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2016-08-08_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday August 8, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion 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: th 4:30 p.m. 8 Floor Boardroom City Hall 1.1 Land Matter 10.2(4)(d) 1.2 Employment Matter 10.2(4)(j) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(d) 1.5 Land Matter 10.2(4)(d) 1.6 Financial Matter 10.2(4)(c) 1.7 Contract Matter 10.2(4)(c) Ville de Saint John Séance du conseil communal Le lundi 8 août 2016 Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une réunion du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en privé en vertu des dispositions prévues au paragraphe 10.2(4) de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h 30 Salle de conférence, 8 étage, hôtel de ville 1.1 Question relative aux biens-fonds alinéa 10.2(4)d) 1.2 Question relative à l'emploi alinéa 10.2(4)j) 1.3 Question financière alinéa 10.2(4)c) 1.4 Question financière alinéa 10.2(4)d) 1.5 Question relative aux biens-fonds alinéa 10.2(4)d) 1.6 Question financière alinéa 10.2(4)c) 1.7 Question contractuelle alinéa 10.2(4)c) Séance ordinaire à 18 h 1. Ouverture de la réunion, suivie de la prière 2. Approbation du procès-verbal 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Date proposée pour les audiences publiques visant le 34, avenue Mount Pleasant Est (recommandation figurant au rapport) o 5.2 Résiliation du contrat n 2015-08 relatif à la réparation d'une conduite d'eau brute principale de 1 500 mm de diamètre (recommandation figurant au rapport) 5.3 Mise à jour du contrat de licence avec CGI Information Systems and Management Consultants Inc. Système de suivi des candidatures (recommandation figurant au rapport) 5.4 Ajustements au programme d'immobilisations relatif au fonds du réseau d'aqueduc et d'égouts pour 2016 (recommandation figurant au rapport) 5.5 Bureau des commissaires de la police de Saint John Changement à la Direction pour 2016 (recommandation : accepter à titre informatif) 5.6 Invitation au défilé de commémoration du Jour de deuil national le 11 septembre 2016 (recommandation : accepter à titre informatif) 5.7 Demande par Third Space Gallery pour présenter l'exposition d'art Third Shift (recommandation : fixer la date de présentation pour le 6 septembre 2016) 5.8 Demande de soutien financier par Port City Pirates pour le championnat de l'Est du Canada (recommandation : transmettre au Comité des subventions communautaires) 5.9 Conseil d'administration des arts de la communauté de Saint John - Expiration du mandat (recommandation : transmettre au Comité des candidatures) 5.10 Modification à l'arrêté Découvrez Saint John (recommandation : accepter à titre informatif) 5.11 Demande du Conseil des Canadiens pour que Ken Froese fasse une présentation à la séance du conseil du 8 août 2016 (recommandation : fixer la date pour le 22 août 2016) 6. Commentaires présentés par les membres 7. Proclamation 8. Délégations et présentations 8.1 Présentation de Saint John Energy 9. Audiences publiques à 18 h 30 9.1 Présentation du personnel Projet de modification de l'Arrêté de zonage visant le 1435, chemin Manawagonish 9.1.1 Projet de modification de l'Arrêté de zonage visant le 1435, chemin Manawagonish 9.2 Présentation du personnel Projet de modification de l'Arrêté de zonage visant les 80-120, rue McDonald 9.2.1 Projet de modification de l'Arrêté de zonage visant les 80-120, rue McDonald 10. Étude des arrêtés municipaux 10.1 Arrêté de lotissement de la Ville de Saint John (première et deuxième lectures) 10.2 Modification de l'Arrêté concernant les aires de conservation du patrimoine visant la rue Watson (point reporté lors de la réunion du 25 juillet 2016) 10.2.1 Rapport complémentaire au conseil au sujet du retrait du 100, rue Watson de l'Arrêté concernant les aires de conservation du patrimoine de Saint John 11. Interventions des membres du conseil 11.1 Passages à niveau (conseiller Merrithew) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Cadre des moyens d'action de la Ville de Saint John 13. Rapports déposés par les comités 13.1 Comité consultatif d'urbanisme Demande d'aménagement de lotissement au 1710, chemin Sandy Point 13.2 Comité consultatif d'urbanisme Demande d'aménagement de lotissement au 75, chemin Keating 13.3 Commission sur le stationnement de Saint John Modification visant l'annexe A- 1 de l'Arrêté relatif à la circulation dans The City of Saint John 13.4 Commission sur le stationnement de Saint John Modification visant l'annexe O de l'Arrêté relatif à la circulation dans The City of Saint John 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 16. Ordre du jour supplémentaire 17. Comité plénier 17.1 Cotisations au régime de retraite pendant les périodes de congés parentaux 17.2 Réunion d'experts de l'Office national de l'énergie 17.3 Saint John Development Corporation Demande de sous-location à bail du restaurant Lemongrass 18. Levée de la séance /h…b/L\[ w9thw M&C No. 2016-207 Report Date July 28, 2016 Meeting Date August 08, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date 34 Mount Pleasant Avenue East 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 Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning application of the Full Gospel Assembly Church (on behalf of Irving Oil Limited) for Monday, October 3, 2016 at 6:30 p.m. in the Council Chamber, and refer the applications 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 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, October 3, 2016. 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. - 2 - STRATEGIC ALIGNMENT facilitate investment and development in Saint John while maintaining City standards that align with Plan rezoning and Section 39 amendments is a requirement of the Community Planning Act. REPORT indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are s office and will form part of the documentation at the public hearings. The following application has been received: Name of Location Existing Proposed Reason Applicant Zone Zone Full Gospel 34 Mount Two-Unit General To rezone a portion Assembly Pleasant Avenue Residential Commercial of the site to provide Church (on East (R2) (CG) parking for the behalf of Irving office building Oil Limited) located at 2 First Street East On September 15, 2015 the Planning Advisory Committee approved the use of a portion of the existing parking lot at 34 Mount Pleasant Avenue East for a temporary period of one-year in order to provide parking for the building located at 2 First Street East. As Irving Oil Limited will still be occupying the building on First Street East until completion of their new Home Office, the associated parking on the church property on Mount Pleasant Avenue East will be required beyond the one year temporary approval period. The Community Planning Act provides for the an additional temporary use approval of one year to be granted by the Planning Advisory Committee, if the applicant has filed for a rezoning and Common Council has resolved that it will consider a rezoning of the property to permit the use. In this case a temporary use has been applied for, along with a rezoning, in order to provide parking for the Irving Oil building on First Street East during completion of the new Irving Oil Home Office. - 3 - 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. /h…b/L\[ w9thw M&C No. 2016-204 Report Date July 28, 2016 Meeting Date August 08, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council {….W9/ʹ Cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair ht9b hw /\[h{95 {9{{Lhb This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jodi Stringer-Webb Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair awarded to Gulf Operators Ltd. on March 16, 2015 (M&C 2015- 50) be cancelled. EXECUTIVE SUMMARY for the cancellation of Contract 2015-08 1500mm Dia. Raw Water Transmission Main Pipe Repair. PREVIOUS RESOLUTION M&C 2015-50 1500mm Dia. Raw Water Transmission Main Pipe Repair M&C 2014-188 2015 Water & Sewer Utility Capital & Operating Budgets STRATEGIC ALIGNMENT N/A REPORT Contract 2015-08 was awarded with intentions of having the work completed during the 2015 Fall Irving Pulp & Paper (IPP) shutdown as it was dependent on having a complete water shutdown on the 1500mm diameter raw water transmission main. During the pre-construction planning phase with IPP it was determined that the shutdown timelines would not provide sufficient time to - 2 - complete the 1500mm diameter pipe maintenance work. After consultations postpone the work to the 2017 Spring IPP shutdown as that shutdown will be longer in duration providing sufficient time to facilitate the 1500mm diameter raw water transmission main pipe repair work. SERVICE AND FINANCIAL OUTCOMES The original budget for this work is being carried forward from 2015 to 2017 in order to retender and complete the work during the Spring 2017 IPP shutdown. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS LEGAL: The work could not be reasonably executed within the timeframe specified for it under the Contract due to external circumstances beyond the control of the City and the Contractor, Gulf Operators Ltd. Therefore, it would be appropriate to cancel the contract and retender the work when it can be reasonably expected to be performed. Considering that both the Contractor and the City are in agreement and share the same position, the City is not at risk from a legal perspective by making such determination. MATERIALS MANAGEMENT: Materials Management have reviewed the situation and are in agreement with Procurement Policy. ATTACHMENTS No Attachments /h…b/L\[ w9thw M&C No. 2016-205 Report Date July 29, 2016 Meeting Date August 08, 2016 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: License Agreement update with CGI Information Systems and Management Consultants (CGI) - Applicant Tracking System OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Leah Robichaud Neil Jacobsen Jeff Trail RECOMMENDATION w9{h\[95 that the Mayor and Common Clerk be authorized to execute the amendment to the license agreement between the City and CGI Information Systems and Management Consultants Inc. (CGI) in the form attached to M&C No. 2016-205 EXECUTIVE SUMMARY CGI currently provides the City with a web- pursuant to an existing license that was entered into on January 1, 2011. We have identified a need to add to the license in order to provide some additional features and user accounts. PREVIOUS RESOLUTION December 20, 2010 RESOLVED that as recommended by the City Manager in the submitted report Purchase of Applicant Tracking System Njoyn through contract with CGI Payroll Services Centre Inc., the City enter into a Service Agreement with CGI Payroll Services Centre Inc. in the form and upon the terms and conditions as submitted with said report and that the Mayor and Common Clerk be authorized to execute the said agreement. - 2 - STRATEGIC ALIGNMENT The recommended additions to the license will allow all hiring managers to have access to the online system to submit hiring requistions, approval of requistions, and review of applicants thus improving the overall efficiency of the staffing process. We currently have only twenty five hiring manager user accounts that must be shuffled between users, the new contract will have unlimited hiring manager access. The other key addition is for an additional three Human Resource user accounts. The additional features include development of templates for offer letters which can be sent electronically and signed electronically by the successful applicants. This will be used initially for our casual and seasonal staff to decrease the time to hire. We will also SERVICE AND FINANCIAL OUTCOMES This is a budgeted expenditure within the envelope approved by Common Council in the 2016 Operating Budget. The total cost includes a one time fee of $1500.00 to be paid from the Human Resources budget and an increase to the annual License fees of $2412 to be paid from the IT budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS ATTACHMENTS Appendix A CGI Amendment No. 1 2016 Appendix B CGI Contract effective January 1, 2011 January 1, 2011 CGI Njoyn License and Services THE CITY OF SAINT JOHN CGI INFORMATION SYSTEMS AND MANAGEMENT C successor in interest to CGI Payroll Services Inc. . WHEREAS-based software application Njoyn, including the use of a browser interface; and WHEREAS, Client and CGI desire to amend the terms of their Agreement as set forth in this Amendment No. 1; NOW, THEREFORE, in consideration of the covenants, promises, obligations and conditions set forth below and in the Agreement, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree that the following modified and added terms and conditions are made a part of the Agreement and are effective on the Effective Date: 1. Appendix A: Fees is hereby amended to reflect the additional fees related to the reconfiguration mandate, as such, the following fees and related terms and conditions are added at the end of the existing Appendix A: Fees section: Reimplementation/Configuration Setup Fees (One Time Fee) - $1,500.00 Modify job requisition request form and approval process: (1 day development) o Add the ability to use a template/clone module o Changes to the form including adding new fields and removing existing fields, if required Setup electronic offers (up to 5 templates) (1/2 day development) Setup electronic offer acceptance on Njoyn hosted career sites Fee waived Setup interview type feature Fee waived Setup star ranking feature Fee waived License Fees applicable as of the Effective Date of this Amendment up to any Renewal Term: Up to six (6) recruiter/administrator licenses, unlimited hiring manager licenses $956.00 per month / $11,472.00 per year Maintenance & Support Fees applicable as of the Effective Date of this Amendment up to any Renewal Term: $169.00 per month / $2,028.00 per year 2. All other terms and conditions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to the Agreement to be executed by their duly authorized representatives as of the ____ day of ______, 2016. CGI Client By: By: Print: Print: Title: Title: CGI Njoyn License and Services Agreement THIS IS A LICENSE AND SERVICES AGREEMENT BETWEEN THE CITY OF SAINT JOHN AND CGI PAYROLL SERVICES CENTRE INC. 1. SERVICES CGI hereby accepts to provide to Client web-, as described more fully in the Njoyn user manual, and the license herein described are collectively cal) . data encryption, transmission, access and storage. 2. TERM stst The initial term of this Agreement shall be for a period of 3 years from January 1, 2011 to December 31 , 2013 . This agreement shall be automatically renewed thereafter for successive one- CGI or Client notify each other at least 90 days in writing before the end of the Initial Term or 60 days in writing during any applicable Renewal Term of its intention to terminate the Agreement. Monthly license fee costs will be reviewed on a yearly basis and CGI reserves the right to increase the charges based on the Consumer Price Index, but not more. 3. LICENSE RIGHTS: CERTAIN RESTRICTIONS CGI grants to Client and Client hereby accepts from CGI, non-exclusive, non-transferable, non sub-licensable license to use Njoyd by CGI to Client are reserved. Client is permitted to store, analyze, reformat, print, and display any data or information of Client that is contained in the Njoyn r the xpressly prohibited. Client shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party. Client shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device. In the event Client wishes to have third parties, such as executive recruitment or CGI in writing and no Third party User shall, or shall be authorized by Client to, use or access the Service in any way or for any purpose unless and until each such Third Party User has agreed in writing with CGI to comply with all of the terms and conditions of this Agreement. 4. LINKS TO THIRD PARTY SITES CGI does not endorse any sites on the Internet that are linked through the Service. CGI is providing these links to Client only as a matter of convenience, and in no event shall CGI be responsible for any content, products, or other materials on or available from such sites 5. FEES, INVOICING, LATE PAYMENT AND TAXES ing terms as set out in adjusted accordingly should there be a change in the number of said registered User. Client must also report and pay any CGI charges and collects at month end for use of the Service. CGI will automatically issue an invoice to Client as follows: (a) initially for implementation fee (due upon receipt) (b) every month for monthly licenses. All valid Users (as hereinafter defined) of Njoyn will be charged out at the full monthly User rate regardless of the length of use per month. License charges will be based on the number of licenses contracted for, whether or not such licenses are actively used. Charges for other services will be billed as agreed at the time such services are requested. Invoices will be generated at the end of each monthly billing period and shall be due within 30 days. Client account will be considered delinquent if payment in full is not received on or before the thirtieth day after the billing date. Page 1 of 11 Client agrees to provide CGI with complete and accurate billing and contact information. This information includes Client legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. Client agrees to update this information within 30 days of any change to it. If the contact information Client has provided is false or fraudulent, If Client believes that Client has been incorrectly billed by CGI, Client must contact CGI in writing within 60 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. CGI reserves the right to suspend or terminate this Agreement and Client access to the Service if Client account becomes delinquent. Delinquent invoices are subject to interest of 1.5% per month (18% per annum) on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Client will continue to be charged for Client licenses during any period of suspension. If Client or CGI initiate termination of this Agreement, Client will be obligated to pay the balance due on Client account computed in accordance with the Fees, Charges and Payment of Fees section above. Client agrees that CGI may bill Client for such unpaid Fees. All Fees are exclusive of any and all duties and taxes. Client shall be responsible to pay such Taxes and shall promptly reimburse CGI for any such Taxes that are paid by CGI directly. 6. USER ACCOUNT A User account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with CGI. For the purposes hereof, a user is any Client employee, representative or assigned agent of Client who, through an assigned active user identification device and password, has access to all functionalities of the Services t pect that such information is untrue, choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new User only if a previous User becomes inactive and is unable to access the Service. 7. User Responsibilities account and ensuring that Client exit or log-off password or account or any other breach of security that is known or suspected efforts to stop immediately any copying or distribution of Content that is known or suspected by Client. CGI shall not be r data, any material, information or data sent or received, regardless of whether the data is actually received by CGI, any transactions entered into through the Service or any failure by Client to abide by this Agreement. 8. Account Information Data and Liability CGI does not own any data, information or material that Client submits to the Service ("Data"), unless CGI specifically tell Client otherwise before Client submits it. CGI will not monitor, edit, or disclose any information regarding Client or Client acc be required by law. Client recognizes and accepts that CGI does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information does not include personally s account, including its Data, to respond to service or technical problems or as stated in this Agreement. Client, not CGI, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and CGI shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. CGI acknowledges that all Data and Confidential Information is captured, stored and backed up in Canada. 9. Use, Storage and Other Limitations CGI reserves the right to establish or modify general practices and limits concerning use of the Service. Client further acknowledges that CGI reserves the right to change these general practices and limits at any time, in its sole discretion, with appropriate notice. 10. Confidential Information Client and CGI acknowledge that the nature of their business requires that they observe strict confidentiality provisions with respect to Confidential Information. The Parties acknowledge that Confidential Information is owned by the disclosing Party and is a valuable asset thereof. Client and CGI shall each use at least the same degree of care as it employs to avoid unauthorized disclosure of its own information, but in any event no less than commercially reasonable efforts, to prevent disclosing to unauthorized parties the Confidential Information of the other party. The foregoing shall not prevent CGI from disclosing such information to its employees as and to the extent necessary for the performance of the Services. Page 2 of 11 To the extent applicable to the Services, CGI shall comply with all applicable laws relating to privacy and confidentiality of Notwithstanding the generality of the foregoing, CGI agrees to comply with and cooperate under the provisions of the New Brunswick Right to Information and Protection of Privacy Act insofar as it applies to the Data, Confidential Information and Client at no additional cost or expense to Client. CGI agrees that it will not use any Confidential Information of Client for any purpose other than those contemplated by this Agreement. Each Party shall use commercially reasonable efforts so that personnel of each Party comply with these confidentiality provisions. In the event of any disclosure or loss of, or inability to account for, any Confidential Information of the furnishing Party, the receiving Party promptly shall (i) notify the furnishing Party upon becoming aware thereof; (ii) take such actions as may be necessary or reasonably requested by the furnishing Party to minimize the violation; and (iii) cooperate in all reasonable respects with the furnishing Party to minimize the violation and any damage resulting therefrom. bri As requested by a Party during the Term, upon expiration or any termination of this Agreement or completion of CGI's obligations under this Agreement, the other Party shall immediately return or destroy, as the requesting party may direct, all material in any medium that contains, refers to, or relates to Confidential Information. The Parties acknowledge and agree that the breach of any of the provisions of this Agreement relating to Confidential Information may cause serious and irreparable harm which may not be adequately compensated for in damages and, in the event of a breach of any such provision, the other Party may seek an injunction restraining any further breach. Such action shall not be construed so as to in any way limit or prejudice any other remedy which a Party may have against the other in the event of such a breach. A defaulting party under this section 10 covenants and agrees to indemnify and save the other party harmless from any and all liability, loss, damage, costs and expenses (including reasonable solicitor's fees) which such other party may hereafter incur, suffer or be required to pay arising out of or in any way related to disclosure or use of the Confidential Information by the defaulting party or those for whom at law the defaulting is responsible in breach of this Agreement. or indirectly by one Party to the other which is marked confidential, restricted, or with similar designation and includes any unmarked information which a reasonable person would understand to be confidential. The terms and conditions of this Agreement shall be deemed Confidential Information. In the case of Client, Confidential Information shall also include, whether or not designated "Confidential Information", (i) the data; (ii) the information or data of any customer, employee, potential employee, candidate or User; (iii) all information concerning the operations, affairs and business of Client, the financial affairs of Client, and the relations of Client with its customers, employees, potential employees, candidates, and service providers, (iv) other information or data stored on magnetic media or otherwise or communicated orally, and obtained, received, transmitted, processed, stored, archived or maintained by CGI under this Agreement (Collectively, "Client Confidential Information"); "Confidential Information", however, does not include information that: (v) is now or subsequently becomes generally available to the public through no fault or breach on the part of the receiving Party; (vi) either Party can establish by documentary evidence is independently developed by that Party without the (vii) either party can establish by documentary evidence it has rightfully obtained from a third party who has the right to transfer or disclose it. 11. Acceptable Use Policy Client agrees to abide by all applicable local, provincial/state, federal, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, Client agrees not to use the Service or information from the Service to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or Page 3 of 11 any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancel bots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another User's use and enjoyment of the Service 12. Termination/Reduction in Service Level Either party may terminate this Agreement by notifying the other party in writing at least 90 days in advance in the Initial Term and one month in advance of the termination date in a Renewal Term. Client will be billed for the period from the date Client initiates the termination up to and including the thirtieth day following the effective date of termination. maintain any Data and shall return to Client all of its Data in such form as CGI may in its discretion determine. Client agrees that CGI shall not be liable to Client or any third party for any termination of access to the Service. Client expressly waives any legal provisions allowing Client to unilaterally resiliate or terminates this Agreement. Consequently, the Client cannot unilaterally resiliate or terminate this Agreement, except in accordance with the provisions herein. 13. Termination for Cause f the Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of this Agreement. Data within the Service if Client breach or otherwise fail to comply with this Agreement. on of termination. Upon termination of an Client or any third party. 14. Cookies C visited the Service previously. Njoyn issues a persistent cookie only to record encrypted authentication information for the duration of a session. 15. Proprietary Rights atents cts or accessories related to the Services,, including, without limitation, documentation, stories, articles, text, images, and other multimedia data, and all such right, title and interest shall remain exclusively with CGI and its licensors, as applicable. Njoyn and/or the names of other CGI products and services referenced herein are either trademarks or registered trademarks of CGI. The names of other companies and products mentioned herein may be the trademarks of their respective owners. 16. Mutual Indemnification Client shall indemnify and hold CGI, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any unauthorized or improper use of the Service or Content or any breach of this Agreement by Client. 17. Service Level Commitment; Support Services Page 4 of 11 (a) Client shall be entitled to use the Service on a 24 hour x 7 day per week basis. CGI shall use its commercially reasonable means the percentage availability of the Service in any month calculated in accordance with the following formula: ((Hours in a month)-(Hours of outage))/(Hours in a month of warranted availability). For the purpose of calculating Application Availability, the following shall be excluded: (i) outages due to events of force majeure; (ii) scheduled maintenance; and (iii) any of the Client's internal system, network, software or hardware problems as well as any problems associated with Client's Internet access or connectivity to the Njoyn Website, including any problems with the Internet, the Public Switched Telephone Network or any other telecommunications or data communications network or any problems with any Internet Service Provider or telecommunications carrier in relation thereto. (b) In addition to the foregoing, CGI shall provide the Support Services specified in Appendix B. 18. Warranties (a) CGI WARRANTS THAT THE SERVICE PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE ONLINE TRAINING MANUAL. (b) EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE: CGI AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CGI AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH THE SERVICE WILL MEET CLIE EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, OR (VI) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO CLIENT STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CGI AND ITS LICENSORS. 19. Limitation of Liability Njoyn Website and/or this Agreement or arising from or in any manner relating of any act or omission by CGI in connection with this Agreement, regardless of how such liability arises or is based or the number of events or occurrences giving rise to liability, shall be limited to one time the average monthly Fees paid by Client to CGI hereunder. This limitation shall apply irrespective of the nature of the cause of action, demand or claim, including breach of contract, negligence, tort or any other legal theory, and shall survive a fundamental breach or breaches and/or failure of the essential purpose of the Agreement or of any remedy contained herein. In no event shall CGI be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses or for lost profits, lost revenues or any other commercial or economic loss of any kind (including business interruption, lost business, or lost data) even if it has been advised of their possible existence, or even if same were reasonably foreseeable. The allocations of liability in this paragraph represent the agreed and bargained-for understanding of the parties and 20. Trademark Information ducts or services referenced herein are trademarks, trade names or registered trademarks of CGI ("CGI Marks"). Without CGI's express prior written consent, Client shall not display or use in any manner the CGI Marks. The names of other companies and products mentioned herein may be the trademarks or trade names of their respective owners. 21. Submissions CGI alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by Client relating to the Service ("Submissions") and Client agree to assign such Submissions to CGI free of charge. CGI may use such Submissions, as it deems appropriate in its sole discretion. 22. Arbitration In the event of any dispute or disagreement between the Parties with respect to the interpretation of any provision of this Dispute) within a period of thirty (30) days after the circumstances giving rise to the Dispute originated or occurred (the ), the Dispute shall be referred to binding arbitration by a single arbitrator in accordance with the provisions of the New Brunswick Arbitration Act. Page 5 of 11 Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. 23. Notice CGI may give notice by means of a general notice on the Service, electronic mail or by written communication sent by first class mail to Client's following address: Name of Client: City of Saint John Address: P.O. Box 1971 Attention of: John McIntyre Fax number: 506 632 6134 E-mail address: john.mcintyre@saintjohn.ca Client may give notice to CGI (such notice shall be deemed given when received by CGI) at any time by any of the following: letter sent by confirmed facsimile to CGI at the following fax number 905-695-6559-mail address, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CGI at the following address : G.Taylor 150 Commerce Valley Drive nd 2 floor Markham, Ontario L3T 7Z3 gord.taylor@cgi.com In all cases, a copy of such notice shall be sent to CGI Group Inc. 1130 Sherbrooke Street West, th 5 floor, Montreal, Québec H3A 2M8 Attention Chief Legal Department, Facsimile 514-841-3299 24. Assignability This Agreement may not be assigned except by CGI (i) to a parent or subsidiary thereof, or (ii) to an acquirer of assets thereof. Any purported assignment in violation of this section shall be void. 25. General These Terms constitute the entire agreement between Client and CGI and govern use of the Service and/or Njoyn Website, superceding any prior agreements between Client and CGI. Client may also be subject to additional terms and conditions that may apply when using third-party content or third party software. The Terms and the relationship between Client and CGI shall be governed by the laws of the Province of New Brunswick, (To be adjusted accordingly) Canada without regard to its conflict of law provisions. Client and CGI hereby agree to submit and attain to the personal and non-exclusive jurisdiction of the courts located within the judicial district of Saint John, New Brunswick, (To be adjusted accordingly) Canada. The failure of CGI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. CGI shall not be responsible for any failure to perform or delay in performing any of its obligations under this Agreement due to acts of God, strikes, inability to obtain labour or materials, acts or omissions of the other party or any third party, acts or orders of government or changes in the law or regulation or any other cause or event, ce only and have no legal or contractual effect. Page 6 of 11 CGI Payroll Services CITY OF SAINT JOHN Centre Inc. ADDRESS: ADDRESS 150 Commerce Valley Drive Second floor Markham, Ontario, L3T 7Z3 SIGNATURE: NAME: Gord Taylor TITLE: Director of Consulting Services DATE: Page 7 of 11 Appendix A: Fees Page 8 of 11 Appendix B: Service Levels and Help Desk Procedures SERVICE LEVEL AGREEMENT FIRST LEVEL HELPDESK SUPPORT VIA EMAIL AND TELEPHONE CONTACT Page 9 of 11 USERS OF NJOYN MANAGEMENT INTERFACE Within regular Helpdesk hours 8am8pm EST, Monday- Friday, excluding holidays Escalation and Resolution Client, Degree of Severity Description Procedure Client does not have access to Immediate dispatch to Network 1. Critical Njoyn system due to a network Administrator or Database or database failure or systems Administrator; Follow up call process failure on our within 15 minutes to client; (Multiple clients and/or multiple equipment Further follow up call to client Users of one client affected) every half hour until resolution reached. First Level Support liaises with network admin at half hour intervals until resolution reached Client does not have First Level support begins 2. High access to Njoyn immediate troubleshooting with system due to expired client if over phone password. Via email, First Level Support (Single User affected, or inquiry Client has questions responds to client request made by single User on behalf about process within 15 minutes of of other Users) (candidate postings, receiving emai l, and contacts job postings, via phone if applicable broadcasts, etc) Client has browser issues/incompatibilities Client has questions re: billing, If known, First Level Support transfers 3. Medium additional seats, using call or forwards email to appropriate additional features of Njoyn contact, otherwise, detailed description system of client needs/concerns is taken and (Single User affected) sent to tier 2 contact If resolution is not immediately forthcoming, First Level Support sends acknowledgement email or makes acknowledgement call within 1 hour. Client has observations, First Level Support determines whether 4. Low suggestions, or inquiries about issue can be resolved at First Level options within the Njoyn system Support level, and if not, forwards not affecting information to internal development (Single User inquiries, or single access or routine use of Njoyn group. User inquiry on behalf of system.) First Level Support calls client back multiple Users) within 2 hours to acknowledge receipt of email, and if necessary, gathers Page 10 of 11 additional information CANDIDATES Within regular Helpdesk hours - 8am-8pm EST, Monday- Friday, excluding holidays. Escalation and Resolution Degree of Severity General Description procedure 1. High By phone: First Level Support begins Password problems troubleshooting immediately; if Login errors resolution is not immediately Process issues within apparent, First Level Support notes profile creation problem description and takes contact Browser details and consults tier 2. Callback to incompatibilities end User within 2 hours Site redirection By email; First Level Support begins troubleshooting immediately; response consists of either a) solution b) request for additional information c) acknowledgement of receipt, and provision of solution within 2 hours If escalated to tier 2, callback twice daily until resolution reached) 2. Low (primarily email) General job inquiries Acknowledgement of receipt and Forwarded resumes instruction for correct application procedure. No further action need be taken Page 11 of 11 /h…b/L\[ w9thw M&C No. 2016-208 Report Date July 29, 2016 Meeting Date August 08, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2016 Water & Sewerage Utility Fund Capital Program Adjustment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Keenan Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Common Council approve reallocating $600,000 of the $645,000 Water & Sewerage Utility Fund Capital Program surplus from the 2016 University Avenue Sanitary Sewer Structural Lining project (M&C 2016-141) to support a new project for the installation of two replacement pumps and temporary bypass at the Thorne Avenue Sanitary Lift Station. EXECUTIVE SUMMARY The purpose of this report is to obtain approval from Common Council for the addition of a new project: Thorne Avenue Sanitary Lift Station Sewage Pump Replacement. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. May 30, 2016; Contract No. 2016-09: Sanitary Sewer Structural Lining University Avenue Phase II (awarded with a $645,000 surplus identified). STRATEGIC ALIGNMENT Sustainable Infrastructure. - 2 - REPORT Two of the four pumps at the Thorne Avenue Sanitary Lift Station are in need of replacement in order to ensure reliable operation of the facility. A temporary bypass is also required. SERVICE AND FINANCIAL OUTCOMES A previous report to Council (M&C 2016-141) identified a $645,000 surplus for the University Avenue Sanitary Sewer Structural Lining project under the 2016 Water & Sewerage Utility Fund Capital Program. It is proposed that $600,000 of the $645,000 surplus be reallocated to support the Thorne Avenue Sanitary Lift Station Sewage Pump Replacement project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a SAINT JOHN BOARD July 29, 2016 OF POLICE COMMISSIONERS ONE Peel Plaza, E2L 0E1 PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Mayor Don Darling, and Members of Bureau des Commissaires du Common Council Service de Police de Saint John C.P. 1971 Saint John Nouveau-Brunswick Canada E2L 4L1 Your Worship and Councillors: ANNE-MARIE MULLIN Chair/ Président NICOLE PAQUET Re: Saint John Board of Police Commissioners - Change in Vice Chair/Vice Président Executive for 2016 JENNIFER CARHART Secretary/Secrétaire BRIAN BOUDREAU Commissioner/Commissaire At the July 5, 2016 meeting of the Saint John Board of Police MICHAEL HAYCOX Commissioners, the following members were elected to serve as the Commissioner/Commissaire Executive for 2016 due to the resignation of Nicole Paquet, the Vice Chair. JOHN T. W. BATES, M.O.M. Chief of Police/ Chef de Police Chair: Anne-Marie Mullin Vice Chair: Jennifer Carhart DAPHNE WAYE Secretary: Brian Boudreau Executive Administrator/ Secrétaire Administrative Respectfully submitted, Telephone/Téléphone: (506) 648-3324 Anne-Marie Mullin, Chair E-mail/Courriel: Saint John Board of Police Commissioners policecommission@saintjohn.ca AMM/dew Explore our past/ Explorez notre passé Discover your future/ Découvrez votre avenir P.O. Box 54 Local 771, IAFF Saint John, N.B. E2L 3X1 iaff771@nbnet.nb.ca Association July 26, 2016 Dear Mayor and Council, September 11 has been named by the International Association of Fire Fighters as an International Day of Mourning for all fire fighters who have been killed in the line of duty or felled by occupational diseases. The IAFF has for many years sought to designate such a day and September 11 became the obvious choice. Local 771 is holding a Memorial Parade from the Fire Fighters Museum to our fallen fire fighters' memorial "The Bell Monument" where we will conduct a helmet laying ceremony. The parade will commence at 2:00 pm and will be followed by a reception at the Fire Fighters Museum on Sydney Street. We would like to take this opportunity to invite you to this event. Please RSVP the undersigned by September 1, 2016 by sending an email to lcook@iaff.org if you plan to attend. Yours truly, Larry Cook Recording Secretary Local 771, IAFF Evans, Richard From:External - CommonClerk Sent:August-03-16 2:20 PM Evans, Richard To: Subject:FW: THIRD SHIFT presentation at City Council Meeting - September 6 PleaseaddtoaƚƓķğǤ͸ƭAgenda. Thx P From: Christiana Myers \[mailto:clmyers4@gmail.com\] Sent: August-03-16 12:56 PM To: External - CommonClerk Subject: THIRD SHIFT presentation at City Council Meeting - September 6 Mayor and Council, On behalf of Third Space Gallery and the THIRD SHIFT organizing committee, I would like to request that our executive director and board president attend your city council meeting on September 6, 2016 to give a short presentation about our event. THIRD SHIFT is Third Space Gallery's night time contemporary art event, unique to our city, that will be taking place for it's second year on August 19th from 7pm to midnight in Saint John's Trinity Royal District. The event will highlight the work of emerging and established artists who cross disciplines and boundaries in their examinations of contemporary culture. Participating artists will reflect on the area’s cultural landscape and historic architecture to develop their projects and exhibit their work. All activities established by THIRD SHIFT are free and open to the public. We will be creating a presentation over the course of the next month and would be happy to send a draft prior to the meeting. Please let us know if you have any questions and if we will be able to attend the meeting. Thank you, Christiana Myers Third Space Gallery, President 1 Evans, Richard From:Terri Desjardins <bentye@live.com> Sent:July-26-16 7:56 PM Evans, Richard To: Subject:Eastern Nationals Dear Mr Mayor and Common Council I am a parent of a 12 year old boy who has been active in Rep baseball over the last three years playing on the Port City Pirates. This group of boys earned the chance to go to CornerBrook NFLD two years ago and worked hard to raise funds. This month the same group of boys earned the right to represent New Brunswick at the Pee Wee Eastern National Championships being held in Mount Pearl, NFLD from Sept 7-13th. In an effort to offset some of the expenses and make this a rewarding and memorable experience for the players we are asking for support. In return for your generosity we guarantee that we will make Saint John proud. The team has to raise funds to fly to Mount Pearl, pay for accommodations, and raise funds to help supplement their meals. We hope you will consider participating in our efforts to help us bring home the Eastern National Pee Wee AAA Baseball Championship and welcome any support you can offer. Thank you for your support!!! "Hard, Smart, Together 1 Sent from my iPad 2 Evans, Richard From:External - CommonClerk Sent:August-02-16 3:13 PM Evans, Richard To: Subject:FW: Request to present to SJ Common Council HiRichard WouldyoupleaseaddtoAgenda. Thanks pat From: Angela Giles \[mailto:agiles@canadians.org\] Sent: July-29-16 2:23 PM To: External - CommonClerk Subject: Request to present to SJ Common Council 29July2016 DearSaintJohnMayorandCouncil, IamsendingthisrequestforKenFroese,whowillbetravellingtoSaintJohnfromCalgaryforthestartoftheNational EnergyBoard(NEB)hearings,inthehopesthatyoumightbeabletomakespaceonyour08Augustcitycouncilmeeting agendatohearfromhim. Dr.Froesehasbeeninyourbeautifulcommunityoncepreviouslytopresenttheresultsofhisinitialreportanalysing ƩğƓƭ/ğƓğķğ͸ƭapplicationforthepipelineandtankfarmplannedforRedIĻğķΉ!ƓƷŷƚƓǤ͸ƭCove.Hehassinceupdated thereport(afterTransCanadacompletedtheirapplicationtotheNEB)andhasmuchtosayaboutthehealthrisksto yourcommunityandresidents.Hisreportisentitled,ͻ 9ƓǝźƩƚƓƒĻƓƷğƌIĻğƌƷŷźƓwĻķIĻğķʹŷĻ9ƓĻƩŭǤ9ğƭƷtƩƚƆĻĭƷ ͼ͵ Hewillplantoattendthe08Augustmeetinginthehopesthatyoumighthavetimetohearfromhim.Therewillbe copiesofhisreportavailableforyouthen.HealsoplanstomeetwithRedHeadresidentsandotherconcerned communitymemberswhileintown. Thanksforyourconsiderationofthisrequest, Angela Angela Giles AtlanticRegionalOrganizer|OrganisatriceƩĽŭźƚƓğƌĻͲwĽŭźƚƓAtlantique TheCouncilofCanadians|Leconseildescanadiens 2112099RueGottingenStreet|Halifax,N.S.|B3K3B2 902.422.7811|1.877.772.7811 cell.478.5727|twitter.@angiles www.canadians.org ŷĻ/ƚǒƓĭźƌƚŅ/ğƓğķźğƓƭźƭğǞğƷĭŷķƚŭƚƩŭğƓźǩğƷźƚƓƷŷğƷƦƩƚǝźķĻƭźƓķĻƦĻƓķĻƓƷğƓğƌǤƭźƭğƓķƭǒƦƦƚƩƷƭŭƩğƭƭƩƚƚƷƭ ĭğƒƦğźŭƓƭŅƚƩƭƚĭźğƌƆǒƭƷźĭĻ͵‘źƷŷƚǒƷŭƚǝĻƩƓƒĻƓƷƚƩĭƚƩƦƚƩğƷĻŅǒƓķźƓŭͲǞĻƩĻƌǤƚƓźƓķźǝźķǒğƌƭǒƦƦƚƩƷĻƩƭƌźƉĻǤƚǒƷƚƉĻĻƦ ƚǒƩĭğƒƦğźŭƓƭğƓķƚƩŭğƓźǩźƓŭĻŅŅƚƩƷƭŭƚźƓŭ͵/ƌźĭƉŷĻƩĻƷƚķƚƓğƷĻ͵ 1 August 2016 Dr. Ken Froese GatePost Risk Analysis Environmental Health in Red Head: The Energy East Project - of - etc EIAs and Human Health Major industrial projects can be positive for communities: jobs, skills, education, social infrastructure, Or negative: risk perception, stress, senseplace, lifestyle and economic disruption, reduce community resilience Narrow focus on chemical risks Health and wellbeing is complexEIAs look at issues in isolation, not holistically Catastrophic events toxicological impacts on community - Property values; disruption Nonwellbeing not evaluatedScenarios not evaluated for toxicological and holistic risks to health and wellbeingCan help with emergency response planning Pipeline spill or marine spillsTank farm: tank failures, explosion, fire and odours concerns Odour and related health effects are complex Regulated VOCs within guidelines, but serious health issues exist OdoursEnergy East suggests no issues based on modelRecent cases in Alberta and MichiganEnergy East can commit to proactively addressing future issues. Trust , regulators Much of major project environmental health concerns comes down to issue of trustMutual trust between corporations, communities Annual Report 2014 . . ReliableInnovative.Sustainable. 2 Sustainability Economic ValueSocial ResponsibilityEnvironmental Stewardship Customer FocusOrganizational EffectivenessEmployee Wellbeing Financial Stability and 2.3.4. 1. Our LeadershipEvolving Landscape About Saint John Energy A Strategy for Growth and Sustainability Agenda 3 customers, Focused - Driven 36,000 - SafetyResultsAccountabilityHonesty, Integrity and RespectCustomerTeamwork Saint John Energy is proud to provide the citizens of Saint John with the power they need to heat their homes, run their businesses been our job since 1922. We serve more than spanning 316 square kilometers, with reliable service that is among the best in the country. 4 Provide value to all stakeholders Focus on Sustainability; commitment to the environment, social responsibility and economic valueAs customers evolve we must continuously improve to anticipate and exceed expectationsTo achieve our vision we align with our four overarching strategic priorities 5 We continuously work to balance our capital expenditures, such as infrastructure renewal projects, with new potential lines of business and shifting customer priorities. financially stable year after year, while planning effectively for the future. apital Additions) C For 2015, we are pleased to report a net income of $1.6 million, compared to our net income target of $200,000Purchases or construction of property, plant and equipment (during the year totalled $8.2 million (including $3.2 million for LED street light conversion) as compared to the forecasted $10.8 million budget, a savings of $2.6 millionIn addition to this summary we have prepared a separate report with full audited financial details for the year 6 electricity region We provide economic value to our community by providing a reliable supply of energy at highly competitive rates; the promotion of energy conservation; and our dedication to helping Saint John grow and prosper NB Power, our supplier of wholesale with are among the lowest in our province relationship serve a very specific, urban geographic area, which creates efficiencies across the board average, residential rates are 10 per cent lower and commercial rates are 4 per cent lower e model has allowed the City of Saint John to save about $2 million per year, and the public Saint John Energy rates On than others in the Our excellent W This is possible because; This more than $7 million per year. This benefits Saint John, and our province as a whole. Our commitment to sustainability is represented through three pillars. 7 communication way - customers : We believe in supporting areas of social need in Saint John. We are proud to sponsor many organizations that contribute to our community through their work in education, community building and the provision of food and warm shelter. Our First Community Annual General Meeting Engagement with the Saint John Common Council by presenting updates on projects and business successesEnhanced engagement in digital media, providing timely, twoCustomer focus groups with a selection of residential We respect our shareholder in the City of Saint John, and all of our customers, employees and partners. We are committed to communicating with and engaging our stakeholders, and investing in our community. In 2015, we focused on understanding our customer and stakeholder requirements and expectations. Some of our engagement methods included 8 by continuously reducing our compliance stations system media art photovoltaic system around the - the - Lake of - Partnered with Saint John Parking Commission and the City of Saint John to install two electric charging Installed oil containment systems when we built or upgraded our substationsInitiated the final stage to eliminate PCBs in pole mount transformers in our distribution Completed quarterly internal audits by our Joint Health and Safety Committee, resulting in 100 per cent Continued membership with Sustainable Saint JohnShared energy conservation tips with our customers on our website, and through social Installed a stateperimeter of Lily 2015 we: We demonstrate our commitment to environmental stewardshipenvironmental footprint, and by helping our customers do the same through the promotion of energy conservation. In 9 The duration of our average system interruption was 2.60 hours/yearThe frequency of our average system interruption was 1.52 interruptions / year In 2015: satisfied maintained - customer interruptions foundation for economic are ahead of the national average achieve this through storm We for both the duration and frequency of service We response simulations, vegetation management, wellinfrastructure and our unwavering focus on the reliable service exceeds industry oo Our rates are among the lowest in the regionLarge Industrial and Data centre rate solutions developmentOur standards. A customer survey, with 83.7 per cent of respondents satisfied or very 10 infrastructure improves our safety and environmental performance, supports future development and increase our reliability. Avenue Substation Conversion LED Street Light Conversion ProjectRaynesWestmorland Substation UpgradePrince William Street Revitalization (overhead to underground conversion)Enhanced Vegetation Management ProgramEnhanced Asset Inspection Program Infrastructure Application Split Ductless Heat Pump Rental - New GPS Enables Mobile IVR (interactive Voice Response) System ReplacementMiniProgram Innovation 11 category Start Safe time incident - wide safety performance and the Vice - The health and wellbeing of our employees means everything to us. An engaged and knowledgeable team is crucial to our future business and community success. Lunch and 200,000 hours of safe work without a lost Council is responsible for monthly internal an employee recognition were awarded two safety excellence awards: the Canadian Electricity Association 2015: Conducted live line training refresher We Introduced a new element to our safety program in fall 2015 Achieved sessions employees facilitated internal employee website was Employee Safety We Learn An developedEstablished programThe Employee enriching the daily work experience of our Throughout 12 , Manager, Field Operations President & CEO , Communications & Executive Support , Director, Asset Management , Manager, Engineering , Vice President, Engineering & Operations , Manager, Shared Services , Vice President, Finance & Administration , Manager, Finance Mitchell Left to Right:Darin LamontAndrew AhearnJeff GarrettSteve SimmieDave HorganJessica DelongMarta KellyRyan Ray Robinson, 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 2015, we are grateful for your leadership and your contributions to our strong and healthy working relationship. 13 ref challenges investments aging infrastructure ($350B in Canada by 2035 Conference Board of Canada)load growth, grid modernization, new oooo Access to, and Competing Demands for Capital (while managing rate shock)Pace of advances in technology, and subsequent consumer choicesLoss of traditional sources of revenue as a result of consumer choicesLessening capability of utilities to accurately determine long term growth and related investmentsIncreased challenge of optimizing long term sustainable low cost of energy supplyIncreased pressures to lower emissions and maximize penetration of renewables and transportation electrificationPace and form of Regulatory and Legislative Evolving Landscape 14 regional, national) remaining as advocates of consumer choice, Customer/Supplier, (new commercial arrangements)Board, owner, and corporate structure NB power and ProvinceActive Community Partnership (TG 2.0, Network Partners)Energy sector ( ooooo While how do we transform our role in the sector to secure our existence, sustainability and relevanceIncreased importance to enhance or develop new relationships with many stakeholders: Evolving Landscape Continued 15 The City of Saint John 1435 Road rezoning Growth & Community Development Services Community Planning & Development Manawagonish site location site plan proposal elevations proposal site aerial site aerial site topography site photo SJ plan future land use SJ zone zoning SJ zone zoning Rezoning: Corridor Commercial (CC) to Low-Rise Residential (RL) staff recommendation That the proposed rezoning be approved pac recommendation That the proposed rezoning be approved Growth & Community Development Services Community Planning & Development Date: July 15, 2016 To: PlanningAdvisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting ofTuesday,July 19, 2016 SUBJECT Applicant:Galbraith ConstructionLtd. Owner: Seacoast Motel Ltd. Location: 1435 Manawagonish Road PID: 55176549 PlanDesignation: Regional Retail Centre Existing Zoning: Corridor Commercial (CC) Proposed Zoning: Low-Rise Residential (RL) Application Type: Rezoning Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. The Committee recommendation will be considered by Common Council at a public hearing on Monday,August 8, 2016. Page 1 of 5 Galbraith ConstructionLtd.1435 Manawagonish RoadJuly 15, 2016 SUMMARY The applicant proposes to rezone the subject site from Corridor Commercial (CC) to Low-Rise Residential (RL) to allow for the development of atwo-unit and a three-unit townhouse dwelling with attached garages.The subject site is designated Regional Retail Centre, and these areas are not intended for residential development. However, the surrounding neighbourhood is primarily residential. Infill development on a vacant lot maximizesthe City’s investment in existing services.Additionally, the proposed density is an appropriate transition between the low-densityresidential areas to the east of the site and the more commercial areas to the west of the site.For these reasons, staff support the proposed rezoning. RECOMMENDATION That Common Council rezone a parcel of land with an area of approximately 3069 square metres, located at 1435 Manawagonish Road, also identified as PID 55176549from Corridor Commercial (CC) to Low-Rise Residential (RL). DECISION HISTORY On July 2, 2008, the Planning Advisory Committee approved a subdivision and variance application to reduce the minimum lot width from 24 metres to approximately 18 metres to permit the subdivision of the property into three serviced residential lots for a townhouse development.This development did not occur. ANALYSIS Proposal The applicant proposes to rezone the subject site from Corridor Commercial (CC) to Low-Rise Residential (RL) to allow for the developmentof a two-unit and a three-unit townhouse dwelling with attached garages. Site and Neighbourhood The subject site is located on the City’s west side on Manawagonish Road. A mix of residential and commercial uses characterizes the surrounding area, with established residential neighbourhoods located to the northeast of the site. The site is currently vacant and has an area of 3069 square metres. The rear portion of the site has a significant slope. To address the slope stability, Permitting and Inspection staff commented that, “a geotechnical report will be needed at the time of the building permit application.” Page 2 of 5 Galbraith ConstructionLtd.1435 Manawagonish RoadJuly 15, 2016 Municipal Planand Rezoning Thesubject site is designated Regional Retail Centre by the Municipal Plan. Regional Retail Centres are not intended for residential development, rather they are intended to “provide large format retail and service uses at a scale and range to serve the cityand regionalpopulation” (PlanSJ, pg. 39). However, a mix of residential and commercial usespresently characterizes the area,so the proposed townhouse developmentis considered appropriategiven the context. Furthermore, this proposal ensures the area will not compete with the City’s Primary Centres or the McAllister Regional Retail Centre – key Municipal Plan directives (PlanSJ, Policies LU-61 and LU-63). While this portion of Manawagonish Road is designated Regional Retail Centre, the surrounding area is both residential and commercial in character. The properties located to the northeast of the subject site are predominantly zoned residential and the properties on the other side of Manawagonish Road are designated Stable Residential. The Municipal Plan states, Recognize that the boundaries of land use designations, as shown on the Future Land Use map (Schedule B), are intended to be approximate, except where they coincide with roads or other clearly defined physical features. Where general compliance with Municipal Plan policies is maintained, minor adjustments to the boundaries of land use designations shall not require a Municipal Plan amendment(PlanSJ, Policy LU-3). As the proposal is in general compliance with Municipal Plan policies and the property is located in close proximity to an area designated Stable Residential, the proposal meets the criteria in Policy LU-3. The subject site is currently zoned Corridor Commercial (CC) and the applicant proposes to rezone the site to Low-Rise Residential (RL) to accommodate the proposed townhouse development. Staff support the proposed rezoning as it meets Municipal Plan goals.The proposed rezoning wouldenable infill development on a vacant site in an established neighbourhood. The proposed townhouse development will capitalize on the City’s investment in existing municipal water and wastewater services. Additionally, the density of the proposed townhouse development would be an appropriate transition between the low-density residential areas to the east of the site and the more commercial areas to the west of the site. Subdivision The applicant intends to submit an application to subdivide the subject site in accordance with the site plan submitted for this proposal. Conclusion Staff supportthe proposed rezoning of the subject site from Corridor Commercial (CC) to Low- Rise Residential (RL) to allowfor the developmentof a two-unit and a three-unit townhouse dwelling with attached garages.While the site is designated Regional Retail Centre,the Page 3 of 5 Galbraith ConstructionLtd.1435 Manawagonish RoadJuly 15, 2016 rezoning can be supported as the surrounding context is appropriate for residential development, it proposed townhouse development would be of an appropriate density,andit the proposal wouldallow for infill development along an existing street. ALTERNATIVESAND OTHER CONSIDERATIONS No alternatives were considered. 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 propertyonJune 24, 2016.The publichearing for the rezoning was advertised in the Telegraph-Journal onJuly 14, 2016. SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPl Planner Reviewed by: Approved by: Mark Reade, P.Eng., MCIP, RPPJacqueline Hamilton, MURP, MCIP, RPP Senior PlannerCommissioner Contact:Kristen Flood Phone: 506.658.4528 E-mail:kristen.flood@saintjohn.ca Project:16-127 Page 4 of 5 Galbraith ConstructionLtd.1435 Manawagonish RoadJuly 15, 2016 APPENDIX Map 1:Site Location Map 2:Municipal Plan Map3:Zoning Map 4:Aerial Photography Map 5:Site Photography Submission 1:Site Plan Submission 2: Floor Plan 1 Submission 3:Front Elevation 1 Submission 4:Rear Elevation 1 Submission 5:Floor Plan 2 Submission 6:Front Elevation 2 Submission 7:Rear Elevation 2 Page 5 of 5 O W H I T E H NL W H I T E H NL PLANNING ADVISORY COMMITTEE July 20, 2016 His Worship Mayor Mel Nortonand Members of Common Council Your Worship and Councillors: SUBJECT:Proposed Rezoning 1435 Manawagonish Road OnJune 27, 2016,Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at itsJuly 19, 2016meeting. Greg Renton, on behalf of Seacoast MotelLtd., appeared before theCommittee and expressed agreement with the Staff recommendation. No other persons appeared before the Committee. Two letters werereceived regarding the application. The Committee raised concerns regarding the stability of the slope located atthe rear of the subject site. Staff responded that a geotechnical report stamped by a professional engineer would be required with the building permit application to address the slope stability. After considering the report, letters,and comments, the Committee adopted the Staffrecommendation to rezone the property. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 3069 square metres, located at 1435 Manawagonish Road, also identified as PID 55176549 from Corridor Commercial (CC) to Low-Rise Residential (RL). Page 1of 2 Galbraith Construction Ltd. on behalf of Seacoast Motel Ltd.1435 Manawagonish RoadJuly 20, 2016 Respectfully submitted, Eric Falkjar Chair Attachments Page 2of 2 Econo LodgeInn& Suites 1441 Manawagonish Road Saint John, NB E2M 3X8 Tel: 506-635-8700 Fax: 506-672-8853 e-mail: econolodge-cn368@hotmail.com The City of Saint John Date July 15 2016 PO Box 1971 Saint John NB E2L 4L1 Att:Kristen Flood/MPI plannner Re;Proposed Rezoning -1436 Manawagonish Road Dear Ms.Flood, Thank you for the information contained in your letter of June 23, regarding lot located at 1435 Manawagonish Road, Saint John West. As you are aware this property is designated as Corridor Commercial (CC) and the proposal is to rezone it to Low-Rise Residential. I wish to state that I am not opposed to the development of this property; however, I do have concerns. Within 100 meters of this proposed development is my business, EconoLodge Hotel, several smaller hotels, a Funeral Service provider as well as a Service Station, Church and Shopping Mall. I am the owner of the EconoLodge Hotel, located next door to this proposed development. As a good corporate citizen of Saint John, I welcome development on this property. For the past ten years I have worked to develop a profitable family business. As previously stated I have no objection developing this property, but ğƓƚƷŷĻƩ ͼ Service tƩƚǝźķĻƩͼ would be certainly more welcome. Such a service development would be more in keeping with surrounding businesses. I am sure you can appreciate that a ĭƚƓǝĻƓźĻƓĭĻ ƭƷƚƩĻͲ ƩĻƭƷğǒƩğƓƷͲ ĭğŅĽͲ ƚƩ ƭźƒźƌğƩ ƭĻƩǝźĭĻ źƓķǒƭƷƩǤ Ǟƚǒƌķ ĭğƷĻƩ Ʒƚ ğ ǝğƩźĻƷǤ of customers. The Motel business is by nature quiet, however, there are times when, during winter months, truck engines start and warm up early in the morning before signing out, or in warm weather run refrigeration units to keep the cargo from spoiling. Furthermore, that should a fence be erected between our properties, that it not protrude all the way to the Road property, so as to block my hotel from view. And further, any fence built will have a finished side facing EconoLodge, and maximum setbacks .so as not only block customers from being able to see my hotels from distance and from the viewpoint of safety entering or leaving the hotel. Finally, if the above conditions above can not be met I would request that this application to re-designate or re-zone from "Commercial Corridor" (CC) to Low Rise Residential(LRR) be denied . Respectfully submitted; Yonghak (Bryan) Gi Owner/Manager O BY-LAW NUMBER C.P. 111- ARRÊTÉ N C.P. 111- A LAW TO AMEND THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN JOHN Be it enacted by The City of Saint Lors d'une réunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: décrété ce qui suit : The Zoning By-law of The City of L'arrêté de zonage de The City of Saint John enacted on the fifteenth day of Saint John, décrété le quinze (15) décembre December, A.D. 2014, is amended by: 2014, est modifié par : 1 Amending Schedule A, the Zoning 1 La modification de l'annexe A, Map of The City of Saint John, by re-Carte de zonage de The City of Saint John, zoning a parcel of land having an area of permettant de modifier la désignation pour approximately 3069 square metres, located at 1435 Manawagonish Road, also rés, située au identified as PID No. 55176549, from 1435, chemin Manawagonish, et portant le Corridor Commercial (CC) to Low-Rise NID 55176549, de zone commerciale de Residential (RL) corridor (CC) à zone résidentielle - all as shown on the plan attached hereto - toutes les modifications sont indiquées sur and forming part of this by-law. le plan ci-joint et font partie du présent arrêté. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed présent arrêté le 2016, avec les signatures to this by-law the * day of *, A.D. 2016 suivantes : and signed by: _______________________________________ Mayor/Maire ______________________________________ Common Clerk/Greffier communal First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - PLANNING ADVISORY COMMITTEE July 20, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT:Rezoning Application 80-120 McDonald Street On June 27, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 19, 2016 meeting. Joseph Driscoll, representing the applicant, appeared before the Committee and spoke in favour of staff recommendation. Mr. Driscoll noted that he was aware of a letter that was submitted by a member of the community expressing concerns with the proposed development. The letter stated that the existing amount of litter around the property was already high, and that the presence of a new Tim Horton’s coffee shop would add to this. Mr. Driscoll said that the property is well maintained with very little litter on it at any given time, but stated that he would have this situation monitored to ensure litter is picked up. The Committee asked Mr. Driscoll if his team felt that the vehicles leaving the proposed drive thru would cause any issues with vehicles coming into the site. Mr. Driscoll explained that they did not foresee this being an issue as there was enough space to maneuver onsite. If necessary, Mr. Driscoll noted that they could paint lines on the asphalt to help guide traffic flow. The Committee suggested that a crosswalk accessing the transit terminal and the East Side Library would make the area safer. Planning staff noted that this was reviewed with the City’s Traffic Engineer. The Committee also recommended that the applicant establish a row of landscaping along Loch Lomond Road to help increase the aesthetic appeal of the northern part of the property. The applicant stated that they would look into the option of landscaping this area. Page 1 of 2 Crombie Developments, Ltd. 80-120 McDonald Street July 20, 2016 After considering the report, comments made by the applicant, and the two letters submitted, the Committee approved the requested variance, and recommended approval for the proposed rezoning, subject to conditions outlined below. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 5215 square metres, located at 80-120 McDonald Street, also identified as being a portion of PID No. 00322891 from Business Park Commercial (CBP) to General Commercial (CG); 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 5215 square metres, located at 80-120 McDonald Street, also identified as being a portion of PID No. 00322891, be subject to the following conditions: a. That the development of the site occur in general accordance with an approved site plan, illustrating the location of all buildings, parking areas, landscaping, garbage disposal areas, drive aisles, and other pertinent site features; and, b. That the location of the main building be located toward the front property line, illustrated on the above site plan and subject to the approval of the Development Officer. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: July 15, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting ofTuesday,July 19, 2016 SUBJECT Applicant: Crombie Developments, Ltd. Owner: Crombie Developments, Ltd. Location: 80-120 McDonald Street PID: A portion of 00322891 Plan Designation: Business Centre Existing Zoning: Business Park Commercial (CBP) Proposed Zoning: General Commercial (CG) Application Type: Rezoningand Variance 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. The Committee recommendation will be considered by Common Council at a public hearing on Monday,August 8, 2016. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. Page 1 of 6 Joseph Driscoll 80-120 McDonald Street July 15, 2016 SUMMARY The applicant is seeking to rezone a portion of PID 00322891 to permit the development of a stand-alone -thru. The area subject to the rezoning application is located at the corner of Loch Lomond Road and McDonald Street on the Business Centre land use designation on Schedule areas. Staff recommend approval of the proposed rezoning, subject to a condition that requires the development of the site to be in accordance with a site plan that has been approved by the Development Officer. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 5215 square metres, located at 80-120 McDonald Street, also identified as being a portion of PID No. 00322891 from Business Park Commercial (CBP) to General Commercial (CG); 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 5215 square metres,located at 80- 120 McDonald Street, also identified as being a portion of PID No. 00322891, be subject to the following conditions: a. That the development of the site occur in general accordance with an approved site plan, illustrating the location of all buildings, parking areas, landscaping, garbage disposal areas, drive aisles, and other pertinent site features; and, b. That the location of the main building be located toward the front property line, illustrated on the above site plan and subject to the approval of the Development Officer. 3. That the Planning Advisory Committee approve a variance to permit the proposed queuing space to be located between an access and a building on a lot or between a parking lot and building entrance that interferes with pedestrian movement. DECISION HISTORY In May of 1999, Common Council rezoned the Loch Lomond Mall property to "SC -2" Shopping Centre subject to several conditions pursuant to Section 39 of the Community Planning Act that dealt with the establishment of a beverage room, club or lounge. Subsequently, in July of 2002, Council amended the conditions to allow a second facility to have a beverage room, club or lounge license on the Loch Lomond Mall property. The amendment was adopted in order to permit another restaurant in the mall (Yorgo's) to have a secondary lounge area in conjunction with the main dining area. Page 2 of 6 Joseph Driscoll 80-120 McDonald Street July 15, 2016 ANALYSIS Proposal The applicant is seeking to rezone a portion of an existing property at the above address. If approved, the which would be accessed from McDonald Street, as generally illustrated on the attached site plan. The site would have an area of approximately 5200 square metres, located at the corner The site currently forms a small portion of the parking area associated with the call centre and businesses located in the Loch Lomond Place building. The proposed establishment would be astand-alone located approximately 16 metres from the property line (see attached site plan). The site plan illustrates enough off-street parking spaces to accommodate up to 19 vehicles, as well as a queuing area for the drive-thru for more than 14 vehicles, which satisfies the minimum requirements for queuing spaces in the Zoning By-law. The design of the queuing area appears to intersect the traveling path for pedestrians accessing the restaurant from the rear parking area. This requires a variance from the standards of the Zoning By-law as it located between an access and building on a lot or between a parking lot and building entrance Site and Neighbourhood The subject site is located in East Saint John at the intersection of Loch Lomond Road and McDonald Streets. The surrounding area also includes Simonds Middle School, Loch Lomond Villa, and a variety of individual commercial uses at or near the intersection of Loch Lomond Road and McDonald Street. Established residential neighbourhoods are located to the north, west and south of the subject site. To the east and southeast is the edge of a major industrial area extending to the Irving Oil refinery and southward towards Grandview Avenue. Loch Lomond Place is a large building extending along the west side of McDonald Street, from Loch Lomond Road to Park Avenue. The total gross leasable area of the mall is over 230,000 square feet. Over the past number of years the proportion of the building devoted to traditional retail sales and services has declined, with a corresponding increase in office space. Municipal Plan and Rezoning The subject site is located in the Business Centre land use designation on Schedule B of the Primary Centres that have significant employment located in one area that typically relate to light industrial or commercial enterprises subject site is in keeping with the intentions of the Municipal Plan as it adds to the existing Page 3 of 6 Joseph Driscoll 80-120 McDonald Street July 15, 2016 cluster of businesseswill occupy a highly visible position at the corner of the property, which is currently a vacant portion of the lot. The establishment of a restaurant with an associated drive-thru lane is not a permitted use in the Business Park Commercial (CBP) zone. As such, the applicant is seeking a rezoning to General Commercial (CG), which permits the desired use. The area near the intersection of McDonald Street and Loch Lomond Road contains two properties that are located in the General Commercial (CG) zone, which provides the context to contemplate a commercial land use at the subject site. In addition, the establishment of a commercial business is currently permitted in the existing zoning, with the exception of a restaurant with a drive-thru, which triggers the need for the proposed rezoning. Staff recommend approval of the proposed rezoning as the subject site is well situated for the proposed use. It is recommended that approval of the rezoning be subject to a condition that relates to the development of the site (discussed below). Variances The original site plan submitted by the applicant illustrated toward the rear of the site, with a large parking area in front of the building, and a drive-thru lane that abutted the northern property line. Staff expressed concern to the applicant regarding the placement of a building to the rear ofa lot with the parking located between the street and the front of the building as it is not a design feature that reflects best practices. Staff encouraged the applicant to revise the site plan and locate the building closer to the McDonald Street property line as a mechanism to promote greater interaction with the street and enhance the built form of the community.Indeed, Policy UD-9(n) of the Municipal Plan developments. The applicant has submitted a revised site plan (attached) that illustrates the proposed building at an approximate 16 metre setback from the McDonald Street property line, which is a notable improvement from the original plan. The applicant has also indicated that the revised plan will enable the company to integrate the existing landscaping features into the proposed patio space. Staff recommend that approval of the rezoning for the site be subject to the condition that the development of the site occur in accordance with a site plan approved by the Development Officer that illustrates the placement of all buildings, landscaping, parking and drive-thru areas. Staff also recommend approval of the proposed variance. Conclusion The applicant is seeking to construct a stand- Loch Lomond Place property, which requires a rezoning to General Commercial (CG). The proposed development is in keeping with the direction offered by the Municipal Plan, and can be supported by staff. Approval is recommended, subject to a condition that requires the applicant Page 4 of 6 Joseph Driscoll 80-120 McDonald Street July 15, 2016 to submit a revised site plan illustrating the location of the building close to the McDonald Street right-of-way, subject to the approval of the Development Officer. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordof Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on July 8, 2016.The public hearing for the rezoning was advertised in the Telegraph-Journal on July 7, 2016. SIGNATURES AND CONTACT Prepared by: Reviewed By:Approved by: Jody Kliffer, MCIP, RPPMark Reade, P.Eng., Jacqueline Hamilton, MURP, PlannerMCIP, RPPMCIP, RPP Senior PlannerCommissioner Contact: Jody Kliffer Phone: 506.632.6846 E-mail: jody.kliffer@saintjohn.ca Project: 16-144 Page 5 of 6 Joseph Driscoll 80-120 McDonald Street July 15, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Original Site Plan Submission 2: Revised Site Plan Submission 3: Rendering Page 6 of 6 FFIT S YNA T N N A T A Y N T S E N A R R JAM-5-75 JAM-5-75 JAM-5-75 JAM-5-75 TH_22 Plan JAM-5-75 JAM-5-75 Drive-thu support contingent on the installation of additional crosswalks While the staff of the East Branch Library welcome the building of a Tim Horton’s, with a drive- thru at the corner of Loch Lomond Rd. and McDonald St., the safety of walkers to the library is paramount. With that in mind, our support is contingent on the addition of two designated crosswalks, with appropriate signal lights, to help ensure the safe journey of pedestrians enroute to East Branch Library. Firstly, we request that a crosswalk be installed, on McDonald St., at the foot of the driveway entrance to the transit building to help to ensure the safety of the pedestrians coming to the East Branch Library. A crosswalk here would be invaluable for the students of Bayview School, those coming from the Villa and other walkers headed to the library. Indeed, on Friday, June th , a seven year old boy asked if the library could get a crosswalk outside the transit building 24 so he could safely cross the street to the library. Secondly, we request the addition of a second crosswalk and signal light at the intersection of Loch Lomond Rd. and McDonald St., for the safety of the people walking to the library from Rockcliffe or St. Anne St. Presently, there is a cross walk and signal lights so that a pedestrian can walk across Loch Lomond Rd. to get to the side of Loch Lomond Mall. It is then necessary to cross McDonald St. to get to the library side. Being able to cross directly on the side of the library would permit and encourage the safe crossing of these busy roads, which are sure to become even busier with the addition of a Tim Horton’s drive–thru. The number of people entering the library since it opened at the transit building on March 1, 2016 has significantly increased, when compared to the same period last year, at the former location. During the months of March, April, May and June a total of 30,918 people have come to East Branch compared to 24,260 during the same months in 2015. Although we do not know how many of these people walk to the library, there is a significant number of pedestrians, including those who use the transit system to get to the library. On an average day, more than 250 people enter the East Branch. For the safety of the patrons of East Branch Library, we request the two crosswalks, described above. Once the safety of our patrons is assured, we would offer our support of the Tim Horton’s drive-thru at the corner of Loch Lomond Rd. and McDonald St. Please contact the undersigned if you have any questions or need more information. Emily King, Library Manager Joann Hamilton-Barry, City Librarian Tel.: 643-2901 Tel.: 643-7770 Email:Emily.King@gnb.ca Email: Joann.Hamilton-Barry@gnb.ca C ANADA'S F IRST F REE P UBLIC L IBRARY E STABLISHEDIN 1883|L A P w9aL:w9 B L.\[LhI:v…9 P UBLIQUE G RATUITEAU C ANADA F hb5;9EN 1883 1M ARKET S QUARE,S AINT J OHN,NBE2L4Z6T:5066437236F:5066437225 SJFPL @ GNB.CAWWW.SAINTJOHNLIBRARY.CA Reade, Mark From:External - Planning Sent:July-19-16 8:50 AM To:Reade, Mark Subject:FW: rezoning application Ï 80 -120 McDonald Street Infotoaddtoreport? PaulaHawkins CityofSaintJohn OneStopDevelopmentShop 15MarketSquare th 10FloorΑCityHall SaintJohn,NB (506)6582911 paula.hawkins@saintjohn.ca From: Burns Mann, Heather (HorizonNB) \[mailto:Heather.BurnsMann@HorizonNB.ca\] Sent: July-19-16 8:02 AM To: External - Planning Subject: rezoning application – 80 -120 McDonald Street Hello, ThankyouforyourletteradvisingoftherezoningapplicationΑ80120McDonaldStreet.Thankyoualsotothe Committeeforbeinginterestedinhearingtheviewsoftheneighbouringpropertyownerswhowillbeaffectedbythis proposal.WhileIamuncertaintowhatextenttheCommitteeisabletoassistwithanyofmy/ourconcerns,Iwould hateformy/ourvoicenottobeheardandtherebeanassumptionthatsilenceequalsacceptanceofthisnewproposal asthiswouldnotbethecase.Iresideat174CourtenayAvewhichwouldbetheclosestpropertyonmystreettothe LochLomondMall(LLMall). Ihaveafewconcerns: Litter:CurrentlythetopoftheCourtenayAveisconstantlylitteredwithdebrisfromtheLLMall.Itdoesnot tenance/groundscrewhaveeverbebytocleanupthemessmadebytheLLMallandtheir appearthattheLLMallmain clients.Theresultisourstreet,theschool,andmypropertyarelitteredwithgarbage.Havinganewbuildingwillresult inincreasedgarbage(andifyoulookatanyTimIƚƩƷƚƓ͸ƭdrivethrough,theyhavemorelitterthananyotherdrive throughIhaveseen).Thisfacilitywhichwillbeontopofthehill,withusbelowit,willincreasethegarbageonour properties,street,andschool.Itwouldbeniceifthepropertymanagementcouldpromiseroutinegarbagepickup. Additionalbuildings:Onceafacilityhasproventobefinanciallysuccessful(andƌĻƷ͸ƭbehonesttheywouldnot bebuildingandrezoningiftheydidnotthinkthiswouldbethecase),moreestablishmentswilllikelywanttobuildnear aprofitableestablishmentwithlotsofparking.Isthereothercompaniesthathaveexpressedinterestinbuildinginthis newarea?Thiswillresultincreasedtraffic. 1 Removaloftrees/PollutionΑIpurchasedmypropertybecauseitfeltlikeͻĭƚǒƓƷƩǤlivingintheĭźƷǤͼ͵Thereisa beautifultreedareawhichishometomuchwildlifeincludingafamilyofdeer.Iwouldobjecttoremovaloftreesorany negativeenvironmentalimpactontheanimals.Also,everyoneofourneighbourshas12dogsandmostwithchildren too.Whatisthenegativeenvironmentalimpact(increasedtraffic,garbage,pollutionfromconstruction,etc.)?The buildingofthenewTimIƚƩƷƚƓ͸ƭwillalsohavenoisepollutionandmostofthepropertyownersworkshiftworkatthe Hospital. IncreasedflowoftrafficΑCourtenayAveisastreetwhichhas2schoolsand2differentschoolzones.Currently therearenoreducedspeedsignsadvisingofsuch(althoughLLRoadandBaysidehavereductionofspeedsignsforthe sameschoolzones).CourtenayAvehasaturnattheverytop,justbeforewhatwillbeanentrancetotheLLMalland thenewproposedTimIƚƩƷƚƓ͸ƭ͵SpeedduringaͻĬƌźƓķͼturnonaschoolzoneisofconcern. Again,IamuncertainastothescopeoftheCommitteebutIfeelinclinedtoadviseofmyconcernsasvoicesthatdonot nginagreement;Ihaveconcerns. speakupareusuallyviewedasbei Thankyoufortakingthetimetohearmyconcernsandforpresentingthem. Heather L. Burns Mann, BA, BSW, RSW Clinical Social Worker Horizon Health Network/Reseau de sante Horizon Area 2 Saint John Regional Hospital/Hospital Regional de Saint John P.O. Box/C.P. 2100 Saint John NB, E2L 4L2 Tel.: 506-648-7372 Fa/Telec.:506-648-6098 Heather.BurnsMann@HorizonNB.ca E-MAIL CONFIDENTIALITY CLAUSE This e-mail and the information contained in it is confidential, may be privileged and is intended for the exclusive use of the addressee(s). Any other person is strictly prohibited from using, disclosing, distributing or reproducing it. If you have received this communication in error, please reply by e-mail to the sender and delete or destroy all copies of this message. CLAUSE DE CONFIDENTIALITÉ POUR LES ENVOIS PAR COURRIEL Le présent courriel et les renseignements qu'il contient sont confidentiels, peuvent être protégés par le secret professionnel et sont à l'usage exclusif du (des) destinataire(s) susmentionné(s). Toute autre personne est par les présentes avisée qu'il lui est strictement interdit d'en faire l'utilisation, la diffusion, la distribution ou la reproduction. Si cette transmission vous est arrivée par erreur, veuillez en aviser immédiatement l'expéditeur par courriel, puis effacer ou détruire toutes les copies du présent message. ------- Horizon Health Network Disclaimer ------- This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this e-mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this 2 e-mail in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is appreciated. 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Nous sommes reconnaissants de votre collaboration. 3 O BY-LAW NUMBER C.P. 111- ARRÊTÉ N C.P. 111- A LAW TO AMEND THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN JOHN Be it enacted by The City of Saint Lors d'une réunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: décrété ce qui suit : The Zoning By-law of The City of L'arrêté de zonage de The City of Saint John enacted on the fifteenth day of Saint John, décrété le quinze (15) décembre December, A.D. 2014, is amended by: 2014, est modifié par : 1 Amending Schedule A, the Zoning 1 La modification de l'annexe A, Map of The City of Saint John, by re-Carte de zonage de The City of Saint John, zoning a parcel of land having an area of permettant de modifier la désignation pour approximately 5215 square metres, located at 80-120 McDonald Street, also identified on 5215 mètres carrés, située au 80- as a portion of PID No. 00322891, from 120, rue McDonald, et étant une partie du Business Park Commercial (CBP) to NID 00322891, de zone commerciale General Commercial (CG). générale (CG). - all as shown on the plan attached hereto - toutes les modifications sont indiquées sur and forming part of this by-law. le plan ci-joint et font partie du présent arrêté. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed présent arrêté le 2016, avec les signatures to this by-law the * day of *, A.D. 2016 suivantes: and signed by: _______________________________________ Mayor/Maire ______________________________________ Common Clerk/Greffier communal First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - COUNCIL REPORT M&C No. 2016-211 Report Date August 04, 2016 Meeting Date August 08, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supplementary report to Council on the removal of 100 Watson Street from the Saint John Heritage Conservation Areas By-law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Alice Fudge Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council receive and file this report on the meeting involving Heritage staff and the owners of 100 Watson Street concerning the issues raised at the July 25, 2016 public hearing. EXECUTIVE SUMMARY The owners of 100 Watson Street, located in the King Street West Heritage Conservation Area, made a request to the Heritage Development Board and to Common Council to remove the Heritage designation for the property. This th request was heard by Common Council at the public hearing on July 25 2016. Council tabled the request to enable Heritage staff and the owners to meet to attempt resolution on the issues raised during the hearing regarding the Heritage designation of their property. The two parties discussed specific maintenance projects proposed for the building and options available to the owners under the heritage designation. There was discussion on perceived barriers involved with the maintenance of a heritage property which provided some clarity to the owners. A resolution between both parties was not achieved during the meeting, however the concerns of the owners were addressed and the Heritage - 2 - Development Board and staff has been made aware of heritage matters that require improvement. PREVIOUS RESOLUTION At a public hearing on July 25, 2016, Common Council considered a request from the owners of 100 Watson Street to remove from Heritage designation and passed the following resolution: that the matter entitled Heritage By-Law Amendment - 100 Watson Street be tabled for two weeks to allow staff to meet with the STRATEGIC ALIGNMENT The Heritage program aligns REPORT Follow-up Actions bring resolution to issues raised by Council and the applicant at the July 25, 2016 public hearing to consider removal of 100 Watson Street from the King Street West Heritage District: July 27, 2016 Meeting: on July 27, 2016 a meeting was held between the owners of 100 Watson Street and staff. The meeting was chaired by Commissioner of Growth and Community Development, Jacqueline Hamilton and in attendance were Deputy Commissioner Amy Poffenroth, person of the Heritage Development Board (HDB) Bob Boyce, Councilor Gerry Lowe, building owners Carla Humphrey and David McCashion, and a contractor representing the owners. The meeting focused on providing clarification of the issues and questions that were raised during the public hearing regarding the specific scope of work proposed for the building and the applicable standards of the Heritage By-law. July 26, 2016 Site Visit: In preparation for the meeting discussion, the th heritage officer and the HDB chairman visited the building on July 26 to further assess the condition of the building. Carla Humphrey, owner, was on site and provided information about planned maintenance to the building and its significance in the area as built heritage of the West side. - 3 - previously been onsite with the applicants and in an effort to proactively review with them options for their property at the time that they purchased the property. HDB Board update: On July 27, 2016 at a regularly scheduled Board meeting, Bob Boyce gave the HDB a verbal update of the proceedings at the Council Public Hearing concerning 100 Watson Street and the Board discussed perceptions and concerns raised about facets of the Heritage Program and perceived barriers in the heritage approvals process. Summary of Key Discussion Points of Meeting During the meeting, the owners had the opportunity to voice their concerns and intentions for the building. Staff and the Board chair also had the opportunity to clarify many issues and concerns raised by the applicant. It is apparent that the source of many of the frustrations and issues raised by the owners has been heightened by the misunderstanding of the Heritage Program as well as perceived barriers associated with owning and maintaining a building in the Heritage Conservation Area. These points were addressed in the meeting: Planned scope of work: The proposed scope of work was the focus of the discussion, with the applicant confirming short term plans for the building including the following three components: 1. the installation of commercial signs for the business with the applicant sharing an alternate sign design than was approved by the Heritage Board; 2. the installation of new entrance doors; and 3. the restoration of the clock tower. Costs of work: The applicant raised concerns with the high cost of work in the heritage area and shared that quotes had been provided to them for planned work to their building and for insurance, with contractors indicating higher costs for work to their property because it was designated as heritage. Heritage Bylaw standards for Heritage conservation: The applicant expressed concerns about the requirement to use specific contractors or suppliers (e.g. paint) and the inability to use modern materials in renovation projects (installation of heat pumps and roofing). Heritage approval processes: The applicants discussed concerns with the timeframe required for approval of work in the heritage area and the ability to undertake emergency or planned maintenance work quickly without requiring Heritage Board approval. Heritage Grants Program: The meeting provided at opportunity to further share information on the benefits of heritage designation and the - 4 - opportunity to access grants to offset costs related to heritage conservation work. Reputation of Heritage Program: raised concerns about the reputation of the Heritage Board and staff as being overly restrictive and a deterrent for investment in the designated Heritage areas. Staff Response and Clarification Through discussion staff was able to clarify a number of points for the benefit of the applicants Planned scope of work: Staff and the Board chair had an opportunity to provide preliminary feedback on the proposed scope of work to building and confirm that there are options for the applicant to move forward with their plans with respect to signage, door installation and renovations to the clock tower as proposed within the scope of the Heritage Conservation standards. While staff has limited discretion, the Board has some flexibility in applying these standards considering the context of the site. Staff encouraged the applicant to make application to the Board as soon as possible for this proposed work. Costs of work: Staff share concerns about the potential for increased costs in the heritage areas and the potential impact on efforts and are committed to further investigation of this issue with the applicant and the Heritage Board. While copies of the quotes were not provided to staff to verify the specific details, this issue has been shared with the Heritage Board and there is a commitment to further investigate this issue at a staff and Board level to assess and offer further assistance to remedy this situation for the applicant and for property owners in the heritage districts. Due diligence by property owners is also encouraged through such means as seeking reputable contractors, obtaining competitive bids and understanding other external factors that contribute to higher costs, e.g, factors such age and condition of buildings, location, and proposed use, that are separate and apart from the Heritage designation. Heritage Bylaw standards for Heritage conservation: HDB chairman, Bob Boyce, explained that the intent of the By-law is ultimately to encourage the conservation of heritage buildings through proper maintenance using traditional materials and detailing. The HDB does not regulate things like brands of materials, material suppliers, or specific contractors for executing the permitted work. It was made clear that - 5 - modern materials like typical asphalt roofing shingles, metal flashing, galvanized nails, etc., even the installation of modern heating systems (heat pump) are all acceptable for use on a heritage building. The group agreed that the standard repair for wood shingled wall is tar paper (weather barrier) with eastern cedar shingles primed and painted, and that this method is traditional and acceptable for the repair of a heritage building, equivalent to the repair of any wood shingled wall. Staff offered to review any quotes the owners received for the repair of the wood clock tower; however none were provided. Heritage approval processes: The HDB meets on a bi-weekly schedule to be accessible for homeowners and contractors during the course of a project, plus in the case of an emergency, the Board and heritage staff can accommodate projects in a timely manner. The HDB is looking forward to upcoming changes to procedures which will facilitate quicker turnaround times for routine maintenance; some routine maintenance can be done without applying for a Heritage Permit. There are no application fees for Heritage Permits and heritage property owners have access to conservation advice from staff. Heritage Grants Program: only to heritage property owners, is in place to provide financial assistance to owners who undertake conservation projects. Grant amounts are based on project costs at either 25% or 45% return with a maximum of $7,500.00 per year. Some of the planned scope of work proposed by the applicant would qualify for consideration under the Reputation of Heritage Program: The Heritage Development Board is aware of some negative public perceptions and misconceptions demonstrated increased flexibility in applying the standards of the By- law, the Board is working toward improvements to the By-law and the process and will also explore ways to bring greater awareness of the Heritage Program to the community. Moving Forward Despite establishing some common grounds during the meeting, a resolution between both parties was not achieved, although, both groups now have a concerns. Staff was able to clarify additional options available to the applicant under the heritage designation, such as applying for a heritage permit for the proposed work. Owners were advised of - 6 - the option of immediately undertaking some routine maintenance work such as painting and minor repair to windows. Council should also be advised of the significant support the City has in facilitating their development plans for the property. At the time of purchase in 2015, the Heritage Officer reached out to the owners and provided all of the Heritage Program information handouts during a visit to the site. The Heritage Officer has had several conversations with the applicants about planned work for the building at 100 Watson Street and has accepted one application for commercial signage, which was approved by the HDB. Staff also guided the owners through the Planning process of rezoning their property and was in support of the change of use from institutional to commercial zone in a initiative and heritage conservation projects. Council should also note that although there is precedent for removal of properties from the Heritage area, it has been a rare occurrence and only context on previous decisions includes: In January 2013, Council approved an amendment to the By-law to remove the property at 12-14 Bentley Street from the Douglas Avenue Heritage Conservation Area; The HDB recommended approval. In February 2014, Council approved an amendment to the By-law to remove the property at 183 Duke Street West, the St Georges Rectory building (adjacent to the subject property), from the King Street West Heritage Conservation Area; The HDB recommended approval. This decision was based on the lack of character defining elements in the adjacent rectory building which is not the case for the current proposal. In February 2014, Council denied an amendment to the By-law to remove the subject - Anglican Church, from the King Street West Heritage Conservation Area; The HDB recommended denial. Conclusion A property included in the Heritage Conservation Areas By-law is subject to the best tools to ensure retention of the building and to conserve character defining elements. Without Heritage designation, this building would be subject to any - 7 - significant alterations, and would have zero protection against demolition. The King Street West Heritage Area would lose its cornerstone without 100 Watson Street, the most significant building included in the small heritage area. While, there are other planning tools that could be implemented to control the design and appearance of the building going forward, these are not aimed at conservation of a heritage resource, and are most effective when implemented on a neighbourhood or district basis. The Heritage By-law proves its value over time by managing sustainable growth in the city that draws from the authenticity of its architectural past. The are not only resources for our community today to understand its rich history and culture; they provide legacy for the future communities. Having a cohesive collection of historic buildings in a designated area is a unique draw for tourism and is a tool for economic growth as evidenced by the continued assessment growth in the districts. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Heritage Development Board recommended denial of this request and the letter to Council from the Chairperson is attached. ATTACHMENTS Letter to Council from Heritage Development Board Chairman, Bob Boyce Letter to Council from owner of 100 Watson Street, David McCashion M&C No. 2016-187 Proposed amendment of Heritage By-law HC-1 King Street West Heritage Conservation Area map Robert L. Boyce, Architect July 19, 2016 Your Worship and Members of Common Council Re: Heritage Designation of 100 Watson St., West Saint John (former St It is apparent that members of the public and the owners of this property are misinformed regarding The creation of each of the Heritage areas followed a lengthy process of public consultation in response to a request from property owners in the designated area. The creation of a Heritage Conservation Area provides for security of investment in heritage properties, and has generally resulted in increased property values while serving to maintain the heritage c attracts residents and visitors. The regulations only apply to the exterior of the buildings. Interior work is not reviewed by the Heritage Board or staff. other applicable City regulations. If a property owner wishes to undertake repair, maintenance or restorative work, the Heritage Guidelines apply and are intended to guide property owners in doing work that respects the defining heritage characteristics of the building. The guidelines are intended to be practical, using traditional materials and methods that have proven to be appropriate for the maintenance of our built heritage. or suppliers that a property owner is obliged to employ. provided by the Board references a particular brand of paint as a useful guide, but there is no requirement to use that brand. Robert L. Boyce, B.Arch AANB 77 Germain St Saint John, N.B. E2L 2E8 Cell 506-639-5293 Email: robertboyce@rogers.com The Heritage Board and staff are open to consultation and discussion with property owners to consider alternatives, and try to do so in a timely fashion so that work may proceed. The Board meets every two weeks to speed up the process of review and approval. Unfortunately misinformation can discourage potential future investment in rich stock of heritage properties. The Heritage Conservation program, as legislated by the Province and by Common Council, is intended to ensure that the rich heritage character of our community is maintained for the benefit of future generations, through a mixture of careful stewardship by property owners, and protection by public legislation. It would be unfortunate if the future of this important Heritage Building were jeopardized by a decision by this Council to remove it from designation. It is the expressed wish of good intentions did not outlast their ownership of the building. Yours truly, Robert L. Boyce, B.Arch., AANB Chair, Saint John Heritage Development Board. COUNCIL REPORT M&C No. 2016-187 Report Date July 05, 2016 Meeting Date July 11, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Setting of Public Hearing Date Re: Proposed Heritage Conservation Areas By-law Amendment: removal of 100 Watson Street, PID 00361535, from the King Street West Heritage Conservation Area. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Alice Fudge Amy Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council schedule a public hearing date of Monday July 25th, 2016 at 6:30 p.m. in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By-Law, which would remove the church building at 100 Watson Street, PID 00361535 from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard. EXECUTIVE SUMMARY The owners of 100 Watson Street, located in the King Street West Heritage Conservation Area, have made a request to the Heritage Development Board and to Common Council to remove the Heritage designation for the property. This request, if approved by Common Council, involves consideration of an amendment to the Saint John Heritage Conservation Areas By-law HC-1 at a public hearing of Common Council. This request was discussed by the Heritage Development Board on April 20, 2016. After careful consideration of the heritage significance of the building, the staff report and recommendation and upon hearing from the applicant, the Board recommendation to Council is to deny the request. - 2 - Staff is recommending that Common Council set a public hearing date of July 25, PREVIOUS RESOLUTION On February 3, 2014 Common Council considered a request from a previous owner to remove 100 Watson Street from Heritage designation and passed the following resolution: Street from the King Street West Heritage Cons STRATEGIC ALIGNMENT REPORT BACKGROUND The building at 100 Watson Street, long and rich history in Saint John. The building and property is included in the King Street West Heritage Conservation Area, established in the Heritage By-law in October, 2007. The church grounds border King Street West, Watson and Duke Streets, and is adjacent to King Square West. Up until 2015, it was the oldest church in continuous use in Saint John. The pular Georgian style with its main entrance facing King Street West. By 1840, the central tower was added along with other expansions. The mechanical clock was gifted to the church from the post office building (torn down in 1932) on Union Street West; this clock is the only mechanical clock remaining in Saint John, as others have been converted to electric. See Appendix D for more detail. DISCUSSION individuals who saw the potential for a new use for this building which has been cherished by the community for generations. The site was rezoned in 2015 from Neighbourhood Community Facility (CFN) to General Commercial (CG) to allow for commercial use. The new owners opened two new businesses in the building, a restaurant and wedding chapel. th On October 28, 2015, the owners of 100 Watson Street applied for a Heritage Permit to install two wood signs above the entrances to the new businesses. The Heritage Development Board \[HDB\] approved this application and Heritage Staff advised that it would be eligible for a Heritage Grant. - 3 - st On March 21, 2016, Mr. David McCashion, one of the owners of 100 Watson Our intention is to restore the property. We feel that the Heritage status creates burden in accomplishing this goal heritage status where it was then referred to the HDB for a recommendation. th Staff prepared a report for the HDB on the matter for the meeting of April 20, 2016. The report outlined the significance of the church building, the application history with the HDB and the process for amending the Heritage By-law. Mr. McCashion attended the meeting and contributed to discussion on the matter. He explained that there are four partners that currently own the property at 100 Watson Street and that while it is their intention to restore the building they feel that the Heritage status creates burden in accomplishing this goal. Board members questioned the applicant on the types of projects he would be proposing, to which Mr. McCashion explained they wish to repair some of the wood shingles, replace the roof, remove the vinyl siding to install wood siding, and repair/maintain the clock tower. Board members reassured Mr. McCashion that all of these projects would be encouraged by the Heritage Standards and Guidelines and would be eligible for funding through the Heritage Grant Program should he wish to apply. Mr. McCashion explained that he did not want to receive government assistance from the Grant program and felt that they could complete the projects much cheaper than if they were not bound by the Heritage By-law. The Heritage Officer and Board members clarified some misunderstandings about the Heritage Program and held further discussion with the applicant, including the opportunity for their planned projects to receive Heritage Grant funding in the future. But following the conversation, Mr. McCashion thanked the Board for their comments and reiterated that he and his partners felt it was in the best interest of their business that they have the property removed from the Heritage Conservation Area. The staff recommendation was to deny the request for removal based on the architectural and cultural significance of landmark of West Saint John and to ensure its presence in the King Street West Heritage Conservation Area for future generations. Staff and the HDB had further discussion on recommending denial for the reason that the same request had come forward two years prior from a not-for-profit organization (Anglican Church) and was denied; the current request involves the same circumstances, th however it is now a private business. At its meeting of April 20, 2016, the HDB resolved the following: Moved by Patrick McCaffrey, Seconded by Elizabeth McGahan recommend denial to Common Council for the removal of 100 Watson Street from the King Street West Heritage Conservation Area; - 4 - It is important to note that in February 2014, Common Council and the Heritage Development Board considered the same request for removal of this property from the King Street West Heritage Conservation Area. The former building St. Jud submitted a letter to the HDB requesting that the church be removed from th Heritage designation. In the letter and at the HDB meeting of August 7, 2013, the applicant outlined the reasons for this request and explained that, at the time, it was likely that the church will have to close in the next two to three years because of financial hardship. The Board held a lengthy discussion regarding the importance of the church building remaining within the West Saint They expressed the concern that removing this building from the Heritage Area would exclude it from the protection provided by the Saint John Heritage Conservation Areas By-Law and therefore opening the potential for demolition as there is always the potential for a new owner to purchase the building and use the Heritage Grant Program to assist in maintaining and restoring the building. A perceived hardship cannot be entertained for grounds of non- th compliance with a City By-law. At the meeting of August 7, 2013, the Heritage Development Board adopted the following resolution: 100 Watson Street from the King Street West Heritage Conservation Area stnd At the public hearing of February 3, 2014, Common Council denied 1 and 2 reading for the removal of 100 Watson Street, taking into consideration the RESOLVED that Common Council deny the request to remove 100 Watson Street from the King Street West Heritage Conservation Area. If Council chooses to proceed with this request for the removal of 100 Watson Street from the Heritage Conservation Area, the process requires an amendment to the Saint John Conservation Areas By-Law HC-1. The process to consider such an amendment, as set out in the Heritage Conservation Act, begins by Council st setting an advertised Public Hearing date at Common Council at which point 1 ndrd and 2 readings can be considered. At a subsequent Council meeting, the 3 final reading can be considered. The intent of the Heritage Conservation Areas By-Law is ultimately to encourage the conservation of heritage properties through proper maintenance. The Heritage Development Board has demonstrated openness to certain contemporary materials for maintenance projects, and has supported many - 5 - fitting new developments in the Heritage Area. The Heritage Grant Program is in place for financial assistance to owners who undertake conservation projects. The Board has seen great success with the uptake and positive outcomes that result from the Heritage Grant Program. It was recommended that the current owners of 100 Watson Street take advantage of this funding opportunity for the exterior work intended for the building. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Heritage Development Board has recommended denial of the request. ATTACHMENTS Appendix A - Letter from David McCashion submitted to Common Council March st 21, 2016 Appendix B - Aerial Photo of 100 Watson Street Appendix C - Map of King Street West Heritage Conservation Area Appendix D - Detailed information on St. Street O BY-LAW NUMBER HC-1ARRÊTÉ NHC-1 A LAW TO AMEND ARRÊTÉ MODIFIANT L’ARRÊTÉ THE SAINT JOHNHERITAGE CONCERNANT LES AIRES DE CONSERVATION AREAS BY-LAWCONSERVATION DU PATRIMOINE DE SAINT JOHN Be it enacted by The City of Saint Lors d'une réunion du conseil John in Common Council convened, as communal, The City of Saint John a follows:décrété ce qui suit: The Saint John Heritage L'arrêté concernant lesaires de Conservation Areas By-law, enacted on the conservation du patrimoine deSaint John, ninth day of October, A.D. 2007, is décrété le neuf (9) octobre 2007, est amended by:modifiépar: 1Amending paragraph 2(1)(g) and 1La modification du paragraphe Schedule “G”, King Street WestHeritage 2(1)(g) et de l'annexe «G», Aire de Conservation Area, by removingfrom the conservation du patrimoine de la rue King heritage conservation area a parcel of land Ouest,par la suppression d’une parcelle de having an area of approximately 1960terrain d’une superficie d’environ 1 960 square metres, including buildings and mètres carrés,comprenant les bâtiments et structures thereon, located at 100 Watson les constructions là-dessus, située au 100, Street, also identified as being PID No.rue Watson, et portant leNID 00361535. 00361535. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed présent arrêté le 2016, to this by-law the * day of *, A.D. 2016avec les signatures suivantes: and signed by: _______________________________________ Mayor/Maire ______________________________________ Common Clerk/Greffiercommunal First Reading-Première lecture- Second Reading-Deuxième lecture- Third Reading-Troisième lecture- COUNCIL REPORT 2016-206 M&C No. Report Date July 28, 2016 Meeting Date August 08, 2016 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Policy Instruments Framework for the City of Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Jonathan Taylor and Neil Jacobsen Jeff Trail Peter Morgan RECOMMENDATION It is recommended that Common Council adopt a Policy Instruments Framework (Appendix I), as a common methodology for the development, approval, storage, communication and review of diligence, to reflect the Service Principles of Advance S J, and to support the development of Open Government. EXECUTIVE SUMMARY The proposed Policy Instruments Framework, comprising Policy Statements, Policies, Directives, Guidelines, Procedures, and Best Practices, is a set of high-level processes that, once adopted, will inform every aspect of our service with clarity, consistency, transparency, and accountability. Over the years, policy development within our organization has proceeded within business units in the absence of an overarching corporate framework. In terms of content, the outcome has typically been sporadic, and reactive policy development focused on solving problems rather than on supporting strategic and transformational change. A consistent process for identifying the need for policy, for collaboration of stakeholders, and for updating policy documents has been lacking. In terms of structure and administration, consistent titling, formatting and terminology have also been absent, as have been consistent processes for approving, communicating, storing and accessing these vital documents. Taken together, these issues leave us challenged in meeting the documentation requirements of our regulators, in establishing benchmarks for continuous improvement, and most importantly, in providing forward-looking leadership, quality services, and a healthy and supportive work life for our employees. The proposed Policy Instruments Framework, arising from a collaboration of the Office of the Common Clerk and Human Resources, will resolve these deficiencies by building processes to manage policy documentation comprehensively and effectively. Based on - 2 - the Treasury Board Policy Model researched and provided by the Office of the Common Clerk, the proposed Policy Framework enjoys significant external credibility, while the content expertise and policy development experience of Human Resources provides internal relevance to the Service Areas and employees of our organization who are the Instruments Framewor k. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The proposed Policy Instruments Framework supports the following strategic directions and initiatives of Advance SJ: 4A Continuous Improvement: leverage technology, and evaluate performance to ensure service delivery is effective and effic This initiative involves a complete policy process redesign and implementation of supporting technology. 4D Measuring Results: eport annually on service performance and progress related to established str. Metrics will be developed to ensure accountability including ratios of policies reviewed to expired. 5C Information Management System: Implement a coordinated corporate wide records and information management system focused on the life-cycle management of documents to enable responsive, informed decision-making and retain organizational knowledge. The Policy Instruments Framework will be life-cycle managed by the Office of the Common Clerk, and will be available to all employees and other stakeholders by leveraging existing technology. 6B Employee Performance Management: nsure strategic management of the Human resource policy n eeds analysis and identification will enable a planned approach to help prepare the workforce of tomorrow. 6C Health, Wellness, and Safety: Commit to promoting a respectful workplace that focuses on sustaining a healthy, safe and caring environment. Human resource policy arising from the proposed Policy Instruments Framework will elevate the standards and expectations according to which we interact, communicate, and support our colleagues across the organization. SERVICE AND FINANCIAL OUTCOMES The service benefits of adoption of the proposed Policy Instruments Framework can be characterized as improvement in policy administration quality and effectiveness by several orders of magnitude compared to current practice, as well as in the quality of the end result of that process, the policies themselves. We will move from documents developed with limited stakeholder input, to documents that reflect comprehensive stakeholder input, from policies that are too often outdated to policies that meet our current business needs going forward, from policies that are provided to and understood by few, to polices communicated to and understood by all, and from a suite of polices that compromises our organizational due diligence to one that defends and ensures it. - 3 - To clarify by way of example the gaps in our current practice: Employees do not have access to policies in conducting their jobs from day to day. For example, the provision of our Health and Safety Policy to employees is a legislated requirement inadequately met. Limited access by employees to Policy Instruments also limits the effectiveness of employee training. For example, a collaborative approach to employee training in some time, but cannot proceed until our proposed Workplace Conduct Policy Instrument is approved. In 2006, the City failed its first Worksafe Audit, because over 80% of employees responded that they were unaware that the City had an approved Health and Safety Policy, even though this document existed and was in the possession of managers. Our performance and behavioural standards and expectations are inadequately Policy is almost twenty years old and does not address modern workplace issues such as bullying and incivility. This has proven problematic in a number of recent situations. Too many policy instruments are in draft form only. For example, the City has developed Alcohol and Drug municipalities of Moncton and Fredericton, but we have been unsuccessful in moving it through the current process. By contrast, the proposed solution will ensure that Policy Instruments will be available to all stakeholders, including our employees, at all times, and that they will be managed according to the proposed approach, ensuring currency and continuing value to our service delivery going forward. Moreover, the proposed solution will ensure that record keeping with respect to all Corporate Policy is managed by the Office of the Common Clerk, subject to and benefitting from the same approved and well accepted Records Management processes as any record of Council, resulting in notable gains in the integrity of this vital information resource. Policies will be life-cycle managed in the Crecords website. Finally, with Common Council proposed as the approval authority for Policy Statements, and the City Manager for the Policy documents themselves, the new approach aligns better than current practice with the scope and mandate of Council as Governance Authority, and with the role of the City Manager in the provision of Administrative Leadership within our organization. In effect, Policy Statements set direction and Policy documents detail the related organizational context. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The project team which developed the proposed solution included Jonathan Taylor, Patricia Anglin and David Burke, Office of the Common Clerk, as well as Leah Robichaud and Peter Morgan, with support from Kaitlyn Armstrong, Human Resources. John Nugent, City Solicitor, and Stephanie Rackley Roach, Manager of Strategy, Continuous Improvement and Performance Measurement, provided advice on the proposed Policy Instruments Framework. - 4 - ATTACHMENTS Appendix I: Policy Instruments Framework Appendix II: Powerpoint slides Appendix I City of Saint John Policy Instruments Framework Title: Policy Instruments Framework Subject: Writing, Issuing, Maintaining Policy Category: Policy Instruments Framework No.: 001 M&C Report No.: 2016-206 Effective Date: August 8, 2016 Next Review Date: (3 years) Area(s) this framework applies to: Common Office responsible for review of the framework: Council and all staff Corporate Services Related Instruments: Sponsors: Neil Jacobsen, Deputy City Manager Jonathan Taylor, Common Clerk Document Pages: This document consists of 15 pages. Revision History: Common Clerk's Annotation for Official record Date of Passage of Current Framework:__________________________ I certify that the Policy Instruments Framework was adopted by Common Council as indicated above. ________________________ ______________________ Common Clerk Date Date Created: Common Council Approval Date: Contact: July 28, 2016 City Manager 1 Appendix I City of Saint John Policy Instruments Framework TABLE OF CONTENTS 1. PURPOSE STATEMENT .......................................................................................................................... 3 2. SCOPE .................................................................................................................................................... 3 3. FRAMEWORK STRUCTURE ................................................................................................................... 4 POLICY STATEMENT .............................................................................................................................. 4 POLICY ................................................................................................................................................... 4 DIRECTIVES ............................................................................................................................................ 5 STANDARDS ........................................................................................................................................... 5 PROCEDURES ......................................................................................................................................... 5 GUIDELINES ........................................................................................................................................... 5 BEST PRACTICES / HANDBOOKS ............................................................................................................ 5 4. LEGISLATION AND STANDARDS ........................................................................................................... 5 5. ROLES AND RESPONSIBILITIES ............................................................................................................. 6 6. MONITOR AND REVIEW ....................................................................................................................... 6 7. IMPLEMENTATION ............................................................................................................................... 6 8. AUTHORIZATION .................................................................................................................................. 6 9. RESOURCES ........................................................................................................................................... 6 10. PROCEDURES ....................................................................................................................................... 7 11. GLOSSARY ............................................................................................................................................ 7 12. INQUIRIES............................................................................................................................................. 7 13. APPENDICIES ......................................................................................................................................... 7 APPENDIX "A" ................................................................................................................................................ 8 POLICY TEMPLATE ..................................................................................................................................... 8 APPENDIX "B" .............................................................................................................................................. 11 PROCEDURE - POLICY DEVELOPMENT PROCESS ..................................................................................... 11 APPENDIX "C" .............................................................................................................................................. 14 GLOSSARY................................................................................................................................................ 14 APPENDIX "D" ............................................................................................................................................. 15 REFERENCES ............................................................................................................................................ 15 2 Appendix I City of Saint John Policy Instruments Framework 1. P URPOSE S TATEMENT Formal Statement that provides context and broad guidance with respect to policy themes or clusters. Also provides the supporting structure within which specific City policy and other instruments can be understood in strategic terms. 2. S COPE Policies are the tools used by the City Manager to achieve the mandates of Council expressed by resolution in a Policy Statement. A wide array of policy is available to achieve Council objectives which in turn influences The City's long- term well-being and achieves a better quality of life for everyone. The scope of The City's policy covers a range of municipal or program-related functions. The headings under which most policy instruments have been grouped reflect how the scope of municipal activities has evolved, changes in management practice, and increasing expectations of the public. The City adapts its policies to the priorities of Common Council and to the strategic directions of Advance SJ. Most policy instruments fall under one of these functional headings, consistent 1. Growth and Community Development 2. Protective Services 3. Transportation and Environment Services 4. Saint John Water 5. Finance and Administration 6. Corporate Services The development of this substantial range of policy instruments raises important design questions. What criteria should be used in choosing among the instruments? The City has adopted with minor modification, the standard developed by the Treasury Board, referred to as The Foundation Framework. The Framework provides flexibility in selecting policy instruments from the diagram below appropriate to the task at hand (Pyramid View). 3 Appendix I City of Saint John Policy Instruments Framework tǤƩğƒźķ źĻǞ Ώ CƩğƒĻǞƚƩƉ ƚŅ tƚƌźĭǤ LƓƭƷƩǒƒĻƓƷƭ Frameworks contain clusters of policy instruments relating to a theme. The instruments of the Framework can be selected and used as the ingredients to help distill the best solution for achieving objectives. 3. F RAMEWORK S TRUCTURE POLICY STATEMENT A Policy Statement is a high level strategic statement that dictates what position the organization has taken on specific issues. Policy statements are created by resolution of Common Council. Policy Statements are referred to the City Manager to enact through Policy Instruments. POLICY Policy is a tool for strengthening and championing our culture. The strong ethical foundation of our policies influences the perceptions of employees, shapes behaviour, and sends a powerful message externally that Saint John is a Community of Choice and that The City of Saint John is an Employer of Choice. 4 Appendix I City of Saint John Policy Instruments Framework Policy documents provide a distinct path of action that clarifies and elaborates the intent of Council's Policy Statement, describes more fully the nature of the organizational change contemplated, and give direction to the organization. Policy has three key elements: a problem definition, goals to be achieved and the policy instruments to address the problem and achieve the goals. DIRECTIVES Directives provide specific direction to the organization and derive their authority from Policy Statements. A directive is a statement that has been approved by the City Manager, focuses on the internal workings of the City, and primarily impacts city employees and contractors. STANDARDS Standards are requirements that support individual policies and directives and dictate uniform ways of operating. WorkSafe NB defines standards as 'desired and achievable levels of performance against which actual performance can be measured'. Standards can be viewed as an acceptable benchmark with reference to any task or activity, and can be either qualitative or quantitative in nature. PROCEDURES Procedures, also known as standard operating procedures (SOPs) are detailed step-by-step, task-level descriptions of actions required to help implement a policy. The procedure answers the "how" question and is generally used in an operating environment. Procedures provide the vehicles for implementing policies. GUIDELINES Guidelines represent recommended actions, general approaches and operational behaviors. BEST PRACTICES / HANDBOOKS A best practice is a technique or methodology that, through experience and research, has proven to reliably lead to a desired result. A handbook is a complete and detailed work on a particular topic for practitioners, structured for quick reference and often as a supplement to a text book. The term is commonly interchanged with manual. 4. L EGISLATION A ND S TANDARDS The City must not exceed its policy making authority as determined by the Municipalities Act. The Treasury Board Standard Framework for Assessing, Selecting and Implementing Instruments for Government Action is to be followed. 5 Appendix I City of Saint John Policy Instruments Framework 5. R OLES A ND R ESPONSIBILITIES Common Council approves Policy Statements by way of resolution. The City Manager operationalizes the Policy Statement by selecting the appropriate Policy Instrument. A Member of Common Council may identify a policy issue and initiate the creation of a new policy or changes in an existing policy by submitting to the Council Agenda. A Commissioner may identify a policy issue and initiate the creation of a new policy or changes in an existing policy using a Report to Mayor and Council (M&C). There will be a designated "Sponsor" for every policy, i.e., a senior administrator with overall responsibility for the development of policy content, and its periodic review. There will be a designated "Responsible Unit" for every related procedure, which is responsible for administration oversight. To promote Open Government and Open Information the Clerk will maintain and publish all policies in The City's Electronic Records Management System (ERMS), Laserfiche, for Council, staff and public access. The policy stored in the Laserfiche Policy Library is the official version and there will be only one version in the Laserfiche Policy Library. 6. M ONITOR A ND R EVIEW Policy instruments will be reviewed every 3 years. 7. I MPLEMENTATION Council Policy Statements will be referred to the City Manager by resolution of Council. The City Manager is directed by resolution to develop and implement the appropriate policy instrument. 8. A UTHORIZATION Policy Statements are authorized by Common Council. The City Manager is authorized by Policy Statement to develop policy instruments. 9. R ESOURCES City staff should be collaborative and consultative when drafting policy instruments. External review and validation should be a part of the policy development process. 6 Appendix I City of Saint John Policy Instruments Framework 10. P ROCEDURES It is recognized that the creation and implementation of effective policy is very challenging and complex. The process involves gathering evidence and data, undertaking financial and policy analysis, building a business case to convince council and the community and building a network of support. To help with this complex task, a recommended policy development mechanism is required. A policy development process is outlined in Appendix "B". 11. G LOSSARY For an explanation of terms C 12. I NQUIRIES For more information on the Framework, please contact the City Manager. 13. A PPENDICES Appendix A Standard - Policy Template Appendix B Procedure - Policy Development Process Appendix C Glossary Appendix D References 7 Appendix I City of Saint John Policy Instruments Framework A PPENDIX "A" P OLICY T EMPLATE A standard policy template ensures clarity and consistency. Although not all policies will contain all of the template elements, City policies will be written and maintained following the format described in the Sample Template below. All elements and sections in the template are mandatory. To access to the Template in e-City use the following link: (link to be provided) 1. Policy Statement: A clear and unambiguous statement of the commitment of the organization to the values and course of action that the Policy serves, i.e. the nature of the organizational change intended. 2. Scope: Defines constraints in terms of the subject matter contained in policy as well as the extent of organizational application and influence in terms of service areas and workforces affected. 3. Legislation and Standards: Specifies the restraints and requirements to be achieved in a Policy document. 4. Roles and Responsibilities: Describes the role of staff at all levels to ensure successful implementation of Policy. 5. Monitor and Review: Specifies the control process by which Policies are kept current and valid. 6. Implementation: The process to apply Policy throughout the organization. 7. Authorization: Policy is authorized by resolution of Common Council. 8. Resources: The human, informational, financial and material resources required to develop and implement policy. 9. Procedures: Step by step instructions required to carry out policy. 10. Glossary: Clarification of terminology used in Policy. 11. Inquiries: Service Area, sponsor or individual responsible for the Policy. 12. Appendices: Supporting templates, documents and tools designed to promote standardization and corporate branding. 8 Appendix I City of Saint John Policy Instruments Framework Title: Subject: Category: Policy No.: M&C Report No.: Effective Date: Next Review Date: (3 years) Area(s) this policy applies to: Office Responsible for review of this Policy: Related Instruments: Policy Sponsor: Document Pages: This document consists of XX pages. Revision History: Common Clerk's Annotation for Official eRecord Date of Passage of Current Framework:_________________________ I certify that this Policy was adopted by Common Council as indicated above. ________________________ ______________________ Common Clerk Date Date Created: Common Council Approval Date: Contact: MM DD, YYYY City Manager 9 Appendix I City of Saint John Policy Instruments Framework TABLE OF CONTENTS 1. POLICY STATEMENT .................................................................................................................... .P 2. SCOPE ........................................................................................................................................... P 3. LEGISLATION AND STANDARDS ................................................................................................... P 4. ROLES AND RESPONSIBILITIES ..................................................................................................... P 5. MONITOR AND REVIEW ............................................................................................................... P 6. IMPLEMENTATION ....................................................................................................................... P 7. AUTHORIZATION .......................................................................................................................... P 8. RESOURCES .................................................................................................................................. P 9. PROCEDURES ................................................................................................................................ P 10. GLOSSARY ................................................................................................................................... P 11. INQUIRIES ............................................................................................................................... ....P 12.P 10 Appendix I City of Saint John Policy Instruments Framework A PPENDIX "B" P ROCEDURE - POLICY DEVELOPMENT PROCESS The policy development process is presented below (adapted from The Treasury Board Framework for Assessing, Selecting and Implementing Instruments for Government Action). The process is to be assessed for relevance for each policy development project. Deviations from the process must be documented. This should result in better policy advice that is both credible and reliable. 1. A Policy Statement may be submitted for consideration as follows: A Member of Council submits the Policy Statement to the Council Agenda process. A Commissioner submits the Policy Statement to the City Manager in a Council Report. A Policy Statements in a Service Area Policy Framework. Council may by resolution adopt a Policy Statement or Statements and refer the Policy development process to the City Manager. If the City Manager is referred a Policy Statement(s) for development he/she will assign a policy Sponsor. 2. For Policies affecting external stakeholders ie. the public, community organizations, etc. the policy Sponsor the following process is recommended: Collaborates with the Council / Board / Senior Leadership Team, the City's business units, and the public to refine a policy approach using: o Workshops with staff and Council o Public focus groups, including stakeholders o Discussion with local governments, to consider standardization of definitions, wording and procedures 3. The Policy Sponsor assembles relevant enabling legislation and regulations as follows: Check for the most recent versions Review what is enabled and the limits to the local government authority Seek legal interpretation of legislation and court decisions 4. The Policy Sponsor identifies the purpose and context as follows: Identify changes necessary to other local government policies Clarify relationships with other agencies, business units 5. The Policy Sponsor determines the Policy structure as follows: Different combinations of policies and policy instruments are possible Follow the policy templates provided 11 Appendix I City of Saint John Policy Instruments Framework 6. The Policy Sponsor writes key clauses of the policy in draft as follows: Confirm with the enabling legislation Cross reference with other policies as appropriate Refine and discuss with other staff, committees and stakeholders (If creating a bylaw, follow steps 6 and 7, if not, continue on to Step 9) 7. The Policy Sponsor writes bylaw enforcement provisions, as follows Check the Provincial Offences Procedure Act Check enforcement provisions of the Municipalities Act, Community Planning Act and regulations Review with enforcement staff - there must be a commitment to making bylaws work through enforcement 8. The Policy Sponsor writes bylaw filter and exception clauses, taking the following into consideration: What cases might be excused from the bylaw? At what threshold should certain actions occur? 9. The policy Sponsor writes glossary definitions taking the following into consideration: Glossary definitions need only be added for what is not already defined in enabling legislation, or when there is some vagueness of meaning Check the Municipalities Act interpretation section Check the Interpretation Act Check the dictionary for vague meanings Review the policy for simplicity and plain English - try to eliminate jargon or unnecessary complexity 10. The policy Sponsor reviews the draft with staff, committees, stakeholders, external sources, legal counsel and refines 11. For Policies that are administrative in nature ie. affect or impact City employees and City Service areas only, the Policy Sponsor may manage the development process with Senior Leadership Team as follows: The City Manager may appoints a Policy Review Committee from among the Senior Leadership Team. Draft policy instruments are submitted to the City Manager for approval. 12. Approved policies are submitted to the Common Clerk. The Common Clerk: Publishes the Policy in The City's Electronic Records Management System (ERMS), Laserfiche. 12 Appendix I City of Saint John Policy Instruments Framework Ensures policy is maintained current in the Laserfiche Policy Library, by updating revisions and removing rescinded policy. Ensures the WORD format is maintained in eCity (SharePoint) to enable revisions to the document. 13 Appendix I City of Saint John Policy Instruments Framework A PPENDIX "C" G LOSSARY Instrument Description Usual Audience Application Policy Formal statement adopted by Resolution of Common Commissioners, Architectural Statement Council that provides context and broad guidance with Managers respect to policy themes. Policy Formal direction developed by the City Manager that Council, Mandatory Instruments imposes the Policy Statement in a document. Commissioners, Managers Directive Formal instruction that obliges departments / service Managers, Mandatory area to take (or avoid) specific action. functional specialists * Standard / A set of operational or technical measures, procedures Managers, Mandatory Procedure or practices for city-wide use. functional specialists Guideline A document providing guidance, advice or explanation Mangers, Voluntary to managers or functional area specialists functional specialists Best A best practice is a technique or methodology that, Managers, Voluntary Practices functional through experience and research, has proven to /Handbooks specialists reliably lead to a desired result. A handbook is a complete and detailed work on a particular topic for practitioners, structured for quick reference and often as a supplement to a text book. The term is commonly interchanged with manual. * The City is organized in 6 functional areas: 1. Growth and Community Development 2. Protective Services 3. Transportation and Environment Services 4. Saint John Water 5. Finance and Administration 6. Corporate Services Functional specialists work in their respective functional area. 14 Appendix I City of Saint John Policy Instruments Framework A PPENDIX "D" R EFERENCES 1. Some Better Practice Principles for Developing Policy Advice, Australian National Audit Office, 2001. 2. A Design Framework for Environmental Policy Instruments, Professor Kenneth Richards, Musim Mas Visiting Professor of Sustainability, National University of Singapore Business School, 2013 3. Integrated Community Energy Solutions (ICES) Municipal Policy Toolkit, Appendix A - How to Select Policy Instruments, September 2010 4. Framework for Assessing, Selecting and Implementing Instruments for Government Action, Treasury Board of Canada 15 , 2016 th Policy Instruments Framework Common Council Presentation, August 8 Office of the Common ClerkHuman ResourcesLegalStrategy, Continuous Improvement and Performance Management Corporate Services Collaboration 2 Good Governance Good Leadership Due Diligence Quality Improvement Benefits of the Policy Framework 3 tƚƌźĭǤ Ǟźƌƌ ĬĻ ƭƷƚƩĻķ źƓ ğ tƚƌźĭǤ \[źĬƩğƩǤ źƓ Access by Council, staff & public staff, store policy documents on shared drives, ğƓķ ğĭĭĻƭƭźĬƌĻ ƚƓƌźƓĻ ǒƭźƓŭ ƷŷĻ /źƷǤ ǞĻĬƭźƷĻ ĬǤ Policy Gaps Managers and personal sites, file cabinets, SharePoint. There are often multiple drafts and several versions leaving doubt as to the official record.Gap: There is no one trusted source to find the official Policy.Recommendation: \[ğƭĻƩŅźĭŷĻ/ƚǒƓĭźƌͲ ƭƷğŅŅ ğƓķ ƷŷĻ ƦǒĬƌźĭ͵4 . ƚƓƭƚƌźķğƷĻ /ƚǒƓĭźƌ wĻƭƚƌǒƷźƚƓƭ źƓƷƚ ƷŷĻ / Revisions not Consolidated in Policy Resolutions. ecommendation: Policy Gaps Common Council often revises existing policy by resolution.Example: Common Council Resolution May 1, 2000RESOLVED that as recommended by the City Manager, in accordance with reimbursement for civic officials and employees who are required to utilize their private vehicles for City business at 30 cents per kilometer Gap: Staff must search through years of Council Minutes to locate Policy R tƚƌźĭǤ ķƚĭǒƒĻƓƷ͵ 5 touch with - . of - date Policy - of was approved by Common Council on - tƚƌźĭǤ ƩĻǝźĻǞ ĻǝĻƩǤ Ќ ǤĻğƩƭ Out , 1990 th Vehicle Policy Policy Gaps Gap: Policy can exist for so long it may be outcorporate strategic direction.Example: November 26Are the terms of this policy still appropriate to governing the use and allocation of vehicles owned and operated by the City? Recommendation: 6 Solution - Framework for Assessing, Selecting and Treasury Board of Canada: Implementing Instruments for Government Action The Framework 7 Frameworks contain clusters of policy instruments relating to a theme.The instruments of the Framework can be selected and used as the ingredients to help distill the best solution for achieving objectives. What is a Policy Framework 8 What is a Policy Statement 9 olicy themes. Formal statement, Resolution of Common Council that provides context and broad guidance with respect to p ĻƷźƨǒĻƷƷĻ͵ : Cƌğŭ ƚŅ /ğƓğķğ Policy Statement w9{h\[95 ƷŷğƷ /ƚƒƒƚƓ /ƚǒƓĭźƌ ğķƚƦƷ ğ Cƌğŭ tƚƌźĭǤ ƷŷğƷ ŅƚƌƌƚǞƭ bğƷźƚƓğƌ What is an example of a Policy Statement 10 What are Policy Instruments 11 Formal direction provided by the City Manager that imposes the Policy Statement in Policy Instruments. Policy Instruments are:PoliciesDirectivesStandards /ProceduresGuidelinesBest PracticesHandbooks Library - Open Access to Policy e Policy will be published on the City WebsitePolicy Library accessible to Council, staff, and publicOpen InformationOpen GovernmentTransparency 12 EQQUESTIONS 13 PLANNING ADVISORY COMMITTEE July 25, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application 1710 Sandy Point Road The Committee considered the attached report at its June 21, 2016 meeting. Malcolm Boyd, the applicant, appeared before the Committee and spoke in favour of the application. Nobody else appeared before the Committee, and no letters were received. After considering the report and the comments made by the applicant, 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 Date: June 17, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting ofTuesday,June 21, 2016 SUBJECT Applicant: Malcolm Boyd Owner: Ensemble Holdings, Inc. Location: 1710 Sandy Point Road PID: 00050849 Plan Designation: Stable Residential Existing Zoning: Two-Unit Residential (R2) Application Type: Subdivision Jurisdiction:The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning land for public purposes (LPP) in conjunction with the subdivision of land. SUMMARY The applicant is seeking to subdivide an existing lot to create five new residential lots. The property is located in the Two-Unit Residential (R2) zone, which supports the eventual development of the lots into one or two-unit dwellings. The application re consideration to receive money in-lieu of LPP, which is recommended by staff. Page 1 of 4 Malcolm Boyd 1710 Sandy Point Road June 17, 2016 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 approval to subdivide the subject property into five separate residential lots. The subject site has an area of approximately 16,343 square metres, and a lot frontage of approximately 200 metres. The site is located in the Two-Unit Residential (R2) zone, which permits the development of one or two-unit residential dwellings. The application requires the Committee and Council to consider accepting money-in-lieu of land for public purposes (LPP). Site and Neighbourhood The subject site is located in the northern part of the City, across the street from Rockwood Park and abutting a low density residential neighbourhood to the rear of the site. The site is located inside the Primary Development Area (PDA), approximately 300 metres from the PDA boundary. This area of the City has large areas of natural forestation, as much of the area remains in an undeveloped state, including the subject site. Municipal Plan residential growth that will occur over the 25 year lifespan of the Plan inside the PDA. Infill development on vacant lots inside the PDA where existing city services exist represents a good return on investment for the City, and is supported by the Plan. Subdivision -law states that only land that is dedicated as a pedestrian walkway shall be received as LPP, and that in all other cases money-in-lieu should be considered in place of land. In addition to the direction offered by the Subdivision By-law, t -in-lieu of LPP when possible as the City is currently well served with the existing inventory of public parks and playgrounds. The Plan suggests that the quality of green spaces is more important than the Page 2 of 4 Malcolm Boyd 1710 Sandy Point Road June 17, 2016 quantity. In this case, the subject lot is across the street from Rockwood Park. The Subdivision By-law requires eight percent of the market value of the land to be provided to the City as a money in-lieu of LPP. Conclusion The applicant is seeking to subdivide an existing lot located in the Two-Unit Residential (R2) zone in the northern part of Sandy Point Road across the street from Rockwood Park. The applicant is planning on creating five lots that would, if approved, abut Sandy Point Road. The subject site is within the Primary Development Area, and in the Stable Residential land use by low-density residential development, which provides the supporting context for the proposed infill development. Staff recommend approval for receiving money in-lieu of LPP. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordof Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 3, 2016. SIGNATURES AND CONTACT Prepared by: Reviewed By:Approved by: Jody Kliffer, MCIP, RPPMark Reade, P.Eng., Jacqueline Hamilton, MURP, PlannerMCIP, RPPMCIP, RPP Senior PlannerCommissioner Contact: Jody Kliffer Phone: 506.632.6846 E-mail: jody.kliffer@saintjohn.ca Project: 16-102 Page 3 of 4 Malcolm Boyd 1710 Sandy Point Road June 17, 2016 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 4 of 4 PLANNING ADVISORY COMMITTEE July 21, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application 75 Keating Road The Committee considered the attached report at its July 19, 2016 meeting. Rick Turner, of Hughes Surveys and Consultants, representing the applicant, Andrew Keating, appeared before the Committee and spoke in favour of staff recommendation. Mr. Turner addressed a letter that was submitted to the Committee from the abutting neighbour that expressed concern regarding potential water drainage onto his property. Mr. Turner explained that a stormwater drainage plan will be submitted to the City for review as a part of the building permit process. The Committee asked staff if approving the proposed lot would create the context in which the City would become responsible for the ownership of Keating Road, which is currently a private street. Staff responded that there was no apparent linkage between the approval of the proposed lot and the future ownership of the road. In addition, staff noted the City currently provides maintenance and solid waste collection to Keating Road. The Committee stated that there are portions of the subject site that appear to resemble a wetland, even though the area is not designated as a wetland on the Provincial mapping. As such, the Committee asked the applicant if he would be opposed to a condition that required the applicant to acquire a Watercourse and any building occurring on the proposed lot. Mr. Turner stated that he would not be opposed to this condition seeing as it is a provincial requirement anyway. Page 1 of 2 Andrew Keating 75 Keating Road July 21, 2016 Staff noted that a statement that clarifies the need for the applicant to acquire a WAWA permit will be placed on the final subdivision plan. After considering the report, the comments made by the applicant, the letter received, the Committee approved the creation of a lot that does not abut a public right-of-way, and recommended that Council assent to an attached photo- reduced subdivision plan and accept money-in-lieu of Land for Public Purposes. RECOMMENDATION: 1. That Common Council assent to the attached photo-reduced Andrew & Marguerite Keating tentative subdivision plan, and to any required public utility easements. 2. That Common Council accept money-in-lieu of Land for Public Purposes dedication for the creation of proposed Lot 16-01. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 Date: July 15, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, July 19, 2016 SUBJECT Applicant: Hughes Surveys (on behalf of Andrew Keating) Owner: Andrew Keating Location: 75 Keating Road PID: 00289066 Plan Designation: Rural Residential Existing Zoning: Rural Residential (RR) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning either money- in-lieu of, or the vesting of land for public purpose in conjunction with the subdivision of land. SUMMARY The applicant is seeking to subdivide an existing lot on Keating Road, which is a private road, to create a new residential lot. The proposed lot abuts the Saint John River at the rear of the property and would be located between two existing single-unit residential dwellings, including Page 1 of 5 Andrew Keating 75 Keating Road July 15, 2016 -01 requires the approval of the Committee to create a lot that does not abut a public right-of-way, as well as approval from Council to receive money in-lieu of Land for Public Purposes (LPP). Staff recommend approval of the application. RECOMMENDATION 1. That Common Council assent to the attached photo-reduced Andrew & Marguerite Keating tentative subdivision plan, and to any required public utility easements. 2. That Common Council accept money-in-lieu of Land for Public Purposes dedication for the creation of proposed Lot 16-01. 3. That the Planning Advisory Committee approve the creation of the proposed new Lot 16- 01 along the private right-of-way known as Keating Road DECISION HISTORY The Planning Advisory Committee has favourably considered the creation of six unserviced residential lots along Keating Road since 1986. In these previous subdivision applications, a five metre wide area of land was reserved along the frontages of the lots for the possibility to provide future street-widening of Keating Road. These parcels for possible road widening are located along the north side of the right-of-way. ANALYSIS Proposal The applicant is seeking to subdivide an existing lot located at the above address in order to create a new lot that he would like to sell for the development of a one or two-unit dwelling. The proposed lot, if approved, would have an area of approximately 8,094 square metres and would be accessed from Keating Road, which is a private street accessed off Westfield Road. In order to create the proposed lot, the applicant is required to seek approval from the Committee to create a lot that does not abut a public right-of-way, as well as permission from Council to receive money-in-lieu of Land for Public Purposes (LPP). The subject property is situated off Westfield Road in the South Bay area of the City (see attached location map). The property has an area of 41,335 square metres, and contains a private road that runs through the site providing vehicular access to 10 residences, including the residence of the applicant at 75 Keating Road. The proposed lot exceeds the minimum standards of the Zoning By-law, and can be modified and made suitable for the installation of on-site services. Page 2 of 5 Andrew Keating 75 Keating Road July 15, 2016 Site and Neighbourhood City is characterised by low-density residential land uses. The existing lot contains a single-unit dwelling that, according to Service New Brunswick data, was constructed in 1971. The majority of the property remains in an undeveloped state with significant tree coverage throughout the site. Keating Road has a chip sealed surface with ditching and overhead public utilities. The proposed lot has an approximate area of 8100 square metres, and a lot frontage of approximately 61 metres (see attached Tentative Subdivision Plan). If approved, the parcel abuts the Saint John River at the rear of the lot, and Keating Road, which is a private road, at the front. Although Keating Road is not owned by the City, it receives municipal services in the form of garbage and compost pickup, snow removal, and road maintenance. Municipal Plan The subject site is located in Rural Residential Area, which is a land use designation that the Plan states should receive approximately five percent of the residential growth that will occur in the City over the 25-year lifespan of the Plan. The newly created lot would be an infill development project involving the development of a single lot. The requirements for lot size and frontage in the Citys Zoning By-law are tools used to limit the amount of rural residential growth that occurs in the City. With the current application, the proposed new lot satisfies the requirements of the Zoning By-law, and can therefore be supported by staff. The addition of a new lot in the proposed location would not place any further burden on the City with regards to the current level of service Keating Road receives. There are three properties on Keating Road that are located past the proposed subdivided lot, meaning that extending the road to accommodate a new dwelling would not be required as a result of the proposed subdivision, nor would any municipal service vehicles need to travel any further to provide services to the proposed property. Conclusion The applicant is seeking to create a new residential lot from the eastern portion of the existing lot at 75 Keating Road. If approved, the lot would have an area of approximately 8094 square metres and a lot frontage of approximately 61 metres. This area of the City is located in the Rural Residential Area, which is a land use designation that is intended to receive a small amount of infill development over the course of the Municipal Plan. The creation of proposed Lot 16-01 requires the approval from the Planning Advisory Committee to create a lot that does not front onto a public right-of-way, as well as permission from Common Council to receive money in-lieu of LPP. Staff recommend approval. Page 3 of 5 Andrew Keating 75 Keating Road July 15, 2016 ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordof Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on July 5, 2016. SIGNATURES AND CONTACT Prepared by: Reviewed By: Approved by: Jody Kliffer, MCIP, RPP Mark Reade, P.Eng., Jacqueline Hamilton, MURP, Planner MCIP, RPP MCIP, RPP Senior Planner Commissioner Contact: Jody Kliffer Phone: 506.632.6846 E-mail: jody.kliffer@saintjohn.ca Project: 16-144 Page 4 of 5 Andrew Keating 75 Keating Road July 15, 2016 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 Reade, Mark From:External - Planning Sent:July-18-16 8:50 AM Reade, Mark To: Subject:FW: Subdivision Application 75 Keating Road PaulaHawkins CityofSaintJohn OneStopDevelopmentShop 15MarketSquare th 10FloorΑCityHall SaintJohn,NB (506)6582911 paula.hawkins@saintjohn.ca From: Dale & Cathy Kilpatrick \[mailto:DaleJKilpatrick@outlook.com\] Sent: July-17-16 9:03 PM To: External - Planning Subject: Subdivision Application 75 Keating Road MywifeandIaretheownersofLot0301PID55165922,asshownontheTentativePlanaffixedtotheletter wereceivedregardingthisapplication. Theonlyquestionthatwewouldraisewouldbehowtoensurethattherunofffromtheproposedlot1601 wouldbemanagedsuchthatourdrivewayandhome'sfoundationwouldnotbeataddedriskoferosiononce theforestcoverhasbeenremovedandreplacedbyahome,anyoutbuildingsandassociateddriveways. Sincerely, DaleKilpatrick 1 August 4, 2016 Common Council of The City of Saint John Your Worship and Councillors: Re: Saint John Traffic By-Law Amendment, Schedule A-1 RECOMMENDATION Resolved, that Common Council direct the City Solicitor to prepare an amendment to the Saint John Traffic By-- th Saint John Parking Commission, dated August 04, 2016. EXECUTIVE SUMMARY The Saint John Parking Commission is looking to expand the enforcement area in the South Central Peninsula, as it relates to section 7(5) of the By-Law, specifically S-. Current practice: The Saint John Parking Commission (SJPC) has the responsibility of issuing traffic tickets in the South Central Peninsula, for those individuals who do not abide by section 7(5) the By-Law. By-Law specifically states that: 7(5) No person shall park a motor vehicle between the hours of 0800 and 1700 hours on the streets between --law for a period longer than the time specified in the said schedule unless the motor vehicle bears either a valid residential zone parking permit, or a temporary residential zone parking permit, applicable for the zone in which the street is located. The SJPC currently patrols Zones A through E, as defined in Appendix A. This area does not include the most southern portion of the Peninsula. An opportunity exists whereby the SJPC would like to expand Schedule A-1 (of the By-Law), to include the southernmost portion of the Peninsula. Please see the blue highlighted are in Appendix The benefits of this are twofold: 1. Provides consistency for all of the Citizens of the South Central Peninsula 2. Creates the opportunity to increase revenues, not only for the SJPC but for the City of Saint John. The Saint John Parking Commission would like to make an addition t- By-law to include the streets defined below. West to East Princess Street- Pitt St to Crown St Orange Street Pitt St to Crown St Duke Street Pitt St to Crown St MecKlenburg Street Sydney St to Crown St Queen Street Sydney St to Crown St St Andrew Street Sydney St to Carmarthen St St James Street Prince William St to end (St James ends just pass Pitt St and does not go to Crown.) Britain Street Sydney St to end (pass Pitt St and does not go to Crown) Ross Street Germian St to Sydney St Board Street Sydney to Crown St Broadview Ave Charlotte St to end Vulcan Street Charlotte St to Sdyney St North to South Canterbury Street St James to Lower Cove Loop Germain Street St James to Ross St Charlotte Street St James to Vulcan St Sydney Street St Andrew to Vulcan St Carmarthen Street Duke St to Board St Wentworth Street Duke St to Board view Ave Pitt Street Princess St to Board St Charlotte Street (Building 201 to Building 215) Charlotte Street (In front of building 239) Respectfully submitted, _______________________ Ian E. MacKinnon Chief Executive Officer Saint John Transit and Parking Commission Attachment \[Type text\] Appendix A Saint John Parking Commission Residential Parking \[Type text\] Appendix B Saint John Parking Commission Residential Parking \[Type text\] August 4, 2016 Common Council of The City of Saint John Your Worship and Councillors: Re: Saint John Traffic By-Law -Amendment, Schedule O RECOMMENDATION Resolved that Common Council direct the City Solicitor to prepare an amendment to the Saint John Traffic By-Law as more fully described in a report to Common Council from the Saint John Parking th Commission, dated August 04, 2016. EXECUTIVE SUMMARY The South Central Peninsula of the City of Saint John is currently divided into two segments as it relates to residential parking permits: 1. Those who live in a regulated area under the By-Law and 2. Those who live in a non-regulated area (Appendix A) The Saint John Parking Commission would like request that the entire South Central Peninsula be converted to a regulated area. The reason for this change is directly related to the amendment proposed with respect to changing S-1 relates to on-street parking for a period no greater than 2 hours. The amendment to S- other. In essence, if the SJPC is going to enforce a 2 hour parking rule, we will need to offer Residential/Temporary parking permits to those individuals who do not have off street parking. The area highlighted in BLUE is what the SJPC would like to include for Residential and/or temporary zone parking permits. (Appendix A) The Saint John Parking Commission would like to m By-law to include the streets defined below. West to East Princess Street- Pitt St to Crown St Orange Street Pitt St to Crown St Duke Street Pitt St to Crown St MecKlenburg Street Sydney St to Crown St Queen Street Sydney St to Crown St St Andrew Street Sydney St to Carmarthen St St James Street Prince William St to end (St James ends just pass Pitt St and does not go to Crown.) Britain Street Sydney St to end (pass Pitt St and does not go to Crown) Ross Street Germian St to Sydney St Board Street Sydney St to Crown St Broadview Ave Charlotte St to end Vulcan Street Charlotte St to Sdyney St North to South Canterbury Street St James to Lower Cove Loop Germain Street St James to Ross St Charlotte Street St James to Vulcan St Sydney Street St Andrew to Vulcan St Carmarthen Street Duke St to Board St Wentworth Street Duke St to Board view Ave Pitt Street Princess St to Board St Charlotte Street (from building 201 to 215) Charlotte Street (in front of Building 239) Respectfully submitted, _______________________ Ian E. MacKinnon Chief Executive Officer Attachment \[Type text\] Appendix A Saint John Parking Commission Residential Parking \[Type text\] Meeting Date August 08, 2016 Deputy Mayor McAlary and Councillors, {ǒĬƆĻĭƷʹ tĻƓƭźƚƓ /ƚƓƷƩźĬǒƷźƚƓƭ ŅƚƩ tĻƩźƚķƭ ƚŅ tğƩĻƓƷğƌ \[ĻğǝĻ RESOLVED that as recommended by the Committee of the Whole, having met on August 8, 2016, Common Council adopt the following resolution: 2013 and the present date, have taken parental leave(s) but who have not made employee contributions to the SRPF for such periods of parental leave(s), provided that any such employee contribution is made in full and by single payment to the SRPF by such employee by not later than December 31st, 2017, after which such employee shall no longer be eligible, and designate, to negotiate amendments to each of the several Collective Agreements to which the City is a Shared Risk Plan permit the purchase of the period of a parental leave as pensionable service, and (2) so long as the employee pays to the SRPF the amount which the employee would have been required to contribute to the SRPF for that period had the parental leave not occurred, then the City shall pay to the SRPF the amount which the City, as the employer, would have been required to contribute to the SRPF had the parental leave not occurred, and BE IT FURTHER RESOLVED that Common Council direct the Common Clerk, or his designate, to write to the Secretary of the Saint John Police Commission to advise of the adoption of these resolutions and to encourage the Saint John Police Commission to consider adopting by resolution the same policy position respecting its employees as the City has respecting its employees, as set out in the foregoing resolutions, and for the Saint John Police Commission to negotiate the same amendments to each of the several Collective Agreements to which the Saint John Police Commission is a signatory, as are described in the above resolution. Sincerely, Don Darling Mayor Meeting Date August 08, 2016 Deputy Mayor McAlary and Councillors, Subject: National Energy Board (NEB) Panel Session RESOLVED that as recommended by the Committee of the Whole, having met on August 8, 2016, Common Council adopts the following resolution: 1. That Common Council approve Attachment A: City of Saint John Introductory Comments and Questions for the August 8-ЊЋ b9. 9ƓĻƩŭǤ 9ğƭƷ tğƓĻƌ {ĻƭƭźƚƓ Λ{ğźƓƷ WƚŷƓͲ b.Μ Ή /ƚƒƒĻƓƷğźƩĻƭ ƦƩĽƌźƒźƓğźƩĻƭ ĻƷ ķĻƭ questions de la Ville de Saint John poǒƩ ƌğ ƭĽğƓĭĻ ƭǒƩ ƌĻ ƦƩƚƆĻƷ ;ƓĻƩŭźĻ 9ƭƷ ķĻ ƌγhŅŅźĭĻ ƓğƷźƚƓğƌ ķĻ ƌγĽƓĻƩŭźĻ Λhb9Μ ƨǒź ƭĻ ķĽƩƚǒƌĻƩğ ķǒ Б ğǒ ЊЋ ğƚǕƷ ЋЉЊЏ ΛĠ {ğźƓƷ WƚŷƓͲ ğǒ bƚǒǝĻğǒ-Brunswick) as the City of Saint nd the Project Applicant, TransCanada, as part of the forthcoming Energy East panel session. 2. That Common Council authorise Mayor Don Darling to serve as official spokesperson for the City of Saint John during the forthcoming Energy East panel session, Working Group. s will also become session. Sincerely, Don Darling Mayor Meeting Date August 08, 2016 Deputy Mayor McAlary and Councillors, {ǒĬƆĻĭƷʹ {ğźƓƷ WƚŷƓ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ \[ĻƒƚƓŭƩğƭƭ wĻƭƷğǒƩğƓƷ {ǒĬƌĻğƭĻ wĻƨǒĻƭƷ RESOLVED that as recommended by the Committee of the Whole having met on August 8th, 2016, Common Council adopts the following: That The City of Saint John (as Sublessor) and Cro-Bel Inc. doing business as Lemongrass Thai Fare (as Sublessee) enter a 5 year sub-lease with an option to renew for a further 5 years (pending agreed upon rates) in designated space in the Market Square parking garage to install a cold storage unit as shown on a sketch in Schedule "A" to the Sub-Lease Agreement; and that the Mayor and Common Clerk be authorized to execute the sub-lease agreement. Sincerely, Don Darling Mayor THIS SUBLEASE is made as of the _____ day of July, 2016, between: THE CITY OF SAINT JOHN as Sublessor -and- CRO-BEL INC. doing business as Lemongrass Thai Fare as Sublessee RECITALS: st A. By a sublease made as of the 31 day of May, 1983 Parking Garage Lease between The Rocca Group Market Square Development Limited, as lessor, and the Sublessor, as lessee, a copy of which has been provided to the Sublessee, the Head Lessor subleased to the Sublessor Parking Garageknown as the Market Square Parking Garage and more particularly described therein , for a term of sixty- six (66) years from May 31, 1983; B. Head Lessor The Rocca Group Market Square Development Limited as lessor under the Parking Garage Lease; and C. The Sublessor has agreed to sublease to the Sublessee a portion of the Parking Garage consisting of 2 parking spaces of approximately 254 Subpremises as shA. FOR VALUE RECEIVED, the parties agree as follows: ARTICLE 1 SUBLEASE Section 1.1 Subpremises (1) The Sublessor hereby subleases the Subpremises to the Sublessee on the terms and conditions contained in this Sublease. (2) The Sublessee acknowledges that: (a) it has inspected the Subpremises prior to taking possession thereof; (b) except as specifically provided in this Sublease, the Subpremises are Sublessor is not responsible for performing any leasehold improvements or other work and the Sublessor makes no representations or warranties as to the state 1 of the Subpremises or whether they are suitable for the Sublessee purposes; (c) the taking of possession of the Subpremises is conclusive evidence as against the Sublessee that, at the time of possession, the Subpremises were acceptable; (d) it has received a copy of the Parking Garage Lease and agrees to abide by its terms as provided for therein, subject to any exceptions contained herein; and (e) all capitalized words and phrases in this Sublease and not defined herein have the meanings given to them in the Parking Garage Lease. Section 1.2 Use of Subpremises (1) The Sublessee acknowledges and agrees that the Subpremises will be used solely for the following purpose (and for no other purpose): to install, maintain, operate, repair, replace, alter and remove a refrigeration system and related equipment (collectively, the Refrigeration Equipment. (2) Subject to the prior written approval of the Sublessor and the Head Lessor (The Hardman Group Limited) in accordance with Section 4.1 hereof, the Sublessee shall also have the right to install, maintain, operate, repair, replace, alter and remove electrical cables, conduits, piping and connectConnecting Equipment the Parking Garage as is necessary to reach the Sublessee Lemongrass Thai Fare from the Subpremises, all as may be reasonably necessary in accordance with this Sublease (the Refrigeration Equipment and Connecting Equipment are Sublessees Equipment (3) The Sublessee acknowledges and agrees that all deliveries to the Refrigeration Equipment shall be made via the Parking Garage loading dock and elevator, or in the event the elevator is not operating, as may otherwise be directed by the Sublessor. ARTICLE 2 TERM th The term of this Sublease shall be for the period commencing on the 15 day of August, th 2016 Commencement Date30 day of June, 2026 Term ARTICLE 3 - RENT Section 3.1 Basic Rent from Commencement Date to June 30, 2021 For the period beginning on the Commencement Date up to and including June 30, 2021, the Sublessee agrees to pay the Sublessor without deduction, abatement or set-off an Basic Rentfive thousand seven hundred and sixty \[$5,760.00\] Dollars per annum, plus HST, payable in equal consecutive monthly instalments of four hundred and st eighty \[$480.00\] Dollars plus HST on the 1 day of each month during this period. 2 Section 3.2 Basic Rent from July 1, 2021 to June 30, 2026 (1) For the period commencing on July 1, 2021 up to and including June 30, 2026, the Basic Rent shall be the then fair market basic rent rate for comparable premises in the area, provided that in no event shall such rate be less than the Basic Rent payable under Section 3.1 hereof. (2) If the parties are unable to agree on the Basic Rent for the period referred to in this Section 3.2 before April 1, 2021, then such Basic Rent shall be determined by arbitration before a sole arbitrator in accordance with the Arbitration Act (New Brunswick). Section 3.3 Additional Rent, Utilities (1) There shall be no additional rent payable by the Sublessee hereunder. (2) The Sublessee shall pay promptly when due all charges, costs, accounts and any other sums payable by reason of the supply of utilities and services to the Subpremises, and the Sublessee shall contract with and pay the supplier(s) directly. The Sublessor shall have no obligation whatsoever to provide utilities or other services to the Subpremsies. Section 3.4 Adjustment of Rent If the Term commences on any day other than the first day of a month or ends on any day other than the last day of a month, Basic Rent for such fraction of a month shall be adjusted on a per diem basis, based upon a period of 365 days. ARTICLE 4 SUBLESSEE Section 4.1 Initial Installation (1) Prior to the commencement of any work or the installation of any of the Sublessee (including without limitation, any Connecting Equipment), the Sublessee shall, at its sole expense, prepare and deliver to the Sublessor working drawings, plans and specifications for such work or installation. Such material shall provide details of the size, function and type of equipment and the manner and location of its installation in the Parking Garage. Within twenty (20) days after receipt of sufficient information, the Sublessor shall either approve the proposed work and installation or provide reasons for its disapproval. Sublessee acknowledges that the prior written consent of the Head Lessor shall also be required with respect to the Connecting Equipment, and that the Sublessor shall seek such approving or disapproving the proposed work and installation. No work or installation shall proceed without the written approval of the Sublessor, and in the case of the Connection Equipment, without the written approval of both the Sublessor and the Head Lessor (such approval not to be unreasonably withheld). The Sublessor may engage independent engineers to review the proposed work, and the Sublessee shall be required to reimburse the Sublessor for the reasonable costs of such reviews. In no event shall the Sublessorval of any work or installation be deemed a representation that the SublesseeParking Garage or 3 that the work or installation proposed by the Sublessee is in compliance with applicable laws, rules and regulations. (2) The Sublessee agrees that any installation or construction it performs shall be carried out in a neat, responsible and workmanlike manner, using generally accepted construction standards, and in compliance with the approved plans and specifications, all legal requirements and such further requirements as shall be reasonably imposed by the Sublessor. Without limitation, the Sublessee shall be responsible for obtaining any building permits or other governmental approvals required for its work. (3) If required by the building inspector, the Subpremises shall be blocked off from motor vehicles with a bollard system approved by the Sublessor, details of which are to be provided with the plans and specifications referred to above. Further, the Sublessee Equipment shall be secured so as to prevent any unauthorized access by or injury to, persons in the Parking Garage. (4) The Sublessee shall not, during construction or otherwise, block access to or in any way obstruct, interfere with or hinder the use of the Parking Garage or any passageways within the Parking Garage. (5) The Sublessee shall not permit any construction lien or any other security interest to be registered against the Parking Garage or the real property on which the Parking Garage is situated. If a lien or other interest is so registered, the Sublessee shall take whatever actions are necessary to have the lien or interest removed including, without limitation, the payment of any money claimed, and shall otherwise indemnify the Sublessor against any claims, liabilities or costs resulting from such lien or security interest. (6) Upon completion of its initial installation, the Sublessee shall provide to the Sublessor as-built drawings showing the Sublesseencluding, without limitation, the location of all piping, cabling and wiring. The Sublessee shall revise and update such as- built drawings as required from time to time upon making any changes or alterations. (7) Sublessee shall also install at its own expense a security camera, in a location near the Refrigeration Equipment as determined by the Sublessor. The said security camera is to be connected to the overall security system for the Market Square Complex, and shall be satisfactory to the Sublessor, acting reasonably. Section 4.2 Removal at End of Term The Sublessee shall, prior to the end of the Term and within fifteen (15) days of any early termination of this Sublease, remove the SublesseeSublessee property from the Subpremises and/or Parking Garage and restore the Subpremises and/or Parking Garage by repairing any damage resulting from the installation, operation or removal of the Sublessee Any property not so removed may, at the Sublessor (a) be removed and stored by the Sublessor at the Sublessee property of the Sublessor without compensation to the Sublessee. Any damage not repaired by the Sublessee within seven (7) days of the later of the SublesseeSublessee Equipment or the termination of this Sublease may be repaired by the Sublessor, and the Sublessee shall remain responsible to the Sublessor for the reasonable costs of such repair. 4 ARTICLE 5 SUBLESSEE The Sublessee covenants with the Sublessor as follows: (1) to pay the Basic Rent and all HST imposed thereon, as provided for herein; (2) to perform and observe all covenants to be observed and performed by the Sublessor under the Parking Garage Lease relating to the Subpremises other than the covenant to pay rent thereunder. The Sublessee shall not do or cause to be done or suffer or permit any act to be done that would or might cause the Parking Garage Lease, or the rights of the Sublessor as lessee under the Parking Garage Lease to be endangered, cancelled, terminated, forfeited or surrendered or which would or might cause the Sublessor to be in default thereunder or liable for any damage, claim or penalty. The Sublessee hereby agrees to defend, indemnify and hold the Sublessor 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 Sublessee of the Subpremises or occasioned wholly or in part by a default by the Sublessee of its obligations under this Sublease, or by any act or omission of the Sublessee, its officers, employees, agents, contractors, invitees, or by any person permitted by the Sublessee to be on the Subpremises, or due to or arising out of any breach by the Sublessee of this Sublease. If the Sublessor shall, without fault on its part, be made a party to any litigation commenced by or against the Sublessee, then the Sublessee shall protect, indemnify and hold the Sublessor harmless in connection with such litigation. The Sublessor may at its option participate in any litigation or settlement discussions relating to the foregoing; (3) without limiting the generality of subparagraph (2) of this Article 5, the Sublessee covenants with the Sublessor to take out and maintain from and after the earlier of the date the Sublessee takes occupancy of the Subpremises and the Commencement Date in the names of the Sublessee, the Sublessor and the Head Lessor and every mortgagee of the Parking Garage, insurance in accordance with the obligations of the Sublessor under Article X of the Parking Garage Lease. All policies required to be obtained by the Sublessee shall contain a waiver of subrogation by the insurer in favour of the Sublessor and the Head Lessor and their respective employees, agents, servants, shareholders, officers and directors and shall contain an undertaking by the insurers to notify the Sublessor in writing not less than thirty (30) days prior to any cancellation or termination thereof. Prior to taking occupancy of the Subpremises the Sublessee shall furnish to the Sublessor certificates of a policy or policies of an insurance company or companies acceptable to the Sublessor, acting reasonably, evidencing that the required insurance coverage has been obtained. If the Head Lessor or the Sublessor incur any additional costs for fire, liability or rental income insurance as a result of the Sublessee occupying the Subpremises, the Sublessee shall reimburse the Head Lessor or the Sublessor, as the case may be, in full for such additional cost, including all expenses related thereto; (4) the Sublessee shall, at its sole expense, maintain and keep in a good state of repair the Subpremises and maintain the Sublesseeer operating and safe condition; (5) the Sublessee shall, at its sole expense, keep the Subpremises in a clean and tidy condition, and not permit garbage, waste or objectionable material to accumulate thereon or in or about the Parking Garage; 5 (6) the Sublessee shall, at its sole expense, repair or replace, as necessary, any damage to the Subpremises and/or Parking Garage and/or to any property owned or leased by the by the Sublessor or any tenant, sublessee or other occupant of the Sublessor which is caused by the Sublessee, or any of its agents, representatives, employees, contractors, subcontractors or invitees; (7) the Sublessee shall not interfere with the use and/or quiet enjoyment of the Parking Garage by the Sublessor or by other tenants, sublessees or other occupants of the Parking Garage. If any such interference occurs, the Sublessee shall correct the interference within twenty-four (24) hours following receipt of written notice. In the event the Sublessee fails to comply with such notice, the Sublessor may take any reasonable action to correct or eliminate such interference, at the expense of the Sublessee; (8) the Sublesseeupt, adversely affect or interfere with other any building systems or equipment serving the Parking Garage. Should any such disruption, adverse effect or interference occur, the Sublessee shall immediately cease operation of the Sublesseel the problem is corrected. In the event the Sublessee fails to cease operations within twenty-four (24) hours following receipt of written notice from the Sublessor, the Sublessor may disconnect the electrical power to the Sublesseech other reasonable action to correct such occurrence at the expense of the Sublessee; (9) the Sublessee shall not cause or allow any hazardous or toxic waste or substances to be used, generated, stored or disposed of on, under or about, or transported to or from, the Subpremises except in strict compliance, at the Sublessee governing environmental matters and any regulations adopted and publications promulgated pursuant thereto, in which case the Sublessee must exercise all necessary and appropriate precautions which a prudent operator would exercise; (10) the Sublessee agrees to comply with: (a) all Parking Garage rules and regulations as promulgated by the Sublessor from time to time, and shall cause its agents, employees, contractors, invitees and visitors to do so; and (b) all applicable laws and governmental requirements and all applicable occupational health and safety legislation, workplace safety legislation and environmental laws. ARTICLE 6 - SUBLESSOR The Sublessor covenants with the Sublessee as follows: (1) for quiet enjoyment; (2) to pay rent in accordance with the terms of the Parking Garage Lease; (3) to perform and observe the covenants on its part contained in the Parking Garage Lease with respect to the Parking Garage so far as such covenants are not required to be performed and observed by the Sublessee, and at all times to keep the Sublessee indemnified against all actions, expenses, claims and demands on account of the non- 6 performance of such covenants so far as such covenants are not required to be performed and observed by the Sublessee. Notwithstanding anything to the contrary herein, the rights that the Sublessee may enjoy pursuant to the Parking Garage Lease shall exist only against the Head Lessor. The Sublessor shall have no duty to perform any obligations of the Head Lessor and shall under no circumstances be responsible or liable to the Sublessee for any default, failure or delay on the part of the Head Lessor in the performance of any obligations under the Parking Garage Lease, nor shall such default of the Head Lessor affect this Sublease or waive or defer the performance of any of the Sublessee such default or failure of performance by the Head Lessor, the Sublessor agrees upon notice from the Sublessee, to make demand upon the Head Lessor to perform its obligations under the Parking Garage Lease; and (4) that the Parking Garage Lease is presently in full force and effect and that all rent and other payments required to be made thereunder have been made to the date hereof. ARTICLE 7 PARKING GARAGE LEASE TO APPLY (1) The Sublessor and the Sublessee acknowledge and agree that: Article III Sections 8.19, 8.21, 8.22 Article XIIA Article XIII of the Parking Garage Lease do not form part of this Sublease, but that, except as modified or amended by this Sublease, all other obligations contained in the Parking Garage Lease that are conferred and imposed upon the Sublessor (as lessee therein) are hereby conferred and imposed upon the Sublessee, with the appropriate changes of reference being deemed to have been made (that is, every reference in the Parking Garage Lease essor such incorporation to a reference to the Sublessor Lessee changed on such incorporation to a reference to the Sublessee, where the context requires), with the intent that such provisions shall govern the relationship in respect of such matters as between the Sublessor and the Sublessee. (2) If there is any conflict between the provisions of this Sublease and the provisions of the Parking Garage Lease that would permit the Sublessee to do or cause to be done or suffer or permit any act or thing to be done which is prohibited by the Parking Garage Lease, then the provisions of the Parking Garage Lease shall prevail. (3) Whenever, under any provision of the Parking Garage Lease so incorporated into this Sublease pursuant to Article 7(1) hereof, the consent or approval of the Head Lessor is required, the Sublessee shall be required to obtain both the consent or the approval of the Head Lessor and the Sublessor. (4) The Sublessee acknowledges and agrees that the benefit of all Sublessor allowances, rent-free periods and inducements, renewal, extension, expansion, first offer, termination, refusal and/or the repossession options and rights under the Parking Garage Lease do not apply to this Sublease or the Sublessee and, for greater certainty, the Sublessee has no entitlement to any such rights or options. 7 ARTICLE 8 DEFAULT (1) If the Sublessee defaults in the performance of any of its obligations hereunder, the Sublessor shall have the same rights and remedies against the Sublessee as the Head Lessor has against the Sublessor as Lessee under the Parking Garage Lease, including, notwithstanding anything to the contrary contained in the Parking Garage Lease and without limitation, the right of immediate re-entry in the case of the non-payment of Basic Rent. (2) In the event of termination of this Sublease by the Sublessor as a result of any default by the Sublessee of any of the covenants and obligations to be observed and performed by it hereunder, the Sublessee shall remain liable for all Basic Rent and other sums due under this Sublease for the remainder of what would have been the Term (less the amount of any net rentals collected upon a reletting for any part of such period), for all damages arising out of its default including damages for the loss of the benefit of this Sublease for the unexpired balance of the Term and for all costs incurred in connection with the reletting of the Subpremises. The Sublessor shall have no duty or obligation to relet the Subpremises or any part thereof. The Sublessor shall have the right to accelerate the rental due hereunder in the event of termination for default. The Sublessor shall also have the right to enter and take possession of the Subpremises in the event of any default and terminate this Sublease. In addition to any and all remedies set forth herein, the Sublessor shall have all remedies available at law or equity and any and all remedies shall be cumulative and non-exclusive. ARTICLE 9 ASSIGNMENT, SUBLEASE Notwithstanding anything to the contrary contained in the Parking Garage Lease, the Sublessee shall not assign this Sublease or sublet the whole or any part of the Subpremises or permit the Subpremises or any part thereof to be used or occupied by others or enter into any other agreement or transaction which may be restricted by the Parking Garage Lease without the previous written consent of the Head Lessor and the Sublessor, which consent by the Sublessor shall not be unreasonably withheld, provided that the refusal by the Head Lessor to any further assignment or subletting shall not be considered an unreasonable withholding of consent by the Sublessor. Notwithstanding any assignment or subletting or other dealings by the Sublessee permitted hereunder, the Sublessee shall continue to be responsible for all of the obligations of the Sublessee under this Sublease. ARTICLE 10 NOTICE Any notice, request or demand herein provided or permitted to be given will be sufficiently given if personally served or mailed by prepaid registered mail as follows: (a) to the Sublessor: The City of Saint John 15 Market Square Saint John, N.B. Attention: \[\] with a copy to: Saint John Development Corporation 8 One Market Square, Suite 301 Saint John, NB E2L 4Z6 Attention: General Manager (b) to the Sublessee: Cro-Bel Inc. 1 Market Square Wharf Saint John, N.B. E2L 4Z6 Attention: Philip Croft Any notice mailed as aforesaid shall be deemed to have been received on the third business day following the date of mailing, except that in the event of any actual or apprehended stoppage or slowdown of the postal system due to any labour dispute, notices shall be considered to have been given only on the date of delivery thereof. ARTICLE 11 MISCELLANEOUS Section 11.1 No Registration The Sublessee shall not register this Sublease or notice thereof on the title of the lands upon which the Subpremises are located. Section 11.2 Effect This Sublease shall be binding upon the parties hereto, their respective successors and permitted assigns and may not be altered, amended or modified except by written instrument executed by each of the parties hereto. Section 11.3 Entire Agreement This Sublease constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or verbal. Section 11.4 Further Assurances Each party shall from time to time promptly execute and deliver all further documents and take all further action reasonably necessary or appropriate to give effect to the provisions and intent of this Sublease. Section 11.5 Waiver One or more waivers of any covenant or condition by the Sublessor shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition and the consent or approval by the Sublessor to or of any act of the Sublessee requiring the Sublessorry the SublessorSublessee. 9 Section 11.6 Binding Nature The submission of this Sublease for examination by the Sublessee, whether or not executed by the Sublessor, shall not constitute an offer or agreement, and there shall be no obligation on the part of the Sublessor to the Sublessee hereunder until the Sublease has been fully executed and delivered by both the Sublessor and the Sublessee. Section 11.7 Interpretation 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. If this Sublease has been executed by more than one party as Sublessee, their obligations hereunder shall be joint and several, and all references to the Sublessee Section 11.8 Counterparts This Sublease 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. Section 11.9 Electronic Delivery Any party may deliver an executed copy of this Sublease by fax or other electronic means and such party shall thereafter promptly deliver to the other parties an original executed copy of this Sublease. Section 11.10 Governing Law This Sublease will be construed and governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. \[signatures on following page\] 10 The parties have executed this Sublease. THE CITY OF SAINT JOHN By: Name: Title: By: Name: Title: CRO-BEL INC. By: Name: Title: By: Name: Title: 11 Schedule A Sketch Showing Subpremises 12