the Application to Participate (ATP) form. The ATP form will
be available online from the Board's website for a period of four weeks from 3 February -
3 March 2015.
If the Board determines that the application is sufficiently complete, it will issue a
Hearing Order along with the list of participants. The Hearing Order is a key document
that outlines how the review will take place, the roles and responsibilities of participants
and any associated timelines.
From the time that the Hearing Order is issued, the Board has up to 15 months to deliver
its recommendation report to the government who then has another three months to
review the recommendation and make the final decision.
172
Strategic Services
Report to Common Council
February 2, 2015
Page 3
During the hearing process, the Board will collect relevant information from those who
are participants in the Board's process. Additional information with respect to the NEB's
mandate and function is provided in Attachment A.
ANALYSIS
On 24 November 2014, Saint John Common Council passed the following resolution:
WHEREAS Council of the City of Saint John consider the TransCanada Energy East
Pipeline project to be of the utmost importance to the Saint John Area by providing the
area with the possibilities of economic and community development,
WHEREAS Council of the City of Saint John feel that it is in the best interest of the
citizens o f Saint John to endorse said project;
WHEREAS Safety and the environment are of utmost importance to Council and the City
of Saint John;
BE IT RESOLVED that the City of Saint John support the TransCanada Energy East
Pipeline project;
AND BE IT FURTHER RESOLVED that the City of Saint John work with
TransCanada and the regulator to ensure that the pipeline is safely constructed in such a
way as to protect the environment.
The intent of Council's resolution was to illustrate the City's support in principle for the
Energy East project and it's anticipated economic and community benefits, but also
clearly indicate that development cannot proceed without properly addressing associated
project, environmental and public safety risks. The resolution also commits the City to
work with both TransCanada and the regulator (NE 13) to "ensure that the pipeline is
safely constructed in such a way to protect the environment."
City staff continues to engage the project proponents (TransCanada and hying Oil)
through direct and indirect means, including one-on -one meetings, attending public
information sessions, representation on the Saint John. True Growth Energy East Partners'
Forum and representation on the recently established Energy East Community Liaison
Committee.
Key staff observations include:
• TransCanada, in cooperation with Irving Oil, have held three local open houses
with respect to the Energy East project and remain committed to on -going
community and stakeholder engagement.
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Report to Common Council
February 2, 2015
Page 4
• The City continues to engage with the proponents (TransCanada and Irving Oil)
to seek clarity on the municipal land use planning issues and approvals.
• There is on -going and positive dialogue with the Saint John Fire Department with
respect to Energy East emergency preparedness and response issues, although
primary emergency planning issues remain largely unresolved.
• The Energy East Community Liaison Committee is now active, but the exchange
of detailed project information remains limited.
• The True Growth Energy East Partners Forum is largely focused on community -
based project advocacy and the dissemination of project information / updates.
The Partners Forum meets regularly and recently organized two special meetings
focused specifically on land -based and marine public safety issues. The Energy
Partners Forum model has now been duplicated in a number of other communities
throughout New Brunswick and beyond.
The forthcoming NEB hearing process provides the City of Saint John with a
critical opportunity to develop and present a strong and unified position with
respect to (1) the optimization of community benefits, and (2) the mitigation of
project risks.
Primary Energy East project considerations for the City of Saint John can be organized in
five key themes:
1. land use planning;
2. managing / mitigating project risk (construction, operation and
decommissioning);
3. public safety planning, preparedness and response;
4. optimizing local economic benefits; and
5. long -term community sustainability (managing overall community fiscal,
operational and environmental impacts over the lifespan of the project).
The forthcoming NEB Hearing process provides a unique opportunity for the City of
Saint John to present evidence to a Panel made up of three NEB Board Members. The
Panel will consider all relevant information and evidence filed in reference to the Energy
East Project. The Panel has over 16 years of regulatory leadership and experience with
the NEB. Throughout the Energy East hearing process, the Panel will study the
applications and all relevant information and evidence placed on the record.
NEB Energy East Panel Members are:
Roland George (Presiding Member)
Lyne Mercier
Jacques Gauthier
Based on the 24 November 2014 Council resolution and the information we have
received to date, including TransCanada's Energy East project application as filed with
the NEB, staff recommend that the City of Saint John apply for formal Intervenor status
within the 3 February — 3 March 2015 timeframe.
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Report to Common Council
February 2, 2015
Page 5
Should the City of Saint John be successful in its application for Intervenor status, the
City will have the right to present evidence, actively participate in the hearing process
and cross - examine the project applicant and other Intervenors.
There is also a critical requirement to directly align the City's interests with the NEB's list
of Energy East Pipeline Project issues (as provided in Attachment B).
FINANCIAL CONSIDERATIONS
Active participation by the City of Saint John in the forthcoming NEB Energy East
hearing will require a significant internal resource commitment and a coordinated
planning and engagement approach by the City's Senior Leadership Team. A project
review and planning team has been established, with leadership provided by the
Commissioner, Growth and Community Development Services; the City's Fire Chief /
Director SJEMO; and Commissioner, Strategic Services, with on -going support from the
City Solicitor's Office and City Manager's Office.
Given the quasi-judicial and inter - provincial (multi jurisdictional) nature of the NEB's
regulatory review process, it is also recommended that the City retain external energy
regulatory expertise should its application for Intervenor status is successful. This
expertise is deemed essential in helping the City prepare, review, present, cross - examine
and defend evidence as introduced during the hearing process. The City Solicitor's
Office will be responsible for identifying, screening and securing external regulatory
(legal) expertise using appropriate City of Saint John procurement procedures.
RECOMMENDATIONS FOR COUNCIL
The City Manager be directed to apply for formal Intervenor status for the City of Saint
John in the forthcoming National Energy Board (NEB) Energy East project hearing.
The City Manager be directed to return to Council with regular NEB hearing updates,
including advance notification of planned City of Saint John regulatory filings.
ATTACHMENTS
Attachment A: National Energy Board (NEB) Fact Sheet
Attachment B: TransCanada Energy East Pipeline Project — NEB List of Issues
175
Strategic Services
Report to Common Council
Respectfully submitted,
Kevin Clifford, BBA, CFO
Fire Chief / Director SJEMO
City of Saint John
Neil Jacobsen, MBA
Commissioner,
Strategic Services
February 2, 2015
Page 6
Jacqueline Hamilton, MCIP, RPP
Commissioner, Growth and
Community Development Services
J. trick Woods, CGA
City Manager
City of Saint John
176
Strategic Services February 2, 2015
Report to Common Council Page 7
Attachment A: National Energy Board Fact Sheet
What is the National Energy Board?
The National Energy Board (NEB) is an independent federal agency established in 1959.
The NEB has quasi-judicial powers, with the rights and privileges of a superior court, established
by the National Energy Board Act (NEB Act), and its decisions are all enforceable in law. For
major applications and inquiries, the NEB holds public hearings at which parties must submit
evidence into the public record and decisions must be based on the evidence submitted.
The National Energy Board does not create or debate federal energy policy. The Parliament of
Canada and the elected officials therein have that mandate. The only way the NEB participates in
the government's energy policy is if it is asked to provide expert opinion on energy matters that
are subsequently used by the government in setting energy policy.
What is the NEB's mandate?
The NEB's purpose is to promote safety and security, environmental protection and efficient
energy infrastructure and markets in the Canadian public interest within the mandate set by
Parliament in the regulation of pipelines, energy development and trade.
The NEB`s main responsibilities include regulating the construction and operation of
interprovincial and international oil and gas pipelines, international power lines and designated
interprovincial power lines. The NEB also regulates the tolls and tariffs for pipelines under its
jurisdiction. With respect to the specific energy commodities, the NEB regulates the export of
natural gas, oil, natural gas liquids (NGLs) and electricity, and the import of natural gas. In an
advisory function, the NEB publishes periodic assessments to inform Canadians on trends, events
and issues which may affect Canadian energy markets. Additionally, the NEB regulates oil and
gas exploration and development on frontier lands and offshore areas not covered by provincial or
federal management agreements.
The NEB's regulatory oversight extends over 71,000 kilometres of pipeline that crisscross most of
our country, and approximately 1,400 kilometres of international power lines.
How does the NEB operate?
Applications are made to the NEB for any of the activities that the NEB regulates. After an
application is submitted, the NEB will review it and determine whether a hearing is required and
if so, whether it is to be a written or an oral hearing. A hearing will typically be held for certain
types of applications, such as for new interprovincial or international pipelines over 40 kilometres
in length (these are known as s. 52 facility applications or Part III applications, referring to the
section and part of the NEB Act under which they are submitted).
To convene a hearing, the NEB issues a Hearing Order providing details on the hearing process,
including how persons who are directly affected or who have relevant information or expertise
can participate and the deadline to apply to participate. Further information is available on the
177
Strategic Services
Report to Common Council
February 2, 2015
Page 8
NEB's website in the National Energy Board Hearing Process Handbook. Applications filed
under s. 58 or Fart IV of the NEB Act do not automatically trigger a public hearing.
The NEB's involvement in a project does not end with an approval. The NEB can attach any
number of conditions to project approvals which it then monitors and enforces throughout the
lifecycle of the project, from approval to abandonment.
What does the NEB consider when reviewing an application?
During the review of an application, the NEB considers all information that is relevant to the
question of whether or not the application should be approved as it relates to the NEB's mandate
and jurisdiction. For an application where a Hearing Order is issued, the NEB will typically
include a List of Issues outlining what the NEB will consider.
How does the NEB protect the environment and ensure public safety of NEB - regulated
projects?
Environmental Assessment
Since its inception in 1959, the NEB has always considered the environment when making
regulatory decisions. The NEB's environmental responsibility includes ensuring environmental
protection during planning, construction, operation and abandonment of facilities within its
jurisdiction.
The NEB has approximately 50 Environment, Socio - Economic, Lands and Engagement
Specialists deployed to teams throughout the organization. These specialists conduct
environmental and socio- economic assessments, environmental inspections, audits of
environmental management systems, lands administration and landowner complaint resolution.
Under the NEB Act, the NEB is required to consider matters of public interest as they may be
affected by the granting of an application. The NEB has assumed a mandate for environmental
protection as a component of the public interest and conducts environmental assessments as
appropriate for each application_ The Canadian Environmental Assessment Act, 2012 (CEA Act
2012) provides an additional mechanism to ensure that projects receive appropriate levels of
assessment before they proceed. The CEA Act 2012 sets out uniform requirements for
environmental assessments by all federal government departments and agencies. As a
"responsible authority" under the CEA Act 2012, the NEB ensures that appropriate environmental
assessments are conducted for projects under its jurisdiction, according to standards prescribed by
the legislation.
Environmental Protection & Safety
If a project is approved, the NEB expects the company to continue to protect the environment,
public health and safety. The NEB confirms this by auditing and inspecting the company's
construction activities, maintenance and monitoring procedures during the operation of the
pipeline and its procedures during abandonment.
The NEB's environmental responsibility includes ensuring environmental protection during the
planning, construction, operation and abandonment of energy projects within its jurisdiction.
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When making its decisions, the NEB may take into consideration environmental concerns related
to air, land and water pollution, disturbance of renewable and non - renewable resources, the
integrity of natural habitats, the disruption of land and resource use, and the protection of
landowner rights.
Safety is one of the top priorities at the NEB. The NEB is responsible for ensuring companies
meet regulations on the safety of employees, public and environment as they may be affected by
the design, construction, operation, maintenance and abandonment of a pipeline or international
power line. The NEB works with the Canadian Standards Association to establish safety
regulations and technical standards for federally regulated pipelines.
Additionally, through an agreement between the NEB and Human Resources and Social
Development Canada, certain NEB staff members have been designated as Safety Officers for the
occupational health and safety of pipeline company field staff. These health and safety duties are
usually combined with other construction site and facility inspections.
To confirm that engineering, safety and environmental requirements are met, the NEB audits and
inspects the construction and operation of pipelines. Since February 1987, NEB inspectors have
also been responsible for enforcing Part II of the Canada Labour Code, applying to the
occupational safety and health of pipeline workers in the field.
The NEB shares responsibility with the Transportation Safety Board {TSB} for incident
investigation. The NEB investigates pipeline incidents to determine whether its regulations have
been followed and if those regulations may need to be changed. The TSB investigates the cause
and contributing factors. The NEB also monitors excavation activity by third parties near
pipelines to ensure compliance with existing regulations.
The NEB holds companies accountable for results in the public interest using a rigorous
compliance monitoring and enforcement program, which includes compliance audits and the
inspection of construction and operating facilities. When a violation or an unsafe condition is
detected, the NEB expects immediate correction and an assessment of the root causes in order to
prevent the issue from happening again. Failure to address a violation or unsafe condition can
result in further NEB sanction, such as suspension of operation.
What happens if there is a release?
The NEB's focus is on preventing accidents from happening in the first place. The NEB expects
regulated companies to strive for zero spills or releases. However, should an incident occur, the
NEB's top priority is the safety and security of people as well as the protection of the
environment.
Each regulated company must maintain an up-to -date emergency procedure manual outlining the
company emergency management procedures to be followed during an incident. The procedures
must address emergency management, environmental protection, and worker and public safety.
This plan must be on file with the NEB and the TSB.
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Companies are responsible for reporting the incident to the TSB and the NEB and for
implementing their emergency response plan. The NEB then initiates its incident response
procedures, which may include activation of its Emergency Operations Centre where appropriate.
The NEB will verify that a company conducts an adequate and appropriate clean -up and
remediation of any environmental effects resulting from the incident.
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Report to Common Council
February 2, 2015
Page 11
Attachment B: TransCanada Energy East Pipeline Project — NEB List
of Issues
The National Energy Board (Board) has identified the following issues for its consideration in
any upcoming proceeding with respect to the Energy East Pipeline Ltd (EEPL) proposed Energy
East Project (Project).
1. The need for the Project.
2. The economic feasibility of the Project.
3. The commercial, economic, supply and market impacts of the Project.
4. The appropriateness of the tolling methodology, and the method of toll and tariff
regulation, including whether Energy East should be regulated as a Group 1 or Group 2
company.
5. The commercial, economic, supply and market impacts of the Asset Transfer, including
the need, economic feasibility and commercial impacts of the Eastern Mainline Project.
This includes the appropriateness of the proposed capacity of the Eastern Mainline of 575
TJ /d.
6. Transfer of Assets:
1. The tests to be used to assess the sale and purchase of the assets.
2. The assets to be transferred and any terms to be included.
3. The value which should be assigned to the facilities for the purposes of-
1. removal from the rate base of the TransCanada PipeLines Limited's
natural gas mainline; and
2. inclusion in Energy East's toll calculation.
7. The potential environmental and socio- economic effects of the Project, including the
environmental effects of accidents or malfunctions that may occur in connection with the
project, and any cumulative effects that are likely to result from the Project, as considered
under the Canadian Environmental Assessment Act, 2012.
8. The potential environmental and socio- economic effects of increased marine shipping.
9. The appropriateness of the general route and land requirements for the Project.
10. The engineering design and integrity of the Project.
11. Potential impacts of the Project on Aboriginal interests.
12. Potential impacts of the Project on directly affected landowners and their land use.
13. Safety and security associated with the construction and operation of the Project,
including emergency response planning and third -party damage prevention.
14. Contingency planning for spills, accidents, or malfunctions during construction and
operations of the Project.
15. Financial implications of contingency planning for spills, accidents, or malfunctions
during construction and operations of the Project_
16. The terms and conditions to be included in any recommendation or approval the Board
may issue for the Project.
The Board will not consider matters related to upstream activities associated with the
development of oil sands, or the downstream and end use of the oil transported by the Project.
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February 2, 2015
Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: State of Local Emergency Declared in Saint John
The Committee of the Whole, having met on February 2, 2015, adopted the following resolution:
"RESOLVED that as recommended by the Committee of the Whole, having met on February 2,
2015, that a State of Local Emergency is hereby declared with respect to the following area of
the City of Saint John, referred to as the Southern Peninsula and more particularly described as
follows: beginning at the intersection of the northern sideline of Union Street with the western
sideline of St. Patrick Street thence proceeding southwardly to the intersection of St. Patrick
Street and Water Street, thence in a southwardly direction along the western sideline of Water
Street to its intersection with Broad Street, thence in a eastwardly direction along the southern
sideline of Broad Street to its intersection with Crown Street, thence in a north -eastward ly
direction along the eastern sideline of Crown Street to its intersection with Union Street, thence
westwardly along the northern sideline of Union Street to the place of beginning, together with
all public streets located south of Broad Street.
The nature of the emergency is the unusual amount of snow lying on the public rights of way
within the area in question and the additional significant snowfall now occurring and anticipated
to occur later this week with the resulting impairment of the City's ability to deal with the plowing
and removal of such snow which significantly compromises the timely delivery of emergency
services to persons and property in the aforesaid area."
"Whereas in order to maintain public safety and enable access for emergency vehicles, the City
of Saint John has at its Common Council meeting of February 2, 2015 declared a State of Local
Emergency in the Southern Peninsula as the result of current heavy snow accumulation and
anticipated further accumulation in the next several days together with the need to have
accessibility for public safety, all pursuant to the Emergency Measures Act SNB 2011 c.147;
and
Whereas the Southern Peninsula includes all areas identified in the aforesaid Declaration
adopted by Common Council earlier this date February 2, 2015; and
Whereas the purpose of the declaration is to support more effective snowplowing, push back
and removal; therefore it is hereby resolved that a 24/7 on- street parking ban is hereby imposed
in the Southern Peninsula. This means that no vehicle may be parked on City streets within that
area. Any vehicle parked on such streets will be towed at the owner's expense commencing at
noon on February 3, 2015 subject to the following provision: as streets within the Southern
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
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Peninsula are cleared of snow so as to permit parking thereon in the assessment of the Deputy
Commissioner of Transportation and Environment for the City that assessment will be
communicated to the public and parking on such streets will be permitted in accordance with
applicable bylaws; and
Further be it resolved that the City Manager is hereby directed to communicate to the public the
aforesaid declaration of the State of Local Emergency and the associated parking ban together
with alternative parking arrangements, by the following means: news release, paid advertising,
City website, Twitter, Facebook ads, Facebook, Sentinel, email notification, media briefing and
any other means he believes to be efficacious. Information regarding available off - street
parking will be provided in a news release to follow.
Sincerely,
Mel Norton
Mayor
lr
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wvwvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada EX 4L1
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