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2018-09-24_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, September 24, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of September 10, 2018 1 -9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Parking Commission - Appointment of Gisele Bernier Canadian 10-10 Corps of Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.2 Saint John Parking Commission - Appointment of Stephen Chapman Canadian Corps of Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.3 Saint John Transit - Appointment of Charles Freake as Inspector and Crystal 12-13 Crosby as Assistant Inspector under the Vehicles for Hire By-law (Recommendation in Report) 5.4 Program Contribution Agreement - NB Power Commercial Buildings Energy 14-39 Efficiency Retrofit Program for City of Saint John Facilities (Recommendation in Report) 5.5 Proposed 2019 Council Meeting Schedule (Recommendation in Report) 40-41 1 Powered 6Y; R'SE� 5.6 License Agreement with the Saint John Sea Dogs (Recommendation in Report) 42-51 5.7 Proposed Public Hearing Date - 243 Loch Lomond Road and 476 Sandy Point 52-53 Road (Recommendation in Report) 5.8 Subdivision Application (Money -in -Lieu of LPP) - 288 Arthurs Road 54-64 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Public Rail Safety Week- September 23rd to September 29th, 2018 65-65 7.2 Wellness Week - October 1 st to October 7th, 2018 66-66 7.3 Wrongful Conviction Day - October 2, 2018 67-67 7.4 World Ostomy Day - October 6, 2018 68-68 8. Delegations / Presentations 8.1 Saint John Energy - 2017 Annual Report 69-88 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation - Section 59 Amendment - 1655 Manawagonish Road with 89-127 Planning Advisory Committee report recommending Amendment 9.2 Staff Presentation - Section 59 Amendment - 1770-1790 Sand Cove Road with 128-163 Planning Advisory Committee report recommending Amendment 10. Consideration of By-laws 10.1 A By -Law Respecting Standards for Maintenance and Occupancy for Buildings 164-186 and Premises within The City of Saint John (3rd Reading) 10.2 King Square South Short Term On -Street Parking Spaces re: Traffic Bylaw 187-193 Amendment (1st and 2nd Reading) 11. Submissions by Council Members 11.1 Provincial Short -Line Railway Complaints Resolution Service (Councillor 194-195 Norton) 12. Business Matters - Municipal Officers 12.1 Tucker Park Recreation Association Request for Funding from the Tucker Park 196-230 Fund to Build a Wheelchair Accessible Viewing Deck 13. Committee Reports 1 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request: Prostate Cancer Canada Atlantic Wakeup Call Breakfast Event - September 27, 2018 15.2 Ticket Purchase Request: Dr. David Stephen Memorial Foundation 15.3 Ticket Purchase Request: Outstanding Business Awards 15.4 Ticket Purchase Request: PRUDE Inc. 16. Supplemental Agenda 16.1 Appointment of Auditor for Auditing Services 17. Committee of the Whole 17.1 City Hall Lease 17.2 Canada Games Aquatic Centre 17.3 Transfer, Easements, and Agreements NB Museum Project 18. Adjournment 3 231 -238 239-241 242-243 244-246 247-249 250-257 258-258 259-259 City of Saint John Common Council Meeting Monday, September 24, 2018 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 68(1) 1.2 Legal Matter 68(1)(f) 1.3 Employment Matter 68(1)0) 1.4 Personal Matter 68(1)(b) 1.5 Financial Matter 68(1)(a,c,f,g) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) 4 Ville de Saint John Reunion du conseil communal Lundi 24 septembre 2018 18 h, Salle du conseil Comite pl6nier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une s6ance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire 1'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil/comit6 prendra une ou des decisions a cet 6gard au cours de la s6ance publique 16 h — Salle de conference, 8e Rage, h6tel de ville 1.1 Approbation du proc&s-verbal — paragraphe 68(1) 1.2 Question juridique — alin6as 68(1)/) 1.3 Question relative a 1'emploi — alin&a 68(1)j) 1.4 Question financi&re — alin6a 68(1)b) 1.5 Question financiere — alin&a 68(1)a), c), j) et g) 1.6 Question financiere — alin6a 68(1)c) 1.7 Question financiere — alin&a 68(1)c) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proc&s-verbal du 10 septembre 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Commission sur le stationnement de Saint John relativement a la nomination de Gisele Bernier, membre du Corps canadien des commissaires, en tant qu'agent d'ex&cution des arret6s municipaux (recommandation figurant au rapport) y S 5.2 Commission sur le stationnement de Saint John relativement a la nomination de Stephen Chapman, membre du Corps canadien des commissaires, en tant qu'agent d'ex6cution des arrWs municipaux (recommandation figurant au rapport) 5.3 Commission des transports de Saint John relativement a la nomination de Charles Freake en tant qu'inspecteur et de Crystal Crosby en tant qu'inspectrice adjointe en vertu de Farret6 portant sur les v6hicules de location (recommandation figurant au rapport) 5.4 Entente de contribution du programme — Programme d'am6lioration 6nergkique des immeubles commerciaux d'Anergie NB pour les installations de la Ville de Saint John (recommandation figurant au rapport) 5.5 Calendrier des r6unions du conseil propos6 pour 2019 (recommandation figurant au rapport) 5.6 Contrat de licence avec les Sea Dogs de Saint John (recommandation figurant au rapport) 5.7 Date propose de la tenue d'une audience publique relativement au 243, chemin Loch Lomond et au 476, chemin Sandy Point (recommandation figurant au rapport) 5.8 Demande d'am6nagement de lotissement (compensation mon6taire provenant du fonds en fiducie relatif aux terrains d'utilit6 publique) pour le 288, chemin Arthurs (recommandation figurant au rapport) 6. Commentaires present6s par les membres 7. Proclamation 7.1 Semaine de la s6curit6 ferroviaire Du 23 au 29 septembre 2018 7.2 Semaine de mieux-etre — Du 1' au 7 octobre 2018 7.3 Journ&e des condamnations injustifi6es — Le 2 octobre 2018 7.4 Journ6e mondiale des stomies — Le 6 octobre 2018 8. Delegations et presentations 8.1 Rapport annuel de 2017 de Saint John Energy 9. Audiences publiques — 18 h 30 9.1 Pr6sentation du personnel relativement a la modification de Particle 59 visant le 1655, chemin Manawagonish accompagn6e du rapport du Comit6 consultatif d'urbanisme recommandant le changement de zonage R 9.2 Presentation du personnel relativement a la modification de Particle 59 visant le 1770-1790, chemin Sand Cove accompagnee du rapport du Comite consultatif d'urbanisme recommandant le changement de zonage 10. Etude des arretes municipaux 10.1 Arrete portant sur les normes d'entretien et d'occupation des immeubles et des lieux dans la Ville de Saint John (troisieme lecture) 10.2 Modification de 1'arrete concernant la circulation — espaces de stationnement dans la rue a court terme de King Square Sud (premiere et deuxieme lectures) 11. Interventions des membres du conseil 11.1 Service de resolution des plaintes relatives a la compagnie de chemin de fer provinciale sur courtes distances. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Association des loisirs du parc Tucker — Demande de financement a meme les fonds reserves au parc Tucker pour construire un pont de visionnement accessible en fauteuil roulant 13. Rapports deposes par les comites 14. Etude des sujets ecartes des resolutions en bloc 15. Correspondance gen6rale 15.1 Demande d'achat de billets : Petit dejeuner du reveil de 1'Atlantique de Cancer de la Prostate Canada — Le 27 septembre 2018 15.2 Demande d'achat de billets: Fondation commemorative Dr. David Stephen Memorial Foundation 15.3 Demande d'achat de billets : Outstanding Business Awards 15.4 PRUDE Inc. — Demande de commandite 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance 7 100 - Council Minutes- Regular Meeting September 10, 2018 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 10, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: Acting City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner of Transportation and Environment M. Hugenholtz Commissioner Water B. McGovern Fire Chief K. Clifford Police Chief B. Connell Common Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order Mayor Darling called the meeting to order. 1 100 - Common Council Minutes September 10, 2018 2. Approval of Minutes 2.1 Minutes of Julv 30. 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the minutes of the meeting of Common Council, held on July 30, 2018, be approved. MOTION CARRIED. 2.2 Minutes of August 20, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on August 20, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 The Chamber Distinguished Speaker Series Luncheon — Purchase of Tickets; and 17.1 Leave of Appeal to Supreme Court of Canada. IAus] Ito] [1m, :Nilk] Ia11113 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2018-249: Fall 2018 Debenture Application: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND Protective Services $ 300,000 Transportation Services $ 3,400,000 1 Economic Development $ 1,300,000 Parks and Recreation $ 2,000,000 �fe11LIllofQ:Vi9:7_10MIII I TOTAL 100 - Council Minutes- Regular Meeting September 10, 2018 $7,000,000 $3,500,000 1. 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 ten million and five hundred thousand dollars ($10,500,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of ten million and five hundred thousand dollars, ($10,500,000) at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and Saint John Transit Commission. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.2 That the letter from CN re Rail Safety Week be referred to the Common Clerk to prepare the proclamation. 5.3 That the letter from the People's Alliance Party of New Brunswick - Building a Sustainable Future for Saint John be received for information. 5.4 That as recommended by the City Manager in the submitted report M&C2018-209: Agreement with NB Power for Back-up Fire Protection Services at the Point Lepreau Generating Station, Common Council authorize the Mayor and Common Clerk to execute the agreement with NB Power for the purpose of adding an extra six months to the recently expired agreement to 9 100 - Common Council Minutes September 10, 2018 provide back-up fire protection services at the Point Lepreau Generating Station. Discussions are underway with NB Power towards brokering a new deal through the submitted agreement, which is set for a six month term and in all other respects identical to the recently expired agreement which is simply intended to provide a commercially reasonable time period to conclude negotiations while ensuring service continuity. 5.5 That the letter from Fundy Regional Service Commission be referred to the City's representative on the Fundy Regional Service Commission. 5.6 That the letter from the Saint John Region Chamber of Commerce - Outstanding Business Awards be received for information. 5.7 That as recommended by the City Manager in the submitted report M&C2018-253: Contract for e5cribe Agenda Management Solution, the City enter into a subscription agreement with eScribe Software Ltd for a 3 year period at an annual cost of $16,500; and further, that the Mayor and Common Clerk be authorized to execute the Service Agreement. 5.8 That Uptown Saint John: State of the Uptown 2018 be received for information. 5.9 That as recommended by the City Manager in the submitted report M&C2018-250: Transportation & Environment Services Refuse and Compost Collection Vehicle Colour Change, Common Council: 1. Allow a change in fleet colour for the refuse and compost collection vehicles; and 2. Notwithstanding the existing City of Saint John Vehicle Policy, replace the "Explorer Crest" with the "Waste Wise" logo on the front driver's side and passenger's doors and include the words "Saint John" to be placed directly under the Waste Wise logo. 5.10 That as recommended by the City Manager in the submitted report M&C2018-257: Fleet Replacement Procurement—September 2018, Common Council award the tenders and proposals as follows: 1. Two (2) wheel loaders at a leasing cost of $54,062.76 plus HST per year for 3 years to Maritime Case Ltd., and that the Mayor and Common Clerk be authorized to execute the necessary documents; 2. One (1) Pick -Up Truck — One Ton Four -Wheel Drive at a total cost of $36,552.00 plus HST to Downey Ford Sales Ltd.; 3. One (1) Pick -Up Truck — Half -Ton Four -Wheel Drive Regular Cab at a total cost of $34,949.00 plus HST to Dobson Chrysler Dodge Jeep; 4. Six (6) Intermediate Sedans — All Wheel Drive at a total cost of $149,994.00 ($24,999.00 per vehicle) plus HST to Loch Lomond Mitsubishi; and Il 100 - Council Minutes- Regular Meeting September 10, 2018 5. Three (3) Intermediate Sedans — Two Wheel Drive at a total cost of $66,900.00 ($22,300.00 per vehicle) plus HST to Saint John Toyota. 5.11 That the Regional Facilities Commission - Approved Budget for 2019 be received for information. 5.12 That as recommended by the City Manager in the submitted report M&C2018-255: Request to Present to Council — Rezoning application for 1003 Latimore Lake Road — Thomas Construction Ltd. (John Colwell), Common Council: 1. Receive and file this report; and, 2. Deny the request to present made by John Colwell on behalf of Thomas Construction Ltd, dated August 15th, 2018 and further; that staff will continue to advise Mr. Colwell on options available to Thomas Construction Ltd for consideration of a planning application. 5.13 That the Thomas Construction Limited request to readdress the 1003 Latimore Lake Road Rezoning Application be received for information. 5.14 That the 55 Plus Games — Letter of Thanks be received for information. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Port Cities Week — September loth to 14th, 2018 The Mayor proclaimed the week of September 10th to 14th, 2018 as Port Cities Week in The City of Saint John. 7.2 Recovery Day—September 14th, 2018 The Mayor proclaimed September 14th, 2018 as Recovery Day in The City of Saint John. 8. Delegations/Presentations 5 100 - Common Council Minutes September 10, 2018 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 First and Second Reading of the Saint John Minimum Proaerty Standards By-law Consideration was given to the submitted report M&C 2018-252: First and Second Reading of the Saint John Minimum Property Standards By-law. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that a by-law entitled, "A By -Law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John", which repeals and replaces the current Saint John Minimum Property Standards By -Law to better align with the provisions of the new Local Governance Act, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A By -Law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John". Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "A By -Law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John", which repeals and replaces the current Saint John Minimum Property Standards By -Law to better align with the provisions of the new Local Governance Act, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John". 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Safe. Clean Drinkiniz Water — Commissionine of the new Loch Lomond Drinkine Water Treatment Facility Referring to the submitted report, Mr. McGovern commented on the new Loch Lomond Drinking Water Treatment Facility, noting that the high quality water now meets the New Brunswick and Canadian Drinking Water Quality Guidelines. A 100 - Council Minutes- Regular Meeting September 10, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report, M&C 2018-258: Safe, Clean Drinking Water— Commissioning of the new Loch Lomond Drinking Water Treatment Facility, be received for information. MOTION CARRIED. 12.2 Regional Ice Strategy Options Mr. O'Reilly reviewed the submitted report and commented on the options available to ensure that capital and operating costs of City arenas incorporate a regional approach. The preferred approach is a collaborative effort with neighbouring municipalities and Local Service Districts in the region. The alternative option is consideration of a policy that would increase fee revenues from non-resident users. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C2018-234: Regional Ice Strategy Options, be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Growth Reserves Fund Request Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-256: Growth Reserve Fund Request Common Council authorizes the transfer of up to a maximum of $200,000 from the Growth Reserve Fund towards Growth and Community Development Services to support the pursuit of growth -related activities. 1AA 10611rel ►[lfe1CNISII 111 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 City of Saint John Shared Risk Plan —Annual General Meeting Sept. 26, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Councillor Merrithew attend the City of Saint John Shared Risk Plan —Annual General Meeting Sept. 26, 2018 on behalf of the Mayor and Common Council. 7 100 - Common Council Minutes September 10, 2018 MOTION CARRIED. 15.2 Gatekeeaers of the Divine Lieht Fundraiser Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that Item 15.2 Gatekeepers of the Divine Light Fundraiser, be received for information. MOTION CARRIED. 15.3 Christmas with the Cops — Request for Monetary Donation Council noted that funding from the Community Grants committee for 2018 has been previously allocated. Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the Common Clerk advise the organizers of Christmas with the Cops to apply to the Community Grants committee for future funding at the beginning of the year. MOTION CARRIED. 16. Supplemental Agenda 16.1 The Chamber Distinguished Speaker Series Luncheon — Purchase of Tickets Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that following the Tickets Policy, the request to purchase tickets for The Chamber — Distinguished Speaker Series Luncheon, be approved and referred to the Common Clerk to procure tickets. MOTION CARRIED. 17. Committee of the Whole 17.1 Leave of Appeal to Supreme Court of Canada Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on September 10, 2018 Common Council approve the following: The City of Saint John support the seeking of leave to appeal to the Supreme Court of Canada from the decision of the NB Court of Appeal in the matter of The City of Saint John, Appellant and 100 - Council Minutes- Regular Meeting September 10, 2018 Robert Hayes on behalf of himself and other class members, Respondent, Cause Number 7 -17 - CA. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the meeting of Common Council held on September 10, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:45 p.m. Mayor / maire Common Clerk / greffier communal 9 Saint John Parking Commission Commission sur ie stationnement de Saint John September 11, 2018 Jonathan Taylor Common Clerk City of Saint John Bch Floor, City Hall Saint John, NB Dear Mr. Taylor, SAINT JOHN TRANSIT RE: Appointment of Gisele Bernier, Badge No. 9961 Canadian Corps of Commissionaires as a BV -Law Enforcement Officer We are requesting that the following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member 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: Gisele Bernier, Badge No. 9961. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours truly, 40,� o Marc Dionne Director of Operations Saint John Parking Commission /KM 11th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L4L1 -Tel: (506) 632-7275 - E-mail: parking@saintjohn.ca 11 ieme Etage, H6tel de Ville, CR 1971, Saint John, N. -B. E21L 41_1 • Tel: (506) 632-7275 - Courriel: parking@saintjohn.ca www.saintjor (.ca/parking 1ASaint John Parking Commission Commission sur le stationnement de Saint John September 11, 2018 Jonathan Taylor Common Clerk City of Saint John Stn Floor, City Hail Saint John, NB Dear Mr. Taylor, SAINT JOHN TRANSIT RE: Appointment of Stephen Chapman, Badge No. 9962 Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member 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: Stephen Chapman, Badge No. 9962. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours truly, n ,,, ,� Marc Dionne Director of Operations Saint John Parking Commission /KM 11 th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L 41-1 • Tel: (506) 632-7275 - E-mail: parking@saintjohn.ca 1 1 ieme Etage, Hotel de Ville, C.P. 1971, Saint John, N. -B. EX 41-1 -T61: (506) 632-7275 • Courriel: parking@saintjohn.ca wwws a i ntj of o .ca/parkin g SAINT JOHN TRANSIT f` September 14, 2018 Jonathan Taylor Common Clerk City of Saint John Strl Floor, City Hall Saint John, NB Dear Mr. Taylor, Saint ,kin Parking Comms&or. 19" Commission sur Iil stationnemetit de Saint John RE: Appointment of Charles I'reake as Inspector and Crystal Crosby as Assistant Inspector under the Vehicles for Hire By-law We are requesting that the following resolution be presented to Common Council for approval: RESOLVED, that as recommended by the City Manager, the following resolution be adopted: WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, (the "Local Governance Act") including the Vehicles for Hire By-law, By-law Number M-12, and amendments thereto, and it may designate an Inspector and Assistant Inspector for the administration and enforcement of said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance 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; 12 SAINT JOHN TRANSIT Saint John Parking Cormrwss�on Commission sur le 1 stationnerneni de saint John NOW THEREFORE BE IT RESOLVED, that Charles Freake, is hereby appointed as Inspector and by-law enforcement officer for the administration and enforcement of the Vehicles for Hire By- law which received first and second reading by Common Council on July 9, 2018 and third reading on July 30, 2018, being enacted under the Local Governance Act, effective immediately, and this authorization shall continue until he ceases to be an employee of Saint John Transit, a commission of The City of Saint John or until rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Crystal Crosby, is hereby appointed as Assistant Inspector and by-law enforcement officer for the administration and enforcement of the Vehicles for Hire By- law which received first and second reading by Common Council on July 9, 2018 and third reading on July 30, 2018, being enacted under the Local Governance Act effective immediately, and this authorization shall continue until she ceases to be an employee of Saint John Transit, a commission of The City of Saint John or until rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Charles Freake and Crystal Crosby are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Vehicles for Hire By-law, effective immediately, and this designation and authorization shall continue until they cease to be employees of Saint John Transit, a commission of The City of Saint John or until it is rescinded by Common Council, whichever comes f rst. Yours truly, Ian MacKinnon Chief Executive Officer, Saint John Transit and Parking Commissions /km 13 Q�T= �Yuji -1 COUNCIL REPORT M&C No. 2018-254 Report Date September 14, 2018 Meeting Date September 24, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Program Contribution Agreement —NB Power Commercial Buildings Energy Efficiency Retrofit Program for City of Saint John Facilities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Samir Yammine Kevin Fudge I Neil Jacobsen RECOMMENDATION That Common Council adopt the following resolution: 1. RESOLVED that Common Council approve the Energy Smart Program Agreement, NB Power Commercial Buildings Energy Efficiency Retrofit Program (the Incentive Program) in the form submitted to Common Council at its open session meeting of September 10, 2018; and 2. FURTHER BE RESOLVED that the Mayor and Common Clerk be authorized to execute the Incentive Program Agreement for each of the buildings identified in Schedule "A" which Schedule was attached to correspondence from the City Manager in this matter and submitted to Common Council at the aforesaid September 10, 2018 meeting. EXECUTIVE SUMMARY The purpose of this report is for the City of Saint John to enter into Program Contribution Agreement with New Brunswick Power Corporation for each of the Buildings listed in Schedule A, and authorized Mayor and Common Clerk to sign the Program Contribution Agreement for each of the Buildings Listed in Schedule A. The objective of this Agreement is to offer the City of Saint John financial incentives toward costs incurred for implementation of Energy Conservation Measures (ECM) for City owned Buildings, Water & Sewage Facilities and Commission buildings. 14 sa PREVIOUS RESOLUTION On November 14, 2016, Common Council (M&C 2016-262) resolved to enter into a Contribution Agreement with NB Power to participate in an incentive program for implementation of ECM for City buildings, Water & Sewage Facilities and Commission buildings. REPORT The Program Contribution Agreement will provide financial incentives to the City of Saint John to help offset the eligible costs of a comprehensive energy audit, as well eligible costs associated with the implementation of Energy Conservation Measures (ECM) on City Buildings. The financial incentives available to the City of Saint John are described as: Energy Audit Incentive: • Class I ( up to 15,000 ft2) $1,100 • Class II (15,000-75,000 ft2) $2,200 • Class III (> 75,000 ft2) $3,300 Energy Efficiency Measures Implementation Incentive • $30/Gega-Joules (GJ) saved up to a maximum $75,000 per building for all building sizes. This Program Contribution Agreement is well align with the City of Saint John Plan SJ policies and objectives, Municipal Energy Efficiency Program (MEEP) goals, Integrated Community Sustainability Plan (ICSP) visions and Asset Management Policy & Strategy. Plan cl • Reduces the City's ecological footprint and strives toward greater long term environmental sustainability for future generations • Conserves energy and reduces energy use through sustainable Building design, alternative energy systems and reduced auto Dependence • Develops effective policy on climate change and integrates mitigation And adaption actions that can be influenced through land use policy 15 -3 - Working with the Government of New Brunswick, the Government of Canada and relevant agencies to reduce local emissions of greenhouse gases Municipal Energy Efficiency Program (MEEP) • Reduce GHG emissions and Energy Consumption • Develop a Community Energy Plan (new) Integrated Community Sustainability Plan (ICSP) • Saint John leads the nation as an example of a sustainable community • Sustainability Themes on the Environment: We have an inherent responsibility and are dedicated to living in balance with our natural settings and decreasing our demands on finite natural resources Asset Management Policy & Strategy: • Improve the decisions related to the management of the City's assets • Implement asset management activities to define and quantify asset lifecycle needs based on risk, lifecycle cost (including the cost of greenhouse gas emissions) and service provision. SERVICE AND FINANCIAL OUTCOMES The Program Contribution Agreement will not bind the City of Saint John to any financial, technical and work obligation. The City of Saint John will have the option whether to implement all or none of the Energy Conservation Measures (ECM) as indicated in the statement of work. However, payment will only be provided for work completed within the thirty six (36) months term of the Agreement from the date of the final signature ❑��Il►jr�:Z�1uI�j/:I�:�i�:79[���L'7��F��►►�I���r�►:I�:[�]��7�:�j The City Solicitor has reviewed and approved the Incentive Program Agreement as to form and legality and has prepared the recommended resolution. ATTACHMENTS Program Contribution Agreement Energy Smart Program Guide Schedule "A" list of Buildings 16 NB Power's Commercial Building Retrofit Program Program Agreement NB Power Commercial Buildings Energy Efficiency Retrofit Program THIS INCENTIVE PROGRAM AGREEMENT made as of this day of , 2018. (Dated by NB Power) BETWEEN: New Brunswick Power Corporation, a Crown corporation and agent of the Crown under and by virtue of the Electricity Act, SNB 2013, c 7, with its principal place of business at 515 King Street, PO Box 2000, Fredericton, NB, E313 4X1, (hereinafter called "NB Power") AND: City of Saint John a body corporate, duly incorporated under and by virtue of the laws of the Province of New Brunswick, with its principal place of business at 15 Market Square, PO Box 1971, Saint John New Brunswick E21L 4L1 (hereinafter called the "Participant") WHEREAS NB Power is seeking to assist existing commercial building owners and operators in making their buildings more energy efficient; and WHEREAS the Participant owns, operates and/or occupies a commercial building located at 120 Market Place, Saint John New Brunswick E2M 4L1 and the Participant represents that the commercial building is an Eligible Facility and meets the eligibility requirements as set out in the Energy Smart Program Guide (the "Program Guide", a copy of which is attached as Schedule A and forms part of this Agreement) and the eligibility requirements as set out hereinafter set out; and WHEREAS NB Power is willing to provide and the Participant is interested in receiving financial incentives toward the eligible costs of implementing the Eligible Measures at the Eligible Facility in the manner and upon the terms and conditions set out in the Program Guide and as hereinafter set forth; and NOW THEREFORE, in consideration of the foregoing and the mutual promises herein set forth, along with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: DEFINITIONS Any capitalized term used herein and not defined shall have the meaning ascribed to such term in the Program Guide (attached as Schedule A). 2 FINANCIAL INCENTIVES NB Power will provide financial incentives to the Participant to help offset the eligible costs of a comprehensive energy audit carried out by an approved EMSP, as well as eligible costs associated with implementing Eligible Measures in the Eligible Facility as submitted by the Participant in the prescribed Statement of Work form in the manner and upon the terms and conditions set forth herein and in the Program Guide (see attached Schedule A). The specific financial incentives available to the Participant are generally described as: Page 1 of 8 1 800 663-6272 www.nbpower.com Version 5.2 2.1 Phase I - Energy Audit Incentive Subject to Paragraph 3.1 below, NB Power will contribute 50% of the cost of the comprehensive energy audit (up to the maximum dollar amount shown per building class in the chart immediately below) to assist the Participant in determining the potential for implementation of Energy Efficiency Measures ("EEMs") in the Eligible Facility: 2.2 Phase II - Eligible Measures Implementation Incentive NB Power will offer performance based financial incentives toward costs incurred by the Participant for implementation of EEMs at the Eligible Facility as recommended by the Participant's Energy Management Service Provider (EMSP); provided that the EEMs have been pre -approved by NB Power and qualify as Eligible Measures. All EEMs chosen by the Participant for implementation must be submitted to NB Power in the Statement of Work form provided to the Participant by the EMSP. Performance based financial incentives will be calculated by NB Power as a dollar per energy unit basis of energy consumption avoidance. The unit of energy is measured in Giga -joules (GJ). The maximum EEM Implementation Incentive that may be received by the Participant is $30/GJ saved to a maximum of $75,000 for all building sizes. The amount of the implementation incentive payable for Eligible Measures implemented at an Eligible Facility will be determined in the sole discretion of NB Power and will be based upon energy savings to be realized as estimated by the EMSP and set out in the energy audit PAYMENT CLAIMS 3.1 Phase I - Energy Audit Incentive Prior to the issuance of the Energy Audit Incentive, the Participant must comply with the all of the terms and conditions contained in the Program Guide (see Schedule A), as well as those outlined herein, including: a) The Eligible Facility must be owned, operated or occupied by the Participant. b) The Eligible Facility must meet the edibility requirements set out in the Program Guide (see Schedule A). c) The Program Agreement must be signed, witnessed, dated and returned to NB Power. d) The Participant must provide NB Power with a minimum of twelve (12) months of historical energy consumption and one month's copy of utility bills for each energy source used in the Eligible Facility. e) The comprehensive Energy Audit must be conducted by an EMSP approved by NB Power. (View List: https://www.nbpower.com/media/679846/emsp-directory.pdf) f) The comprehensive Energy Audit Report, meeting NB Power's requirements (as set out in the Program Guide attached as Schedule A), must be received by NB Power from the EMSP along with the completed two (2) page NB Power Summary Report Form. g) The EMSP must submit to NB Power proof of payment by the Participant for energy audit services rendered. Page 2 of 8 Energie NB Power Class II (medium) Class I (small) 1,394 - 6,968 m2 Class III (large) , 1,394 m2 (, 15,000 ft2) (15,000-75,000 ft2) > 6,968 m2 (75,000 ft2) Max $1,100 Max $2,200 Max $3,300 2.2 Phase II - Eligible Measures Implementation Incentive NB Power will offer performance based financial incentives toward costs incurred by the Participant for implementation of EEMs at the Eligible Facility as recommended by the Participant's Energy Management Service Provider (EMSP); provided that the EEMs have been pre -approved by NB Power and qualify as Eligible Measures. All EEMs chosen by the Participant for implementation must be submitted to NB Power in the Statement of Work form provided to the Participant by the EMSP. Performance based financial incentives will be calculated by NB Power as a dollar per energy unit basis of energy consumption avoidance. The unit of energy is measured in Giga -joules (GJ). The maximum EEM Implementation Incentive that may be received by the Participant is $30/GJ saved to a maximum of $75,000 for all building sizes. The amount of the implementation incentive payable for Eligible Measures implemented at an Eligible Facility will be determined in the sole discretion of NB Power and will be based upon energy savings to be realized as estimated by the EMSP and set out in the energy audit PAYMENT CLAIMS 3.1 Phase I - Energy Audit Incentive Prior to the issuance of the Energy Audit Incentive, the Participant must comply with the all of the terms and conditions contained in the Program Guide (see Schedule A), as well as those outlined herein, including: a) The Eligible Facility must be owned, operated or occupied by the Participant. b) The Eligible Facility must meet the edibility requirements set out in the Program Guide (see Schedule A). c) The Program Agreement must be signed, witnessed, dated and returned to NB Power. d) The Participant must provide NB Power with a minimum of twelve (12) months of historical energy consumption and one month's copy of utility bills for each energy source used in the Eligible Facility. e) The comprehensive Energy Audit must be conducted by an EMSP approved by NB Power. (View List: https://www.nbpower.com/media/679846/emsp-directory.pdf) f) The comprehensive Energy Audit Report, meeting NB Power's requirements (as set out in the Program Guide attached as Schedule A), must be received by NB Power from the EMSP along with the completed two (2) page NB Power Summary Report Form. g) The EMSP must submit to NB Power proof of payment by the Participant for energy audit services rendered. Page 2 of 8 Energie NB Power h) No retrofit or upgrade work associated with the recommended EEMs outlined in the Energy Audit Report have been started at the Eligible Facility. 3.2 Phase II - Energy Efficiency Measures Implementation Incentive Prior to the issuance of the Energy Efficiency Measures Implementation Incentive the Participant must comply with the requirements contained and complete the step set out in the Program Guide. In addition, the Participant agrees to comply with all of the following terms and conditions: a) Inspections: Participant agrees to provide NB Power representatives with access during normal working hours to the Eligible Facility and all records related to the implementation of Eligible Measures as reasonably requested, both pre and post retrofit, in order to verify equipment characteristics, quantities, and performance. b) Option to Terminate: If, in the opinion of NB Power, no demonstrable progress has been made toward implementing the Eligible Measures during any period of thirty six (36) months following the execution of this Agreement, NB Power retains the right to terminate the Agreement and shall be under no further obligation to make any payment to the Participant under the Agreement. If this occurs, written notice shall be issued to the Participant. c) Accuracy of Savings Estimates: Participant acknowledges that, due to the variability of factors affecting energy consumption and demand within a building and/or facility, it is not possible to predict energy conservation and demand reduction with absolute accuracy, and that by providing information in good faith concerning the benefits and energy saving strategies and by entering into this Agreement, NB Power is in no way liable or responsible for the actual energy cost avoidance realized by the Participant as a result of a retrofit project and participation in the Energy Smart Program. d) No Guarantee/Warranty: Participant acknowledges that NB Power does not endorse any particular product, system, manufacturer, consultant, contractor, supplier, or installer of products. All decisions regarding the selection, design, installation, use, and operation of equipment or system associated with the retrofit project shall be made at the sole discretion and are the sole responsibility of the Participant. e) Information Requirements: Participant agrees to provide NB Power permission to access future utility and other energy consumption data upon written request where these results and/or the energy audit results may be used for reporting quality assurance and/or promotional uses. NB Power will manage Participant information according to the requirements of the Right to Information and Protection of Privacy Act, New Brunswick (`RTIPPA') f) Audit: Payments made to the Participant by NB Power under the terms and conditions of this Agreement are subject to financial and technical audit by NB Power. Upon request by NB Power, the Participant will provide to NB Power, or its assigned representative, access to all relevant financial and technical records related to the Eligible Measures for which financial incentives were received. Such information may include, but not be limited to: • Financial information such as invoices, receipts and vouchers incurred by the Participant and proof of payments made to substantiate the incurring costs; • Technical information such as drawings, energy data, and reports required to assess the implementation and environmental performance of the EEMs and Eligible Measures; and • Physical access to implemented EEMs and Eligible Measures. Page 3 of 8 1 800 663-6272 www.nbpower.com Version 5.2 The Participant shall maintain proper books and records in accordance with generally accepted accounting principles. Such records shall be maintained for a period of seven (7) years from the date of this Agreement and shall be made available to NB Power for audit purposes for the same duration. If, at any time, any discrepancy is identified between the amounts paid to the Participant by NB Power and the amounts actually payable under this Agreement, the appropriate adjustments shall be promptly made between the parties. If there has been an overpayment by NB Power, the amount of the overpayment shall constitute a debt due to NB Power and may be so recovered. g) Right of Set -Off: Without restricting any right of set-off given or implied by law, NB Power may set-off against any amount payable to the Participant under this Agreement, any amount payable to NB Power by the Participant under this Agreement or under any other agreement. Without restricting the generality of the foregoing, NB Power may, when making payment, deduct from the amount payable any amount which is then payable to NB Power or the Province of New Brunswick by the Participant under any agreement or otherwise, or which by virtue of the right of set-off, may be retained by NB Power. 4 PAYMENT TERMS Subject to the terms and conditions of this Agreement, following receipt of a claim, acceptable to NB Power, NB Power will pay the Participant in accordance with the payment terms outlined in Program Guide (see Schedule A" 5 TERM OF AGREEMENT Subject to early termination as set out herein, the term of this Agreement will be for thirty six (36) months from the date of final signature. 6 DEFAULT 6.1 If, in the opinion of NB Power, there has been a misrepresentation or the Participant fails to proceed diligently or fails to submit the Statement of Work, or is otherwise in default in carrying out any of the terms, conditions, covenants, or obligations of this Agreement, or if the Participant becomes bankrupt or insolvent, or has a receiving order made against it (either under the Bankruptcy and Insolvency Act or otherwise), or a receiver is appointed, or the Participant makes an assignment for the benefit of creditors, or if an order is made or a resolution passed for the winding up of the Participant, or if the Participant takes the benefit of any statute for the time being in force relating to bankrupt or insolvent debtors, NB Power may, by giving notice in writing to the Participant, exercise any or all of the following remedies: a) Terminate the whole or any part of this Agreement; b) Terminate the obligation on the part of NB Power to pay any monies in respect of the Statement of Work, including monies due or accruing due; and c) Direct the Participant to repay forthwith all or any part of monies paid by NB Power pursuant to this Agreement and that amount is a debt due to NB Power and may be so recovered. Page 4 of 8 Energie NB Power 6.2 In the event of the termination of this Agreement by NB Power under paragraph 6.1, NB Power may, at its own discretion, pay to the Participant the share of the eligible costs of the Statement of Work completed to the date of termination. 7 TERMINATION 7.1 NB Power may give notice in writing of the specific Default to the Participant and request the latter to remedy it. If the Participant fails to remedy the specific Default within twenty (20) business days after the date of delivery of such written notice then this Agreement may be terminated immediately by further written notice of termination given by NB Power. 7.2 Notwithstanding the provisions herein, NB Power may terminate this Agreement by written notice to take effect immediately upon receipt of said notice by the Participant if: a) The Participant is found to be in Default pursuant to Section 6 of this Agreement. b) NB Power does not obtain adequate funding approval from its Board of Directors; c) The Energy Smart Program is terminated. 8 MISCELLANEOUS The division of this Agreement into articles and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa and words importing gender include all genders. 9 ASSIGNMENTS NOT PERMITTED - BINDING EFFECT NB Power shall be permitted, in its sole discretion and without requiring the consent of the Participant, to assign the benefits and obligations of the terms and conditions of the Agreement. An assignment by NB Power, as described above, shall free and relieve NB Power, from its liabilities and obligations under this Agreement and the Participant shall look to the assignee for performance of such liabilities and obligations. This Agreement shall not be assigned in whole or in part by the Participant without the prior written consent of NB Power and any assignment made without that consent is void and of no effect. 10 NO AGENCY OR PARTNERSHIP Nothing in this Agreement shall be construed to constitute one party as an agent, associate or partner of the other party. 11 NOTICES Wherever in this Agreement notice is required or permitted to be given or served by either party to or on the other, the notice shall be in writing and shall be delivered personally to the authorized designate or sent by prepaid, registered mail, or by facsimile or email addressed as set forth herein, and each such Page 5 of 8 1 800 663-6272 www.nbpower.com Version 5.2 notice shall be deemed given on the date of delivery namely three (3) days after mailing in the case of mail and two (2) hours from receipt of the facsimile transmission or email. No notice may be given by mail during a real or apprehended mail strike in Canada. The specified addresses may be changed from time to time by either party by notice as above provided. To NB Power: New Brunswick Power Corporation P.O. Box 2000 515 King Street Fredericton, New Brunswick E3B 4X1 Attention: Corporate Secretary and General Counsel With a copy to New Brunswick Power Corporation 35 Charlotte Street, Suite 101 Saint John, NB E2L 2H3 To the Participant: Name: Samir Yammine Company name: City of Saint John Client address 1: 15 Market Square PO BOX 1971 Client address 2: Saint John New Brunswick E2L 4L1 12 MEDIA The Participant agrees to allow NB Power to promote and/or make public announcements related to their participation in the Program. Neither party will issue or approve a news release or other public announcement concerning the transactions contemplated hereby without the prior written approval of the other party as to the contents of such announcement and its release except as required by law. Furthermore, the Participant will not, without NB Power's express prior written permission or direction, use in advertising, publicity, or otherwise, any trade name, trademark, trade device, service mark, symbol, code, or specification or any abbreviation, contraction, or simulation thereof of NB Power nor shall the Participant claim ownership therein. 13 GOVERNING LAW This Agreement and any disputes shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein. The Participant agrees that this Agreement supersedes any custom, usage, agreement or term implied by law to the contrary. 14 WAIVER, AMENDMENTS Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the Party to be bound thereby. No waiver of any provision of this provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any Page 6 of 8 Energie NB Power provision of this Agreement constitute a continuing waiver or operate as a waiver of, or estoppel with respect to, any subsequent failure to comply, unless otherwise expressly provided. 15 ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties (Participant and NB Power) with respect to the subject matter of this Agreement and supersedes all previous negotiations, communications, and other agreements, whether written or verbal between the parties. Except as otherwise specifically set forth in this Agreement, neither party makes any representation or warranty express or implied, statutory or otherwise to the other. NB Power is under no obligation to provide payment of funds for Energy Efficiency Measures commenced or installed prior to the approval and signing of this Agreement. 16 ORDER OF INTERPRETATION In the event of a conflict or inconsistency between the terms of this Agreement and those contained in the Schedules, then the terms of this Agreement shall prevail and govern the interpretation thereof. 17 CONTRA PROFERENTEM RULE NOT APPLICABLE Should any provision of this Agreement require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it is agreed that both parties, directly or through their agents , have participated in the preparation hereof. 18 COUNTERPARTS PERMITTED The Agreement and any amendment of this Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute one and the same instrument. To evidence the fact that it has executed this Agreement, each party respectively may deliver a copy of its executed counterpart to the other party by facsimile transmission, and together, such executed facsimile counterparts form a complete, executed and binding Agreement. Words in the singular include the plural and vice versa. Words implying gender include their genders where the context so requires. 19 THIRD PARTY BENEFICIARIES Nothing contained in this Agreement is intended for the benefit of third persons and no third party may claim for damages or otherwise to enforce any such benefit. Page 7 of 8 1 800 663-6272 www.nbpower.com Version 5.2 20 SEVERABILITY If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not affect, impair or invalidate the remainder of this Agreement. 21 SURVIVAL Any ownership, payment, confidentiality and limitation of liability provisions in this Agreement shall survive the expiration or termination of this Agreement. 22 ACKNOWLEDGEMENT The parties acknowledge that he/she has read this Agreement and the following Schedule and that it is incorporated into and forms part of this Agreement: a) Schedule A - Energy Smart Program Guide 23 AUTHORITY TO EXECUTE Each party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement. Each person who executes this Agreement on behalf of either party represents and warrants it has full and complete authority to do so and such party will be bound thereby. SIGNED, SEALED & DELIVERED In presence of: Date: SIGNED, SEALED & DELIVERED In presence of.- Witness f: Witness Date: NEW BRUNSWICK POWER CORPORATION per: per: Company Name: City of Saint John per: Client Date: Page 8 of 8 Energie NB Power Program Guide NB Power Commercial Buildings Retrofit Program Version 5.7 March 2017 www.nbpower.com Energie NB Power TABLE OF CONTENTS 1.0 PROGRAM INTRODUCTION...............................................................1 2.0 ELIGIBILITY AND REQUIREMENTS.......................................................1 2.1 ELIGIBLE BUILDING TYPES........................................................2 2.2 INELIGIBLE BUILDING TYPES......................................................2 2.3 MANDATORY BUILDING REQUIREMENTS.........................................2 2.4 ELIGIBLE MEASURES...............................................................3 2.5 INELIGIBLE MEASURES.............................................................4 2.6 MANDATORY APPLICATION REQUIREMENTS....................................4 3.0 FINANCIAL INCENTIVES...................................................................5 3.1 NB Power AUDIT INCENTIVES..................................................... 5 3.1.1 Buildings................................................................................... 5 3.1.2 Water and Wastewater Treatment Plants and Pumping Stations .................. 6 3.2 NB Power IMPLEMENTATION INCENTIVES.......................................6 3.2.1 Buildings................................................................................... 6 3.2.2 Water and Wastewater Treatment Plants and Pumping Stations .................. 6 4.0 PROGRAM STEPS...........................................................................6 5.0 AUDIT REQUIREMENTS...................................................................8 6.0 GET STARTED!........................................................................... 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide 1.0 PROGRAM INTRODUCTION NB Power offers the Commercial Buildings Retrofit Program. The primary objective is to assist owners and operators of commercial buildings to implement energy efficiency projects in order to reduce electricity consumption, increase competitiveness, and produce a healthier and more comfortable workspace. The Commercial Building Retrofit Program provides financial incentives to assist Commercial Buildings to identify projects and to offset the capital cost of the implementation of the eligible upgrades. These incentives are: a) Up to $3,300 towards an audit to determine the potential for energy efficiency upgrades in a commercial building; and, b) Up to $75,000 towards the implementation of the electricity efficiency upgrades chosen. The implementation funding is on a `per gigajoule saved' basis and is intended for projects that have not yet been started. This incentive encourages the implementation of multiple measures in projects that would not proceed or which would proceed on a significantly smaller scale without assistance. More details are outlined in Section 3 - Financial Incentives. Important Note: Please do not start the retrofit project or incur costs until all parties have signed a Program Agreement and notification of approval from NB Power has been received. The current Commercial Building Retrofit Program is available to all qualifying buildings on a first-come, first- serve basis. More specifically, requirements for participation in the Commercial Building Retrofit Program will be considered as they are received, and approval and allocation of qualified incentive funds will occur on a first-come, first -serve basis. 2.0 ELIGIBILITY AND REQUIREMENTS It is important to read all the requirements in this section. Both building types and mandatory building requirements must be met in order to be eligible for the program and the subject building must contain eligible measures. VV Page 1 of 10 Energis NB Power NB Power Commercial Buildings Retrofit Program Program Guide 2.1 ELIGIBLE BUILDING TYPES The following types of buildings are eligible: • Commercial or institutional buildings such as, but not limited to: agricultural buildings, arenas, grocery stores, health care facilities, hotels, institutional buildings (colleges, hospitals, schools, universities, nursing homes), office buildings, places of worship, recreational facilities, restaurants, retail buildings, stand-alone warehouses, water and wastewater treatment plants and pumping stations. • Municipal buildings. • Multi -unit residential buildings that have 3 or more units. • Mixed-use commercial/residential buildings, including houses that have been modified for commercial use. • Multi-building/national accounts, NB Power will accept multi -building owners that have similar building types such as franchisees, drug store chains, food chains, etc. NB Power has a customized approach for these types of building owners. Please contact NB Power for further information. • Occupancy changes within a building. NB Power will accept any building type where a change in occupancy will be occurring during the renovation. Special audit requirements for buildings changing their occupancy type are detailed in Section 5 - Audit Requirements. • Added capacities within a building are acceptable as long as the addition will save energy in comparison to the current common equipment that would have been installed without an energy consult. An example of adding capacity: A building currently does not have air conditioning but energy efficient air conditioning will be added to the building post energy audit. Special audit requirements for buildings adding capacity are detailed in Section 5 - Audit Requirements. 2.2 INELIGIBLE BUILDING TYPES The following types of buildings are not eligible for this program but may be eligible for other NB Power programs. More information can be found at www.nbpower.com • Manufacturing facilities (including attached warehouses and facilities) where 50% or more of the energy consumed at the facility is used in the manufacturing process. • Residential buildings such as houses, duplexes and townhouses. • Provincial or federally owned buildings 2.3 MANDATORY BUILDING REQUIREMENTS Eligible buildings as listed in Section 2.1 must also meet other requirements as follows: • The building must be 2 years old or more. • The building(s) must have a permanent address in New Brunswick. • The organization must own, manage or lease the buildings. • A one year summary or baseline of the utility bills must be provided. 0 Page 2 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide A copy of one month's electricity bill must be provided regardless of whether or not a tenant is responsible for the utility bills. If a building is connected to another structure, the following requirements apply: o If the space is connected to another structure such as through a pedway or if it is served by a district heating or cooling plant, it must be clearly distinguishable as an independent unit and have a separate utility meter or a detailed engineering analysis to support the current energy use and consumption profile. o A building consisting of two wings with a common wall and a common heating system will be considered as one building. o Multiple eligible buildings served by a central heating plant with the same owner are eligible. 2.4 ELIGIBLE MEASURES NB Power will accept all proven electricity saving measures that have been tested and/or approved by a recognized third party such as Canadian Standards Association (CSA), the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), the Illuminating Engineering Society of North America (IESNA) or similar organizations that lead to a reduction in electricity use. To maximize potential savings and incentive amount, multiple measures in each building are required in the energy audit report. Section 5 - Audit Requirements provides further information. For measures to be eligible they need to provide electricity savings. The following are some common examples that can be eligible if they will result in electricity savings: • Interior and exterior lighting including electronic and/or electromagnetic ballasts, reflector systems, controls, efficient lamps (ex: HPT8 or T5 fluorescents), light -emitting diodes (LED), photo luminescent exit signs, high-intensity discharge (HID) lighting, and Induction lighting. • Building envelope, including insulation (for roof, walls, and basement/slab), air -gap sealing and glazing. • Energy Management Controls Systems (EMCS), including direct digital controls (DDC), occupancy/ motion sensors, thermostats, photocells and direct load controls. • Water heating, including high -efficiency water heaters, heat pumps, solar -assisted technology, heat traps and repairs. • Motors, including high -efficiency motors and variable speed/variable frequency drives (VSD/VFD). • Heating, Ventilation and Air -Conditioning (HVAC) systems, including chillers and boilers, economizers, control systems, variable air -volume (VAV) systems, pipe insulation, heat pumps, space heaters, air conditioners, systems for thermal storage and heat recovery systems. • Replacement equipment or major appliances that are essential to your operations such as commercial refrigeration equipment, process equipment, commercial dishwashers or commercial washers and dryers. (only electrical appliances will be considered) • Geothermal projects such as ground source heat pumps designed and installed by "Canadian GeoExchange Coalition (CGC) Accredited Professional" companies (found at www.eo-exchanQe.ca) and according to CAN -CSA C448. • Renewable energy including solar, wind, biomass and methane capture from waste streams where the energy generated will displace electrical energy consumption currently supplied by a New Brunswick utility company. 0 Page 3 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide NB Power will consider other proven electricity -saving measures with verifiable costs that result in a net reduction in electricity consumption. 2.5 INELIGIBLE MEASURES The following are examples of ineligible measures: • Projects or measures that do not reduce electricity consumption. • Projects or measures that are already in progress or that have already been completed. • Projects in new buildings or new additions to buildings. A new building is defined as a building where construction was completed less than 2 years ago. • New or unproven technologies not yet substantiated by a recognized third party such as the Canadian Standards Association (CSA), the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), the Illuminating Engineering Society of North America (IESNA) or similar organizations. • Household appliances that are designed for residential use such as residential refrigerators, residential ranges, residential clothes washers and dryers, and residential dishwashers. • Portable equipment such as lamps and desk fans. • Electronic equipment such as desktop computers and fax machines. • Measures which take the equipment outside its operating range and that can negatively impact equipment life (e.g., voltage reduction). • Fuel switching. In cases where new electrical equipment is being installed, this equipment may be eligible for an incentive for the incremental savings between baseline electrical equipment and high efficiency equipment. 2.6 MANDATORY APPLICATION REQUIREMENTS When submitting applications, the following information and materials must be included: As described in Section 4 of this guide, (Step 2) SCHEDULE YOUR ENERGY AUDIT: participants shall contact an Energy Management Service Provider who will conduct the audit and will complete and submit the application form electronically in its entirety. The application must be for a building two years of age or older. The retrofit project must not incur any eligible costs until all parties have signed the Program Agreement and NB Power has sent notification of approval. The notification of approval will be sent once NB Power has reviewed and approved the Statement of Work. Incurred costs refer to eligible costs for goods that have been received and/or services that have been rendered related to procurement or installation of the proposed measures. The proposed project(s) must have a simple payback period that is at least one year in order to be eligible for an implementation incentive; where the proposed project is defined as all recommended energy efficiency measures being implemented. Individual energy efficiency measures within the proposed project are permitted to have paybacks of less than one year and, if necessary, the eligible incentive amount will be limited to ensure that the total simple payback period is not less than one year. The simple payback per measure and the total simple payback should be detailed in the energy audit report. The audit may include multiple buildings, but a separate Application for each building is required. 0 Page 4 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide • All implementation of approved energy efficiency projects must be completed within 18 months of the date NB Power signed the Program Agreement. o Implementation of approved energy efficiency projects for Municipalities and Campuses must be completed within 36 months of the signed Program Agreement. ■ Municipalities and campuses are eligible to apply for implementation incentives once per year up to a maximum of three (3) implementation claims within the aforementioned 36 months. • Buildings that have previously received incentives through the Commercial Building Retrofit Program in a given fiscal year are not eligible to apply to enter the program again in that same fiscal year. • If a building has completed an energy audit and received an audit incentive only but did not complete any upgrades or receive any upgrade incentives within the Program Agreement timeline then NB Power will accept a new energy audit at the expense of the participant. We will then issue a new Program Agreement with a new timeline and pay implementation incentives for any upgrades that are completed within that timeline. Exceptions will be made for building ownership change. • If a building participant is in the process of upgrades and the upgrades will not be completed within the Program Agreement timeline, then the participant must contact NB Power to discuss and formally request an extension to the timeline, NB Power will then determine if an extension is acceptable and send a letter approving or declining the extension. • Audits that have been completed in the past but no upgrades implemented will be accepted provided that they are no more than 3 years old (if you have an audit that is older than three years please contact the NB Power Energy Efficiency Services to discuss the best path forward). • If new measures or measures that were not identified within the original audit are now of interest to the participant, NB Power will accept amendments up to 6 months prior to the Program Agreement expiration date. The participant should contact NB Power prior to any new measures being done to ensure the amendment is acceptable. 3.0 FINANCIAL INCENTIVES 3.1 NB Power AUDIT INCENTIVES 3.1.1 Buildings * 50% of audit up to maximum shown 0 Page 5 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide 3.1.2 Water and Wastewater Treatment Plants and Pumping Stations NB Power has developed a custom approach for Water It Waste Water Treatment Plants (WTP int WWTP) and their respective pumping/lift stations. WTP's Et WWTP's are eligible to receive 50% of their energy audit costs up to $2,200. Pumping/Lift stations are considered part of their respective treatment facility and are eligible for an additional audit incentive of 50% of audit costs up to $1,100 maximum total for all associated pumping stations. 3.2 NB POWER IMPLEMENTATION INCENTIVES 3.2.1 Buildings The incentive is $30/GJ saved, up to a maximum of $75,000, for all building sizes. 3.2.2 Water and Wastewater Treatment Plants and Pumping Stations The incentive for the implementation of energy efficiency measures is based on amount of energy saved. Each water and wastewater treatment plant is eligible for an incentive of $30/GJ saved up to a maximum of $75,000. The group of associated pumping stations for each water and wastewater treatment plant are also eligible for an incentive of $30/GJ saved up to a maximum of $75,000. 4.0 PROGRAM STEPS STEP 1 CONTACT AN NB POWER COMMERCIAL ENERGY ADVISOR NB Power Commercial Energy Advisors will guide you throughout the Commercial Buildings Retrofit Program. Contact NB Power at 1 800 663-6272 option 5 or by email energysmart@nbpower.com STEP 2 SCHEDULE YOUR ENERGY AUDIT Contact a qualified Energy Management Service Provider (EMSP) to schedule an energy audit. The EMSP will perform the audit, discuss potential projects with you, prepare an audit report and submit an application on your behalf to NB Power. See our website for a list of qualified service providers that have successfully entered our program and a list of questions to ask EMSPs. It is the Participant's responsibility as the applicant to ensure that the professional selected has the necessary training, credentials and experience. Retaining the services of a competent energy professional throughout the project will help realize the estimated energy savings. Vol Page 6 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide EMSP Qualifications for all buildings: Either a Professional Engineer (P Eng), a Professional Technologist (P Tech), a Certified Engineering Technologist (CET), an Architect or a Certified Energy Manager (CEM) must perform the energy audit; this individual must have at least two years experience evaluating energy systems in commercial buildings. An Engineer -In -Training under the supervision of a P Eng., a P Tech or a CET with the two years experience is acceptable, but the supervisor must certify and sign the audit report. STEP 3 SUBMIT PROGRAM AGREEMENT The Commercial Building Retrofit Program kit will be sent to the Participant once the application has been received by NB Power. All necessary forms and information required to successfully participate in the program can be found in this kit. Please return to NB Power: Program Agreement: complete these forms, sign, and return the two copies to NB Power within 30 days. After the EMSP has submitted proof of payment, the audit rebate will be issued within 60 days. Acceptable proof of payment is a copy of a paid invoice or a submittal by the EMSP indicating the audit amount and that the participant has paid the EMSP in full. NB Power requires that a signed Program Agreement and the Audit Report be sent to NB Power before an audit incentive payment is issued. If payment has not been received and a signed Program Agreement has been submitted please contact your EMSP. See Section 3.1 for a detailed look at audit incentives available. STEP 4 SUBMIT THE STATEMENT OF WORK Once the audit report has been received, the Statement of Work can be submitted to NB Power. The audit report provides detailed information on potential energy efficiency projects along with their estimated costs, energy savings, and an estimate of the time it will take for the investment to be paid back as a result of energy savings. The Statement of Work documents the energy efficiency projects that will be implemented. When the decision has been made to go ahead with some, or all, of the recommended measures in the audit report, enter these in the Statement of Work. Please send NB Power: Statement of Work: can be found in your Commercial Building Retrofit Program kit. It will inform NB Power of the measures that will be implemented to upgrade the building's level of energy efficiency. Vol Page 7 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide Once the measures have been selected (the complete list is in the audit report), complete the form indicating the intended projects and email/mail a signed copy to NB Power for approval, allowing a minimum of 45 days before construction is scheduled to start. STEP 5 RECEIVE APPROVAL TO GET STARTED NB Power will receive and review the completed Statement of Work and notification will be sent when the projects have been approved. Once the approval from NB Power is received, the participant can commence implementation of the energy efficiency measure upgrades. Important: No project work can begin prior to receiving approval of the Statement of Work from NB Power. STEP 6 SUBMIT REQUEST FOR PAYMENT At this point, all the upgrades have been completed. Congratulations. Now it is time to request the incentive payment. Please send NB Power: Request for Payment: describes the work that was completed. Complete and email/mail a signed Request for Payment along with copies of invoices, receipts, etc. Please send this within 90 days of completion of construction to ensure the payment is received in a timely manner. STEP 7 SITE INSPECTION A member of NB Power's staff may perform a site inspection to verify the energy efficiency measures that have been completed. STEP 8 RECEIVE INCENTIVE PAYMENT Once NB Power has approved your Request for Payment, the incentive for your energy efficient upgrades will be received within 60 days of NB Power receiving the claim and invoices. Please see Section 3.2 for more information on energy efficient upgrade incentives available. 5.0 AUDIT REQUIREMENTS NB Power requires a comprehensive energy audit for all buildings entering the program. A comprehensive audit is an onsite audit and subsequent report that investigates all building components for potential energy reduction opportunities. These measures can include but are not limited to: Vol Page 8 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide • building envelope • heating, ventilation and air conditioning (HVAC) • process equipment • plug loads • electrical equipment • commercial kitchen equipment • hot water • refrigeration • lighting • motors • demand control NB Power requires the energy audit to be comprehensive so that all options can be considered and the potential to increase electricity savings is made available. For example, where more efficient lights create less heat, it is beneficial that the audit report should indicate the extent to which this affects the building's heating load in winter and cooling load in summer. The comprehensive energy audit should include the following: • A written description of the physical characteristics of the building, as well as its current condition, age and construction type. • A description of the major existing equipment including lighting, all sources of heating and cooling, their energy consumption and fuel type as well as the manufacturer, model number, physical condition and years of service. • A description of the current building automation system (BAS), if applicable. This includes all systems and equipment under BAS control, vintage of the system as well as the type of control software and interface. • A complete breakdown of the building's current energy consumption by end-use type such as lighting, space cooling, space heating, water heating, ventilation, refrigeration and plug loads. • A complete breakdown of the building's highest monthly peak demand profile by end-use type such as ventilation heating, space heating, fan systems, pumping systems, humidifiers, etc. • An analysis of the recommended electricity saving measures and their resulting net effect on electricity consumption of other systems in the building. In support of NB Power's efforts to reduce the peak demand, the audit should describe reduction strategies and flexible load opportunities, such as, but not limited to: • Variability of supply and return fan motor speed with variable frequency drives; • Variability of other motor loads with variable frequency drives; • Variability of economizer damper position; • Short-term disabling of humidifiers; and, • Duty cycling of non-critical electrical equipment. The audit should describe both the current equipment and the recommended measures. The audit report needs to provide enough information for NB Power's technical staff to evaluate the proposal without requesting further details. 0 Page 9 of 10 Energie NB Power NB Power Commercial Buildings Retrofit Program Program Guide Include the recommended measures from the audit report that will be implemented on the Summary Report Form received in the Commercial Building Retrofit Program Kit. If capacity is being added (ex: adding air conditioning during the retrofit), a very small addition is being added, or the occupancy will be changed (ex: changing a building from a restaurant to apartments) a modelled approach is required. A baseline model as well as the intended equipment model must be included in the report. All the baseline assumptions must also be submitted. 6.0 GET STARTED! If you still have questions about the Commercial Building Retrofit Program after reading this guide and reviewing the accompanying forms, please contact us at: NB Power 35 Charlotte St., Suite 101 Saint John, NB E2L 2H3 506-643-7829 1-800-663-6272, press 5 (Toll -Free) 506-643-7835 (Fax) CEES-SEEC@nbpower.com www.nbpower.com Office hours: Monday to Friday from 8:30 a.m. to 4:30 p.m. (Atlantic) 0 Page 10 of 10 Energie NB Power Schedule A - List of Buildings for the NB Program Contribution MC # 2018-254 Building Name Civic # Street Name PID# Reversing Falls Restaurant 200 Bridge Road 55155485 Tourist Information Centre West 1509 Saint John 55011720 Lily Lake Pavillion 55 Lake Drive South 55181168 Canada Games Aquatic Centre 50 Union Street 00039222 Chipman Hill Pedway 22 Chipman Hill 55003073 St. Patrick Street Pedway 58 Saint Patrick Street 00039206 Aquatic Centre Pedway 50 Union Street 00037168 City Market Pedway 36 Germain Street 00039420 Mercantile Centre Pedway 0 Union Street 00037150 Harbour Station Pedway 70 Station Street 55119317 Lord Beaverbrook Rink 536 Main Street 00370346 Carnegie Building 20 Peel Plaza 00037499 Tilley Square Bandstand 90 Market Place 00418152 Loyalist Plaza 5 Pat Rocca Way 00018614 Peter G. Murray Arena 701 Dever Road 00036590 Hilton Belyea Arena 390 Lowell Street 00394940 Charles Gorman Arena 80 University Avenue 55221097 Stewart Hurley Arena 1500 Hickey Road 00313098 Leisure Services Offices 171 Adelaide Street 00375097 Leisure Services Maintenance Garage 171 Adelaide Street 00375097 Leisure Services Storage Building 171 Adelaide Street 00375097 Shamrock Park Clubhouse 200 Visart Street 00415208 Forest Hills Maintenance Depot/Office 707 Westmorland Road 00312157 Forest Hills Ball Field/Canteen 707 Westmorland Road 00312157 Dominion Park Clubhouse/Canteen 730 Dominion Park Road 00407890 Dominion Park Storage Building 730 Dominion Park Road 00407890 Seaside Lawn Bowling Clubhouse 520 Fundy Drive 00412429 Lancaster Memorial Clubhouse 224 Greendale Crescent 00036590 Lancaster Memorial Softball Field Scorers Booth / Washrooms 224 Greendale Crescent 00036590 Lancaster Memorial Hardball Field Scorers Booth 224 Greendale Crescent 00036590 Kings Square Bandstand 56 Charlotte Street 00032227 City Market 47 Charlotte Street 00039420 Rockwood Park Horse Barn 175 Fisher Lakes Drive 00052548 Rockwood Park Storage Building 169 Fisher Lakes Drive 00052548 Rockwood Park A Frame 191 Fisher Lakes Drive 00052548 Rockwood Park Driving Range 1099 Sandy Point Road 55059018 Rockwood Park Golf Clubhouse 1255 Sandy Point Road 00051383 Rockwood Park Golf Maint Bldg 1419 Sandy Point Road 55196380 Carleton Community Centre 120 Market Place 00361675 North End Community Centre 195 Victoria Street 00375980 Rockwood Park Interpretation Centre 10 Fisher Lakes Drive 00052548 Allison Grounds Washrooms 2 Tilley Avenue 00023028 Loyalist Burial Grounds 14 Sydney Street 00017566 Fire Station #1 47 Leinster Street 00018622 Fire Station #2 850 Loch Lomond Road 55157184 Fire Station #4 36 Courtenay Avenue 00347880 Fire Station #5 35 Adelaide Street 55155717 Fire Station #6 286 King Street West 00361428 Fire Station #7 41 Manchester Avenue 55094015 Fire Station #8 608 Millidge Avenue 55221709 Fire Department Training Centre 688 Grandview Avenue 55184840 Municipal Operations Complex 175 Rothesay Avenue 00019232 Municipal Operations Garage 175 Rothesay Avenue 00019232 Municipal Operations Gate House 175 Rothesay Avenue 00019240 Municipal Operations Lunch Room 175 Rothesay Avenue 00019240 Works West Office/Garage 1954 Manawagonish Road 55125330 Works West Salt Bldg. 1954 Manawa onish Road 55125330 37 Works North Garage/Offices 14 Mcintosh Street 00042614 Works East Garage/Offices 525 Mcallister Drive 55148001 Works East Salt Building 525 Mcallister Drive 55148001 Fallsview Park Washrooms 100 Fallsview Avenue 55053441 Lancaster Memorial Storage Building 224 Greendale Crescent 00036590 Transit Building 55 McDonald Street 55188825 Police Headquarters 1 Peel Plaza 00037465 Works West Storage/Salt Building 406 Bay Street 00361022 Rainbow Park 205 Sydney Street 55019731 Flemming Court Splash Pad 2 Flemming Court 00411918 Public Gardens Maintenance Building 48 Seely Street 00021238 Public Gardens Maintenance Building 48 Seely Street 00021238 Queen Square 180 Charlotte Street 00032219 Fundy Quay 5 Peters Wharf 55209167 Harbour Station 99 Station Street 00040048 Parking Garage 75 Carleton Street 05977943 Market Square Facilities 1 Market Square 55011878 Lorneville Ree Centre 1141 Lorneville Road 00285502 Parks Street Pumping Station 1 Mitchell Street 00024042 Somerset Street Pumping Station 510 Somerset Street 55038913 Spruce Lake Pumping Station 2528 Ocean Westway 00286559 Spruce Lake Pumping Station 2528 Ocean Westway 00286559 Westmorland Pumping Station 290 Westmorland Road Seaward Crescent Pumping Station and Well 14 Seaward Crescent 55029474 Ocean Drive Pumping Station and Well 103 Ocean Drive 55195341 Highland Road Pumping Station 147 Highland Road Westmount Drive Pump Station 1238 Kennebecasis Drive Champlain Heights Pumping Station 21 Champlain Drive 55108070 Latimer Lake Treatment Building 1200 Pipeline Road East 00335919 Lakewood Heights Water Tank 124 Willie Avenue 55172514 Lancaster Water Tank 681 Fundy Drive 55010664 Millidgeville Water Tank 707 Samuel Davis Drive 55058945 Golden Grove Road Pumping Station 200 Golden Grove Road 00373399 Lakewood Heights Pumping Station 31 Fish Hatchery Road 00331330 University Avenue Pumping Station 399 University Avenue 00047688 Musquash Pumping Station 1107 Route #7 00419481 Cottage Hill Water Tank 135 Cottage Road 55038988 Spruce Lake Water Tank 270 Water Tower Road 00286559 Churchill Heights Water Tank 45 Ocean Court 55169205 Rockwood Park Water Tank 420 Fisher Lakes Drive 00052548 Champlain Dr. South Lift Station 110 Champlain Drive 55124911 York Street Lift Station 24 York Street 04178881 Hickey Road Lift Station 1501 Hickey Road 00436584 McAllister Drive Lift Station 600 McAllister Drive 55159677 Woodlawn Park Lift Station 1335 Red Head Road 55005987 Pauline Street Lift Station 27 David Street 55001721 McAllister Industrial Park Lift Station 60 Whitebone Way 00434175 Rowanberry Lift Station 9 Rowanberry Terrace (Adjacent) Millidge Avenue Lift Station 1043 Millidge Avenue Cedar Point Lift Station 131 Rivershore Drive 55114854 Manners Sutton Lift Station 70 Manners Sutton Road Beach Crescent Lift Station 11 Beach Crescent 55013973 Carpenter Place Lift Station 1608 Saint John Throughway 55114524 Lorneville Lift Station 901 Lorneville Road 55161541 Ridgewood Lift Station 391 Manchester Avenue 55121776 A Station Lift Station 657 Dominion Park Road 00422642 B Station Lift Station 375 Dwyer Road 55030589 C Station Lift Station 515 Greenhead Road 00405951 X Station Lift Station 375 Greenhead Road 00407031 Y Station Lift Station 1736 1 Dever Road 00407866 99 Westgate Lift Station 47 Downsview Drive 55118731 Market Place Lift Station 240 Market Place 00380196 Monte Cristo Lift Station 62 Dantes Drive 55059380 One Mile Lift Station 223 Rothesay Avenue 00417899 Simpson Drive Lift Station 18 Simpson Drive 00298505 Walter Street Lift Station 9 Walter Street 55118277 Major's Brook Lift Station 534 Rothesay Avenue 00306787 Churchill Blvd. Lift Station 283 Samuel Davis Drive 55112478 Drury Cove Lift Station 60 Drury Cove Road 55175384 West Side Estates Lift Station 60 Glenwood Drive 55173520 Kennebecasis 1 Lift Station 1099 Kennebecasis Drive 55153209 Kennebecasis 2 Lift Station 300 Kennebecasis Drive 00052597 Moorings Lift Station 172 Manners Sutton Road 55160444 Sea St. Lift Station 599 Sea Street 55174684 Colpitts Lift Station 2285 Armstrong Road Gault Road Lift Station 300 Gault Road Spar Cove Road Lift Station 240 Bridge Street 00046656 Bayside Drive Lift Station #2 520 Bayside Rd 55208201 Bayside Drive Lift Station #3 20 Irving Rd East ( Near Causeway) 55217244 Bridge Street Lift Station #23 101 Bridge Street Busby Lift Station 146 Church Avenue 00033753 Crown Street Lift Station #8 238 Crown Street Douglas Avenue Lift Station 255 Douglas Avenue Chesley Drive Lift Station #10A 121 Chesly Drive 55214639 Elliot Row Lift Station #7 165 Elliot Row Fallsview Lift Station 100 Fallsview Avenue 55053441 Fallsview Drive Lift Station #30 443 Fallsview Drive Forest Hill Estates (Mountain View Drive Pumping Station) 20 Mountain View Drive 55116982 Fox Den Lift Station 1 Fox Den Court 55178099 Harbour Station Lift Station #10 21 Station Street Highland Road Lift Station #21 101 Highland Road Highland Road Lift Station #21A 203 Highland Road 00051409 Hitachi Crescent Pump Station 20 Hitachi Crescent 55213854 Kennedy Street Lift Station #24 121 Kennedy Street 55214738 King Street East Lift Station #7A 289 King St East Lily Lake Pavilion Lift Station 53 Lake Drive South 00052548 Majors Brook Drive Lift Station 65 Majors Brook Drive 55186357 Marsh Street Lift Station #5 60 Marsh Street 55217368 Lower Cove Loop Lift Station #9 12 Lower Cove Loop 55214373 Milford Road Lift Station #32 6 Milford Road 55212872 Mill Street Lift Station # 31 520 Mill Street 55219372 Red Head Road Lift Station #1 61 Red Head Road 55206130 Red Head Road Lift Station #50 271 Red Head Road 55206163 Riverview Drive Lift Station #28 85 Riverview Drive 55216931 Rockwood Park Interpretation Centre 142 Lake Drive South 00052548 Municipal Operations Lift Station #6 175 Rothesay Avenue Thorne Avenue Lift Station #4 25 Egbert Street 55116867 Tippet Drive Lift Station #33 651 Tippett Drive Millidgeville Treatment Facility 700 Woodward Avenue 00051771 Lancaster Treatment Facility 1210 Sand Cove Road 00403733 Eastern Wastewater Treatment Facility 441 Red Head Road 00337956 March Creek Treatment Plant 180 Thorne Avenue 00411710 Greenwood Treatment Facility 173 Karen Street 00425660 Morna Heights Treatment Facility 139 Bay Crescent Drive 00024364 City Line Lift Station 495 City Line 55233324 Pokiok Road Lift Station 115 Pokiok Road 55172837 Tilley Avenue Lift Station 1255 1 Gilbert Street 39 Q�T= �Oji -1 COUNCIL REPORT M&C No. 2018-263 Report Date September 18, 2018 Meeting Date September 24, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed 2019 Council Meeting Schedule OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Neil Jacobsen RECOMMENDATION That Common Council approve the attached 2019 Council meeting schedule REPORT The attached 2019 Council meeting schedule has been submitted for Council's review and approval. The schedule has followed the 2018 schedule by allowing for a Council meeting every third week from June until September Click here to enter tex ATTACHMENTS Proposed 2019 Council meeting schedule. .m PROPOSED 2019 COMMON COUNCIL MEETING SCHEDULE Regular Council meetings commence at 6:00 pm in the Council Chamber. Committee of the Whole meetings begin at 4:30 pm in the 8t" Floor Boardroom of City Hall and precede the regular Council meetings. January 2, 2019 (Wednesday) NO MEETING January 7, 2019 NO MEETING January 14, 2019 REGULAR MEETING with Public Hearing January 21, 2019 No meeting scheduled -only if required January 28, 2019 REGULAR MEETING with Public Hearing February 4, 2019 No meeting scheduled - only if required February 11, 2019 REGULAR MEETING February 19, 2019 (Tuesday) No meeting scheduled - only if required February 25, 2019 REGULAR MEETING March 4, 2019 No meeting scheduled -only if required March 11, 2019 REGULAR MEETING with Public Hearing March 18, 2019 No meeting scheduled -only if required March 25, 2019 REGULAR MEETING April 1, 2019 No meeting scheduled - only if required April 8, 2019 REGULAR MEETING with Public Hearing April 15, 2019 No meeting scheduled - only if required April 23, 2019 (Tuesday) REGULAR MEETING April 29, 2019 No meeting scheduled - only if required May 6, 2019 REGULAR MEETING with Public Hearing May 13, 2019 No meeting scheduled - only if required May 21, 2019 (Tuesday) REGULAR MEETING May 27, 2019 No meeting scheduled - only if required June 3, 2019 REGULAR MEETING with Public Hearing June 10, 2019 No meeting scheduled -only if required June 17, 2019 REGULAR MEETING June 24, 2019 No meeting scheduled -only if required July 2, 2019 (Tuesday) No meeting scheduled -only if required July 8, 2019 REGULAR MEETING with Public Hearing July 15, 2019 No meeting scheduled - only if required July 22, 2019 No meeting scheduled - only if required July 29, 2019 REGULAR MEETING with Public Hearing August 6, 2019 (Tuesday) No meeting scheduled -only if required August 12, 2019 No meeting scheduled - only if required August 19, 2019 REGULAR MEETING August 26, 2019 No meeting scheduled - only if required September 3, 2019 (Tuesday) No meeting scheduled - only if required September 9, 2019 REGULAR MEETING with Public Hearing September 16, 2019 No meeting scheduled -only if required September 23, 2019 REGULAR MEETING September 30, 2019 No meeting scheduled -only if required October 7, 2019 REGULAR MEETING with Public Hearing October 15, 2019 (Tuesday) No meeting scheduled - only if required October 21, 2019 REGULAR MEETING October 28, 2019 No meeting scheduled - only if required November 4, 2019 REGULAR MEETING with Public Hearing November 12, 2019 (Tuesday) No meeting scheduled - only if required November 18, 2019 REGULAR MEETING November 25, 2019 No meeting scheduled - only if required December 2, 2019 REGULAR MEETING with Public Hearing December 9, 2019 No meeting scheduled - only if required December 16, 2019 REGULAR MEETING December 23, 2019 NO MEETING December 30, 2019 NO MEETING ** Council's Procedural Bylaw allows for the scheduling of a Council and/or Committee of the Whole meeting, as required, on the alternate Monday of the regularly scheduled Council meeting. 41 Qox�� = �� Yuji -1 COUNCIL REPORT M&C No. 2018-265 Report Date September 14, 2018 Meeting Date September 24, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: License Agreement with the Saint John Sea Dogs OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Kevin Loughery KevinFudge/lan Fagan Neil Jacobsen 1. That the City enter into a License Agreement for the use of space in the pedway system with the Saint John Major Junior Hockey Club Limited (doing business as the Saint John Sea Dogs), under the terms and conditions as set out in the License Agreement attached; 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. EXECUTIVE SUMMARY City staff and staff of the Saint John Major Junior Hockey Club Limited (doing business as the Saint John Sea Dogs) have reached a license agreement that will have the Saint John Sea Dogs Hall of Fame display erected within the pedway system (Please see approximate location and draft layout attached). The term will be for five (5) years commencing September 25, 2018 with an option to renew for an additional five (5) years. The license fee will be one (1) dollar to bind the agreement and recognizes the capital investment the Saint John Sea Dogs are making to the space. The focus of the space will be to highlight previous individuals / players of the Saint John Sea Dogs organization who have made positive contributions to the franchise and greater Saint John community. The License Agreement document as attached is standard and consistent with other licences granted by the City of Saint John. PREVIOUS RESOLUTION N/A 42 -2 - STRATEGIC ALIGNMENT Providing for investment in arts, culture and recreation experiences that create a sense of community pride. The Saint John Sea Dogs intend to host an annual Hall of Fame Induction Ceremony, similar to their inaugural event held at the Saint John Trade & Convention Centre in June, 2018. The event welcomed more than 600 attendees; including fans, staff, dignitaries, alumni, current, and future Sea Dogs. The Hall of Fame weekend filled 40 hotel rooms each night, and included an Alumni Pub Crawl that visited six Uptown establishments. The Sea Dogs are committed to finding ways to contribute to the economic and cultural fabric of Saint John. REPORT City staff has a License Agreement, in place, with the Saint John Major Junior Hockey Club Limited (doing business as the Saint John Sea Dogs) to erect a Hall of Fame for the franchise in the pedway system. The initial term is for five (5) years with an option to renew for an additional five (5) years and in the event the Saint John Sea Dogs are no longer tenants of Harbour Station, the City can terminate for convenience. There are some renovations required to prepare the space for use as a Hall of Fame by the City's Carpenter Shop, however these costs will be borne by the Saint John Sea Dogs. The license agreement, attached here to, is standard and consistent with other licenses granted by the City of Saint John. SERVICE AND FINANCIAL OUTCOMES The presence of the Saint John Sea Dogs Hall of Fame within the pedway system will add to the animation of the space, as well as, provide an opportunity to celebrate the outstanding achievements and sporting contributions of a prominent organization within the City's Uptown area. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of the Real Estate and Facility Management has provided input into the preparation of this report and the City's Legal Department has reviewed the License Agreement. The Saint John Sea Dogs have reviewed and provided input into the preparation of this report. I_�>�7T�:l �1�►��� License Agreement with Saint John Major Junior Hockey Club Limited 43 This LICENSE AGREEMENT made as of the day of 2018. THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor", OF THE FIRST PART -and- SAINT JOHN MAJOR JUNIOR HOCKEY CLUB LIMITED, doing business as the Saint John Sea Dogs, a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter collectively called the "Licensee", OF THE SECOND PART WHEREAS the Licensor is the owner of the lands outlined on Schedule "A" attached hereto and forming part hereof; and NOW THEREFORE this agreement (the "Agreement") witnessesthat in consideration of the premises and the obligations herein expressed and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged) the Licensor and Licensee hereby agree as follows: 1) License a) The Licensor hereby grants to the Licensee a non-exclusive license to occupy a portion of the Saint John pedway system, consisting of a total of approximately 613 sq, ft., to use pursuant to the terms of this Agreement, further to attached sketch. (the "Licensed Space") b) The Licensor hereby grants to the Licensee a non-exclusive license to occupy the Licensed Space solely for the purpose of creating a "Hall of Fame" which will include the following: i) Seating; ii) Hockey Memorabilia; iii) Display Cabinets and Frames; iv) Posters; v) Photographs; vi) And window wraps. c) The Licensee accepts the Licensed Space in an "as is where is" condition and will complete any necessary improvements at its sole expense and in accordance with the terms of this Agreement, provided however, the Licensor agrees to carry out repairs, painting, and safety upgrades as necessary, to be determined at the Licensor's sole discretion, prior to commencement of this License. 2) Term a) Unless otherwise terminated in accordance with this Agreement, TO HAVE AND TO HOLD the Licensed Space for and during the term of five (5) Years beginning on September 25th, 2018 and expiring on September 24th, 2023 (the "Initial Term") save as hereinafter provided for earlier termination. b) The Licensee shall have the option to renew this licence for a further term of five (5) years by providing written notice of its intention to renew to the Licensor no later than six (6) months prior to the expiration of the Initial Term. 3) License Fee a) The Licensee covenants and agrees to pay to the Licensor, during the Initial Term, without deduction, abatement or set-off, the sum of one (1) Dollar (the "License Fee") payable in one (1) installment in the following manner: on the 25th day of September, 2018. b) The Licensee shall promptly pay or cause to be paid all business taxes, rates and other taxes and assessments, of whatsoever kind or description, that may at any time during the continuance of this Agreement be imposed or become due and payable upon or in respect of the installation, operation, repair or maintenance of the Licensee's equipment or resulting from the use of the Licensed Space by the Licensee. c) The Licensee shall not modify or expand the Licensed Space without the prior written consent of the Licensor. d) The Licensee shall immediately advise the Licensor of any installations, appliances or machines used by the Licensee which consume or are likely to consume large amounts of electricity. 4) Licensee's Covenants a) The Licensee covenants and agrees with the Licensor as follows: i) to pay the License Fee as herein provided; ii) not to use the Licensed Space for any purpose except as set out in Section 1(b) above; iii) not to do, cause to be done or suffer or permit any act or thing to be done to the Licensed Space which would or might cause the Licensor to be liable for any damage, claim or penalty; iv) at their own expense, to conduct the everyday repairs and maintenance of the Licensed Space 45 relating to their occupancy thereof and the business carried on therein; v) to maintain, during the Initial Term and any renewals thereafter, comprehensive public liability and property damage insurance for an amount not less than two Million Dollars ($2,000,000) per occurrence. All policies shall name the Licensor as an additional insured and shall contain a provision requiring that at least thirty (30) days' written notice be given to the Licensor prior to cancellation or expiry. The Licensee shall provide the Licensor with proof of such insurance upon execution of this License Agreement; vi) to secure, at the expense of the Licensee, all licences, permits and authorizations required by any competent governmental body, and to provide the Licensor with proof of having secured same, if required; vii) to abide by and ensure that the Licensee's agents and employees abide by all applicable laws and regulations, and to conduct its affairs in strict conformity with the law and in such a manner as not to bring any disrepute to the Licensed Space; viii] not to assign or transfer this Agreement or in any way part with or share possession of the Licensed Space; ix) to keep the Licensed Space in good order and condition as determined by the Licensor, and to perform such normal maintenance and to decorate at its own cost and expense, as and when necessary or reasonably required to do so by the Licensor, excluding structural repairs to the exterior walls and roof, or repairs relating to capital items including plumbing, heating, electricity, water, and sewage, provided, however, that notwithstanding anything contained herein, the Licensor shall at all times have the right, in its sole discretion, to make such repairs, maintenance or replacements; x) upon the termination of this Agreement, the Licensee shall deliver to the Licensor vacant possession of the Licensed Space in the same or better condition than it was in at the beginning of the Initial Term, subject only to reasonable wear and tear. b) In the event the Licensee: (a) fails or refuses to comply with the orders or requests of the Licensor or its managers; (b) permits any conduct or act which in the opinion of the Licensor is improper, or renders it inadvisable that the Licensee should be allowed to continue carrying on business under this Agreement; or (c) fails to comply with the terms and conditions herein, the Licensor may forthwith terminate this Agreement and take possession of the Licensed Space and, at the cost of the Licensee, remove all property therefrom and the Licensor shall not, nor shall the manager nor any of its officers, servants or agents, be liable in damages or otherwise by reason of such termination or removal. S) Licensor's Rights a) Notwithstanding anything contained in this Agreement, the Licensed Space shall be under the exclusive control and management of the Licensor. Without limitation, the Licensor shall have the right, at any time and from time to time: i) to operate, manage and otherwise deal with the Licensed Space as determined by the Licensor in its sole and absolute discretion; M. ii) to make additions to, or subtractions from, or to change, rearrange or relocate any part of the Licensed Space; iii) to grant, modify or terminate easements and other agreements pertaining to the use and maintenance of all or any part of the Licensed Space; and iv) to enter into the Licensed Space to undertake any work or alterations to the Building (including the Licensed Space), provided that any such work does not materially interfere with the ability of the Licensee to carry on its use in the Licensed Space. b) The Licensor shall have the right to enter into the Licensed Space at any time during normal operating hours to show the Licensed Space to prospective tenants, licensees or other occupants. 6) Indemnification a) The Licensee hereby agrees to defend, indemnify and hold the Licensor harmless from and against any and all claims, actions, damages, losses, liabilities and expenses (including those in connection with bodily injury, including death, personal injury or damage to property) arising from or out of the occupancy or use by the Licensee of the Licensed Space or occasioned wholly or in part by a default by the Licensee of its obligations under this Agreement, or by any act or omission of the Licensee, its- employees, agents, contractors, invitees or by any person permitted by the Licensee to be in the Licensed Space, or due to or arising out of any breach by the Licensee of this Agreement. If the Licensor shall, without fault on its part, be made a party to any litigation commenced by or against the Licensee, then the Licensee shall protect, indemnify and hold the Licensor harmless in connection with such litigation. The Licensor may at its option participate in any litigation or settlement discussions relating to the foregoing. b) The Licensor hereby agrees to defend, indemnify and hold the Licensee harmless from and against any and all actions, expenses, claims and demands on account of the non-performance of covenants of the License so far as such covenants are not required to be performed and observed by the Licensee. 7) Default and Termination a) The parties acknowledge and agree that this Agreement shall terminate on the 24th day of September, 2023. b) In the event the Licensee is no longer a tenant of Harbour Station, the Licensor can terminate this agreement immediately without any additional notice. c) If the Licensee defaults in the performance of any covenants or obligations hereunder, such default if not remedied within thirty (30) days of receiving written notice of the default by the Licensor (the "Default"), the Licensor shall have the right to terminate the Agreement forthwith. In the event of a Default, the total License Fee and any amounts due and owing under this Agreement, including, without limitation, all damages arising out of the Default, to the end of the Term of the Agreement 47 shall immediately become due and payable, at the option of the Licensor. In addition to any and all remedies set forth herein, the Licensor shall have all remedies available at law or equity and any and all remedies shall be cumulative and non-exclusive. d) The bankruptcy or insolvency of the Licensee shall constitute a Default under this Agreement and all rights of the Licensor under section 5(b) of this Agreement shall apply. 8) Assignment a) The Licensee agrees that it shall not assign or share possession of any part of the Licensed Space or allow the same to be used or occupied by any persons other than the Licensee. 9) Fixtures and Improvements, Etc. a) Any fixtures and improvements shall be deemed to comply with the provisions of this Agreement if the prior written approval of the Licensor (such approval not to be unreasonably withheld) has been obtained by the Licensee. 10) Condition of Licensed Space a) It is understood and agreed that the Licensee shall accept the Licensed Space in an "as is where is" condition, and the Licensee acknowledges that the Licensor has made no representations or warranties with respect to the condition thereof. 11) Notices a) Any notice required or contemplated by this Agreement shall be given or made by personal delivery or facsimile to the other party at the following addresses or as the parties may from time to time designate: City of Saint John City Hall, 81h Floor 15 Market Square Saint John, NB E2L-1E8 Facsimile: 506-674-4214 Attention: The Common Clerk Saint John Major Junior Hockey Club Limited Suite 200 99 Station St Saint John'N B E2 4X4, Canada Facsimile: 506-696-0611 Attention: The General Manager b) Either the Licensee or the Licensor may change its address by notice in writing to the other. c) Every such notice shall be deemed to have been given when delivered or, if mailed, on the third business day next following the date of mailing. 12) Miscellaneous a) This Agreement and any schedules hereto contain the entire understanding between the parties relating to the subject matter hereof. No amendment to this Agreement shall be valid unless in writing and signed by each of the parties hereto. b) Each party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party or parties thereto may reasonably require for the purpose of giving effect to this Agreement and carrying out its provisions and completing the transactions contemplated by this Agreement. c) Unless the context otherwise requires, words importing the singular in number only shall include the plural and vice versa, words importing the use of gender shall include the masculine, feminine and neuter genders, and words importing persons shall include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities d) Every provision of this Agreement is intended to be severable. If all or any part of any term or provision hereof is illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement. e) No omission or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by the law. f) The Licensor and the Licensee acknowledge and agree that the relationship between them is solely that of independent contractors, and nothing herein shall be construed to constitute the parties as employer/employee, partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. g) This Agreement shall ensure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns. h) This Agreement shall be construed in accordance with and governed by the laws, and subject to the jurisdiction of the courts, of the Province of New Brunswick. The Licensee agrees that it shall not register this Agreement or any notice or reference in respect of this Agreement against the title to the Building. IN WITNESS WHEREOF the parties hereby have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and years above written. .• SIGNED, SEALED & DELIVERED In the presence of: ) THE CITY OF SAINTJOHN Mayor Common Clerk Common Council Resolution: , 2018. SAINT JOHN MAJOR JUNIOR HOCKEY CLUB LIMITED P re .5 GOA 50 51 , 44 COUNCIL REPORT M&C No. 2018-261 Report Date September 17, 2018 Meeting Date September 24, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 243 Loch Lomond Road and 476 Sandy Point Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton I Neil Jacobsen RECOMMENDATION That Common Council schedule the public hearing for the rezoning applications of Nathalie and Kevin Hayward (243 Loch Lomond Road) and Chris Barry on behalf of the Saint John Trojans RFC (476 Sandy Point Road), for Monday November 5, 2018 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday November 5, 2018. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/agreements and proceed to prepare the required advertisements, and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 52 Ira REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 59 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 at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Annlicant Zone Zone Nathalie and 243 Loch Two -Unit General To establish a retail Kevin Hayward Lomond Road Residential Commercial store (R2) (CG) Chris Barry on 476 Sandy Point Two -Unit General To construct a rugby behalf of the Road Residential Commercial clubhouse and Saint John (R2) (CG) banquet hall. Troi ans RFC STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None 53 PLANNING ADVISORY COMMITTEE September 19, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application (Money -in -Lieu of LPP) 288 Arthurs Road The Committee considered the attached report at its September 18, 2018 meeting. Charles Sullivan, the applicant, appeared before the Committee and spoke in favour of staff recommendation. One letter was received that expressed an interest in seeing a portion of the lot dedicated to the future extension of the Sullivan Road private right-of-way. No one else appeared before the Committee to speak in favour or against the application. �-1n,A The City of Saint John After considering the report, the comments made by the applicant, and the letter received, the Committee recommended that Council accept money -in -lieu of Land for Public Purposes. RECOMMENDATION: That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 54 The City of Saint John Date: September 14, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, September 18, 2018 SUBJECT Applicant: Charles Sullivan Owner: David Sullivan and Charles Sullivan Location: 288 Arthurs Road Plan Designation: Rural Residential Existing Zoning: Rural Residential (RR) Application Type: Subdivision (Money -in -Lieu of LPP) Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning land for public purposes (LPP) in conjunction with the subdivision of land. SUMMARY The applicant is seeking to subdivide the property (PID 00288498), which is a large vacant lot accessed from Westfield Road, to create a new lot that would abut 300 Arthurs Road. The applicant wishes to develop a single -unit dwelling on the proposed lot at some time in the future. Page 1 of 5 55 Charles Sullivan 288 Arthurs Road September 14, 2018 The submitted tentative subdivision plan illustrating the location and dimension of the proposed lot satisfies the requirements of the Zoning Bylaw and Subdivision Bylaw. The creation of a new lot requires LPP dedication, or money -in -lieu of LPP. To receive money -in -lieu of land requires Council approval, and is supported by staff. RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). DECISION HISTORY Our files indicate that there have been no previous decisions relating to the subject property. ANALYSIS Proposal The applicant is seeking to subdivide the property, which is a large, vacant lot stretching from Westfield Road to the end of Arthurs Road in the South Bay neighbourhood of the City's west side. The proposed lot would be created near the end of Arthurs Road and would extend north to abut Sullivan Road. The applicant is seeking to construct a single -unit dwelling that would be accessed from Arthurs Road. The creation of a new lot requires the dedication of LPP, or money -in -lieu of LPP. Given the oversupply of LPP that the City has acquired over the years from subdivision applications, the City's Subdivision Bylaw, adopted in 2016, directs Council to accept money -in -lieu of land whenever possible. Site and Neighbourhood The area surrounding the subject site is comprised predominantly of single -unit dwellings and vacant land. The proposed lot is approximately 225 metres from the Saint John River, and has a NB Power easement running through the northern portion of it. The adjacent property at 300 Arthurs Road is also owned by the applicant and was subdivided from the parent parcel in the mid-1990s. The proposed lot has an area of approximately 7441 square metres and a lot frontage of 60 metres, both of which satisfy the requirements of the Zoning Bylaw. Municipal Plan and Rezoning The City's Municipal Plan contemplates limited amount of residential growth in the rural areas of the City (outside the Primary Development Area). The rural areas, such as the subject site, are generally located in zones that require larger lot dimensions that reflect both the typical rural Page 2 of 5 56 Charles Sullivan 288 Arthurs Road September 14, 2018 living environment and provide growth controls that limit the potential for extensive rural sprawl. These areas are predominantly located in the Rural Settlement Residential (RS) and Rural Residential (RR) zones, and are projected by the Plan to represent approximately 5% of new growth in the City. Subdivision The proposed subdivision at 288 Arthurs Road satisfies the standards of the Zoning Bylaw and the Subdivision Bylaw, and is within the area projected by the Municipal Plan for rural development. The Community Planning Act states that the creation of a new lot must include a dedication of land for public purposes, or money -in -lieu of land, which requires the Committee and Council to consider accepting. Given the direction of the City's Subdivision Bylaw, staff recommend that Council receive money -in -lieu of LPP. Conclusion The applicant is seeking to subdivide a parcel of land in the South Bay neighbourhood of the City's west side. The proposed subdivision is located in an area of the City where the Municipal Plan contemplates rural development, and the submitted tentative subdivision plan (attached) illustrates lot dimensions that meet the requirements of the Zoning Bylaw and Subdivision Bylaw. Staff recommend that Council accept money -in -lieu of LPP. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternate considerations for this application. 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 property on September 5, 2018. SIGNATURES AND CONTACT Prepared: Jody Kliffer, , MCIP, RPP Planner Page 3 of 5 57 Charles Sullivan 288 Arthurs Road September 14, 2018 Reviewed: Approved: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Jody Kliffer Phone: (506) 632-6846 E-mail: jody.kliffer@saintjohn.ca Project: 18-157 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 4 of 5 58 Charles Sullivan 288 Arthurs Road September 14, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Subdivision Plan Page 5 of 5 59 •t f • 3 a gY RD7� Lac Red r Bridge 'A Lake, �+ a • ,. LEE<, Q kg + m +� .• • # ■ ■ Pio G�PGF NEW NORjN d � VVGpenP � �■ I' ■ r \ � 19 a •. ■ Fz F1 RD LU j U- ' • PR�NURLLI S Rp so do ■ �• a LAWRENCE LONG Rp .�. ■ ■ ♦r it ✓gNESWAY LN Map 1 - Site Location The City of Saint John �i 60 Date: August -28-18 � Charles Sullivan - 288 Arthurs Road o Zoom Rural Resource Of"mmVIR Rural Resource Rural Resource Rural Resource Map 2 - Future Land Use Charles Sullivan - 288 Arthurs Road 61 Rural Resource The City of Saint John Date: September -13- 0 150 m (P) Park (RU) Rural (RR) Rural Residential Map 3 - Zoning Charles Sullivan - 288 Arthurs Road Section 39 Conditions The City of Saint John 62 Date: September -13-18 0 loom x.275} � 35� t `• 185 : "•'�' 183% 1871 •� - 201 ' . 17 7`. -,A r . y 4t ' y X 2301. '•• I.V6001 .J, 'r' ° 281 �s 3 - •jt ` y�': Wit- 1::� Ax 7 ''�s-.'cr" S: y •:. _19 r�1_. � Y � .�,��`��.r _ _... _. - 1.-r ,, •lr <: l' ��. ♦r4 SEr� Map 4: Aerial Photopgrahy The Cityf Saint John 63 Date: September -13-18 Charles Sullivan - 288 Arthurs Road 0 I i PID 00288530 / 86-1 see Plan No. 2059 / remnant of PID 00288498 / Estate of Herman E. ' PID 55113054 Sullivan Property ,- 95-2 Doc. 251179 Vol. 738 Pg. 405 see Plan No. 200231 Doc. 70365 Vol. 515 Pg. 69 Sullivan Road (Private) " Qac 6 'Doc. -b50 P / DOG. / 1 QoG / " remnant of PID 00288498 Estate of Herman E. Sullivan Property / Doc. 251179 Vol. 738 Pg. 405 LEGEND ROUND IRON BAR FOUND SQUARE IRON BAR FOUND IRON PIPE FOUND STANDARD SURVEY MARKER FOUND STANDARD SURVEY MARKER PLACED WOODEN POST PLACED CALCULATED POINT TABULATED POINT TRAVERSE CONTROL POINT N.B. GRID CO-ORDINATE MONUMENT HYDRO POLE / UTILITY WIRE - FOUNDATION PROPERTY BOUNDARY STREET R.O.W. NEW PROPERTY LINE UTILITY EASEMENT ADJACENT PROPERTY LINE CENTRELINE FENCE STRUCTURE —X X X— � d Roa 2565 / hutse / � Ar� Pub\•�ci se / PID 55065338 89-6 / see Plan No. 2526 / 1 �P ublic) allivan Road 3 See plan 2p02 � PID 55111538 95-1 see Plan No. 200231 water lot Swt P' Green Head p� ET PEC COV {� H e a a ✓ -�- F aryS Arthufs� Randolp] CoVe Paint A \ MA OF MA 0 M ION S d P H Chub 5 John 56 RICO, d� / Ro mon < e 317 Be 5101"en out] _.04 n - _ Key Plan an co" 383ACres ptd Mos u � SOUT — cav ' i LAND LEASE N056703 J D. IRVING LTD BAY UPo ne Island Gra 1 James non Pros c Cadostral Plan No. 165 o Ra'bPv� iron Mos u � — cav ' RowanB FLca ant P t. t UPo Co Pros c Registration Data Scale 1 : 40,000 Owner Name : John Calvin Manning (In Trust), Charles Kenneth Sullivan (In Trust), David Lawrence Sullivan (In Trust), Herman Eagles Sullivan (Estate) PID : 00288498 Effective Date : --- Instrument : Transfer # 32955008 Reg. 2013-08-01 Owners ever Notes 1 ) Directions are N.B. Grid azimuths derived from observations on N.B. Grid Co—ordinate Monts. 1558 and 1559 . (NAD83 CSRS Adjusted Values) 2 ) All distances are in metres, to convert to imperial equivalents divide by 0.3048 . 3 ) Area of survey outlined thus o o , peripheral information compiled from various sources. 4 ) All document and plan references refer to the Registry Office for Saint John County or the Land Titles District of New Brunswick 5 ) Field survey completed on ----. 6 ) All computations performed and coordinates shown on this plan are based on New Brunswick Stereographic Double Projection and the NAD83(CSRS) Ellipsoid as realized by Service New Brunswick Adjusted coordinate survey monuments . New Brunswick Grid Co—Ordinate Values Sta. X Y Rmks. 1558 2 527 033.177 7 362 802.308 N.B. MON. 1559 2 526 991.896 7 363 540.882 N.B. MON. Scale Factor applied 1.000031 Tentative Subdivision Plan Estate of Herman E. Sullivan Property, Sullivan Road, Acamac, City of Saint John, Saint John County, New Brunswick. HUGHES SURVEYS & CONSULTANTS INC. Surveved by Jan. 11, 2010 Date Jo. 20 0 20 40 60 80 1 : 1000 meters Dwg. NS18216 Disk No. Topos Disk No. ---- ------ ---- 1 Dwn. by Job No_--- Rev. No. Map Ref. The City of Saint John PROCLAMATION WHEREAS: Public - Rail Safety Week is to be held across Canada and the United States from September 23 to 29, 2018; and WHEREAS: it is in the public's interest to raise citizens' awareness on reducing the avoidable accidents, injuries and damage caused by collisions at level crossings or incidents involving trains and citizens; and WHEREAS: Operation Lifesaver is a public/private partnership whose aim is to work with the rail industry, governments, police services, the media and other agencies and the public to raise rail safety awareness; and WHEREAS: CN has requested City Council adopt this resolution in support of its ongoing effort to save lives and prevent injuries in communities, including our municipality; NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim September 23 to 29, 2018 as Public - Rail Safety 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. 65 PROCLAMATION WHEREAS: New Brunswick's Wellness Strategy has a vision of a healthy New Brunswick where, together, we learn, work, play and live in a culture of wellness, and where we recognize the instrumental role that local governments play in promoting and supporting this vision; and WHEREAS: wellness is about having a good quality of life and the ability of people and communities to reach their full potential in terms of health and fulfillment of purpose; and WHEREAS: New Brunswick Wellness week provides opportunities for communities, organizations, schools and workplaces to promote and celebrate wellness by hosting wellness activities and events that address all dimensions of well- being and determinants of health, and WHEREAS: New Brunswick Wellness Week is held annually from October 1-7, 2018. NOW THEREFORE: I, Mayor Don Darling, `- -- / of Saint John do hereby proclaim the week of October 1St to 7th, 2018 as Wellness Week in the City of Saint John. I encourage all citizens to participate in Wellness Week activities and for groups, organizations, schools and workplaces in the community to promote and celebrate wellness through the hosting of wellness activities and events. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: the loss of one's freedom due to a wrongful conviction has far reaching effects. It affects the innocent person's quality of life as well as the quality of life for their family members and has a harmful effect on society as a whole; and WHEREAS: wrongful convictions question the integrity and fairness of the criminal justice system and unless corrected undermines societies trust in their criminal justice system; and WHEREAS: Innocence Canada is a national, non-profit organization dedicated to identifying, advocating for and assisting individuals convicted of a crime they did not commit. It seeks to prevent such injustices in the future through legal education and reforms to the justice system. NOW THEREFORE: I, Mayor Don Darling, / of Saint John do hereby proclaim that October 2, 2018 be recognized as "Wrongful Conviction Day" 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. 67 PRO CLAMA TION WHEREAS: October 61h, 2018 has been declared as Ostomy Day in Canada and around the world; and WHEREAS: Ostomy Canada Society is a non-profit volunteer organization dedicated to all people with an ostomy, and their families, helping then to live life to the fullest through support, education, collaboration and advocacy; and WHEREAS: The Saint John Ostomy Chapter are planning a Stoma Stroll Awareness Walk on October 6th, 2018; and WHEREAS: The monies from the Stoma Stroll will be used to send children with ostomies to camp. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim that October 6, 2018 be recognized as World Ostomy Day 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. .: 20 1 7 ANNUAL REPORT OR Focused on our Customers. Preparing for our Future. 49 Company Overview P ---full-time employees X� 36,133 - customers 233.0 MW — peak demand r 914.1 GWh delivered r�1 22,000 poles ® "" substations km of distributed line ®®® (594 Overhead & 167 Underground) W 20,000+ water heater rentals 3,000+ mini split ductless heat ebb pump rentals Excellence in Energy Solutions Ninety-six years is a good start. But we're ready to do more. For nearly a century, we've powered the people of Saint John—at home, at work and at play. This has always been more than a job for us. Our customers are counting on us to keep their power on and their rates stable and our track record shows that we've done this successfully for a long time. We're ready to play a bigger role in our future. Our customers are looking for products and services that help them use energy more efficiently and that comes from cleaner and more renewable sources. We want to connect them with the cleanest, most efficient energy on the most advanced infrastructure at the best rates. We are ready to evolve and create more value for our customers, our city and our province. A strategy for growth and sustainability We are passionate about providing value to our stakeholders. Through focusing on sustainability, we reinforce our commitment to the environment, social responsibility and delivering economic value. Our company is also committed to adapting to the evolving needs of our customers and community through the four identified strategic priority areas: a,- / RR () Financial Stability &Sustainability For 2017, we are pleased to report a net income of $1.9 million, compared to our breakeven net income target. Purchases or construction of property, plant and equipment (Capital Additions) during the year totalled $11.3 million, as compared to the forecasted $9.9million budget fueled by customer demand from our mini split heat pump rental program and major investments in underground distribution infrastructure renewal. Revenues $114.1 $112.3 Operating Expenses $24.4 $23.7 Capital Additions $11.3 $9.9 Net Income $1.9 $0 Net Cash Earnings $7.4 $5.5 SarntJahn JEI'1�►/ 73 ✓ 100% compliance with Environmental Management System ✓ Became PCB -Free ✓ EV Charging station at YSJ in collaboration with the airport bility & Sustainability Economic Value tering a reliable supply of gy at highly competitive rates and promoting energy efficiency $9-10 million direct annual economic benefit in Saint John We purchase over $3 million of goods and services from local Saint John vendors 74 0 • • Social Responsibility ✓ Poverty reduction and community development in partnership with United Way ✓ Deepening relationships and providing channels for feedback through customer focus groups, stakeholder presentations, and customer surveys ✓ Efforts to become a Sustainable Electricity CompanyTm brand designation sarintJohn J'EI?�f Customer Focus • Our 2017 customer survey indicated improvements in trustworthiness, billing accuracy, and power restoration communications. Overall the customer satisfaction rate was 84.7% and over 91 % satisfaction in power restoration. • Our rates are among the lowest in the region, with residential rates 10% lower and commercial rates 3% lower than elsewhere in the province. This model has allowed the City of Saint John to save approximately $2 million per year, and customers $7 million per year. 75 Customer Focus • With our reliable service exceeding industry standards, we are ahead of the national average for duration and frequency of service interruptions. We achieve this through storm response simulations, Geospatial Information System (GIS) technology improvements, vegetation management, reinvestment in our well-maintained infrastructure and our unwavering focus on the customer. M7 zals 2017 2016 2016 National Average 2016 Saint John Energy Amp 2017 National Average 2017 Saint John Energy AVenge 76 2017 Saint john Ener V 4 Employee Well -Being Ensuring the safety of our employees and community is our number one priority and guiding principle. We demonstrate this commitment every day through continuous improvement and investment in safety processes and equipment. Safety milestone On February 23, 2017 we achieved 2 years without a lost time incident or medical aid incident. Awards: President's Award of Excellence for Employee Safety given by the Canadian Electricity Association recognized as the safest distribution utility in Canada for our size class. Survey Results: According to our annual employee survey, 1 our total employee engagement level was 71 L two points ahead the national average. Sarin1johrn ,Ener 77 V Innovation & Organizational Effectiveness As technologies evolve and customer needs change, we are committed to exploration and innovation of new ways to secure long-term energy supply and diversify beyond our traditional business lines. The first of its kind in Canada, our innovative ductless mini split heat pump rental program provides customers with opportunities for energy savings and enhanced home comfort. As of year-end, more than 3,000 units had been installed and Saint John Energy was proud to been presented two awards for the heat pump rental program; Energy Star Most Efficiency Promoter of the Year Award and Quality Urban Energy Systems of Tomorrow (QUEST) Smart Energy Communities Award in the Utility and Energy Services 4 Ell AWARDS 2017 Prams#er of the Year ENERGY STAR Most Efficient saint, john J'E►Il�f Innovation and Organizational Storm assistance Effectiveness • In 2017 Saint John Energy was able to assist multiple regions with restoration needs during major outages due to storms, totaling over 3500 mutual assistance labors hours. Qu6bec City C real 4 VERMONT. NEW H MPSHIRE Mass 'W'SETTs 79 R1 ME RUNSWiCK PRINK. EDWARD ISLAND MOVA SCOTIA Innovation and Organizational Effectiveness 2018 Flood response/restoration Customer and road impacts in 4m -5m, 5m -6m, 6m -7m flood tiers were modeled in GIS. Critical care customers, evacuees registered with red cross and disconnected customers were also reflected as the event progressed. Dominion Park Ragged Point u 0T J Saint John River Floodin Risk Map Map ll - Raggea P—t Rd, wro Gass e.xaw jo.swearn.a.s 0 rmaa awn» wm ewsvez ® ayaipsa wzvvm s�Meeiers ® amarersaRwvnvaxs � wsw+ers>tA�ssueKrs ave rxvsw� � nm�o,v cv avvn cvnavaaomvgssr�a mw.n Eapecs uoaa � ios.�re siva air�p ea cusrmers t• What the future has in store for us - Disruptive Technologies The pace of disruption is very difficult to predict but the large volume of companies pursuing innovations in the electricity sector only underscores the importance of proactive and timely planning • Distributed Energy Resources • Renewables: Solar Power and Wind • Electric Vehicles • Internet of Things • Storage 1NTERNETof �a * THINGS®,e- .. r Utilities must embrace the change in technology and business models to �rem�ainrelevant Solar Pilot SJE is leveraging a local company to conduct a solar demonstration that will model the most common configurations for residential, commercial, and utility scale deployments. Qty 6 Canadian Solar 280W Panels Qty 2 Canadian Solar 280W panels Solar Irradiance monitoring station Qty 2 Hanwha 285W panels Simulates: Qty 2 Silfab 30OW bifacial panels - 15, 25, 45 degree residential roof pitches Qty 2 LG 280W panels - 35 degree utility scale fixed axis Simulates Utility Scale: -10 degree back to back commercial flat roof - single axis GPS tracker Qty 2 Canadian Solar 280W panels Qty 2 Hanwha 285W panels Qty 2 Silfab 30OW bifacial panels Qty 2 LG 280W panels Simulates Utility Scale: - dual axis self guided photo sensor Demand Response Pilot: SJE is conducting a Demand Response Pilot with partners targeting standby generators owned by the City of Saint John — usual mnwmp+ian • Assess feasibility of monthly system peak prediction via machine learning A••k—Op[+m+red--p,mn dim-] • Determine feasibility to: Val1r„ fill+ul • Shift Demand - SJ Water defer pumping • Reduce Demand - SJ Water and Police standby generation assets • Reduce System demand • Scale to integrate other DR resources: battery storage, HVAC, H/W tanks D- D lt—gie NB Pawer Load Profile 1 Weather Forecast SHIFT Monthly Peak Predlction EClEF2*GY t II+I j I control Signals sa:nrinh.. fEne►WV v� RN _ 5aintJohn Police - 800 KW w - = Thorne Avenue - 1280 KW Eastern Wastewater - 1000 KW Spruce Lake - 725 KW SAINT JOHN 2018 Wind and Smart Grid: There will bean increased focus on R&D subsidy to support initiatives that have a reasonable probability of success 1. Local Wind Opportunity a. Wind Resource Assessment — Part 2 b. Embedded Generation Policy C. Local Wind Integration Study d. Wind measurement program 2. Smart Grid a. Solar Demonstration b. Demand Response (Gen, Storage, H/W tank) C. AMI Business Case development d. SCADA modernization 2018 Q1 Q2 Q3 Q4 ��--�----ryry Optional ........Irsh...... ISI �. O�p� ... dependent on owne.ship O did SafnrJolm Canadian Electricity Centre of Excellence Unveiled SENATE ROOM I PARLIAMENT HILL, OTTAWA I MAY 29, 2018 The Canadian Electricity Centre of Excellence (CoE) is dedicated to recognizing and celebrating CEA Member innovation from coast -to -coast-to-coast. CEAs Board approved the creation of a CoE as part of its renewed strategic plan to help showcase the kind of ingenuity possible when policy, private and public partnerships are aligned_ I F� LWA r re. M d V I n �� 4 '�"#Our Leadership Saint John Energy is governed by a Board of Commissioners, members of which are appointed by Saint John Common Council. To our Board of Commissioners for 2017, we are grateful for your leadership and your contributions to our strong and healthy working relationship. Bill Edwards (Chair) James Shaw John Mackenzie Stephen MacMackin (Vice -Chair) Shelley Courser Ross Galbraith Derek Pannell Ray Robinson (President & CEO) Jon Taylor (Secretary) * 0 0 0 Our Leadership We are fortunate to have a strong and dedicated team of senior managers at the helm of our organization. These individuals ensure that we operate in a safe, efficient and community - minded manner - day in, day out. [QN Photo L -R Darin Lamont — Manager, Grid Modernization Andrew Ahearn — Manager of Engineering Jeff Garrett — Manager Compliance, Regulatory & Commercial Affairs Steve Simmie — VP, Engineering & Operations (retired) Dave Horgan — Manager, Shared Services Jessica DeLong — Communications & Executive Support Marta Kelly — VP, Finance & Administration (with responsibilities for customer service) Ryan Mitchell — VP, Engineering & Operations Ray Robinson — President & CEO Steve McGuire —Manager of Field Operations (not present) Saint, john ,Ener J .L1J J J1J %.1 LJ -, �• JIu � •1,-111 J ylf .I..1. U ,�jj4, i • ,I TSL Feedback? We welcome your comments and questions. Please contact us any time: (506) 658-5252 or 1 (877) 907-5550 (toll free) sjenergy.com f V@ @sjenergy i. 1�4 1655 twagonish Road Section 59 Amendment The City of Saint John Community Planning & Development Growth & Community Development Services 00 'A0�9 9L �0 �P �P �P 'Ati XN Man 1 - Site Location The City Saint John M gp Date: August -29-18 Cox & Palmer - 1655 Manawagonish Road 0 50 V*4 X 7: A '71 N, 00'f The City of Saint John Map 4 - Aerial Photography 91 Date: August -29-, Cox & Palmer - 1655 Manawagonish Road 0 50m k I * The City of Saint John Map 4A - Aerial Photography Date� A 92 ugust-29-''/ Cox & Palmer - 9655 Manawagonish Road 1., 2 1 5 m site photo Nil - ;laj .1, W :4A go, 10 _J41 ww Ni F. ARW- NN, _A6 41F :54 site photo site photo " �� 'Ay db Man Z - Future Land Use Thete:Auty August -29-18 CoxM 97 Date: August -29-18 Cox & Palmer -'1655 Manawagonish Road 0 50 m 0 Municipal Plan 09 Stable Residential / -Wfr� Redevelopment consistent with surrounding neighborhood • Reuse of existing building Proposal conforms to the intent of the Municipal Plan �+� M �o ti P� P� (CFN) Neighbourhood Community Facility (R2) Two -Unit Residential (CG) General Commercial (CL) Local Commercial (P) Park (R1) One -Unit Residential C6 * Section 39 Conditions Section 59 Conditions •Existing conditions. I m 1979 Site development limited to business office for owner at the time: • Site design and • Building design ' development 1 development and Section 59 Conditions • Discharge existing agreement with conditions • New conditions: • Limit the compatible CG zone uses V 10 aff ommendation. 0 0 ; J Discharge existing Section 59 agreement Impose new Section 59 conditions • Limit uses - expanded scope • Website advertisement • August 31, 2018 • Letters to area landowners • September 7, 2018 • No letters received pac recommendation 0 0 r. am Discharge existing Section 59 agreement Impose new Section 59 conditions • Limit uses - expanded scope Community Planning & Development Growth & Community Development Services PLANNING ADVISORY COMMITTEE September 19, 2018 �iAin 7 The City of Saint john His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 59 Amendment 1655 Manawagonish Road On August 20, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 18, 2018 meeting. Caroline McAvity of Cox and Palmer, the applicant, appeared before the Committee and expressed agreement with the Staff Recommendation. A representative of Canadian Baptists of Atlantic Canada, the owner, appeared before the Committee and expressed agreement with the Staff Recommendation. No other persons appeared before the Committee. After considering the report and presentation, the Committee adopted the Staff Recommendation presented in the report. RECOMMENDATION: That Common Council pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the agreement dated the 28th day of September 1979 between the Council of the United Baptist Convention of the Atlantic Provinces as developer, and the City of Saint John, respecting the property identified in the said agreement by LRIS number 396143 (the Property) and which agreement was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended); And Further Be It Resolved that Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act the following condition upon the use of the Property having an area of approximately Page 1 of 2 108 Cox and Palmer 1655 Manawagonish Road September 19, 2018 8064 square metres, located at 1655 Manawagonish Road, also identified as PID No. 00369143, namely that its use be restricted to the following purposes identified in the General Commercial (CG) zone of the City's Zoning By -Law: • Accommodation; • Home Occupation; • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14 • Veterinary Clinic Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 109 The City of Saint John Date: September 14, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, September 18, 2018 SUBJECT Applicant: Cox & Palmer Owner: Canadian Baptists of Atlantic Canada Location: 1655 Manawagonish Road PID: 00396143 Plan Designation: Stable Residential Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, September 24, 2018. Page 1 of 7 110 Cox & Palmer 1655 Manawagonish Road September 14, 2018 SUMMARY The applicant is seeking to discharge the existing Section 59 agreement for the property at 1655 Manawagonish Road to permit use of the site by a party other than the current owner. The property is zoned General Commercial (CG), however the Section 59 conditions imposed on the January 2, 1979, rezoning of the property through the September 28, 1979 agreement restrict the use of the property to a business office for the United Baptist Convention of the Atlantic Provinces (now Canadian Baptists of Atlantic Canada). Approval of the application to discharge the Section 59 agreement limiting the use is recommended with additional Section 59 conditions relating to the permitted uses. RECOMMENDATION That Common Council pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the agreement dated the 28th day of September 1979 between the Council of the United Baptist Convention of the Atlantic Provinces as developer, and the City of Saint John, respecting the property identified in the said agreement by LRIS number 396143 (the Property) and which agreement was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended); And Further Be It Resolved that Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act the following condition upon the use of the Property having an area of approximately 8064 square metres, located at 1655 Manawagonish Road, also identified as PID No. 00369143, namely that its use be restricted to the following purposes identified in the General Commercial (CG) zone of the City's Zoning By -Law: • Accommodation; • Home Occupation; • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; Page 2of7 111 Cox & Palmer 1655 Manawagonish Road September 14, 2018 • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14 • Veterinary Clinic DECISION HISTORY On January 2, 1979 Common Council rezoned the site from "R-2" One and Two Family Residential to "B-2" General Business subject to a Section 59 agreement with the following conditions: 1. The use of the property be limited to a business office to be used by the United Baptist Convention of the Atlantic Provinces. 2. The parking, driveway locations, landscaping, grading and drainage and other site features be developed in accordance with the plans. 3. The office building shall be designed and constructed in accordance with the plans. 4. All existing trees along the westerly boundary line shall be retained and maintained in good condition. The agreement was subsequently entered into September 28, 1979. On March 18, 1980, the Planning Advisory Committee granted a variance to permit a 3.23 sq.m. illuminated ground sign. ANALYSIS Proposal The proposal is to utilize the existing building as a business office by a party other than the current owner. Site and Neighbourhood The site is located on the City's west side in an older residential neighbourhood of mainly one and two unit dwellings. The parcel is a large lot with a frontage of 61 metres and depth of approximately 100 metres for an area of 8064 square metres. It contains a one storey office building along with a paved parking area and ground sign. Cedar Hill Cemetery is located across the street from the subject site and is zoned Park (P). Additionally, across the street is 1660 Manawagonish Road which is zoned Neighbourhood Community Facility (CFN). The adjacent property at 1627 Manawagonish Road is zoned Two - Unit Residential (R2) and contains seven dwelling units. Properties on the block of the subject Page 3of7 112 Cox & Palmer 1655 Manawagonish Road September 14, 2018 site are predominately zoned Two -Unit Residential (R2) and Local Commercial (CL) and contain a mix of low density residential dwellings and a veterinary clinic. Municipal Plan and Zoning Municipal Plan The neighbourhood of the site is designated as Stable Residential in the Municipal Plan. Stable Residential areas include existing built -out neighbourhoods in the City which have the potential to accommodate additional development at a scale and density consistent with the surrounding context. Compatible uses permitted in these areas, without amendment to the Municipal Plan, include convenience stores, home occupations, parks, and community facilities which are permitted in the designation. Policy LU -88 provides criteria for evaluating redevelopment in Stable Residential areas. Compliance of the proposal with these criteria is summarized below: Page 4 of 7 113 Requirement Response The proposal contributes positively to the existing Land use is desirable and residential environment by reusing an existing building. a contributes positively to the The proposed business office would have the same neighbourhood impact on the surrounding neighbourhood as the previous use of a business office. The proposal is compatible with the existing Compatible with surrounding land neighbourhood. The surrounding land uses are b predominantly residential, however; there is an existing uses mix of established commercial/ non-residential uses nearby. Necessary water/wastewater services, parks and recreational services, schools, public transit and The site is serviced and is located in close proximity to c other community facilities and schools, parks and a transit route. protective services can be readily and adequately provided Site design features incorporate or d address safe access, buffering, The proposal at this time involves no renovations to the landscaping, site grading and existing building or site. stormwater management Building design is of a high quality The building is existing and no changes are proposed e and consistent with Urban Design at this time. principles in the municipal plan Property is identified as a Corridor on the City Structure map The property is currently used as a business office and (Schedule A) or does not detract the proposal provides for reuse of an existing building. f from the City's intention to direct In addition the existing building floor area of majority of new residential approximately 870 square metres is below the 3000 development to Primary Centres, square metre limit on office floor area for a site in the Local Centres, and Intensification General Commercial (CG) zone. Areas Page 4 of 7 113 Cox & Palmer 1655 Manawagonish Road September 14, 2018 Based on the assessment of the proposal with respect to Policy LU -88, Staff are of the opinion the proposal conforms to the intent of the Municipal Plan. Zoning The site is zoned General Commercial (CG) with its use limited to a business office to be used by the United Baptist Convention of the Atlantic Provinces (now Canadian Baptists of Atlantic Canada). Staff support the applicant's request to discharge the Section 59 agreement to allow for the continued use of a business office on the site as the use is within the context of the surrounding neighbourhood. Staff have reviewed the list of permitted uses in the underlying General Commercial (CG) zone to identify potential land uses that could occur on the site with minimal impact on the surrounding residential neighbourhood. Staff have identified the following uses, permitted in the General Commercial (CG) zone, as being compatible with the surrounding residential neighbourhood: • Accommodation; • Home Occupation; • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Personal Service; • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Library; • Medical Clinic; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14 • Veterinary Clinic Staff note that the above uses are compatible commercial uses for a residential area as most of these uses are permitted in the Local Commercial zone, a lower intensity commercial zone, envisioned for predominantly residential areas. Based on this approach, the following uses in the General Commercial (CG) zone would not be permitted on the site: • Banquet Hall; • Bar, Lounge, or Nightclub, subject to paragraph 11.7(3)(a); • Contractor Service, Household; • Community Centre; • Health and Fitness Facility; • Health Services Laboratory; • Private Club; • Recreational Vehicle Sales and Service, Small; • Vehicle Repair Garage, subject to paragraph 11.7(3)(e); • Service Station, subject to paragraph 11.7(3)(d); • Technical or Vocational School; • Recycling Bins; • Vehicle Sales, Incidental; • Vehicle Sales and Leasing, Existing; 114 Page 5of7 Cox & Palmer 1655 Manawagonish Road September 14, 2018 Staff recommend a Section 59 condition restricting the uses of the site to the identified compatible General Commercial (CG) zone uses. Conclusion The applicant is seeking a discharge of the Section 59 agreement to permit use of the site by a party other than the current owner. Approval of the application, with recommended Section 59 conditions, is recommended as the request conforms to the Municipal Plan. ALTERNATIVES AND OTHER CONSIDERATIONS A possible alternative for Committee or Council consideration would be to limit the permitted uses on the site to a business office and or reduce the scope of the recommended permitted uses. 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 property on September 7, 2018. The public hearing for the rezoning was advertised on the City's website beginning on August 31, 2018. SIGNATURES AND CONTACT Prepared: Katelyn Davis , EIT Development and Research Coordinator Reviewed: x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Katelyn Davis Phone: (506) 658-4446 E-mail: katelyn.davis@saintjohn.ca Project: 18-135 Approved: . 711'"u, Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6of7 115 Cox & Palmer 1655 Manawagonish Road September 14, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Page 7 of 7 116 00 OP 49) OP `LXX 9� �0 �P �P �P Map 1 - Site Location Cox & Palmer - 1655 Manawagonish Road 117 __``'Ay The City of Saint Johnp Date: August -29-18 0 50 Map 2 - Future Land Use Cox & Palmer - 1655 Manawagonish Road Park and Natural Area II XX NS OOS .a 118 A r {r - The City of Saint John p Date: August -29-18 0 50 m 00 �O 04, �O P� P� (CFN) Neighbourhood Community Facility (R2) Two -Unit Residential (CG) General Commercial (CL) Local Commercial (P) Park (R1) One -Unit Residential Map 3 - Zoning Cox & Palmer - 1655 Manawagonish Road 119 KI L7 Section 39 Conditions The City of Saint John Date: August -29-18 * 1L L T� i! iw'? � • •' "T+�y�'� �'!�� 'rte .w ••� t•. .:• C. agor LOCAMON CIVICADDRESS: 11655 Manawagonish Road I PID#: 00396143 U HERITAGE AREA: Y J N I NTENSIFICATI ON AREA: Y J N FLOOD RISK AREA: Y/ N APPROVED GRADING PLAN: Y/ N LL a APPLICATION #: .- DATE RECEIVED:d RECEIVED BY: Ana APPLICANT EMAIL PHONE Caroline McAvity cmcavity@coxandpaimer.com (506) 633-2799 z O MAILING ADDRESS POSTAL CODE a 1 Germain Street, Brunswick Square, Suite 1500, Saint John, NB E2L1V4 1= CONTRACTOR EMAIL PHONE O. LL z — MAILING ADDRESS POSTALCODE Q U .:OWNER J EMAIL PHONE CL Canadian Baptists of Atlantic Canada wendy.jones@baptist-atlantic.ca (506) 635-1922 Ext. 102 MAILING ADDRESS POSTAL CODE 1655 Manawagonish Road, Saint John, New Brunswick E2M 2Y2 PRESENT USE: Office Building PROPOSED USE: Office Building BUILDING PLANNING INFRASTRUCTURE HERITAGE Q�INTERIORRENOVAnON []NEW CONSTRUCTION ❑VARIANCE STREET EXCAVATION 1:1HERITAGEDEVELOPMENT EXTERIOR RENOVATION [JACCESSORYBLDG [-]PLANNINGLETTER DDRIVEWAY CULVERT 1:1 HERITAGE SIGN []ADDITION POOL OPAC APPLICATION DRAINAGE 0HERITAGEINFILL Q DECK DEMOLITION ❑COUNCILAPP WATER & SEWERAGE 1:1 HERITAGE DEMO ]Z uvt OCHANGEOFUSE SIGN ❑SUBDIVISION OTHER OTHER OMINIMUM STANDARDS OOTHER ✓OTHER s. 39 Amendment N/A LL 0 Z 0 d 0 �3 Q 0 Ell consent to the City of Saint John sending tome commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This igformation is being collected to order for the City of Saint John to deliver an existing program /service; the collection U limited to that which it necessary to deliver the program I service. Unless required to do so by lax; the City of Saint John will nut share your personal information with any third parry without your express consent. The legal authorityfor collecting thir igjormadon is to he found in the Municipalities Act and the Right to Information and Protection of privacy Act. For)itrther information or questions regarding the collection ofpersanal information, please contact the Access & Privacy Officer. - City Haft Building fficer.CityHafBuilding fig 8th Floor -15 Market Square R Saint John, NBEZL IE8 n p� cw�mongler k{e unj1 ohn.oa (506) 658-2862 The a raw. pct 123 1, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, j specifications and further agree to comply with all relevant City By-laws and conditions Imposed. Caroline McAvity Applic t Name C� Applicant Signature July 19, 2018 Date }} Council Applicatoan ori Opnt [Il�ishop GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1655 Manawagonish Road APPLICATION # FEE PAID I Y I N TYPE OF APPLICATION F] Land for Public Purposes Release Service Fee: $300 Section 39 Amendment Service Fee: $2,500 Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,500 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Other than the condition that the property be used as an office building, the Applicant is requesting that all of the existing Section 39 conditions be removed. The Applicant is desirous of having these conditions removed in order to permit the property to be freely transfered to and used by new owners as an office building. The current owner and any future owner(s) would be required to comply with the zoning standards in place for all properties that are zoned General Commercial. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. I Citv of Saint John - Easement Holder (284990); Aliant Telecom Inc. - Easement Holder (384831) 1 AUTHORIZATION As of the date of this application, 1, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct in far as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provjdQ_any additional inVor nation that will be necessary for this application. 1 � Registered Owner Aut ed Agent Addiflonal Registe er d� o .2013 Date Date A The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 124 PROPOSED SECTION 59 AMENDMENT RE: 1655 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, September 24, 2018 at 6:30 p.m., by: Amending the Section 59 conditions imposed on the January 2, 1979, rezoning of the property located at 1655 Manawagonish Road, also identified as PID No. 00396143, to permit a revised proposal. PROJET DE MODIFICATION DE L'ARTICLE 59 OBJET: 1655, CHEMIN MANAWAGONISH Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'Arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi, 24 septembre 2018 a 18 h 30: Modification des conditions imposees en vertu de Particle 59, le 2 janvier 1979, relativement au rezonage de la propriete situee au 1655, chemin Manawagonish et portant le NID 00396143, pour permettre la presentation dune proposition revisee. O� w�P PG �a tSPCP CO�p �f REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit use of the site by a party other than the Permettre 1'utilisation de la propriete par un groupe current owner. autre que le proprietaire actuel. 125 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. Toute personne interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'hotel de vile situe 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 feries. Veuillez faire part de vos objections au projet de modification par ecrit a ]'attention du soussigne a 1'h6tel de ville. If you require French services for a Common Si vous avez besoin des services en frangais pour Council meeting, please contact the office of the une reunion de Conseil Communal, veuillez Common Clerk. contacter le bureau du greffier communal. Jonathan Taylor, Common Clerk 658-2862 Jonathan Taylor, Greffer communal 658-2862 126 127 A'IV 1770-1790 Sand Cove Road Section 59 application The City of Saint John Growth & Community Planning Growth & Community Development Services IP Lp 40 lot • bf 'ilk aA.. awi • bf 'ilk • site photo — Main Dwelling a r site photo — Mobile Home site photo Entrance to Park Area Sta# Irving Nature Park 13 R Irving Nature Park 13 L�. PO staff recommendation J 1. Rescind section 59 conditions 2. Impose a new Section 59 Condition prohibiting development in Park & Natural Area • Website advertisement • Aug 27, 2018 • Letters to area landowners • Sep 5, 2018 • No letters received pac recommendation 1. Rescind section 59 conditions 2. Impose a new Section 59 Condition prohibiting development in Park & Natural Area Growth &Community Planning Growth &Community Development Services PLANNING ADVISORY COMMITTEE September 19, 2018 The City of Saint john His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: 1770-1790 Sand Cove Road Section 59 Amendment On August 20, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 18, 2018 meeting. Mr. Brian Thorne and Ms. Sonya Graham, the applicants, appeared before the Committee and indicated they were in agreement with the Staff Recommendation. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the staff report and presentation, the Committee adopted the Staff Recommendation. RECOMMENDATION: 1. That Common Council rescind the existing Section 59 conditions imposed on the November 18, 1991 rezoning of a 1.25 acre portion of a larger lot located at 1770-1790 Sand Cove Road, also identified as being a portion of PID Nos. 55100622, 00403592, and 55100630, to permit the continued presence of the existing mobile home located on the site. 2. That pursuant to the provisions of Section 59 of the Community Planning Act, the continued presence of a mobile home on proposed "Lot 18-1", having an area of approximately 1.88 hectares, located at 1780-1790 Page 1 of 2 143 Karl Rideout 155 St. John Street March 20, 2018 Sand Cove Road, also identified as being PID No. 55100630, and a portion of PID Nos. 55100622 and 00403592, be subject to the following condition: a. That no structure, driveway or parking area shall be permitted in the area of the lot that pertains to the Park and Natural Area land use designation. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 144 The City of Saint John Date: September 14, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, September 18, 2018 SUBJECT Applicant: 1770-1790 Sand Cove Road Owner: Brian Thorne, Sonya Graham, and Bradley Thorne Location: 1770-1790 Sand Cove Road PID: 55100622, 00403592, & 55100630 Plan Designation: Rural Resource and Park and Natural Area Existing Zoning: Rural (RU) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, September 24, 2018. SUMMARY The applicants are seeking to remove Section 59 conditions that limit the continued presence of the existing mobile home at the subject site. The property was rezoned in 1991 to accommodate Page 1 of 7 145 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 the placement of a mobile home. However, the rezoning was subject to conditions of the Community Planning Act that limited the ongoing use of the mobile home. The reason for the application is to rescind existing conditions, which would facilitate the subdivision of the property while allowing the owner of the mobile home to remain in the current location. The staff recommendation includes a revised Section 59 condition that would not permit the development of any structure, driveway or parking area in the areas of the lot that are located in the Park and Natural Area land use designation. The purpose of this proposed condition is to ensure that the environmentally sensitive marsh lands located throughout parts of the subject site is not impacted by human activity. RECOMMENDATION That Common Council rescind the existing Section 59 conditions imposed on the November 18, 1991 rezoning of a 1.25 acre portion of a larger lot located at 1770-1790 Sand Cove Road, also identified as being a portion of PID Nos. 55100622, 00403592, and 55100630, to permit the continued presence of the existing mobile home located on the site. 2. That pursuant to the provisions of Section 59 of the Community Planning Act, the continued presence of a mobile home on proposed "Lot 18-1", having an area of approximately 1.88 hectares, located at 1780-1790 Sand Cove Road, also identified as being PID No. 55100630, and a portion of PID Nos. 55100622 and 00403592, be subject to the following condition: a. That no structure, driveway or parking area shall be permitted in the area of the lot that pertains to the Park and Natural Area land use designation. DECISION HISTORY The subject site was rezoned in 1991 to a rural zone that permitted the placement of a mobile home. At the time of the rezoning, Section 39 (of the previous Community Planning Act) conditions were applied to the property that required the following: 1. Prior to building permit approval for the placement of the mobile home, the applicant provide evidence of approval by the Department of Health of the onsite sewage disposal facilities; 2. The mobile home site remain as part of the larger property; and, 3. The mobile home be for the use of the parents and disabled brother of the present occupant of the one -family dwelling on the lot, and that the mobile home be removed when no longer required for this purpose. Page 2 of 7 146 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 ANALYSIS Proposal The applicant is seeking to rescind the Section 59 conditions that were placed on the property when it was rezoned in 1991, and establish the existing mobile home as an ongoing permitted use. As the attached Aerial Photography map illustrates, the main dwelling, the mobile home, and the temporary trailer are all located (predominantly) on the same property (PID 00403592), which is the largest of the three properties subject to the current application. Mr. Thorne is the sole proprietor of the larger lot and has indicated that he now wishes to sell the property. However, Ms. Graham wishes to continue to reside in the mobile home, which would likely not be possible if the lot were to sell in its current form. As such, Mr. Thorne and Ms. Graham are proposing boundary adjustments to their lands in such a way that would enable Mr. Thorne to place his property on the market, while allowing Ms. Graham to reside in the mobile home on a separate, independent parcel. The attached subdivision plan and proposed lot boundary map illustrate the proposed boundary adjustments, which are able to meet the requirements of the Zoning and Subdivision Bylaws. However, the conditions outlined above that were placed on the property at the time of the initial rezoning in 1991 require the mobile home to remain on the "larger lot", and effectively tie the use of the mobile home to Mr. Thorne. In order to proceed with the proposed subdivision and permit Ms. Graham to remain in the mobile home, the applicants are seeking to rescind these Section 59 conditions. Site and Neighbourhood The subject lot contains three separate parcels located on Sand Cove Road on the City's West Side. The site is located near the end of the road, which also marks the entrance to the Irving Nature Park. The subject site is adjacent to Saint's Rest Marsh, resulting in a large portion of PID 55100622, and smaller portions of PID Nos. 55100630 and 00403592 being designated as provincially significant wetland areas, effectively restricting any type of development on these lands. Municipal Plan and Section 59 Conditions The original proposal to establish a mobile home at the subject site was intended to be for a temporary period to allow a member of the family with a disability to remain in close proximity to his sibling, who resided in the main dwelling at 1770 Sand Cove Road at the time. Once the living arrangements changed and the mobile home was no longer being used by the parents or their disabled son, the Section 59 conditions required that the mobile home be removed as there would be no ongoing need to have it remain on the site. It should be noted that it was a common approach at the time to treat a mobile home on the same lot as a main dwelling in the rural zone as similar to a granny suite when it was being Page 3 of 7 147 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 used to support a relative of the land owner residing in the main dwelling. The living situation in both the main dwelling and the mobile home I on the subject site has changed since the rezoning of the site in 1991. Mr. Thorne, who now resides at the dwelling at 1770 Sand Cove Road, is seeking to sell the property. Ms. Graham resides in the mobile home, and wishes to remain there, despite the potential sale of the property. The current Section 59 amendment application and proposed subdivision are designed to help facilitate the sale of the main dwelling, while permitting Ms. Graham to remain in the mobile home on a newly created separate lot. Municipal Plan: Park and Natural Area The majority of the site is located in the Park and Natural Area land use designation. The City's Municipal Plan identifies these areas as being predominantly in a natural state, and should be protected in their current form, or re -naturalized if they have been impacted by human impact. These policies reinforce the Plan's position in recognizing the importance of preserving sensitive ecological areas, like Saint's Rest Marsh. The area of the subject site that are within the Saint's Rest Marsh include a large portion of PID 55100622, and smaller portions of PID Nos. 55100630 and 00403592 (see Map 6) and are therefore identified as provincially significant wetland. The ecosystem functions of wetland areas, like Saint's Rest Marsh, are critical in supporting the sustainability and biodiversity of the surrounding region. Limiting human impacts on these areas is essential to preserve the marsh's continued natural functions, and promote responsible environmental stewardship. As such, staff recommend that, pursuant to Section 59 of the Community Planning Act, a condition be imposed on proposed "Lot 18-1" that does not permit the development of any structure, driveway or parking area in the area of the lot that is located in the Park and Natural Area land use designation, which includes all the areas of the subject property that lie within the provincially significant wetland designation. Municipal Plan and Zoning Bylaw: Rural Area The existing dwelling and mobile home are situated toward the front of the lot abutting Sand Cove Road and are located in the Rural Resource land use designation. The areas in this land use designation are predominantly undeveloped lands that are intended to form part of the rural economy through resource extraction activities, but include the provision for limited residential land uses. The subject site is a long-standing residential use in this land use designation, and conforms to the vision for limited residential dwellings in the Rural Resource areas of the City. The property is located in the Rural (RU) zone in the City's Zoning Bylaw, which also contemplates limited residential development, but include the presence of mobile homes. Both the existing dwelling and mobile home satisfy the standards of the Zoning Bylaw. The applicants have indicated that there is no change in land use proposed for the property as the mobile home and single -unit dwelling will continue to exist in their current locations. Page 4 of 7 148 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 Subdivision The proposed subdivision for the existing three parcels subject to the current application represents a boundary adjustment that will restructure the property lines of the site. The subdivision process will result in one less lot than currently exists. The main parcel that contains the existing dwelling owned by Mr. Thorne will retain an area of four hectares, which meets the requirements of the Zoning Bylaw for a lot in the Rural (RU) zone. The proposed Lot 18-1, although technically smaller than the requirements of the Zoning Bylaw, will have been effectively increased in size, resulting in a larger lot than what currently exists. Improving an undersized lot by making it larger is supported by the Zoning Bylaw, even though the resultant lot may still be under the required lot size for the subject zone. Conclusion The applicants are seeking to remove Section 59 conditions that limit the continued presence of the existing mobile home at the subject site. Removing the existing conditions would facilitate the subdivision of the property while allowing the owner of the mobile home to remain in the current location. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternative considerations proposed for this application. 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 property on August 30, 2018. The public hearing for the rezoning was advertised in the Telegraph -Journal on September 12, 2018. SIGNATURES AND CONTACT Prepared; Jody Kliffer, , MCIP, RPP Planner Page 5 of 7 149 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 Reviewed: x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Jody Kliffer Phone: (506) 632-6846 E-mail: jody.kliffer@saintjohn.ca Project: 18-136 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 7 150 Brian Thorne & Sonya Graham 1770-1790 Sand Cove Road September 14, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Map 6: Provincially Significant Wetlands Submission 1: Tentative Subdivision Plan Submission 2: Proposed Lot Boundaries Page 7 of 7 151 Map 1 - Site Location The City of Saint John + 1 Date: August -24-18 Brian Thorne & Sonya Graham - 1770-1790 Sand Cove Woad I 250m John Map 2 - Future Land Use ate:cb The City Septof ember -12-18 Date: September -12-18 Brian Thorne & Sonya Graham - 1770-1790 Sand Cove Koad I 2I R2 ',CC% kjpr,Ar- 71/ R2 P Irving Nature Park (CG) General Commercial (R1) One -Unit Residential (CL) Local Commercial (R2) Two -Unit Residential (FD) Future Development (RU) Rural (P) Park (PQ) Pit & Quarry Map 3 - Zoning 11 Brian Thorne & Sonya Graham - 1770-1790 Sand Cove Koad Section 39 Conditions The City of Saint John + Date: September -12-18 a 0 150 m jL ii new _ Map 4: Aerial Photopgrahy 155 Brian Thorne & Sonya Graham - 1770-1790 Sand Cove Road AIV The City of Saint John + Date: September -12-18a 0 75 m Or AIV The City of Saint John + Date: September -12-18a 0 75 m . .. .. ........ . ........ 'r, 0, -_ ----__ -ya!'rr.-. _ � =--_=aria . _ ' '== -_ :palet.. ���'� 44 1 10- --.,�.KL; Ij, z. 7:7 A& JY ial yg A& .... . . . . . . Z-1 7.1 It, ..... ....... kb.. Y" ......... ... . .. L! Map 6 - Provincially Significan15t Wetlands Brian Thorne & Sonya Graham - 1770-1790 Sand Cove Road P�� Provincially Significant Wetlands -00000E-- The City of Saint John Cb Date: September 12, 2018 0100 M I I Photo 1: Main Dwelling Photo 2: Mobile Home Photo 3: Property from Street Photo 4: Entrance to Park Site Photography The City Saint John + 157 Date: September -14-18 Brian Thorne & Sonya Graham pprovals Parcel B Plan 20301983 PID 55176010 Provincially Significant Wetland Boundary Provincially Significant Wetland 30.000m Buffer Title Data PID 00403592 Owner: Brian R. Thorne Document 10432467, Volume 2065, Page 187 Registered: 1999-08-23 PID 55100622 & 55100630 Robert R. Thorne and Brian R. Thorne to Sonya Rose Graham and Bradley B. Thorne Document 10432509, Volume 2065, Page 492 Dated: August 20, 1999 Registered: August 23, 1999 Parcel C Plan 20301983 PID 55176010 0) �v Parcel A rn rn 6577m2 18-1 1.88ha #352 1992 30.000 Wide area subject to Regulation 90-80 of the Clean Water Act Remnant of Brian R. Thorne )Document 10432467, Volume 2065, Page 487 y PID 00403592 3.34ha Total Area including Parcel A: 4.00ha � 6026 01„ 48 587 Parcel B 55100622 P)o 100630 V)\0 55 8094m2 00 3� 230 30.000 Wide area subject to Regulation 90-80 of the Clean Water Act Signature of Owners Brian R. Thorne Sonya Rose Graham Bradley B. Thorne !ZO �e e 003 58 dGO 10\� 46.� 18See -7003550, 158 Hughes 1998 Hughes 1998 Watercourse and Wetlands Alteration Regulation Note These areas may be subject to the Watercourse and Wetlands Alteration Regulation 90-80 of the Clean Water Act. Prior to undertaking any alteration in this area, contact the Department of Environment's Regional Office to determine potential regulatory requirements. Areas identified as Regulated Wetlands or Provincially Significant Wetlands have been mapped using Service New Brunswick Digital Data. No.###### Key Plan Scale = 1:50,000 Legend SMS - Standard survey marker set Q SMF - Standard survey marker found Q CALC - Calculated point RIB - Round iron bar found ■ SQIB - Square iron bar found O IP - Iron pipe found Tabulated coordinate reference Lands dealt with by this plan Notes 1. All computations performed and coordinates shown are based on the NB stereographic double projection and the NAD83(CSRS) ellipsoid as realized by Service New Brunswick's Adjusted Grid Monument System. 2. All distances shown are grid distances calculated using a combined scale factor utilizing geoid model HT2.0. 3. All directions are NB grid azimuths established using GNSS. 4. Document and plan numbers referred to are those of the land titles or county registry office. 5. Certification is not made as to legal title, being the domain of a lawyer, nor to the zoning & setback bylaws or regulations, being the domain of a development officer. 6. Certification is not made as to covenants set out in the document(s) and the location of any underground services and/or fixtures permanent or otherwise. 7. Peripheral information and adjacent owner information was derived from SNB records. 8. Field survey was completed in July, 2018. Purpose of Plan To create Lot 18-1 to accommodate existing conditions. To create Parcel A for future administrative consolidation with the Brian R. Thorne Property. To create Parcel B for future administrative consolidation with Lot 18-1 to accommodate existing conditions. Subdivision Plan Brian R. Thorne, Sonya Rose Graham & Bradley B. Thorne Subdivision 18-1 1770 Sand Cove Road, City of Saint John, Saint John County, NB 0 10 20 30 40 50 100 Scale = 1:1000 0 20 40 60 80 100 200 Scale = 1:2000 Lot 18-1 Parcel B Total Area: 2.69ha Remnant of Brian R. Thorne Parcel A Total Area: 4.00ha C2 � � I v o ® FZoad Sketch Showing Final Property Gose Boundaries of the ' Sa`rd2p.1AI �3p1g83 Brian R. Thorne, Sonya \an2 Seep Rose Graham & Bradley B. Thorne Subdivision 18-1 1770 Sand Cove Road, City of Saint John Saint John Countv. NB Developr��ent Sho l 1Fl- PLANNING 13l ll_f)lt� � 1 SAR+i7'Iiy:ti.N onestop0saintiohn.ca Phone: x+58-291 ; Fax -632-6199 General ApplieaHon Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS:J�� PID#: —}o 2 L" HERITAGE AREA: Y / N INTENSIFICATION AREA: Y/ N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N a ' APPLICATION #: GV i DATE RECEIVED: RECEIVED BY: .� ' APPLICANT EMAIL - -t Savia burin PHONE C . Z 0 MAI LING ADDRESS STAL CODE �,. CONTRACTOR EMAIL PHONE 0 LL Z MAILING ADDRESS POSTAL CODE z I / l `7 ers J OWNER EMAIL PHONE a ' MAILING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: .:, BUILDING -- PLAN41N6 - INFRASTRUCTURE - HE#2JTAGt . '-' ❑INTERIOR RENOVATION ❑NEW CONSTRUCTION ❑VARIANCE❑STREETEXCAVATION ❑HERITAGE DEVELOPMENT Qx ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAY CULVERT ❑ HERITAGESIGN ❑ ADDITION ❑ POOL E] PAC APPLICATION F] DRAINAGE ❑HERITAGE INFILL ;. ❑DECK ❑ DEMOLITION OUNCILAPP ❑ WATER &SEWERAGE ❑HERITAGE DEMO ❑ CHANGE OF USE ❑ SIGN SUBDIVISION ❑ OTHER ❑ OTHER ❑MINI MUM STANDARDS ❑OTHER ❑OTHER 0 O o i 0: 3 iu ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Cofleetion Statement This information is being collected in order for the City of Saint John to deliver an existing program service; the collection is limited to that which is necessary to deliver the program service. Unless required to do so by law, the City of Saint John will not share your personal information with any third parry without your express consent. The legal ourhoriry for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy AcG For further information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 81h Floor - 15 Market Square_, Saint John, NB F2L i F8 commggclerk� �yinuohnea (506) 658-2862 'necx� asra W� 1, the undersigned, hereby apply for the permits) or approval(sil, indicate above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with ail relevant City By-laws and conditions imposed. Applicant Name Applicant Signature Date 160 f��--� :�� Council Application Derreopmerlt Shy GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1-77APPLICATION # j�62 1 FEE PAiD Y N TYPE OF APPLICATION ❑ Land for Public Purposes Release ,Service Fee: $300 /Section 39 Amendment Sirvice Fee: $2,500 ❑ Non -Conforming Use Service Fee: $200 ❑ Zoning By-law Amendment Service Fee: $2,500 ❑ Satisfactory Servicing Service Fee: $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested Attach site plans, building elevations, floor plans, and other documentation to fully describe the application_ The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval_ Please contact the One -Stop Development Shop at (506) 658-2911 for further information V r{p bw -(& (ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. X Y Registered OwA& " or Agent ddditional Regis red Owner Julu Z_." I I Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Aoolication Form 161 PROPOSED SECTION 59 AMENDMENT RE: 1770-1790 SAND COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, September 24, 2018 at 6:30 p.m., by: Amending the Section 59 conditions imposed on the November 7, 1991 rezoning of the property located at 1770-1790 Sand Cove Road, also identified as PID Nos. 55100622, 00403592, and 55100630 to permit the continued presence of the existing mobile home located on the site. (INSERT MAP) REASON FOR CHANGE: To permit the continued presence of the existing mobile home located on the site. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARTICLE 59 OBJET: 1770-1790 CHEMIN SAND COVE Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'Arr6t6 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 24 septembre 2018A18h30: Modification des conditions impos6es en vertu de ]'article 59 relativement la modification au rezonage, qui ont eu lieu le 7 novembre 1991 de la propriet6 situ6e au 1770-1790, chemin Sand Cove, et portant les NIDs 55100622, 00403592, et 55100630 pour permettre la presence continue de la maison mobile existante situ6e sur le site. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour permettre la pr6sence continue de la maison mobile existante situee sur le site Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a l'b6tel 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 ecrit a ]'attention du soussign6 a 1'h6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 162 o 0 CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John By-law Number M-14 An uncertified copy of this by-law is available online 164 Arrete relatif aux normes d'entretien et d'occupation des batiments et des lieux dans The City of Saint John Arrete numero M-14 Une copie non certifiee de 1'arrete est disponible en ligne TABLE OF CONTENTS Section Description Page Recitals 1 Title 2 Definitions 3 Interpretation 4 Adoption of Code 5 Appointment of By-law 7 Enforcement Officers 6 Inspections 7 General Duties & Obligations 8 Responsibilities of Occupants 9 Cooking Facilities 10 Plumbing 11 Toilet, Wash & Other Sanitary Fonctions et responsabilites Facilities 12 Garbage, Storage & Disposal 13 Fire Protection Measures 14 Egress 15 Floors 16 Basements, Cellars & Unheated Crawl Spaces -2 - Page 4 5 5 7 8 9 9 9 9 10 10 10 11 11 12 12 13 165 TABLE DES MATIERES Article Designation Page Preambule 4 1 Titre 5 2 Definitions 5 3 Interpretation 7 4 Adoption du code 8 5 Nomination des agents charges 9 de 1'execution des arretes 6 Inspections 9 7 Fonctions et responsabilites 9 8 Responsabilites des occupants 9 9 Installations de cuisine 10 10 Plomberie 10 11 Salles de toilette, salles de bain 10 et autres installations sanitaires 12 Entreposage et elimination des 11 dechets 13 Mesures de protection- 11 incendie 14 Issues 12 15 Planchers 12 16 Sous -sols, caves et vides 13 sanitaires non chauffes 17 18 19 20 21 22 23 24 25 26 27 28 29 -3- Water Damage 13 17 Degats causes par Peau 13 Doors & Windows 13 18 Portes et fen&res 13 Exterior Walls 14 19 Murs exterieurs 14 Stairs, Porches & Landings 14 20 Escaliers, porches et paliers 14 Handrails 14 21 Mains courantes 14 Retaining Walls 15 22 Murs de soutenement 15 Signs 15 23 Panneaux 15 Air Conditioners & Projections 15 24 Climatiseurs et saillies 15 Order to Comply 16 25 Ordonnance de conformite 16 Admissible Evidence 17 26 Preuve admissible 17 Appeals 18 27 Appels 18 Offences 19 28 Infractions 19 Repeal 20 29 Abrogation 20 Schedule "A" 22 Annexe « A » 22 Order to Comply Ordonnance de conformite 166 RECITALS WHEREAS, the owners of residential properties within the City of Saint John shall ensure that their buildings and premises comply at all times with standards provided for in this by-law; AND WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will establish standards governing the condition, occupancy and maintenance of residential properties in the City of Saint John; AND WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will provide safeguards for the safety, health and welfare of the general public and of occupiers and users of residential properties in the City of Saint John; AND WHEREAS, paragraph 10(1)(e) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by- laws for municipal purposes respecting the maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 17(b) of the Local Governance Act authorizes a local government to adopt and incorporate by reference in the by-law codes respecting maintenance and occupancy of buildings and premises approved by regulation under paragraph 191(1)(c) of the said Act; AND WHEREAS, subsection 149(3) of the Local Governance Act provides that a person who violates or fails to comply with a by-law made under paragraph 10(1)(e) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence; 167 PREAMBULE ATTENDU QUE, les proprietaires de residences dans the City of Saint John s'assure que leurs batiments et les lieux sont conformes, en tout temps, aux normes prevues dans le present arrete; et ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a fixer les normes regissant 1'etat, Foccupation et Fentretien des residences dans la ville de Saint John; et ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a garantir la securite, la sante et le bien-etre du public ainsi que des occupants et usagers des residences dans la ville de Saint John; et ATTENDU QUE, Falinea 10(1)e) de 1a Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que les gouvernements locaux peuvent, relativement a quelque fin municipale que ce soit, prendre des arretes concernant les normes d'entretien et d'occupation des batiments et des locaux; et ATTENDU QUE, le paragraphe 17(b) de la Loi sur la gouvernance locale autorise le gouvemement local a adopter et incorporer par renvoi des codes concernant soit 1'entretien et Foccupation des batiments et locaux approuves par reglement en application de Falinea 191(1)c) de ladite Loi; et ATTENDU QUE, le paragraphe 149(3) de la Loi sur la gouvernance locale prevoit que quiconque contrevient ou omet de se conformer a Farrete pris en vertu de Falinea 10(1)e) commet une infraction punissable sous le regime de la partie 2 de la Loi sur la procedure applicable aux infractions -5 - AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this by- law was discussed, was provided in accordance with the provisions of the Local Governance Act. provinciales a titre d'infraction de la classe F ; et ATTENDU QUE, avis du pr6sent arret6 et de la r6union du conseil communal a laquelle it a &6 d6battu a &6 donn6 conform6ment a la Loi sur la gouvernance locale. NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John, enacts as follows: City of Saint John 6dicte : Title 1 This By-law may be cited as the Saint John Minimum Property Standards By -Law (hereinafter the `By-law"). Definitions Titre 1 Le pr6sent arret6 peut etre cit6 sous le titre Arret6 concernant les normes minimales r6gissant les residences de Saint John (ci-apr&s « Farr&6 0. Definitions 2 The following definitions apply in this By- 2 Les d6finitions qui suivent s'appliquent au law. pr6sent arret6. "by-law enforcement officer" means a by-law enforcement officer, inspection officer or standards officer appointed under this By-law and designated by resolution of Common Council (agent charge de l'ex&ution des arret6s); agent charg6 de 1'ex6cution des arret6s » d6signe un agent charg6 de 1'ex&cution des arret6s, un agent des inspections ou agent des normes nomm6 conform6ment au pr6sent arret&, et d6sign6 par r6solution par le conseil communal (by-law enforcement officer); "City" means The City of Saint John « municipalit6 » d6signe The City of Saint John (municipalit6); (City); "code" means the Residential Properties Maintenance and Occupancy Code annexed as Schedule A to the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act, New Brunswick Regulation 84-86, under the Municipalities Act, and amendments thereto (code); "Common Council" means the elected municipal council of the City (conseil communal); code » d6signe le code d'entretien et d'occupation des r6sidences qui figure a Fannexe «A » du Reglement portant approbation du code d'entretien et d'occupation des r6sidences — Loi sur les municipalWs, Reglement du Nouveau -Brunswick 84-86 ainsi que ses modifications aff6rentes (code); conseil communal » d6signe les membres 61us du conseil municipal de la municipalit6 (Common Council); M "dwelling" means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose (habitation); "dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons (logement); "exit" means that part of a means of egress, including doorways, that leads from the floor area it serves, to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare (issue); "flame spread rating" means an index or classification indicating the extent of spread -of - flame on the surface of a material or an assembly of materials as determined in a standard fire test as prescribed in the National Building Code (indice de propagation de la flamme); "guard" means a protective barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another (garde -corps); "means of egress" means a continuous path of travel provided for the escape of persons from any point in a building or contained open space to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare (moyen d'&acuation); 169 habitation » design un batiment dont une partie sert ou est destine a loger des personnes, que ce batiment soit ou non dans un etat de delabrement qui le rende inhabitable (dwelling); logement » designe une ou plusieurs pieces situees dans une habitation et servant ou destines A loger une ou plusieurs personnes (dwelling unit); issue » designe la partie d'un moyen d'evacuation, y compris les portes, qui conduit de faire de plancher qu'il dessert a un batiment distinct, a une voie de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et ayant un acces a une voie de circulation publique (exit); indice de propagation de la flamme » designe un indice ou classification indiquant 1'ampleur de la propagation de la flamme a la surface d'un materiau ou d'un ensemble de materiaux, determine selon Pessai normalise de resistance au feu prescrit dans le Code national du batiment du Canada (flame spread rating); garde -corps » designe une barriere de protection placee autour des ouvertures dans un plancher ou sur les cotes ouverts d'un escalier, d'un palier, d'un balcon, d'une mezzanine, d'une galerie ou d'un passage pieton sureleve ou a tout autre endroit afin de prevenir une chute accidentelle dans le vide (guard); moyen dWacuation » designe une voie continue d'evacuation permettant aux personnes qui se trouvent a un endroit quelconque d'un batiment ou d'une cour interieure d'acceder a un batiment distinct, a une voie de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et donnant acces a une voie de circulation publique (means of egress); -7 - "national building code" means that current, most updated edition and parts of the National Building Code of Canada adopted by the Province of New Brunswick and the Common Council of The City (code national du batiment); "occupier" means a person who is leasing a dwelling or dwelling unit from another person (occupant); "Order" means an Order to Comply issued by a by-law enforcement officer in the form prescribed in Schedule "A" of this By-law (ordonnance); "owner" means any person entitled to any freehold or other estate or interest in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant, occupant, licencee, permittee or any other person having care, control, domain and management over the premises or who receives any rent or pays municipal taxes in respect thereof (proprietaire); code national du batiment » d&signe 1'6dition et les parties actuelles les plus a jour du Code national du batiment du Canada adoptees par la province du Nouveau -Brunswick et le conseil communal de The City of Saint John (national building code); occupant » designe la personne a qui une autre personne loue une habitation ou un logement (occupier); ordonnance » designe une ordonnance de conformit& &mise par un agent charge de 1'ex6cution des arret&s selon la forme prescrite a 1'annexe « A » du pr&sent arret& (Order); proprietaire » d&signe toute personne qui a droit a un droit en tenure libre ou a tout autre droit ou int&ret sur un bien-fonds, en droit ou en equit&, actuel ou &ventuel, tel qu'un cr&ancier hypoth&caire, un d&biteur hypoth&caire, un preneur a bail, un locataire, un occupant, le titulaire d'un droit ou permis d'usage ou toute autre personne ayant le soin, le controle, la propri&t& pleine et enti&re et la gestion des locaux ou qui en pergoit le loyer ou en paye les taxes municipales (owner); "premises" means land with all its appurtenances « lieux » d&signe un terrain avec toutes ses and structures thereon (lieux); d&pendances et structures y aff&rentes (premises) ; "qualified engineer" means a professional engineer registered with the Association of Professional Engineers and Geoscientists of New Brunswick (APEGNB) who has established competence in the subject being addressed (ingenieur qualifie); "structure" means any construction composed of one or more parts or members, joined together in some definite manner (structure); Interpretation 170 ingenieur qualifie » d&signe un ing&nieur agr&& aupr&s de 1'Association des ing&nieurs et des g&oscientifiques du Nouveau -Brunswick (AIGNB) poss&dant des comp&tences reconnues dans le domaine dont it est question (qualified engineer); structure » d&signe un ouvrage de construction compos& d'une ou plusieurs pieces jointes d'une fagon bien d&termin&e (structure); Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by- laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Adoption of Code 3 Les regles d'interpretation suivantes s'appliquent au present arrete comme suit : a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. Adoption du code 4(1) The code is hereby adopted and 4(1) Le code est adopte et integre par renvoi incorporated by reference in this By-law. dans le present arrete. 4(2) Where there is conflict between the code 4(2) En cas d'incompatibilite entre le code et le 171 and this By-law, the higher standard shall apply Appointment of By -Law Enforcement Officers 5(1) Common Council may, for the purposes of the administration and enforcement of this By- law, appoint by-law enforcement officers who may exercise such powers and perform such duties as may be set out in this By-law, the code or the Local Governance Act. 5(2) A by-law enforcement officer appointed under this By-law shall be issued an identity card bearing his name, title, signature, photograph, the City Crest and the signature of the Building Inspector. Inspections 6 A by-law enforcement officer appointed under this By-law may carry out any inspection that is necessary for the administration or enforcement of this By-law. General Duties & Obligations 7(1) No owner shall permit the use of, rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. 7(2) A person who is leasing a dwelling unit to another person shall affix a number or a letter or a combination of both numbers and letters to the entrance door to every dwelling unit, which can be easily seen and read by persons providing emergency services. Responsibilities of Occupants 172 present arrete, la norme la plus severe s'applique. Nomination des agents charges de 1'execution des arretes 5(1) Le conseil communal peut, pour les fins de 1'administration et de Papplication du present arrete, nommer des agents charges de 1'execution des arretes charges d'exercer les pouvoirs et remplir les fonctions prevus dans le present arrete, le code ou la Loi sur la gouvernance locale. 5(2) Un agent charge de 1'execution des arretes nomme en vertu du present arrete regoit une carte -photo d'identite sur laquelle figurent son nom, son titre, sa signature et sa photographie ainsi que les armoiries de la municipalite et la signature de Pinspecteur des batiments. Inspections 6 Un agent charge de 1'execution des arretes nomme en vertu du present arrete peut effectuer toute inspection necessaire a 1'application ou a 1'execution forcee du present arrete. Fonctions et responsabilites generales 7(1) Il est interdit au proprietaire d'utiliser tout batiment ou partie de batiment non conforme aux normes etablies par le present arrete, d'en permettre Putilisation, de le louer ou de l'offrir en location. 7(2) Une personne qui loue un logement a une autre personne appose, a la porte principale de chaque logement, un numero ou une lettre ou une combinaison des deux pouvant facilement etre vu et lu par les personnes qui fournissent des services d'urgence. Responsabilites des occupants -10- 8(1) Every occupier of a dwelling or dwelling unit shall maintain that part of the premises which he controls or occupies in a reasonably clean, sanitary and safe condition. 8(1) Chaque occupant d'une habitation ou d'un logement doit maintenir la partie des lieux qu'il occupe ou qui est plac6e sous son autorit6 en bon Etat de propret6, de salubrit6 et de s6curit6. 8(2) An occupier shall not obstruct an exit over 8(2) Un occupant n'obstrue pas une issue which he has control. plac6e sous son autorit6. Cooking Facilities Installations de cuisine 9(1) Where a dwelling unit is provided with 9(1) Dans le cas ou un logement serait doth cooking facilities: d'une installation de cuisine : (a) the unit must be equipped with a sink with hot and cold running water; and (b) the unit must have a floor area of at least 11.2 square metres if the unit is occupied by only one person. 9(2) A kitchen used by the occupiers of more than one dwelling unit shall contain a sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres of space for each occupier. Plumbing 10 Every dwelling and dwelling unit shall contain plumbing which shall meet the standards and requirements of the national building code. Toilet, Wash & Other Sanitary Facilities 11(1) Toilet rooms, bathrooms and shower rooms serving more than one dwelling unit shall be accessible from a public hallway. 11(2) Toilet rooms, bathrooms and shower rooms shall be fully enclosed and have doors that are capable of being locked from the inside only. 173 a) le logement doit Etre doth d'un 6vier aliment6 en eau courante chaude et froide; et b) le logement doit avoir une afire de plancher d'au moins 11,2 metres carr6s s'il est occup6 par une seule personne. 9(2) Une cuisine utilis6e par les occupants de plusieurs logements est dotee d'un 6vier, d'installations de cuisson et d'un r6frig6rateur qui pr6voit au moins 0,056 metres cubes pour chaque occupant. Plomberie 10 Chaque habitation et chaque logement sont dotes de plomberie qui r6pond aux normes et aux exigences du code national du batiment. Salles de toilette, salles de bain et autres installations sanitaires 11(1) Les salles de toilette, les salles de bain et les salles de douche utilis6es par les occupants de plusieurs logements sont accessibles a partir d'un corridor public. 11(2) Les salles de toilette, les salles de bain et les salles de douche sont compl&tement closes et dotes de portes se verrouillant de l'int&rieur -11 - These rooms shall provide privacy to the seulement. De telles salles garantissent 1'intimite residents. des residents. Garbage, Storage & Disposal 12 Every owner shall: (a) provide an exterior garbage enclosure which shall be adequate to contain two week's garbage; and (b) dispose of the garbage and refuse in accordance with the provisions of the Saint John Solid Waste By -Law. Fire Protection Measures 13(1) Every owner shall provide fire separations between adjacent units, hallways, exit paths, and floor assemblies by a fire separation having a fire resistance rating of not less than that required by the national building code. 13(2) Furnace rooms, service rooms, storage rooms, and garages must be separated from the remainder of the dwelling by a fire separation having a fire resistance rating of not less than that required by the national building code. 13(3) Every owner of a dwelling shall install and maintain a smoke alarm in good working order within 5 metres of every bedroom and at least one smoke alarm is to be provided on every floor level. 13(4) An occupier shall not disconnect or remove smoke alarms or remove batteries of smoke alarms within their dwelling or dwelling unit. Entreposage et elimination des dechets 12 Le proprietaire : a) fournit une enceinte a dechets exterieure pouvant recevoir les dechets de deux semaines enti&es; et b) assure 1'e1imination des ordures et dechets conformement aux dispositions de 1'Arr&t sur les dechets solider de Saint John. Mesures de protection-incendie 13(1) Tout proprietaire fournit des separations coupe -feu entre les logements adjacents, les couloirs, les voies d'issue et les elements de plancher ayant un degre de resistance au feu au moins egal a celui exige par le code national du batiment. 13(2) Les chaufferies, les locaux techniques, les locaux d'entreposage et les garages doivent etre isoles du reste de Mabitation par une separation coupe -feu ayant un degre de resistance au feu au moins egal a celui exige par le code national du batiment. 13(3) Tout proprietaire d'une habitation installe un avertisseur de f imee a moins de 5 metres de chaque chambre a coucher et le maintenir en bon etat de fonctionnement. De plus, au moins un avertisseur de fumee est installe a chaque etage. 13(4) Dans son habitation ou son logement, un occupant ne debranche pas ou n'enleve pas les avertisseurs de f imee ou n'en retire pas les piles. 13(5) Every owner of a dwelling shall provide 13(5) Tout proprietaire d'une habitation veille a 174 -12 - that all exposed interior surfaces shall have a flame spread rating of not more than 150 as per Appendix D of the national building code, except whereas permitted by the national building code. 13(6) Every owner of a dwelling not provided with sprinkler protection shall provide each bedroom with one exterior window openable from the inside without the use of tools or special knowledge and shall provide unobstructed opening with areas not less than 0.35 square metres and with no dimension less than 380 millimetres. Egress ce que toutes les surfaces interieures exposees aient un indice de propagation de la flamme d'au plus 150 conformement d 1'annexe « D » du code national du batiment, sauf dans les cas permis par le code national du batiment. 13(6) Tout proprietaire d'une habitation non dotee d'une protection par gicleurs installe dans chaque chambre a coucher une fenetre exterieure ouvrable de 1'interieur sans outils ni connaissances speciales qui offre une ouverture degagee d'une surface d'au moins 0,35 metres carres, sans qu'aucune dimension ne soit inferieure a 380 millimetres. Issues 14(1) Every dwelling unit shall have safe, 14(1) Chaque logement a un acces sur, continu continuous and unobstructed access to exits. et non obstrue a une issue. 14(2) There shall be provided two means of egress from every floor area in a dwelling. Two separate exits in opposite directions must be available from an egress door from a dwelling unit which opens onto a corridor or exterior passageway, unless the dwelling unit has a second and separate means of egress. 14(3) Where a dwelling unit has a direct access to an exit at street or grade level, a single exit is permitted, provided that the exit serves only that dwelling unit. 14(4) Where an occupier must travel more than one flight of interior stairs to access an exit, the dwelling unit must be provided with a second exit. Floors 15(1) Every floor shall not have a slope of more than 10 millimetres in 2 metres. 175 14(2) Deux issues distinctes sont prevues a chaque etage d'une habitation. Deux issues distinctes situees dans des directions opposees doivent pouvoir etre atteintes a partir d'une porte de sortie d'un logement qui donne sur un couloir ou une voie de passage exterieure, sauf si le logement comporte un second moyen d'evacuation independant du premier. 14(3) Dans le cas ou le logement communiquerait directement avec une issue au niveau du sol ou de la rue, it est permis de n'avoir qu'une seule issue, pour autant que celle-ci ne serve qu'd ce logement. 14(4) Dans le cas ou un occupant devrait monter ou descendre plus d'un escalier interieur pour acceder a une issue, le logement doit en compter une seconde. Planchers 15(1) Les planchers n'ont pas une pente de plus de 10 millimetres sur 2 metres. -13- 15(2) Every owner shall provide and maintain in good repair guards around openings in interior floors, exterior decks, landings, porches, and balconies and at the open side of stairs, and shall be: (a) not less than 900 millimetres in height in the case of stairways and interior floor openings, and not less than 1070 millimetres in height in all other cases; (b) spaced not greater than 100 millimetres apart; and (c) not facilitate climbing. 15(2) Tout proprietaire fournit et maintient en bon etat les garde -corps places autour des ouvertures d'un plancher interieur, d'une terrasse exterieure, d'un palier, d'un porche et d'un balcon ainsi que ceux places sur le cote ouvert d'un escalier. Les garde -corps : a) ont une hauteur d'au moins 900 millimetres lorsqu'ils sont places autour des ouvertures d'un escalier ou d'un plancher interieur et une hauteur d'au moins 1 070 millimetres dans tous les autres cas; b) ne sont pas espaces par plus de 100 millimetres; et c) ne permettent pas 1'escalade. Basements, Cellars & Unheated Crawl Spaces Sous -sols, caves et vides sanitaires non chauffes 16 Basements, crawl spaces or cellars shall be kept dry of water on floors by use of ventilation, floor drains or other approved means. Water Damage 17 Any building component which has been subjected to water damage shall be repaired or replaced. Doors & Windows 18(1) Rotted or damaged doors, door frames, window frames, sashes and casings, weather- stripping, broken glass and defective door and window hardware shall be repaired or replaced. 18(2) All windows intended to be opened and all exterior doors in a dwelling unit shall have hardware which will allow them to be locked or 176 16 Les sous -sols, les vides sanitaires ou les caves sont maintenus exempts d'eau au sol au moyen de ventilation, d'avaloirs de sol ou d'autres moyens approuves. Degats causes par Peau 17 Toute composante d'un batiment exposee a un degat cause par Peau est reparee ou remplacee. Portes et fenetres 18(1) Les portes, encadrements de porte, encadrements de fenetre, chassis et dormants pourris ou endommages, les coupe-froid et les vitrages brises et la ferronnerie defectueuse des portes et fenetres sont repares ou remplaces. 18(2) Toutes les fenetres qui ouvrent et toutes les portes exterieures d'un logement comportent des ferrures permettant de les verrouiller ou de les -14 - otherwise secured from inside the building. 18(3) At least one entrance door to a dwelling unit shall have hardware which permits the door to be locked or secured from both inside and outside of the unit. Exterior Walls 19(1) Exterior walls and exterior openings shall be maintained in good repair and weatherproofed to prevent the entrance of wind or precipitation into the dwelling. 19(2) Cornices and flashing shall be maintained in a water -tight condition so as to prevent leakage of water into the dwelling. Stairs, Porches & Landings 20(1) Every porch, balcony, exterior fire escape, deck, landing, exit stairs and exterior stairs must be provided with a suitable foundation that extends 1.2 metres below grade or to solid bedrock or has been designed by a qualified engineer. 20(2) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects. 20(3) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be treated with paint or stain or other suitable means as required to prevent deterioration. Handrails 177 condamner de l'interieur du batiment. 18(3) Au moins une porte d'entree au logement comporte des ferrures permettant de la verrouiller ou de la condamner de l'interieur ou de 1'exterieur du logement. Murs exterieurs 19(1) Les murs exterieurs et les ouvertures exterieures sont maintenus en bon etat et etanches de fagon a empecher que le vent ou les precipitations ne penetrent a l'interieur de 1'habitation. 19(2) Les corniches et les solins sont maintenus etanches afin d'empecher Peau de penetrer a l'interieur de 1'habitation. Escaliers, porches et paliers 20(1) Tous les porches, balcons, escaliers de secours, terrasses, paliers, escaliers de sortie, escaliers exterieurs doivent etre dotes d'une fondation appropriee qui doit etre a 1,2 metre au- dessous du niveau du sol ou sur de la roche solidifiee ou conrue par un ingenieur qualifie. 20(2) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement sont entretenus de fagon a etre exempts de pourriture, de deterioration ou d'autres defauts. 20(3) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement sont traites au moyen d'une peinture ou d'une teinture ou d'autres moyens appropries de fagon a prevenir leur deterioration. Mains courantes -15- 21 Every owner shall provide and maintain 21 Tout propri6taire fournit et maintient en handrails in good repair, and shall be: bon Etat les mains courantes qui sont : (a) provided on at least one side of stairs which are less than 1100 millimetres in width; (b) provided on two sides of stairs which are 1100 millimetres in width or greater; (c) continuous throughout the length of the stairway, except where interrupted by doorways or newel posts at changes in direction; and (d) not less than 800 millimetres in height, and not more than 965 millimetres in height. Retaining Walls 22 All retaining walls and barriers shall be: (a) kept in good repair; (b) free from accident hazards; and (c) protected by paint, preservative or other weather -resistant material. Signs 23 All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed, repainted or replaced. a) install&es sur au moins un c6t6 d'un escalier d'une largeur inf6rieure a 1 100 millimetres; b) install&es sur les deux c6t6s d'un escalier d'une largeur de 1100 millimetres ou plus; c) continues sur toute la longueur de 1'escalier, sauf si elles sont interrompues par des entr6es de porte ou des balustres aux changements de direction; et d) d'une hauteur d'au moins 800 millimetres et d'au plus 965 millimetres. Murs de soutenement 22 Tous les murs de soutenement sont : a) maintenus en bon &tat; b) exempts de risques d'accident; et c) prot6g6s au moyen de peinture, d'agents de pr6servation ou d'autres mat6riaux a 1'6preuve des intemp6ries. Panneaux 23 Tous les panneaux et tableaux d'affichage, y compris leurs 616ments de soutien, sont maintenus en bon Etat et tous les panneaux qui sont trop alt6r6s on d6fraichis on dont la peinture est trop craquel6e ou 6caill6e sont enlev6s, repeints ou remplac6s. Air Conditioners & Projections Climatiseurs et saillies 24(1) All air conditioners shall be securely 24(1) Tous les climatiseurs sont bien ancr&s et 178 -16 - anchored and maintained in a safe mechanical and maintenus en Etat m6canique et 6lectrique electrical condition. s6curitaire. 24(2) All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration. Order to Comply 25(1) Where the condition of the premises, dwelling, dwelling unit or structure does not comply with this By-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order which shall: (a) be in writing; (b) be signed by the by-law enforcement officer; (c) state the manner in which the premises, dwelling, dwelling unit or structure does not comply with this By- law; (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and 24(2) Tous les panneaux, avanc6es, marquises, auvents, colonnes montantes, conduits d'6vacuation et autres saillies de m6me nature sont maintenus en bon Etat, bien ancr6s et prot6g6s contre la degradation ou la d6t6rioration. Ordonnance de conformit6 25(1) Lorsque Fkat des lieux, d'une habitation, d'un logement ou d'une structure ne respecte pas les dispositions du pr6sent arret6, un agent charg6 de 1'ex6cution des arr6t6s peut aviser le propri6taire ou l'occupant des lieux, de Phabitation, du logement ou d'une structure en d6livrant une ordonnance qui : a) est &crite; b) est sign&e par Pagent charg6 de 1'ex6cution des arr&&s; c) &tablit 1'existence de la situation menant au non respect du pr6sent arr&6 par Phabitation, le logement, la structure ou les lieux; d) sp6cifie ce qu'il faut faire pour rem6dier a cette situation; e) sp6cifie le Mai accord6 pour rem6dier a cette situation; et (f) if an appeal may be brought under f) sp6cifie le d6lai imparti pour donner subsection 27(1), state the final date for un avis d'appel si un appel peut etre giving notice of the appeal. interjet6 en vertu du paragraphe 27(1). 25(2) An Order referred to in subsection 25(1) 25(2) Une ordonnance vis6e att shall be given: paragraphe 25(1) est notifi6e : (a) if the person to be notified is an individual, by personal delivery on the 179 a) si le destinataire est un particulier, par remise en main propre au destinataire -17 - individual or by posting the Order in a conspicuous place on the premises, dwelling, dwelling unit or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Order in a conspicuous place on the premises, dwelling, dwelling unit or structure. Admissible Evidence 26(1) Proof of giving an Order in a manner provided for in subsection 25(2) may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 25(1), naming the person to whom the Order was given and specifying the time, place and manner in which the Order was given. ou par son affichage sur les lieux, 1'habitation, le logement ou la structure en un endroit visible; ou b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, a tout administrateur, a tout repr&sentant de la corporation ou a tout grant ou a toute personne qui parait etre responsable d'un bureau ou autre 6tablissement de la corporation au Nouveau -Brunswick ou par son affichage sur les lieux, 1'habitation, le logement ou la structure en un endroit visible. Preuve admissible 26(1) La preuve de la notification d'une ordonnance d'une des farons pr6vues au paragraphe 25(2) peut etre faite au moyen d'un certificat ou d'un affidavit pr6sent6 comme 6tant sign& par 1'agent charg6 de 1'ex6cution des arret6s vis6 au paragraphe 25(1), et indiquant le nom de l'int&resse', ainsi que 1'heure, la date, le lieu et le mode de notification de 1'ordonnance. 26(2) A document purporting to be a certificate 26(2) Un document pr6sent6 comme 6tant un under subsection 26(1) shall be: certificat en vertu du paragraphe 26(1) : (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the certificate received the Order. 26(3) In any prosecution for a violation under this By-law, where proof of the giving of an Order is made as prescribed under subsection 26(1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. I a) est admissible en preuve sans qu'il soit n6cessaire de prouver 1'authenticit& de la signature; et b) constitue une preuve concluante que la personne d6sign6e dans le certificat a requ 1'ordonnance. 26(3) Dans toute poursuite pour une infraction en vertu du pr&sent arr&6, lorsque la preuve de la notification de l'ordonnance est faite conform6ment au paragraphe 26(1), it incombe a la personne accus6e de prouver qu'elle n'est pas la personne nomm6e dans le certificat ou 1'affidavit. 26(4) An Order given under subsection 25(2) 26(4) Une ordonnance notifiee en application and purporting to be signed by a by-law du paragraphe 25(2) et presentee comme etant enforcement officer shall be: signee par un agent charge de 1'execution des arretes : (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the Order, and (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the Order is the owner or occupier of the premises, dwelling, dwelling unit or structure in respect of which the Order was given. Appeals 27(1) An owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. 27(2) An Order that is not appealed within the time referred to in subsection 27(1) shall be deemed to be confirmed. 27(3) On an appeal, the committee of Common Council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by 181 a) est admise comme preuve devant tout tribunal de la province sans qu'il soit necessaire de prouver 1' authenticite de la signature; b) fait foi, en 1'absence d'une preuve contraire, des faits qui y sont enonces; et c) dans toute poursuite pour une infraction en vertu du present arrete, doit faire foi, en 1'absence d'une preuve contraire, que la personne qui y est nommee est le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la structure pour lesquels 1'ordonnance a ete effectuee. Appels 27(1) Le proprietaire ou 1'occupant des lieux, de Mabitation, du logement ou de la structure a qui une ordonnance a ete notifiee aux termes du paragraphe 25(2) et qui n'accepte pas les modalites ou les conditions qui y sont enoncees peut interjeter appel devant le comite du conseil communal approprie en envoyant un avis d'appel par courrier recommande au secretaire de la municipalite dans les 14 jours qui suivent la notification de 1'ordonnance. 27(2) L'ordonnance dont it West pas interjete appel dans le Mai imparti au paragraphe 27(1) est reputee confirmee. 27(3) Lors d'un appel, le comite du conseil communal tient, sur le point en litige, une audience au cours de laquelle le proprietaire ou 1'occupant qui interjette appel a le droit d'etre -19 - counsel. 27(4) On an appeal, the committee of Common Council may confirm, modify or rescind the Order or extend the time for complying with the Order. 27(5) The committee of Common Council shall provide a copy of its decision to the owner or occupier of the premises, dwelling, dwelling unit or structure who brought the appeal within 14 days after making its decision. 27(6) An Order that is deemed to be confirmed under subsection 27(2) or that is confirmed or modified by the committee of Common Council under subsection 27(4), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the Order. 27(7) An appeal does not prevent a further Order from being given under subsection 25(2) in relation to a condition referred to in the Order that is the subject of the appeal if there has been a change in the condition. Offences 28(1) A person who fails to comply with the terms of an Order given under subsection 25(2) commits an offence that is, subject to subsections 28(2) and 28(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 28(2) Despite subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under 182 entendu et peut se faire repr6senter par un avocat. 27(4) Lors d'un appel, le comit6 du conseil communal peut confirmer, modifier ou annuler Fordonnance ou proroger le d6lai pour s'y conformer. 27(5) Le comit6 du conseil communal fournit une copie de sa d6cision au propri6taire ou a Foccupant des lieux, de Fhabitation, du logement ou de la structure qui lui a interjet6 appel dans les 14 jours suivant la date a laquelle it a rendu sa d6cision. 27(6) Une ordonnance qui est r6put6e confirm6e aux termes du paragraphe 27(2) ou qui est confirm6e ou modifi6e par le comit6 du conseil communal aux termes du paragraphe 27(4), selon le cas, est d6finitive et lie le propri6taire ou Foccupant, qui sont tenus de se conformer dans le d6lai et de la maniere qui sont pr6cis&s dans F ordonnance. 27(7) Un appel n'a pas pour effet d'empecher la notification d'une autre ordonnance aux termes du paragraphe 25(2) par rapport a une situation indiqu&e dans l'ordonnance faisant Fobjet de 1'appel s'il y eut un changement de situation. Infractions 28(1) Quiconque omet de se conformer aux exigences formul6es dans une ordonnance notifi6e aux termes du paragraphe 25(2) commet une infraction qui est, sous r6serve des paragraphes 28(2) et 28(3), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 28(2) Par derogation au paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, Famende minimale qu'un juge peut infliger en vertu de cette loi relativement a subsection 28(1) shall be $1,000. -20 - Finfraction prevue au paragraphe 28(1) est fixee a 1000$. 28(3) If an offence under subsection 28(1) 28(3) Si Finfraction prevue au paragraphe continues for more than one day, 28(1) se poursuit pendant plus d'une journee, (a) the minimum fine that may be imposed is the sum of (i) one thousand dollars, and (ii) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 28(4) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. Repeal 29 A By-law of The City of Saint John enacted on the 2nd day of September, 2008 entitled "By-law Number M-14, A By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" and all amendments thereto are repealed. 183 a) Famende minimale qui peut etre imposee est la somme des montants suivants : (i) 1 000 $; plus (ii) Famende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Finfraction se poursuit apres la premiere journee; et b) Famende maximale qui peut etre imposee est Famende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Finfraction se poursuit. 28(4) La declaration de culpabilite d'une personne en application du present article n'exclut pas les poursuites ulterieures si cette personne continue de negliger ou d'omettre de se conformer aux dispositions du present arrete. Abrogation 29 L'arrete de The City of Saint John edicte le 2e jour de septembre 2008 intitule «Arrete No M-14, Arrete relatif aux normes d'entretien et d'occupation des bdtiments et des lieux », ensemble ses modifications, sont abroges. -21 - 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. 2018 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2018, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - September 10, 2018 Premiere lecture Second Reading - September 10, 2018 Deuxieme lecture Third Reading - Troisieme lecture 184 - le 10 septembre 2018 - le 10 septembre 2018 Schedule "A" FORM 1 ORDER TO COMPLY (Saint John Minimum Property Standards By-law, By-law Number M-14, ss. 25(1)) Parcel Identifier: Address: Owner(s) or Occupier(s): Name: Address: Local Government issuing order: By-law contravened: -22 - Annexe « A » FORMULE 1 ORDONNANCE DE CONFORMITE (Arrete concernant les normes minimales regissant les residences de Saint John, Arrete numero M-14, par. 25(1)) Numero d'identification de la parcelle Adresse : Proprietaire(s) ou occupant(s) : Nom: Adresse Gouvernement local signifiant l'ordonnance : Arrete enfreint : Provision(s) contravened: Disposition(s) enfreinte(s) : Description of condition(s): Description de la (des) condition(s) Remedy or remedies required: Mesure(s) a prendre : Date by which the remedy or remedies must occur:' Date a laquelle la on les mesures doivent etre prises :' Date by which notice may be appealed: Date a laquelle un appel de l'avis peut etre depose : Process to appeal: Processus d'appel : Potential penalty for non-compliance within Penalite possible pour non-conformite dans le delai specified timer prescrit : 2 Dated at the day of , 20_. Fait a le , 20_. Local Government: Gouvernement local : Signature of By-law Enforcement Officer: Signature de Pagent charge de 1'execution des arretes : 185 -23 - Contact 23 - Contact information of By-law Enforcement Coordonnees de 1'agent charge de 1'execution des Officer: arretes : Name: Mailing address: Telephone: Email: Fax: Corporate seal of the local government Nom: Adresse postale Telephone : Adresse electronique Telecopieur : Sceau du gouvernement local Notes: Notes : 1. All appropriate permits must be obtained and all relevant 1. Tons les permis prescrits doivent etre obtenus et toute la legislation must be complied with in the course of carrying out the legislation pertinente doit etre respectee, pendant 1'execution de la required remedial action. mesure de recours. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'annule pas 1'obligation de respecter with the by-law, standard or order to comply. 1'arret6, la norme ou l'ordonnance de conformite. :• COUNCIL REPORT M&C No. M&C 2018-262 Report Date September 18, 2018 Meeting Date September 24, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: King Square South Short Term On -Street Parking Spaces OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz I Neil Jacobsen RECOMMENDATION Your City Manager recommends Common Council authorize 1St and 2nd Readings of the Traffic By -Law Amendment attached to M&C 2018-262. EXECUTIVE SUMMARY Irving Oil Limited's (IOL) new home office is being constructed on the corner of King Square South and Sydney Street. IOL has recently approached City staff seeking short term on -street parking for their patrons on King Square South as they do not have such facilities off-street. Currently along the south side of King Square South there is one 15 minute parking space and three metered (maximum 2 hour) spaces in front of the Admiral Beatty as well as four metered (maximum 2 hour) spaces in front of IOL's new home office. There are metered (maximum 2 hour) parking spaces along the north (park) side of King Square South. Through discussions with City and IOL staff, there was consensus converting the four metered (2 hour) spaces in front of the IOL home office to 15 minute unmetered spaces, with one of those four spaces being an accessible space, would achieve IOL's goal. The proposed 15 minute accessible space is highlighted blue and the remaing three 15 minute spaces are highlighted red on the following aerial photograph. The attached Traffic By -Law Amendment, if approved, would permit this change to occur. 187 -2 - The City has allowed similar very short term on -street parking provisions in other parts of the City, the South Central Peninsula in particular, to support adjacent businesses such as the prior mentioned Admiral Beatty (highlighted yellow on previous aerial photo), hotels on Smythe Street, and Harbour Station. Allowing similar spaces for IOL's home office would be supported by this past precedence. Pending support for staff's recommedation, Common Council will also see this amendment for 3rd and final reading as well as reflected in an updated/ consolidated Traffic By -Law currently planned to be presented at the October 9 Council meeting. The updated/ consolidated Traffic By -Law also needs to be approved by the Provincial Registrar of Motor Vehicles before becoming effective. Given the request by IOL to align the on -street parking changes with their building opening later this Fall, staff are suggesting the amendment to the current by-law proceed prior to the consolidation. PREVIOUS RESOLUTION N/A Click here to enter text. SERVICE AND FINANCIAL OUTCOMES Implementing this change will have a manageable service and financial impact. There will be a loss of 4 medium term (2 hour) parking spaces for the public, however there are many metered spaces that remain on King Square South and other streets around King Square. There will be some revenue lost from the removed metered spaces but the value is difficult to calculate given the other metered spaces around would satisfy some of the demand. Generally, the Parking Strategy of MoveSJ describes an over -abundance of parking in the South Central Peninsula. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Parking Commission and the Infrastructure Management Division of Growth & Community Development Services provided input. IOL and adjacent property owners provided input as per the attached documentation. The City Solicitor's Office placed the attached Traffic By -Law Amendment in proper translated form. ATTACHMENTS Traffic By -Law Amendment for Council's consideration Input from IOL and adjacent property owners A BY-LAW TO AMEND A BY-LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO Be it enacted by the Common Council of The City of Saint John as follows: A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: 1. Schedule A — Parking for Specified Times is amended by adding the following words under the following headings: Street Side Limits Time King South Sydney Street 15 Square to a point 40 mins. South metres westerly 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., 2018 signed by: ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Lors d'une reunion du conseil municipal, The City of Saint John a decrete ce qui suit : Par les presentes, Farr&& de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et modifications afferentes », decrete le 19 decembre 2005, est modifie comme suit: 1. L'annexe A — Stationnement a des heures precisees est modifiee par Fadjonction des mots suivants sous les titres suivants : Rue Cote Limites Duree place sud de la rue Sydney 15 King Sud a un point a 40 min metres en direction ouest EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2018, avec les signatures suivantes : Mayor / maire Common Clerk / greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 190 IRVING v Holly Young Manager, Infrastructure Development City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 September 18, 2018 Re: King Square South Parking Dear Ms. Young, Thank you for your time and the meeting on August 22nd to discuss options for parking near the Irving Oil, New Home Office. We are extremely excited about the opening of our new building and felt that our discussion surrounding street parking in the immediate proximity was very helpful. Our goal, as discussed, is to work with the City to create a seamless visitor experience for our customers and guests. As this tremendous project for our Company and the City of Saint John moves closer to completion, we would like to endorse the proposal made to convert four spaces in front of the building to 15 -minute unmetered parking. These four spaces (including an accessible space) would allow for some of our short-term and largely elderly customers that prefer to pay bills in-person convenient access, in addition to providing temporary parking to short-term visitors. This proposal also creates well needed temporary parking in the busy King Square region. With more than 1100 employees joining us in the Uptown core, we're anticipating an exciting influx of economic activity. We feel that with the four 15 -minute spaces proposed and the eight spaces that will be located at the rear of our New Home Office; there will be adequate options for the short-term requirements of visitors, customers, and our neighbors. Please find several letters of support from our neighbours along King Square South attached. Sincerely, i A Graham Little Government Relations cc: Jeff Matthews, Irving Oil Limited Ian MacKinnon, Saint John Parking Commission Tim O'Reilly, City of Saint John IRVING OIL 10 Sydney Street • Saint John, NB E2L 5E6 • irvingoil.com 191 O'Reffl , Tim From: Thomas, Hayley <Hayley.Thomas@irvingoil.com> Sent: September -11-18 8:58 AM To: Little, Graham; amyw@cbcl.ca Subject: FW: [EXTERNAL] Parking - King Sq S From: Melissa Smith - SJNPH <msmith1925@rogers.com> Sent: Tuesday, September 11, 2018 8:57 AM To: Thomas, Hayley <Havley.Thomas@irvingoil.com> Subject: [EXTERNAL] Parking - King Sq S Good morning Hayley, As per our conversation yesterday - I wanted to let you know that the management at SJNPH is in full support of the proposed parking changes. It would benefit many of our tenants to have free 15 minute parking along King Square South. Thank you, Melissa Smith Tenant Relations Officer Saint John Non Profit Housing Inc. Rotary Admiral Beatty Complex 14 King Square South Saint John, NB E21L 1 E5 (506) 658-1925, ex201 - Telephone (506) 649-6079 - Fax www.SJNPH.net 1'92 O'Reilly, Tim From: Thomas, Hayley <Hayley.Thomas@irvingoil.com> Sent: September -10-18 2:56 PM To: Little, Graham; Clowater, Amy Subject: FW: Parking Spaces Importance: High Updated email below. From: Angela Campbell <angela_@imperialtheatre.ca> Sent: Monday, September 10, 2018 3:03 PM To: Thomas, Hayley <Hayley.Thomas@irvingoil.com> Subject: [EXTERNAL.] Re: Parking Spaces Importance: High Hi Hayley, Thank you for letting us know about this. Imperial Theatre would support the addition of four new 15 minute parking spaces to be added on King Square South. These spaces would provide a much needed pick-up and drop off zone for theatre patrons. If you have any other questions or need anything else from me please don't hesitate to contact me anytime. Cheers, Anglea Angela Campbell Executive Director F�IMPERIAL r�THEATRE EN<Kn ENGAGE. lusnr[ Imperial Theatre 12 King Square South Saint John, NB E2L5138 CANADA www.imperialtheatre.ca Direct: 506.674.4103 Fax: 506.674.4141 163 Received Date September 19, 2018 Meeting Date September 24, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Provincial Short -Line Railway Complaints Resolution Service Background: The Canadian Transportation Agency (CTA) provides dispute resolution methods for federally regulated railway complaints. Due to the presence of federally regulated railways in areas like East Saint, or communities like Sussex and Moncton, citizens have a clear regulated dispute resolution process available to them associated with their complaints. For example, the Agency can help with complaints rising from noise and vibration (e.g. shunting, idling, whistling, compression or "stretch ing"),crossings, inter -switching and much more. However, residents in West Saint or other communities/neighbourhoods impacted by short -line railways do not have such a dispute resolution service available to them as these railways are provincially regulated. The CTA clearly states that they cannot help with complaints concerning provincially -regulated railway companies, leaving many of the citizens I represent with no clear complaint resolution mechanism. The experience for citizens in Ward 1 with complaints regarding short -line railway, consistently relies on a combination of meetings with municipal, provincial and industry representatives to address any number of complaints, such as noise and vibration (e.g. shunting, idling, whistling, compression or "stretching"), crossings, inter -switching, etc. The absence of a defined complaints resolution process to channel their concerns, like that afforded by the Canadian Transportation Agency, leaves residents with little recourse to have complaints adequately adjudicated. Citizens in proximity to short -line railways should be afforded a clear complaint resolution mechanism, that balances the interests of both community residents and industry partners. The creation of such a mechanism for railway complaints, to be heard and settled through a clear defined process for provincially regulated railways is a win -win-win for residents, industry and local government. For more information on the Canadian Transportation Agency dispute resolution service refer to: https://otc- cta.gc.ca/eng/complaints-and-disputes-about-rail-transportatio lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 194 Motion: Direct the City Manager to communicate to the Department of Transportation and Infrastructure the desire of Saint John Common Council to see the creation of a provincial Complaints Resolution Process over provincially regulated short -line railways, similar to that in place for federally regulated railways by the Canadian Transportation Agency. Respectfully Submitted, (Received via email) Greg Norton Councillor (Ward 1) City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I v, rww.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4Li 195 :`_fi trf-Hr 1 COUNCIL REPORT M&C No. 2018-236 Report Date August 07, 2018 Meeting Date August 20, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tucker Park Recreation Association Request For Funding from the Tucker Park Fund To Build A Wheelchair Accessible Viewing Deck OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emilie Michael Hugenholtz Neil Jacobsen Murphy Marc Doucet RECOMMENDATION Your City Manager recommends Common Council approve the release of $15,750 of the accumulated interest from the Tucker Park Trust Fund, contingent upon successful acquisition of Federal Government Enabling Accessibility grant, to be used for Park improvement. EXECUTIVE SUMMARY There is currently an amount of $261,540.54, with a principle portion of $10,000.00, vested to, and held in trust by, the City Of Saint John to be used for the maintenance and improvement of Tucker Park. The Tucker Park Recreation Association (TPRA) is a non-profit group that was established to create recreational opportunities promoting citizen involvement as well as enhancing environmental awareness and protection of the area. The TPRA has been mandated by the Council of the City of Saint John to enhance and maintain the Park in partnership with the Transportation and Environmental Services department. The TPRA would like to use a portion of the accumulated interest from this fund to contribute 35% of the funding for a $45,000 proposed project at the park, which is intended to improve accessibility to the park through improved pathways and a wheelchair accessible viewing deck. The remainder of the 196 -2 - project is proposed to be funded by the Government of Canada Enabling Accessibility Fund. The TPRA has worked with City staff to ensure that this project will be sustainably constructed and has agreed it can be removed at the end of its service life if sufficient funding for repairs is not available. This project has also been endorsed by the YMCA in Saint John, the 'Zoomers on The Go, Fit After 50' program, Ability New Brunswick, and the City of Saint John member of Parliament. Click here to enter text SERVICE AND FINANCIAL OUTCOMES The improvement of the pathway and a wheelchair accessible ramp and viewing deck will allow people of all abilities to experience the Kennebecasis River. Although the City of Saint John will inspect the structure and provide routine maintenance, future replacement or removal is intended to be funded through the Tucker Park Trust Fund and other funding sources if available. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department, and Department of Finance provided advice in developing this report. ATTACHMENTS Aerial Photograph of Proposed Deck Site at Tucker Park........... Appendix A Tucker Park Trust Fund Agreement ............................................. Appendix B Employment and Social Development Grant Application, as submitted by the Tucker Park Recreation Association .............................................Appendix C 197 -3- APPENDIX A tom' � ";s . _ ��..� � • .�'�� .... .. �.; ,.:.- Figure 1. Aerial photograph of proposed deck site at Tucker Park HE -4 - APPENDIX B L i fil ='CIFV; F' V.. 1521 *i i 1tr'-vPff1iNjj TIM. e'r Pi7rA, in thr f'it ,,; ,�,'Qjr1t •t'}iLrj. An Ai!t M�F1"r"intf Tucki-r f'.rr1t in [h(� l'iT4 +Jf ;i.1�1�# •11r��', Ser. e[, 1. TrUSLdo�Fircd Rc[ciFr cif to-1rrrb�r1A I ;o ill , i jAG r Mtfe in lkr- Cit}- of 'L'-:= :c:rr.r ori gc la 15 CTT. 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Tticicp.r; 199 h F i' �i J L Employment and Emploi et Social Development Canada Nveloppement social Canada "Program: Enabling Accessibility Fund for small projects (name of program to which you are applying for funding) Protected B When Completed Standard Grant Application for Funding (SGAF) The funding program underwhich your organization is applying has specific eligibility requirements. The Standard Grant Application for Funding should clearly show how the proposed project meets these requirements. Also, if applying in the context of a Call for Proposal or another time -sensitive process Employment and Social Development Canada (ESDC) must receive the Standard Grant Application for Funding by the closing date. Documentation received after a posted closing date will not be accepted. Before completeing this Standard Grant Application for funding, please read both of the following thoroughly: • The Applicant Guide, which contains information on how to complete and submit this form; and • The funding program's website. Unless otherwise indicated in the Applicant Guide, all parts of the application must be completed. This document contains the following sections: Section A - Notice to Applicants Section B -Application Part t - Organization Part 2 - Project Part 3 - Funding Part 4 - Additional Information (Optional) Part 5 - Signatures Section C - Articles of Agreement Schedule A - Project Description and Signatures Thank you for your interest in our program. 11*1 ESDC EMP5585 (2016-04-003) E Page of Canacta 200 SECTION A - Notice to Applicants Please note that this document is a combined Application for Funding and Articles of Agreement. The Application is subject to an assessment by Employment and Social Development Canada (ESDC) officials. The applicant will be notified of the results of the review. Further, activities started prior to approval of the Application will be deemed ineligible for funding. When submitting the Standard Grant Application for Funding, applicants must have the capacity and be authorized to sign and submit this Grant Application Package on behalf of the Applicant Organization. The information collected in this Standard Grant Application for Funding will be used, and may be disclosed, for the purposes of assessing the merits of your application. As part of the assessment process, the information may be shared with external consultants, review committee members, officials in other departments, federal, provincial andfor territorial governments or Members of Parliament. It may also be used and/or disclosed for policy analysis, research, and/or evaluation purposes. In order to conduct these activities, various sources of information under the custody and control of ESDC may be linked. However, these additional uses and/or disclosures of information will not impact on your proposed project. In the event that the application contains personal information, the personal information will be administered in accordance with the Privacy Act and the provisions governing the protection of personal information that are set out in the Department of Employmen t and Social Development Act. The application is also subject to the Access to Information Act ("AT1A"). The ATIA provides every person with a right of access to information under the control of the department, subject to a limited set of exemptions. Instructions for obtaining access to this information are outlined in the government publication entitled Info Source, which is available at the following website address; http:/AvwwJnfosource.gc.ca. Info Source may also be accessed on-line at any Service Canada Centre. 11*1 ESDC EMP5585 (2016.04-003) E Page of Canacta 201 SECTION B - Part 'I - Organization A. ORGANIZATION IDENTIFICATION -- '1. Legal Name *2. Operating (Common) Name (if differentfrom legal name) *25. Position Title Director Tucker Park Recreation Association Tucker Park Recreation Association Inc. *27, ORGANIZATION CONTACT -ADDRESS M Same as Organization Address n Same as Organization Mailing Address El Different (include below) 13. CRA Business Number 4. Other Registration Number(specify from where) 780387882RC0001 Incorporation Certificate Number 699833 15, Organization Type *6. Organization Category *7. Year Established Nat -for-profit organization Local community organization 2017 *8. Organization Address 22 Secoudon Dr. *9, City or Town *10. Province or Territory 11. Country (if not Canada) *12. Postal Code Saint John NB E2K 5G5 *13. Telephone Number Ex€, 14, Fax Number *15. E-mail Andress 506--646-1136 doug.orford@td.com 16, Mailing Address (if different from Organization Address) 17. City or Town 18. Province or Territory 19. Country (if not Canada) 20, Postal Code 21. Telephone Number Ext. 22. Fax Number '23. Organization's Mandate The Tucker Park Recreation Association was established to create recreational opportunities promoting citizen involvement as well as enhancing environmental awareness and protection of the area. The Association has been mandated by the Council of the City of Saint Jahn to enhance and maintain the Park in partnership with the leisure and recreation services of the City. The Park is the only public access point on the Kennebecasis River, a tributary of the saint John River in southern New Brunswick, with walking trails, beach area, and parking and is utilized by citizens of all ages and abilities. In particular, users from several of the priority neighborhoods in Saint John such as Crescent Valley, the Old North End, and Waterloo Village have access to the park through public transportation and different levels of walking paths provide recreational opportunities with nature for various ages. Community programs offered at the park have ranged from musical entertainment to water safety courses and kayaking for children, adults, and seniors as well as general public use of the beach and trails. B. ORGANIZATION CONTACT This should be our primary contact person In respect to this application for funding. *24. Given Name Doug *Surname Orford *25. Position Title Director '26. Preferred language of communication Written: ❑f English ❑ French Spoken: Q English French *27, ORGANIZATION CONTACT -ADDRESS M Same as Organization Address n Same as Organization Mailing Address El Different (include below) 28. Contact Address 29. City or Town 30. Province orTerritory 31. Country (if not Canada) 32. Postal Code 33. Telephone Number Ext. 34. Fax Number 35. E-mail Address *Denotes mandatory field Canacta ' ESDC EMP5585 (2016-04-003) E Page of 202 C. ORGANIZATIONAL CAPACITY 36. How many employees does your organization currently have? 1 '37. Does your organization owe any amounts to the Government of Canada? ❑ Yes Q No If 'Yes', please complete the fields bel owfor each amount owing: Amount Nature of the amount owing Department or agency Owing (e.g. taxes, penalties, overpayments) to which amount is owed 38. If an amount is owing, is a payment plan in place? -A. ------------------------ E] Yes O No B. L] Yes No C.------------------------------- � Yes Na D, Yes E] No SECTION B - Part 2 - Project A. PROJECT IDENTIFICATION '39. Project Title Tucker Park observational Deck and Ramp *40. Planned Project Start Date (yyyylmmldd) 141. Planned Project End Date (yyyyimmldd) 2019/04/01 2019/04/30 E. PROJECT. DESCRIPTION - -_ *42. Project Summary (Please provide a short description of the proposed project including main objective) The Tucker Park Recreation Association is applying for funding under the Community Accessibility Stream. Tucker Park is the only public access point on the Kennebecasis River with walking trails, a beach area, and parking and is a Stonehammer UNESCO Global Geopark with a diverse historical, geological, and environmental. setting. This public park is open for use for the general public but only certain parts of the park are available to people with disabilities. While a paved road leads down to the beach area, the accessible route stops short of providing a view of the Kennebecasus River and the nature and scenery found along the riverside. Currently, the space is being used as an informal viewing point of the river, accessible through walking paths that those with mobility issues would not be able to access. The limited access of all the park has to offer prevents people with disabilities from pursuing use of the park for recreation, health, and the opportunity to connect with nature. As indicated by the goals of "A Framework for Recreation in Canada 2015: Pathways to Wellbeing," it is important to connect Canadians with nature through recreation and, furthermore, there is a need to increase the access to recreation and nature for those who have barriers against their participation. A wheelchair accessible observational deck and ramp would enable people with disabilities to access all of the benefits that Tucker Park provides to users and encourage the health and wellness of peopl with disabilities in the Greater Saint John area and beyond. *Denotes mandatory fleldCanacta ESRC EMP5585 (2015-04-003) E Page of 203 '43. Project Activities (Please provide details on the activities that will be taking place) Project activities will include, but are not limited to: Initial Building Preparation: Clearing and leveling of the area for the observational platform and required walkways. Precaution will be taken to keep the landscape and environment as undisturbed as possible and community conservation groups and organizations such as the Conservation Council of New Brunswick and ACAP Saint John will be consulted on the appropriate materials and structures. (Approximated Timeframe: 1 week) Installation of Foundational Framework and observational Beck: The excavation and concrete wor for the foundation and structure of the deck and required walkways/ramps for wheelchair access will be completed. (Approximated Timeframe: 2 weeks) Ramp Construction: The installation of the wheelchair accessible ramp and the creation of wheelchair accessible pathways will be completed. Appropriate equipment such as railings will be installed in consultation with appropriate groups. (Approximated Timeframe: 1 week) Completion; As appropriate, sign -age will be installed for directions and information. (Approximated Timeframe: 1-3 days) x44. Please describe how the proposed project addresses the program objectives, and please identify the call for proposal priority underwhich you are applying (if applicable). The goal of the Tucker Park observational deck and ramp is to provide all users, regardless of age and ability, the opportunity to experience all the Park has to offer. Not only are there physical benefits from the recreational activities available, the psychological and social benefits are crucial to ensuring citizens and users feel connected to their community and environment. In order to increase participation in the services available at the park for people with disabilities, the attractions of the park need to be safely accessible and encourage autonomy and independence. The creation of wheelchair accessible pathways to the location and a deck providing an accessible viewing spot of the river will increase the use of Tucker Park by people with disabilities and create an inclusive environment within the community park. The objective of this project falls in line with the objective of the Communit Accessibility Stream as we are aiming to increase the opportunity for people with disabilities to participate in the services at Tucker Park and provide an accessible and safe community spaces that can be enjoyed by all citizens. 1 s45. If the proposed project involves construction or renovation activities, does your organization own the building? ❑ Yes 21 No If 'Yes', please provide proof of building ownership (i.e. property tax bill, property assessment notice, purchase agreement). If 'No', please provide a copy of your lease, indicating that you are responsible for capital improvements as woll as a letter from the Iandord stating that he/ she is agreeable to these improvements. *Denotes mandatory field Canaaa , ESRC EMP5585 (2016-04-003) E Page of 204 "46. Approximately, how many individuals will benefit from the proposed project activities, and how? While the observational deck will benefit anyone who visits the park, the project aims to create a park that is accessible to all ages and range of mobility. In New Brunswick, the percentage of the population with a disability is at 16.4%, the second highest rate in Canada (2012 Canadian Survey on Disability (CSD)). Additionally, according to the 2016 Census, 18.2% of the population in Saint John is over 65 years old and a rapidly aging population in New Brunswick will benefit from more accessible parks and community spaces. The 2012 Canadian Survey on Disability indicates that the prevalence of disability rises with age with 33% of Canadians over 65% reporting a disability. In particular, disabilities relating to mobility affect 27% of Canadians over the age of 75. Therefore, New Brunswick's rapidly aging populati will result in a higher population with disabilities indicating the increasing need for accessible and safe community and outdoor spaces. *47. Please describe the community support for this project, The City of Saint John has endorsed the project and asked the Tucker Park Recreation Park to apply for the Enabling Accessbility Fund. Please see attached letters of support from the following groups/contacts: Member of Parliament Saint Jahn -Rothesay Wayne Long wayne.long@parl.gc.ca 506-657-2500 English Ability New Brunswick Haley Flaro haley.flaro@abilitynb.ca 506-462-9555 English Continued in SECTION B - Part 4: ,Additional information. 14&Please indicate how the proposed projectwill increase opportunities for the target group (Seniors for Now Horizons for Seniors Program and people with disabilities for Enabling Accessibility Fundy to participate in and contribute to community events and programs. The Tucker Park Observation Deck and Ramp Project will result in increased accessibility for people with disabilities and more opportunities to participate in the parks public services such as viewing the river and the Royal Kennebecasis yacht club races, participating in the annual Tucker Park Day, connecting physically with the nature along the riverside and trails, and enjoying the beautiful sunsets and scenery that is available at the community space to nE a few. instead of being limited to the roadway, people with disabilities will have the opportunity to move further into the park right up to the river without limitation. Guided tours and historical and environmental experiences can be adapted and services such as bird watching, outdoor meditation, and star gazing can be provided. *Denotes mandatory field Canacta , ESDC EMP5585 (2016-04-003) E rage of 205 *49. If applicable, please indicate how the target group (Seniors for New Horizons for Seniors Program and people with disabilities for Enabling Accessibility Fund) will be involved in the design and/or realization of the project. There are several organizations and community groups that will be consulted in the process of the design of the project. The Saint John Ability Advisory Committee, an advisory group to the City of Saint John, and ,Ability New Brunswick, a community-based, provincial non-profit organization, have shown their support and willingness to assist and collaborate in the project. Other community stakeholders and target groups among the general public will be consulted throughout the process and would be contacted at the end of the project for feedback. "50. Will this project allow your organization to off erintroduce new activities and/or programs? If so, please explain how. One of the main activities that this program will provide people with disabilities is the opportunity to access the only public access point along the Kennebecasis River with trails, beach area and parking lot. Presently, there a mobility barriers to reaching the riverside and beach areas and people with mobility disabilities in particular are limited to the paved roadway which does not have an unobstructed view of the river. With this accessibility point there are several programs that could be offered for people with disabilities as well as revising existing services to be more inclusive. For example, existing guided tours on the historical, ecological, and geological environment of the park can be adapted to the accessible pathways and observation deck to provide all citizens from the community with the opportunity to participate. Furthermore, new programs such as special meditation sessions, modified recreational activities, and inclusive community events can be created in consultation with appropriate groups. *Denotes mandatory field11*1 ESDG EMP6585 (2016-04-003) E Page of Canacta 206 "51. Will the proposed project or any of its activities involve or benefit to people in English or French -language minority communities? M Yes ❑ No If 'Yes', please provide an explanation and any details on the measures taken to communicate with the targeted audience of your proposed project. Tucker Park is located within 5km of the main francophone school in Saint John, Samuel -de - Champlain School, and the Francophone Community Center. Many park users came From this neighborhood and enjoy the many opportunities provided by the park and all efforts have been made to have brochures and information in both languages. Signage at the Location for the observational deck and ramp will contain both French and English and the francophone community center, with the help of Ability New Brunswick/Capacit6 Nouveau -Brunswick, will be among the community outreach for accessibility options. `52.Will any of the proposed project activities be delivered in a different location than where the head office of your organization is located? 0 Yes [] No If 'Yes', please Include your main address and an address for every other location where project activities will occur: Main Address City or Town Province orTerritory Postal Code A.22 Secoudon Dr. ------ --Saint John -- NB —_—^-- _ E2K 5G5 Secondary Address City or Town Province orTerritory Postal Code 13 -Tucker Beach Road - -----Saint John -- NB C. D. E. *Denotes mandatory field ESDC EMP5585 (2016-04-003) E Page of Canadci 207 SECTION B -Part 3 - Funding A. ANTICIPATED SOURCES OF FUNDING *53. Source Name x54. Source Type 55. Cash 56. In-kind ($ value) *57, Confirmed Cash In-kind ESIDC ESRC $29,250 Tucker park Recreation Association Non -for-profit $15,750 Yes Engineer and Survey (provided by the contractor) $6000 ***Additional Documentation from TP??? Signage and Directions $1000 Total Funding for the Project $45,000 Total Planned Expenditures $29,250 B.BUDGET *58. Cost Category Planned Expenditures ($} *59. ESDC *60. Other - Cash *61 Other - In kind Observation Deck and Materials $16,250 $8,750 Ramp and Wheelchair Accessible pathway $13,000 Engineer and Survey (provided by the contractor) $6000 Signage and Directions $1000 Total Planned Expenditures $29,250 $15, 750 *Denotes mandatory field++'�� +'� ESRC EMP5585 (2616-04-003) E Page of Canal ra 208 C. BUDGET DETAILS *62. Capital Assets: Will capital assets be among your planned expenditures widi ESDC funding? [—] Yes Q No If yes, please explain how the purchases are necessary to carry out the project activities: '63. Further Budget details: The Tucker Park Recreation Association is applying for the Enabling Accessbility Fund on behal the City of Saint John due to strained resources in the municipality. As the City of Saint Joh would be the general contractor for the project, the observation Deck and Ramp would go to tender for design, engineering, and build within the bugetory limits of $45,000. Further budge details will be determined by the City of Saint John and their contracting policies. Any further questions relating to the partnership and project circumstances can be addressed to th main contact person, Doug Orford. *Denotes mandatory field ESDC EMP5585 (2016-04-003) E Page of Canaaa 209 I SECTION B - Part 4 - Additional Information (Optional) j Additional Information Instructions: For each block of text you include below (if any), please specify the section it is meant to continue. SECTION B - Part 1 - Additional Information of the Application for Funding Additional. Contact Person: Brian MacDonald (Director) 978 Kennebecasis Drive Saint John, NB E2K 5A4 Telephone:506-648-9481 Email: bjmacdonal@yahoo.ca B. Project Information Question 47 continued Zoomers on the Go, Fit After 50 Jill Roberts RN, BN jill.roberts@horizonnb.ca 506-674-4307 English Community group The City of Saint John Marc Doucet marc.doucet@saintjohn.ca P.O. Box 1971 Saint John, NB E2L 4L1 506-648-4647 (Municipality YMCA of Greater Saint John Shilo Boucher (President and CEO) s.boucher@saintjohnY.ca 191 Churchill Blvd. Saint John, NB E2K 3E5 506-646-2109 Charitable organization *Denotes rnandatoryfletd Canactai ESRC EMP5585 (2016-04-003) E Page of 210 *Denotes mandatory field ESRC EMP5585 (2016-04-003) E Page of Canad! 211 SECTION B - Part 5 — Signatures In order for your Standard Grant Application for Funding to be eligible for funding, it must be completed and signed by an official representative who must have the capacity and be authorized to sign and submit this Grant Application Package The person(s) signing this form certify(ios) and agree(s) with the following: 1:� A a) I certify that I have the capacity and that I am authorized to sign and submit this Application for Funding on behalf of the "Recipient" organization; b) I certify that the information provided in this Application for Funding and any supporting documentation is true, accurate, and complete to the best of my knowledge. �f r; A.. (please print) Signatory Name (ple se print) Signature Title (please print) Det (yyyy� m-dd) e c- co /7— Title (please print) 12 Dale yyy-mm-dd) Signatory Name (please print) Title (please print) Signature Date (yyyy-mm-dd) ESRC EMP5585 (2016-04-003) E Page of Cmaaa 212 ARTICLES OF AGREEMENT =I*TTA:##►1 HER MAJESTY THE QUEEN IN RIGHT OF CANADA (HEREINAFTER REFERRED TO AS "CANADA"), AS REPRESENTED BY THE MINISTER OF EMPLOYMENT AND SOCIAL DEVELOPMENT AND `Pucker Park Recreation Association Inc. INSERT ORGANIZATION NAME (HEREINAFTER REFERREDTO AS "THE RECIPIENT") HEREINAFTER COLLECTIVELY REFERRED TO AS "THE PARTIES" Whereas the Recipient has applied to Canada for funding to carry out the project; Whereas Canada has determined that the Recipient Is eligible for a grant under the Program mentioned In Schedule A — Project Description and Signatures and that the Project qualities for support; and Whereas Canada has agreed to provide a grant to the Recipient to help it to implement the project; Now, therefore, the Parties agree as follows: 1.0 AGREEMENT 1.1 The following documents, and any amendments thereto, constitute the entire agreement between the Parties with respect to its subject matter and supersedes all previous understandings, agreements, negotiations and documents collateral, oral or otherwise between them relating to its subject matter: (a) These Articles of Agreement (b) Schedule A - Project Description and Signatures ESDC EMP5585 (2016-04-003) E Page of Canad6l 213 2.0 INTERPRETATIaN 2.1 Unless the context requires otherwise, the expressions listed below have the following meanings for the purposes of this Agreement; "Eligible Expenditures" means the expenditures listed in the Project budget in Schedule A — Project Description and Signatures; "Fiscal Year" means the period commencing on April 1 in one calendar year and ending on March 31 In the next calendar year; "Grant" means the grant funds provided by Canada under this Agreement; "Project" means the project described in Schedule A — Project Description and Signatures; "Project Period" means the period beginning on the Project Start nate and ending on the Project End Date specified In Schedule A -- Project Description and S/gnatures; and "Working Day" means Monday through Friday except statutory holidays. 3.0 EFFECTIVE DATE AND DURATION 3.1 This Agreement shall come Into effect on the date it is signed by both Parties and, subject to section 3.2, shall expire at the and of the Project Period unless the Agreement Is terminated on a prior date in accordance with the terms of this Agreement. 3.2 Notwithstanding section 3.1, the rights and obligations of the parties, which by their nature, extend beyond the expiration or termination of this Agreement shall survive such expiration or termination. 4.0 PURPOSE OF THE GRANT 4.1 The purpose of the funding granted by Canada according to the terms of this Agreement Is to enable the Recipient to carry out the Project. The Recipient shall use the grant for paying the Eligible Expenditures of the Project. 5.0 PAYMENT OF THE GRANT 5.1 Canada will pay the Recipient a grant in the amount specified In Schedule A — Project Description and Signatures. The grant will be paid in Instalments In accordance with the Instalment schedule set out under Payment Method Schedule A— Project Description and Signatures. 6.0 APPROPRIATION 6.1 Any payment under this Agreement Is subject to the appropriation of funds by Parliament for the Fiscal Year in which the payment Is to be made. 7.0 REDUCTION OR TERMINATION OF FUNDING 7.1 Canada may, upon not less than ninety (90) days' notice, reduce Its funding under this Agreement or terminate the Agreement as per article 15.0 If: (a) the level of funding for the Program named In this Agreement for the Fiscal Year in which the payment Is to be made under the Agreement is reduced as a result of a governmental or departmental spending decision, or (b) Parliament reduces the appropriation of funds for grants under the Program named in this Agreement. 7.2 Where, Canada gives notice of its Intention to reduce its funding pursuant to section 7.1, and the Recipient is of the opinion that It will be unable to complete the Project in the manner desired by the Recipient, the Recipient may terminate the Agreement upon not less than thirty (30) days notice to Canada. r ESRC EMP5585 (2096-04-003) E Pago of Canacta 214 8.0 RECIPIENT DECLARATIONS 8.1 The Recipient (a) declares that it has provided Canada with a true and accurate list of all amounts owing to the Government of Canada under legislation or funding agreements which were past due and In arrears at the time of the Recipient's Application for Funding under the Program named In this Agreement; (b) agrees to declare any amounts owing to the Government of Canada under legislation or funding agreements which have become past due and In arrears following the date of its Application for Funding, (c) recognizes that Canada may recover any amounts referred to In paragraph (a) or (b) that are owing by deducting or setting off such amounts from any sum of money that may be due or payable to the Recipient under this Agreement; and (d) declares to use a fair, accountable and transparent process when procuring goods andlor for services In relation to the Project. 8.2 The Recipient declares that any person who has been lobbying on its behalf to obtain the grant that Is the subject of this Agreement was in compliance with the provisions of the LohbyingAct (R.S.C., 7985, c. 44 (4th Sapp)), as amended from time to time, at the time the lobbying occurred and that any such person to whom the Lobbying Act applies has received, or will receive, no payment, directly or Indirectly, from the Recipient that Is In whole or In part contingent on obtaining this Agreement. :4XIIII J:L5ai X01 i N=K 9.1 The Recipient shall keep proper books and records of the grant received and of all expenditures made using the grant relating to the Project. 9.2 The Recipient shall retain the books and records referred to in section 9.1 for a period of three (3) years following the Project Period. 9.3 During the period of the project as well as the period referred to In section 9.2, the Recipient shall give access to its files, books and records related to the project, unpon request and within a reasonable time, to representatives of Canada for the purpose of verifying the use of the grant and compliance with the terms and conditions of this Agreement. The Recipient shall permit Canada's representatives to take copies and extracts from such books and records. The Recipient shall also provide Canada with such additional Information as Canada may require with reference to such books and records. 10.0 INQUIRY BY THE AUDITOR GENERAL OF CANADA 10.1 If, during the Project Period or within the period referred to in 9.2, the Auditor General of Canada, In relation to an Inquiry conducted under subsection 7.1(1) of the Auditor GeneralAct (R.S.C., 7985, c. A-77), requests that the Recipient provide him or her with any records, documents or other information pertaining to the utilization of the funding provided under this Agreement, the Recipient shall provide the records, documents or other Information within such period of time as may be reasonably requested in writing by the Auditor General of Canada, (Not applicable to municipalities or other recipients excluded by the application of the Act) 11.0 REPORTING 11.1 The Recipient shall submit to Canada, a complete final report acceptable to Canada that outlines the results of the Project within thirty (30) days following the Project Period. 92.0 CONTINUOUS ELIGIBILITY 12.1 The Recipient must, during the Project Period, continue to meet the eligibility requirements of the Program named in this Agreement which were effective upon signature of the agreement. As such, the Recipient agrees to promptly notify Canada should a change in the Recipient's status or a change In Project activities result In the Project no longer meeting the eligibility criteria of the Program which were effective upon signature of this Agreement. 13.0 EVALUATION 13.1 The Recipient recognizes that Canada is responsible for the evaluation of the Program named In this Agreement. The Recipient agrees to cooperate with Canada for the duration of the Project and within a period of three (3) years thereafter by providing access to the information required to carry out the evaluation. ESRC EMP5585 (2016-04-003) E Page of Canacta 215 14.0 TERMINATION QF AGREEMENT Termination for Defarrft 14.1 (1) The following constitute Events of Default: (2) If (a) the Recipient becomes bankrupt, has a receiving order made against it, makes an assignment for the benefit of creditors, takes the benefit of a statute relating to bankrupt or insolvent debtors or an order is made or resolution passed for the winding up of the Recipient (section 14.1(1)(a) not applicable to municipalities or school boards); (b) the Recipient ceases to operate (section 14.1(1)(a) not applicable to municipalities or school boards); (c) the Recipient is In breach of the performance of, or compliance with, any provision of this Agreement; (d) the Recipient, In support of Its Agreement, has made materially false or misleading representations, statements or declarations, or provided materially false or misleading information to Canada; or (e) in the opinion of Canada, the risk In the Recipient's ability to complete the Project has changed substantially and unfavorably. (a) an Event of Default specified in paragraph (1)(a) or (b) occurs (section 14.1(1)(x) not applicable to municipalities or school boards); or (b) an Event of Default specified in paragraphs (1)(c), (d) or (e) occurs and has not been remedied within thirty (30) days of receipt by the Recipient of written notice of default or within such longer period as Canada may specify, or a plan satisfactory to Canada to remedy such Event of Default has not been put Into place within such time period Canada may terminate the Agreement immediately by written notice. Effective on that date, Canada has no more obligations to pay any remaining instalments of the grant as specified In the Agreement. (3) Pursuant to paragraph 14.1 (2)(b), Canada may suspend payment of any further instalment of the grant under this Agreement. (4) The fact that Canada refrains from exercising a remedy It Is entitled to exercise under this Agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon Canada shall not prevent Canada In any way from later exercising any other right or remedy under this Agreement or other applicable law. 14.2 Either Parties may also terminate this Agreement at any time without cause upon not less than ninety (90) days written notice of Intention to terminate. 15.0 REPAYMENT REQUIREMENTS 15.1 (1) When a written notice is provided by either one of the Parties pursuant to section 7 or section 14: (a) the Recipient must not make any new commitment related to the project which may generate eligible expenditures and must cancel any ongoing commitments, or where possible, reduce the amount of such expenditures arising from any commitment; and (b) all eligible expenditures Incurred by the Recipient up to the date of termination will be paid by Canada, Including direct costs and incidentals related to the cancellation of obligations of the Recipient for the termination of the agreement; a payment or a reimbursement will be made under this paragraph only if it has been demonstrated to the satisfaction of Canada that the Recipient has actually incurred the expenses and they are reasonable and related to the termination of the agreement. (2) If this Agreement is terminated by the Recipient in accordance with section 14.2, the latter shall reimburse Canada the unused grant funds in Its possession or under its control within thirty (30) days. 15.2 Notwithstanding section 15.1, If the Agreement Is terminated under section 14.1 by Canada because the Recipient uses the grant for a purpose or expenditures not agreed upon underihis Agreement, Canada may in addition to the rights conferred upon it under this Agreement or in law or in equity, demand from the Recipient the repayment of the grant funds that were used by the Recipient for purposes other than the Project or used for costs that were not Eligible Expenditures. 15.3 If Canada demands the repayment of any part of the grant pursuant to section 15.1 or section 15.2, the amount demanded shall be deemed to be a debt due and owing to Canada and the Recipient shall pay the amount to Canada Immediately unless Canada directs otherwise. ESRC EMP5585 (2016-04-003) E Page of Colada 216 15.4 interest shall be charged on overdue repayments owing under this Agreement in accordance with the interest and Administrative Charges Regulations (SORf96488) (the `Regulations') made pursuant to the Financial A dministration Act (R.S.C., 9985, c. F-19). Interest is calculated and compounded monthly at the "average bank rate", within the meaning of such expression as contained in the Regulations, plus three per cent (3%) during the period beginning on the due date specified In the notice to repay and ending on the day before the day on which payment Is received by Canada. 16.0 INDEMNIFICATION 16.1 The Recipient shall, both during and following the Project Period, indemnify and save Canada harmless from and against all claims, losses, damages, costs, expenses and other actions made, sustained, brought, threatened to be brought or prosecuted, in any manner based upon, occasioned by or attributable to any Injury or death of a person, or loss or damage to property caused or alleged to be caused by any wilful or negligent act, omission or delay on the part of the Recipient or its employees or agents in connection with anything purported to be or required to be provided by or done by the Recipient pursuant to this Agreement or done otherwise in connection with the implementation of the Project. It Is understood that Canada cannot claim compensation under this section in case of accident, loss or damage caused by Canada or Its employees. 17.0 RELATIONSHIP BETWEEN THE PARTIES AND NON -LIABILITY OF CANADA 17.1 The management and supervision of the Project are the sole and absolute responsibility of the Recipient. The Recipient is not in any way authorized to make a promise, agreement or contract on behalf of Canada. This Agreement is a funding agreement only, not a contract obtaining services or a contract of service or employment. Canada's responsibility is limited to providing financial assistance to the Recipient in support of the Project. The parties hereto declare that nothing in this Agreement shall be construed as creating a partnership, an employer- employee, or agency relationship between them. The Recipient shall not represent Itself as an agent, employee or partner of Canada. 17.2 Nothing In this Agreement creates any undertaking, commitment or obligation by Canada respecting additional or future funding of the Project beyond the Project Period, or that exceeds the amount of Canada's funding as Indicated in the Agreement. Canada shall not be liable for any loan, capital lease or other long-term obligation which the Recipient may enter into in relation to carrying out its responsibilities under this Agreement or for any obligation incurred by the Recipient toward another party In relation to the Project. 18,0 CONFLICT OF INTMEST 18.1 No current or former public servant or public office holder to whom the Conflict oflnterestAct (S.C. 2006, c. 9, s. 2), the Policy on Conflict of interest and Post -Employment or the Values and Ethics Code for the Public Sectorapplies shall derive a direct benefit from the Agreement unless the provision or receipt of such benefit Is in compliance with the said legislation or codes. 18.2 No member of the Senate or the House of Commons shall be admitted to any share or part of the Agreement or to any benefit arising from it that is not otherwise available to the general public. 19.0 INFORMING CANADIANS OF THE GOVERNMENT OF CANADA'S FUNa1NG 19.1 The Recipient shall allow Canada sixty (60) days from the date of signature of the Agreement to announce the project. The parties will collaborate for the first public announcement of the project, Including all communication, event or ceremony used to promote the project. The time, place and agenda for such communication activities must be appropriate for Canada. 19.2 To enable Canada's participation In any subsequent communications activities about the project the Recipient will Inform Canada no later than twenty (20) calendar days preceding such communication activities. 19.3 The Recipient shall ensure that all communication activities, publications and advertising (including on social media or websites) relating to the project include the recognition of Canada`s financial assistance to the satisfaction of Canada. 20.0 ACCESS TO INFORMATION 20.1 The Recipient acknowledges that Canada is subject to the Access to Information Act (R.S.C., 9985, c. A-9), and information obtained by Canada pertaining to this Agreement may be disclosed by Canada to the public upon request under the aforementioned act. 21.0 PROACTIVE DISCLOSURE 21.1 The Recipient acknowledges that the name of the Recipient, the amount of Canada's funding and the general nature of the Project may be made publicly available by Canada in accordance with the Government of Canada's commitment to proactively disclose the awarding of grants and contributions. ESRC EMP5585 (2016-04-003) E Page of Canadg 217 22.0 NOTICES_ 22.1 Any notices to be given and all reports, information, correspondence and other documents to be provided by either party under this Agreement shall be given or provided by personal delivery, mail, courier service, fax or email to the postal address, fax number or email address, as the case may be, of the receiving party. If there is any change to the postal address, fax number or email address or contact person of a party, the party concerned shall notify the other in writing of the change as soon as possible. 22.2 Notices, reports, Information, correspondence and other documents that are delivered personally or by courier service shall be deemed to have been received upon delivery, or if sent by mall five (5) working days after the date of mailing, or In the case of notices and documents sent by fax or email, one (1) working day after they are sent. 23.0 ASSIGNMENT OF THE AGREEMENT 23.1 The Recipient shall not assign this Agreement or any part thereof without the prior written consent of Canada. 24.0 SUCCESSORS AND ASSIGNS 24.1 This Agreement Is binding upon the parties and their respective successors and assigns. 25.0 COMPLIANCE WITH LAWS 25.1 This Agreement shall be governed by and interpreted In accordance with the applicable laws of the province or territory where the Project will be performed. The parties agree that the Court of the province or territory where the Project will be performed is competent to hear any dispute arising out of this agreement. 25.2 The Recipient shall carry out the Project In compliance with all applicable laws, by-laws and regulations, including any environmental legislation and any legislation regarding protection of information and privacy. The Recipient shall obtain, prior to the commencement of the Project, all permits, licenses, consents and other authorizations that are necessary to the carrying out of the Project. 25.0 AMENDMIENT 26.1 This Agreement may be amended, with respect to applicable laws, by mutual consent of the parties. To be valid, any amendment to this Agreement shall be In writing and signed by the parties. 27.0 UNINCORPORATED ASSOCIATION 27.1 If the Recipient is an unincorporated association, it Is understood and agreed by the persons signing this Agreement on behalf of the Recipient that In addition to signing this Agreement in their representative capacities on behalf of the members of the Recipient, they shall be personally, jointly and severally liable for the obligations of the Recipient under this Agreement, including the obligation to pay any debt that may become owing 10 Canada under this Agreement. 28.0 COMMUNICATION WITH THE PUBLIC 28.1 The Recipient shall clearly identify the project`s clientele, and shall take the appropriate steps to communicate with the target audience 29.0 AGREEMENT WITHOUT PREJUDICE [clause applicable only in Qu6hecl 29.1 This Agreement is without prejudice to discussions underway between the Quebec Government and Canada for the purpose of establishing new standard agreements for the application of An Act respecting the Ministate du Conseil execufif(CQLR, chapter M-30) In regards to Funding Agreements related 10 the programs of the Department of Employment and Social Development. ESRC EMP5585 (2016-04-003) E Page of Canaff 218 SECTION C Schedule A-`ProJect Description and Signatures (to be compieted.by.ESDC) Common System for Grants and Contributions (CSGC) File Number: Project Til tie: Program Name: This Application is: ❑ Approved ❑ Not Approved Grant Amount: Amount Requested: $ Amount Approved: $ Project description and Budget adjustments: Activities: Budget: Other Conditions: Project Period: From: To: Payment Method: Number of Instalimont(s): Installment Amount$ Installment Date: Date of Approval: Canada signing authority on behalf of the Minister of Employment and Social Development CANADA ESRC EMP6585 (2016-09-003) E Page of Canadi 219 FOR THE RECIPIENT (to be completed bythe recipient) - I certify that I have the capacity and that I am authorized to sign the Articles of Agreement of this grant on behalf of the 'Recipient" organization; - I have read, understand and agree to these Articles of Agreement and I agree that once approved and signed by both parties, these Articles of Agreement will be effective Immediately and shall constitute a legally binding agreement. Doug Orford Signatory Name (please print) Signature Brian MacDonald Signatory Name (please print) Signature Brendan Sheehan Signatory Name (please print) Signature Director Title (please print) Director Title (please print) Director Title (please print) Date (My-mm-dd) Date (yyyy-mm-dd) Date (yyyy-mm-dd) ESDC EMP5585 (2616-04-003) E Page of Canacta� 220 Canada Revenue Agence du revenu Agency du Canada OTTAWA ON K1A iA2 Tucker Park Recreation Associa 22 SECOUDON DR SAINT JOHN NB E2K 5G5 December 15, 2017 BN: 78038 7882 BUSINESS NUMBER CANADA REVENUE AGENCY 275 Pope Road Summerside PE C1N 6A2 Toll-free in Canada: 1-800-959-5525 001444 As requested, we have opened a Business Number (BN) or Canada Revenue Agency (CRA) account number(s) for your business. We have listed there on the attached Business Number Summary of Accounts page. The summary shows details about your CRA program account(s) based on the information that you provided. If there are any errors or omissions, please make the changes on the summary and return it to us in the envelope provided. If the business is incorporated, please send a copy of the certificate of incorporation or provide the certificate number, date of incorporation, and jurisdiction, if you didn't provide it when you registered, Send the information to the office listed above. Note: After you register your new Business Number or CRA program account (e.g. GST/HST) we may contact you to confirm the information you provided. At that time we may ask you to provide more information. Having complete and valid information on file for your business allows us to serve you better. Revenu Quebec administers the goods and services tax (GST) on behalf of the CRA for businesses in Quebec. If your business is in Quebec and you need a GST account number, contact Revenu Quebec. If you have any questions, or need additional CRA account numbers or publications, contact the number listed above or visit us onliune at www.cra-are.ge.ca. We also offer free seminars for small businesses. For a list of current seminars, visit www.cra.gc.ca/events. You can find Import/Export information or register for free information sessions at www.ebsa-asfc.ge.ca. Did you know that My Business Account is a service that allows you to manage tax -related information for your business? Try it and see the difference! Visit our Website at www.cra.gc.ca/mybusinessaccount. Si vows desirez que nous communiquions avec vows en frangais, veuillez contacter le bureau de l'Agence du revenu du Canada le plus pres. Si vous vous trouvez a 1'exterieur de la zone d'appel local (au Canada), vows pouvez composer, sans frail, le 1-800-959-7775. Canada 221 riC274 F; (15)X ®Canada Revenue Agence du revenu Agency du Canada Business number 78038 7882 Toll-free in Canada 1-800-959-5525 Facsimile number 1-902-432-5938 Business Number Summary Of Accounts BUSINESS NUMBER CANADA REVENUE AGENCY 275 Popo Road Summerside PE C1N 6A2 Business identification Name Tucker Park Recreation Association Inc. Operating or trading name{s} . NOT PROVIDED Business address 22 SECOUDON DR SAINT JOHN NB E2K 5G5 Legal entity information Mailing address 22 SECOUDON DR SAINT JOHN NB E2K 5G5 Legal status Language CORPORATION ENGLISH Type of operation ASSOCIATION Corporation Information Incorporation certicate number Incorporation date 699833 2017-12-13 Owner 1 partner 1 director information Name Brian MacDonald Work telephone number Work fax number Home telephone number Home fax number NOT PROVIDED NOT PROVIDED NOT PROVIDED NOT PROVIDED Name Brendan Sheehan Work telephone number Work fax number Home telephone number Home fax number NOT PROVIDED NOT PROVIDED NOT PROVIDED NOT PROVIDED Protected B when completed 001445 Page 1 R=E(t7)X Canada 222 Business number Business Number Summary Of Accounts 78038 7882 Name Tucker Park Recreation Association Inc. Owner/ partner I director information Name Doug Orford Work telephone number Work fax number Horne telephone number Home fax number NOT PROV[DED NOT PROVIDED NOT PROVIDED NOT PROVIDED Summary of accounts Account number Effective date 78038 7882 RC0001 2017-12-13 Account name NOT PROVIDED Language ENGLISH Account type CORPORATION INCOME TAX Mailing address 22 SECOUDON DR SAINT JOHN NB E2K 5135 Page 2 Personal information is collected under the Income Tax Act, Exc€se Tax Act, and other legislation to administer tax, benefits, rebates, elections, and related programs. n may also be used for any purpose related to the administration or enforcement of these Acts such as audit, compliance and the payment of debts owed to the Crown. It may be shared or verified with other federal, provinclallterritor€al government institutions to the extent authorized by law. Failure to provide this Information may result in interest payable, penalties or other actions. Under the Privacy Act, individuals have the right to access their personal information and request correction if there are errors or omissions. Refer to Info Source at cra.gc.calgncyltpinfsreinfsre-eng.htmf, personal information bank CRA PPU 221 223 June 16, 2018 Attention: Tucker Park Recreation Association Inc., To Whom It May Concern, The Tucker Park Recreation Association (TPRA) has submitted a project application to the Government of Canada Enabling Accessibility f=und requesting funding in partnership with the Tucker Park Association, for an accessible viewing deck at Tucker Park, in Saint John. This letter confirms support by the City of Saint John for the proposed project. The City of Saint John granted permission to the TPRA to build a viewing deck and ramp on a rock ledge adjacent to the beach at Tucker Park. This is City of Saint John municipal owned property within the boundaries of Tucker Park. All necessary watercourse and wetland alteration permits must be acquired prior to the commencement of the project. The structure must be built within all building and safety codes, as well as accessibility standards. Emilie Murphy and Marc Doucet, will represent the City of Saint John throughout the work of the project. The City of Saint John has committed to helping with in kind support during the planning stages, and retains the right to remove this infrastructure should it fall into disrepair. Since ly uc t Parks Operations Manager The City of Saint John 224 0/1,47/7"r Room 461, Confederation Building Ottawa, Ontario K1A OA6 Tei.: 613-947-2700 Fax.: 613-947-4574 CillfilidlC-lIG11 1 Market Square Suite N306 Saint John, New Brunswick E2L 4Z6 Tel.; 506-657-2500 Fax.: 506-657-2504 July 24, 2018 HOUSE or CoX►N►oNs CIMMURV DESCON►n►nn►:s CANADA (Mgme any \1t•ntM. of E'orlirniu nt 1 E_)c;putF; Saint Jahn—R�rthet�y RE ; Enabling Accessibility Fund —Tucker Park Piece 461, Edifice de la Confederation Ottawa (Ontario) K1AOA6 T41.:613-947-2700 T616c.: 613-947-4574 b ili-,w e"/7f 111 1, Market Square suite N306 Saint John (Nouveau -Brunswick) E21, 4Z6 Tel. ; 506-657-2500 Te1ec. ; 506-657-2504 Tucker Park in Saint John, New Brunswick, provides a wonderful outdoor experience for those living in the Saint John -Rothesay community. Tucker Park opened to the public in July, 1963 and is the only public access point on the Kennebecasis River with walking trails, beach area and parking. Tucker Park is also a Stonehammer UNESCO Global Geopark. The Tucker Park Recreation Association's mission is to ensure Tucker Park continues as a public access park, beach and green space. The Association aims to create recreational opportunities promoting citizen involvement as well as enhancing environmental awareness and protection of the area. As the MP for Saint John -Rothesay, I commend the Tucker Park Recreation Association for their ongoing work to make this park accessible for all abilities. With the addition of a wheelchair accessible viewing deck at Tucker Park, everyone in the community will have the opportunity to experience the beauty that the Kennebecasis River has to offer. Wayne Lg Member o Parliament Saint John -Rothesay Wayne.Long@pa rl.gc.ca 225 ABILITYCAPACITE NEW BRUNSWICK NOUVEAU -BRUNSWICK 440d. Wilsey Road, Suite 102 Tel,/tdl . 508.462.9555.1.866.462.9555 rrededdon, NB 63137G5 Fax/tell : 506.456.9134 1fV14+W.A8ILITYNB.CA- WWW.CAPACITENB.CA July 26, 2018 Doug Orford Tucker Park Recreation Association 22 Secoudon Drive Saint John, NB E2K 5G5 Dear Mr. Orford, I am writing this letter of support of Tucker Park Recreation Association's application to the Enabling Accessibility Fund for accessibility improvements, specifically to create an accessible viewing area and pathway in the park. Tucker Park is a key community hub for all ages. Ability NB applauds the leadership of the Association in seeking solutions to accessibility barriers within the park. Universally designed community facilities and spaces are essential so all residents, including persons with a mobility, hearing or vision disability, persons with hand dexterity difficulties, parents with children in strollers and seniors, of a community can actively participate in programs and activities. More than 90,000 New Brunswickers live with a mobility disability — the most common disability type in New Brunswick. At 16.4% (Statistics Canada, 2012) of the population, New Brunswick has the second highest rate of disability in Canada. The results of a survey conducted by Ability NB on sports and recreation in 2008 clearly indicated that our service participant's inactivity rates following injury or the onset of a disability were extremely high. New Brunswickers with a mobility disability indicated that they faced many barriers which prevent them from being active including cost, inaccessible facilities and lack of inclusive programs. Given the increasing rates of disability and inactivity of this population, we fully support strategic initiatives to increase the participation of persons with a mobility disability in sport, recreation and play. For over 60 years, Ability NB has worked to empower the independence and full community participation of persons who have a spinal cord injury or mobility disability by providing innovative services and developing progressive public policy. We look forward to future collaboration with the Association on accessibility projects, Please do not hesitate to contact me at 506.462.9555 or Haley.Flaro@abilitynb.ca to discuss this letter of support, rely, Executivd Director July 24, 2018 Subject: Letter of Support To Whom It May Concern, I am writing on behalf of the "Zoomers on The Go, Fit After 50" program. Zoomers is a local falls prevention education program targeted at individuals age 50 and up. Zoomers are FREE, accessible, peer led community based exercise classes that aim to improve strength, balance and knowledge in older adults. Zoomers is an initiative that was spearheaded by St Joseph's Community Health Centre back in 2007/2008. The community health centre has been training instructors and offering these free classes since 2010. There are an average of 200-220 participants per week and 8 to 10,000 participants per year. Through conversations with our participants, we know they enjoy the health benefits of taking part in a regular exercise program. We also know that they have established strong social networks and often get together outside of the Zoomers program. Many enjoy the outdoors and Tucker Park is a favourite destination. Although our older adults are fairly active, there are many who require the aid of a cane, or walker, and a large number who are living with various forms of arthritis, or other chronic illnesses. Therefore, we feel that an accessible viewing platform would be well suited to and well utilized by many older adults with limited mobility. This would allow people of all ages to enjoy the beautiful park. Sincerely, PV fw m Jill Roberts RN,BN Nurse/Community Development Market Place Wellness Centre/St Joseph's CHC (506) 674-4307 JiILRoberts@Horizon NB.Ca 227 1-M& . -; I M-01 �-"121 H o fi4z�n ... ntt* �3trK�asx July 20, 2018 To Whom It May Concern, Subject: Enabling Accessibility Fund YMCA of Greater Saint John 191 Churchill Blvd. Saint John, NB E21K 3E2 Tel: 506-693-9622 Fax: 506-634-0783 am writing this letter in support of the application that is being submitted by the Tucker Park Recreation Association. This volunteer group is taking the important initiative of revitalizing a wonderful recreation space and making it accessible to everyone. The YMCA is a very inclusive organization that strongly supports accessible services in the community. The addition of a wheelchair viewing ramp will enable individuals with mobility issues to get outside and enjoy the beauty of the Kennebecasis River. This will provide the opportunity for more people in our community to connect with nature in the great outdoors. appreciate the efforts of this volunteer group and their commitment to this exciting project. Sincerely, Shilo Boucher, CPA, CA, ICD. D President and CEO 9uildiri9 I %ecdtAy c.ommuy%itle5 July 19, 2018 Doug Orford doug.orford@td.com RE: Tucker Park Observation Deck Budget Estimate Doug, For budget purposes, based on previous similar work we estimate: Timber Observation Deck 150 sq.ft. x $125.00 = $ 18,750.00 2. Ramp 75 sq.ft. x $125.00 = $ 9,375.00 Subtotal= $ 28,125.00 15% Eng./Survey = $ 4,218.75 15% HST= $ 4,851.63 Tota l $ 3 7,195.31 Sincerely, l.- Jim Sackville, FCSLA, APALA BDA Landscape Architects Sussex Ofco: 828 Main Street Sussex, New Brunswick Canada E4E 2M5 Tel - 506.433.5821 Facsimile - 506.433.6755 Email in oQbdaltd.ca Website—www.bdaltd.ca 229 July 19, 2018 Mr. Doug Orford doug.orford@td.com RE: TUCKER PARKACCESSIBLE OBSERVATION PLATFORM Consultant Estimate Dear Mr. Orford, Further to our conversation please find the following information regarding a proposed accessible observation platform for Tucker Park, Saint John, NB. Based on previous projects, of a similar nature, we have outlined the following estimated construction costs. Please be advised this is based on historical pricing data on previous projects outside the Saint John area and should be used as a guideline for budgeting purposes only. A more accurate estimate can be prepared in conjunction with a detailed design. Description - Accessible Observation Platform and Ram - Constructed of o cedar (decking, railings) o pressure treated beams and joists o helical support posts or concrete foundation (to be determined) - Viewing Platform - (30'x 15') 9.14m x 4.5m - approximately 41 sq.m. - Accessible Ramp - (10'-15') 3m - 4.5m in length and 2m width - approximately 6-9 sq.m. Based on a sq,m. cost of $500/sq.m. - $750/sq.m., we would estimate a value of $25,000 - $37,500. This value does not include design, engineering or contingency allowance. We recognize this is a broad range however given current market pricing it is difficult to determine an accurate cost without detailed design. Should you have any questions, please let me know. Sincerel , Tina Beers, APALA, CSLA, LLED AP Partner Viridis Dosign Studio Ltd. 106 Hillsborough Road Riverview, New Brunswick El 1R3 t.506.387.7992 www.viridisdesign.ca 230 O'Connor, Colleen From: Taylor, Jonathan on behalf of External - CommonClerk Sent: September -13-18 3:17 PM To: O'Connor, Colleen Subject: FW: Prostate Cancer Canada Atlantic Wakeup Call Breakfast event- Thursday Sept 27th 7am Attachments: PCC ATLANTIC_ WUC SAINT JOHN -Sponsorship Package.pdf Follow Up Flag: Follow up Flag Status: Flagged From: Arni, Ravi [mailto:ravi.arn0)rbc.com] Sent: September -13-18 3:14 PM To: External - CommonClerk Cc: 'Dennis Potharst' Subject: Prostate Cancer Canada Atlantic Wakeup Call Breakfast event- Thursday Sept 27th 7am Hello City of Saint John, I am reaching out on behalf of Prostate Cancer Canada Atlantic, where the city of Saint John has been a supporter for the past years. Prostate Cancer is the most common cancer to affect Canadian men (25% of all men's cancers). 1 in 7 men will be diagnosed with the disease in our lifetime which impacts an estimated 23,600 families! The good news is more than 90% of prostate cancer cases are curable if detected and treated in their earliest stages, which means that early detection is key! Prostate Cancer Canada encourages men in their 40s to get their PSA checked (a simple blood test) in order to establish their baseline. Through major fundraising efforts, and with the support of our donors and volunteers, Prostate Cancer Canada Atlantic is leading the way in the fight against prostate cancer. This brings me to the reason I'm reaching out which is to seek your support in either a sponsorship or purchasing a table for our Wake -Up Call Breakfast event which takes place on Thursday September 27`', 2018 at the Lily Lake Pavilion. This breakfast takes place in 5 communities across Atlantic Canada including our own city. The attendance is primarily the business and health community. Please find attached the details of this wonderful event as well as sponsorship details. We hope the City of Saint John can extend their generous support once again with a purchase of a table towards this important cause. With regards, Ravi Arni Ravi Arni I Branch Manager, RBC Royal Bank I Royal Bank of Canada 1 515 Westmorland Rd, Saint John, NB E2J 3W9 I (T) 506-632-0683 1 (F) 506-633-7089 1 Ravindranath (Ravi) Arni I Mutual Funds Representative, RBC Royal Bank I Royal Mutual Funds Inc. 1 515 Westmorland Rd, Saint John, NB E2J 3W9 I (T) 506-632-0683 1 (F) 506-633-7089 1 1 231 If you received this email in error, please advise the sender (by return email or otherwise) immediately. You have consented to receive the attached electronically at the above -noted email address; please retain a copy of this confirmation for future reference. You may unsubscribe from promotional emails. Si vous recevez ce courriel par erreur, veuillez en aviser 1'expediteur immediatement, par retour de courriel ou par un autre moyen. Vous avez accepte de recevoir le(s) document(s) ci-joint(s) par voie electronique a I'adresse courriel indiquee ci-dessus; veuillez conserver une copie de cette confirmation pour les fins de reference future. Vous pouvez vous desinscrire de la liste d'envoi de courriels promotionnels. z 232 join ufor the mn&ts i--- -- --- m mea rta,nt 233 DATE September 27, 2018 TIME 7:00 AM - 7:30 AM Registration & Coffee Recpetion 7:30 AM - 8:50 AM: Wake Up Call Breakfast LOCATION Lily Lake Pavillion Charitable Registration Number: BN 89127 0944 RR0001 a� SAINT JOHN -- � 1 Join us for an unforgettable morning, dedicated to raising awareness and funds to support research and cancer care for the 1 in 7 men and their families who will be impacted by prostate cancer in New Brunswick. With your support, more men are ableto fight prostate cancer Table (8 seats) : $1,000 Corporate Table*: $1,500 Individual Seat: $125 To purchase a table visit: prostatecancer.ca/wakeupcal I For more information Call - 1-855-420-1444 email - wakeupcallatlantic@prostatecancer.ca 234 - _ ) Prostate cancer is the most common cancer to affect Canadian men (25% of all men's cancers). 1 in 7 men will be diagnosed with the disease in our lifetime. An estimated 23,600 Canadian men and their families will face a prostate cancer diagnosis this year. More than 90% of prostate cancer cases are curable if detected and treated in their earliest stages, which means that early detection is key. Prostate Cancer Canada encourages men in their 40s to get their PSA checked (a simple blood test) in order to establish their baseline. Through major fundraising efforts, and with the support of our donors and volunteers, Prostate Cancer Canada Atlantic is leading the way in the fight against prostate cancer. For more information, please visit www.prostatecancer.ca In 2018, the Wake Up Call Breakfast will be taking place in 5 communities across Atlantic Canada, including Saint John. - Each location is lead by a Leadership Cabinet of high profile Business Leaders - Events are typically hosted by a Local Media Personality - During the breakfast, the audience will hear a story of hope from a survivor and the importance of early detection - A Local Hero Award is presented at every breakfast to an individual who displays ex-emplary leadership for our cause by a volunteer, donor or researcher. Attendance Overview: Primarily corporate audience Event Format: 7 a.m. Coffee 1 7:30 a.m. to �3J5 a.m. Breakfast Program eyiAt1 � • Ilantic 41 rostate Cancer anada Region 1 �4v- t 0 Saint John Wake Up Call: 2017 Highlights 0 Local • • 1116, 11 Logo recognition in all event collateral, promotional material and opportunity for banner and booth placement on-site Recognition across social media platforms and newsletters with customized activation Logo recognition in all event collateral, promotional material and opportunity for banner and booth placement on-site Corporate table (8 seats) with premium seating Integration into earned media outreach Customized activation and cross promotional opportunities 237 1 � • I r • 11�✓ � Prostate Cancer Canada Atlantic Region 1 W, 2018 Regional Wake Up Call Partners 3 /1 �' 211 /P For more information on sponsorship opportunities or to make a donation, please contact: Dennis Potharst Interim Executive Director Prostate Cancer Canada Atlantic Phone: 902.401.4982 1 Email: dennis.potharst@prostatecancer.ca To: Mayor & Council Please find attached the information about the Dr. David Stephen Memorial Foundation Dinner. We do hope you will be able to support this worthwhile cause. Mona Crowley, Dinner Committee Suzanne Buckley, Foundation President 239 DR. DAVID STEPHEN MEMORIAL FOUNDATION "ll Shouldn't hurt to be d Child" September 1P, 2018 2 Anoka Lane Rothesay, New Brunswick E2E 3P5 Dear Supporter, As a supporter of the Dr. David Stephen Memorial Foundation, we are excited to share with you that this year we will be celebrating the Foundation's 25th anniversary. We are proud of the accomplishments of the Foundation over the past 25 years, having supported many deserving organizations within our community. Without donors like you, this would not be possible. We thank you for your generosity. Through the funds raised at our annual dinner we have been able to donate over $390,000 to organizations, furthering our mission to prevent child abuse by promoting public awareness, funding educational opportunities, and providing support to those working in the field, a testament to the work of Dr. David Stephen. The 25th anniversary dinner will be held on October 20, 2018. This year, rather than recognizing a new recipient, we will be taking the time to recognize past winners of the Award of Distinction — reflecting on those who have devoted their time to protecting the interests of children in helping to educate against and prevent child abuse. We would be delighted if you would consider supporting the Foundation again this year, by attending the 25`h anniversary dinner at Riverside Country Club. Tickets are $100.00 each (partial tax receipt to be issued) and can be purchased from Suzanne Buckley at 506-650-7886 or Mona Crowley at 506-636-9803. We hope to see you there. Sincerely, Suzanne Buckley President On behalf of the Dr. David Stephen Memorial Foundation Dr. David Stephen Memorial Foundation 2 Anoka Lane • Rothesay NB • HE 3P5 • +1 (506) 847-5093 240 DR. DAVID STEPHEN MEMORIAL FOUNDATION FACT SHEET The Dr. David Stephen Memorial Foundation. Inc. was established in 1993 to recognize Dr. David Stephen's many contributions to the community and to promote educational opportunities for professionals in the area of child abuse. Dr. Stephen had been recognized as an expert in the field of child abuse and instrumental in developing an Interdisciplinary Committee on Child Abuse for the Greater Saint John area. He was awarded the Order of Merit by the Medical Society posthumously for his many contributions to the community, his patients and the medical profession. Dr. Stephen was tragically killed in an automobile accident on February 14. 1990 at age 35 as he was travelling to Saint Stephen, to testify at a Child Abuse Court case. T'he Dr. Stephen Foundation is concerned with heightening public awareness of child abuse and its effects by educating the general public. The Foundation continues to sponsor educational seminars targeted at health care professionals, including physicians, nurses and social workers: educators, including teachers and guidance councillors: law enforcement officers as well as the general public and any agency staff working with our children with respect to child abuse and the legal process. Some of the projects undertaken by the foundation have included: Project Roar, Sponsor of National Child Day, Sponsor of three major conferences on "Family Violence", ongoing contributor to the "Roots of Empathy" programme in two school districts, sponsored a training session on Child Abuse for Emergency Room Staff, funding for the Boys Adventure Camp, the New Brunswick Adoption Agency and First Steps Housing. Our major fund raiser is an annual dinner held in the fall. This year the dinner is on October 20 and we will be reflecting on 25 years of this foundation. Suzanne Buckley, President 241 Outstanding Business Awards 2018 Date: October 11, 2018 Time: 5:30 PM - 8:45 PM ADT Registration: Register Now Event Description: Outstanding Business Awards 2018 The Finalists Business Excellence: Homestar Inc, IntelSys Aviation Systems, Saint John Airport and Saint John Bowlarama. The winner will be chosen from the finalists based on performance or achievement in each of the following areas: sales growth; innovation; entrepreneurship; marketing; human resource development; community relations and the environment; and other achievements. Entrepreneurial Achievement: The Chapman Group and Taste of Egypt. This award is given to a company or individual based on performance and achievement in starting, substantially changing, or taking over an independent business venture. Emerging Enterprise: Millennia TEA Inc, Momentum Canada and Nexgen. This award category, added on the recommendation of members of previous judging panels, is open to new enterprises that are beginning to make their mark. The following winners will be celebrated at the OBA gala event The Chamber's Passion for Change OBA award exemplifies a person or persons that have decided to develop a business or businesses that fulfill their business and personal passion. This year's Passion for Change award is Queens Square Events, recognizing organizers Andre Robichaud and Liam Freill. The Chair's Award is presented annually to an organization or individual that demonstrated a substantial impact on residents of our community and contribute to the social fabric of the region. This year's recipient is Key Industries. The Young Entrepreneur Award is given each year to an individual who has shown great vision, creativity and innovation in creating a business. This years' Young Entrepreneur Award recipient is Justin Barry, owner of Ad -Just Lawn Maintenance. The Big Heart Award recognizes those who are working to make our community a better place 242 through their philanthropic efforts. This years' award will be given to CHSJ Country 94 & 97.3 The Wave. Location: Delta Hotels by Marriott Date/Time Information: Thursday, October 11, 2018 5:30 pm - Reception 6:00 pm - Dinner & Awards Presentation Fees/Admission: Members: Single Ticket: $125 + HST Table of 8: $920 + HST Future Members: Single Ticket $150 + HST Table of 8: $1200 + HST 243 Charitable Organization # 896819646 RR0001 Dear t}N tJ 165 Union Street, Suite 301 • Saint John NB • E2L 5C7 PO Box 22003 • Lansdowne Ave RPO • Saint John NB • E2K 4T7 Tel (506) 634-3088 - E-mail info@prudeinc.org - Web www.prudeinc.org R rCI � SEP 17 2018 --------------- PRUDE Inc. (Pride of Race, Unity, and Dignity through Education), is a non-profit organization dedicated to the full participation of all cultural communities in the social, cultural, and economic fabric of New Brunswick. PRUDE Inc., advocates for inclusion, equality and respect for diverse racial, ethnic, religious, and cultural communities in New Brunswick. We are proud of the cultural diversity programs, settlement services, and public education that we offer as part of our mandate. Why You Should Contribute to PRUDE Inc. We understand all New Brunswickers are feeling the effects of the challenges facing this province; namely high unemployment rates, an aging population, and a dwindling workforce. PRUDE Inc., understands that we must all do our part to make our community prosper in ways that everyone benefits. Immigration is a strong mechanism to address these challenges. We need to recruit and retain workers who will help New Brunswick businesses, grow and prosper. PRUDE Inc. works every day to ensure that the people of minority cultural communities who have settled in the Saint John Region feel welcome and are encouraged to participate in our economy to their full capacity. We are positioned to play a crucial role as a leading community organization, as Saint John continues to grow and evolve. How to Contribute to PRUDE, Inc. PRUDE Inc. will be holding its third annual Diversity Champions Awards formal on Friday, November 16, 2018. The event will recognise employers, mentors, entrepreneurs, and businesses, for their above average promotion of diversity, inclusion, and equality, as well as, the integration of visible minorities and newcomers within their organizations. These organizations add to the growth of the greater Saint John area and the economic sustainability of New Brunswick. A key role of PRUDE Inc. is to promote multiculturalism and strengthen welcoming, cohesive communities through public education and awareness. Therefore, we will also recognise community leaders and educators who promote and encourage these goals to develop our economy and society. We are reaching out to your organization to become a sponsor of this inclusive event. Sponsorship Levels will be agreed with you in advance, please see the details attached. our truly, Ralph Thomas: Board President PRUDE Inc. (Pride of Race, Unity and Dignity through Education) 244 9/14/2018 Cultural Diversity Awards I Saint John I PRUDE Inc Home About PRUDE Inc Services Events Donations Volunteer Contact Us Diversity Champion Awards PRUDE Inc. (Pride of Race, Unity & Dignity through Education) will be holding its third annual event to recognize Saint John employers & individuals for their best practices in the areas of Diversity, Inclusion and Integration. The Diversity Champion Awards celebrate individuals and businesses who have proven to be inclusive leaders in our community. We will recognize individuals and businesses in the Saint John area who have demonstrated leadership for various cultural backgrounds, visible minorities & immigrants. A key role of our organization is to promote multiculturalism and strengthen welcoming, cohesive communities through public education and awareness activities. Therefore we also wish to recognize both school and community leaders who promote and encourage cultural diverse learning environments. Highlights of this awards ceremony: • Awards Ceremony • Keynote Speaker (TBA) • Sit Down Meal - Buffet • Rampage 2.0 band /Dance • Silent Auction https://www.prudeinc.org/cultural-diversity-awards 1/3 PRUDE's Program Highlights_2018 PRUDE Inc. has advocated for inclusion, equality and respect for diverse racial, ethnic, religious and cultural communities in New Brunswick since 1981. Prude Inc. offers cultural diversity programs, settlement services and public education. Currently these services are implemented under a few main programs that address and strengthen the social and economic situations facing New Brunswick. PRUDE Inc. delivers the "Come Together the Canadian Way" (CTCW) program to newcomer women and men in the Saint John area. The CTCW is a social inclusion, cross-cultural integration program, which offers activities through informal learning in language classes, creative workshops and community events. Newcomers establish social and professional networks that enable participants to feel welcome & become active in their new communities while working to improve their language skills. PRUDE Inc. provides information and orientation services for the basic skill development & training required for newcomers to integrate into Canadian society. It also encourages community connections for delivering activities & services to support cross-cultural interaction between newcomers and already established Canadians. The goal is to connect newcomers with their local community, improve awareness of training and services and encourage bridging. PRUDE Inc. delivers a Mentorship Engagement Program and provides direct work experience opportunities through a matching of newcomers with local organizations & employers. These mentoring sessions offer newcomers an opportunity to connect with employers in their field of interests. The program encourages community engagement through local employer participation and assists newcomers to make informed decisions regarding long-term job and career goals. PRUDE Inc. delivers a Public Education & Awareness workshop to public sectors to empower and educate community members in the fight to increase awareness about overt racism and other forms of cultural discrimination. PRUDE Inc. strongly encourages and supports visible minorities and newcomer youth to create a safe and welcoming environment where students and teachers are respectful of different backgrounds by working closely with regional schools and school districts. This program reaches 70 plus schools each year. PRUDE Inc. also organizes various community activities and eventsto raise public awareness for diversity, inclusion, and equality, such as: Black History Month (February); United Nation's Elimination of Racial Discrimination Day and International Women's Day (March); Asian Heritage Month (May); Canadian Multiculturalism Day, World Refugee Day, and the Saint John International Festival (June); and Canada Day (July). 246 COUNCIL REPORT M&C No. 2018-226 Report Date September 21, 2018 Meeting Date September 24, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Appointment of Auditor for Auditing Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Merrithew Kevin Fudge I Neil Jacobsen RECOMMENDATION It is recommended that Deloitte LLP be appointed auditors for the City of Saint John, The Saint John Trust Funds, Saint John Parking Commission, Saint John Transit Commission, Develop Saint John, Saint John Free Public Library, Saint John Aquatic Centre Commission and Saint John Trade and Convention Centre for the next 4 years with a 2 year renewal option at the City's discretion. EXECUTIVE SUMMARY The Appointment of Auditor for Auditing Services report was presented to the Finance Committee on September 20, 2018. It was recommended by the Finance Committee that it be brought forward to Common Council to appoint Deloitte LLP as auditors. After the Finance Committee meeting on April 17, 2018, the Finance department approached the ABCs to determine interest in working together and what outstanding commitments were present with other accounting firms. It was identified that 11 entities would participate and a combined RFP was prepared and issued. Evaluation process was pursued of submissions received and a recommendation has been determined for Audit Services of the City and the controlled entities. It was further identified through this process cost savings on audit services of approximately $17,000 per year or $102,000 over a 6 year period. 247 -2 - PREVIOUS RESOLUTION N/A REPORT In 2012 Deloitte LLP was appointed auditors for the City of Saint John General Fund, the City of Saint John Water & Sewerage Utility, the Saint John Parking Commission, and the City of Saint John Reserve and Trust Funds for a four year period plus two year extension commencing with the year 2012 and expiring at the end of the 2017 audit year. The City determined that it would be beneficial from a cost perspective to issue a joint request for proposal for audit services with the controlled entities and recommended to the Finance Committee that the opportunity be pursued. Upon approval by the Finance Committee, the City discussed with all the controlled entities and determined which would be interested in joining the City on a joint proposal for audit services. On August 17, 2018, the City issued a RFP for audit services for a four year period plus two year extension at the option of the City commencing with the year 2018. The RFP included the following entities: 1. Consolidated Financial Statements of the City of Saint John: o The City of Saint John General Operating Fund o The City of Saint John General Capital and Loan Fund o The City of Saint John Water and Sewerage Utility Operating Fund o The City of Saint John Water and Sewerage Utility Capital and Loan Fund o Saint John Police Commission o Consolidation procedures for all entities controlled by the City 2. The City of Saint John Trust Funds 3. Saint John Parking Commission 4. Saint John Transit Commission 5. Develop Saint John 6. Saint John Free Public Library 7. Saint John Aquatic Centre Commission 8. Saint John Trade and Convention Centre The deadline for submission was September 6t" and as a result of the RFP for auditing services, submissions were received from 3 firms as follows: N -3- 1. KPMG 2. Ernst & Young 3. Deloitte LLP The evaluation process was undertaken by a team made up of professional staff in finance following the City's standard procurement procedures. The final scoring results from the evaluation process indicated that Deloitte LLP was the highest score and is the lowest bidder. The total cost of the contract, if awarded to the lowest bidder as recommended, will be $786,770 over a 6 year period (excluding HST). It is recommended that Deloitte LLP be approved as auditors for the City and the controlled entities for the term of four years with an option for a two year extension. STRATEGIC ALIGNMENT This report aligns with being fiscally responsible by performing the renewal of the auditing services and leveraged an opportunity by combining with other related entities to obtain an efficient audit process both economically and operationally. SERVICE AND FINANCIAL OUTCOMES Total cost savings and more efficient audit process by collaborating audit services with the City and it's controlled entities. ❑��Il►jr�:Z�1uI�j/:I�:��X:�9[d��L'7��F��►►�I���r�►:I�:[�]��7�:�j N/A I_1IIi4[A1:Iu1.1,70 N/A 249 Meeting Date I September 24, 2018 Deputy Mayor McAlary and Councillors, Subject: City Hall Lease RESOLVED that Committee of the Whole having met on September 24, 2018, recommends that Common Council approve and execute the Amendment to the Lease Amendment Agreement between the City of Saint John and 703732 N.B. LTD. Sincerely, Don Darling Mayor lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 250 THIS AMENDMENT TO THE LEASE AMENDMENT AGREEMENT made this day of September, 2018. BETWEEN: 703732 N.B. LTD., a corporation duly incorporated under the laws of the Province of New Brunswick, having its registered office at 93 Prince William Street, Suite 403, Saint John, New Brunswick, hereinafter referred to as the "Landlord" OF THE FIRST PART — and — THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at 15 Market Square, Saint John, New Brunswick, hereinafter referred to as the "Tenant" OF THE SECOND PART WHEREAS, by a lease of office space dated the 25th day of July, 2006 (the "Lease"), Se - Fish Associates Limited and 058854 N.B. Ltd. leased to the Tenant for and during a term of 15 years for the City Space and 3 years for the Police Space, expiring on the 30th day of April, 2021 for the City Space and the 30th day of April, 2009 for the Police Space, certain premises as more particularly described in the Lease, located at 15 Market Square, in the City of Saint John, in the Province of New Brunswick; and WHEREAS, by a Lease Amendment Agreement dated the 1st day of December, 2017 (the "LAA"), Se -Fish Associates Limited, 058854 N.B. Ltd. and the Tenant amended certain provisions of the Lease; and WHEREAS, the parties hereto desire to amend certain provisions of the Lease Amendment Agreement; NOW THEREFORE THIS AMENDMENT TO THE LEASE AMENDMENT AGREEMENT WITNESSETH that in consideration of the sum of $10.00 now paid by each party hereto to the other (the receipt and sufficiency of which is hereby acknowledged), and conditional upon the Landlord purchasing the premises described in the LAA located at 15 Market Square, Saint John, New Brunswick, bearing PID No. 00040139, the parties hereto covenant and agree that the LAA shall be and is hereby amended effective the 1st day of December, 2018 (the `Effective Date") as follows: 1. Section 6 of the LAA is hereby amended by deleting the words "Semi -gross Rent" at the beginning of paragraph (a) and replacing them with the words "Semi Gross Rent". 2. Section 16 of the LAA is hereby deleted in its entirety and replaced with the following: "16. Section 7.01 Utilities is hereby deleted." 3. Section 18 of the LAA is hereby deleted in its entirety. -12-Sep-18 1 6i,� 0 291 4. Section 26 of the LAA is hereby deleted in its entirety and replaced with the following: "26. Schedule B is hereby amended by adding the following definition: "Semi Gross Rent" means the amount set out in Item 8C of the Term Sheet payable by the Tenant to the Landlord in respect of each year of the Term. The Semi Gross Rent includes all Leased Premises and common area maintenance costs, all operating costs including utilities and the base year Property Taxes. Effective December 1St, 2019, Electrical, Water & Sewerage, and Natural Gas rates shall be subject to annual escalations and applied to the Fixed Baseline Consumption Quantity FBCQ (as defined herein). Electrical, Water & Sewerage, and Natural Gas rates escalations for the Term of the Lease shall be the actual rate escalation of the utility for the year up to a maximum which shall not exceed the cumulative annual percentage increase calculated from the "November 2019 All -Items Canada" Consumer Price Index published by Statistics Canada. The baseline rate for Electrical, Water & Sewerage, and Natural Gas will be based upon invoices as supported by the actual bills and specified rates, the said baseline rate being the average of the utility rates charged during the twelve month period commencing on December 1, 2018. Fixed Baseline Consumption Quantity ("FBCQ") will be estimated by a mutually agreed upon independent third party engineering firm by using meters or sub -meters where possible, to measure and calculate consumption for a 12 month period once the New City Space has been occupied by the Tenant and systems have been optimized. If metering is not possible, then the Tenant's portion will be calculated based upon BOMA standards with a ratio of 45,404 (Total Rentable Square Feet) to 176,859 (Total Building Rentable Square Feet) which is 0.2567. Property Taxes shall be escalated annually. The Tenant shall pay its proportionate share of property tax escalations on an annual basis effective December 1, 2019. The base year property tax amount shall be $378,152.00 (based on the 2018 Service New Brunswick tax levy for PID 00040139). The Tenant's proportionate share of property tax escalations shall be calculated in accordance with BOMA standards (the parties having agreed that the proportionate share shall be 25.67%, as calculated in the following manner): Total Usable Square Feet = 42,025 Total Rentable Square Feet = 45,404 Total Building Rentable Square Feet = 176,859" 5. The following section is added immediately following section 29 of the LAA: "30. Notwithstanding sections 1, 2, 3 and 4 of this Lease Amendment Agreement, the Tenant shall continue to occupy the Leased Premises identified in the Lease as City Space between December 1, 2018 and October 1, 2019 and the Tenant shall pay rent to the Landlord during this period in the amount of $68,106.00 per month. In the event of delays on the part of the Landlord in carrying out the Landlord's Work as fully described in Schedule D, the Tenant shall continue to occupy the City Space until such time that the New City Space is ready for occupancy and the Tenant shall continue to pay the said rent. In the event that the Tenant fails to surrender the City Space by December 1, 2019, then the Tenant shall pay rent to the Landlord for the City Space not vacated, said rent payable to be calculated in accordance with the terms of the Lease, as amended." 6. The first paragraph of Schedule D is hereby amended by deleting the words "prior to possession by the Tenant" immediately after the words "consistent with a first-class office building" and replacing them with the words "on or before June 1, 2019". 2r -12 -Sep -18 7. Section 5 Right of First Offer of Schedule E is hereby amended by deleting the first paragraph which begins with the words "During years 1 to 6" and ends with the words "that is May 1, 2030.", and replacing it with the following: "Provided that the Tenant is not in default, the Tenant shall have an on-going right of first offer ("ROFO") to lease additional space in the Building. This right will expire on December 1, 2020." 8. Section 8 Fixturing Period of Schedule E is hereby amended: First, by deleting the words "December 1, 2018" immediately after the words "ending one day prior to" and replacing them with the words "October 1, 2019". Second, by adding a third paragraph immediately after the words "be expected to exercise control.". "In the event the Landlord completes the Landlord's Work fully described in Schedule D at an earlier date, the Fixturing Period shall begin on the date the Tenant takes possession of the New City Space." 9. Section 10 Option to Surrender 4"' Floor Premises of Schedule E is hereby deleted in its entirety and replaced with the following: "10. OPTION TO SURRENDER 4TH FLOOR PREMISES Provided that the Tenant is not in default and written notice is given to the Landlord not less than 3 months prior to December 1, 2020, the Tenant shall have a one-time right to surrender all or a portion of the 4th Floor (Suite 400) Leased Premises." 10, Section 11 Signage Visibility of Schedule E is hereby deleted in its entirety and replaced with the following: "11. SIGNAGE VISIBILITY Illuminated signage exposure is to be provided by the Landlord on the bottom two levels of the Leased Premises which includes the Council Chambers exterior wall. Highly visible signage will be installed in the pedway system guiding citizens to the One Stop Shop or other destinations within City Hall." 11. Section 12 Right of First Refusal to Purchase of Schedule E is hereby amended by adding the following paragraph immediately after the words "upon the terms and conditions set hereinbefore.": "Notwithstanding the above, the Tenant's right of first refusal to purchase shall operate only if the Landlord and the third party making the Offer are dealing at arm's length." 12. Section 15 Option to Expand Space of Schedule E is hereby amended: First, by deleting the first paragraph which begins with the words "Provided the Tenant" and ends with the words "as contained herein.", and replacing it with the following: "Provided that the Tenant is not in default beyond any applicable cure period, the Tenant shall have an on-going right to lease all or part of Suite 500, conditional upon the space being available for lease and written notice being given to the Landlord, at the same rates as contained herein. This right will expire on December 1, 2020." 3 -12-Sep-18 20 13. Second, by deleting at the end of the section the words "and in any event, the Tenant's right pursuant to this provision shall, in respect of the Offered Premises, remain in full force and effect at any time that the Offered Premises become available for lease, and the Landlord receives an offer to lease theretofor during the Term upon the terms and conditions set hereinbefore." 14. LAA Remains in Force - Except with respect to the amendments contained herein, all other terms and conditions contained in the LAA remain unchanged and in full force and effect. 15. Binding Effect - This Agreement shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the heirs, executors and administrators and the permitted successors and assigns of the Tenant. 16. Conditionality - The Landlord shall execute and deliver to the City two original copies of this Agreement on or before September 18, 2018, failing which this Agreement shall -12-Sep-18 become null and void, unless extended by written agreement between the parties. (The remainder of this page is intentionally left blank) 4 ME IN WITNESS WHEREOF 703732 N.B. Ltd. has caused this Agreement to be executed in its corporate name, and on its behalf by its Directors, and The City of Saint John has caused this Agreement to be executed in its corporate name in the manner prescribed by the Local Governance Act, S.N.B. 2017, c. 18, and amendments thereto. SIGNED, SEALED & DELIVERED } in the presence of ) LANDLORD: 703732 N.S. LTD. Director We have authority to bind the corporation TENANT: THE CITY OF SAINT JOHN By: Mayor By: Common Clerk Common Council Resolution: .2018 -12-Sep-18 PROVINCE OF NEW BRUNSWICK I, Keith Brideau, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am a Director of 703732 N.B. Ltd. (the "Corporation"), which is named in the foregoing instrument and have custody of the corporate seal of the Corporation and I am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of the Corporation, is the corporate seal of the Corporation, named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature " ��' �', is my signature, a Director of the Corporation and the signature " T� Ela.,=pis the signature of Dr. David A. Elias, a Director of the Corporation. 4. That I together with Dr. David A. Elias as Directors of the Corporation are duly authorized to execute the said instrument. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this � -A day of September, 2018 V---V� t,J. �A , tl Commissioner of Oaths, Being a Solicitor -12-Sep-18 X i PROVINCE OF NEW BRUNSWICK I, JONATHAN TAYLOR, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the Common Clerk of The City of Saint John and have custody of the Common Seal hereof. 2. That the Seal affixed to the foregoing instrument is the Common Seal of The City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. That the signature "Don Darling" to the said instrument is the signature of Don Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. That we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of September, 2018 Commissioner of Oaths, Being a Solicitor -12-Sep-18 7 lw~ Jonathan Taylor Meeting Date I September 24, 2018 Deputy Mayor McAlary and Councillors, Subject: Canada Games Aquatic Centre RESOLVED that Committee of the Whole having met on September 24, 2018, recommends to Common Council that: The Commissioner of Finance be authorized to loan the City's portion of the 2018 Canada Games Aquatic Centre (CGAC) projected deficit of $325,000 equal to $218,241 to the Canada Games Aquatic Centre (CGAC) at an interest rate the City would receive on these funds if retained in the City's bank account; and That the operating loan be conditional on the CGAC participation in a Continuous Improvement project with the City's Corporate Planning area to look for efficiencies and savings as well as have an internal audit completed to review their financial statements, programs and funding to look for other possible efficiencies and cost savings. Sincerely, Don Darling Mayor lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 NM JO{S �' Y 'I Meeting Date September 24, 2018 Deputy Mayor McAlary and Councillors, Subject: Transfer, Easements, and Agreements NB Museum Project RESOLVED that Committee of the Whole having met on September 24, 2018, recommends that: Common Council approves the creation and transfer of Lot 18-1 to the Province of New Brunswick with the reservation of Easement E-6 for pedestrian access and a Municipal Services Easement. Additionally the Transfer includes a restrictive covenant for a No Build Zone along Easement E-4 and Easement E-1, as shown on the plan of subdivision entitled "Subdivision Plan, City of Saint John Subdivision, Water Street, City of Saint John, Saint John County, NB." (Don More Surveys & Engineering Ltd.) surveyed by Andrew K. Toole, New Brunswick Land Surveyor #379, dated September 21, 2018 (the "Plan"); and further that Common Council approves the following Agreements between the City and the Province: 1. Easement E-3, as shown on the Plan, from the City to the Province for pedestrian and vehicular access; 2. Easement E-4, as shown on the Plan, from the City to the Province for pedestrian access; 3. Maintenance Agreement; 4. Capital Funding Agreement; 5. License Agreement, which provides for the City to complete demolition activities on the Province's land post -closing; 6. Temporary Workroom Agreement; and Amendment to the Option Agreement extending the closing date from September 1, 2018 to October 1, 2018.The Mayor and Common Clerk are authorized to execute any document required to affect the preceding resolutions. Sincerely, Don Darling Mayor lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 259