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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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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
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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.
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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.
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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.
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• 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
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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.
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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.
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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:
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• 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.
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NB Power Commercial Buildings Retrofit Program
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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)
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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
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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
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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)
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remnant of PID 00288498
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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
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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
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J
Saint John River Floodin
Risk Map
Map ll - Raggea P—t Rd,
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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-
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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-
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lt—gie NB Pawer
Load Profile
1 Weather Forecast
SHIFT Monthly Peak Predlction
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_ 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
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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_
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'�"#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
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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
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Man 1 - Site Location The City Saint John
M gp Date: August -29-18
Cox & Palmer - 1655 Manawagonish Road 0 50
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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
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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
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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
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118
A r
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The City of Saint John p
Date: August -29-18
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(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
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Section 39 Conditions
The City of Saint John
Date: August -29-18 *
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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
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—
MAILING ADDRESS
POSTALCODE
Q
U .:OWNER
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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
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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.
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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);
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"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
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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
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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
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APPENDIX B
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199
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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.
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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.
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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
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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.
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'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.
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"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.
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*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.
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"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.
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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
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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.
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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
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*Denotes mandatory field
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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)
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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
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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
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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.
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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.
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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.
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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.
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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
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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)
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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
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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--- -- ---
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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-
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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 � •
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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.
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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
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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
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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
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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