2022-05-16_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Monday, May 16, 2022
6:00 pm
2nd Floor Common Council Chamber, City Hall
An Electronic means of communication will be used at this meeting. The public may attend the meeting in
person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers
TV.
Pages
1. Call to Order
1.1. Land Acknowledgement
1.2. National Anthem
2. Approval of Minutes
2.1. Minutes of May 2, 2022
5 - 17
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1. Contract No. 2022-783001 P — Design, Supply, and Build Playground
18 - 21
Development— Forest Hills School (Recommendation in Report)
5.2. Movement of Mobilizing Municipalities (Recommendation in Report)
22 - 23
5.3. 2022 General Specifications Revisions (Recommendation: Receive for
24 - 47
Information)
5.4. StormWnd IT Online Training Website Agreement (Recommendation in
48 - 71
Report)
5.5. Contract No. 2021-14: Germain Street (St. James Street to Lower Cove Loop)
72 - 78
& Lower Cove Loop —Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction (Recommendation in Report)
5.6. Contract No. 2022-04: Mecklenburg Street (Wentworth Street to Crown Street) 79 - 83
— Water, Sanitary and Storm Sewer Renewal and Street Reconstruction
(Recommendation in Report)
5.7. Designation of a By-law Enforcement Officer (Recommendation in Report) 84 - 90
5.8. Fundy Quay Public Space — Infrastructure Canada Project Scope Change 91 - 95
(Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
9.1. Proposed Amendment to Heritage Conservation Areas By -Law at 66 Sydney 96 - 132
Street with recommendation to deny the application
10. Consideration of By-laws
10.1. Procedural By -Law Amendment — Electronic Meetings (1 st and 2nd Reading) 133 - 136
10.2. By -Law respecting Code of Conduct for Elected Members of Common Council 137 - 166
(3rd Reading)
11. Submissions by Council Members
11.1. Reversing Falls Parking Lot and Tourist Attraction (Councillor Ogden)
12. Business Matters - Municipal Officers
13. Committee Reports
13.1. Growth Committee Recommendation: Special Events Policy Statement
13.2. Growth Committee Recommendation: Saint John Industrial Parks Strategic
Update and Funding Request
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1. Saint John Board of Police Commissioners: Level II Security Clearance
167 - 167
168 - 190
191 - 206
207 - 207
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(Recommendation: Receive for Information)
16.
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15.2. Minister of Justice and Attorney General of Canada re racial discrimination 208 - 209
(Recommendation: Receive for Information)
15.3. Compassionate Grief Centre - Cocktails for a Cause Event (Recommendation: 210 - 210
Refer to Clerk to purchase tickets for interested Council members)
Supplemental Agenda
16.1. Summer Ice at Peter Murray Arena in partnership with Lord Beaverbrook Rink 211 - 222
Committee of the Whole
17.1. Termination of Lease - 450 Fallsview Drive 223 - 223
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, May 16, 2022
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the
provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:30 p.m., 2nd Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Financial Matter 68(1)(c)
1.3 Financial Matter 68(1)(c,f)
1.4 Financial Matter 68(1)(c)
1.5 Financial Matter 68(1)(c)
1.6 Employment Matter 68(1)(j)
Ville de Saint John
Seance du conseil communal
Lundi 16 mai 2022
18h
2e etage, salle du conseil communal, hotel de ville
Un moyen de communication electronique sera utilise lors de cette reunion. Le public
peut assister a la reunion en personne dans la salle du conseil ou la regarder sur le
site Web de la ville (www.saintiohn.ca) ou sur Rogers TV.
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage
1.1 Approbation du proces-verbal 68(1)
1.2 Question financiere 68(1)(c)
1.3 Question financiere 68(1)(c,f)
1.4 Question financiere 68(1)(c)
1.5 Question financiere 68(1)(c)
1.6 Question d'emploi 68(1)(j)
Seance ordinaire
1. Ouverture de la seance
1.1 Reconnaissance du territoire
1.2 Hymne national
2. Approbation du proces-verbal
2.1 Proces-verbal du 2 mai 2022
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3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1. Contrat n' 2022-783001P - Conception, fourniture et construction d'une
aire de jeux - Ecole Forest Hills (Recommendation clans le rapport)
5.2 Mouvement de mobilisation des municipalites (recommendation du
rapport)
5.3 2022 Revisions des specifications generales (Recommendation : Recevoir
pour information)
5.4 Accord sur le site Web deformation en ligne de StormWind IT
(Recommendation clans le rapport)
5.5 Contrat n' 2021-14 : Rue Germain (de la rue St. James a Lower Cove
Loop) et Lower Cove Loop - Renouvellement des reseaux d'aqueduc,
d'egouts sanitaires et d'egouts pluviaux et reconstruction des rues
(recommendation clans le rapport)
5.6 Contrat n' 2022-04 : Rue Mecklenburg (de la rue Wentworth a la rue
Crown) — Renouvellement des reseaux d'aqueduc, d'egouts sanitaires et
d'egouts pluviaux et reconstruction des rues (Recommandation clans le
rapport)
5.7 Designation d'un agent d'application des reglements municipaux
(recommendation du rapport)
5.8 Espace public de Fundy Quay — Modification de la portee du projet
d'Infrastructure Canada (recommandation clans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques
9.1 Proposition de modification du reglement sur les zones de conservation
du patrimoine au 66, rue Sydney avec recommandation de rejeter la
demande
10. Etude des arretes municipaux
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10.1 Modification du reglement de procedure — Reunions electroniques (1,e et
2e lectures)
10.2 Reglement sur le code de deontologie des membres elus du conseil
communal (3e lecture)
11. Interventions des membres du conseil
11.1 Parc de stationnement et attraction touristique de Reversing Falls
(conseiller Odgen)
12. Affaires municipales evoquees par les fonctionnaires municipaux
13. Rapports deposes par les comites
13.1 Recommandation du Comite de croissance : Declaration de politique sur les
evenements speciaux
13.2 Recommandation du Comite de croissance : Mise a jour strategique et
demande de financement pour les pares industriels de Saint John
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
15.1 Conseil des commissaires de police de Saint John : Habilitation de
securite de niveau II (recommendation : Recevoir pour information)
15.2 Ministre de la Justice et procureur general du Canada concernant la
discrimination raciale (Recommandation : Recevoir pour information)
15.3 Compassionate Grief Centre - Cocktails for a Cause - L6nement
(Recommandation : Demander au greffier d'acheter des billets pour les
membres du conseil interesses.)
16.Ordre du jour supplementaire
16.1 Summer Ice a I'arena Peter Murray en partenariat avec la patinoire Lord
Beaverbrook
17. Comite plenier
17.1 Resiliation du bail —450, promenade Fallsview
18. levee de la seance
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MAY 2, 2022 AT 6:00 PM
2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL
An Electronic means of communication will be used at this meeting. The public may
attend the meeting in person in the Council Chamber or view the meeting on the City's
Website (www.saintjohn.ca) or on Rogers TV
Present:
Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Gary Sullivan
Councillor -at -Large Brent Harris
Councillor Ward 1 Joanna Killen
Councillor Ward 1 Greg Norton
Councillor Ward 2 Barry Ogden
Councillor Ward 3 David Hickey
Councillor Ward 3 Gerry Lowe
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Also Present:
City Manager J. Collin
General Counsel M. Tompkins
Commissioner Human Resources S. Hossack
Deputy Fire Chief & Chief M. Carr
Commissioner Utilities & Infrastructure Services B. McGovern
Commissioner Growth & Community Services J. Hamilton
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner Public Works and Transportation Services M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
Administrative Officer R. Evans
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
1. Call to Order
Mayor Noade Reardon read aloud the Land Acknowledgement and called for a moment
of reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of
the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous
Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace
and Friendship Treaties with the British Crown in the 1700s that protected their rights to
lands and resources."
1.2 National Anthem
The Saint John Highschool Choir under the direction of Choir Director Trish Gallagher
performed O Canada by video.
2. Approval of Minutes
2.1 Minutes of April 19th, 2022
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the meeting minutes of April 19th, 2022 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie:
RESOLVED that the meeting agenda of May 2, 2022 be adopted with the addition of the
following items:
• 17.1 City Market Lease Renewal with the Butcher's Daughter Gift Shoppe
• 17.2 City Market Lease Renewal with Dae Leon Lee dba. Howard's Convenience
• 17.3 Professional Services Agreement for Strategic Governance Training for
Council.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
Councillor Killen declared a conflict of interest with the City Market items 17.1 and 17.2.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report entitled
Subdivision Application 1965 Sandy Point Road,
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C.1
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
1. Common Council rescind paragraph 3 of its resolution of February 3, 2014, related
to the assent to Lands for Public Purposes; and
2. Common Council assent to money -in -lieu of Land for Public Purposes in the
Fieldstone Estates Subdivision in relation to any amounts owing for existing development
and amounts required in conjunction with future development.
5.2 That as recommended by the City Manager in the submitted report M&C 2022-
139: License for Loyalist Day Military Gun Salute at 289 Sydney Street, The City of Saint
John enter into a License Agreement with Her Majesty The Queen In Right Of Canada,
as represented by the Minister of National Defense, generally in the form as attached to
M & C #2022-139, for the purpose of conducting a Loyalist Day 21 Gun Salute on a portion
of PID Nos. 2444 and 55147482 at 289 Sydney Street, and further that the Mayor and City
Clerk be authorized to execute the said License Agreement.
5.3 That as recommended by the City Manager in the submitted report M&C 2022-
141: Appointment of a Heritage Officers Pursuant to the Heritage Conservation Act,
Common Council appoint Mr. Rodrigo Mendes Campos, Ms. Melissa Wakefield, and Mr.
Morgan Lanigan of EXP Architects as Heritage Officers for the City of Saint John pursuant
to Section 54 of the New Brunswick Heritage Conservation Act.
5.4 That as recommended by the City Manager in the submitted report M&C 2022-143
License Agreement for Inspire Festival Mural on City Property Common Council approve
the following:
1. The City enter into a License agreement as attached to M&C 2022-143 with Art for Art's
Sake (Festival Inspire) hereby called the "Organizer" to grant its agents, employees,
partners, and contractors' access to and use the City owned property identified as PID No.
55084420 (retaining wall) for the installation of a mural marking Festival Inspire/Memorial
Cup subject to the following terms and conditions:
a. the Licence shall commence on May 10th, 2022 and conclude at 11:59 pm (local
time) on 21, 2022. If the artist should require additional days, the project will be
extended several days (allowing for possible rain days) but not exceed June 1st,
2022
b. Arts for Art's Sake shall, at no expense to the City, obtain and maintain in full force
and effect during the entire term of this Licence, a Commercial General Liability
Insurance policy with policy limits of not less than five million dollars
($5,000,000.00) inclusive per occurrence for bodily injury and property damage;
which policy shall name the City as an additional insured and shall contain a cross -
liability clause;
c. proof of insurance stated in (b) above is due on or before close of business May
10th, 2022;
d. the Organizer is responsible for security of the area and their property;
e. the Organizer is responsible for the installation of barricades and signage directing
pedestrian traffic away from the site, and the removal of barricades and signage
upon completion of the project.
f. the site is to be thoroughly cleaned to the satisfaction of the City of Saint John
representatives when the event has concluded;
g. Art for Art's Sake or its representatives be authorized to make application for any
permit that is required in conjunction with the Festival Inspire event; and
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
2. That the Mayor and Common Clerk be authorized to execute the License Agreement
5.5 That the submitted report M&C 2022-134: Deterring Nuisance Geese in City
Recreational Areas, be received for information.
5.6 That as recommended by the City Manager in the submitted report M&C 2022-
142: Proposed Public Hearing Date - Wild Fox Drive/Manawagonish Road, Common
Council schedule the public hearing for the Zoning By-law rezoning application submitted
by Don -More Surveys & Engineering Ltd. for Wild Fox Drive/Manawagonish Road (PIDs:
part of 55191373, part of 55240139, part of 55191381) for Monday, July 11, 2022 at 6:30
p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB.
5.7 That as recommended by the City Manager in the submitted report M&C 2022-
147: Submission to the NB Commissioner on Systemic Racism, Common Council
authorize the Mayor to sign a letter, generally in the form as attached to M&C No. 2022-
147, and submit it to the Office of the Commissioner on Systemic Racism no later than
May 15, 2022.
5.8 That as recommended by the City Manager in the submitted report M&C 2022-
149: Canadian Corps of Commissionaires NB & PE/ Division 2022 Service Agreement,
the City enter into an Agreement for Security and Related Services with the Canadian
Corp of Commissionaires N.B. & P.E.I. Division, Inc. in the form attached to M&C No.
2022-149; and that the Mayor and City Clerk be authorized to execute said Agreement
and any documents ancillary thereto.
5.9 That as recommended by the City Manager in the submitted report M&C 2022-
138: Contract No. 2022-08: Dominion Park Road - Sanitary Force Main, the contract be
awarded to the low Tenderer, Maguire Excavating Ltd., at their tendered price of
$149,221.13 (including HST) as calculated based upon estimated quantities, and that the
Mayor and City Clerk be authorized to execute the necessary contract documents.
5.10 That as recommended by the City Manager in the submitted report M&C 2022-
153: Network Resource establishment Increase to Support SCADA, Common Council
approve the addition of one Network Specialist to the City's establishment to support the
maintenance of Saint John Water's SCADA System.
5.11 That as recommended by the City Manager in the submitted report M&C 2022-
152: Tender 2022-681001 T- Phosphate for Corrosion Control, the tender for the
establishment of a supply agreement for Phosphate for corrosion control for the Loch
Lomond Drinking Water Treatment Facility and the South Bay Wellfield Water Treatment
Facility be awarded to the lowest compliant bidder, Brenntag Canada Inc., for a one-year
term.
5.12 That as recommended by the City Manager in the submitted report M&C 2022-
136: Appointment of Chairperson and Vice -Chairpersons for Saint John Substandard
Properties Appeal Committee, Common Council adopt the resolution appointing Don
Cullinan as Chairperson with Natacha Bujold and David Brown appointed as Vice -
Chairpersons to the Saint John Substandard Properties Appeal Committee in the form
attached to M&C No. 2022-136.
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
5.13 That as recommended by the City Manager in the submitted report M&C 2022-
137: Contract 2022-06: Coleson Cove Raw Water Transmission Main Upgrades Phase 2,
the contract be awarded to the low tenderer, Fairville Construction Ltd., at the tendered
price of $535,900.00 (including HST) as calculated based upon estimated quantities, and
further that the Mayor and City Clerk be authorized to execute the necessary contract
documents.
5.14 That as recommended by the City Manager in the submitted report M&C 2022-
148: Highway Usage Permit and Crossing Agreement for the 2022 Memorial Cup - Legacy
Project:
• The Mayor and City Clerk be authorized to execute the Maritimes & Northeast
Pipeline Crossing Agreement in the form attached to M&C No. 2022-148 for
purposes of allowing the construction and operation of the Memorial Cup -
Legacy Project.
• The Mayor and City Clerk be authorized to execute the Department of
Transportation and Infrastructure Highway Usage Permit in the form attached
to M&C No. 2022-148 for purposes of allowing the construction and operation
of the Memorial Cup - Legacy Project.
5.15 That as recommended by the City Manager in the submitted report M&C 2022-
154: Request for Proposals 2022 - 085001 P: Public Space at Market Slip and Harbour
Passage Extension - Ice Rink Refrigeration Equipment, Common Council approve the
following:
1) The proposal from Custom Ice Inc. to supply ice rink refrigeration equipment in the
amount of $179,400.00 plus HST as calculated based upon estimated quantities
be accepted;
2) Supply Chain Management be authorized to purchase the ice rink refrigeration
equipment; and
3) That the Mayor and City Clerk be authorized to execute any necessary contract
documents.
5.16 That as recommended by the City Manager in the submitted report M&C 2022-
155: Request for Proposals 2022-562001 P: Public Space at Market Slip and Harbour
Passage Extension - Water Fountain Mechanical Equipment, Common Council approve
the following:
1) The proposal from ABC Recreation Ltd. to supply water fountain mechanical
equipment in the amount of $216,899.07 plus HST as calculated based upon
estimated quantities be accepted;
2) Supply Chain Management be authorized to purchase the water fountain
mechanical equipment; and
3) That the Mayor and City Clerk be authorized to execute any necessary contract
documents.
5.17 That as recommended by the City Manager in the submitted report M&C 2022-
156: Request for Proposals 2022- 562001P: Public Space at Market Slip and Harbour
Passage Extension - Granite Block Supply, Common Council approve the following:
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
1) The proposal from Polycor Inc. to supply 299 pieces of granite blocks in variety of
styles in the amount of $210,653.30 plus HST as calculated based upon estimated
quantities be accepted;
2) Supply Chain Management be authorized to purchase the granite blocks; and
3) That the Mayor and City Clerk be authorized to execute any necessary contract
documents.
5.18 That as recommended by the City Manager in the submitted report M&C 2022-
157: Request for Proposals 2022- 544001 P: Public Space at Market Slip and Harbour
Passage Extension - Glazed Structures, Common Council approve the following:
1) The proposal from Openaire Inc. to supply Glazed Structures in the amount of
$1,123,000.00 plus HST as calculated based upon estimated quantities be
accepted;
2) Supply Chain Management be authorized to purchase the glazed structures; and,
3) That the Mayor and City Clerk be authorized to execute any necessary contract
documents.
5.19 That as recommended by the City Manager in the submitted report M&C 2022-
151: Roof Rehabilitation Fire Station #1: 47 Leinster Street, the tender submitted by
Dowd Roofing Inc., for the Roof Rehabilitation at Fire Station #1 in the amount of
$83,375.00 including HST be accepted; and that the Mayor and City Clerk be
authorized to execute the necessary contract documents.
5.20 That as recommended by the City Manager in the submitted report M&C 2022-
160: Roof Rehabilitation Various Water Facilities, Common Council approve the following:
1. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at the
Millidgeville Wastewater Treatment in the amount of $468,855.00 including
HST be accepted; and that the Mayor and City Clerk be authorized to execute
the necessary contract documents.
2. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at the
Eastern Wastewater Treatment Facility in the amount of $107,778.00 including
HST be accepted; and that the Mayor and City Clerk be authorized to execute the
necessary contract documents.
3. The tender submitted by Dowd Roofing Inc., for the Roof Rehabilitation at Spruce
Lake Pumping Station in the amount of $130,053.50 including HST be accepted;
and that the Mayor and City Clerk be authorized to execute the necessary contract
documents.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
7. Proclamation
7.1 Emergency Preparedness Week - May 1 to May 7, 2022
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
Mayor Noade Reardon declared the Week May 1 to May 7, 2022 Emergency
Preparedness Week in the City of Saint John.
7.2 World Press Freedom Day - May 3, 2022
Mayor Noade Reardon declared May 3rd, 2022 World Press Freedom Day in the City of
Saint John.
7.3 National Police Week - May 8 to May 14, 2022
Mayor Noade Reardon declared the Week May 8 to May 14, 2022 National Police Week
in the City of Saint John.
8. Delegations/Presentations
9. Public Hearings - 6:30pm
9.1 Proposed Section 59 Amendment — 117 Carleton Street
The City Clerk advised that the necessary advertising was completed with regard to the
proposed Section 59 amendment amending the Section 59 conditions imposed on the
March 17, 2008, rezoning of the parcel of land, located at 117 Carleton Street, also
identified as PID 00037598, to allow for additional commercial uses, with no written
objections received.
Mayor Noade Reardon opened the Public Hearing.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with the Applicant Jeremy Miller presenting.
Mayor Noade Reardon closed the Public Hearing.
Moved by Councillor Killen, seconded by Councillor Stewart:
RESOLVED that Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, hereby discharge the resolution adopted on March 17, 2008,
imposed on the rezoning of a parcel of land located at 117 Carleton Street, also identified
as PID Number 00037598, and which was made pursuant to the provisions of Section 59
of the Community Planning Act in effect at the time (RSNB 1973 as amended).
MOTION CARRIED.
10. Consideration of By -Laws
10.1 Proposed Municipal Plan Amendment — 1461 Manawagonish Road — Public
Presentation
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
Commissioner Hamilton read into the record the public presentation for a proposed
amendment to the Municipal Development Plan that would redesignate on Schedule A of
the Municipal Development Plan, land having an approximate area of 0.25 hectares,
located at 1461 Manawagonish Road, also identified as PID 00397539, from Regional
Retail Centre to Stable Area; and, redesignate on Schedule B of the Municipal
Development Plan, land having an approximate area of 0.25 hectares, located at 1461
Manawagonish Road, also identified as PID 00397539, from Regional Retail Centre, to
Stable Residential to permit a residential development.
Written objections to the proposed amendment may be made to the Council, in care of the
City Clerk or Department of Growth and Community Development, by June 1, 2022.
10.2 Revised Code of Conduct (1 st and 2nd Readi
Consideration was given to the submitted report M&C 2022-150: Revised Code of
Conduct.
Moved by Councillor Killen, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "By -Law Number L.G.-5 A By -Law respecting the
Code of Conduct for Elected Members of the Common Council of The City of Saint John",
repealing and replacing the by-law enacted on the 8t" day of July 2019, and all
amendments thereto, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number L.G.-5 A By -Law respecting
the Code of Conduct for Elected Members of the Common Council of The City of Saint
John."
Moved by Councillor Radwan, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number L.G.-5 A By -Law respecting the
Code of Conduct for Elected Members of the Common Council of The City of Saint John",
repealing and replacing the by-law enacted on the 8t" day of July 2019, and all
amendments thereto, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number L.G.-5 A By -Law
respecting the Code of Conduct for Elected Members of the Common Council of The City
of Saint John."
10.3 A By -Law respecting the Regulation of Ridesharinq Companies in The City of Saint
John (31d Reading)
Commissioner Hugenholtz advised there was commentary during 1 st and 2nd reading. Staff
reviewed the provisions and no changes to the language are being recommended. In the
future a regional framework to allow regional rideshare may be considered.
Moved by Councillor Hickey, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the
Regulation of Ridesharing Companies in The City of Saint John," be read in summary.
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COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
MOTION CARRIED.
The by-law entitled "By -Law Number L.G. 18 A By -Law respecting the Regulation of
Ridesharing Companies in The City of Saint John," was read in summary only.
Moved by Councillor Lowe, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number L.G. 18 A By -Law respecting the
Regulation of Ridesharing Companies in The City of Saint John," be read a third time,
enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled "By -Law Number L.G. 18 A By -Law respecting
the Regulation of Ridesharing Companies in The City of Saint John."
10.4 A Law to Amend a By -Law respecting Water and Sewerage (31d Reading)
Moved by Councillor Sullivan, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law
respecting Water and Sewerage," repealing and replacing Schedule "E" Raw Industrial
Water Customers and Rates, be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law respecting Water
and Sewerage" was read in its entirety.
Moved by Councillor Radwan, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number M-16 A Law to Amend a By -Law
respecting Water and Sewerage," repealing and replacing Schedule "E" Raw Industrial
Water Customers and Rates, be read a third time, enacted, and the Corporate Common
Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number M-16 A Law to Amend a
By -Law respecting Water and Sewerage."
10.5 By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint
John (31d Reading)
Moved by Deputy Mayor, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the
Closing of Roads, Streets or Highways in The City of Saint John," regarding a portion of
Chipman Hill by adding thereto Section 6 immediately after Section 5 thereof, be read.
MOTION CARRIED
The by-law entitled, "By -Law Number L.G. 4 A By-law respecting the Closing of Roads,
Streets or Highways in The City of Saint John" was read in its entirety.
13
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
Moved by Councillor Hickey, seconded by Councillor Killen:
RESOLVED that the by-law entitled, "By -Law Number L.G. 4 A By-law respecting the
Closing of Roads, Streets or Highways in The City of Saint John," regarding a portion of
Chipman Hill by adding thereto Section 6 immediately after Section 5 thereof, be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number L.G. 4 A By-law respecting
the Closing of Roads, Streets or Highways in The City of Saint John."
11. Submissions by Council Members
11.1 Discussion on Housing (Councillor Harris)
Moved by Councillor Harris, seconded by Councillor Ogden:
RESOLVED that:
Recognizing the shifting landscape of housing in Saint John and across Canada and
recognizing the new provincial and federal initiatives around housing in the past month,
Council direct the City Manager to consider our cities alignment with these new programs,
funding opportunities, and initiatives to increase the city of Saint John's attractiveness to
outside investment. We need to do this to build more affordable and market rate housing
faster. This includes consideration and recommendations from staff to council around the
following policy options (but not limited to) suggested by housing experts:
• Providing non-profit & Cooperative housing corporations with "right -of -first -refusal"
around apartment sales
• Incentivizing higher density developments around rapid transit and active
transportation corridors
• Tax increment financing (TIF) which is typically used for redevelopment or
revitalization
• Expropriation through Urban Renewal legislation around areas of the city with
abandoned buildings
• Elimination of parking minimums around rapid -transit routes
• Inclusionary zoning policy. (In new builds or renovations, we apply the 10/10/10
rule which means 10% of the units must be accessible, 10% must be affordable,
and 10% must have 3 bedrooms.)
The timeline on this suite of recommendations would be 3-5 months to best prepare for
budget 2023 and work plan 2023.
MOTION CARRIED.
11.2 Municipalities Mobilizing (Deputy Mayor MacKenzie)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey:
RESOLVED that the City Manager be directed to investigate the City of Saint John joining
Municipalities Mobilizing and come back with a recommendation.
10
14
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
MOTION CARRIED.
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 134 Taylor Ave (PID
00046375)
The Mayor read the cautionary demolition statement as follows:
"The information which has been provided in the Council Kit includes the report of the
Building Inspector stating that the building located at 134 Taylor Ave (PID 00046375) is a
hazard to the safety of the public by virtue of its being amongst other things, dilapidated
or structurally unsound. Is there present an owner, including anyone holding any
encumbrance upon this property, who wishes to present evidence to the contrary, i.e., that
the building is structurally sound and not dilapidated?"
No one came forward to present evidence
Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2022-140: Demolition of Vacant, Dilapidated and Dangerous Building at 134 Taylor Ave
(PID 00046375), that the building located at 134 Taylor Ave, PID# 00046375, is to be
demolished as it has become a hazard to the safety of the public by reason of dilapidation;
and
BE IT FURTHER RESOLVED, that the building located at 134 Taylor Ave, PID#
00046375, is to be demolished as it has become a hazard to the safety of the public by
reason of unsoundness of structural strength; and
BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed
and designated under the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law are hereby authorized to arrange for the demolition, in accordance with
the applicable City purchasing policies.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separate from Consent Agenda
15. General Correspondence
15.1 Saint John Board of Police Commissioners: Election of Officers
(Recommendation: Receive for Information)
Moved by Councillor Stewart, seconded by Councillor Hickey:
RESOLVED that the letter from T. Kelly, Chair Saint John Board of Police Commissioners
re: Saint John Board of Police Commissioners Election of Officers be received for
information.
11
15
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
MOTION CARRIED
Councillor Stewart withdrew from the meeting
15.2 ME Carpenter: Council transit representative mandated obligations
(Recommendation: Refer to City Manager)
Moved by Councillor Killen, seconded by Councillor Ogden:
RESOLVED that the letter from ME Carpenter re: Council transit representative mandated
obligation, be referred to the City Manager.
MOTION CARRIED.
Councillor Stewart re-entered the meeting.
15.3 Saint John Theatre Company: Request for Support (Recommendation: Refer to
the Growth Committee)
Moved by Councillor Killen, seconded by Councillor Radwan:
RESOLVED that the letter from S. Tobias, Saint John Theatre Company re: Request for
support for the re -development of the Sydney Street Court House, be referred to the
Growth Committee.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
Having declared a conflict of interest, Councillor Killen withdrew for discussion of items
17.1 and 17.2.
17.1. City Market Lease Renewal with the Butcher's Daughter Gift Shoppe
Moved by Councillor Hickey, seconded by Councillor Sullivan:
RESOLVED that, as recommended by the Committee of the Whole, having met on May
2, 2022, the City renew the Lease for Stall A and ancillary spaces in the City Market
with the Butcher's Daughter Gift Shoppe Inc., under the terms and conditions as set out
in the Lease submitted with M&C 2022-144; and
That the Mayor and City Clerk be authorized to execute any necessary documents.
MOTION CARRIED with Councillor Radwan voting nay stating for the record that she is
in support of the businesses but feels the leases should be tightened up in the
forthcoming City Market Strategic Plan.
17.2 City Market Lease Renewal with Dae Leon Lee dba. Howard's Convenience
Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie:
12
COMMON COUNCIL / CONSEIL COMMUNAL
May 2nd, 2022 / le 2 mai 2022
RESOLVED that, as recommended by the Committee of the Whole, having met on May
2, 2022, the City renew the Lease for Stall D-1 and ancillary spaces in the City Market
with Dae Leon Lee, operating under the registered business name Howard's
Convenience, under the terms and conditions as set out in the Lease submitted with M&C
2022-145; and
That the Mayor and City Clerk be authorized to execute any necessary documents
MOTION CARRIED with Councillor Radwan voting nay stating for the record that she is
in support of the businesses but feels the leases should be tightened up in the
forthcoming City Market Strategic Plan.
Councillor Killen re-entered the meeting.
17.3 Professional Services Agreement for Strategic Governance Training for Council
Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie:
RESOLVED that, as recommended by the Committee of the Whole, having met on May
2, 2022, the City enter into the Professional Services Agreement, generally in the form as
presented to Committee of the Whole at its meeting held May 2, 2022, with Strategic
Governance Consulting Services Ltd., for the purpose of providing Strategic Governance
Training for Council Members and that the Mayor and Clerk be authorized to execute the
said Agreement.
MOTION CARRIED
18. Adjournment
Moved by Councillor Lowe, seconded by Councillor Sullivan:
RESOLVED that the meeting of Common Council held on May 2nd, 2022 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:50 p.m.
13
17
COUNCIL REPORT
M&C No.
2022-162
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Contract No. 2022-783001P — Design, Supply, and Build
Playground Development — Forest Hills School
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Cameron Whitcomb
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that the proposal from ABC Recreation, for the design,
supply and installation of playground equipment for Contract No. 2022-
783001P — Design, Supply, and Build Playground Development — Forest Hills
School in the amount of $420,770.95 (including HST) be accepted and that the
Mayor and City Clerk be authorized to execute the necessary contract
documents.
EXECUTIVE SUMMARY
The work at the City's District Park located at the Forest Hills School includes
upgrading/renewal of a large portion of the existing playground that is
currently past its useful life. The purpose of this report is to recommend that
Council award 2022-783001P — Design, Supply, and Build Playground
Development — Forest Hills School to ABC Recreation.
PREVIOUS RESOLUTIONS
November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund
Capital Budgets, approved.
November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community
- Building Fund (Formerly the Gas Tax Fund) Capital Investment Plan & General
Fund Capital Program — Revision I, approved.
iF:3
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REPORT
BACKGROUND
The approved 2022 General Fund Capital Program includes funding for design
and construction costs to upgrade and replace a large portion of the existing
playground that is currently past its useful life. The finalization of the design
will commence immediately following award of the services and execution of
the subsequent Agreement.
A Request for Proposal (RFP) was advertised to engage qualified
individuals/firms to provide proposal submissions for the design, supply and
installation of playground equipment at the City's District Park located at Forest
Hills School.
PURPOSE
The purpose of this report is to make a recommendation for a qualified firm to
provide design, supply and installation services for this project.
ANALYSIS
With a comprehensive terms of reference document developed by staff, a
public call for proposals was made for qualified individuals/firms to design,
supply and install playground equipment services. The Request for Proposal
(RFP) closed on April 141h, 2022, with two responses received from the
following playground design companies:
ABC Recreation, Bedford, NS
Tessier Recreo-Parc, Nicolet, Quebec
A Review Committee consisting of staff from Supply Chain Management,
Utilities and Infrastructure Services, and Parks and Recreation Services was
formed to evaluate the submissions.
Each member completed an independent review of the submissions, and a
meeting was held to discuss the details of the submissions. The Review
Committee came to a conclusion on their recommendation, which follows later
in the report.
The evaluation process uses the expertise of a variety of staff from Supply
Chain Management, Engineering, and Parks and Recreation to ensure a
thorough review of the submissions. Care must be taken to ensure that the
necessary level of effort and expertise is being directed to the various tasks
involved in the work, while still ensuring that costs to be incurred are
11111061
-3-
appropriate and controllable. It is for these reasons that cost, although very
important, cannot be the sole nor most critical deciding factor in making the
selection of qualified individuals/firms that provide design, supply and
installation services.
The Committee was tasked with the role of reviewing the submissions against
the proposal evaluation criteria as defined in the proposal call document. The
criteria consisted of the following:
1. Experience and References — Has the proponent provided sufficient
experience in the field of expertise required by the scope of work? Has
the proponent completed the Reference Form?
2. Quality and Completeness of Proposal— Has the proponent addressed
all the needs identified and is the proposal presented in an organized
and professional manner? Have specification sheets and warranty
information been provided?
3. Specifications and Quality of Design and Equipment — Has the
proponent demonstrated that they can meet or exceed the
specifications outlined? Has the proponent provided an acceptable
delivery timeframe and schedule?
4. Creativity and Theme — Has the proponent provided propositions and
recommendations that demonstrate an innovative approach to the
completion of the assignment utilizing all potential resources available
to them? Has the proponent considered a theme?
5. Cost — Has the proponent completed the Pricing Form(s)? Has the
proponent utilized, without exceeding, the available budget?
After careful, independent consideration of presentation, company
experience, personnel and technical proposal, the Review Committee
discussed the findings of each member. After completion of the "technical"
evaluation, the financial proposals were opened and evaluated. The financial
proposals were submitted separately and were not part of the technical
review.
After due consideration, the Review Committee selected the submission from
ABC Recreation as it met all the requirements of the proposal call, in a manner
acceptable to the committee and with a cost-effective bid for the project.
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions
of Council's policy for the tendering of construction contracts, the City's
General Specifications and the specific project specifications.
K91
-4-
STRATEGIC ALIGNMENT
This project aligns with Council's priorities of GROW and BELONG as the project
involves upgrading one of the City's district playgrounds. The upgrades would
make the playground safer and more inviting to children and their parents. The
upgrades to the playground improve the quality of life to the neighboring
communities and the playground includes accessible and inclusive features.
SERVICEAND FINANCIAL OUTCOMES
The proposed upgrades will make the playground safer for children as the
project includes removal of some of the equipment that is past it's useful life.
The proposed cost of work from ABC Recreation to provide design, supply, and
installation services for the City's District playground located at Forest Hills
School is $420,770.95 including HST. An amount of $435,000 of the Canada
Community Building Fund funding is included in the 2022 General Fund Capital
Program for design and construction for this project.
An analysis has been completed which includes the estimated amount of work
for this project (performed by the Contractor and Others).
The analysis is as follows:
Budget $ 435,000.00
Project Net Cost $ 381,570.00
Variance (Surplus) $ 53,430.00
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The RFP process for this project was completed in accordance with the City's
Procurement Policy and Supply Chain Management supports the
recommendation being put forth.
A letter of permission was provided by the Anglophone South School District
stating support for the proposed upgrades as well as granting the City of Saint
John and the Proponent access to the site.
ATTACHMENTS
N/A
21
COUNCIL REPORT
M&C No.
2022-165
Report Date
May 10, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Movement of Mobilizing Municipalities
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Samir Yammine
J. Brent McGovern
I John Collin
RECOMMENDATION
It is recommended that the City of Saint John join the movement of Mobilizing
Municipalities for 2023, once the Earth Day organization launches the 2023
program.
EXECUTIVE SUMMARY
The purpose of this report is for staff to return to Council in response to the motion
on May 2, 2022 where Council "Resolved that the City Manager of the City of Saint
John investigate the City of Saint John joining Municipalities Mobilizing and come
back with a recommendation".
The pledge to join the movement of the Mobilizing Municipalities of the Earth Day
Canada 2022 campaign clearly compliments and aligns with City of Saint John work
that is already planned and it also aligns well with Council's newly adopted priority
for Green —valuing the environment. More specifically, this recommended action
in accordance with Council's Priorities demonstrates environmental stewardship
and leadership by protecting and advocating for the protection of our natural
environment, it also aligns with the City of Saint John Climate Change Action Plan,
Plan SJ, City of Saint Joh Race to Zero, the Asset Management Policy and Move SJ.
The City was in contact with the Earth Day Organization, and they indicated that
the Mobilizing Municipalities program is completed for the 2022 year however
they are interested in having the City of Saint John join the program in 2023. Staff
recommend having the City of Saint John participate in the program in 2023.
PREVIOUS RESOLUTION
1- M&C 2019-107- City of Saint John Climate Change Action Plan
2- M&C 2020-271- City of Saint John Climate Change Adaptation Plan
3- M&C 2021-268- City of Saint John Race to Zero Pledge
22
-2-
ANALYSIS
This is a voluntary program to encourage the community to make a positive impact
on the environment as well as increase environmental awareness among the
public.
To date more than 250 municipalities are listed as campaign partners, recognizing
their vital role in the ecological transition now underway.
As part of this participation, the Earth Day organization will collaborate with the
City and other participants to host workshops and develop tools and programs to
help the public reduce their waste and GHG emissions. It is recommended the City
of Saint John participate in the program in 2023.
STRATEGIC ALIGNMENT
The movement of Mobilizing Municipalities of the Earth Day is clearly aligned with
work already planned and with Council Priorities, policies, and plans, namely: the
Green Council priority, the City of Saint John Climate Change Action Plan, Plan SJ,
Race to Net Zero, Asset Management Policy, and Move SJ.
SERVICE AND FINANCIAL OUTCOMES
The City participation in the movement of Mobilizing Municipalities will not result
in any significant pressure on resources. The proposed participation will enable
the City to collaborate with the Earth Day organization to host workshops for the
community on various environmental initiatives and awareness, as well as to
promote City of Saint John Climate Change strategy.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
City staff have reviewed various documents related to the Municipalities
Mobilizing and have consulted with Earth Day organization. Staff have found that
the Municipalities Mobilizing participation is aligned with the Council Priorities
and with the City Climate Change Action Plan objectives.
W
COUNCIL REPORT
M&C No.
2022-166
Report Date
May 09, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. 2022 General Specifications Revisions
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Holly Young
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with an update regarding the
2022 General Specifications Revisions which relate solely to the technical
portion of the General Specifications.
PREVIOUS RESOLUTION
November 17, 2003 (M&C 2003-310) — Common Council authorized that the
Chief City Engineer may, from time to time, revise the technical provisions
(Divisions 7-31), of the General Specifications.
REPORT
The General Specifications is an inclusive document for stakeholders bidding
and/or working on City of Saint John municipal construction contracts. The
General Specifications are organized around a series of divisions as identified
below. The first five (5) divisions are incorporated into each set of contract
specification documents and, along with Division 6, are policies of Council. The
remaining divisions form the technical portion of the General Specifications.
1. Project Description 3. Particular Specifications
2. Instructions to Tenderers and 4. Form of Tender
Tendering Procedures 5. Form of Agreement
ME
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6.
General Administration of
17.
Traffic Signals and Signs
Contract
18.
Expanded Asphalt Stabilization
7.
Construction of Municipal
19.
Crack Sealing Asphalt Pavements
Services
20.
Random Riprap
8.
Not Allocated
21.
Restoration
9.
Not Allocated
22.
Culverts
10.
Water Systems
23.
Portland Cement Concrete
11.
Sewer Systems
24.
Roadway Construction
12.
Manholes, Catch Basins and Valve
25.
Chain Link Fencing
Chambers
26.
Landscaping
13.
Excavation, Trenching and Backfill
27.
Asphalt Concrete
Requirements
28.
Chip Seal
14.
Not Allocated
29.
Gabions
15.
Not Allocated
30.
Clay Brick Pavers
16.
Electrical Systems
31.
Guide Rail and Guide Posts
STRATEGIC ALIGNMENT
This report aligns with Council's Priority to PERFORM by ensuring the City is
accountable for results in delivering public service by adhering to its plans,
policies, procedures, and best practices.
SERVICEAND FINANCIAL OUTCOMES
The technical divisions are updated on an on -going basis, as technologies and
engineering methods evolve and the inclusion of specialty clauses for particular
engineering projects are tendered.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A draft set of the 2022 General Specifications revisions were recently forwarded
to the Construction Association of New Brunswick — Saint John (CANB-SJ) for
their review and comments prior to finalizing the revisions. City staff met with
staff from CANB-SJ on April 215t, 2022 and they indicated their members had no
issues with the proposed technical changes to the City's General Specifications.
Staff continues to have dialogue with representatives of the CANB-SJ and local
contractors/suppliers to receive input from users of the document. The process
to maintain current General Specifications is one that is on -going. Stakeholders
are encouraged to contribute by submitting their comments in writing at any
time.
ATTACHMENTS
2022 General Specifications —Summary of Revisions to Technical Divisions 7 -31.
i►R
CITY OF SAINT JOHN
GENERAL SPECIFICATIONS — LIST OF 2022 REVISED SECTIONS (DRAFT)
SECTION TITLE
7.28
Excavation and Construction Near Natural Gas Pipelines
Division 10
Table of Contents
10.4.01
Pipes
10.4.10
Adaptors
10.4.14
Corrosion Protection
10.4.15
Couplings
10.4.17
Pipe Restraints for Mechanical Joint (MJ) Fittings
10.4.19
Service Saddles
10.5.18
Flushing and Disinfection of Watermains
Division 11
Table of Contents
11.4.13
Inlet Control Devices
11.6.01
Measurement for Payment
Division 17
Table of Contents
17.5.35
Existing Traffic Signs and Posts
23.5.01
Concrete Curb
23.6.01
Measurement for Payment
27.6.02
Basis of Payment
STANDARD DRAWINGS
Table of Contents
SO45-120 Grounding Plate Detail
SO45-309A Typical Section Concrete Curb and Sidewalk with Brick Median
May 2022
41.1
Page 1 of 1
Z im4-,
Division 7 - Construction of Municipal Services
7.25 GRAVEL PITS
Gravel pits must be left in such a condition that they comply with the City of Saint John By -Laws
and legislation regarding gravel pits. Material used on City projects may be sourced from a Pit or
Quarry located outside of the City or, if sourced from a Pit or Quarry located within the City, the
Pit or Quarry must be properly licensed pursuant to Section 680 of the Saint John Zoning By -Law.
Contact the Buildings and Inspection Services Department for further details.
7.26 TRUCK ROUTES
All heavy equipment, including trucks, hauling imported material or empty, shall use a designated
City truck route where possible, otherwise shall proceed to and from the work Site by taking the
shortest route to and from the nearest City truck route. Route to be used shall be approved by the
Engineer.
7.27 WORKING NEAR EXISTING TREES AND SHRUBS
The Contractor shall use care and caution while working adjacent to existing City or private trees
or shrubs in the path of water, sewer, curb, sidewalk, and road construction. If the root structure
of a tree or shrub is encountered, the Contractor must immediately contact the City of Saint John's
Leisure Services Department for inspection of the roots, and for procedures for preserving the tree
or shrub.
7.28 EXCAVATION AND CONSTRUCTION NEAR NATURAL GAS PIPELINES
Prior to the start of any of the following construction activities anywhere within the City of Saint
John, the Contractor shall contact Maritimes & Northeast Pipeline, Emera New Brunswick (owner
of Brunswick Pipeline) and RLiberty Utilities , and obtain a field gas
pipeline locate. The Contractor shall obtain a completed Line Locate Request Form from the gas
pipeline company signed by both the Contractor and the gas pipeline company. A copy of the
signed Line Locate Request Form must be given to the Engineer by the Contractor before the start
of any construction activities. The Contractor's copy of the signed Line Locate Request Form must
be available for review at the construction site for the duration of the project.
The construction activities include but are not limited to:
• All excavation work
• Ground disturbance
• Ploughing below 300 mm
• Ground leveling
• Installing drainage systems
Augering
Fencing
• Blasting
Construction activities near Maritimes & Northeast Pipeline and Brunswick Pipeline are governed
by the National Energy Board and construction activities near R Liberty Utilities Ga&-N-&w
Rri -pipelines are governed by the New Brunswick Energy and Utilities Board. The
Contractor shall adhere to the regulations of the appropriate authority when carrying out
construction activities near the following natural gas pipelines:
7-14
27
TABLE OF CONTENTS
City of Saint John
DIVISION 10 —WATER SYSTEMS
Section
10.1
Scope of Work........................................................................
10.2
Definitions..............................................................................
10.3
Related Work Under Other Sections ......................................
10.4
Materials
.................................................................................
10.4.01
Pipes......................................................................
10.4.02
Fittings...................................................................
10.4.03
Gate Valves...........................................................
10.4.04
Butterfly Valves ......................................................
10.4.05
Combination Air Valves .........................................
10.4.06
Valve Boxes and Valve Chambers ........................
10.4.07
Service Pipe...........................................................
10.4.08
Service Boxes ........................................................
10.4.09
Corporation Main Stops .........................................
10.4.10
.;.:.f ,w..Adaptors........................................................
10.4.11
Curb Stops.............................................................
10.4.12
Hydrant Anchor Tees .............................................
10.4.13
Fire Hydrants.........................................................
10.4.14
Corrosion Protection ..............................................
10.4.15
Couplings...............................................................
10.4.16
Tapping Sleeves ....................................................
10.4.17
Pipe Restraints for Mechanical Joint (MJ) Fittings
10.4.18
Bell and Spigot Restrainers for Watermains..........
10.4.19
Service Saddles .....................................................
10.4.20
Insulation................................................................
10.4.21
Bell Joint Leak Clamps ..........................................
10.4.22
Tracer Wire............................................................
10.5
Construction Methods...........................................................
10.5.01
Temporary Water Service ......................................
10.5.02
Connections...........................................................
Page
.10-1
.10-1
.10-1
.10-1
.10-1
.10-2
.10-3
.10-3
.10-5
.10-5
.10-6
.10-6
.10-6
.10-6
.10-7
.10-7
.10-7
.10-8
.10-8
.10-9
.10-9
10-10
10-10
10-10
10-11
10-11
10-11
10-11
10-13
4.11
Division 10 —Water
10.4.01 Pipes (Cont'd)
Ductile iron pipes 100 mm to 300 mm diameter shall be pressure class 350
unless otherwise specified. The Pressure Class of ductile iron pipes 400 mm
diameter and larger shall be as specified. Ductile iron pipes shall be cement
mortar lined, and shall conform to the latest CSA B131.10, AWWA C104, C105,
C111, C150, C151, C153 Standard Specifications of mechanical joint and tyton
joint, all of which shall be approved by the Engineer. The pipes, bends, tees,
etc. shall be coated internally and externally with compounds applied at the
manufacturer's plant. All ductile iron pipes, 600 mm and greater that are to be
cut, require factory gauging.
All ductile iron pipes shall be encased in one layer of 8 mil thick polyethylene
encasement to ANSI/AWWA C105/A21.5. All joints are to be taped with 50
mm wide tape as recommend by the pipe manufacturer. When installing ductile
iron pipe, polyethylene encasement shall include vertical hydrant piping, all
valves, bends, tees, caps and reducers. The Contractor is to provide on -site
services from the ductile iron pipe supplier for training and inspecting the
Contractor's methods for the polyethylene encasement of the ductile iron pipe,
unless approved otherwise by the Engineer.
All concrete pressure pipe (400mm and larger) shall be bar wrapped steel
cylinder type manufactured in accordance with the latest AWWA C303
Specification for diameters of 350 to 500 mm diameter or prestressed concrete
cylinder pipe, manufactured in accordance with the AWWA C301 Specification
for diameters of 600 mm and larger. The pipe shall be furnished complete with
gaskets, diapers for mortar, pre -packaged bags of dry pre -mixed grout and
lubricant as required.
The Engineer must specify the required internal working pressure, field test
pressure, the maximum earth cover and required corrosion protection to
determine the pipe class to be manufactured. All specials and fittings required
for bends, branches, closures, and connections shall be designed according to
the latest AWWA M-9 Manual Guidelines.
Concrete pressure pipe shall not be used for distribution mains nor have service
connections. Grout used in conjunction with concrete pressure pipe repairs only
shall be Sika Top 123 Plus, or approved equivalent.
Polyvinyl chloride (PVC) pipes shall conform to the latest AWWA C900,-905 and
CSA B137.3 Standards. All PVC pipes shall have an integral bell joint feature
and gasket as recommended by the manufacturer. The pipes shall be DR18,
Class 150 and with cast iron outside diameter unless specified otherwise. Colour
coding shall be blue.
All new PVC watermain installation shall include tracer wire in accordance with
Section 10.5.25 "Installation of Tracer Wire".
10.4.02 Fittings
All fittings shall be gray -iron 1725 kPa and meet the requirements of the latest
AWWA Standard C110, or ductile -iron fittings meeting the requirements of
AWWA C153, 2415 kPa. PVC pressure fittings shall meet the requirements of
May 2022 29 10-2
Division 10 —Water
10.4.10 ""Adaptors
nn�aAdaptors shall be brass, compression style, to the latest ANSI/AWWA
C800 Standard, Mueller Canada Series H-15512N, H-15509N42942, H-15403,
Cambridge Brass Model #118NL, Model #119NL, or approved equivalent.
10.4.11 Curb Stops
Curb stops shall be brass and shall be ball valve type with both inlet and outlet
ends having copper compression type connection. Curb stops to meet the latest
ANSI/AWWA C800 Standard.
Acceptable Products: A.Y. MacDonald Mfg. Co.
Cambridge Brass, Model No. 202
Ford Meter Box Company, Inc.
Mueller Canada Series B25209
10.4.12 Hydrant Anchor Tees
Hydrant anchor tees shall be mechanical joint by swivel, complete with swivel
gland, ductile iron class 350 as per ANSI/AWWA C153/A21.53, latest editions.
Acceptable Products: Bibby Ste. Croix
Sigma
Star Pipe Products
10.4.13 Fire Hydrants
Fire hydrants shall be complete with safety flange, for 1.8 m depth of cover over
the hydrant lead, with 150 mm mechanical joint. They shall be equipped with
two hose nozzles and one pumper nozzle. Hose connection shall be 2.997 inch
OD, 8 threads per inch. Pumper connection shall be 4 inch (100mm) Storz
pumper connection. The hydrant valve shall close when the operating nut is
rotated clockwise. Fire hydrants and connections shall be in accordance with
the latest AWWA C-502, ULC and FM Standards. They shall have a maximum
working pressure of 1034 kPa; 2068 kPa test pressure. Hydrants shall be
compression type complete with safety flange. All weather-proof caps shall be
31 mm square nuts.
The drain holes in the boot of the hydrant shall be permanently plugged
internally.
Fire hydrant installation shall include tracer wire in accordance with Section
10.5.25 "Installation of Tracer Wire".
Hydrants to be installed at locations as indicated on the Drawings.
Acceptable Products: Canada Valve Century
Clow M°Avity Brigadier M-67
Mueller Modern Centurion
Mueller Super Centurion*
M°Avity M-67B Heritage*
American AVK Company 2780*
* for use in designated Heritage areas only as directed by the Engineer.
May 2022 10-7
30
Division 10 —Water
10.4.14 Corrosion Protection
Bolts
The Contractor shall protect the bolts on all buried mechanical fittings on
distribution mains. Bolts shall be protected from corrosion by using 3/"x10 UNC
zinc Cor-Cap nuts as supplied by Interprovincial Corrosion Control Company
Limited, 3/-10NC Zinc Caps as supplied by Integrity Pipeline Products Limited,
3/ NPT zinc Bren Sac caps as supplied by Bren Technologies Inc, or approved
equivalent.
Anodes
Anodes shall be ASTM B418 Type II and have zinc ingot weights of (5.5 kg) or
(11 kg), with a 100 mm diameter permeable cardboard tube. Filler material shall
have a composition of gypsum - 77%, bentonite - 15%, and sodium sulfate - 8%.
Anodes shall be kept dry prior to installation. Anodes shall carry a label
identifying the manufacturer, the product I.D. number, the type and weight of the
anode, metal and filler composition.
To guarantee the quality of the high -purity zinc, an A#a4a-v#Affldavit stating the
metallurgical analysis of the anode composition shall be supplied by the supplier,
when requested by the Engineer, prior to the start of construction.
Acceptable Products: Interprovincial Corrosion Control
Corrosion Service
Exothermal Industries
Integrity Anode Corporation
Bren Technologies Inc.
Protective Coating for Fittings
Anti -corrosion petrolatum paste, tape and mastic shall be installed on all fittings
where specified or shown on the Drawings. The Contractor shall transport and
store coating materials at temperatures between 50C and 30°C. The Contractor
shall ensure surface to be coated is free of loose coating, rust, soil, and other
foreign matter; apply priming paste to areas after surface preparation is
complete; apply mastic to irregular surfaces to ensure smooth surfaces and no
air pockets; apply tape spirally to areas receiving paste or mastic using a 55%
overlap wrapping technique; and wrap protected areas with 200 micron
polyethylene sheet prior to backfilling.
Acceptable Products: Petro Coating Systems
PetroWrap
STAC
Trenton
Winn & Coales (Denso) Ltd.
PetroGuard
10.4.15 Couplings
Couplings shall be epoxy or nylon coated, ductile iron or steel, complete with
T304 or T316 stainless steel bolts and nuts and suitable for a minimum working
pressure of 1034 kPa. Bolts are to be to latest AWWA C111 Standard.
May 2022 10-8
31
Division 10 —Water
10.4.15 Couplings (Cont'd)
Couplings are to be suitable for the type of pipe being connected. The Contractor
is responsible to confirm the actual OD of the pipes and ensure proper coupling
sleeve lengths. Gaskets shall be provided by the Contractor to suit the range in
pipe size for specific application.
The minimum coupling sleeve length shall be 178 mm (7 in.) for pipe diameters
100 mm - 200 mm. Acceptable Manufacturers: Robar Industries Ltd., Romac
Industries, Inc., Smith -Blair and Ford, Krausz Industries Ltd.
The minimum coupling sleeve length shall be 200 mm (8 in.) for pipe diameters
250 mm - 300 mm. Acceptable Manufacturers: Muelter CA Krausz Industries
Robar Industries Ltd., Romac Industries, Inc., Smith -Blair and Ford.
The minimum coupling sleeve length shall be 250 mm (10 in.) for pipe diameters
350 mm and larger. Acceptable Manufacturers: Dresser Inc., Mueller SOKrausz
Industries Ltd., Robar Industries Ltd., Romac Industries, Inc., and Smith -Blair.
10.4.16 Tapping Sleeves
Tapping sleeves shall be epoxy coated carbon welded steel, or stainless steel
with gasket to provide 360 degree seal complete with 304 or 316 stainless steel
bolts and nuts. Tapping sleeves shall be suitable for a minimum working
pressure of 1034 kPa.
Acceptable Products: Dresser Inc. Style 610, 620, 630
Smith — Blair, Inc. Style 622
Smith — Blair, Inc. Style 622 with MJ Outlet
Ford, Style C207 with MJ Adapter
Robar 6606 Stainless Steel Tapping Sleeve
10.4.17 Pipe Restraints for Mechanical Joint (MJ) Fittings
PVC pipe restrainers shall be in accordance with the latest edition of ASTM
F1674, FM approved, and designed for use on AWWA C900 PVC pipe.
Acceptable Products: Clow 300 C Restrainer
EBAA IRON Series 2000 PV
Uni-Flange Series 1300, 1500
Sigma One-Lok SLC Series
Star Pipe Products PVC Stargrip Series 4000
Stag Piro .�HGtS r�VG Ri n k c � n
v,�,--r-rp� ���-v-,-R„� �v�-vei`I�s—o 4 to r
Pipe Products ALL Stargrip Series 4300
Tyler Union - Clow TUFGrip Dual Wedge Universal
Restraint
Ductile iron pipe restrainers shall be UL listed and FM approved.
Acceptable Products: EBAA IRON Megalug Series 1100
Star Pipe Products Stargrip Series 3000
Sigma One-Lok SLID Series
Romac Industries RomaGrip
Star Pipe Products ALL Stargrip Series 4300
Tyler Union - Clow TUFGrip Dual Wedge Universal
Restraint
May 2022 32 10-9
Division 10 —Water
10.4.18 Bell and Spigot Restrainers for Watermains
Bell and spigot restrainers for PVC watermains shall be as follows
Acceptable Products: Clow Series 300
EBAA IRON Series 1600 and Series 2800
Uni-Flange Series 1350 or 1390
A steel connecting restraint rod shall be installed in each flange hole of the
restrainer. Each of these rod units and fittings shall be covered with "Protective
Coating" as per Section 10.4.14, "Corrosion Protection".
Bell and spigot restrainers for ductile iron watermains shall be as follows
Acceptable Products: EBAA IRON Megalug Series 1100HD
Star Pipe Products Stargrip Series 3100
Uni-Flange Block Buster Series 1390-C Pipe restraint
for ductile iron pipe (100mm - 400mm)
A steel connecting restraint rod shall be installed in each flange hole of the
restrainer. Each of these rod units and fittings shall be covered with "Protective
Coating" as per Section 10.4.14, "Corrosion Protection".
10.4.19 Service Saddles
For PVC watermains (AWWA C900 pipe), a single or double stainless steel strap,
-cast ductile iron service saddle is required for all service connections. Service
saddles shall be supplied with either a fusion -bonded epoxy or nylon coating.
Alternativelv. an 18-8 tvDe 304 stainless steel saddle can be used with a minimum
width of 150mm. Service saddles shall be suitable for a minimum working pressure
of 1034 kPa.
Acceptable Products: Robar 2506
Romac 202NS
Ford FC202
Cambridge Brass 8403 Teck Stainless Steel Saddle
10.4.20 Insulation
Insulation for watermains and service laterals shall be rigid, 50 mm thick, extruded
polystyrene foam board.
Acceptable Products: Styrofoam HI 40
Foamular 400
Insulation on curved surfaces including: valve chambers and air valve chambers,
etc., where specified, shall be P2000 Insulation Systems, or approved equal.
P2000 Insulation shall be EPS (expanded polystyrene) core with woven white
polypropylene radiant blocker facing, laminated both sides of core. The white
laminated facing shall be treated for acid and UV resistance and have a bursting
strength of 172 Ibs/sq.inch, accepting backfill or fresh concrete placement. The
facing shall extend beyond the edge along the length of sheets and rolls, forming a
self adhesive overlap flap.
May 2022 10-10
33
Division 10 —Water
10.5.17 Pressure and Leakage Tests (Cont'd)
hydrants discovered in consequence of this pressure test shall be removed and
replaced by the Contractor with sound materials. Testing shall be repeated until
satisfactory to the Engineer.
The allowable leakage shall be determined by the following formula:
_ LD0
Q 795,000
where: Q - allowable leakage in litres per hour (L/h)
L - length of pipe being tested (m)
D - nominal diameter of the pipe in millimeters (mm)
P - average test pressure in kilopascals (kPa)
Testing of tapping sleeves for "live taps" is to be pressure tested by the City's
Water and Wastewater Systems Division prior to the City's "live" tapping of the
watermain. Only the City will perform "live" taps on watermains.
10.5.18 Flushing and Disinfection of Watermains
All disinfection shall be carried out in accordance with the latest AWWA C651
Standard. Flushing and disinfection of all watermains or water services larger
than 50 mm, including firelines, shall be done by the City of Saint John. The
Contractor shall tap new watermains and install 25 mm IPT threaded corporation
stops and 50 mm IPT threaded corporation stops at locations as shown on
Drawings in watermains up to 600 mm in diameter. All corporation stops used
for flushing and disinfection of watermains shall be Mueller Co. part number
B20045N. Cambridge Brass Model #301 NL, or equivalent. In lines of greater
diameter, tap sizes and locations will be as shown on Drawings.
All chlorination chambers shall have an IPT threaded corporation stop on the
new side of the valve complete with a PEX service tubing. The PEX service
tubing must have an Everloc fitting at both ends. The free end of the PEX service
tubing shall have a ball valve attached using an Everloc fitting. The ball valve
must be accessible from the opening of the valve chamber without the need for
confined space entry (i.e. the ball valve shall be within 300mm of the ground
surface). The free end of the PEX service tubing shall be secured to the chamber
so that the ball valve is supported. If the Everloc fittings are not properly installed
or if the PEX service tubing appears to have been stressed or damaged, the City
reserves the right to refuse to disinfect.
The Contractor shall ensure that all new valves within the section of pipe being
disinfected (with the exception of the ball valves) are opened prior to flushing.
As per the City of Saint John General Specification, all isolation valves shall be
operated by City staff.
Disinfection water sample(s) shall be taken by the City for testing; the watermain
shall not be put in operation before acceptable results have been received by
the Engineer. Once accepted by the Engineer, the City will commission the new
watermain.
May 2022 34 10-19
}
ti rr: TABLE OF CONTENTS
Cuy nor ��.�•i ..
DIVISION 11 —SEWER SYSTEMS
Section
Page
11.1
Scope of
Work................................................................................................................11-1
11.2
Definitions......................................................................................................................11-1
11.3
Related Work Under Other Sections..............................................................................11-1
11.4
Materials
.........................................................................................................................11-1
11.4.01
General..........................................................................................................11-1
11.4.02
Reinforced Concrete Sewer Pipe..................................................................11-2
11.4.03
PVC Gravity Sewer Pipe................................................................................11-2
11.4.04
PVC Pressure Sewer Pipe.............................................................................11-2
11.4.05
PVC Profile Pipe...........................................................................................11-3
11.4.06
Corrugated Steel Pipe...................................................................................11-3
11.4.07
Catch Basin Laterals.....................................................................................11-3
11.4.08
Sanitary and Storm Sewer Laterals...............................................................11-3
11.4.09
Insulation........................................................................................................11-3
11.4.10
Couplings/Connections..................................................................................11-4
11.4.11
Sewer Service Connections...........................................................................11-4
11.4.12
Inspection Chambers.....................................................................................11-4
11.4.13
Inlet Control Devices......................................................................................11-4
11.5
Construction
Methods....................................................................................................11-4
11.5.01
Method of Laying Pipe............................................................................44-411-5
11.5.02
Catch Basin Laterals......................................................................................11-5
11.5.03
Defective Pipes..............................................................................................11-5
11.5.04
Cutting Sewer Pipes......................................................................................11-6
11.5.05
Alignment and Grade.....................................................................................11-6
11.5.06
Deviation Due to Existing Structures.............................................................11-6
11.5.07
Patch Work....................................................................................................11-6
11.5.08
Visual Inspection............................................................................................11-7
11.5.09
Methods of Testing........................................................................................11-7
11.5.10
Video Inspection..........................................................................................11-10
11.5.11
Abandoned Sewers (Pressure Grout).........................................................11-11
11.5.12
Abandoned Sewer Mains and Appurtenances............................................11-12
41
Division 11 —Sewer Systems
11.4.10 Couplings/Connections
Couplings are to be supplied for the size and type of pipes to be joined.
Couplings for connecting sewer main and sewer service pipe shall be:
(a) For PVC to PVC connections, use a solid PVC repair coupling with no pipe
stop and two gaskets to ASTM D3034 F1336 and CSA B182.2.
(b) For connecting dissimilar sewer pipe materials, use a flexible rubber repair
coupling, with stainless steel bands and a stainless steel shear ring for
added strength and rigidity. If it is impossible to use the shear ring due to
connecting different sized pipes, the joint can be made with a heavy -walled
rubber coupling such as the Non -Shear Coupling from DFW/HPI, or
approved equivalent.
Acceptable Manufacturers: Mission
Fernco
Indiana Seal
11.4.11 Sewer Service Connections
Connection of sanitary and storm laterals to new PVC sewer mains shall be
made using a PVC tee wye or wye, unless otherwise directed by the Engineer.
Sewer service connections to existing mains shall be as listed below and shall
only be used where specified or as authorized by the Engineer.
(a) Connections to PVC sewers shall use Inserta Tee, Fernco QwikSeal, or
approved equivalent.
(b) Connections to concrete sewers shall use a Kor-N-Tee by NPC, Fernco
QwikSeal, or approved equivalent.
(c) Connections to terra cotta sewers shall use a flexible rubber saddle
connection and stainless steel straps as fabricated by Mission, or approved
equivalent.
11.4.12 Inspection Chambers
Sanitary or storm service inspection chambers shall be used where specified or
as authorized by the Engineer. Inspection chambers shall be PVC complete with
a backwater valve and shall be Le Ron Inspection Chambers, or approved
equivalent.
11.4.13 Inlet Control Devices
Inlet control devices OCD's) shall be installed as indicated on the Contract
Drawings. ICD's shall be constructed of a PVC cap complete with a drilled hole
in the centre, or an approved equal. The PVC cap shall be fastened to the pipe
in a manner acceptable to the Engineer.
May 2022 11-4
36
Division 11 —Sewer Systems
11.5.11 Abandoned Sewers (Pressure Grout) (Cont'd)
Grout shall be pumped into the sewer, utilizing a high pressure concrete pump,
Model 40 Powercrete, or approved equivalent. Contractor shall engage and pay
for the services of a recognized company experienced in high pressure grouting
applications.
11.5.12 Abandoned Sewer Mains and Appurtenances
Abandoned sewer mains shall be blocked with bricks and mortar or other
approved methods to prevent foreign matter from entering, at no additional cost
to the Contract. Removal of the sewer mains(s) and appurtenances outside the
normal excavation limits may be requested by the Engineer and will be paid for
on the basis of pay items for excavation. The Contractor shall excavate, remove
and dispose of abandoned sewer mains at an approved off -site location.
11.6 METHOD OF PAYMENT
11.6.01 Measurement for Payment
Measurement for payment for sewer main pipe and sewer laterals shall be per
metre (m) of completed pipe. Sewer mains shall be measured between centres
of manholes. In the case of storm outfalls, measurement shall be from the centre
of the manhole to the end of the pipe installed. The length of installed pipe shall
be measured horizontally. The measurement for payment of completed sewer
main and sewer laterals shall include the supply of all labour, materials and
equipment for excavation, disposal of surplus or unsuitable excavated materials,
shoring, dewatering, by-pass pumping, bedding, supply & installation of pipe,
backfilling, compaction, flushing, testing of pipe and all incidental items.
Measurement for payment for connecting each sewer lateral shall be on a per
unit basis and shall include all necessary labour, material and equipment to
connect the lateral to the sewer main or manhole. This shall include, where
necessary, the following:
(a) The proper "tee wye" or "wye" on the main or proper manhole
connection, and;
(b) Any necessary bends, plus any other labour and materials necessary for
making the connection.
Measurement for payment for insulation to be on a square metre (mz) basis and
to be based on 50 mm thickness.
Measurement for payment for inlet control devices (ICDs) shall be based on a
unit price basis.
Measurement for payment for sanitary or storm service inspection chambers
shall be measured for payment on a per unit basis including all excavation,
backfilling, connections and incidentals.
May 2022 11-12
37
a{
TABLE OF CONTENTS
rlf�rOr SMK la"
DIVISION 17 — TRAFFIC SIGNALS AND SIGNS
Section
Paqe
17.5.11
Traffic Signal Pole Apertures.......................................................................17-34
17.5.12
Single Member Arms...................................................................................17-34
17.5.13
Aerial Span Wire..........................................................................................17-34
17.5.14
Traffic Signal Hangers.................................................................................17-35
17.5.15
Signal Mounting Hardware..........................................................................17-35
17.5.16
Double Tube Arm Brackets..........................................................................17-35
17.5.17
Traffic and Pedestrian Signal Heads...........................................................17-35
17.5.18
Pedestrian Push Buttons and Audible Pedestrian Systems ........................17-37
17.5.19
Installation of Special Crosswalk Overhead Sign........................................17-37
17.5.20
Pole Mounted Conduit Systems..................................................................17-37
17.5.21
Wiring...........................................................................................................17-37
17.5.22
Installation of Fibre -Optic Cables................................................................17-38
17.5.23
Mounting of Traffic Controller Cabinet.........................................................17-39
17.5.24
Installation of Pole Mounted Traffic Controller Cabinet...............................17-39
17.5.25
Installation of Traffic Controller....................................................................17-40
17.5.26
Installation of Pedestrian Signal / Special Crosswalk Controller Cabinets..17-41
17.5.27
Installation of Flashing Beacons..................................................................17-41
17.5.28
Removal and Disposal of Damaged or Obsolete Equipment ......................17-41
17.5.29
Testing.........................................................................................................17-42
17.5.30
Adjustment of Equipment.............................................................................17-43
17.5.31
Commissioning............................................................................................17-43
17.5.32
Cleanup........................................................................................................17-43
17.5.33
Locating and Positioning Traffic Signs........................................................17-44
17.5.34
Installation of Traffic Signs and Posts.........................................................17-44
17.5.35
Existing Traffic Signs and Posts..................................................................17-44
17.6 Method of Payment ...........................
17.6.01 Measurement for Payment
17.6.02 Basis of Payment ..............
..17-45
..17-45
17-465
011
Division 17 — Traffic Signals and Signs
17.5.35 Existing Traffic Signs and Posts (Cont'd)
Contractor at the Contractor's expense. The Contractor shall deliver all
remaining signs, posts and bases to the =City of Saint John, at an approved City
site as specified by the Engineer.
100 RARPo HPAd RARd
Cost to remove and deliver traffic signs, posts and bases to be considered
incidental to the works. The Engineer shall be provided one (1) day notice prior
to delivery.
Street name signs and specified traffic signs stored by the Contractor shall be
reinstalled on new posts with new hardware.
17.6 METHOD OF PAYMENT
17.6.01 Measurement for Payment
All Inclusive Price Method
Measurement for payment for traffic signal installations shall be on a lump -sum
basis per intersection as shown on the Drawings, where individual quantities are
not provided in the Schedule of Quantities and Unit Prices, Division 4 of the
Contract Specifications.
Payment shall include all labour, materials, equipment, accessories,
appurtenances, testing, adjustments, delivery of salvaged components,
commissioning and all other incidental items required to do the Work.
Individual Item Method
Payment for individual traffic signal items shall be made under a unit price basis
for the number of specified tender items supplied and installed in accordance
with this Item. Payment shall include all labour, materials, equipment,
accessories, appurtenances, testing, adjustments, commissioning and all other
incidental items required to do the Work.
Payment for Tele-spar receivers and posts shall be paid based on the number
of post and receiver kits installed, including all necessary hardware.
Payment for new traffic signs shall be paid based on the number of new signs
installed, including all necessary hardware.
Reinstallation of re -used street signs on new posts, including new hardware,
shall not be measured for separate payment but shall be considered incidental
to the installation of new metal Tele-spar posts and receivers.
17.6.02 Basis of Payment
Payment shall be made at the Contract Unit Prices as contained in the Schedule
of Quantities and Unit Prices, Division 4 of the Contract Specifications.
May 2022 17-45
39
Division 23 — Portland Cement Concrete
23.4.08 Welded Wire Fabric
Welded wire fabric shall be used for the reinforcement of concrete sidewalk in
non-residential driveways or as directed by the Engineer.
The welded wire fabric shall be the standard style and the size of the mesh shall
be 152 mm x 152 mm. The gauge number shall be 6. The metric designation
is 152 x 152 MW18.7 x MW18.7 and the equivalent Imperial style is 6x6 6/6.
The wire used in the manufacture of the welded wire fabric shall conform to the
latest edition of CSA Standard G30.3-M, Cold -Drawn Steel for Concrete
Reinforcement.
23.5 CONSTRUCTION METHODS
23.5.01 Concrete Curb
Concrete curb shall be constructed to the line and grades shown on the
Drawings or laid out in the field and in accordance with the typical cross -sections
shown on the Standard Drawings. Construction methods shall conform to the
requirements of CSA-A23.1, latest editions.
All asphalt pavements (road and/or sidewalks) shall be neatly cut straight before
excavation with an asphalt saw.
The curb height shall be 160 mm ± 10 mm above finished asphalt elevation, or
as shown on the Drawings.
Catch basin and manhole adjustments shall be in accordance with Division 12,
"Manholes, Catch Basins, and Valve Chambers".
Existing granite curbs from excavation shall be delivered by the Contractor to an
approved City site the Gity's Works non„+ on Mc -Allister Drove Or as ^tie
specified by the Engineer. _Care shall be exercised to avoid breaking of the
granite curb.
Concrete which arrives at the Site at a temperature of less than 10°C or more
than 35°C shall not be placed and shall be rejected. There shall be no payment
for rejected concrete.
The placing of concrete shall not be started until the granular base and the forms
have been inspected and approved by the Engineer. Existing curb shall be saw
cut square and neat before placing new curb against it.
The granular base shall be prepared and compacted with crushed granular
material in accordance with Division 13, "Excavation, Trenching and Backfill
Requirements" and Division 24, "Roadway Construction" and with the
corresponding Drawings. Minimum thickness of granular base shall be 150 mm.
May 2022
PAIN
Division 23 — Portland Cement Concrete
23.5.07 Quality Control (Cont'd)
The Contractor shall engage and pay for a qualified consulting engineering firm
to perform the sampling and testing. The concrete testing laboratories utilized
by the consulting engineering firm shall be certified in accordance with CSA
Standard A283 "Qualification Code for Concrete Testing Laboratories". The field
and laboratory test results shall be recorded on a form titled "Concrete Testing
Summary". A typical form is contained in the Sample Forms section of the
General Specifications. The Contractor shall submit the test results to the
Engineer as soon as the tests are completed. All quality control testing costs
shall be deemed to be included and distributed among the Contract Unit Prices.
The Contractor shall be responsible for the interpretation of the QC test results
and the determination of any action to be taken to ensure that all materials and
work conform to the requirements of the Contract.
23.5.08 Quality Assurance
Quality assurance inspection and testing will be carried out by the City's
designated inspectors or Consultants on all materials used and all work
performed. Inspectors will have the full authority to reject defective material and
workmanship and to suspend the carrying out of any work that is being
improperly done, subject to the final decision of the Engineer. The Contractor
remains, however, fully responsible for the quality of the materials and
workmanship, even though the Inspector is present.
23.6 METHOD OF PAYMENT
23.6.01 Measurement for Payment
Manhole adjustments in sidewalks shall be measured and paid for under the
provisions of Division 12, "Manholes, Catch Basins, and Valve Chambers".
Saw cutting and construction of joints in concrete shall be considered incidental
to the placement of concrete.
Costs for the removal and delivery of recovered granite curb sections shall be
considered incidental to the Work
Measurement and payment of concrete curb and concrete sidewalk shall be
classified as to the following:
Concrete Curb
Method A: Including Excavation and Backfill
In areas where construction is limited to the replacement of existing curb or
placement of new curb, measurement for payment shall be made per metre (m)
of curb which shall include all labour, material and equipment necessary to
complete the work including cutting of asphalt, all excavation (excluding rock),
backfilling, compaction, curing and protection of the concrete. Rock excavation
shall be measured and paid in accordance with Division 13, "Excavation,
Trenching and Backfill Requirements".
May 2022
EII
01INNI:
Division 27 —Asphalt Concrete
27.6.01 Measurement for Payment (Cont'd)
The following items shall not be measured for payment and shall be considered
as incidental to the work:
(a) Hauling of HMA to the site, sweeping and cleaning, and site restorations;
(b) Sampling and testing of aggregates, calibration of asphalt plants, and trial
batches;
(c) Removal of surplus granular material as a result of fine grading, including
disposal off -site;
(d) Cutting existing asphalt concrete edges prior to resurfacing;
(e) Handwork to complete HMA paving around catch basins, street hardware,
valves, etc., to complete swales or any other place where handwork is
carried out concurrently with the spreader operation;
(f) Removal and replacement of any part of the Work not meeting the
requirements of the Specifications; and
(g) The use of tack coat at joints, curb lines, aprons, around street hardware
and catch basin frames or any other vertical faces.
Measurement for payment of HMA padding shall be the number of tonnes (t)
scale weighed and acceptably incorporated into the work.
Measurement for payment of HMA patching shall be the number of tonnes (t)
scale weighed and acceptably incorporated into the work.
Measurement for payment of asphalt concrete curb and asphalt concrete
sidewalk shall be per metre (m) of curb or sidewalk, including all labour, materials
and equipment necessary to complete the work.
Measurement for payment of miscellaneous HMA work shall be the number of
tonnes (t) scale weighed miscellaneous HMA acceptably incorporated into the
work.
Measurement for payment for cold milling shall be per square metre (mz) of
asphalt concrete pavement acceptably removed and hauled from the site to an
approved location.
Tack coat that is specified to treat the entire cold milled, aged asphalt concrete
or any other surfaces, shall be measured for payment per square metre (mz) of
acceptably tack -coated surface.
27.6.02 Basis of Payment
Payment shall be made at the Contract Unit Prices as contained in the Schedule
of Quantities and Unit Prices, Division 4 of the Contract Specifications.
May 2022
:1P
27-35
Division 27 —Asphalt Concrete
Performance graded asphalt binder will be adjusted based on the New
Brunswick Department of Transportation and Infrastructure (NBDTI) Asphalt
Binder Price Index. The price index is published monthly and is available on
the NBDTI website.
27.6.02 Basis of Payment (Cont'd)
A payment adjustment for the change in price of PGAC (asphalt binder; between
the month preceding the month in which tenders were opened for the Contract
and the time of the placement of the HMA will apply to the quantity of asphalt
binder (cement) accepted into the Work and wi-A be -calculated as follows if the
price index between the two (2) months differs by more than 5 %:
PA = Payment adjustment for asphalt binder in dollars
T = PG asphalt binder price index for the month prior to tender opening
P = PG asphalt binder price index for the month of paving
Q = Quantity of asphalt binder in tonnes
When P > 1.05 T, the Contractor receives additional payment as follows:
PA = (P — 1.05T) x Q
When P < 0.95 T, the Owner receives a credit as follows:
PA = (0.95T — P) x Q
This payment adjustment for the change in the price of asphalt binder during the
Work is not considered to be extra work..
May 2022
!193
27-36
'Y
City of Saint John
TABLE OF CONTENTS
STANDARD DRAWINGS
DRAWING TITLE DRAWING NUMBER
Hydrant Installation
S045-100
Slide Valve Box (105mm & 130mm)
S045-101
Adjustable Valve Box
S045-101A
Valve Chamber Detail (Gate Valve)
S045-102
Valve Chamber Detail (Butterfly Valve)
S045-103
Standard Valve Chamber Cover (Gate and Butterfly Valves)
S045-104
Adjustable Valve Chamber Frame & Cover
(Gate and Butterfly Valves)
S045-104A
Horizontal Thrust Blocks
S045-105
Horizontal Thrust Block Dimensions
S045-106
Air Valve Chamber Detail (Standard Frame & Cover)
S045-107
Air Valve Chamber Detail (Adjustable Frame & Cover)
S045-107A
Standard Air Valve Chamber Cover (750 0)
S045-108
Adjustable Air Valve Chamber Frame & Cover (775 0)
S045-108A
Standard Aluminum Hatch Cover
S045-109
Standard Aluminum Hatch Cover
S045-110
Standard Aluminum Hatch Cover
S045-111
Tracer Wire Detail
S045-116
Chlorination Chamber and Flushing Chamber Detail
S045-118
Temporary Water Supply Piping Details
S045-119
Grounding Plate Detail
S045-120
Trench Layout
S045-200
Trench Layout Payment Limits (Rock Excavation)
S045-201
Trench Bedding
S045-202
Standard Manhole Sections
S045-203
Sanitary Manhole Benching Details
S045-204
Typical Manhole Large Diameter Pipe (Manhole Bases)
S045-205
Interior Drop Manhole Detail
S045-206
Standard Manhole Frame & Cover
S045-207
Adjustable Manhole Frame & Cover
S045-207A
Adjustable Manhole Frame & Cover Installation
S045-207B
:Eli
'Y
City of Saint John
TABLE OF CONTENTS
STANDARD DRAWINGS
DRAWING TITLE
DRAWING NUMBER
Typical Catch Basins
S045-208
Typical Catch Basin Frame & Grate (Flat & Pyramid)
S045-209
Open Trash Rack
S045-210
Standard Service Connections
S045-211
Service Connections Into Sewers
S045-212
Sewer Service Inspection Chamber
S045-213
Service Trench Layout
S045-214
Service Trench Layout Pay Limits (Rock Excavation)
S045-215
Grade Ring and/or Adaptor Ring for Transition from Existing
S045-216
Concrete Cone Section to Adjustable Manhole Frame and Cover
Swale and Underdrain Details
S045-218
Typical Cross Section Local Street
S045-300
Typical Cross Section Collector Street
S045-301
Typical Cross Section 4 Lane Collector Street
S045-302
Typical Cross Section 5 Lane Arterial Street
S045-303
Typical Cross Section Rural Road
S045-304
Shared Use Trail Typical Cross Section
S045-304A
Typical Cross Section Streets & Services
S045-305
Utility Excavation Asphalt Concrete "T" Patch
S045-307
Street Restoration of Excavations Containing Structural Geogrid
S045-308
Typical Section Concrete Curb and Sidewalk with Grass Median
S045-309
Typical Section Concrete Curb and Sidewalk with Brick Median
S045-309A
Typical Section Concrete Curb and Full Width Sidewalk
S045-310
Details Concrete Curb - Concrete Curb & Gutter
S045-311
Typical Concrete Curb and Gutter at Catch Basin
S045-312
Typical Concrete Curb at Catch Basin
S045-312A
Concrete Sidewalk Typical Plan View
S045-313
Concrete Sidewalk Typical Cross Section
S045-314
Typical Access Ramps
S045-315
ilei
GROUND PLATE CONNECTOR, BARE
COPPER CONDUCTOR (COMPRESSION)
TO PLATE (BOLTED)
# 1 /0 AWG BARE COPPER
CONDUCTOR
6.35mm x 304.8mm x 406.8mm
GROUNDING PLATE ELECTRODE
DATE FEB 15 2022 1 REV. No. 1
GROUNDING PLATE
DETAIL
DWG. No.
SO45-120
CHECKED BY
SCALE N.T.S. I DATE FEB 15 2040
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TYPICAL
SECTION
CONCRETE
CURB
AND SIDEWALK
BRICK MEDIAN
a�yorsa�nc John
OWN. BY I GRANGER
DATE
JAN. 2004
REV. No. 3
DWG. No.
SO45-309A
CHECKED BY
SCALE N.T.S.
DATE FEB 2022
COMMON COUNCIL REPORT
M&C No.
2022-174
Report Date
May 09, 2022
Meeting Date
May 16, 2022
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: StormWind IT Online Training Website Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeatC
Manager
Hugh Kwak
Stephanie Rackley-Roachn
Kevin Fudge
Collin
RECOMMENDATION
RESOLVED that the City enter into an Epic Live Order Agreement with StormWind,
LLC, for online training via web -based learning management system in the form
attached to M&C No. 174; and that the Mayor and City Clerk be authorized to
execute said Agreement and any documents ancillary thereto.
EXECUTIVE SUMMARY
StormWind is an Information Technology (IT) online training platform providing IT
courses on new and updated technology. To remain current on technology
changes and additions, the IT service area needs access to training resources to
effectively manage the City's infrastructure, systems and assets. StormWind
provides the IT service area with valuable unlimited online courses as well as
instructor -led courses. The courses offered in the platform are directly related to
the deployed technology that the IT service area supports. To begin using the
online platform, Mayor and Council must agree to the privacy policy, and terms
and conditions.
PREVIOUS RESOLUTION
N/A
REPORT
After the cyberattack in 2020, the City implemented the most advanced
technology for network management, productivity tools, and other security
technology. These investments improved the City's cybersecurity and offer
collaborative applications which are required in modern workplaces. The
!E:3
-2-
migration to new technology was a rapid change for the IT service area employees
who support the technology and its users.
The Stormwind online training platform provides over 170 IT training courses,
frequent instructor -led courses, and unlimited access to the recorded courses,
including Microsoft products as well as Cisco, FortiNet, and VMWare, that are all
part of the City's core IT infrastructure. IT employees learned about the new
infrastructure and systems as they were implemented. They will be able to apply
this experience to the formal learning with StormWind to receive required
certifications. The online platform and self -paced design of training courses and
certification exams is ideal.
STRATEGIC ALIGNMENT
By increasing the employees' knowledge and comfort with the new IT
infrastructure and systems through training and certifications with the StormWind
platform, the City will benefit from the enhanced performance of the IT team
when managingthe IT infrastructure and systems. Business continuity is also more
secure and effective with faster response to incidents and efficient recovery.
SERVICEAND FINANCIAL OUTCOMES
Many vendors offer instructor -led IT courses at a cost of $3,000 to $6,000 a person
for a week-long course. StormWind provides unlimited access to multiple pre-
recorded courses per year, with similar quality to their competitors. Using this
training platform, the IT service area can leverage low-cost training and provide
an equal opportunity for each member of the IT team within the amount reserved
for training in the IT operational budget.
Three training platforms were reviewed when considering an online training
platform. StormWind is offering the City the 11 licenses required for the IT team
for $5,500 USD, which is $500 USD per person for one year. This is a 78% savings
off the list price, and is the best value offered by the platforms considered.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel's Office has reviewed the terms and conditions of the
StormWind agreement.
Supply Chain management has approved the purchase.
ATTACHMENTS
Epic Live Order Agreement with StormWind, LLC
StormWind Online Training Terms and Conditions of Use
StormWind Privacy Policy
STOR'MW AID
57"u trfUS
Prepared By
Fajen
Order Info
00077834
Order Number:
Access Term: 12
City of Saint John NB
Account Name:
Phone:
(506) 721-8934 Account ID 0018000000trkM5AAI
Shipping Info
Hugh Kwak
Shipping Name:
15 Market Square
Shipping Address:
Saint John NB
City: State:
Billing Info
Billing Name: Hugh Kwak
1
Billing Address:5 Market Square
Saint John NB
City: State:
Email: mike.fajen@stormwindlive.com
Epic Live Order Agreement
Phone:
Order Date: 05/31/2022 Quote Exp. Date: 05/31/2022
Order Type: New Access Date: 05/03/2022
Contact Name: Hugh Kwak
Email: hugh.kwak@saintjohn.ca
Shipping Email: hugh.kwak@saintjohn.ca
E2L4L1
Zip:
Billing Email: hugh.kwak@saintjohn.ca
E2L4L1
Zip:
Product
Product Code
Qnty
Sales Price
Total Price
Ultimate Access
AAXMO
11.00
500.00
5500.00
Notes and Special Instructions Sub Total
$ 5500.00
Discount
$ 0.00
Total
$ 5500.00
StormWind, LLC
Dept 3602 PO Box 123602
Dallas, TX 75312-3602
67i]
Document ID: 209293764dad8961741bd4e63e2220b2098a6a506f08bcOd494e739605c245cf
ST0RMW �D
6iUD105
Preferred payment option:
Purchase Order (Please email a copy to Preparer)
Purchase Order #:
Credit Card
CC#:
Cardholder Name:
Cardholder Address:
City: State:
Cisco Learning Credits
SO#:
Students Being Enrolled
Student 1 Name:
Title:
Student 2 Name:
Title:
Student 3 Name:
Title:
Student 4 Name:
Title:
Exp:
Expiration Date:
Email:
Email:
Email:
Email:
Epic Live Order Agreement
Phone:
Phone:
Phone:
Phone:
CID:
Zip:
Student 5 Name: Phone:
Title: Email:
If more than 5 students please contact Customer Service for enrollment: (480) 800-0054 or support(cDstorm wind. com.
oftow
Document ID: 209293764dad8961741bd4e63e2220b2098a6a506f08bcOd494e739605c245cf
StormWind, LLC
Dept 3602 PO Box 123602
Dallas, TX 75312-3602
STORM- AID
S ruo 1 0 S
Terms and Conditions
Epic Live Order Agreement
Agreement & Acceptance: The person signing this StormWind Epic Live Order Agreement on behalf of Customer hereby confirms
that he/she has been duly authorized by Customer to execute it and legally commit Customer to the terms set forth herein. He/she
also acknowledges having read and, on behalf of Customer, agreed to the terms and conditions set forth via the link below which
governs this Order Agreement.
http://www.stormwindstudios.com/privacv/
http://www.stormwindstudios.com/terms-conditions/
Client Signature: Date: Title:
StormWind Manager Signature
StormWind Finance Signature:
Make all checks payable to StormWind LLC
Tax I D: 26-4656059 Phone: 480.889.9966
05/04/2022
Date:
Date:
StormWind, LLC
Dept 3602 PO Box 123602
Dallas, TX 75312-3602
61
Document ID: 209293764dad8961741bd4e63e2220b2098a6a506f08bcOd494e739605c245cf
New Free IT Training For Managing a Remote Workplace
STORMW ND
StormWind0nh,,e,td,,,,,1'
and Conditions of bsk
WHEREAS, StormWind, LLC ("StormWind") desires to offer online training to students via
a web -based learning management system ("Campus") and Student agrees to purchase
access to the Campus; and NOW THEREFORE, in consideration of the premises and the
representations and mutual undertakings hereinafter set forth, and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree to the foregoing and as follows:
1. Subject Matter
StormWind is currently offering online training to students via a web -based learning
management system (the "Campus").
2. Account
By purchasing an account with StormWind, you gain access to the Campus and are
subject to these Terms and Conditions. If at any time, the Student does not wish to
accept or assent to be bound by the Terms and Condition, the Student may not use the
Campus.
3. Modification of Terms
StormWind reserves the right to modify these Terms at any time. Except as otherwise
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STORMW ND
acceptance of those changed terms and/or conditions.
4. Limited License
StormWind hereby grants each student limited, non-exclusive, non-sublicensable and
non -transferable access to the content and information available in the student
StormWind Campus according to the provisions contained herein, and subject to the
payment of the applicable contract fees and adherence to these Terms.
Each Multi -Student Account may only allow its employees and agents that have signed
up to access the student Campus. If the Multi -Student Account terminates, the Multi -
Student Account's employees and agents shall no longer have Access to the Campus.
Each Multi -Student Account agrees that the Campus may not be Accessed by more than
the authorized number of Students purchased by the Multi -Student Account. Each
Student shall be authorized to Access the Campus from any Internet connection.
A Multi -Student Account owner (the "Purchaser") shall be designated to oversee and be
responsible for management of the Student accounts.
5. Access to the StormWind Student Campus; Modification of Content.
StormWind strives to provide the Campus to its Students on a continuous basis. To that
end, StormWind will take all commercially reasonable efforts to provide uninterrupted
access to the Campus to its Students. However, from time to time, Students may be
unable to access the Campus due to conditions beyond StormWind's control. Such
conditions include, but are not limited to: force majeu re, acts of God, power outages,
and the acts of computer hackers and others acting outside the law. Also, from time to
time, access may be unavailable due to software issues, server downtime, increased
Internet traffic or downtime, programming errors, regular maintenance of the system,
and other related reasons. In response to any unavailability of the Campus to its
Students, StormWind will take all commercially reasonable steps to ensure access is
restored within a reasonable period of time. The term "commercially reasonable," as
used in these Terms, shall mean reasonable efforts taken in good faith without an
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the content, availability, access and/or the lerms of this Site. Such changes,
modifications, additions or deletions will be effective immediately upon notice thereof,
which notice may be made by posting such changes on the Campus.
Students are solely responsible for ensuring that they have sufficient and compatible
hardware, software, telecommunications equipment and Internet service necessary for
use of the Site.
6. Prohibited Conduct.
Student expressly agrees to refrain from doing, either personally or through an agent,
any of the following "Prohibited Conduct":
• Knowingly transmit, install, upload or otherwise transfer any virus, advertisement,
communication, or other item or process to the Campus that in any way affects the use,
enjoyment or service of the Site, or adversely affects StormWind's computers, servers or
databases.
• Permit or provide others access to the Campus using Your Student login and password
or otherwise, or the login and password of another authorized Student.
• Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create
derivative works from, assign, license, transfer or adapt any of the software, content,
information, text, graphics, source code or HTML code, or other content available on the
Campus.
• Transfer the Campus content to another person; "frame," "mirror," "in -line link," or
employ similar navigational technology to the Campus content.
• Violate or attempt to violate StormWind's security mechanisms, Access any data or
server you are not authorized to access or otherwise breach the security of the Campus
or corrupt the Campus in any way.
• Engage in any other conduct which violates the Copyright Act or other laws of the
United States.
• Use any device (such as a "web crawler" or other automatic retrieval mechanism) or
other means to harvest information about other Students, the Campus or StormWind.
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• Misrepresent Your Identity or personal Intormatlon when accessing the Campus.
• Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive,
threatening, objectionable or illegal material on the Campus or during a Live Class; post
a communication that advocates or encourages criminal conduct or conduct that may
give rise to civil liability.
• Provide access to an account or transfer account to another student when the paid
Student has completed their courses or if the paid Student is no longer with the paying
company/account. Transferring of accounts are prohibited.
7. LIMITED WARRANTIES.
StormWind warrants that the software that allows Students to access the Campus, if
operated as directed, will substantially achieve the functionality described on the
Campus. STORMWIND PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE,
TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR
SUFFICIENT TO ACCESS THE SITE.
ALTHOUGH STORMWIND HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON
THE CAMPUS, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO
THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION
AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
STUDENT ACCESSES THE CAMPUS AT HIS/HER/ITS OWN RISK. THE CAMPUS IS
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND
(BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR
STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON -INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE
SPECIFICALLY DISCLAIMED. STORMWIND DOES NOT WARRANT ANY PARTICULAR RESULT
FROM USE OF THE CAMPUS. STORMWIND DOES NOT WARRANT THAT THE
INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY
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EIMF)LUYEES, SHAREHULDERS, UIKtC: I UKS, UFHUEHS, I HIKU HAK I Y WN I EN I
PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF
DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY
UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR
EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY
RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF STORMWIND, COMPUTER
VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED
ACCESS TO OR USE OF STUDENT INFORMATION THROUGH THEFT OR ANY OTHER
MEANS. STORMWIND IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS
OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF STORMWIND IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR
DISCLAIMERS.
STORMWI N D DISCLAI MS ALL WARRANTI ES, AND SHALL HAVE NO LIABILITY FOR
DAMAGES IN EXCESS OF THE AMOUNT STORMWIND RECEIVED FROM THE SUBSCRIBER,
ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING
DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR
LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
9. Third Party Content; Hyperlinks.
You acknowledge that StormWind does not pre-screen third party materials. StormWind
is not the publisher or author of any information on the Campus that is provided by third
party content providers, and StormWind is not liable for any claims related to such
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The StormWind Student Campus may contain links and references to other third party
websites and materials. StormWind does not assume any responsibility for these
websites or materials and provides these links or materials solely for the convenience of
Students. StormWind does note nclorse or otherwise recommend any of these third
party webs ites, references, or the products, services, or information there offered.
StormWind may disable any hyperl Ink to the Campus.
STORMWIND MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -
INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES,
BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE
THAT ALLOWS STUDENTS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.
ADDITIONALLY, STORMWIND DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY
OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
10. Copyrights, Trademarks and Other Proprietary Rights.
StormWind or its third party content providers shall retain all worldwide rights in the
intellectual property in and on the Campus, including, but not limited to, trademarks,
service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML
code, the "look and feel" of the Campus, its color combinations, layout, and all other
graphical elements, and the copyrights in and to its original content. You should assume
that everything You read or see on the Campus is copyrighted, trademarked, or
otherwise protected and owned or licensed by StormWind. Except as expressly stated on
the Campus or in these Terms, nothing that You read or see in the Campus may be
copied, reproduced, modified, distributed, transmitted, republished, displayed or
performed for commercial use without the prior written consent of StormWind, except
as provided in these Terms.
If You submit any unsolicited intellectual property, idea, copyrightable material,
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officers, directors, agents, employees, shareholders, successors and assigns from and
against any cause of action or claim, including court costs, expenses and attorney fees,
related to or arising from Student's Prohibited Conduct or other improper or illegal use
of the Campus, or breach of these Terms.
12. Security; Authorized Use.
Students are prohibited from violating or attempting to violate the security of the
Campus. StormWind has the right but not the obligation to investigate occurrences of
possible violations and will cooperate with all applicable law enforcement authorities in
prosecuting violators. StormWind may suspend your access, with notification to you,
while it conducts an investigation. Students are required to enter a Student login and
password to access the Campus.
You represent and warrant that You are the person on whose behalf You claim to accept
these Terms, or, if You are entering into these Terms on behalf of a person or entity, You
represent and warrant that You have the power and authority to enter into these Terms
and bind the person or entity.
You may not use the account, Student login or password of someone else at any time.
You agree to notify StormWind immediately of any unauthorized use or loss of Your
account, Student login, password and/or credit card information. You also agree to
notify StormWind immediately if You are aware of or suspect other unauthorized use of
the Campus and/or the Campus content. StormWind will not be liable for any loss that
You incur as a result of someone else using Your Student name and password with or
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71
COUNCIL REPORT
M&C No.
2022-164
Report Date
May 12, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Contract No. 2021-14: Germain Street (St. James Street to Lower
Cove Loop) & Lower Cove Loop — Water, Sanitary and Storm Sewer
Renewal and Street Reconstruction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Kevin O'Brien
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that: a) Council approve reallocating $87,000 of funding
from the 2021 Visart Street Capital Project to the Germain Street (St. James
Street to Lower Cove Loop) & Lower Cove Loop — Water, Sanitary and Storm
Sewer Renewal and Street Reconstruction project to offset the projected
budget variance as outlined in this report;
b) Council approve reallocating $75,000 of funding from the 2021 Prospect
Street Lift Station Capital Project to the Germain Street (St. James Street to
Lower Cove Loop) & Lower Cove Loop — Water, Sanitary and Storm Sewer
Renewal and Street Reconstruction project to offset the projected budget
variance as outlined in this report;
c) Contract No. 2021-14: Germain Street (St. James Street to Lower Cove Loop)
& Lower Cove Loop — Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction be awarded to the low Tenderer, TerraEx Inc., at their tendered
price of $1,965,949.15 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and City Clerk be authorized to execute
the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2021-
14: Germain Street (St. James Street to Lower Cove Loop) & Lower Cove Loop
— Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the
low Tenderer.
-2-
PREVIOUS RESOLUTION
July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital
Programs Revision III, approved.
REPORT
I:1_TO15felK6110101
The approved 2021 General Fund and Water and Sewerage Utility Fund Capital
Programs include funding for the reconstruction of Germain Street from Lower
Cove Loop to St. James Street and the installation of a watermain and sanitary
sewer for sewer separation on Lower Cove Loop. The work on Germain Street
involves the replacement of the existing watermain and sanitary sewer,
installation of a new storm sewer for separation and full street reconstruction
including new concrete curb and sidewalk, grass medians, roadway granular
material, asphalt, trees and signage. The work on Lower Cove Loop involves
the installation of a new separated sanitary sewer from Charlotte Street to the
Lower Cove Loop Wastewater Pumping Station, installation of a new
watermain from Germain Street to Charlotte Street and roadway
reinstatement.
TENDER RESULTS
Tenders closed on April 26, 2022, with the following results, including HST:
1. TerraEx Inc. $1,965,949.15
2. Fairville Construction Ltd. $2,437,425.00
The Engineer's estimate for the work was $1,457,825.10, including HST.
The variance between the Engineer's Estimate and the low tendered price can
mainly be attributed due to the significant depth of excavation required for the
new sanitary sewer on Lower Cove Loop. The depth of excavation is much
greater than a typical sewer main depth as this is the overall collector sewer in
this area of the Central Peninsula. In order to install the new sanitary sewer
main at a depth of approximately 6 metres, an engineered slide rail shoring
system is required for limiting the required excavation width. Due to the
required depth of the sanitary sewer, it is expected that the Contractor will
have to work with tidal influence which likely increased the City's costs for
installation of this new pipe. It should be noted that at the time of budgeting
for this project the required depth of the new sanitary sewer was not known
therefore standard budget allowances were used for the estimated new sewer
installation costs. It is not until the project has gone through the preliminary
rM
-3-
design phase that further information is known about the required depth of
the sewer.
It is anticipated that the increased pricing the City is seeing with this tender
result is largely due to the significant amount of work available for contractors
to bid, the increased cost of diesel, issues with the supply chain due to market
demand and overall inflation pressures.
ANALYSIS
The tenders were reviewed by staff and all were found to be formal in all
respects. Staff is of the opinion that the low tenderer has the necessary
resources and ability to perform the work and recommend acceptance of their
tender.
As this project includes a new sewer that will collect sanitary flows from a large
area of the Central Peninsula, Staff recommend acceptance of this tender even
though it is noted below as significantly over budget. If this project was not
completed or delayed it would result in a domino effect which would delay
other upstream Bilateral funded projects planned for future years as the
elevation of the lower sewers needs to be established before replacing other
sewers at higher elevations.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2021 General Fund and
Water and Sewerage Utility Fund Capital Programs. This project is partially
funded by the Integrated Bilateral Funding program. Assuming award of the
Contract to the low tenderer, an analysis has been completed which includes
the estimated amount of work that will be performed by the Contractor and
Others.
The analysis is as follows:
Budget $1,145,000.00
Project Net Cost $2,106,556.15
Variance (Shortfall) -$ 961,556.15
The noted shortfall can be addressed through several steps below.
• Reallocate $87,000 of General Fund funding from the 2021 Visart
Street Capital Project to the Germain Street (St. James Street to Lower
Cove Loop) & Lower Cove Loop — Water, Sanitary and Storm Sewer
Renewal and Street Reconstruction project. This reallocated funding
rL!
-4-
will fully fund a new storm sewer on Lower Cove Loop that was not
included in the Integrated Bilateral Agreement project scope.
• In order to address the Utilities share of the shortfall within the
Integrated Bilateral Program envelope $75,000 of funding is
recommended to be reallocated from the 2021 Prospect Street Lift
Station Capital Project to the Germain Street (St. James Street to Lower
Cove Loop) & Lower Cove Loop — Water, Sanitary and Storm Sewer
Renewal and Street Reconstruction project.
• The remainder of the projected budget shortfall can be managed
within the overall approved 2021 Water & Sewerage Utility Fund and
General Fund Capital Programs, as there were multiple Integrated
Bilateral Funded projects that came in under budget in 2021 these
funded projects surpluses will be utilized as an offset for the Germain
Street and Lower Cove Loop funding shortfall ($812,182.55 Utility
Share & $63,030.45 General Fund Share) (26.67% City Share -
$233,419.31 & 73.33% Other Share — $641,793.69).
• It should be noted that the Integrated Bilateral Agreement Funding is
not tied specifically to the Utility or General Fund Programs therefore
the Bilateral Agreement Funding envelope will be used to cover
funding shortfalls whether it be Utility Fund or General Fund.
Ili1414V=9: 1►107: 1ilk] 1►We] tole] 0RI1: [a]Ius] ► Kole] ►11: T41N
The recommendation in this report is made in accordance with the provisions
of Council's policy for the tendering of construction contracts, the City's
General Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities for GROW, MOVE, GREEN AND
PERFORM as the project includes reconstructing a section of a City street that
is currently in poor condition while leveraging Other Share funding. The work
also involves the installation of a new sanitary sewer which will allow full
separation of flows being directed to the wastewater pumping station from the
new sewer.
During the design phase of the work for this project, a review of the Central
Peninsula Secondary Plan (The Secondary Plan) was completed. The Secondary
Plan contains several Policies and Proposals relating to the Central
Peninsula. Throughout the engagement process in developing the Plan, more
street trees and greening was identified as a community priority. With respect
to Germain Street (St. James Street to Lower Cove Loop), the Secondary Plan
included the priorities for more street trees and greening as this block
01
-5-
presently does not have grass nor trees, it is simply asphalt including asphalt
sidewalks. There was also a noted desire to improve pedestrian infrastructure.
The reconstruction of Germain Street (St. James Street to Lower Cove Loop)
includes the water and sanitary sewer infrastructure as well as a new storm
sewer for separation. This street reconstruction design achieves a more livable
environment in the Uptown. A few noteworthy improvements include:
• Traffic Calming— Road narrowing is a recognized traffic (speed) calming
measure. The existing street cross-section (asphalt width) ranges
between 7.5 — 11 m. By reducing the asphalt surface to a consistent
width of approximately 7.5 m, this will maintain sufficient travel lane
width and alternate side on -street parking while enhancing safety
through traffic calming.
• Pedestrian Access Ramps — the addition of access ramps will be
installed in the sidewalks at pedestrian crossings flush with the asphalt
roadway surface to remove any barriers to access by all users of the
pedestrian transportation infrastructure. Shorter pedestrian crossing
distances for pedestrians at intersections also promotes additional
safety, which will be achieved for Germain Street (St. James Street to
Lower Cove Loop) given the planned road narrowing.
• New Sidewalks - Replacement of asphalt sidewalks with new concrete
curb and sidewalks.
• Grass Medians and Trees - The addition of grass medians provides
greenspace between the road and the property line or sidewalk thereby
enhancing an area where many of the buildings either face directly at
the street or are at the edge of the right-of-way. Street trees, once fully
grown, can act as another traffic (speed) calming measure as these
create a tunnelling effect. The new grassed medians being proposed
are 2.1 meters wide on the east side and 2.7 meters wide on the west
side. This "greening" is in -line with the Central Peninsula Secondary
Plan and Council's new priorities.
The Secondary Plan includes a proposal to extend Germain Street to connect
with Lower Cove Loop to re-establish the grid pattern of streets and also open
up more land for residential development by contemplating a stop up and
closure of Ross Street. During the design phase of the project, staff
investigated the feasibility of extending Germain Street as part of this project,
without stopping up and closing Ross Street. After conducting a full review,
staff concluded that it was not possible to extend Germain Street to Lower
Cove Loop at this time due to the proximity of the Germain Street/Lower Cove
Loop and the Germain Street/Ross Street intersections. There is insufficient
space between these two intersections to safely allow vehicles to make the
permitted movements. To extend Germain Street as part of this project, it
01.1
-6-
would be necessary to either (1) stop up and close Ross Street; (2) acquire land
and realign Ross Street so that it intersects Germain Street further north; or (3)
acquire land and construct a turnaround at the Germain Street end of Ross
Street. Given that there are currently property parcels that rely on Ross Street
for their only access, the immediate stop up and closure of Ross Street isn't a
viable option. The other two options would require the investment of funds to
acquire land and reconstruct a street that is proposed within the Central
Peninsula Secondary Plan to be stopped up and closed in the future and were
also not seen as viable. Therefore, staff proceeded with a design that did not
include the immediate extension of Germain Street to Lower Cove Loop.
However, the underground and surface infrastructure included in this project
have been designed to facilitate the extension of Germain Street to Lower Cove
Loop when Ross Street is stopped up and closed in the future likely when
private sector activity has progressed to necessitate such.
Based on the Secondary Plan and MoveSJ, Germain Street has not been
designated in the overall Plan as being a preferred route for bike lanes and
therefore no specific cycling infrastructure is planned for this street. The traffic
calming measures described are expected to encourage slower speeds for the
benefit of cyclists. As is the case on every City Street, "Ellen's Law" requires
motorists to provide space for cyclists if passing.
The work on Lower Cove Loop involves the installation of underground
infrastructure and only the reinstatement of the roadway surface as necessary
following pipe installation. There are no changes being made to the roadway
cross section of Lower Cove Loop.
SERVICEAND FINANCIAL OUTCOMES
The municipal infrastructure on this section of Germain Street is in poor
condition and requires replacement. The renewal of the infrastructure will
reduce the likelihood of future service disruptions to the local residents due to
infrastructure failures. The storm water and sanitary sewer flows will also be
separated on this section of Germain Street as well as on Lower Cove Loop.
The separated sanitary sewer on Lower Cove Loop will also support future
sewer separation efforts in the Charlotte Street/Broad Street area of the
Central Peninsula.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report was reviewed with Public Works and Transportation Services and
Growth and Community Services. The tendering process for this project was
completed in accordance with the City's procurement policy and Supply Chain
Management supports the recommendation being put forth.
No
-7-
Finance also reviewed the report to ensure recommendations to reallocate
Capital funding adhered to Capital budget policy.
ATTACHMENTS
N/A
N-11
COUNCIL REPORT
M&C No.
2022-158
Report Date
May 10, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Council
SUBJECT. Contract No. 2022-04: Mecklenburg Street (Wentworth Street to
Crown Street) — Water, Sanitary and Storm Sewer Renewal and
Street Reconstruction
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Holly Young
J. Brent McGovern /
Michael Baker
John Collin
RECOMMENDATION
It is recommended that Contract No. 2022-04: Mecklenburg Street (Wentworth
Street to Crown Street) — Water, Sanitary and Storm Sewer Renewal and Street
Reconstruction be awarded to the low Tenderer, Fairville Construction Ltd. at
their tendered price of $1,934,300 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and City Clerk be authorized
to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award 2022-04:
Mecklenburg Street (Wentworth Street to Crown Street) — Water, Sanitary and
Storm Sewer Renewal and Street Reconstruction to the low tenderer.
PREVIOUS RESOLUTIONS
November 15, 2021: M&C 2021-303; 2022 General Fund and Utility Fund
Capital Budgets.
November 29, 2021: M&C 2021-334; Revised 2019-2023 Canada Community
— Building Fund (Formerly the Gas Tax Fund) Capital Investment Plan & General
Fund Capital Program - Revision I, approved.
r�:7
-2-
REPORT
BACKGROUND
The approved 2022 Water & Sewerage Utility Fund and General Fund Capital
Programs include funding for the reconstruction of Mecklenburg Street from
Wentworth Street to Crown Street. The work involves the replacement of the
existing watermain and sanitary sewer, installation of a new storm sewer for
separation, and full street reconstruction including new concrete curb and
sidewalk, grass medians, roadway granular materials, asphalt, trees, and
signage.
TENDER RESULTS
Tenders closed on April 271h, 2022, with the following results, including HST:
1. Fairville Construction Ltd. $1,934,300.00
2. Galbraith Construction Ltd. $2,349,329.25
The Engineer's estimate for the work was $1,555,810.85, including HST.
The low tendered price is significantly higher than what the City received for
tender pricing on comparable projects in 2021. The variance between the
Engineer's Estimate and the low tendered price can mainly be attributed to the
higher than anticipated unit prices for the supply and placement of water and
sewer piping and appurtenances.
It is anticipated that the increased pricing the City is seeing with this tender
result is largely due to the significant amount of work available for contractors
to bid, the increased cost of diesel, issues with the supply chain due to market
demand and overall inflation pressures.
The tenders were reviewed by staff and all were found to be formal in all
respects except for the tender from TerraEx Inc. Upon detailed review
following the Tender Opening, the tender submitted by TerraEx Inc. failed to
bid an item. In accordance with Division 2 — Instructions to Tenderers and
Tendering Procedures, item 2.8.03 (c), where there is failure to bid an item, the
tender shall be disqualified. Staff is of the opinion that the low tenderer has
the necessary resources and expertise to perform the work and recommend
acceptance of their tender.
E:ii]
-3-
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2022 Water & Sewerage
Utility Fund and the General Fund Capital Programs. This project is partially
funded by the Integrated Bilateral Funding program. Assuming award of the
Contract to the low tenderer, an analysis has been completed which includes
the estimated amount of work that will be performed by the Contractor and
Others.
The analysis is as follows:
Budget $ 1,450,000
Project Net Cost $ 2,043,828
Variance (Shortfall) $ 593,828
The breakdown of the above noted shortfall is $483,841 in required Utility
Fund funding and $109,987 in required General Fund funding. Of the overall
shortfall 73.33% (40% Federal & 33.33% Provincial) ($435,454.07) of it will be
managed within the Integrated Bilateral Funding Agreement overall envelope.
The $158,373.93 of outstanding shortfall ($129,040.40 — Utility Share /
$29,333.53 — General Fund Share) will need to be funded with City Share
funding by reallocating funding from a 2022 Capital Program Utility and
General Fund project. It is recommended that Staff return to Finance
Committee and Council in the coming weeks with a proposed plan to reallocate
the necessary City Share funding to cover the noted City Share shortfalls.
It should be noted that the Integrated Bilateral Agreement Funding is not tied
specifically to Utility or General Fund Programs therefore the Bilateral
Agreement Funding envelope will be used to cover shortfalls whether it be
Utility Fund or General Fund.
POLICY - TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions
of Council's policy for the tendering of construction contracts, the City's
General Specifications and the specific project specifications.
STRATEGIC ALIGNMENT
This report aligns with Council's Priorities for GROW, MOVE, GREEN AND
PERFORM as the project includes reconstructing a City street that is currently
in poor condition while leveraging Other Share funding.
E:1iI
-4-
During the design phase of the work for this project, a review of the Central
Peninsula Secondary Plan (The Secondary Plan) was completed. The Secondary
Plan contains several Policies and Proposals relating to the Central
Peninsula. Throughout the engagement process in developing the Plan, more
street trees and greening was identified as a community priority. With respect
to Mecklenburg Street, the Secondary Plan included priorities for more street
trees and greening as these blocks presently have minimal grass and trees. As
well, there was also a noted desire to improve pedestrian infrastructure.
The reconstruction of Mecklenburg Street includes the water and sanitary
sewer infrastructure as well as a new storm sewer for separation. This street
reconstruction design achieves a more livable environment in the Uptown. A
few noteworthy improvements include:
• Traffic Calming — The new street cross section width will remain at 8.0
metres to provide just enough space for a travel lane and instances
(twice per month) when parking on both sides is permitted. Despite
planned removal of the existing curb extensions to align with other
reconstructed sections of this street and to support effective snow
clearing operations, on -street parking will continue to provide a road
narrowing effect.
• Pedestrian Access Ramps — the addition of access ramps will be
installed in the sidewalks at pedestrian crossings flush with the asphalt
roadway surface to remove any barriers to access by all users of the
pedestrian transportation infrastructure.
• New Sidewalks - Replacement of asphalt sidewalks with new concrete
curb and sidewalks is included. A new smooth concrete surface,
including the continued use of sawed (not troweled) control joints, will
benefit all pedestrians.
• Grass Medians and Trees - Grass medians provide more greenspace
between the road and the property line or sidewalk thereby enhancing
an area where many of the buildings either face directly at the street or
are at the edge of the right-of-way. The new grassed medians range
from 0.5 meters wide to 1.0 meters depending on the block that is being
reconstructed.
Designated cycling facilities are not recommended in the Secondary Plan or in
MoveSJ for Mecklenburg Street and therefore were not incorporated into this
design. Cyclists can still drive bicycles on Mecklenburg Street with traffic and,
except for 12 hours per month when parking on both sides of the street is
permitted, there is space for cyclists to operate adjacent to traffic.
-5-
SERVICEAND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the local residents. The storm water and sanitary
sewer flows will be separated on these sections of Mecklenburg Street,
pedestrians will be able to walk on the new concrete sidewalks rather than
deteriorated asphalt surfaces, asphalt road resurface will be new, many trees
will be planted, and grass medians added.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Tendering process for this project was completed in accordance with the
City's Procurement Policy and Supply Chain Management supports the
recommendation being put forth. Growth and Community Services, and Public
Works and Transportation Services have reviewed and provided input to the
design.
Finance also reviewed the report to ensure recommendations to reallocate
Capital funding adhered to Capital budget policy.
ATTACHMENTS
N/A
E:ic3
COMMON COUNCIL REPORT
M&C No.
2022-167
Report Date
May 10, 2022
Meeting Date
May 16, 2022
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Designation of a By-law Enforcement Officer
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Benn Purinton
J Hamilton /A Poffenroth
John Collin
RECOMMENDATION
It is recommended that Common Council adopt the attached resolution
appointing Dawson Mitchell as a by-law enforcement officer for various City By-
laws.
EXECUTIVE SUMMARY
The purpose of this report is to designate Dawson Mitchell, Temporary Technical
Services Junior Engineer, as a by-law enforcement officer for the various by-laws
which are enforced by the Growth and Community Services department.
In doing so, Mr. Mitchell will be authorized to:
• Issue Orders to Comply and Notices to Comply with respect to
enforcement of by-laws that fall within the scope of the Community
Planning Act and the Local Governance Act;
• Lay informations in Provincial Court with respect to enforcement of by-
laws that fall within the scope of the Community Planning Act and the Local
Governance Act; and
• Conduct inspections pertaining to enforcement of by-laws that fall within
the scope of the Community Planning Act and the Local Governance Act.
PREVIOUS RESOLUTION
N/A
E:iI
-2-
REPORT
It is necessary at this time to designate Dawson Mitchell, newly hired Temporary
Technical Services Junior Engineer, as a by-law enforcement officer by adopting
the attached resolution so that they may carry out their duties pertaining to
enforcement of the Zoning By-law, the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law and the Saint John Minimum Property
Standards By-law.
STRATEGIC ALIGNMENT
Enforcement of by-laws aligns with Council's "Growth" and "Belong" Priorities.
SERVICEAND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Resolution appointing Dawson Mitchell as a by-law enforcement officer
E:16'7
COMMON COUNCIL / CONSEIL COMMUNAL
May 16, 2022 / le 16 mai 2022
RESOLVED, that as recommended by the City Manager, the following resolution be
adopted:
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John
Minimum Property Standards By-law, By-law Number M-14, and amendments
thereto (the "Saint John Minimum Property Standards By-law"), and it may from
time to time be necessary to commence proceedings in the Provincial Court of the
Province of New Brunswick, when a person has violated or failed to comply with
the said By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 25(1) of the Saint John Minimum Property
Standards By-law provides that a by-law enforcement officer appointed by
council may notify the owner or occupier of premises, dwelling, dwelling
unit or structure by issuing an Order where the condition of the premises,
dwelling, dwelling unit or structure does not comply with said By-law;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Dawson Mitchell is hereby
appointed as a by-law enforcement officer with respect to the
enforcement of the Saint John Minimum Property Standards By-
law, effective immediately, and this appointment shall continue
until they cease to be employees of the Growth and Community
Services department of The City of Saint John or until it is rescinded
by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Dawson Mitchell is hereby
appointed and authorized to notify owners and occupiers where
the condition of the premises, dwellings, dwelling units or
structures does not comply with the Saint John Minimum Property
Standards By-law, effective immediately, and this appointment and
authorization shall continue until they cease to be employees of
the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
E:11.1
COMMON COUNCIL / CONSEIL COMMUNAL
May 16, 2022 / le 16 mai 2022
AND BE IT FURTHER RESOLVED, that Dawson Mitchell is hereby
designated and authorized to lay informations in the Provincial
Court of the Province of New Brunswick for breach of the SaintJohn
Minimum Property Standards By-law, effective immediately, and
this designation and authorization shall continue until they cease
to be employees of the Growth and Community Services
department of The City of Saint John or until it is rescinded by
Common Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John
Minimum Property Standards By-law, By-law Number M-14 and amendments
thereto (the "Saint John Minimum Property Standards By-law"), and it may from
time to time be necessary to make inspections for the administration and
enforcement of the By-law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides
that a council may authorize by-law enforcement officers to enter the land,
building or other structure at any reasonable time, and carry out the
inspection after giving reasonable notice to the owner or occupant of the
land, building or other structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Dawson Mitchell, by-law
enforcement officer, is hereby appointed as an inspection officer
and authorized to enter at all reasonable times upon any property
within the territorial boundaries of the City of Saint John for the
purpose of making any inspection that is necessary for the
administration and enforcement of the Saint John Minimum
Property Standards By- law which received first and second reading
by Common Council on September 10, 2018 and third reading on
September 24, 2018, being enacted upon approval by the Minister
of Local Government, and/or the Local Governance Act effective
immediately, and this authorization shall continue until they cease
to be employees of the Growth and Community Services
department of The City of Saint John or until rescinded by Common
Council, whichever comes first.
2
E:Yl
COMMON COUNCIL / CONSEIL COMMUNAL
May 16, 2022 / le 16 mai 2022
3. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John
Unsightly Premises and Dangerous Buildings and Structures By-law, By-law
Number M-30, and amendments thereto (the "Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law"), and it may from time to time be
necessary to commence proceedings in the Provincial Court of the Province of
New Brunswick, when a person has violated or failed to comply with the said By-
law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act
provide that an officer appointed by council may notify the owner or
occupier of premises, a building or structure by notice in the form
prescribed by regulation when a condition exists pursuant to subsections
131(1), 131(2) or 131(3) of the said Act;
AND WHEREAS subsection 150(1) of the Local Governance Act provides
that proceedings for breach of a by-law shall be commenced in the name
of the clerk of the local government or such other person as is designated
for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Dawson Mitchell is hereby
appointed as a by-law enforcement officer with respect to the
enforcement of the Saint John Unsightly Premises and Dangerous
Buildings and Structures By-law, effective immediately, and this
appointment shall continue until they cease to be employees of the
Growth and Community Services department of The City of Saint
John or until it is rescinded by Common Council, whichever comes
first;
AND BE IT FURTHER RESOLVED, that Dawson Mitchell is hereby
appointed and authorized to notify owners and occupiers with
respect to premises, buildings or structures that are unsightly;
buildings or structures that are a hazard to the safety of the public
by reason of being vacant or unoccupied; buildings or structures
that are a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength, as set out in the
Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law, effective immediately, and this appointment
and authorization shall continue until they cease to be an employee
3
E:1:1
COMMON COUNCIL / CONSEIL COMMUNAL
May 16, 2022 / le 16 mai 2022
of the Growth and Community Services department of The City of
Saint John or until it is rescinded by Common Council, whichever
comes first;
AND BE IT FURTHER RESOLVED, that Dawson Mitchell is hereby
designated and authorized to lay informations in the Provincial
Court of the Province of New Brunswick for breach of the SaintJohn
Unsightly Premises and Dangerous Buildings and Structures By-law,
effective immediately, and this designation and authorization shall
continue until they cease to be employees of the Growth and
Community Services department of The City of Saint John or until
it is rescinded by Common Council, whichever comes first.
4. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto (the "Local Governance Act"), including the Saint John
Unsightly Premises and Dangerous Buildings and Structures By- law, By-law
Number M-30 and amendments thereto (the "Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law"), and it may from time to time be
necessary to make inspections for the administration and enforcement of the By-
law;
AND WHEREAS section 72 of the Local Governance Act provides that a
council may appoint by-law enforcement officers for the local government
and may determine their terms of office;
AND WHEREAS subsection 144(2) of the Local Governance Act provides
that a council may authorize officers enter the land, building or other
structure at any reasonable time, and carry out the inspection after giving
reasonable notice to the owner or occupant of the land, building or other
structure to be entered;
NOW THEREFORE BE IT RESOLVED, that Dawson Mitchell, by-law
enforcement officer, is hereby appointed as an inspection officer
and authorized to enter at all reasonable times upon any property
within the territorial boundaries of the City of Saint John for the
purpose of making any inspection that is necessary for the
administration and enforcement of the Saint John Unsightly
Premises and Dangerous Buildings and Structures By-law which
received first and second reading by Common Council on May 22,
2018 and third reading on June 4, 2018, being enacted upon
approval by the Minister of Local Government, and/or the Local
Governance Act effective immediately, and this authorization shall
continue until he ceases to be an employee of the Growth and
4
E-lue
COMMON COUNCIL / CONSEIL COMMUNAL
May 16, 2022 / le 16 mai 2022
Community Services department of The City of Saint John or until
rescinded by Common Council, whichever comes first.
5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and
amendments thereto, provides that within thirty days after the terms of a notice
have been complied with or a debt due to a local government or due to the
Minister of Finance, as the case may be, is discharged, the local government shall
provide a certificate in the form prescribed by regulation which requires that the
corporate seal of the local government be affixed;
NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is
hereby authorized to affix the corporate seal of The City of Saint John to a
Certificate of Discharge that is issued by Dawson Mitchell under the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law,
and such authorization shall continue until Jonathan A. Taylor ceases to be
the City Clerk of The City of Saint John or until it is rescinded by Common
Council, whichever comes first.
6. WHEREAS, the Common Council of The City of Saint John has enacted certain
bylaws pursuant to the authority of the Community Planning Act, S.N.B 2017, c.
19, and amendments thereto, (the "Community Planning Act"), including The
Zoning Bylaw, By-law Number C.P. 110, including all amendments thereto, and it
may from time to time be necessary to commence proceedings in the Provincial
Court of the Province of New Brunswick, when a person has contravened or failed
to comply with these By-laws;
AND WHEREAS paragraph 137(a) of the Community Planning Act provides
that no person shall violate or fail to comply with a provision of a by-law
made under this Act;
AND WHEREAS section 139 of the Community Planning Act provides that
proceedings for an offence under this Act shall be commenced in the name
of the Minister or the clerk of the local government or any other person
who is designated for that purpose by the council;
NOW THEREFORE BE IT RESOLVED, that Dawson Mitchell is hereby
designated and authorized to lay informations in the Provincial
Court of the Province of New Brunswick for breach of The Zoning
By-law, effective immediately, and this appointment and
authorization shall continue until she ceases to be an employee of
the Growth and Community Services department of The City of
Saint John or until it is rescinded, whichever comes first.
5
0191
D '� r r I l
jl
COUNCIL REPORT
M&C No.
2022-177
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Utilities and
Infrastructure Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Fundy Quay Public Space — Infrastructure Canada Project Scope
Change
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jeffrey Cyr
J. Brent McGovern
I John Collin
RECOMMENDATION
It is recommended that the City enter into Agreement with the Regional
Development Corporation for a change of scope to the funding under the Canada
— New Brunswick Integrated Bilateral Agreement for Investing in Canada
Infrastructure Program for the project entitled "Fundy Quay - Harbour Passage
(Phase 1)" in the form as presented to Council at its May 16, 2022 meeting; and
that the Mayor and City Clerk be authorized to execute said Agreement.
EXECUTIVE SUMMARY
At its February 7, 2022 meeting, Council directed the City manager to work with
the Province of New Brunswick and the Government of Canada to pursue a scope
change to remove the pedway from the Integrated Bilateral funding agreement
for the public space construction at market slip. In late April of 2022, the City was
informed by the Province's Regional Development Corporation that Infrastructure
Canada had approved the project scope change request as submitted. This retains
the full envelope of federal funding for the project while removing the high costs
of the pedway component. The attached agreement letter is for the execution this
scope change.
PREVIOUS RESOLUTION
February 22, 2021; (M&C 2021-05) Approved Utility and General Fund — Revised
2021 Capital Programs
February 22, 2021: (M&C 2021-045) Approved Architectural Services: Loyalist
Plaza & Fundy Quay Harbour Passage Extension.
March 22, 2021: (M&C 2021-088) Fundy Quay — Infrastructure Funding — Letters
of Offer.
021
-2-
February 07,2022; (M&C 2021-38) Directed City Manager to:
1. Remove the pedway from the Fundy Quay scope of work.
2. Work with the Province of New Brunswick and the Government of Canada
to retain all funding associated with the pedway such that the funding can
be used in the public space to achieve the full scope of the project as
presented in M&C No. 2022-38, and
3. Complete the preparation of tender documents and proceed with
tendering the Fundy Quay Public Space project based upon the full project
scope as outlined in M&C No. 2022-38.
REPORT
Background
At its February 7, 2022 meeting, Common Council directed the City Manager to
work with the Province of New Brunswick and the Government of Canada to
pursue a scope change to remove the pedway from the Integrated Bilateral
funding agreement for the public space construction at market slip. This was
recommended by the project team for the following reasons:
• Budget, significant cost of construction increases had occurred since the
outset of the project as the price of steel increased dramatically.
• Timing, the Federal Funding timelines required the completion of
construction of the pedway prior to the construction of the building it is
planned to connect to.
• Design, value engineering efforts to reduce the budget impacts of the
pedway resulted in undesirable structural features that could not be
recommended as part of the public space design.
• Public Feedback, the pedway component of the project was identified by
the public as the least desirable feature presented in the design plans.
As a result, the project team submitted a change request which included an
extension of an enhanced Harbour Passage section from the Library to the Hilton
Hotel and further enhancements to the side entrance of Market Square as shown
in the image below. These features were not contemplated in the original funding
application and represent a similar cost profile to the initial estimates for the
pedway submitted to Infrastructure Canada.
My
-3-
Infrastructure Canada Scope Change Decision
In late April of 2022, the project team were informed by the Provinces Regional
Development Corporation that Infrastructure Canada had approved the project
scope change request as submitted. This retains the full envelope of federal
funding for the project while removing the high costs of the pedway component.
The attached agreement letter is for the execution this scope change.
STRATEGIC ALIGNMENT
The Fundy Quay project aligns with Council's priorities of GROW, GREEN,
BELONG, MOVE and PERFORM.
SERVICEAND FINANCIAL OUTCOMES
The attached federal funding scope change agreement letter retains the full
envelope of Federal Funding while removing the financially challenging pedway
component. This will support the construction of the Fundy Quay public space
design as presented to the public in September of 2021.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
1. Fundy Quay Public Space Project Scope Change Agreement
019]
BNew Nouveau
runswick
C A N A D A
May 3, 2022
Her Worship Donna Reardon
Mayor of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick E21- 41-1
SUBJECT: Project No.: 13347
Project Name: Fundy Quay — Harbour Passage (Phase 1)
Dear Mayor Reardon:
I am pleased to inform you that the scope change request submitted on February 11t1,
2022, has been approved by Infrastructure Canada (INFC).
Change requested:
• Remove the pedway component and replace it with other comparable active
transportation components
New project name: Fundy Quay - Harbour Passage (Phase 1)
New project description: Of the 5 kilometers of waterfront in the City of Saint John's
Central Peninsula neighborhood, more than 90% of it is currently inaccessible. This project
will extend the City's waterfront boardwalk and harbor passage system, effectively
doubling the amount of accessible waterfront in Uptown Saint John. This key
transportation and recreational infrastructure will improve connections from the waterfront
to the rest of the harbour passage trail system, enhancing linkages between the City's
Central Peninsula, the North End and the West Side. The harbour trail extension will
encompass a roughly 20 to 30-foot-wide public space system along the edge of the Fundy
Quay property and the Market Square boardwalk, spanning roughly 850 metres in total
length and roughly 11, 000 square meters in area. Phase 1 will connect from Smyth Street
to King Street and the Fundy Quay property with approximately 300 Metres of linear trails
and small meandering walkways. An additional 150 Metres of trail will be constructed on
Regional Development Corporation/Soci&e de d6veloppement r6gional
P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada
•1
Page 2
the Fundy Quay property, for a total of 450 Metres in phase 1 and an approximate area of
8,500 square metres. This will help to rehabilitate the deteriorating downtown boardwalk
system, and reroute the existing trail system at Loyalist Plaza to integrate with new
sections. The trail system will include ancillary public spaces at Loyalist Plaza to provide
public amenities and to encourage usage of the trail system, including amenity space
along Market Square, the central destination of the trail system.
Upon initial review of the request, it was determined that this constitutes a minor
modification to your Project that will not affect the terms of the original project approval.
We are pleased to inform you that the project change has been approved on April 261,
2022. All other terms and conditions under the Agreement remain unchanged.
I would appreciate if you could confirm your acceptance of the conditions by this
amendment and returning it to RDC at IBA-EBI(a)_gnb.ca. Please feel free to contact Sarah
Robichaud, Project Executive, at (506) 453-5644 or sarah.robichaud(&-gnb.ca if you have
any questions or concerns.
This amendment has been approved on behalf of the City of Saint John:
Mayor:
Clerk:
Date :
Sincerely,
Cade Libby
President
Cc: Jeff Cyr, Envision Saint John
OV
Staff Recommendation for Council Resolution
Property: 66 Sydney Street
Public Hearing: May 16, 2022
Item
Required:
(Y/N)
Recommendation
Heritage
Yes
That Common Council deny the Application by the owner of
Conservation
66 Sydney Street, also identified as PID Number 55168918, to
Areas By-law
remove said parcel of land having an area of approximately
Amendment
370 square metres from the Princess Street Heritage
Conservation Area.
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APPLICATION FOR I JIMMY H. BEZANSON
HERITAGE BY-LAW AMENDMENT 166 SYDNEY STREET
21-1113 1 (PID 55168918)
Date
2022-02-25
To:
Heritage Development Board
From:
Growth and Community
Services
Prepared by:
Benjamin Peterson
Approved by:
Jennifer Kirchner
SUBJECT
Application to remove Heritage designation under the Saint John Heritage Conservation Areas By -Law.
EXECUTIVE SUMMARY
This is an application for a site -specific amendment to remove designation under the Saint John Heritage
Conservation Areas By -Law. The subject building is a prominent late 19th century brick building on a
corner lot with significant architectural character. The applicant has suggested alternative means to
protect the Heritage Value of the building. Staff have not received details on these alternative means at
this time. The subject building has a strong history of participation in the Heritage Conservation
Program. Staff are not satisfied that any alternative to the By -Law has been presented at this time and
do not support the removal of designation.
DISCUSSION
This is an application to remove a property situated at 157-161 Princess Street and 66 Sydney Street from
the Princess Street Heritage Conservation Area by way of a site -specific amendment to the Saint John
Heritage Conservation Areas By -Law.
OVERVIEW
This application was initiated on July 26, 2021, and the submission was completed on December 31, 2021.
The site -specific removal of properties must be processed as amendments to the Saint John Heritage
Conservation Areas By -Law. No other process has been implemented, as owner -initiated site -specific
removal is incongruent with the Heritage Conservation program's aims.
Applications for the removal of designation are weighed on their own merit. Previous applications for de -
designation do not generally provide reliable precedents as the circumstances of each building in each
Heritage Conservation Area are unique. Staff's analysis for both the designation of new buildings and the
fr P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, N.-B.
Canada E2L 4L1 Canada E2L 41-1
SAINT JOHN Page 1 of 8
www.spiJi�john.ca
66 Sydney Street 21-1113 February 25, 2022
maintenance of existing designations rests on an analysis of the public benefits achieved by the regulation
of development and the provision of subsidies, with a view to retain significant architectural integrity.
The regulation of development through public processes is the most used means at the disposal of a
Heritage Conservation programme. By scrutinizing development in Heritage Conservation Areas, Heritage
processes provide strong supports for the enrichment and public enjoyment of built landscapes. The
transparency with which these processes are conducted allows for predictability and stability as
properties transition from owner to owner. Deregulated approaches to Heritage Conservation could
require sustained activism in the community to ensure the integrity of Heritage Conservation Areas to a
similar standard. These approaches would be intrinsically flawed, as they require the strict adherence of
each individual property owner in perpetuity. While the City of Saint John's current Heritage Conservation
Program is a product of such activism in the community, the enthusiasm of the 1970s and 1980s laid a
strong foundation for the current program which continues to adhere to best -practices, nationwide.
The subject property was designated in 2007 along with approximately 20 other properties at the time of
the Princess Street Heritage Conservation Area's creation. The creation of this Heritage Conservation Area
was a contemporary to the creation of the King Street East Heritage Conservation Area and the
designation of the Princess Street Heritage Conservation Area was initiated at the request of a majority of
property owners. The Princess Street Heritage Conservation Area is recognized as the first fully -residential
block of Princess Street, which spans from Water Street to Crown Street. It is an eclectic mix of late 19tn
century architectural ideas and motifs, and it boasts exceptional architectural integrity throughout.
Approximately 14 letters of support from area property owners lobbied for the Princess Street Heritage
Conservation Area's creation. Records from April of 2007 indicate that only two property owners wrote
in opposition, citing concerns over recently installed contemporary windows. Following these requests, a
consultant prepared Statements of Significance for each property. These statements were revised in 2018
and at that time staff deposited additional catalogue photographs into the Board's records. The 2018-
revised Statement of Significance for the property is included as an attachment to the report.
Where the structure of the City of Saint John's Heritage Conservation program has hinged on the integrity
of comprehensive Heritage Conservation Areas to support the majority of its designations, it is vital to
understand the circumstances under which each Heritage Conservation Area was created. While the prior
consent of property owners does not necessarily retain the same weight some 15 years after it was given,
it does point to the collective intent and aims on which the Heritage Conservation Area succeeds in
enriching and preserving built landscapes. The stewardship of historic buildings extends well beyond the
lifetime of an individual. The oversight of heritage assets by a heritage conservation program may provide
more even and equitable outcomes for the variety of owners who may wish to steward historic buildings.
Assisted by the material supports of a Heritage Conservation Program, a wide range of stewards are better
equipped to care for unique buildings with highly specific design challenges.
ARCHITECTURAL INTEGRITY
As is required by the SaintJohn Heritage Conservation Areas By -Law (HC-1) and the Heritage Conservation
Act (SNB 2009, c. H-4.05), Staff and the Board maintain records of designated buildings' Character -
Defining Elements in the form of Statements of Significance. This property's Statement of Significance was
last updated in August of 2018. Attached to this report, it identifies Character -Defining Elements based
Page 2 of 8
112
66 Sydney Street 21-1113 February 25, 2022
on their location. It identifies the following number of Character -Defining Elements on street -facing
fagades, alone:
South Fagade (Princess Street) 16
West Fagade (Sydney Street) 12
*Exclusive of CDE on non -street -facing fagades.
Common to these fagades, the following Character -Defining elements broadly illustrate the building's
exceptional architectural integrity:
i. the building's vertically -oriented massing;
ii. its mansard roof, framed by bracketed uppermost and corbelled lower cornices and with
pattern -cut polychromatic slate cladding;
iii. its projecting dormer windows with segmented -arched window openings, gabled surrounds,
corbeling, and carved keystones;
iv. its regular grid of segmented -arched window openings with carved masonry surrounds and
pronounced sills, crossheads and spring points;
V. its entryways with ornamented surrounds, carved geometric ornament, moulding, carved
keystones and foliated bosses, attached shafts with foliated capitals, heavy masonry steps
and flanking ornamented apron; and
vi. its ashlar -laid foundation cut with furrowed facing and with regular fenestrated openings.
The architectural character of the building is the preeminent feature that resulted in its designation at the
time of the Heritage Conservation Area's creation. The building is an imposing and visually interesting
example of post -fire Victorian architecture in a second -empire mode with several unique, vernacular
modifications.
While associations with significant individuals, events, or organizations is another key support for
designation, the City of Saint John's Heritage Conservation Program has generally tended to emphasize
tangible architectural integrity over intangible and subjective associations with the past. This focus was
most recently reiterated in Common Council's adoption of the Local Historic Places Designation Policy in
November of 2019. While historical associations were identified during the creation of the Princess Street
Heritage Conservation Area, as indicated in Board records, this preliminary work was never published on
the National Register of Historic Places in Canada. Where baseline information has been gathered and
offers future opportunities for engagement, Staff concludes that this does not present a significant deficit
to the subject building's contribution to the public interest.
In the case of this application for site -specific de -designation, the architectural integrity which supported
the building's designation in 2007 remains intact and has been stewarded with great care. Thus, the
removal of the subject building's designation under the pretense of loss of integrity and character would
be entirely without merit.
APPLICANT SUBMISSION
The applicant has offered six points in support of their application. They are as follows: a fear over a
perceived neglect of an adjacent building, the construction of an 11-storey office building nearby, the
scale of any potential disruption to the remainder of the area, difficulties securing the necessary permits
Page 3 of 8
113
66 Sydney Street 21-1113 February 25, 2022
to continue work on the building, and, finally, assurances that the building will be subject to alternative
protections in the future.
The scope of this application does not allow for the consideration of such extrinsic factors as the integrity
or design of adjacent buildings. A conversation that the applicant may wish to initiate regarding property
situate at 71 Sydney Street, 111 King Street East, or 10 King's Square South is inconsequential. These
properties remain within the Princess Street Heritage Conservation Area, the King Street East Heritage
Conservation Area, and the Trinity Royal Heritage Conservation Area, North, respectively. Future
interventions to any of these buildings remain subject to the same processes as other designated
buildings. Additionally, the occupancy and use of these buildings remains subject to the requirements of
other municipal by-laws. These are firmly beyond the scope of this application.
In their application, the applicant posits that the removal of the building's designation would result in little
impact on the integrity of the remainder of the Princess Street Heritage Conservation Area. While the
applicant may dismiss the impact of the proposed site -specific removal, Staff maintain that these impacts
would be hard felt on the remainder of the Princess Street Heritage Conservation Area. This has been first
been examined through an analysis of the building's architectural integrity.
Further to its own individual merits, the role that the subject building plays in supporting the Princess
Street Heritage Conservation Area cannot be discounted. The subject building frames the Heritage
Conservation Area when approached from the west. It is a prominent corner building, and, without it the
Heritage Conservation Area would suffer a tangible loss of architectural character. The value of the Area
includes its eclectic mix of late 19th century architectural ideas and construction methods. Without this
building, the Heritage Conservation Area would lose a fixture of this eclecticism as well as a building whose
considerable size frames the area.
The nature of loss takes several meanings in the context of risks presented by this application. Though the
applicant may argue that certain actions could deflect this result, the threat of as -of -right demolition is a
first and a significant concern. Simply, without the protections of the By -Law (HC-I) the property owner
would be entitled to pursue a demolition permit under the Building By -Law (CP-103). In a similar vein, the
unregulated modification of the building's exterior could also constitute a loss, where an inappropriate
intervention such as the recladding of the mansard roof, the removal of doors, or the demolition of
brickwork, could foreseeably jeopardize the architectural integrity of the historic building.
In this way, loss is precipitated by the removal of the public body's oversight of interventions into the
historic building's built fabric. As staff have established, the practice of Heritage Conservation extends
well beyond the lifetime of the individual. Any well-intentioned individual can have a considerable impact
on a historic building —though this impact can be for better or for worse.
The subject building is located on a corner which demonstrates this principle. Of the four buildings that
frame the corner, three are designated and one is not. There are considerable differences between each
building's condition and character. Several recent interventions have been undertaken on the lone non -
designated building and while none have been illegal, they do not reflect Heritage Conservation best
practice in part because they don't have the meet the standards set our in the By -Law (HC-1).
Page 4 of 8
114
66 Sydney Street 21-1113 February 25, 2022
This discussion demonstrates the value of designation under the Saint John Heritage Conservation Areas
By -Law in the long-term trajectory of a historic building's life. The pressures of development, which have
increased significantly since the time of this building's designation, point to the value of transparent and
public processes in protecting the Heritage Value of historic buildings. Most importantly, designation
provides resources and supports which assist a property's steward to maintain a historic building to an
appropriate standard. Where the loss of these supports would impact both the subject building and the
Princess Street Heritage Conservation Area, to remove the building's designation under the opposite
pretext is without merit.
In their submission, the applicant expressed concerns with the prospect of resubmitting a Heritage Permit
application should their present permit expire. Currently, two proposed additions to the building are
approved under Heritage Permit 20-165. This Heritage Permit was first issued on March 6, 2020, and was
subject to the following revisions:
DATE
CHANGE
06-03-2020
Remove additional stories on historic building. Retain additional stories and the mansard
roof on the Princess Street addition. No proposed changes for Sydney Street addition.
HDB review required.
01-21-2021
Reduce number of stories on Sydney and Princess Street additions. HDB review required.
10-19-2021
Revisions to colour and decorative foils. No additional HDB review required.
The final revisions to the Heritage Permit approval were completed in the fall and Heritage staff approved
the corresponding Building Permit application on January 14, 2022. Where the Heritage Permit was slated
to expire on March 6, 2022, Staff advised the applicant to apply for an extension and duly granted the said
extension per section 6(6) of the By -Law. However, where section 6(7) the By -Law prohibits extensions
beyond one year, the permit will inevitably expire on March 6, 2023. In conversation, the applicant has
noted that this will not be sufficient time to complete the project. They maintain concerns over
resubmitting for a new Heritage Permit, under a new process, to complete the work.
The permit application 20-165 was only reviewed under previous infill standards at the request of the
applicant. In the fall of 2019, staff met with the applicant to discuss the proposal and advise on revised
infill provisions that were adopted by Common Council in September of 2019. Staff offered the applicant
their choice of process and advised they would require submission before January of 2020, should the
applicant wish to follow the process in the previous By -Law.
In a conversation with the applicant on January 14, 2022, Staff provided another overview: this time, of
the revised infill process. Staff further explained that the review process for a proposed Heritage Permit
extension would largely be summary, where the design has already undergone multiple reviews by staff
and by the Board. As significantly more complex infill proposals have demonstrated, the revised process
is simpler to navigate without sacrificing best practices. Where staff have provided a clear path forward
for the applicant to continue their development, the removal of the building's designation on the grounds
that the designation would hinder future development is without merit.
Finally, the applicant has offered to craft their own covenant -based protections in the future. This
proposal precipitates staffs greatest concern in considering this application. Staff strongly emphasize that
an ad -hoc, deregulated approach to Heritage Conservation is far from best practice. Municipal Heritage
Page 5 of 8
115
66 Sydney Street 21-1113 February 25, 2022
By -Laws support programs in most Canadian cities, including but not limited to: Fredericton, Halifax,
Ottawa, Toronto, Vancouver, St. John's, and Charlottetown. These documents provide the same benefits
that staff have outlined earlier in this report: transparency, equity -minded design supports, public
participation, and predictability.
A deregulated and individual -based approach, in its ideal form, is commensurate with spot -designation at
best. Such an approach hinges entirely on the perpetual goodwill of a historic building's steward. These
individuals remain subject to changing tastes, whims, market pressures, and personal eccentricities. They
do not provide a stable base to support a Heritage Conservation Program. They are not obliged to develop
to any certain standard. They do not access professional expertise in the same way. They do not, most
importantly, account for the public benefits of heritage assets on any scale larger than an individual
property.
Most troublingly, this covenant -based proposal is being made without any specific reference to the
content of the covenants. To recommend de -designation on this promise would constitute a grave error.
To do so would prevent review by Heritage Conservation staff or by legal counsel. Furthermore, this
motion would signal a larger departure from the public oversight of Heritage assets in the community.
The institution or removal of a covenant is a civil matter; once a municipal designation is removed there
will be no further public involvement. Should the Board wish to remove itself from this oversight role, the
Board undermines its purpose in the long-term.
Staff have provided the applicant with assurances and a clear path forward for their project. These
conversations will remain ongoing, and they render concerns over the future of this development largely
immaterial. In this same way, a motion ought not to consider past applications or speculation on the
future of other buildings in the vicinity. The scope of the present application limits deliberations to the
merits on which the present building is designated as a part of the Princess Street Heritage Conservation
Area and the impact any removal of the designation would have on the integrity of the Heritage
Conservation Area and the Heritage Conservation Program more broadly.
Where the applicant has further dismissed the impact that the removal of this prominent, architecturally
significant, and well -maintained building from the Heritage Conservation Area, Staff conclude that the
removal of this building's designation on any grounds that the applicant has submitted would be without
merit.
PROGRAM PARTICIPATION
Staff, in addition to responding to each of the applicant's concerns, must undertake an analysis of the
building's participation in the Heritage Conservation program. While not necessarily binding precedent,
both the Heritage Development Board and Common Council have considered non -participation as an
indication of a Heritage Conservation Area's effectiveness. It bears repeating, however, that non -
participation alone is not an indicator of the appropriateness of designation. Particularly, when a building
retains in -tact Character -Defining elements, its architectural merit alone negates non -participation and
supports its retention in a Heritage Conservation Area.
While archival research remains difficult, Staff undertook a preliminary search of Board records using the
each civic address associated with the subject property. These include 66 Sydney Street, as well as 157,
159, and 161 Princess Street. Grant records from 2017-2019 are not included in this survey. Records of
Page 6 of 8
116
66 Sydney Street 21-1113 February 25, 2022
Heritage Permits prior to 2018 are not centrally stored. The following tables illustrate the date, the type,
and the scope of this property's participation in the Heritage Conservation program:
HERITAGE PERMITS*
DATE
TYPE
SCOPE
09-17-2008
Certificate of Appropriateness (H-101)
(08-38) Install a multi -level deck and fire
esca pe.
04-13-2011
Certificate of Appropriateness (H-101)
(11-28A) Masonry repair, paint, railings.
10-12-2011
Certificate of Appropriateness (H-101)
(11-2813) Repair and replacement of windows.
03-20-2013
Certificate of Appropriateness (H-101)
(13-10) Repair existing door.
03-23-2016
Certificate of Appropriateness (H-101)
(16-03) Replace non -original doors on Princess
St.
03-02-2020
Heritage Permit (H-101)
(20-0165) Multi-storey additions on two
fagades.
*Building permits not included in this figure.
HERITAGE GRANTS
DATE
TYPE
APPROVED
PAYOUT
04-16-2008
Conservation Plan Grant
(08-36) $1,500
04-16-2008
Conservation Plan Grant
(08-38A) $1,500
09-17-2008
Conservation Grant
(08-3813) $5,000
12-09-2009
Conservation Plan Grant
(09-118) $1,000
12-09-2009
Conservation Grant
(09-118) $5,000
$5,000.00
08-18-2010
Rehabilitation Grant
(10-49) $10,000
$6,481.20
04-13-2011
Conservation Plan Grant
(11-28A) $1,500
$1,695.00
12-01-2011
Conservation Grant
(11-2813) $10,000
$1,232.26
09-19-2012
Conservation Grant
(12-16) $7,500
$4,381.24
03-20-2013
Conservation Grant
(13-10) $5,000
$375.00
05-20-2016
Conservation Grant
(16-04) $7,500
$3,551
TOTAL
$55,500.00
$23,178.44
*Data availability subject to records retention policies.
Staff have previously established that past receipt of grant monies, alone, does not necessarily warrant
the maintenance of a property's designation. Instead, an examination of a property owner's participation
in the program illustrates the incremental interventions which have secured and enhanced the subject
building's Heritage Value. This data shows that the subject property has participated in the Heritage
Conservation program consistently since the time of its designation. Thus, one can conclude that this
building has benefitted from the supports offered by the Heritage Conservation Program.
The removal of designation could reflect the partial or total loss of public monies detailed in the above
table. While purely speculative, the risks that future interventions to the building could damage the
architectural character of this building, or that a future owner could pursue demolition do provide strong
incentives to retain the subject building's designation.
The subject building has participated in the Heritage Conservation program since the time of its
designation. The subject building has received significant material support from the Heritage Conservation
Page 7 of 8
117
66 Sydney Street 21-1113 February 25, 2022
Program during this time. This leads staff to conclude that to remove designation on the grounds of non -
participation is without merit.
SUMMARY
Staff have provided a glimpse of the principals and aims under which the designation of the Princess Street
Heritage Conservation Area was made. Staff have further established that the significant architectural
integrity of the subject building remains intact, and that the loss of this integrity cannot be protected in
the same way outside of the jurisdiction of the By -Law. While the applicant may contend that private legal
agreements provide the same protection, they have not demonstrated so to date and even in the event
that such agreements could be made, they could not account for the loss of public oversight.
The processes outlined in the Heritage Conversation Areas By -Law provide transparent expectations and
predictable, public processes that support the City's Heritage Conservation Program and the legacy of
built heritage in this community. The impact that the loss of these junctures between the public interest
and a property owner's intent cannot be understated. Heritage assets are collective assets. In this
example, public money has supported the stewardship of this property since the time of its designation.
Best -practice supports the maintenance of this designation.
While many types of heritage designation exist at the local, provincial, and federal level, only the
provisions in the Saint John Heritage Conservation Areas By -Law provide public assurances against
demolition and enforce development standards to which a property must comply. Simple disagreement
with the trajectory of a program —indeed, a program with significant public oversight —is not an argument
against the public benefits of retaining a municipal designation on the subject building.
For these reasons, as with those elucidated above, staff do not support the removal of this designation.
RECOMMENDATION
Recommend that Common Council deny a motion to remove property situate at 66 Sydney Street and
157-161 Princess Street (PID 55168918) from HC-1, the Saint John Heritage Conservation Areas By -Law.
ATTACHMENTS
A: Statement of Significance (August 2018)
B: Register Photographs
C: Current Photographs (February 2, 2022)
D: Applicant Submission
Page 8 of 8
118
STATEMENT OF SIGNIFICANCE (BUILT FABRIC)
Heritage Value:
157-163 Princess Street, also known as 66 Sydney Street, is recognized as a Local Historic Place for its
architectural value.
Character -Defining Elements:
The elements which define the character of 157-163 Princess Street include:
SOUTH FACE
-Its tall, broad rectangular massing.
-Its steep -pitched projecting mansard roof with surmounting moulded, bracketed roof -level cornice.
-The mansard roof's sheer slate cladding with band of hexagonally -cut slate tiles.
-The mansard roof's projecting dormer windows with elaborate segmented -arched window openings,
with corbeling and carved keystones.
-The segmented -arched one -over -one wood windows.
-Its blind dormer, surmounting a corbeled chimneypiece.
-Its secondary cornice with simulated segmented -arched arcade with corbeling and geometric inserts.
-Its projecting chimneypiece, corbeled out from the way and articulated vertically along the height of
the fagade.
-Its masonry bands along lower and upper floors of the fagade.
-Its regular grid of segmented -arched window openings with carved masonry surrounds and pronounced
sills, crossheads and spring points.
-Its easternmost ground -level entry, with broad segmented -arched opening with carved keystone,
moulding, spring points, and pronounced voussoirs surmounting separate entryways with chamfered
surrounds and flanking columns with elaborate capitals.
-The simple paneled doors and surmounting transom lights, chamfered and rounded in their uppermost
corners.
-Its raised setback central entryway and ornamented surround with carved geometric ornament,
moulding, carved keystones and foliated bosses, attached shafts with foliated capitals, heavy masonry
steps and flanking ornamented apron.
-The central entry's multiple wooden doors with moulding, millwork, paneling and glazing and upper,
segmented -arched transom lights.
CITY OF SAINTJOHN AUGUST 2018
119
STATEMENT OF SIGNIFICANCE (BUILT FABRIC)
-Its pronounced sill band.
-Its ashlar -laid foundation cut in furrowed facing with regular, fenestrated openings.
WEST FACE
-Its tall, narrow brick massing.
-Its steep -pitched projecting mansard roof with surmounting moulded, bracketed roof -level cornice.
-The mansard roof's sheer slate cladding with band of hexagonally -cut slate tiles.
-The mansard roof's projecting dormer windows with elaborate segmented -arched window openings,
with corbeling, carved keystones and reconstituted, contemporary finials.
-The segmented -arched one -over -one wood windows.
-Its secondary cornice with simulated segmented -arched arcade with corbeling and geometric inserts.
-Its masonry bands along lower and upper floors of the fagade.
-Its regular grid of segmented -arched window openings with carved masonry surrounds and pronounced
sills, crossheads and spring points.
-Its raised setback off -centered entryway and ornamented surround with carved geometric ornament,
moulding, carved keystones and foliated bosses, attached shafts with foliated capitals, heavy masonry
steps and flanking ornamented apron.
-Its double wooden doors with moulding, paneling, millwork, and six -tenths glazing and its large, single
semi -arched transom light.
-Its pronounced sill band.
-Its ashlar -laid foundation cut in furrowed facing with regular, fenestrated openings.
CITY OF SAINT JOHN AUGUST 2018
120
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July 21, 2021
Mayor Reardon and Members of Common Council
15 Market Square
Saint John, NB
E2L 4L1
Request to Remove Heritage Designation
66 Sydney Street/161 Princess Street
Please remove my buildings at 66 Sydney Street and 161 Princess Street, (including
157 Princess Street; 159 Princess Street; 161 Princess Street and 169 Princess Street
from the Princess Street Heritage Conservation Area.
These buildings sit at the corner of Princess and Sydney Streets. They are surrounded
to the north and east, by the recent addition to Saint Mac's School. The former Mayor
White residence, across Sydney Street, will likely soon be demolished in similar fashion
as the currently controversial building on the corner of Carmarthen and King Street
East. The human scale and historic context of my buildings have already been
irreparably compromised by the 11-story development across Sydney Street. In
approving it, Council clearly demonstrated their willingness to disregard the surety of the
incremental investments of many contributing citizens, in favour of feathering the cap of
the well-heeled few. Good governance requires respect for those who agree to be
governed. Council has failed its people.
can see little disruption to the integrity of the area, or difficulty in staff administration of
the Princess Street Area, by the removal of my buildings.
I owned 191 Princess Street and developed it over a fifteen -year period. If I was starting
191 Princess Street now, I would probably give up on it. That's about where I'm at with
my current project down the street at 161 Princess Street. I began discussions and
submitting drawings two years ago for a 27-unit $8 million project. It got reduced to
17. If staff ever stop requesting additional information maybe half will get
built. Ironically by the time I get my Building Permit, my various Heritage Permits will
have expired and I will have to begin all over. A more honest name for the One -Stop
Development Shop, would be to simply remove the word One.
As with my other properties, please rest assured that I will continue to treasure these
buildings which I have been the proud steward of for almost 25 years. I fully intend to
retain and sensitively conserve all of the character defining elements, to a much higher
standard than required under your By -Law, as I did before they were designated.
In addition, to ensure their authenticity is protected, I have initiated discussions with the
National Trust for Canada. My intention is to have protective covenants placed on my
E 1111kj
buildings. I was previously Chair of the Board of Governors of this organization. I have
considerably more confidence in the National Trust to ensure that these buildings
contribute to the heritage of Saint John, than any protection afforded by the Heritage
Bylaw.
Sincerely,
Jim H Bezanson
BY-LAW NUMBER HC-1- A LAW TO AMEND
THE SAINTJOHN HERITAGE CONSERVATION AREAS
BY-LAW
ARRETE No HC-1-
ARRETE MODIFIANT UARRETE SUR LES SECTEURS DE
CONSERVATION DU PATRIMOINE DE SAINT JOHN
Be it enacted by The City of Saint John in Common Lors d'une reunion du conseil communal, The City of
Council convened, as follows: Saint John a decrete ce qui suit :
The Saint John Heritage Conservation Areas By-law,
enacted on the twenty-third day of September, A.D.
2019, is amended by:
1 Amending paragraph 2(1)(h) by adding
immediately following "80 Sydney Street" and
immediately preceding "as illustrated on Schedule 'H'
which forms part of this By -Law, is hereby established
as the Princess Street Heritage Conservation Area.":
"and excluding the property at civic address 66
S y d neyStreet"
2 Amending Schedule "H", Princess Street
Heritage Conservation Area, by removing from the
heritage conservation area a parcel of land having an
area of approximately 370 square metres, including
buildings and structures thereon, located at 66 Sydney
Street, also identified as being PID No. 55168918 and
by adding to the written description immediately
following "80 Sydney Street":
"and excluding the property at civic address 66
Sydney Street"
IN WITNESS WHEREOF The City of Saint John has
caused the Corporate Common Seal of the said City to
be affixed to this by-law the * day of *, A.D. 2021 and
signed by:
L'arrete sur les secteurs de conservation du
patrimoine de Saint John, decrete le vingt-trois (23)
septembre 2019, est modifie par:
1 Le paragraphe 2(1)h) est modifie par
adjonction, immediatement apres « 80, rue Sydney,
et immediatement avant « telle qu'elle figure a
I'annexe H qui fait partie integrante du present arrete,
est designee secteur de conservation du patrimoine
de la rue Princess. » :
mais a 1'exclusion du bien sis a I'adresse de voirie
66, rue Sydney, ».
2 L'annexe H, Secteur de conservation du
patrimoine de la rue Princess, est modifie par le
retrait, du secteur de conservation du patrimoine,
dune parcelle dune superficie approximative de
370 metres carres, y compris les batiments et
constructions s'y trouvant, parcelle qui est sise au
6 6 , rue Sydney et aussi designee par le
NID 55168918, et par I'adjonction, clans la description
ecrite, immediatement apres « 80, rue Sydney, », de
ce qui suit :
mais a 1'exclusion du bien sis a I'adresse de voirie
66, rue Sydney, ».
EN FOI DE QUOI, The City of Saint John a fait apposer
son sceau communal sur le present arrete le 2021,
avec les signatures suivantes :
Mayor/Maire
City Clerk/Greffier municipal
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
`P491
Saint John Heritage Conservation Areas By-law
Page: 27
Schedule "H" Princess Street Heritage Conservation Area
Includes the properties, structures and lands located on both sides of Princess Street bounded on the west
by Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by the rear property line
of all properties facing Princess Street and by all corner which are facing onto Sydney Street or Carmarthen
Street, with a side fagade facing onto Princess Street and shall include the property at the north-west corner
of the intersection of Sydney Street and Princess Street as well as the property at civic address 80 Sydney
Street, excluding the property at civic address 66 Sydney Street.
`IOU
Arrete relatif aux secteurs sauvegardes de The City of Saint John Page: 29
�ue•�e�nster�s�.
m ro
n
1
¢ 3
L
QKI�tCe55 Sty''
rue
Mange St.
Annexe c H » - Secteur de conservation du patrimoine de la rue Princess
Comprend les bien-fonds, les constructions et les terrains donnant sur les deux cotes de la rue Princess,
delimites a Pouest par la rue Sydney, a 1'est, par la rue Carmarthen, au nord, par la limite arriere des
tous les terrains donnant sur la rue Princess, au sud, par la limite arriere des tous les terrains donnant sur la
rue Princess et par tous les batiments dangle des rues Sydney et Carmarthen dont la fagade laterale donne
sur la rue Princess ainsi que le terrain situe a Tangle nord-ouest de Pintersection des rues Sydney et
Princess et le terrain sis au 80, rue Sydney mais a Pexclusion du bien sis a Padresse de voirie 66, rue
Sydney.
127
From: Kurt Peacock <kurtpeacockgmail.com>
Sent: May 2, 2022 4:05 PM
To: Common Clerk <commonclerksainttiohn.ca>
Subject: proposed amendment to SJ Heritage Conservation bylaw
[ External Email Alert] "Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsam le saintlohn.ca or contact IT Service Desk at 649-6047.**
Hello
this short note is to express my opposition to the proposed amendment to the city's heritage bylaw,
with the purpose of removing the property at 66 Sydney St from the bylaw's provisions.
Some background here - since 2005, I have owned a property at 56 Canterbury St, in the heart of the
city's heritage district. In the years since I first purchased the property, I have sought to work within the
regulations set by the city's heritage bylaw and its heritage board, and I should state that I find that
process easier now than it was when I first purchased the property. During that same period of time, my
property's assessed value has almost tripled in price, making the economics of heritage preservation
more manageable.
The existing heritage protections work in part because the same heritage principles are applied to
everyone with a nearly uniform approach - if a property owner is allowed to opt out simply because they
are in disagreement with someone at city hall's development office, that would undermine the whole
body of civic heritage protection that gives Saint John one of the most interesting streetscapes this side
of Quebec City.
Since the city moved to the One Stop Shop model to help process development issues and enquiries, I
believe that the ability to fairly and swiftly administer items related to heritage -related buildings has
greatly improved. And the city's heritage grants provide a lot more 'carrots' than 'sticks' in helping to
ensure that heritage protection is maintained across city blocks. This doesn't mean owning a heritage
building is bliss - the ability to get insurance, and the province's rent cap that ignores the higher cost of
maintaining heritage buildings well, are both significant issues of concern for many owners of built
heritage.
That being said, the existing heritage bylaw is more nimble and responsive to the needs of property
owners than it was just a decade ago, and it shouldn't be fiddled with to remove the protection provided
to an existing brick building. Allowing for flexibility to encourage infill development in empty spaces
makes a lot of sense; removing existing heritage protections on already standing buildings most certainly
does not. I encourage council to defeat the proposed amendment.
cheers
Kurt Peacock
co-owner, 56 Canterbury St
`f01:3
-----Original Message -----
From: AndreWachase-@hotmaii.com <andrewachase@hotmail.com>
Sent: May 2, 2022 11:57 AM
To: Common Clerk <commonclerkCc@saintjohn.ca>
Subject: 66 Sydney Street
[ External Email Alert] **Please note that this message is from an external sender. If it appears to be
sent from a Saint John employee, please forward the email to spamsample@saintiohn.ca or contact IT
Service Desk at 649-6047.**
Council members,
I am strongly opposed to the removal of 66 Sydney Street from heritage designation. This action would
be a threat to our heritage properties uptown because it weakens conservation by setting a precedent
that you can opt out of the by-law. This action could potentially open the flood gates to property owners
requesting to be removed from designation, which will impact decades of work we put into our heritage
conservation. These types of requests along Princess St should offer pause to the city to remind us how
vulnerable the character of the city is and a strong message should be sent that this will not be
permitted - full stop.
Andrew Chase
Orange Street
MO]
From: Jeff Roach <eff roach@ sociallogical.com>
Sent: May 3, 2022 10:53 AM
To: Common Clerk <commonclerk(a-1saintiohn.ca>
Subject: Letter in OPPOSITION to amendment to remove 66 Sydney Street from conservation area
I am writing to communicate my OPPOSITION to the proposed amendment to remove 66 Sydney Street
from the heritage conservation area, a building that is clearly of a Heritage genre that deserves
protection under the law.
With the accompaniment of my neighbour at the time, Mel Norton, we spoke with and obtained the
support of our neighbours on that block of Princess street in 2007 to have it designated under the
heritage bylaw. Have those buildings ceased to meet the heritage definition? Does the bylaw not serve
the same protective purpose as before?
If our Heritage bylaw continues to exist to protect our heritage building stock, then this building should
definitely continue to be protected. if the bylaw no longer serves this purpose, why does it exist at all?
Sincerely,
Jeff Roach
24 Alexandra Street, Saint John, NB E2K 1131
`[till
From: Adam Pottle <adam@pottle.ca>
Sent: May 10, 2022 3:00 PM
To: Common Clerk <commonclerksaintohn.ca>
Subject: Re: Proposed Amendment to Saint John Heritage Conservation Areas Bylaw
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample saintiohn.ca or contact IT Service Desk at 649-6047.**
Hello Jennifer,
I am writing to express my opposition to removing 66 Sydney St from the Princess Street Heritage
Conservation Area. The Heritage Area exists to protect our built heritage in the long term, and
regardless of the proven heritage stewardship of the current owner, this property should outlive us all in
good health. Covenants and ad -hoc administration, which may be unenforceable without great expense,
will not work as effectively as one bylaw does.
Additionally this property received over $23,000 in Conservation Grant and similar funding across seven
separate grants between 2009 and 2016, and has had six heritage permits approved between 2008 and
2020. This funding is not so much to offset costs for the same of the owner, but for the sake of the
building.
I wish the applicant the best as he begins his planned additions to the north and east, and look forward
to seeing his design come to fruition.
Thank you,
Adam
Adam Pottle
CEO
Tidal Heritage Development
506.721.6447
131
May 8 2022
Mayor and Members of Common Council City of Saint John
P.O. Box 1971, Saint John NB, E2L 41.1
Email: Commoncierk saint ohn.ca
Proposed Amendment to Saint John Heritage Conservation Area By -Law
Re: 66 Sydney Street
Given who the current own is, and what he did in a past lifetime, perhaps a different solution could be
arrived at.
Such as the following;
A modification to the Heritage Permit Timer to be automatically renewed with the issuing of the building
permit, such that since the Heritage Officer has to sign off on the building permit issuing, to confirm that
that the approved drawings match the Heritage Approved solution or a reasonable proximity of it. While
streamlining the process of development and construction by removing a stumbling block to progress,
creating less formal paperwork and human time resources to resolve the enforcement of the bylaw with
the intention. (Removal of red tape but keeping the safety check as it exists currently and this is an extra
redundancy prior to consultation of one stop shop)
Given that this removes the property from the heritage area and provides the opportunity to a building
matching the existing on the block frontage, so as high as the new Irving Office Building, it might be an
economic solution to demolish the building at 66 Sydney and salvage all the materials within to recycle
them into other products such asTradegood as they have a history and a higher price can be charged
because of that reason, as it provides a `True" story that the merchants can use to get that higher price.
Additional things which the city may do to think about for creating affordable housing through lower
construction costs and better information management.
#1 Create an email based organizational solution of the building maintenance and management of
information. (Civic address @cityofsaintjohn.ca) part of the services for the building permit fee, and
property taxes.
#2 create an incentive program to encourage tradespeople to record their work and upload the
information to that email address to allow for future people to find value within that content.
#3 create a common database of labour for each type of labour, allowing online basic common sense
testing to qualify the labour, within the field that they are saying that they are. Please note in a good
market place a lot of the labour are cross trained as they don't limit themselves, their skill grading on
each of the labours may be different so a general report card is recommended as a system to assist.
Note that option #1, and Option #2 allow for the gathering of that information for their long-term
resume, and potentially for their records of "how did I do that?, oh that's how, that's much fasterl"
Make it easy for developers not to screw up, make it easy for operator and for tenants too, work
together and we can recycle our own waste into gold. The ultimate test of the regulators system of rules
and guidelines. Recycling programs for anything so that anything can have value retained if the correct
market place is known so that the connection can be put together economically.
AndrewJohnson dj/
132
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2022-176
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
General Counsel
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Procedural By -Law Amendment — Electronic Meetings
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Emily Gaunce
Melanie Tompkins
I John Collin
RECOMMENDATION
That Council give 1st and 2nd reading to the attached Procedural By -Law
Amendment.
EXECUTIVE SUMMARY
The purpose of this report is to present for 1st and 2nd reading an amendment to
the Procedural By -Law which aligns the By -Law with the provisions of the Local
Governance Act with respect to virtual participation at Council or Committee
meetings.
PREVIOUS RESOLUTION
N/A
REPORT
When Council enacted its Procedural By -Law in 2010, before the pandemic and
the era of virtual meetings, it chose to limit virtual attendance to Special or
Emergency meetings of Council and closed Committee of the Whole meetings at
s. 7.5 of the By -Law. This provision was carried forward in the current version of
the Procedural By -Law.
The Local Governance Act provides broader authority than the Procedural By -Law
currently does, by permitting the use of electronic means of communication (e.g.
Teams) to participate in any Council meeting or committee of Council meeting in
certain specific circumstances listed in the Act.
The proposed amendment aligns the Procedural By -Law with the Local
Governance Act by allowing Council members to participate electronically in all
meetings of Council, and Committee meetings, if the requirements of the Local
`Edc3
-2-
Governance Act are met. The proposed amendment also corrects typos at
sections 21.11 and 22.29.
STRATEGIC ALIGNMENT
This report aligns with Council's Perform priority, by enabling virtual participation
by Members of Council in all Council or Committee meetings when the conditions
of the Local Governance Act are met.
SERVICEAND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
GCO drafted the proposed amendment, in consultation with the City Clerk and the
City Manager.
ATTACHMENTS
Proposed Amendment to the Procedural By -Law.
`Kz"I
BY-LAW NUMBER LG-15 ARRETE NUMERO LG-15
A BY-LAW RESPECTING THE ARRETE CONCERNANT LE REGLEMENT
PROCEDURES OF COMMON COUNCIL OF INTERIEUR DU CONSEIL COMMUNAL DE
THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN
Be it enacted by the Common Council of Le conseil communal de The City of Saint
The City of Saint John: John 6dicte:
The By-law Respecting the Procedures of
Common Council of The City of Saint John,
enacted on the 3rd day of May 2021, is hereby
amended as follows:
L'Arr&6 Concernant le Wglement
Int6rieur du Conseil Communal de The City of
Saint John, d6cr&6 le 3 mai 2021, est modifi6
comme suit:
1. Section 7.5 is amended by repealing subsection 1. L'article 7.5 est modifi6 par 1'abrogation du
1 and substituting the following: paragraphe 1 et son remplacement par cc qui suit:
"1. Requirements:
Provided the conditions set out in section 69 of the
Local Governance Act are met, a Member may
participate in any Council Meeting, Committee of
the Whole meeting or other Council Committee
meeting by means of a telephone conference call
or video conference."
1. Exigences :
Lorsque les conditions 6tablies a Particle 69 de la
Loi sur la gouvernance locale sont remplies, un
membre peut participer a toute seance du conseil,
a toute seance du comit6 pl6nier ou a toute seance
d'un comit6 du conseil par conference
t616phonique ou par vid6oconf6rence. »
2. Section 21.11 is repealed and replaced with the 2. L'article 21.11 est abrog6 et remplac6 par cc qui
following: suit :
"21.11 Committee meetings - open to public
All meetings of a Committee of Council shall be
open to the public. Sections 7.3 and 7.4 inclusive
shall apply if it is necessary to close a Committee
meeting or portion of a Committee meeting to the
public.
21.11 Reunions des comites : ouvertes an
public
Toutes les r6unions d'un comit6 du conseil sont
ouvertes au public. Les articles 7.3 et 7.4
inclusivement s'appliquent s'il s'av6re n6cessaire
de fermer au public une r6union ou une partie
d'une r6union d'un comit6. »
3. Section 22.29 is repealed and replaced with the 3. L'article 22.29 est abrog6 et remplac6 par cc qui
following: suit :
"22.29 Open Meetings - exception
The provision of sections 7.2 through 7.4
inclusive, regarding closing Meetings to the
public, apply to regular and special Meetings of
Committee of the Whole and except as permitted
or provided in the Local Governance Act,
Committee of the Whole Meetings shall be open
to the public."
22.29 Seances publiques : exceptions
Les dispositions pr6vues aux articles 7.2 a 7.4,
inclusivement, concernant la tenue de s6ances
priv6es s'appliquent aux s6ances ordinaires et
extraordinaires du comit6 pl6nier. De plus, les
s6ances du comit6 pl6nier sont publiques, sous
r6serve de la Loi sur la gouvernance locale. »
`K191
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the said
City to be affixed to this by-law the th day of
2022 and signed by:
EN FOI DE QUOI The City of Saint John a fait
apposer son sceau communal sur le present arrete
le 2022, avec les signatures
suivantes:
Mayor / Maire
Common Clerk / Greffiere communal
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By-law Respecting the
Code of Conduct for
Elected Members of the
Common Council of The
City of Saint John
By-law Number LG - 5
An uncertified copy of this by-law
is available online
Arrete relatif au code de
deontologie pour les
membres du conseil
communal elus de The
City of Saint John
Arrete numero LG - 5
Une copie non certifiee de 1'arrete
est disponible en Iigne
`RYA
-2-
TABLE OF CONTENTS TABLE DES MATIERES
Section
Description
Page
Article
Designation
Page
Recitals
#
Preambule
#
1
Title
#
1
Titre
#
2
Interpretation
#
2
Interpretation
#
3
Application
#
3
Application
#
4
Values of Members of
#
4
Valeurs des membres du
#
Council
conseil
5
Behaviour of Members of
#
5
Comportement des membres
#
Council
du conseil
6
Conflicts of Interest
#
6
Conflits d'interets
#
7
Roles and Responsibilities
#
7
Les roles et responsabilites
#
8
Gifts and Benefits
#
8
Cadeaux et avantages
#
9
Use of Local Government
#
9
Utilisation par les membres
#
Property, Resources, and
du conseil des biens,
Services by Members of
ressources, et services du
Council
gouvernement local
10
Use of Communication
#
10
Utilisation des outils de
#
Tools, Social Media and
communication, des medias
Freedom of Speech
sociaux, et la liberte de
parole
11
Conduct at Meetings
#
11
Comportement lors des
#
reunions
12
Handling of Confidential
#
12
Traitement d'informations
#
Information
confidentielles
13
Complaints
#
13
Plaintes
#
14
Remedial Action if
#
14
Mesures correctives en cas
#
Contravention Occurs
d'infraction
15
Suspension of Action
#
15
Suspension d'action pendant
#
during Election Period
la periode electorale
191-11
-3-
16 Repeal
Schedule Complaint Form
A
16 Abrogation
Annexe Formulaire de Plainte
A
-4-
RECITALS
WHEREAS the Local Governance Act, S.N.B.
2017, c. 18, authorizes and requires local
governments to establish a Code of Conduct By-
law for Members of Council ;
AND WHEREAS as stipulated in New Brunswick
Regulation 2018-64, the Code of Conduct By-law
must include the following mandatory provisions:
(a) The values to which Members of Council
are expected to adhere;
(b) The behaviour by the Members of
Council toward other Members of
Council, officers, employees and
residents of the local government,
including provisions respecting bullying,
discrimination and harassment by
Members of Council;
(c) The use of local government property,
resources, and services by Members of
Council; and
(d) The use of communication tools and
social media by Members of Council.
AND WHEREAS a Code of Conduct ensures
that Members of Council share a common basis
and understanding for appropriate conduct
extending beyond the legislative provisions
governing the conduct of Members of Council, as
set out in the Local Governance Act;
PREAM BU LE
ATTENDU QUE la Loi sur la gouvernance locale,
L.N.-B. 2017, ch. 18, autorise et exige que les
gouvernements locaux prennent un Arrete relatif
au code de deontologie pour les membres du
conseil;
ET ATTENDU QUE comme stipule le Reglement
du Nouveau -Brunswick 2018-64, I'Arrete relatif au
code de deontologie doit inclure les dispositions
imperatives suivantes :
a) Les valeurs auxquelles sont tenus
d'adherer les membres du conseil;
b) Le comportement des membres du
conseil a 1'endroit aussi bien des autres
membres du conseil que des
fonctionnaires, des employes et des
residents du gouvernement local,
notamment en ce qui a trait a l'intimidation,
a la discrimination et au harcelement;
c) L'utilisation que peuvent faire les
membres du conseil des biens, des
ressources et des services du
gouvernement local; et
d) L'utilisation que peuvent faire les membres
du conseil des moyens de
communication et des medias sociaux.
ET ATTENDU QU'un code de deontologie assure
que les membres du conseil partagent une base et
une comprehension communes de ce qui est
considers une conduite appropriee qui va au-dela
des dispositions legislatives qui gouvernent la
conduite des membres du conseil, conformement
a la Loi sur la gouvernance locale;
AND WHEREAS, as Members of Council, we ET ATTENDU QUE, en tant que membre du
recognize that our actions have an impact on the conseil, nous reconnaissons que nos actions ont
-5-
lives of all residents and property owners in the
community;
AND WHEREAS the establishment of a Code of
Conduct By-law is consistent with the principles
of transparent and accountable government;
NOW THEREFORE the Common Council of The
City of Saint John (hereinafter "Council") adopts
certain rules in the form of a Code of Conduct By-
/awthat further underscores the requirement that
elected officials be independent, impartial, and
duly responsible in serving their constituents.
Title
1 This By-law may be cited as the Code of
Conduct By-law (hereinafter the "By-law ).
Interpretation
2 Rules for interpretation of the language used in
this By-law are contained in the lettered
paragraphs as follows:
un impact sur la vie de tous les residents et
proprietaires dans la communaute;
ET ATTENDU QUE I'instauration d'un Arrete relatif
au code de deontologie est en harmonie avec les
principes d'un gouvernement transparent et
responsable;
A CES CAUSES le conseil communal de The City
of Saint John (ci-apres le « Conseil ») adopte
certaines regles sous la forme d'un Arrete relatif au
code de deontologie qui confirme le besoin que les
representants elus soient independants,
impartiaux et pleinement responsables alors qu'ils
servent leurs electeurs.
Titre
1 Le present arrete peut titre cite sous le titre
Arrete relatif au code de deontologie (ci-apres
I'arrete »).
Interpretation
2 Les regles d'interpretation suivantes s'appliquent
au present Arrete :
(a) The captions, article and section names a) Les titres, intertitres et numeros des
and numbers appearing in this By-law are dispositions ne servent qu'a faciliter la
for convenience of reference only and consultation de I'Arrete et ne doivent pas
have no effect on its interpretation; servir a son interpretation;
(b) This By-law is to be read with all changes
of gender or number required by the
context;
(c) Each reference to legislation in this By-
law is printed in Italic font. The reference
is intended to include all applicable
amendments to the legislation, including
successor legislation. Where this By-law
references other by-laws of the City, the
term is intended to include all applicable
amendments to those by-laws, including
successor by-laws;
b) Le genre ou le nombre grammaticaux
doivent titre adaptes au contexte;
c) Les renvois legislatifs paraissent en
italique. Le renvoi a une loi vise egalement
les modifications qui s'y appliquent, y
compris toute legislation de remplacement.
Les renvois a d'autres arret(§s de la
municipalite visent egalement les
modifications qui s'y appliquent, y compris
tout arrete de remplacement;
(d) The requirements of this By-law are in d) Les obligations qu'il cree s'ajoutent a celles
addition to any requirements contained in decoulant d'autres arretes applicables de
any other applicable by-laws of the City la municipalite ou des lois ou reglements
federaux ou provinciaux applicables;
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or applicable provincial or federal
statutes or regulations;
(e) If any section, subsection, part or parts or
provision of this By-law, is for any reason
declared by a court or tribunal of
competent jurisdiction to be invalid, the
ruling shall not affect the validity of the
By-law as a whole, nor any other part of
it;
(f) The Schedules attached to this By-law
are included in and shall be considered
part of this By-law.
Application
e) Si une disposition quelconque est d6clar6e
invalide par un tribunal competent pour
quelque motif que ce soit, la decision
n'entache en rien la validit6 de I'arret6 dans
son ensemble ni de toute autre disposition;
et
f) Les annexes jointes au present arret6 sont
incluses et doivent titre consid(§r(§es
comme faisant partie du present arrete.
Application
3 This Code of Conduct By-law applies to all 3 Le present Arrete relatif au code de deontologie
Members of Council, including the Mayor and s'applique a tous les membres du conseil , incluant
Deputy Mayor. le maire et le maire suppl(§ant.
Values of Members of Council
4(1) Members of Council recognize that the
people of Saint John expect the highest
standards of ethical conduct from their elected
officials and that public interest is best served
when Members of Council perform their
functions of office and manage their private
interests in accordance with the values and
requirements of this By-law.
4(2) The values of Members of Council include:
Valeurs des membres du conseil
4(1) Les membres du conseil reconnaissent que
les habitants de Saint John s'attendent a ce que
leurs repr(§sentants (§Ius respectent les normes de
conduite 6thique les plus (§levees et que I'int(§ret
public est mieux servi lorsque les membres du
conseil s'acquittent de leurs fonctions et g(§rent
leurs int(§rets priv6s conform(§ment aux valeurs et
aux obligations du pr(§sent arrete.
4(2) Les valeurs des membres du conseil incluent:
(a) Honesty a) Honnetet(§
Members of Council shall be truthful and Les membres du conseil sont sincbres et
open in their roles as Members of Council transparents dans leur r6le comme
and as residents of the City they serve; membres du conseil et comme r(§sidents
de la municipalit6 qu'ils servent;
(b) Respect
Members of Council shall treat every
person, including other Members of
Council, City employees (hereinafter
"staff'), volunteers or individuals
providing services on a contract for
b) Respect
Les membres du conseil traitent toute
personne, incluant les autres membres du
conseil, les employ6s de la municipalit6 (ci-
aprbs « personnel »), les b6n6voles ou les
personnes fournissant des services dans le
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service, and the public with dignity,
understanding, and respect and show
regard for the rights, diversity, health, and
safety of all;
(c) Transparency and Accountability
Members of Council shall endeavor to
conduct and convey Council business
and all their duties in an open and
transparent manner, other than those
discussions that are authorized by law to
be dealt with in a confidential manner in
closed session, so that stakeholders can
view the process and rationale used to
reach decisions and the reasons for
taking certain actions;
cadre d'un contrat de service, et le public
avec dignite, comprehension et respect, et
respectent les droits, la diversite, la sante,
et la securite de tous;
c) Transparence et imputabilite
Les membres du conseil doivent s'efforcer
de mener les affaires du conseil et toutes
leurs fonctions d'une maniere ouverte et
transparente, sauf ces discussions qui
peuvent titre tenues de maniere
confidentielle a huis clos selon la loi, afin
que les parties prenantes puissent
comprendre le processus suivi et les motifs
utilises pour prendre une decision et les
raisons pour agir d'une certaine fagon;
(d) Confidentiality d)
Members of Council shall not disclose or
release any confidential information
acquired by virtue of their office, except
when required or authorized by law to do
so;
(e) Integrity e)
Members of Council shall not take
advantage of or obtain private benefit
from information that is obtained in the
course of, or as a result of, their official
duties or position that is not in the public
domain;
(f) Leadership and the Public Interest
Members of Council shall serve their
constituents in a conscientious and
diligent manner and act in the best
interests of the City. Members of Council
are expected to perform their duties in a
manner that will bear close public
scrutiny and shall not provide the
potential or opportunity for personal
benefit, wrongdoing, or unethical
conduct; and
(g) Responsibility
Members of Council shall act responsibly
and in accordance with the Acts of the
Parliament of Canada and the
Legislature of New Brunswick, including
the Local Governance Act. This duty
includes disclosing actual or potential
Confidentiality
Les membres du conseil ne divulguent pas
ni ne diffusent toute information
confidentielle acquise dans le cadre de
leurs fonctions sauf lorsque requis par la
loi;
Integrity
Les membres du conseil ne devraient pas
tirer parti ou tirer personnellement profit de
('information qui nest pas du domaine
public qui est obtenue dans le cours ou du
fait de leurs taches officielles ou de leur
poste.;
f) Leadership et interet public
Les membres du conseil servent leurs
electeurs d'une maniere consciencieuse et
avec diligence et agissent dans ('interet
superieur de la municipalite. On s'attend a
ce que les membres du conseil s'acquittent
de leurs taches d'une maniere' qui puisse
soutenir un examen rigoureux du public et
ne donnent pas lieu a des avantages
personnels reels ou pergus, des actes
reprehensibles ou un comportement
contraire a 1'ethique; et
g) Responsability
Les membres du conseil agissent d'une
maniere responsable et conformement aux
lois du Parlement du Canada et de la
Legislature du Nouveau -Brunswick dont la
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conflicts of interest, either financial or
otherwise, relating to their responsibilities
as Members of Council. Each Member of
Council is individually responsible for
preventing and reporting potential and
actual conflicts of interest.
Behaviour of Members of Council
Loi sur la gouvernance locale. Cette
obligation inclut la divulgation de conflits
d'interets actuels ou potentiels, qu'ils soient
financiers ou autrement lies a leurs
responsabilites comme membres du
conseil. Chaque membre du conseil est
responsable individuellement de prevenir
et de signaler les conflits d'interets
potentiels et actuels.
Comportement des membres du conseil
5(1) Members of Council shall conduct 5(1) Les membres du conseil se comportent de
themselves in a professional manner with dignity maniere profession nelle, avec dignite, et font tout
and make every effort to participate diligently in en leur possible pour participer avec diligence aux
the meetings of Council, committees of Council, reunions du conseil, aux comites du conseil et
and other bodies to which they are appointed. autres instances auxquels ils sont nommes.
5(2) Members of Council shall perform their 5(2) Les membres du conseil s'acquittent de leurs
official duties in accordance with the following fonctions officielles conformement aux principes
general principles: generaux suivants :
(a) Be honest and open with Members of
Council, staff, and the general public;
(b) Make decisions that are in the best
interest of the City as a whole;
(c) Make decisions based on careful and
objective consideration and review of the
facts;
(d) Ensure that objectivity, impartiality, and
transparency are emphasized in
decision -making;
(e) Be accountable for the decisions made
by Council;
(f) Demonstrate a high level of integrity and
professionalism when representing the
local government and in dealing with
members of the broader community; and
(g) Ensure that all duties are performed in
compliance with federal and provincial
laws, as well as by-laws, policies, and
procedures adopted by the City.
a) En etant honnetes et ouverts avec les
membres du conseil, le personnel I et le
grand public;
b) En prenant des decisions dans I'interet
superieur de la municipalite en general;
c) En prenant des decisions fondees sur un
examen attentif et objectif des faits.
d) En assurant que I'objectivite, I'impartialite
et la transparence sont mises en valeur lors
du processus decisionnel;
e) En etant responsables des decisions prises
par le conseil;
f) En demontrant un haut niveau d'integrite
et de profession nalisme lorsqu'ils
representent le gouvernement local et
lorsqu'ils font affaire avec les membres de
la communaute en general; et
g) En s'assurant que toutes les taches sont
accomplies en respectant les lois federales
et provinciales, ainsi que les arretes, les
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5(3) Members of Council shall at all times serve
and be seen to serve their constituents in a
conscientious and diligent manner.
5(4) Members of Council shall conduct their
dealings with each other in a way that maintains
public confidence in the office to which they have
been elected, are open and honest, focus on
issues rather than personalities, and avoid
aggressive, offensive, or abusive conduct.
5(5) Members of Council shall treat members of
the public, other Members of Council, staff or
individuals providing services on a casual or
contractual basis with dignity, understanding,
and respect.
5(6) Members of Council shall promote the
governance framework that underpins the
authority and work of Council to ensure their
work environment is free from discrimination,
bullying or intimidation, offensive, abusive,
and/or derogatory language, and harassment,
including sexual harassment, and that they are in
compliance with applicable law and the local
government's policies and procedures, where
applicable.
5(7) Without limiting the generality of the
foregoing, Members of Council shall not:
politiques et les procedures adoptees par
la municipalite.
5(3) En tout temps, les membres du conseil
servent et sont consideres comme servant leurs
electeurs d'une maniere consciencieuse et avec
diligence.
5(4) Lors d'echanges entre eux, les membres du
conseil se comportent d'une maniere qui maintient
la confiance du public dans la fonction pour
laquelle ils ont ete elus, ils sont ouverts et
honnetes, se concentrent sur les enjeux plutot que
les personnalites, et ils evitent un comportement
agressif, offensif. ou abusif.
5(5) Les membres du conseil traitent les citoyens,
les autres membres du conseil, le personnel ou les
individus qui offrent des services sur une base
occasionnelle ou contractuelle avec dignite, en
faisant preuve de comprehension. et avec respect.
5(6) Les membres du conseil font la promotion du
cadre de gouvernance qui sous -tend I'authorite et
le travail du conseil pour garantir que Ieur
environnement de travail est exempt de
discrimination, d'agression ou d'intimidation, de
Iangage offensant, abusif ou degradant et de
harcelement, y compris le harcelement sexuel, et
qu'ils respectent les Iois applicables et les
politiques et procedures du gouvernement local, le
cas echeant.
5(7) Sans limiter la portee generale de ce qui
precede, les membres du conseil :
(a) Make inappropriate comments or a) Ne font pas de commentaires ou de gestes
gestures to or about an individual where inappropries a un individu ou a 1'egard de
such conduct is known or ought celui-ci, alors qu'on sait ou qu'on devrait
reasonably to be known to be offensive to savoir qu'un tel comportement est
the person(s) to whom they are directed; offensant pour la personne visee;
(b) Display materials or transmit b) Ne montrent pas de materiel ou ne
communications that are inappropriate, transmettent pas de messages qui sont
offensive, insulting or derogatory; inappropries, offensants, insultants ou
degradants;
(c) Make threats or engage in any abusive
activity or course of conduct toward
others, including bullying;
c) Ne font pas de menaces ou ne se livrent
pas a aucune activite ou n'adoptent pas
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(d) Engage in persistent or excessive
criticism and/or scrutiny of staff or falsely
or maliciously harm their reputation;
(e) Vandalize the personal property of
others;
(f) Commit assault of any kind, including
making unwanted physical contact,
including touching, patting or pinching;
and
(g) Converse, interact, or act, or, as
applicable, refuse to do any of the
foregoing, in a manner contrary to the
Human Rights Act, R.S.N.B. 2011, c.171.
Conflicts of Interest
une attitude abusive envers les autres, y
compris ('intimidation;
d) Ne se livrent pas a des critiques
persistantes ou excessives et/ou a un
examen minutieux du personnel ou ne
portent pas atteinte a leur reputation de
maniere fausse ou malveillante;
e) Ne vandalisent pas la propriete d'autrui;
f) Ne commettent pas d'agression d'aucun
type, incluant les contacts physiques non
desires, comme toucher, caresser ou
pincer; et
g) Ne conversent pas, n'interagissent pas, ou
ne se comportent pas, ou, le cas echeant,
refusent de faire ce qui precedent, d'une
maniere contraire a la Loi sur les droits de
la personne, L.R.N.-B. 2011, ch. 171.
Conflits d'interets
6(1) Members of Council have a statutory duty to 6(1) Les membres du conseil ont une obligation
comply with the Conflict of Interest provisions set legale de se conformer aux dispositions relatives
out in Part 8 of the Local Governance Act. au conflit d'interets enfoncees dans la partie 8 de
la Loi sur la gouvernance locale.
6(2) Members of Council are to be free from
undue influence and not, directly or indirectly,
act, or appear to act, in order to gain financial or
other benefits for themselves, their family, their
friends, their associates, their business or
otherwise.
6(3) It is the individual responsibility of
Member of Council to seek independent
advice, at the Member's sole expense,
respect to any situation that may result
pecuniary or other conflict of interest.
Roles and Responsibilities
6(2) Les membres du conseil doivent titre libres de
toute influence indue et ne doivent pas,
directement ou indirectement, agir ou paraitre agir
de maniere a obtenir un benefice financier ou tout
autre avantage, pour eux, leur famille, leurs amis,
leurs associes, leur entreprise ou autrement;
each 6(3) Chaque membre du conseil est
legal personnellement responsable d'obtenir un avis
with legal independant, a ses propres frais, concernant
in a toute situation qui pourrait se solder par un interet
pecuniaire ou autre type de conflit d'interets.
Les roles et responsabilites
7(1) Decision -making authority lies with Council 7(1) Le pouvoir decisionnel revient au conseil dans
as a whole, and not with any individual Member son ensemble et non pas a aucun membre du
of Council alone. conseil individuellement.
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7(2) Members of Council shall accurately and
professionally communicate the decisions of
Council, even if they disagree with Council's
decision, such that respect for the decision -
making process of Council is fostered.
7(3) Members of Council shall ensure they
(a) Focus on their governance role of
providing leadership for the community in
an open, accountable, and transparent
manner, establishing strategic direction
and providing oversight of the local
government.
(b) Respect the role of staff, which is to
provide administration of the local
government, provide advice, analysis,
and recommendations that reflect their
professional expertise, implement
Council decisions, and carry out their
responsibilities as required under the
Local Governance Act, and any other
relevant federal and/or provincial
legislation, regulations, or by-laws of the
local government.
7(2) Les membres du conseil communiquent avec
precision et profession nalisme les decisions du
conseil, meme s'ils sont en desaccord avec celles-
ci, et ce, afin que le respect du processus
decisionnel du conseil soit favorise.
7(3) Les membres du conseil s'assurent :
a) Qu'ils se concentrent sur leur role de
gouvernance de faire preuve de leadership
pour la communaute, d'une maniere
ouverte, responsable, et transparente, en
etablissant une direction strategique et en
exergant un role de surveillance du
gouvernement local;
b) Qu'ils respectent le role du personnel qui
est de veiller a I'administration du
gouvernement local, d'offrir des conseils et
des analyses, et des recommendations qui
refletent Ieur expertise profession nelle, de
mettre en ceuvre Ies decisions du conseil et
de s'acquitter de Ieurs responsabilites
comme 1'exige la Loi sur la gouvernance
locale, et toute autre legislation federale ou
provinciale, reglement ou arrete du
gouvernement local;
(c) Respect the role of Council and c) Qu'ils respectent le role du conseil et des
Committees of Council and recognize comites du conseil, et reconnaissent que,
that, as a whole, Council is the decision- dans son ensemble, le conseil est l'organe
making body for the local government; decisionnel du gouvernement local; et
and
(d) Council as a whole has the authority to
approve budgets, and policy statements,
including structures and procedures for
committees. Authority to act on behalf of
Council, including through a committee,
can only be delegated by Council.
7(4) No single Member of Council, including the
Mayor, has the authority to direct staff, approve
budgets, policy, committee processes, and other
matters, unless specifically authorized by
Council.
d) Le conseil dans son ensemble a I'autorite
d'approuver le budget et des enonces de
politique, incluant Ies structures et Ies
procedures associees aux comites. Seul le
conseil peut deleguer I'autorite d'agir en
son nom, y compris par le biais d'un comite.
7(4) Aucun membre du conseil individuellement,
incluant le maire, n'a I'autorite de donner des
directives au personnel, d'approuver le budget,
une politique, des processus d'un comite et
d'autres affaires, a moins d'etre specifiquement
autorise par le conseil.
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7(5) No Member of Council shall, unless
authorized by Council, attempt to bind The City
of Saint John or give direction to staff, agents,
contractors, consultants, or other service
providers or prospective vendors to the City.
Gifts and Benefits
7(5) Aucun membre du conseil ne tente de lier The
City of Saint John ou de donner des directives au
personnel, aux agents, aux entrepreneurs, aux
consultants, ou aux autres fournisseurs de
services ou vendeurs potentiels de la municipalite,
a moins d'etre autorise par le conseil.
Cadeaux et avantages
8(1) In accordance with Subsections 96 (a) and 8(1) Conformement aux paragraphes 96 a) et b) de
(b) of the Local Governance Act, a Member of la Loi sur la gouvernance locale, un membre du
Council shall not: conseil :
(a) Accept any fees, gifts, gratuities or other a)
benefit that could reasonably be seen to
influence any decision made by him/her
in the carrying out of his/her functions as
a Member of Council; or
N'accepte aucun honoraire, cadeau, don
en argent, ou autre avantage qui pourrait
raisonnablement titre considers comme
exergant une influence sur toute decision
qu'il ou qu'elle prend comme membre du
conseil dans 1'exercice de ses fonctions; ou
(b) For his or her personal gain, or for the b) N'utilise pas son poste ou toute information
personal gain of a family associate, make obtenue dans le cadre de son poste qui
use of his or her position or of any n'est pas mise a la disposition du public,
information that is obtained in his or her pour son avantage personnel ou pour celui
position and is not available to the public. d'un membre de sa proche famille.
8(2) Members of Council are not precluded from 8(2) Les membres du conseil ne sont pas
accepting: empech(§s d'accepter :
(a) Compensation or benefit authorized by
Council;
(b) Rewards, gifts or benefits not connected
directly or indirectly with the performance
or duties of the office;
(c) Services provided without compensation
by persons volunteering their time;
a) Une remuneration ou un avantage autorise
par le conseil;
b) Des recompenses, cadeaux ou avantages
qui ne sont pas directement ou
indirectement lies a leurs fonctions;
c) Les services fournis sans remuneration par
des personnes qui donnent de leur temps;
d) De la nourriture, de I'hebergement, du
(d) Food, lodging, transportation, and transport, ou du divertissement offert par
entertainment provided by other levels of d'autres niveaux de gouvernement ou par
government or by other local d'autres gouvernements locaux, conseils
governments, boards, and commissions. d'administration et commissions.
(e) Reasonable quantities of food and e) Des quantites raisonnables de nourriture et
beverages consumed at banquets, de boissons consommees lors de
receptions, ceremonies, and similar
events;
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(f) Token gifts such as souvenirs and
commemorative gifts that are given in
recognition of service for attending an
event; and
banquets, receptions, ceremonies et autres
evenements similaires;
f) Des cadeaux symboliques comme des
souvenirs et des cadeaux commemoratifs
qui sont donnes en guise de remerciement
pour avoir participe a un evenement; et
(g) Gifts received as an incident of protocol g) Des cadeaux regus dans le cadre normal et
or social obligation that normally and raisonnable du protocole ou d'une
reasonably accompany the responsibility
of office. obligation sociale liee a leurs fonctions.
Use of Local Government Property, Utilisation par les membres du conseil des
Resources, and Services by Members of biens, ressources, et services du
Council gouvernement local
9(1) No Member of Council shall make use, or
permit the use, of any City premises (land,
facilities, equipment, supplies, etc.), staff, or
other resources (computers, networks, websites,
social media) other than for carrying out the
business of the local government.
9(2) Members of Council shall avoid waste and
extravagance in the provision or use of the City's
resources or property belonging to the City.
Election Campaign Work
9(3) No Member of Council shall use the
facilities, equipment, supplies, services or other
resources of the City for any election campaign
or campaign -related activities. No Member of
Council shall undertake campaign -related
activities on City property. No Member of Council
shall use for campaigning purposes, the services
of persons during working hours in which those
persons receive any compensation from the City.
Use of Communication Tools, Social Media,
and Freedom of Speech
10(1) Members of Council shall use
communication tools, such as newsletters,
9(1) Aucun membre du conseil n'utilise ou ne
permet ('utilisation de toute propriete de la
municipalite (terrain, installations, equipement,
materiel, etc.), du personnel, ou d'autres
ressources (ordinateurs, reseaux, sites Web,
medias sociaux) a des fins autres que pour mener
les affaires du gouvernement local.
9(2) Les membres du conseil evitent le gaspillage
et les extravagances dans la fourniture ou
('utilisation de ressources de la municipalite ou de
biens lui appartenant.
Travail de campagne electorale
9(3) Aucun membre du conseil n'utilise les
installations, ('equipement, le materiel, les services
ou autres ressources de la municipalite pour toute
campagne electorale ou activites reliees a la
campagne. Aucun membre du conseil
n'entreprend d'activites reliees a une campagne
elecorale sur une propriete municipale. Aucun
membre du conseil n'utilise pour des fins de
campagnes electorales, les services de personnes
au cours des heures de travail ou ces personnes
regoivent une remuneration de la municipalite.
Utilisation des outils de communication, des
medias sociaux, et la liberte de parole
10(1) Les membres du conseil utilisent les outils de
communication, comme les bulletins d'information,
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websites, and social media in a responsible and les sites Web, et les medias sociaux d'une maniere
respectful manner. responsable et respectueuse.
10(2) Members of Council must not claim to
speak on behalf of Council unless authorized to
do so.
10(3) Unless Council directs otherwise, the
Mayor is Council's official spokesperson and in
the absence of the Mayor, it is the Deputy Mayor.
All inquiries from the media regarding the official
Council position on an issue shall be referred to
Council's official spokesperson.
10(4) A Member of Council who is authorized to
act as Council's official spokesperson must
ensure that their comments accurately reflect the
official position and will of Council as a whole,
even if the Member of Council personally
disagrees with Council' s position.
10(5) Members of Council must keep in mind
they are always representative of The City of
Saint John, including when engaging in social
media activities, and Members of Council must
identify when views expressed are theirs alone
and not official City of Saint John
communication.
10(6) Members of Council shall not use
communication tools and social media to engage
in criticism of other Members of Council, the staff
or the general public. Members of Council shall
demonstrate respect and courtesy in all
communications with constituents, regardless of
political affiliation.
10(7) Members of Council shall not engage in or
encourage bullying, flaming, or shaming of any
other social media users and shall comply with
all other elements of the City's Social Media
Policy. These types of interactions on social
media misplace the focus of interaction on
attacking individuals rather than engaging in
constructive discussion or debate. This manner
of communication is inconsistent with the Code
of Conduct and unbecoming of the office that
Members of Council hold.
10(2) Les membres du conseil ne peuvent
pretendre parler au nom du conseil a moins d'en
etre autorises.
10(3) A moins que le conseil decide autrement, le
maire est le porte-parole officiel du conseil et en
I'absence du maire, cela revient au maire
suppleant. Toutes les demandes des medias
concernant la position du conseil sur un enjeu sont
transmises au porte-parole officiel du conseil.
10(4) Un membre du conseil qui est autorise a agir
comme porte-parole officiel du conseil doit
s'assurer que ses commentaires refletent
exactement la position officielle et la volonte du
conseil dans son ensemble, et ce, meme si le
membre du conseil est personnellement en
desaccord avec la position du conseil.
10(5) Les membres du conseil doivent garder a
1'esprit qu'ils sont toujours des representants de
The City of Saint John, y compris Iorsqu'ils
participent a des activites Iiees aux medias
sociaux, et Iorsque des points de vue sont
exprimes, les membres du conseil doivent
specifier que ce sont les Ieurs et non pas une
communication officielle de The City of Saint John.
10(6) Les membres du conseil n'utilisent pas les
outils de communication et les medias sociaux
pour critiquer d'autres membres du conseil, le
personnel ou le grand public. Les membres du
conseil font preuve de respect et de courtoisie
dans toutes les communications avec les
electeurs, quelle que soit leur affiliation politique.
10(7) Les membres du conseil n'intimident pas,
n'injurient pas ou n'humilient pas d'autres
utilisateurs de medias sociaux ni n'encouragent de
telles actions et se conforment a la politique de The
City en matiere de medias sociaux. Ce genre
d'interactions dans les medias sociaux deplace
l'objectif d'interagir en attaquant des individus
plutot qu'en favorisant une discussion constructive
ou un debat constructif. Cette fagon de
communiquer est incompatible avec le code de
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10(8) No Member of Council shall make a
statement with the intent to mislead Council or
members of the public.
10(9) No Member of Council shall make a
statement when they know the statement is
false.
Conduct at Meetings
11(1) Members of Council shall conduct
themselves in accordance with the provisions set
out in the City' s Procedural By-law, in particular
Section 12 Rules of Conduct.
11(2) Members of Council may not impugn or
malign a debate or decision or otherwise erode
the authority of Council. Members of Council
have the right to express disagreement with
positions put forward by other Members of
Council or by staff provided such disagreement
remains focused on the issue. Once Council has
adopted a resolution, Members of Council are
expected to support the resolution and the work
associated with carrying out this resolution.
11(3) Members of Council shall respect the
Chair, other Members of Council, staff, and
members of the public present during Council
meetings or other proceedings of the
municipality. Meetings shall provide an
environment for transparent, healthy, and
respectful debate on matters requiring decision -
making.
Handling of Confidential Information
12(1) Members of Council shall not disclose or
release any confidential information to any
member of the public, or in any way divulge any
confidential information, including personal
information or any aspect of deliberations
obtained through their holding office, in either
oral or written form, in accordance with the Right
to Information and Protection of Privacy Act.
deontologie et entache la dignite des fonctions
qu'exercent les membres du conseil.
10(8) Aucun membre du conseil ne fait de
declaration avec ('intention de tromper le conseil
ou les membres du public.
10(9) Aucun membre du conseil ne fait de
declaration lorsqu' it sait que celle-ci est fausse.
Comportement lors des reunions
11(1) Les membres du conseil se comportent
conformement aux dispositions enfoncees dans
I'Arrete sur les procedures de The City,
particulierement I'article 12 Regles de procedures.
11(2) Les membres du conseil ne contestent pas
ou ne denigrent pas un debat ou une decision ni
ne mine 1'autorite du conseil. Les membres du
conseil ont le droit d'exprimer Ieur desaccord avec
les positions presentees par d'autres membres du
conseil ou par le personnel a condition que le
desaccord demeure concentre sur la question.
Une fois que le conseil a adopte une resolution, on
s'attend a ce que les membres du conseil appuient
la resolution et le travail associe a 1' application de
cette resolution.
11(3) Les membres du conseil respectent le
president, les autres membres du conseil, le
personnel et les membres du public presents lors
des reunions du conseil ou d'autres procedures de
la municipalite. Les reunions fournissent un
environnement pour un debat transparent, sain et
respectueux sur les questions necessitant une
prise de decision.
Traitement d'informations confidentielles
12(1) Les membres du conseil ne divulguent pas
et ne diffusent pas d'information confidentielle a
tout membre du public, ni ne divulguent de quelque
que fagon que ce soit toute information
confidentielle, incluant de ('information personnelle
ou tout element de deliberation obtenu dans le
cadre de leurs fonctions, que ce soit verbalement
ou par ecrit, conformement a la Loi sur le droit a
1'information et la protection de la vie pnvee.
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12(2) Members of Council shall keep confidential
those matters that are discussed in a meeting is
authorized under the Local Governance Act to be
closed to the public.
12(3) Members of Council shall not use
confidential information, including information
they might have knowledge of by virtue of their
position that is not in the public domain, including
emails or correspondence from other Members
of Council or third parties, for personal or private
gain, or for the gain of relatives or any person or
corporation or cause that is detrimental to the
City, a local board or others.
12(4) The obligations identified in Section 12
above constitute continuing obligations that
apply following service on Council by any
Members of Council.
Complaints
Informal Complaint Process
13(1) Members of Council shall endeavor to
resolve interpersonal disputes with other
Members of Council using best efforts in good
faith.
13(2) Any person who has identified or witnessed
behavior or activity by a Member of Council that
the person reasonably believes, in good faith, is
in contravention of this By-law may address the
prohibited conduct by:
(a) Advising the Member of Council that the
conduct violates this By-law and encouraging
the Member to stop; or
(b) Requesting that the Mayor facilitate a
discussion between the parties in an attempt
to resolve the issue. In the event that the
Mayor is the subject of, or is implicated in the
12(2) Les membres du conseil gardent
confidentielles les questions qui sont traitees dans
une reunion qui peut titre tenue a huis clos en vertu
de la Loi sur la gouvernance locale.
12(3) Les membres du conseil n'utilisent pas
d'informations confidentielles, y compris
('information qu'ils pourraient connaitre en raison
de leur fonction, qui n'est pas du domaine public, y
compris les courriels ou la correspondance
provenant d'autres membres du conseil, ou de
tierces parties, pour un avantage personnel ou
prive, ou pour I' avantage d'un membre de leur
famille ou de toute personne, societe ou cause qui
pourrait nuire a la municipalite, une commission
locale ou autres.
12(4) Les obligations indiquees a la section 12ci-
dessus constituent des obligations continues qui
sont applicable apres qu'un membre du conseil ait
servi au conseil.
Plaintes
Processus de plainte informelle
13(1) Les membres du conseil s'efforcent de
resoudre les conflits interpersonnels avec les
autres membres du conseil en faisant de leur
mieux et en toute bonne foi.
13(2) Toute personne qui a decele ou observe un
comportement ou une activite d'un membre du
conseil qu'elle croit raisonnablement et de bonne
foi contraire au present arrete peut :
a) Informer le membre du conseil que le
comportement enfreint le present arrete et
1'encourager a y mettre fin; ou
b) Demander au maire de faciliter une
discussion entre les parties pour tenter de
resoudre le probleme. Si le maire fait l'objet
de la plainte ou est implique dans celle-ci,
la personne peut demander I'assistance du
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complaint, the person may request the
assistance of the Deputy Mayor. To the
extent both the Mayor and Deputy Mayor are
the subject of or implicated in the complaint,
Council shall identify a designated alternate
individual.
13(3) If a person is not satisfied with the response
or resolution received through the informal
process provided at subsection (2), they may file
a formal complaint as outlined below.
13(4) If approached by a complainant, Members
of Council have a positive duty to inform the
complainant of the options pursuant to the Code
of Conduct.
Formal Complaint Process
13(5) Any person who has identified or witnessed
behaviour or activity by a Member of Council that
the person reasonably believes, in good faith, is
in contravention of this By-law may file a formal
complaint with the City Clerk in accordance with
the following procedure.
All formal complaints shall:
(a) Be made using the complaint form attached
as Schedule "A" and shall be dated and signed
by the complainant;
(b) Name the Member of Council to whom the
complaint relates;
maire suppleant. Dans la mesure ou le
maire et le maire suppleant font I'objet
d'une plainte, ou sont impliques dans celle-
ci, le conseil doit identifier un remplagant
designe.
13(3) Si une personne n'est pas satisfaite de la
reponse ou de la resolution regue par le biais de la
procedure informelle prevue au paragraphe (2),
elle peut deposer une plainte officielle comme
indique ci-dessous.
13(4) Lorsqu'ils sont approches par un plaignant,
les membres du conseil ont le devoir positif
d'informer le plaignant des options en vertu du
code de deontologie.
Processus de plainte officielle
13(5) Toute personne qui a decele ou observe un
comportement ou une activite d'un membre du
conseil qu'elle croit raisonnablement et de bonne
foi contraire au present arrete peut deposer une
plainte officielle aupres du greffier conformement a
la procedure suivante.
Toute plainte officielle doit :
a) titre faite en utilisant le formulaire de plainte
prevu a ('Annexe « A » et titre datee et signee par
le plaignant;
b) indiquer le nom du membre du conseil concerne
par la plainte;
(c) Identify the section(s) of the By-law the c) indiquer les articles de I'arrete qui, selon le
complainant believes has been breached; plaignant, ont ete enfreints;
(d) Provide the date of the alleged breach;
(e) Provide the facts and an explanation as to
why there may be a contravention of the By-law;
d) indiquer la date de ('infraction alleguee;
e) fournir les faits et une explication des raisons
pour lesquelles it peut y avoir une infraction a
I'arrete;
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(f) Identify the names of any witnesses to the f) indiquer les noms des temoins de ('infraction
alleged contravention; presumee;
(g) Provide any evidence or material in support of g) indiquer toute preuve ou tout materiel a I'appui
the alleged contravention; and de ('infraction alleguee; et
(h) Acknowledge that the complaint form and
supporting documentation may be shared as
indicated on the form.
13(6) The City Clerk shall acknowledge receipt of
the formal complaint and provide the Complaints
Committee with the formal complaint for
processing. The Complaints Committee shall be
comprised of three Members of Council,
appointed by Council. Two alternate members
shall also be designated by Council, to be
available in case a complaint is made against a
member or members of the Complaints
Committee, in which case the Mayor shall direct
which alternate or alternates will replace the
member or members of the Complaints
Committee for the purposes of such complaint.
13(7) The Complaints Committee shall complete
an initial assessment by reviewing any
complaints received about a Member of Council
and determine whether the conduct described in
the complaint form is within their authority to
review and whether the information provided in
the complaint form provides reasonable grounds
for believing that a violation of this By-law
occurred.
h) reconnaitre que le formulaire de plainte et les
pieces justificatives peuvent titre partages comme
indique sur le formulaire.
13(6) Le greffier accuse reception de la plainte
officielle et la transmet au comite des plaintes pour
qu'elle soit traitee. Le comite des plaintes est
compose de trois membres du conseil, nommes
par le conseil. Deux membres suppleants sont
egalement designes par le conseil, pour titre
disponibles en cas de plainte contre un ou
plusieurs membres du comite des plaintes, auquel
cas le maire ordonne quels suppleants remplacent
le ou les membres du comite des plaintes aux fins
de cette plainte.
13(7) Le comite des plaintes procede a une
premiere evaluation en examinant toute plainte
regue au sujet d'un membre du conseil et
determine si la conduite decrite dans le formulaire
de plainte releve de leur competence et si les
renseignements indiques dans le formulaire de
plainte fournissent des motifs raisonnables de
croire qu'une violation du present arrete a eue lieu.
13(8) The Complaints Committee may reject any 13(8) Le comite des plaintes peut rejeter toute
complaint received: plainte regue :
(a) More than twelve (12) months after the date
of the reported alleged breach; or
(b) More than twelve (12) months after the
complainant became aware of the alleged breach
provided that this shall not apply to complaints
that extend beyond twelve (12) months solely as
a result of Section 15.
a) plus de douze (12) mois apres la date de
('infraction presumee; ou
b) plus de douze (12) mois apres que le plaignant
a eu connaissance de ('infraction a condition que
cela ne s'applique pas aux plaintes qui se
prolongent au-dela de douze (12) mois
uniquement en raison de I'article 15.
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13(9) The Complaints Committee may request
further information from the complainant before
determining whether or not there are reasonable
grounds for believing that a violation of this By-
law may have occurred.
13(9) Le comite des plaintes peut demander des
renseignements complementaires au plaignant
avant de determiner s'il existe ou non des motifs
raisonnables de croire qu'une infraction au present
arrete a pu avoir lieu.
13(10) If the Complaints Committee is of the 13(10) Si le comite des plaintes est d'avis que
opinion that:
(a) The conduct is not within its authority to a) la conduite ne releve pas de son pouvoir
investigate; d'investigation;
(b) The complaint is frivolous, vexatious or not b) la plainte est frivole, vexatoire ou n'est pas faite
made in good faith; de bonne foi;
(c) The complaint is anonymous; or
c) la plainte est anonyme; ou
(d) There are no reasonable grounds for d) it n'y a pas de motifs raisonnables de croire
believing that a violation of the By-law has qu'une infraction a I'arrete a eu lieu;
occurred;
the Complaints Committee will advise the
complainant in writing, setting out reasons for the
decision not to proceed with an investigation and
close the file. The Complaints Committee may
also decide not to proceed with an investigation
delayed pursuant to Section 15 and close the file.
13(11) If the Complaints Committee decides the
complaint should be investigated, the City Clerk,
on behalf of Council, shall retain an external
investigator to conduct an investigation.
13(12) The parties shall participate in good faith
in the investigation. If the complainant refuses to
participate in the investigation, the Complaints
Committee may determine that it is not possible
to proceed with the investigation and close the
file.
13(13) The external investigator shall
(a) Consider the alleged contravention of this By-
law;
le comite des plaintes en informe le plaignant par
ecrit, en exposant les raisons de la decision de ne
pas proceder a une enquete et de clore le dossier.
Le comite des plaintes peut egalement decider de
ne pas proceder a une enquete retardee en vertu
de I'article 15 et de clore le dossier.
13(11) Si le comite des plaintes decide que la
plainte doit faire l'objet d'une enquete, le greffier,
au nom du conseil, fait appel a un enqueteur
externe pour mener une enquete.
13(12) Les parties doivent participer de bonne foi
a 1'enquete. Si le plaignant refuse de participer a
1'enquete, le comite des plaintes peut determiner
qu'il n'est pas possible de proc(§der a 1'enquete et
clore le dossier.
13(13) L'enqueteur externe doit :
a) examiner ('infraction presumee au present
arrete;
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(b) Ensure the parties are given an opportunity to b) veiller a ce que les parties aient la possibilite
be heard; d'etre entendues;
(c) Allow the Member of Council at least ten (10)
business days to submit a written response to the
complaint for the consideration of the external
investigator;
(d) Explore if the complaint can be resolved
between the parties without making any
recommendations for a sanction;
(e) If the complaint is resolved to the satisfaction
of the parties pursuant to paragraph (d), the
external investigator shall advise the City Clerk
in writing within ten calendar (10) days;
(f) Provide a written confidential report of the
findings of the investigation, including whether
there has a been a breach of this By-law and a
recommendation as to the appropriate sanction
for the violation no later than ninety (90) calendar
days after the filing of the appeal, unless
extended pursuant to Section 13(15) or, for a
complaint handled under Section 15, after
commencement of the handling of the complaint;
(g) State in the report if there is a
recommendation that no sanction be imposed if
they determine that a violation of this By-law
occurred but that the Member of Council took all
reasonable steps to prevent it or that it was trivial
or that it was committed through inadvertence or
a genuine error of judgment;
c) accorder au membre du conseil au moins dix
(10) jours ouvrables pour soumettre une reponse
ecrite a la plainte a I'attention de 1'enqueteur
externe;
d) examiner si la plainte peut titre resolue entre les
parties sans faire de recommandations pour une
sanction;
e) si la plainte est resolue a la satisfaction des
parties conformement a I'alinea (d), 1'enqueteur
externe doit en informer le greffier par ecrit dans
les dix (10) jours civils;
f) fournir un rapport confidentiel ecrit des
conclusions de 1'enquete, y compris, s'il y a eu,
('infraction au present arrete et une
recommandation quant a la sanction appropriee
pour ('infraction, au plus tard quatre-vingt-dix (90)
jours civils apres le depot de I'appel, sauf s'il y a
prolongation conformement a I'article 13(15) ou,
pour une plainte traitee en vertu de I'article 15,
apres le debut du traitement de la plainte;
g) indiquer dans le rapport s'il est recommande
qu'aucune sanction ne soit imposee s'ils
constatent qu'il y a eu infraction au present arrete,
mais que le membre du conseil a pris toutes les
mesures raisonnables pour 1'empecher ou qu'elle
etait insignifiante ou qu'elle a ete commise par
inadvertance ou par une veritable erreur de
jugement;
(h) File the written confidential report with the h) deposer le rapport confidentiel ecrit aupres du
City Clerk; greffier;
(i) Provide a copy of the written confidential
report to the complainant and the subject(s) of
the complaint; and
i) fournir une copie du rapport confidentiel ecrit au
plaignant et a ceux qui font l'objet de la plainte; et
0) Present the confidential report to Council in a j) presenter le rapport confidentiel au conseil a une
closed meeting. reunion a huis clos.
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13(14) The ninety (90) calendar day timeline to
complete an investigation may be extended by
the external investigator depending on the nature
and complexity of the investigation. Reasonable
notice of the extension shall be provided by the
external investigator to the City Clerk, the
complainant and the subject(s) of the complaint.
13(15) Council, while acting in closed session of
Committee, shall consider the confidential report
from the external investigator. Its
recommendation with respect to whether a
sanction should be imposed to resolve the matter
shall be forwarded to Council for a decision.
13(16) A Member of Council who is the subject of
an investigation shall be afforded procedural
fairness, including the opportunity to respond to
the allegation(s) before Council makes a decision
or imposes any sanction.
13(17) A Member of Council who is the subject of
an investigation is entitled to be represented by a
spokesperson or legal counsel, at the Member of
Council's sole cost and expense.
13(18) The complaint process shall not apply
retroactively to any alleged violations of Members
of Council prior to the date on which this By-law
was formally adopted by Council.
Remedial Action if Contravention Occurs
14(1) Should a Member of Council breach any of
the principles outlined in this Code of Conduct
By-law, Council may impose or do, but is not
limited to imposing or doing, the following:
(a) Letter of reprimand;
(b) Exclusion of the Member of Council from
from up to 3 meetings of a Council
committee;
(c) A sincere verbal or written apology by the
Member of Council to the impacted
13(14) Le delai de quatre-vingt-dix (90) jours civils
pour mener a bien une enquete peut titre prolongs
par 1'enqueteur externe en fonction de la nature et
de la complexite de 1'enquete. Un prsavis
raisonnable de la prolongation doit titre fourni par
1'enqueteur externe au greffier, au plaignant et a
ceux qui font I'objet de la plainte.
13(15) Le conseil, statuant en comite a huis clos
examine le rapport confidentiel de 1'enqueteur
externe. Sa recommandation quant a l'opportunit6
d'imposer une sanction pour rssoudre le problsme
est transmise au conseil pour decision.
13(16) Un membre du conseil qui fait l'objet d'une
enquete doit bsnsficier de 1'6quit6 procedurale, y
compris la possibilite de rspondre aux allegations
avant que le conseil ne prenne une decision ou
n'impose une sanction.
13(17) Un membre du conseil qui fait l'objet d'une
enquete a le droit d'etre represents par un porte-
parole ou un conseiller juridique, a ses propres
frais.
13(18) La procedure de plainte ne s'applique pas
rstroactivement a toute violation prssumse par des
membres du conseil avant la date a laquelle le
present arret6 a sty officiellement adopts par le
conseil.
Mesures correctives en cas d'infraction
14(1) Si un membre du conseil enfreint un principe
6nonc6 dans le present Arrete relatif au code de
deontologie, le conseil peut imposer, mais n'est
pas limits aux, dsrmarches suivantes:
a) Une lettre de rsprimande;
b) L'exclusion du membre du conseil d'un
maximum de 3 reunions d'un comity du
conseil;
c) La presentation d'excuses sinceres,
verbales ou 6crites, par le membre du
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individual(s), Council, and/or the general conseil a l'individu ou aux individus
public; concernes, au conseil ou au grand public;
(d) Suspension or removal of the Member of d) Le suspension ou le retrait du membre du
Council from the Council Committees conseil du comite du conseil (a 1'exclusion
(excluding Committee of the Whole) du comite plenier) et/ou des organes
and/or bodies to which the Member has auxquels le membre a ete nomme par
been appointed by Council ; le Conseil;
(e) Direct the Member of Council to attend
training or counselling;
e) Exiger que le membre du conseil -assite a
une formation ou a des seances
d'orientation;
(f) Reduction or suspension of remuneration f) Reduction ou la suspension de la
paid by the City to the Member of Council remuneration versee par la ville au membre
for a period of up to ninety (90) days; du conseil pendant une periode maximale
de quatre-vingt-dix (90) jours;
(g) Restrictions on contact with staff;
(h) Restrictions on travel and representation
on behalf of Council;
(i) Restrictions on access to local
government facilities, property,
equipment, supplies or services;
(j) Restrictions on how documents are
provided to the Member of Council;
(k) Require the return of local government
property or the reimbursement of its
value;
(1) Explore Offences and Penalties
contained in the Local Governance Act
that apply to Members of Council who
violate the Disclosure of Conflict of
Interest provisions of the Act; and
(m) Pursue other penalties and sanctions
contained in relevant federal or provincial
legislation.
g) Restrictions concernant les contacts avec
le personnel;
h) Restrictions en matiere de deplacement et
de representation au nom du conseil;
i) Restrictions d'acces aux installations,
biens, equipements, fournitures, ou
services du gouvernement local;
j) Restrictions sur la maniere dont les
documents sont fournis au membre du
conseil;
k) Exiger la restitution des biens du
gouvernement local ou le remboursement
de leur valeur;
1) Explorer les infractions et peines prevues
dans la Loi sur la gouvernance locale qui
s'appliquent aux membres du conseil qui
contreviennent aux dispositions de
divulgation de conflit d'interets de la Loi; et
m) Explorer les autres peines et sanctions
prevues dans la legislation federale ou
provinciale applicable.
14(2) Nothing in this By-law requires Council to 14(2) Rien dans ce reglement n'oblige le conseil a
impose a sanction for every substantiated imposer une sanction pour chaque plainte
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complaint. Contraventions that were inadvertent
or made in good faith may appropriately result in
no sanction being imposed.
14(3) Council may develop and utilize further
confidential materials to guide appropriate and
consistent decision -making regarding sanctions.
14(4) Council may, in accordance with the Right
to Information and Protection of Privacy Act,
direct that the details of the sanction imposed be
released to the public or remain private.
14(5) When imposing a sanction, including
deciding whether to release the details of the
sanction to the public, Council must consider all
of the following:
a) the severity and consequences of the
contravention;
motivee. Les contraventions qui ont ete commises
par inadvertance ou de bonne foi peuvent
entrainer I'absence de sanction.
14(3) Le conseil peut developper et utiliser d'autres
documents confidentiels pour guider la prise de
decision appropriee et coherente concernant les
sanctions.
14(4) Le conseil peut, conformement a la Loi surle
droit a l'information et la protection de la vie privee,
ordonner que les details de la sanction imposee
soient rendus publics ou demeurent prives.
14(5) Lorsqu'il impose une sanction, y compris
lorsqu'il decide de divulguer ou non les details de
la sanction au public, le conseil doit tenir compte
de tous les elements suivants :
a) la gravite ou les consequences de la
contravention;
b) the principles and intent of this Code of b) les principes et ('intention du present code de
Conduct; deontologie;
c) the public interest; and
d) whether the Member of Council has previously
contravened this code of conduct.
Suspension of Action during Election Period
15 Notwithstanding any other provisions of this
By-law,
(i) any formal complaint received by the City
Clerk within the ninety (90) calendar day period
immediately preceding the date of a municipal
election (the "Election Period") shall not be
referred to the Complaints Committee for
assessment and
(ii) any processing and/or investigation of a
complaint in progress prior to the Election Period
shall be delayed until after the election has
occurred. The complaint shall be handled within
a reasonable period after completion of the
election period.
Repeal
c) I'interet public; et
d) si le membre du conseil a deja enfreint le
present code de deontologie;.
Suspension d'action pendant la periode
electorale
15 Nonobstant toute autre disposition du present
arrete,
i) toute plainte officielle regue par le greffier dans
les quatre-vingt-dix (90) jours civils qui precedent
immediatement la date d'une election municipale
(la « periode electorale ») ne ne sera pas
renvoyee au comite des plaintes pour evaluation ;
et
ii) tout traitement et/ou enquete d'une plainte en
cours avant la periode electorale est suspendue
jusqu'a ce que ('election ait eu lieu. La plainte sera
traitee dans un delai raisonnable apres la fin de la
periode electorale.
Abrogation
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16 A By-law of The City of Saint John enacted on
the 8th day of July 2019 entitled "By-law Number
LG-5, A By-law Respecting the Code of Conduct
for Elected Members of The City of Saint John"
and all amendments thereto are repealed.
IN WITNESS WHEREOF the City of Saint John
has caused the Corporate Common Seal of the
said City to be affixed to this By-law the day
of , 2022 and signed by:
16 Uarrete de The City of Saint John edicte le 8e
jour de juillet 2019 intitule « Arrete No LG-5, Arrete
re/atif au code de deonto/ogie pour les membres
elus de The City of Saint John », ensemble ses
modifications, sont abroges.
EN FOI DE QUOI The City of Saint John a fait
apposer son sceau communal sur le present arrete
le 2022, avec les signatures
suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading - May 2, 2022 Premiere lecture - le 2 mai 2022
Second Reading - May 2, 2022 Deuxieme lecture - le 2 mai 2022
Third Reading - Troisieme lecture -
`Pis]
- 25 -
Schedule A
NAME OF THE COMPLAINANT:
I, (full name of individual signing and filing this Complaint), OF
(full address) HEREBY MAKE THIS COMPLAINT
AGAINST (name of Member(s) of Common Council alleged to have
contravened A By-law Respecting the Code of Conduct for Elected Members of the Common Council of The City of Saint
John (the "Code of Conduct')):
I AM (choose one):
Li a member of Common Council;
u a City employee;
u a City resident;
Li other
I HAVE REASONABLE AND PROBABLE GROUNDS TO BELIEVE THAT THE FOLLOWING
SECTIONS OF THE CODE OF CONDUCT WERE CONTRAVENED:
Contravention (please state which section(s) of the Code of Conduct you believe have been breached):
NOTE: The Code of Conduct is available at SaintJohn.ca. You may also request a
copy by phone, email, or in person through the City Clerk's office (General Counsel Office, 15
Market Square, Saint John, New Brunswick, E2L 4L1; cityclerk@saintjohn.ca; 506-648-3703)
THE PARTICULARS OF WHICH ARE AS FOLLOWS:
Statements of Fact (Why do you believe a Member of Common Council contravened the Code of Conduct? Please include the
date, time and location of conduct, details and names of all persons involved and names of any witnesses and their contact information.
Attach extra pages if necessary):
`N
-26-
SUPPORTING DOCUMENTATION:
I have attached supporting records and/or additional pages no yes
Number of attached pages
(It is recommended that you provide supporting documentation that will help verify your complaint. Please attach any supporting
documentation to this complaint and specify number of pages.)
MY PERSONAL CONTACT INFORMATION:
Full
Email address:
Phone number:
Mailing
City:
Province: Postal code:
name:
Address:
This Statement of Complaint is made and filed for the purpose of making a complaint regarding
the conduct of one or more members of the Common Council of the City of Saint John.
I UNDERSTAND THAT:
u this form may be sent to the Member of Common Council;
u supporting documentation relevant to this complaint may be sent to the Member of
Common Council;
u this form and supporting documents may be sent to an external investigator.
I CERTIFY THAT I HAVE PERSONAL KNOWLEDGE of the facts as laid out in this form and I
DECLARE THAT the information in this form is true and accurate to the best of my knowledge
and belief.
fl"M
-27-
Signature of Complainant
Date
Please submit completed complaint in a sealed envelope to:
The City Clerk of the City of Saint John
Re: Code of Conduct Complaint
City Hall, 15 Market Square, Saint John, New Brunswick
397 Queen Street, Fredericton, New Brunswick E21- 41-1
Personal information on this form is collected pursuant to the Government of New Brunswick Right to Information and Protection of
Privacy Act, as amended, and will be used to review, asess and potentially investigate the details of the complaint. Any questions
related to the collection and use of this information should be directed to the City Clerk, City Hall, 15 Market Square, Saint John, New
Brunswick E21- 41-1, 506-648-3703
`W
Annexe A
NOM DU PLAIGNANT :
Je, (nom complet de la personne qui signe et d6pose la pr6sente plainte),
DE (adresse complete) DEPOSE CETTE PLAINTE
CONTRE (nom du ou des membres du conseil communal presumes avoir
contrevenu a un r6glement portant respect du Arrete relatif au code de d6ontologie pour les membres du conseil communal elus de
The City of Saint John (le « code de d6ontologie ») pour les membres elus du conseil communal de la ville de Saint John:
J E S U I S (choisissez-en un):
Li un membre du Conseil communal;
u un employe de la Ville;
u un resident de la Ville;
u autre
TAI DES MOTIFS RAISONNABLES ET PROBABLES DE CROIRE QUE LES ARTICLES
SUIVANTS DU CODE DE DEONTOLOGIE ONT ETE CONTREVENUS :
Contravention (veuillez indiquer la ou les sections du Code de d6ontologie qui, selon vous, ont ete enfreintes)
REMARQUE : Le code de d6ontologie est disponible a Fadresse SaintJohn.ca. Vous
pouvez egalement en demander une copie par telephone, par courriel ou en personne au bureau
du greffier municipal (Bureau du Chef du contentieux, 15 Market Square, Saint John, Nouveau -
Brunswick, E2L 4L 1; cityclerk@saintjohn. ca; 506-648-3703)
DONT LES INDICATIONS SONT LES SUIVANTES:
Enonc6s de faits (Pourquoi croyez-vous clu'un membre du conseil communal a enfreint le code de d6ontologie? Veuillez inclure
la date, I'heure et le lieu de la conduite, les details et les noms de toutes les personnel impliqu6es, ainsi clue les noms des temoins
et leurs coordonnees. Joignez des pages supplementaires si necessaire) :
`M-111
-29-
JUSTIFICATIFS:
J'ai joint des pieces justificatives et/ou des pages supplementaires non oui
Nombre de pages jointes
(II est recommande de fournir des documents justificatifs qui vous aideront a verifier votre plainte. Veuillez joindre toute piece
justificative a cette plainte et preciser le nombre de pages.)
MES COORDONNEES PERSONNELLES :
Nom complet :
Adresse electronique
Numero de telephone
Adresse postale
Ville :
Le present enonce de plainte est fait et depose dans le but de deposer une plainte concernant la
conduite d'un ou de plusieurs membres du conseil communal de la Ville de Saint John.
JE COMMENDS QUE:
❑ ce formulaire peut titre envoye au membre du conseil communal;
❑ les pieces justificatives relatives a cette plainte peuvent titre envoyees au membre du conseil
communal;
❑ ce formulaire et les pieces justificatives peuvent titre envoyes a un enqueteur externe.
JE CERTIFIE QUE J'AI UNE CONNAISSANCE PERSONNELLE des faits tels qu'enonces dans
ce formulaire et JE DECLARE QUE les informations contenues dans ce formulaire sont vraies et
exactes au meilleur de ma connaissance et de ma croyance.
Signature du plaignant
Date
`M
-30-
Veuillez soumettre votre plainte dument remplie dans une enveloppe scellee a I'adresse suivante
Le greffier municipal de la Ville de Saint John
Objet : Plainte relative au Code de conduite
Hotel de ville, 15, place du Marche, Saint John (Nouveau -Brunswick)
397, rue Queen, Fredericton (Nouveau -Brunswick) E2L 41_1
Les renseignements personnels contenus clans ce formulaire sont recueillis en vertu de la Loi sur le droit a ('information et la protection
de la vie privee du gouvernement du Nouveau -Brunswick, telle que modifiee, et seront utilises pour examiner, evaluer et
eventuellement enqueter sur les details de la plainte. Toute question relative a la collecte et a ('utilisation de ces renseignements doit
titre adressee au greffier municipal, Hotel de ville, 15 Market Square, Saint John (Nouveau -Brunswick) E2L 41-1, 506-648-3703
x h ; , 1
Received Date
May 12, 2022
Meeting Date
May 16, 2022
Open or Closed
Open Session
Mayor Donna Noade Reardon and Members of Common Council
Subject: Reversing Falls Parking Lot and Tourist Attraction
Background:
I would like to discuss closing Fallsview Drive to drive through traffic. There are entrances at each end
and it was closed in the centre.
We have been over here at Fallsview for ten days and it's very dangerous as the traffic speeds through
the parking lot where the tourists and locals walk to enjoy this major tourist attraction. This morning I
had 3 couples at different times complain about the speeding traffic and the restaurant- tourist booth
closed. They were from Manitoba, Toronto and Vancouver. This happens everyday. A lot of speeders
and a lot of locals who come here say it's crazy this is an open thrufair, it never used to be.
Motion:
Moved that Fallsview Drive be blocked off so that people have to use the two entrances to use it (one is
Main Street, the other is Lancaster Avenue).
Respectfully Submitted,
(Received via email)
Barry Ogden
Ward 2 Councillor
City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L 4LI
ter`_ If{F�rr J.
COMMON COUNCIL REPORT
M&C No.
2022-175
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Growth Committee Recommendation: Special Events Policy
Statement
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Chair of Growth
Committee
Kate Wilcott
Jacqueline Hamilton
John Collin
Councillor Joanna Killen
RECOMMENDATION
Growth Committee recommends:
1. That Common Council adopt the following Special Events and Street Events
Policy Statement:
"The City of Saint John recognizes public space and street events as
important to the quality of life, enhancing culture and recreation,
cultivating community pride, strengthening neighborhood connections,
and providing an economic benefit to business.
The City will enhance its core delivery service by providing applicants and
staff with a streamlined process for booking public space events and
street events including the temporary rerouting of traffic.
The City will also empower its Special Events Task Force to review
proposed larger scope events in public spaces, assess potential risks for
the City, and make recommendations to the City Manager and, if
required, to Common Council, on the feasibility and potential success of
these events."
2. That Common Council direct the City Manager to facilitate the launch of the
on-line booking platform for applications to reserve park space for public events,
larger events, street events, and the Green Machine.
EXECUTIVE SUMMARY
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In the Spring 2021, a gap was identified in the responsibility for management of
public spaces for event bookings and Green Machine bookings. The City Manager
tasked staff with creating a process to automate, as much as possible, event
bookings and Green Machine bookings.
Automation of the bookings process includes identification and implementation
of event booking software, development of event booking policies, processes, and
workflows, and classification of event bookings into the appropriate tier based on
risk and service level expectation.
Staff have completed their due diligence and are now prepared to seek Council
adoption of the new policies and process.
PREVIOUS RESOLUTION
July 20, 2020
1. RESOLVED that Common Council give first and second reading of A BY-LAW TO
AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT
JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO as attached to
M&C No. 2020-185; and
2. Establish a Special Events Task Force in order to facilitate community -initiated
street events.
REPORT
Each year in Saint John, public space events and street events are held throughout
the city. Often organized by community groups and volunteers, these events
empower neighborhoods, user -groups, residents, and associations, building
lasting connections and enriching our cultural lives.
In recent years, there has been a significant rise in the number of requests to the
city for the use of outdoor public space. With the onset of COVID, organizers
identified the need for outdoor space due to the province's mandates restricting
indoor gatherings. Socially distanced family birthday parties, baby showers, and
other celebratory get-togethers traditionally held indoors were now being held in
parks. Now, with restrictions lifting, the community has come to embrace the ease
and vibrancy of outdoor events. The demand continues for space in parks for small
events, as well as community organizers asking to hold large scale events in parks
and on city streets. In April alone, staff has received applications for 10 large scale
street events for the spring/summer season, including triathlons, marathons,
parades, street parties, and mural installations, including Moonlight Bazaar and
the Memorial Cup community events. Many more application bookings are
expected in the upcoming months.
`Me]
-3-
The need has been identified for an effective customer focused process for the
management of bookings that would streamline the process for both staff and
residents.
The City currently uses the ActiveNET software for rink and ballfield bookings. This
platform has been identified to serve the needs for the city's events bookings.
Staff have worked with ActiveNET representatives to set up a process using this
software which will streamline the process for staff and the public.
In the summer of 2021, a temporary staff position was created to address
immediate demands for that event season, assisting Park staff with the processing
of Park and Green Machine bookings through the City's current webform.
Applications were reviewed by this staff member who would then facilitate the
approval of the booking and communicate the reservation to Park staff.
If the booking was larger in scope (number of attendees, requirement of
additional resources, use of streets, COVID mandate concerns), staff would refer
the application to the Special Events Task Force, which was created in 2020 to
facilitate larger events and street events.
While this temporary position was responsible for bookings, staff in Community
Services and Customer Service created a process for the use of ActiveNET based
on stakeholder engagement, staff input, and best practices from previous event
bookings. Extensive research was also done to review the process used in other
jurisdictions.
In identifying the criteria for bookings using ActiveNET, it was identified that a
policy covering small "automated" bookings as well as those larger in scope would
be implemented, to guide staff in the facilitation of future bookings. This also
captures the policy that accompanied the 2020 amendment to the traffic by-law
for street events and Schedule P Regulation Respecting Processions and
Assemblages on Public Streets.
Upon Common Council's adoption of the policy, staff will launch the Events
Bookings ActiveNET software on the City's website. All requests to book special
events or street events in public spaces, including parks and streets, will be made
using this application process.
Simple small bookings in parks will be automated. Applications that are larger will
be sent directly via the software to staff and vetted through service areas and/or
the Special Events Task Force.
The benefit of this path forward is a centralized booking application allowing ease
for customers, automated notice to staff of resource requests, and an automated
calendar that allows customers to see availability of space.
`reel
-4-
STRATEGIC ALIGNMENT
Belong: Livable Neighborhoods, Vibrant City
Perform: Core Service Delivery, Transparent and Accountable
Grow: Population Growth
SERVICEAND FINANCIAL OUTCOMES
With the implementation of the ActiveNET software, there will be minimal need
for customer service for simple bookings. The software will escalate larger
bookings to the staff who currently facilitate this process.
City support remains status quo. If an event organizer requests resources such as
barricades or road closure signs the city will provide them, if possible, otherwise
the applicant is directed to source these items from rental companies.
For larger events such as parades and major street events, the applicant may incur
resources from the City that go above and beyond simple services, such as police,
fire, and waste management. This is coordinated with the applicant during the
application vetting and the event organizer is billed for services.
The adoption of this policy statement and the subsequent software process will
allow the city to provide a high caliber customer service experience for the
community. The preliminary stakeholder engagement has been very positive. The
only expected impacts or push back from the community could be from residents
who have stated that the current process for booking park spaces is too difficult
or undefined, resulting in them holding unpermitted events. The new process will
tie up any loose ends in the booking process. If there is dispute over bookings at
the event site, the approved applicant can access their permit through an online
application.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This process and policy were created by staff in consultation with other
jurisdictions; community stakeholders and event organizers; the Special Events
Task Force including Police, Fire, Municipal Engineering, Planning, Community
Services, Customer Service, Arts and Culture, Parks, Parking, Transit, Growth, and
the General Counsel's Office.
ATTACHMENTS
Special Events and Street Events Policy
171
-5-
Table of Contents
PREAMBLE: PUBLIC SPACES..................................................................................................................... 2
DEFINITIONS.............................................................................................................................................
2
1.
Policy Statement..............................................................................................................................
5
2.
PURPOSE...........................................................................................................................................5
3.
PERSONS AFFECTED..........................................................................................................................
6
4.
POLICY...............................................................................................................................................6
S.
PROCESS............................................................................................................................................9
6.
PRIORITIES......................................................................................................................................11
7.
INDEMNIFICATION AND INSURANCE REQUIREMENTS.................................................................12
8.
CANCELLATIONS.............................................................................................................................13
9.
PARKING AND VEHICLE ACCESS.....................................................................................................13
10.
BOOKABLE AREAS...........................................................................................................................14
11.
NOISE BY-LAW AND AMPLIFIED SOUND.......................................................................................15
12.
SAFETY............................................................................................................................................16
13.
ADVERTISING..................................................................................................................................16
14.
RESPONSIBILITIES...........................................................................................................................16
15.
RELATED POLICIES, LEGISLATION, AND BYLAWS...........................................................................18
`rX
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
PREAMBLE: PUBLIC SPACES
"Many of these locations are maintained as formal and manicured spaces in the City's urban
areas and are viewed by many as historical and iconic symbols of Saint John. Many are also
considered central attractions that create economic opportunity by offering people a
common area to gather for social, cultural, and political activities. In many ways these spaces
bring vitality, liveability and diversity to the city and have the potential to foster the
following benefits:
• Attract private investment and foster grassroots entrepreneurial activities such as the
local Farmers' Market that was created during the summer of 2011 in Queen Square.
• Cultivate community identity, encourage volunteerism, and highlight a community's
unique values.
• Welcome a diverse population by serving as the city's common ground. Successful
squares and public spaces draw upon the support of many different kinds of people by
offering and fostering many choices of things to do, such as: socializing, eating, reading,
playing a game, making art, protesting, etc." (PlaySJ Master Plan)
DEFINITIONS
• "accessibility" means that a public spaces event and/or street event can be accessed
and enjoyed by all; including people with physical, sensory, or cognitive disabilities.
"amplified sound" means any sound created by an electronic device or a group of
connected devices, incorporating one or more loudspeakers and intended for the
production, reproduction, or amplification of sound including, but not limited to, as
radio, video screen or television, amplifier, loudspeaker, public address system, or
sound equipment.
• "applicant" means the organizer of the public space or street event or a person
applying on behalf of the organizer
• "application process" is the application and approval process which includes staff
resources, feedback from the Special Events Task Force, and permitting as required.
• "city" refers to the City of Saint John
`rLl
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
• "public space event" means an organized gathering of people for the primary
purpose of supporting a community, culture, arts, heritage, recreation, or sport
experience within a limited period of time held on any space owned by the City of
Saint John, including public parks, plazas, beaches, sidewalks, and other common
spaces.
• "Special Events Task Force" and "SETF", as established by a motion of council in July
2020, means the city staff who reviews proposed street events, assess potential risks
for the City and make recommendations to the City Manager and, if required, to
Common Council, on the feasibility and potential success of street events. The SETF
will review each street event application from the perspective of each of the
respective departments and assess whether or not a street event application
complies with the requirements set forth in Schedule "P" Regulation Respecting
Processions and Assemblages on Public Streets. The SETF may be required to
review Tier Two and Tier Three Events which do not occur on streets but require
additional staff resources. The City Manager or their designate has the authority to
issue a street event permit.
• "logistics" means items involved in the coordination, planning and execution of an
event.
• "public space" means any space owned by the City of Saint John, including public
parks, plazas, beaches, sidewalks, and other common spaces.
• "street event" means a temporary procession or assemblage and includes, but not
limited to, parades, marathons, triathlons, road races, public processions, a
continual passing by of people, objects, or events; block parties, open streets, play
streets and street markets. Traffic rerouting for street events is temporary, in that it
is less than 48 hours in duration.
• "park" means an area zoned by municipal by-law as a public park for the purpose of
recreational activity.
• "site plan" means a proposed lay -out that demonstrates the location of activities,
equipment, and amenities including but not limited to vehicles, access points, food
areas, portable washrooms.
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
• "route map" means a comprehensive map for organizers and attendees of events
such as walks, runs, and trail events.
• "traffic plan" means a plan that demonstrates the flow of traffic in and around the
event site for the public and emergency vehicles, as well as transportation of items
needed for set up and tear down.
• "emergency measures plan and operations plan" means the applicant's process
pertaining to First aid services, event structures, hazard identification, risk
assessment, prevention, and risk reduction.
0
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
1. Policy Statement
The City of Saint John recognizes public space and street events as important to the
quality of life, enhancing culture and recreation, cultivating community pride,
strengthening neighborhood connections, and providing an economic benefit to
business.
The City will enhance its core delivery service by providing applicants and staff with a
streamlined process for booking public space events and street events including the
temporary rerouting of traffic.
The City will also empower its Special Events Task Force to review proposed larger scope
events in public spaces, assess potential risks for the City, and make recommendations
to the City Manager and, if required, to Common Council, on the feasibility and potential
success of these events.
2. PURPOSE
Every year numerous public space events and street events are held throughout the city.
Often organized by community groups and volunteers, these events empower
neighborhoods, user -groups, residents, and associations, build lasting connections, and
greatly enrich our cultural lives. The city recognizes public space and street events as an
important part of the quality of life, enhancing tourism, culture, recreation, and
education as well as providing an economic benefit to businesses in the city. This policy
is intended to provide applicants using the City's application booking system with
information about what is required to obtain approval for public space events and street
events including any associated temporary traffic rerouting.
2.1. To create an effective and efficient process that simplifies the application process for
staff and event applicants;
2.2. Provide a clear classification system of Tier One, Tier Two, and Tier Three bookings to
guide staff involvement with bookings;
MAN
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
2.3. To implement a system that would fully automate Tier One bookings;
2.4. Provide a list of public spaces suitable for public space events;
2.5. Identify the usage limits for public spaces when booking public space events;
2.6. Establish criteria and procedures that ensure consistent implementation of the
policy;
2.7. Provide a fair and transparent service delivery model that ensures equitable access
and promotes diversity, inclusion, and a vibrant community;
2.8. Establish strong interdepartmental relationships to support the process and clarify
roles and responsibilities;
2.9. Provide guidelines that ensure all public space events and street event bookings are
safe, accessible, and sustainable.
3.1. All applicants, organizers, volunteers, and attendees of public space events and street
events within Saint John city limits.
M9111111M
4.1. The City of Saint John recognizes public space and street events as important to the
quality of life, enhancing culture and recreation, cultivating community pride,
strengthening neighborhood connections, and providing an economic benefit to
business
4.2. The city will enhance its core delivery service by providing applicants and staff with a
streamlined process for booking public space events and street events including the
temporary rerouting of traffic.
C:
`rE:3
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
4.3. The city will also empower its Special Events Task Force to review proposed larger
scope events in public spaces, assess potential risks for the city, and make
recommendations to the City Manager and, if required, to Common Council, on the
feasibility and potential success of these events.
4.4. The City will offer an effective customer focused process for the management of
bookings of public space and streets for events, to provide Terms and Conditions,
FAQs, and other resources for applicants on the website and in the application, to
automate the booking process for Tier One public space events, to streamline the
process for staff in vetting Tier Two and Tier Three Special Events, and to establish
equitable resource allocations for bookings in alignment with relevant policies,
priorities, and by-laws.
FA
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
4.5. The City of Saint John supports the use of public space and streets by citizens through
the adherence of the following Guiding Principles:
4.5.1. Value
The City recognizes the benefit of providing public space for the use by citizens.
The City's public spaces are an important part of the quality of life in Saint John.
The City recognizes community involvement, their contribution in planning
public space events and street events and values the social and economic
impacts that events in public spaces bring to the city.
4.5.2. Fair and Transparent Application Process
The City will use the Public Spaces Events and Street Events Booking Policy, along
with Schedule P Regulation Respecting Processions and Assemblages on Public
Streets, to support decisions and thereby create an equitable and reliable
process.
3.2.3 Event Classification Framework
The following framework will be used to classify event bookings and determine
the level of automation:
Criteria
Tier One
Tier Two
Tier Three
Application Deadline
At least two weeks
At least four weeks prior to event
At least 16 weeks prior to
prior to event
event
Duration
1 day
1-7 days
1 day-1 month
Event Type
Public Space Event
Public Space Event or Street Event
Public Space Event or Street
Event
Frequency (annual)
One time
One time/recurring
One time/recurring
Number of
1
Multiple roads and/or parking spaces
Multiple roads and/or
spaces/locations
rerouting of traffic
(pedestrian or vehicular)
Attendance
1-50
51-500
Over 500
Logistics
Minimal or no
Moderate disruption of services and impact
Significant disruption of
disruption of
on City resources.
services and impact on City
services or impact
Possible resource charge backs
resources
to City resources
Possible resource charge
backs
Parking and
No requirements
Temporary closure of parking spaces,
Temporary closure of
Transportation
vehicle access
parking spaces, vehicle, or
street access
P?
`Fail
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
Emergency Measures
Emergency Plan not
Call non -emergency line at start and stop of
Call non -emergency line at
Plan and Operations
required but
event; adhere to any provincial health and
start and stop of event;
Plan
encouraged for the
safety protocols/on-site safety
adhere to any provincial
event organizer
liaison/possible emergency measure plan
health and safety
submitted/possible map demonstrating
protocols/on-site safety
safety measures/EMS traffic flow
liaison/ emergency measure
plan submitted/map
demonstrating safety
measures/EMS traffic flow
Traffic Plan/Map
Traffic plan with map demonstrating
Traffic plan with map
rerouting of traffic, placement of barricades,
demonstrating rerouting of
detour signs, road closed signs
traffic, placement of
barricades, detour signs,
road closed signs
Permits
Possible permits for alcohol, food trucks,
Possible permits for alcohol,
fire inspection, fireworks, temporary
food trucks, fire inspection,
structure
fireworks, temporary
structures
Route Map
Required for walk
Required for walk, run, ride
Required for walk, run, ride
Classification
Private event *, Art
Demonstration, Noise Levels, Multiple
Open Street, Parade,
or Music in the
Bookings, Art Installation, Vehicle Access,
Processional, Festival,
Park, Picnic, Non-
Open Flame, Car Show/Rally, Military
Circus/Zoo, Block Party,
Profit, Yoga, Walk
Exercise***/EMS, Farmers Market, Concert,
Marathon, Ceremonial use
(with Map), BBQ (at
Vigil, Commercial, For Profit, Temporary
of firearms, other
pre-existing site)
Structures, Sporting event**, Catered, Food
Trucks, Alcohol, Religious or Political Event,
Fireworks, Other
*Private events: Birthday, Anniversary, Wedding, Shower, Reception, BBQ, Service, Celebration, Photography
Session, Other
** Sporting Event: Run, Walk, Marathon, Yoga, Cycling, Soap Box Derby, Obstacle Course, Other
***Military event applicants must follow the procedures outlined in this policy for one time and annual events
5. PROCESS
5.1. Application Process for Bookings
The city has developed an application process for Public Spaces Events and Street
Events that includes submitting booking requests online. The tools of the
application process ensure that the process is seamless, consistent, organized, and
provides the applicant with the information needed.
5.2. Public Spaces Events and Street Events Booking Application
The applicant completes the City of Saint John Public Spaces Events and Street Events
booking on-line application which provides the applicant's contact information,
I•
City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
outlines the type of events, date, time, and location. The application form is designed
to ask a series of questions to define the event, determine eligibility and the level of
service the event will need. Based on the event logistics and scope of the event, the
applicant may be asked to provide maps and risk management and emergency plans.
a. Tier One: If the applicant requests "Tier One" criteria and supplies
proof of insurance (or purchases insurance from the City) the
software will provide a confirmation of booking to the applicant.
Applicants must read and agree to the Terms and Conditions of the
online booking application.
b. Tier Two: If the applicant chooses any of the Tier 2 criteria, the
application is sent to designated staff. Staff will determine the needs
of the application based on the selections appearing in the online
form. Staff will schedule a meeting, by phone, email, or in person,
with the applicant to determine the needs. Depending on the
requests, staff will vet the application with required departments and
evaluate the request. If it is within the scope of this policy, the terms
and conditions, all permits and procedures are in place, and staff can
accommodate the request, the application will be approved, and a
confirmation of booking will be sent to the applicant.
c. Tier Three: If the applicant chooses any of the Tier 3 options, the
application is sent to the SETF assigned Chair who in turn opens a
report. The SETF reviews the application, provides feedback, which is
sent to the applicant. The staff lead will work with the applicant and
the SETF to enable the booking to be approved, pending it is within
the scope of this policy, the terms and conditions, all permits, and
procedures are in place, and staff can accommodate the request, the
application will be approved by the SETF and the City Manager and a
confirmation of booking will be sent to the applicant.
5.2.1. The software will provide a report to staff each week with the location, dates,
times, and events. This will allow for staff to make the necessary amendments
to maintenance and other activities that may affect the booking.
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City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
5.3. Application Deadline
Every effort will be made by staff to process the application in a timely matter.
Applicants are encouraged to apply as early as possible to allow the necessary
workflow to enable a successful booking.
• Tier One Events: At least two weeks prior to event
• Tier Two Events: At least four weeks prior to event
• Tier Three Events: At least 16 weeks prior to event
rwJ:in:3111111[W
6.1. Applications submitted to the City must meet certain priorities to be eligible for
approval. The City reserves the right to modify an event or deny an application. Staff
may approve or deny a permit application outside the application deadline timeframe,
impose terms and conditions on any approval any time during the term of approval,
including special conditions, and deny a permit if the applicant is not in good standing
with the City. The SETF shall reject an application that promotes hate speech or could
reasonably be seen to cause economic, physical, or social harm to the community.
6.2. It should be noted that the City of Saint John may amend this policy in the future to
allow for the charging of fees related to event bookings. These fees would be above
and beyond those currently charged for certain events that involve special requests
and services to be provided by the City of Saint John and/or the Saint John Police Force
6.3. The applicant is responsible for any additional costs that may be incurred over and
above the provisions outlined in this policy (i.e., preparation, clean-up, maintenance,
replacement, repairs). Any damage to the public space or street, including grass,
roadways, trails, and flora, signage, as well as City provided resources such as
barricades/pylons will be invoiced accordingly to the applicant.
6.4. Applications for large-scale private functions, commercial functions, invitation -only
and/or ticketed special events in a public space that are not open to the public would
not be approved. In very infrequent circumstances, these events may be allowed by a
decision of the City Manager. If approved, such private functions are required to
adhere to the requirements of this policy and may have additional conditions and fees
placed on them.
11
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City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
6.5. The City of Saint John will allocate event bookings in public spaces and streets
according to the following priorities:
6.5.1. City of Saint John supported programs and special events
6.5.2. Community associations, non -profits, and charitable organizations based in the
city
6.5.3. Special Events that align with Council priorities and serve the greater
community
6.5.4. The city will honour pre-existing permits within the site plan of the application
6.5.5. The City will hold the right to limit how far in advance booking can be taken.
7. INDEMNIFICATION AND INSURANCE REQUIREMENTS
7.1. Where a public space event or street event is held on municipal lands, a person or
group - other than City departments, boards, agencies, and commissions and agents of
the City of Saint John - may have to carry third party liability insurance for the public
space event or street event. Whether all or part of the event takes places on or passes
over City of Saint John public property the applicant may have to obtain and maintain
in full force a Commercial General Liability and Cross Liability insurance policy with
limits of not less than $2,000,000, naming the City of Saint John as an "Additional
Insured"
7.2. Where liquor will be served or sold at a public space event or street event, the
applicant shall obtain and maintain in full force a Commercial General Liability
insurance policy with limits of not less than $5,000,000 naming the City of Saint John
as "Additional Insured"; and additional liquor liability insurance shall also be obtained.
7.2.1. Evidence of all required insurance coverage(s) must be presented to the City of
Saint John at least ten (10) business days before the event.
7.2.2. If any group does not have the required insurance coverage, it can be purchased
through the City of Saint John's insurance carrier for a nominal rate.
7.3. Permits
The applicant is responsible for obtaining any relevant permits for the public space
event or street event booking, including but not limited to alcohol, event structure,
and food.
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SAINT JOHN
8. CANCELLATIONS
8.1. The City reserves the right to revoke access and/or cancel a public space event or
street event up to and including the day of, or at any time, to ensure public safety
when:
8.1.1. in the sole opinion of the City, the applicant fails to comply with the
requirement of the Terms and Conditions or any other provisions of applicable
By -Laws, or any other reason that the City deems appropriate; and/or
8.1.2. the space is unavailable due to unforeseen circumstances or force majeure.
9. PARKING AND VEHICLE ACCESS
9.1. Parking and Vehicle Access refers to all items pertaining to accessing an event site,
including guest parking, vehicle access for set up and tear down, and any vehicles
involved in the event presentation including food trucks.
9.2. All events requiring the rerouting of traffic and/or closing of streets to vehicular traffic
are required to have detailed traffic plan and map with detours, barricades, emergency
vehicle access, and road closed signage.
9.3. The city may have resources available, including barricades and road closure signs, but
it is the responsibility of the applicant to arrange for these to be in place. The applicant
shall have the necessary arrangements to rent these resources from a company that is
prepared to follow and comply with the City's Work Zone Safety Manual. The applicant
will remove all safety barricades and signage immediately after the event.
9.4. It is the responsibility of the applicant to ensure that all streets that intersect with the
closed portion of the road are completely barricaded at both ends of the closure at all
times. It is the responsibility of the applicant to ensure that trained volunteers are
positioned at both ends of the road closure at all times and that a 6-meter passageway
is kept clear of obstacles at all times within the road closure so that emergency vehicles
can proceed through unimpeded.
9.5. Applicants will call Public Safety Communications Centre (PSCC) at 506-648-3333
immediately prior to the event and immediately after the event to notify emergency
services of street access.
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SAINT JOHN
9.6. It is the responsibility of the applicant to provide details of the event to residences,
businesses, and any other institution or organization that may be impacted by the
event a minimum of 10 days in advance of the event where reasonably possible.
Furthermore, the applicant will work with business representatives, etc., to minimize
any inconvenience the event may cause.
9.7. Applicants will have a social media/advertising/public education strategy to inform
event participants and event attendees of the parking and vehicle access changes.
10. BOOKABLE AREAS
10.1. Parks and Public Spaces (not including streets)
Parks and Beaches (including squares, plazas, public spaces, historic sites, open
spaces, and community gardens) are important municipal features that enhance
the quality of life for residents of Saint John.
This policy does not include rinks, ball fields, and other sports facilities which have
Council approved fees.
Parks and Public Spaces in the city considered reservable under this policy include:
10.1.1. Parks and Public Spaces (not including streets)
10.1.2. Carleton Community Centre
10.1.3. Chown Park
10.1.4. Dominion Park
10.1.5. Harbour Passage / Fort Latour
10.1.6. Jervis Bay
10.1.7. King's Square
10.1.8. Lakewood Reservoir
10.1.9. Larche Memorial Park
10.1.10. Mispec - Upper Park
10.1.11. Peel Plaza Courtyard
10.1.12. Peel Plaza Park
10.1.13. Queen's Square South (park located on South Central Peninsula)
10.1.14. Queen's Square West (park located on west side of city)
10.1.15. Rainbow Park
10.1.16. Rockwood Park A -Frame Picnic Site
10.1.17. Rockwood Park First Arch Picnic Site
14
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City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
10.1.18.
Rockwood Park Fisher Lakes Parking Lot
10.1.19.
Rockwood Park Kiwanis Playground
10.1.20.
Rockwood Park Old Ski Hill / Wilderness Centre
10.1.21.
Rockwood Park Zoo Trail Entrance
10.1.22. Seaside Park
10.1.23. Station One Skate Park
10.1.24. Tucker Park
10.1.25. Victoria Park
10.1.26. City Hall Plaza
10.2. Street Event Bookings
Any event that disrupts vehicular traffic, including but not limited to parades,
processionals, open street events, neighborhood block parties, and video shoots,
is escalated to Tier Three. These street events require a heightened Emergency
Measures Plan and Operations Plan, and applications will not be approved without
the review and approval of the SETF and City Manager. Any processions or
assemblages on public streets must adhere to the guidelines set out in Schedule P
"Regulation Respecting Processions and Assemblage on Public Streets".
11. NOISE BY-LAW AND AMPLIFIED SOUND
11.1. Amplified sound at events must comply with Saint John Noise By-law, By-law
Number M-22.
11.2. The following guidelines will apply to events with amplified sound:
11.2.1. Location of all speakers, sound equipment and stages must be provided as part of
the event application on a detailed site plan or map.
11.2.2. Measures must be taken to mitigate the impact of sound extending beyond the
target audience. For example, speaker stacks can be positioned to tilt downward
towards the audience rather than over the crowd.
11.2.3. The applicant will be required to notify all potentially affected neighbouring
businesses and residents about the proposed event a minimum of 10 days in
advance. This includes times and dates, type of sound and contact names and
numbers for persons who respond to any neighbouring concerns before, during and
following the event. The applicant is responsible for making attempts to address
concerns of complainants.
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City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
12.SAFETY
12.1. The safety of residents, visitors and event participants will be a priority through
the lifecycle of public space events and street events management, including
planning, execution, and closure.
12.2. Applicants of Tier One, Two, and Three bookings must have an on -site liaison and
safety liaison.
12.3. Applicants booking Tier Two and Tier Three events may be required to have a full
Emergency Management Plan, based on the scope of the event. The Emergency
Management Plan includes event site infrastructure, event access map, hazard
identification, risk assessment, prevention, and risk reduction plans, and emergency
response plan. These will be reviewed and approved by the SETF.
13. ADVERTISING
13.1. Groups wishing to display signage in public spaces and streets must first obtain
approval from the City.
13.2. Sign dimensions, colours, material, location, and message shall be taken into
consideration prior to approval.
14. RESPONSIBILITIES
14.1. Growth and Community Services will be the lead Department and will oversee
the implementation and execution of the Public Spaces Events and Street Events
Policy. This department will be responsible for assigning roles, ensuring
interdepartmental workflow, and maintaining external partnerships.
14.2. Customer Service will correspond with applicants who call or visit in person with
requests to access the booking platform. Customer Service will direct applicants to
the website or if necessary, provide a paper copy of the application.
14.3. All applications that are processed will be classified as either Tier One, Tier Two,
or Tier Three.
16
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City of Saint John
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SAINT JOHN
14.3.1. Tier One applications will be automatically approved, and the software will send
a report to designated staff each Wednesday for the following 7 days.
14.3.2. Tier Two applications will be directed to the Park Staff or SETF assigned Chair
14.3.3. Tier Three applications will be directed to the SETF assigned Chair.
14.4. Staff reviews applications designated by the software as Tier Two or Tier Three.
The assigned Chair reviews the application form's proposed location, date, time, and
scope, and determines the needs of the applicant. SETF includes representatives
from various departments included in bookings. The SETF will either correspond via
email, Teams, or in person to review applications. The assigned Chair facilitates the
meetings and follows up with members as needed. The SETF includes representatives
from Growth and Community Services including Arts and Culture, Planning, Parks,
and Municipal Engineering; Saint John Transit; Saint John Police Force; Saint John Fire
Department; Public Works and Transportation; and Parking. Communications will be
notified of any bookings that require public notices.
14.5. Tier Two: Staff will liaise with necessary departments and work to enable the
applicant's request, provide feedback, and based on the contents of this policy will
approve or reject the application. The software will send a report to designated staff
each Wednesday for the following 7 days.
14.6. Tier Three: The assigned Chair will prepare a report for the SETF, send and
receive feedback to both the SETF and the applicant, and based on the contents of
this policy will approve or reject the application. If approved by the assigned Chair, a
final approval document will be sent to the City Manager for signature. If approved
by the City Manager, this document will be sent back to the assigned Chair who will
then send it to the applicant. If rejected, the assigned Chair will notify the applicant.
A report will be sent to designated staff each Wednesday for the following 7 days.
14.7. External Partnerships may include community/neighborhood associations,
ENVISION Saint John, Uptown Saint John, the Chamber of Commerce, and other
stakeholders the assigned Chair deems necessary to include.
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City of Saint John
Public Space Events and Street Events Policy
SAINT JOHN
15. RELATED POLICIES, LEGISLATION, AND BYLAWS
The event must abide by all of the following:
5.1 Comply municipal, provincial, and federal acts and regulations;
5.2 Comply with all City of Saint John policies and procedures including Schedule P
Regulation Respecting Processions and Assemblages on Public Streets
5.3 Comply with health and safety rules and regulations administered by the Saint John
Police Force, Saint John Fire Department, and Public Health.
5.4 Comply with the Human Rights Code.
18
`E0]
_fir17j ,Fj 1
COMMITTEE OF THE WHOLE REPORT
M&C No.
2022-173
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Corporate Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Saint John Industrial Parks Strategic Update and Funding Request
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) and (d) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and Public Report from Committee of the Whole to be added to
open session
AUTHORIZATION
Primary Author
Commissioner/De
City Manager
Growth
pt. Head
Committee Chair
Brian Irving
Melanie
John Collin
Councillor Joanna
Tompkins
Killen
RECOMMENDATION
Growth Committee Recommends:
1. That Common Council allocate $55,000 for innovative marketing
enhancements and vegetation management at the Saint John
Industrial Parks, and that the funding be taken from the Strategic Real
Estate Capital Reserve Fund.
2. That the City Manager be directed to return to Growth Committee in
2022 with options that address the long-term operations,
maintenance, governance, funding, and future development of the
City's industrial parks to support Common Council's priority of Growth.
EXECUTIVE SUMMARY
The industrial parks require attention to support the business attraction efforts of
its economic development partners and the emerging opportunities in several
industrial sectors.
A robust stakeholder engagement and review of the parks' operations and current
situation resulted in the identification of short-term requirements and helped to
shape some of the inventory and opportunity capture solutions into mid and
longer -term periods.
The stakeholder work reinforced that the industrial parks are not up to
expectation or standard in terms of readiness to help support the attraction of
new tenants from a marketing perspective nor do the parks show well at the
curbside. The parks need to be cleared of vegetation along its right of ways and
over significant portions of land that is available for resale to allow the visioning
and viewing necessary for with site visits and selection. Entrance and in -park
signage require renewal and marketing assets such as website and pdf brochures
need to be rebuilt. Digital marketing initiatives and sale pipeline management
processes are a requirement as well.
Mid to long term Inventory solutions will need additional vetting, study and
consideration as there are partnerships options and various programs potentially
available to the City as it builds out its future inventory for opportunity capture.
PREVIOUS RESOLUTION
Growth Committee adopted the following resolution at its meeting of May 10,
2022:
Growth Committee Recommends:
1. That Common Council allocate $55,000 for innovative marketing
enhancements and vegetation management at the Saint John Industrial
Parks, and that the funding be taken from the Strategic Real Estate Capital
Reserve Fund
2. That the City Manager be directed to return to Growth Committee in 2022
with options that address the long-term operations, maintenance,
governance, funding, and future development of the City's industrial parks
to support Common Council's priority of Growth.
STRATEGIC ALIGNMENT
Council Priorities supported by this work includes:
Grow-Reenergizing the Industrial Parks will give confidence to investment,
support tax base and job growth.
Green -Supporting Port Modernization and attracting emerging green energy
projects reduces our carbon footprint.
Growth Committee Priorities supported by this work include:
Catalytic Growth -partnering with business attraction agencies, supporting Port
driven opportunities and securing alternative green energy projects repositions
Saint John for growth while reducing its carbon footprint.
`111106%,
REPORT
The Grandview Industrial Park was established in east Saint John by the Province
of New Brunswick in 1966. Subsequently PNB established the McAllister Park
(Grandview II) and a west side offering, the Spruce Lake Industrial Park. Saint John
Industrial Parks Ltd. (SJIPL) was established in the 1960's and was a local body that
supported the expansion of the City's industrial base. Over time SJIPL took a larger
role in the marketing and operations of the parks until 2008 when PNB divested
its land interests in both parks and SJIPL acquired same. The parks were owned
and operated by SJIPL from 2008 until 2018 when the SJIPL assets were
transferred to Develop Saint John. The park inventory was managed by Develop
Saint John until 2020 when Develop Saint John was rolled into Envision and the
former SJIPL assets were returned to the City in 2021.
Over the past four plus years the industrial parks have not received a significant
amount of resourcing as the City's real estate focus shifted to catalytic projects
and Multi Unit Residential opportunities under Develop Saint John. Recently the
parks have received heightened attention from the City's business attraction
partners and well as senior leadership and other stakeholders as the economy
transitions from the post covid era and into the Port Modernization and growth
era. The GCO was given direction by the City Manager to deliver a strategic plan
in the matter of the Saint John Industrial Parks to ensure the industrial parks would
be able to support and capture the increased level of interest and activity in
several emerging industrial business sectors. This work manifests itself into two
bodies of work; a "get the industrial parks open for business" piece and a longer -
term land inventory sustainability piece.
Over the past six months staff has been collaborating closely with a strategist and
a marketing specialist establishing baseline data and market information which
helped shape the discussions for a robust stakeholder engagement process with a
cross section of business development partners, park tenants, business and
government leaders and City staff. Two working sessions were hosted, and a
variety of off -site meetings and discussions were completed with more than
twenty-five total stakeholders. This work resulted in two discussion papers, two
reports, one marketing requirements document and associated budget. The work
did provide short term marketing direction which is the focus of this report. The
strategy work also delved into medium and long-term inventory solutions as well
as helping to identify key growth sectors and key partners in capturing these
opportunities. There remains significant work to complete in the anticipation of a
significant expansion of the industrial sector and activity in the Saint John region.
The highlights and recommendations of the report include:
1. Immediate investment in marketing assets and collateral.
2. A near term cleansing of the unkempt lands and right of ways in and
around the parks.
`&OW
3. An immediate replacement of in park and park entrance signage to reflect
the refreshed brand, current ownership, and contact coordinates.
Business Case
The request for funding to meet the requirements above is proposed to come
from the Strategic Real Estate Capital Reserve. This initiative meets the evaluation
criteria outlined in the policy.
The "Business Case" is driven by the parks need to be seen as being open for
business and to have a professional coordinated cohesive suite of marketing
collateral and supports. The reestablishment of the park's media presence and
appearance will help the capture of opportunities from both the local market as
well as the business attraction efforts of partners. The $55,000 request will
support the maintenance activities in the order of $15,000 and the remaining
$40,000 will be directed to marketing tools, signage improvements and collateral
materials.
The pipeline of active files lead by ONB sits at 6, there are several green energy
opportunities emerging, there are small and large businesses looking to scale and
there is a multitude of opportunities around warehousing of inventories and the
subsequent stuffing / destuffing of goods that will flow into and out of the Saint
John region via one of multiple modes of transportation. An investment in these
foundational tools will support enhance the City's ability to compete for new
business which provides investment, tax base growth and job capture/retention.
SERVICEAND FINANCIAL OUTCOMES
Funding of the marketing collateral / support, and the vegetation management
initiative will support the business attraction efforts of the City and its partners.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Feedback has been received from the Growth Committee, GCO office, City
Manager's Office, Growth and Community Growth Planning, DP World, CP, ONB,
Envision, LMC, JTR, PNB-RDC, PNB-DTI, SJ Airport, Port SJ, SJE, Brunswick Brokers
and a broad variety of industry partners and stakeholders.
ATTACHMENTS
Presentation Deck
`MEI
f
M&C No.
2022-173
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Corporate Services
SUBJECT: Saint John Industrial Parks Strategic Update and Funding Request
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
Saint John is known as a hub for leading industrial and commercial businesses,
many of whom are located in the City's industrial parks. To better position itself
for Growth and future business attraction, the City is making renewed
investments into our industrial parks.
These initial investments will immediately enhance the curb appeal of our parks,
and position them as open to new development opportunities through the use of
updated marketing assets, renewed signage, and enhanced digital branding.
The City will also be reviewing the overall positioning and vision of the parks in
partnership with our stakeholders and partners, and will be exploring options that
address the long-term operations, maintenance, governance, funding, and future
development of the City's industrial parks to support Common Council's priority
of Growth.
COUNCIL RESOLUTION
1. That Common Council allocate $55,000 for innovative marketing
enhancements and vegetation management at the Saint John
Industrial Parks, and that the funding be taken from the Strategic Real
Estate Capital Reserve Fund.
2. That the City Manager be directed to return to Growth Committee in
2022 with options that address the long-term operations,
maintenance, governance, funding, and future development of the
City's industrial parks to support Common Council's priority of Growth.
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Saint John Comite des
Board of Police commissaires de
Commissioners police de
Saint John
May 5, 2022
Mayor Donna Reardon and Members of
Common Council
Your Worship and Councillors:
Subject: Level II Security Clearance
iPeel Plaza, E2L OE1
P.O. Box 197 l
Saint John, NB
E2L 4L1
Tel: (506) 648-3324
Fax: (506) 648-3304
1 Peel Plaza, E2L OE1
Case postale 1971
Saint John, N.-B.
E2L 4Ll
TO: (506) 648-3324
T416c: (506) 648-3304
Regarding the above captioned matter, this item was brought to the Commission by Councillor
Killen. After much discussion, research, and legal opinion, a resolution was adopted at the Saint
John Board of Police Commissioners meeting on May 3, 2022.
"RESOLVED, that the Saint John Board of Police Commissioners accept the motion
prepared by Legal Counsel and forward to Common Council for ratification or adoption
... "The Saint John Board of Police Commissioners "Board" considers the current level
of Security Clearances for members necessary and appropriate. The Board wishes it to
continue due to the sensitive and confidential nature of the information it receives,
and must receive to meet its mandate, that is, governance of the Saint John Police
Force "SJPF':"
If you have any questions, please do not hesitate to contact me.
Respectfully submitted,
Tamara Kelly, Chair
Saint John Board of Police Commissioners
TK:dew
Nirl
From: Ministerial Correspondence Unit - Mailout <Ministerial. CorrespondenceUnit-
Mailou@justice.gc.ca>
Sent: May 11, 2022 11:42 AM
To: Reardon, Donna <donna.reardon@saintjohn.ca>
Subject: Correspondence from the Minister of Justice and Attorney General of Canada
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.**
Dear Madam Mayor:
Thank you for your recent correspondence, sent on behalf of the City of Saint John, concerning racial
discrimination. Please excuse the delay in responding.
I wish to assure you that the Government of Canada agrees that there is no place in Canadian society for
discrimination, hate propaganda, and hate crime.
Racial discrimination can occur in a wide variety of settings and include a variety of conduct. As you note,
the prohibition of discrimination is an area of shared jurisdiction, with provincial human rights legislation
and the federal Canadian Human Rights Act both addressing discrimination in different areas.
Sections 318 and 319 of the Criminal Code contain three hate propaganda offences, namely advocating
or promoting genocide against an identifiable group; inciting hatred against an identifiable group by
communicating in a public place statements that are likely to lead to a breach of the peace; and
communicating statements, other than in private conversation, to willfully promote hatred against an
identifiable group. "Identifiable group" is defined as any section of the public distinguished by colour, race,
religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or
physical disability. In certain situations, some forms of racial discrimination are also captured by other
Criminal Code offences, such as criminal harassment.
Furthermore, section 718.2 of the Criminal Code addresses hate crimes, which are those committed
when motivated by hatred based on various criteria such as race or religion. It requires judges to
consider, as an aggravating circumstance in sentencing, any evidence that a crime was motivated by
bias, prejudice, or hate based on grounds including race, colour, religion, national or ethnic origin,
language, sex, age, mental or physical disability, sexual orientation, or any other similar factor. Lastly, the
Criminal Code prohibits vandalizing or damaging certain property, such as property primarily used for
religious worship, as well as educational institutions and seniors' residences that are primarily used by an
identifiable group.
The Government remains committed to addressing systemic racism and discrimination at every stage of
the justice system. As you may know, on December 7, 2021, 1 introduced in the House of Commons
Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, to repeal
certain mandatory minimum penalties that disproportionately affect Indigenous people, Black Canadians,
and members of marginalized communities. The proposed legislation would also allow for a greater use
of conditional sentences, and require police and prosecutors to consider using diversion for simple drug
possession offences rather than laying or proceeding with criminal charges.
Moreover, An Act to Amend the Judges Act and Criminal Code (former Bill C-3), which came into force on
May 6, 2021, is an important component of the Government of Canada's commitment to enhance
confidence in the criminal justice system and to address systemic racism. This legislation requires new
judges in provincial superior courts to participate in training on matters related to social context following
W91-13
their appointment, which includes systemic racism and discrimination. This education is aimed at
enhancing awareness and knowledge of the realities of accused persons and victims to ensure that
personal or societal biases, myths, and stereotypes do not influence judicial decision making.
Budget 2021 announced funding for a number of programs dedicated to combatting systemic racism in
the criminal justice system, and the Government is pursuing several other strategies to support this
objective. For example, the Government has committed to developing —in consultation and cooperation
with provinces, territories, and Black communities —a Black Canadians Justice Strategy to address
systemic discrimination and the over -representation of Black people in the criminal justice system, and
funding has been committed to support the development of an Indigenous Justice Strategy.
Public consultations were also held from October 2018 to March 2019 to inform the development of a new
federal anti -racism strategy. Building a Foundation for Change: Canada's Anti -Racism Strategy 2019- 2022 is
a $45 million investment that takes concrete action to fight racism and discrimination, in part through a
whole -of -government approach led by the Anti -Racism Secretariat.
Dismantling systemic discrimination —including in our core institutions —is a key priority for our
government, and we will continue to invest in the empowerment of Black and racialized Canadians and
Indigenous people.
Thank you again for writing.
Sincerely,
The Honourable David Lametti, P.C., Q.C., M.P.
(he/him)
Minister of Justice and Attorney General of Canada
W916.1
From: Compassionate Grief Centre <hello@compassionategriefcentre.ca>
Sent: Wednesday, April 27, 2022 10:50:54 AM
To: Compassionate Grief Centre <hello@compassionategriefcentre.ca>
Subject: Invitation to our Cocktails for a Cause Event
[ External Email Alert] **Please note that this message is from an external
sender. If it appears to be sent from a Saint John employee, please forward the
email to spamsample@saintiohn.ca or contact IT Service Desk at 649-6047.**
You are invited to attend the Compassionate Grief Centres first ever Semi -Formal Event Presented by
our friends at Fundy Funeral Home. Where all proceeds go directly to our Child, Youth and Family
Program.
When: Saturday May 28th at 7pm-11pm
Where: Shadow Lawn Inn Rothesay NB
Cost: $100/ticket ( guests can get tickets by clicking on the below eventbrite link or sending us an
etransfer to giving@ compassionategriefcentre.ca ( with your name and email address).
https://www.eventb rite.ca/e/cockta i Is-fo r-a-cause-event-registration-321408931767
Night includes listening to a beautiful piano player while canapes are being passed around. Networking
with 100 people, while browsing through auction items all going, to a great cause. If you choose, each
will have a glass of sparkling wine as you listen to our guest speaker Kelly Lamrock ( NB Child and Youth
Advocate) and be entertained throughout the night with our lovely Master of Ceremonies Lori Carle. If
you are looking for another cocktail of choice Shadow Lawn will have a fully stocked bar ready for you to
ask them what you chose (not included in ticket price). This is going to be a wonderful event at the
beautiful Shadow Lawn and we are hoping you will attend. By attending you truly will be changing the
lives of local families struggling with grief, loss and life's challenges.
Tickets are very limited, only 100 tickets being sold and once this is sold out we unfortunately do not
have any room for exceptions. So we strongly encourage you to get your tickets as soon as possible.
We are very much looking forward to seeing you:
Warm Regards:
Dr Tamer Rizk-Pediatric Neurologist and Board Chair of the Compassionate Grief Centre
Jamie Godfrey- Chief Executive Officer/Founder of the Compassionate Grief Centre.
Palo]
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2022-172
Report Date
May 16, 2022
Meeting Date
May 16, 2022
Service Area
Growth and Community
Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Summer ice at Peter Murray Arena in partnership with Lord
Beaverbrook Rink
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Phil Ouellette
Jacqueline Hamilton
I John Collin
RECOMMENDATION
City staff recommend that the:
1. City of Saint John enter into an agreement with the Board of Trustees of
the Lord Beaverbrook Rink in Saint John, Inc. for the delivery of a summer
ice surface at the Peter Murray Arena as generally in the form attached to
M&C 2022-172.
2. City Clerk and Mayor Noade Reardon be authorized, upon satisfactory
agreement with the Board of Trustees of the Lord Beaverbrook Rink in
Saint John, Inc., to execute the license agreement as generally in the form
attached to M&C 2022-172.
EXECUTIVE SUMMARY
The City of Saint John is looking to offer a summer ice surface for residents, which
is expected to support programming and access to 300 to 400 users. In order to
deliver an ice surface, the City is looking to build -off the partnership struck with
Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. ("LBR") in 2021
to offer a similar service to the community in 2022. In collaboration with the LBR,
the City has updated the last license agreement for a summer ice surface to
prepare for the 2022 season. The LBR has indicated that they are interested in
pursuing this partnership from June 201", 2022 to September 26', but final
approval was not achievable in time for the May 161" Council meeting. Council's
adoption of the resolution outlined in this report will authorize the City Clerk and
Mayor Noade Reardon to finalize this agreement with the LBR, if there is
consensus from the LBR on the terms of the agreement.
211
-2-
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
The introduction of summer ice surface in Saint John will support Common
Council's priorities of Grow and Belong.
REPORT
In the spirit of expanding the City's sport and recreation offerings, the City of Saint
John is well -served to identify a partner to facilitate the availability of a summer
ice surface for the community. This ice surface is intended to encourage leagues,
user groups, coaches and users to benefit from additional recreational access
during a period of time that the City has not always offered this service.
The City was successful in securing summer ice in 2021 through a partnership with
the Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. ("LBR"), who
was offered a license agreement to schedule user groups and operate the Peter
Murray Arena from July to September 2021.
In preparation for summer 2022, City staff facilitated a request for proposals
("RFP") to identify a suitable partner in the delivery of an ice surface between April
and September 2022. The initiation of this RFP exercise was hoped to begin in late
2021, but due to resourcing constraints and staff turnover, the RFP process was
only initiated in March 2022. The outcome of the RFP exercise yielded no suitable
proposals for the terms outlined in the City's RFP.
As a response to the outcome of the RFP process, the City approached the LBR in
early May 2022 with a proposal to deliver a summer ice surface at the Peter
Murray Arena. The LBR responded favorably to the City's request to partner, with
the acknowledgment they needed some lead time to prepare and begin
scheduling -in users for the proposed license period. The LBR is interesting in
pursing summer ice between the dates of June 201h, 2022, and September 261h,
2022. The City did share with LBR that the updated agreement will include three
additions, including:
1. The City of Saint John charge a 4% price increase to LBR from the 2021
agreement to reflect part of inflationary costs.
2. In order to offer consistency in maintenance and safety standards across
arenas throughout the year, the City will update language in the
agreement to ensure that the City will provide a level of oversight to the
arena operations and maintenance through the LBR partnership, and that
any deficiencies the City identifies in safety or standard operating best
PA
-3-
practices, the City will make them known to LBR and request them to be
rectified.
3. In the spirit of transparency in the City's recreational programs and
investments, the LBR will provide the City of Saint John a financial
summary at the end of the period so that the City has a clear
understanding of which types of user groups provided revenue and the
nature of the profit or loss. There is no intent to claw back any profit made
by this contract. Rather, it is simply to have visibility on the revue sources
and costs associated with summer ice.
The City has since included these additional conditions in the draft license
agreement and submitted them to the LBR leadership for review. Staff are
currently finalizing adjustments upon the receipt of feedback received from LBR
and the most up-to-date draft license agreement can be found in Attachment #1
(which has also been sent to LBR for review). Staff expect the agreement to be
finalized in the coming days or week.
One item raised by the LBR is to expedite the process to secure spring and summer
ice for the 2023 season, which staff agrees is most ideal. Staff will be working
through the coming months to finalize that approach for 2023, which staff is
committed to presenting a recommendation to Common Council by September
2022. This should give sufficient time for the successful recipient of spring and
summer ice in 2023 to prepare and secure users for the license period.
SERVICEAND FINANCIAL OUTCOMES
As outlined in Attachment #1, the City intends to partner with the LBR to deliver
an available ice surface at Peter Murray Arena from June 201h, 2022 to September
261h, 2022. The fee charged to the LBR for this service is to cover the City of Saint
John's facility expenditures, which is mainly power, water, asset depreciation,
among others. The City is seeking to recover $60,528.00 plus HST from the LBR for
the duration of this license period, which equates to a 4% inflationary increase
from the $18,000/month (plus tax) that was charged in 2021.
The partnership between the City of Saint John and the LBR will offer a sport and
recreational offerings that would otherwise not be offered during the summer
months, and it is expected to invite new sport and recreational services to 300 to
400 youth and adults.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Growth and Community Services, the City Manager's Office, Public Works and
Transportation and the General Counsel's Office provided feedback on this report.
PA191
-4-
ATTACHMENTS
2022 License Agreement between the City of Saint John and the Board of Trustees
of the Lord Beaverbrook Rink in Saint John, Inc. for a summer ice surface
PSI[!
This License made in duplicate this day of June 2022.
BY AND BETWEEN:
THE CITY OF SAINT JOHN, having its
City Hall at 15 Market Square, Saint John,
New Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of
the Legislative Assembly of the Province of
New Brunswick, hereinafter called the
"Licensor"
OF THE ONE PART
- and -
BOARD OF TRUSTEES OF THE LORD
BEAVERBROOK RINK IN SAINT
JOHN, INC. a body corporate duly
incorporated under the Companies Act,
having its head office in the City of Saint
John in the County of Saint John and
Province of New Brunswick, hereinafter
called the "Licensee"
OF THE OTHER PART
WHEREAS the Licensor is the owner of the premises located at 711
Dever Road in Saint John, New Brunswick, having PID No. 00036590,
commonly known as the Peter Murray Arena (the "Premises"); and
WHEREAS the Licensee has made a request to the Licensor for the use of
the Premises, save and except for the following: any offices and storage rooms
already used or occupied by the Licensor on or before June 20a', 2022, the sports
fields and the use by the Licensor, its officers, servants, agents, contractors and
workers of a right of way for access to and from those parts of the Premises not
hereby licensed; and
WHEREAS the parking lot within the Premises will be shared by the
parties to this License; and
WHEREAS the Licensor has agreed to grant the within License upon the
terms and conditions herein contained.
NOW THEREFORE THIS INDENTURE WITNESSETH that for and in
consideration of the charges stipulated in this License and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the Licensor
does hereby grant, subject to the terms, conditions, covenants and provisions
herein contained, permission and license to the Licensee, its servants, agents,
employees, contractors and invitees to enter into and upon and exit from the
Premises during such days and periods of occupation and use as are more
particularly set out below. All times referenced in this License are expressed in
Atlantic Daylight Time and not otherwise.
1. The Licensee may occupy and use the Premises on the days and during the
corresponding hours particularized below between the dates of June 20a', 2022,
and September 26th, 2022, inclusive (the "Term"):
a) On any day during the Term between the hours of 8:00 a.m. and
12:00 am Midnight, inclusive.
215
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-2-
b) For the purposes of this License, the temporal periods described in
this Article 1 shall be collectively referred to as the "License Period".
2. (a) The Licensee shall pay to the Licensor for the occupation and use
of the Premises pursuant to Article 1, the total amount of sixty thousand,
five hundred and twenty-eight dollars ($60,528.00) plus HST during the
License Period (the "License Fee").
(b) The payment of the License Fee shall be made to the Licensor by
the Licensee by cash or certified cheque at the City of Saint John
Customer Service Centre, ground floor of the City Hall Building, 15
Market Square, Saint John, New Brunswick, or such other place as may
from time to time be designated by the Licensor in the following
installments and before the date identified below for the payment of each
installment:
i) On or before June 20"', 2022, the amount of Six Thousand
Eight Hundred and Sixty -Four Dollars ($6864.00) plus HST for the
period commencing June 20a', 2022, until and including June 30a',
2022;
ii) On or before July 1st, 2022, the amount of Eighteen
Thousand Seven Hundred and Twenty Dollars ($18,720.00) plus
HST for the period commencing Julylst, 2022, until and including
July 3l't, 2022; and
iii) On or before August lst, 2022, the amount of Eighteen
Thousand Seven Hundred and Twenty Dollars ($18,720.00) plus
HST for the period commencing August 1st, 2022, until and
including August 31st, 2022.
iv) On or before September 1st, 2022, the amount of Sixteen
Thousand Two Hundred and Twenty -Four Dollars ($16,224.00)
plus HST for the period commencing September 1st, 2022, until
and including September 26a', 2022.
(c) The use of the Premises pursuant to the terms of this License shall
be used by the Licensee; however, the Licensee may enter into further
arrangements with a third party/third parties, including compensation to
the Licensee, but, in all cases, shall ensure that such third party abides by
the terms of this License. The Licensor, in its sole discretion, may prohibit
the Licensee from entering into such arrangements with third parties and
shall provide reasonable notice to the Licensee of any such prohibition.
discretion.
(d) The Licensee shall provide a weekly schedule of ice use to the
Licensor. no later than the Wednesday prior to the week of the schedule
(Sunday to Saturday, inclusive). In addition to the schedule, the Licensor
shall also provide the contact information for at least one individual for the
group using the ice each time. Should there be any changes to the schedule
of ice use, the Licensee shall notify the Licensor in writing immediately of
any such changes.
(e) The Licensor shall reserve one (1) storage room of the Licensor's
choosing at the Premises during the License Period that the Licensee shall
be able to use for storing property belonging to the Licensee_ Said storage
room can be occupied on the first day of the License Period and must be
216
License Agreement
The City of Saint John and Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc.
-3-
fully vacated by the final day of the License Period
(a) The Licensor may terminate this License and the Licensee shall
have no further recourse should the Licensee fail to pay the License Fee
pursuant to the terms of this License or otherwise fail to meet any
obligations, conditions or agreements stipulated in this License.
(b) Either the Licensor or the Licensee may terminate this License
upon the giving of advance written notice of thirty (14) business days.
Should such a termination occur, the Licensee shall be refunded a prorated
share of the License Fee, as calculated by reference to the proportion of
the hours remaining during the License Period.
(c) Should the Licensee terminate this License without giving the
advance written notice required in Article 3(b) above, the Licensee shall
be obligated to pay to the Licensor, as a penalty for providing inadequate
written notice, the equivalent of three (3) weeks of the License Fee, as
calculated by reference to the applicable License Fee payable in the
month(s) that are covered by the specific period in question.
4. (a) The Licensee shall keep in place during the full Term hereof
comprehensive general liability insurance in a minimum amount of
Five Million Dollars ($5,000,000.00) wherein the Licensor is named
an "additional insured" and wherein there is a cross -liability clause, all
of which also expressly covers and protects the Licensor in
circumstances where the Licensee chooses to resell ice -time pursuant
to Article 2(c) above and which also expressly covers any
allegations/claims of physical or sexual abuse.
(b) The Licensee shall provide a Certificate of Insurance to the
Licensor at the time of the execution of this License evidencing the
insurance coverage described herein and providing that coverage shall
not be altered or cancelled without the insurers giving thirty (30) days'
notice in writing to the Licensor prior to any such alteration or
cancellation.
(c) The Licensee shall ensure that any third party to which the
Licensee resells its ice time pursuant to Article 2(c) is either covered
by the Licensee's insurance or has insurance that meets the terms of
this Article 4 and the Licensee must provide proof of said insurance to
the Licensor if and when requested by the Licensor.
(d) The Licensee shall provide the Licensors at the end of the
contracted term a financial summary of the operations. This is to
include all revenue and expenditures. Specifically, to be included is the
profits or losses generated from rentals and corresponding user groups
that purchased ice time. Report is to be submitted no later than
October 30th, 2022.
(e) On the first and final day of the License Period, the Licensor
and the Licensee shall carry out a walkthrough of the Premise for the
purpose of determining the state and condition of the Premise and the
Licensee shall be responsible for any damage to the Premise identified
on the final day of the License Period that was not identified on the
first day of the License Period.
5. The Licensee shall not have any claim against the Licensor for loss or
damage of any nature, kind or description whatsoever arising from the exercise or
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purported exercise of the License herein granted, unless such loss or damage is
due to the negligence of the Licensor or its employees, servants, or agents.
6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and
save harmless the Licensor from all damages, claims, demands, actions, suits, or
other proceedings by whomsoever made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
sustained by others based upon or arising out of or in connection with this License
or anything done or purported to be done in any manner hereunder.
7. The Licensee and all the Licensee's customers shall, at all times, comply
with such rules and regulations in use by the Licensor from time to time as may
be reasonably applicable. Moreover, the Licensee acknowledges and agrees that it
shall develop and follow a written COVID-19 Operational Plan should one be
required under order of the Minister of Public Safety pursuant to the terms of the
Emergency Measures Act and shall also comply with any other statutory or
regulatory requirements that may apply from time to time_ This COVID-19
Operational Plan shall be submitted to and subject to the approval of the Licensor
and shall be fully responsive to all requirements under order, statute or regulation
having regard to the activities of the Licensee within the Premises during the
License Period. Additionally, the Licensee acknowledges and agrees that it shall
comply with any COVID-19 Operational Plan put in place by the Licensor as
owner of the Premises. Should the Licensee resell its ice -time pursuant to Article
2(c) above, it shall ensure as an express term of such reselling that the third party
shall at all times adopt and comply with both the Licensee's and the Licensor's
COVID-19 Operational Plans.
8. The Licensee shall determine the amount and pay to the proper authority,
when applicable, all fees, charges, or royalties properly due to Composers,
Authors and Publishers Association of Canada Limited and/or to Performing
Rights Organizations of Canada Limited in accordance with the Copyright Act,
Chapter C-30, R.S.C. 1970 as amended, such fees, charges or royalties are the
sole responsibility of the Licensee.
9. Except in accordance with the terms of this License, the Licensee shall not
assign, transfer or otherwise by any act cause or permit this permission and
License or any portion hereof to be assigned or transferred to any person(s)
whomsoever_
10_ The Licensee shall, upon the termination of this License, immediately and
at its own expense, remove from the Premises any and all property brought or
placed upon the Premises by the Licensee and shall restore the Premises to as
good an order and condition as prevailed immediately prior to the commencement
of the Term hereof and in the event of the failure of the Licensee to do so with
reasonable expedition, of which the Licensor shall be the sole judge, the Licensor
may effect such removal and restoration at the Licensee's own risk and expense,
but the Licensor shall, by reason of any action taken or things required under this
paragraph, be entitled to compensation, reimbursement and indemnity from the
Licensee.
11. The Licensee shall:
(a) undertake during the Term the following customer interaction,
maintenance, and inspection duties:
i) book ice times, collect revenue, and generally interact with
customers to whom the Licensee intends to resell ice;
ii) check all public areas and ice surface for safety/cleanliness;
iii) inspect ice resurfacer and perform pre -trip inspection;
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iv) maintain the ice surface;
v) clean the Premises;
vi) complete inspections of the ice surface daily, including
completing the inspection form;
vii) complete inspections of the ice plant operations daily,
including completing the inspection form;
viii) complete monthly facility inspections, including completing
the inspection form;
ix) follow COVID-19 Operating Plans (if required);
x) pick up litter around exterior of arena and in parking lot; and
xi) transport cutting edges between the Premises and Licensor's
contractor for maintenance of said cutting edges.
(b) provide to the Licensor for its approval, prior to the
commencement of the Term, a facility inspection and maintenance plan,
including, but not limited to, the ice surface, the ice plant and other areas
of the facility, and follow said plan during the Term of this License;
(c) inform the Licensor of all required maintenance or repairs that may
be required during the Term that fall outside the scope of duties listed in
Article 11(a);
(d) obtain the following consumables and/or services when needed at
the Licensor's expense, using the Licensor's supply contracts as directed,
and provide to the Licensor by each Wednesday the list of said
consumables and/or services procured the prior week and the
corresponding costs incurred by the Licensee for reimbursement purposes:
i) ice resurfacer blade sharpening; and
ii) propane for ice resurfacer;
(e) obtain at the Licensee's expense any additional consumables
and/or services not listed in Article I I(d) including cleaning supplies and
equipment; and
(f) seek and obtain the Licensor's approval prior to fixing objects to
the Premises.
12. The Licensor shall:
(a) install the ice required for the License prior to the commencement
of the Term;
(b) carry out an orientation for the Premises prior to the
commencement of the Term;
(c) pay for utilities; and
(d) act in a reasonable manner to complete repairs, including engaging
third -party contractors, as necessary and when informed by the Licensee.
(e) Provide on sight facility orientation to Licensee staff on June 16th,
2022. This is to include a walk though of the facility, reviewing safety
procedures and material, ice maintenance requirements and equipment
review.
13. The Licensor may complete an inspection of the Premises and the forms
that the Licensee is required to complete pursuant to Article 3 (a) and
I I(a) at any time. The Licensor will retain the right to oversight of the
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arena operations and maintenance, and any deficiencies that may be
identified in safety, stand operation practices must be rectified by the
Licensee at the Licensors request
14. Notwithstanding anything to the contrary contained herein, the Licensor
shall not be liable for any delays or failures in performance resulting from acts
beyond its reasonable control including, without limitation, acts of God, terrorist
acts, shortage of supply, breakdowns or malfunctions, interruptions or
malfunction of facilities, labour difficulties (including any event of strike or
lockout arising in the context of the Licensor's workplace), pandemic, war, or
civil unrest.
15. The Licensee may request the Licensor to immediately stop accepting
payments on this License should COVID-19 restrictions require the prohibition of
the Licensee's activities in the Premises. The Licensor may recover reasonable
consequential costs, if any, from the Licensee such as removal of the ice, up to a
maximum of Five Thousand Dollars ($5000.00). The Licensee agrees to
reimburse the Licensor within fifteen (15) business days of the issuance of written
notice by the Licensor to the Licensee itemizing such costs.
16. If the Licensee chooses to invoke Article 14 and the Licensor complies
with a request made thereunder, the remainder of the License shall be considered
cancelled. Payments described in Article 2(b) shall be corrected to reflect the
period of use of the Premises prior to said COVID-19 restrictions preventing the
Licensee's activities on a prorated basis taking into account any costs the Licensor
calculates as having arisen from such cancellation_
17. The Licensor, in its sole discretion, reserves the right to terminate this
License without penalty and with immediate effect and shall refund to the
Licensee a prorated portion of the License Fee for that portion of the License
Period that has been paid by the Licensee but not used.
IN WITNESS WHEREOF the parties hereto have set their corporate seals
duly attested by the signatures of their properly authorized officers respectively
the day and year first above written.
SIGNED, SEALED & DELIVERED) THE CITY OF SAINT JOHN
In witness thereof )
Donna Noade Reardon, Mayor
Jonathan Taylor, City Clerk
Common Council Resolution:
.2022.
BOARD OF TRUSTEES OF THE
LORD BEAVERBROOK RINK
IN SAINT JOHN, INC.
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Per:
President
221
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, , of the
Province of New Brunswick, MAKE OATH AND SAY:
and
1. THAT I am the of Board of Trustees of the Lord
Beaverbrook Rink in Saint John, Inc., the Licensee named in the foregoing
instrument and have custody of the corporate seal of the said company and am
duly authorized to make this affidavit.
2. THAT the seal affixed to the foregoing License and purporting to be the
corporate seal of Board of Trustees of the Lord Beaverbrook Rink in Saint John,
Inc., is the corporate seal of the said Board of Trustees of the Lord Beaverbrook
Rink in Saint John, Inc., the Licensee named in the foregoing instrument, and it
was affixed by the officer authorized to so affix the seal.
3. THAT the signature,
instrument is my signature and as
execute the said instrument.
4.
subscribed to the said
I am duly authorized to
THAT the said document was executed as aforesaid at the
in the Province of New Brunswick on the day of
June , 2022.
SWORN TO before me at the
in the Province of
of New Brunswick this day
of June, 2022.
Commissioner of Oaths
Being a Solicitor
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f
M&C No.
2022-168
Report Date
May 11, 2022
Meeting Date
May 16, 2022
Service Area
Corporate Services
SUBJECT: Termination of Lease — 450 Falls View Drive
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
The City of Saint John entered a Lease with Connections Bistro Inc. dated February
28, 2018, for a one year term for the premises located at 450 Falls View Drive. The
purpose of this report is to seek authority for the City to formally terminate the
tenancy.
COUNCIL RESOLUTION
That the City formally terminate the Lease between The City of Saint John and
Connections Bistro Inc. dated February 28, 2018 and that the Mayor and Clerk be
authorized to execute the necessary documents to effect the termination.