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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
PleaseaddtoaƚƓķğǤƭAgenda.
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/ğƓğķğƭapplicationforthepipelineandtankfarmplannedforRedIĻğķΉ!ƓƷŷƚƓǤƭCove.Hehassinceupdated
thereport(afterTransCanadacompletedtheirapplicationtotheNEB)andhasmuchtosayaboutthehealthrisksto
yourcommunityandresidents.Hisreportisentitled,ͻ 9ƓǝźƩƚƓƒĻƓƷğƌIĻğƌƷŷźƓwĻķIĻğķʹŷĻ9ƓĻƩŭǤ9ğƭƷtƩƚƆĻĭƷ 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
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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
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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
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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(andifyoulookatanyTimIƚƩƷƚƓƭdrivethrough,theyhavemorelitterthananyotherdrive
throughIhaveseen).Thisfacilitywhichwillbeontopofthehill,withusbelowit,willincreasethegarbageonour
properties,street,andschool.Itwouldbeniceifthepropertymanagementcouldpromiseroutinegarbagepickup.
Additionalbuildings:Onceafacilityhasproventobefinanciallysuccessful(andƌĻƷƭbehonesttheywouldnot
bebuildingandrezoningiftheydidnotthinkthiswouldbethecase),moreestablishmentswilllikelywanttobuildnear
aprofitableestablishmentwithlotsofparking.Isthereothercompaniesthathaveexpressedinterestinbuildinginthis
newarea?Thiswillresultincreasedtraffic.
1
Removaloftrees/PollutionΑIpurchasedmypropertybecauseitfeltlikeͻĭƚǒƓƷƩǤlivingintheĭźƷǤͼ͵Thereisa
beautifultreedareawhichishometomuchwildlifeincludingafamilyofdeer.Iwouldobjecttoremovaloftreesorany
negativeenvironmentalimpactontheanimals.Also,everyoneofourneighbourshas12dogsandmostwithchildren
too.Whatisthenegativeenvironmentalimpact(increasedtraffic,garbage,pollutionfromconstruction,etc.)?The
buildingofthenewTimIƚƩƷƚƓƭwillalsohavenoisepollutionandmostofthepropertyownersworkshiftworkatthe
Hospital.
IncreasedflowoftrafficΑCourtenayAveisastreetwhichhas2schoolsand2differentschoolzones.Currently
therearenoreducedspeedsignsadvisingofsuch(althoughLLRoadandBaysidehavereductionofspeedsignsforthe
sameschoolzones).CourtenayAvehasaturnattheverytop,justbeforewhatwillbeanentrancetotheLLMalland
thenewproposedTimIƚƩƷƚƓƭ͵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
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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
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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
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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
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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.
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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
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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.
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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;
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(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-
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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.
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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.
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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.
\[signatures on following page\]
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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:
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Schedule A
Sketch Showing Subpremises
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