2017-04-18_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Tuesday, April 18, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser I'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of March 27, 2017 1 - 4
2.2 Minutes of April 3, 2017 5-10
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John District Labour Council re Day of Mouming (Recommendation: 11 - 12
Receive for Information)
5.2 J. Wickens - Tucker Park (Recommendation: Receive for Information) 13-13
5.3 Sackville Memorial Hospital Foundation - The 2017 Give Our Surgeons Inside 14-15
Information Campaign (Recommendation: Receive for Information)
5.4 NB Youth Orchestra - Letter of Thanks for Support of Sistema New Brunswick 16-16
Saint John (Recommendation: Receive for Information)
5.5 New Logger Recorder for the Public Safety Communications Centre 17-20
(Recommendation in Report)
5.6 Network Communication Services for the City of Saint John (Recommendation in 21-26
Report)
1 Poeta By: (L
5.7 Saint John Police Force 2016 Operating Budget - December Year End 27-40
(Unaudited) Financial Results (Recommendation: Receive for Information)
5.8 Fundy Regional Service Commission - Audited Financial Statements for the 41-67
Year Ended 31 December 2016 (Recommendation: Receive for Information)
5.9
BeaverTails Mobile -Unit Licence Agreement (Recommendation in Report)
68-74
5.10
Stop -Up and Closure and Subsequent Grant of Easement for Portion of Grannan
75-81
Street (Recommendation in Report)
5.11
2017-463001 P Sewage Pump Replacement (Recommendation in Report)
82-84
5.12
C. Kilpatrick - Growth Committee report (Recommendation: Receive for
85-86
Information)
5.13
Central Peninsula Neighbourhood Plan Digital Engagement Contract
87-97
(Recommendation in Report)
5.14
M. Cote - Acadian Games 2020 Memorandum of Understanding
98-108
(Recommendation: Refer to City Manager)
5.15
D. Walton Request to Block off Street for Canada 150 Celebration
109-113
(Recommendation: Refer to City Manager)
5.16
Stop -Up and Closure and Subsequent Sale for Portion of Clovelly Drive
114-119
(Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Public Rail Safety Week - April 24 to 30, 2017 120-120
7.2 Human Values Day - April 24, 2017 121 - 122
7.3 Day of Mourning in Recognition of Workers Killed, Injured or Disabled - April 28, 123-124
2017
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
10. Consideration of By-laws
10.1 Proposed Municipal Plan Amendment - 180 Cosy Lake Road 125-134
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 287 Tower Street 135-155
P►
K3
PID # 364513
12.2
Temporary Removal of the McLean Street Barricades
156-162
12.3
Project Performance Update - Safe, Clean Drinldng Water Project
163-207
12.4
City of Saint John Asset Management Roadmap
208-224
12.5
Community Awareness Emergency Response (CAER) Partner Program
225-240
12.6
Committee Structure
241
-244
12.7
City of Saint John Transportation Strategic Plan Phase 2 Consulting and
245-251
Engineering Services — Follow Up
12.8
2017 Asphalt Pavements Work
252-258
12.9
Contract No. 2017-13 Asphalt Resurfacing 2017
259-261
13. Committee
Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1
Carol Teel Request to Address Council regarding Jelly Bean Buildings
262-262
15.2
Citizen Petition - Jelly Bean Buildings
263-267
15.3
Citizen Letters - Jelly Bean Buildings
15.3.1 Dee Stubbs -Lee
268-268
15.3.2 Carrol Teel
269-269
15.3.3 Christine Gilliland
270-271
15.3.4 Melissa Osborne
272-274
15.3.5 John Haddon
275-290
15.3.6 John Neville
291
-291
15.3.7 Lori Seymour
292-293
15.3.8 Jonathan Northup
294-294
15.3.9 Andreas Holmes
295-303
15.3.10 Christopher Osborne
304-306
K3
15.3.11 Monique Gionet
15.3.12 Megan Mainwaring
15.3.13 Joshua Thomson
15.4 J. Bezanson - Offer to Purchase Remaining Jelly Bean Buildings
16. Supplemental Agenda
17. Committee of the Whole
18. Adjournment
EI
307-307
308-309
310-310
311 -330
Ville de Saint John
Seance du conseil communal
Mardi 18 avril 2017
18 h, Salle du conseil
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une s6ance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit& ou en partie, peut faire 1'objet d'une discussion en
priv& en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le
conseil/comit& prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique
16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville
1 Approbation du proc&s-verbal — paragraphe 10.2(4)
2 Question financi&re — alin&a 10.2(4)c)
3 Question financiere — alin&a 10.2(4)c)
4 N&gociations — alin&a 10.2(4)c)
5 Avis juridique — alin&a 10.2(4)j)
6 Question relative au personnel — alin&a 10.2(4)j)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proc&s-verbal du 27 mars 2017
2.2 Proces-verbal du 3 avri12017
3. Adoption de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Conseil du travail du district de Saint John concernant le Jour de deuil
(recommandation : accept& a titre informatif)
5.2 J. Wickens — pare Tucker (recommandation : accept& a titre informatif)
5.3 Sackville Memorial Hospital Foundation — La campagne Donner a nos
chirurgiens la possibilit& de voir a l'int&rieur 2017 (recommandation
accept& a titre informatif)
5.4 Orchestre des jeunes du Nouveau -Brunswick — Lettre de remerciement
pour Faide a Sistema Nouveau -Brunswick, Saint John (recommandation
accept& a titre informatif)
5.5 Un nouvel enregistreur chronologique pour le Centre des communications
de la s&curit& publique (recommandation figurant au rapport)
5.6 Services de transmission par r6seau pour la Ville de Saint John
(recommandation figurant au rapport)
5.7 Budget de fonctionnement 2016 du Service de police de Saint John —
Bilan financier de d6cembre/fin d' ann&e (non v&rife&) (recommandation
accept& a titre informatif)
5.8 Etats financiers v&rife&s de la Commission de services r6gionaux de Fundy
pour 1'exercice financier termin& le 31 d6cembre 2016 (recommandation
accept& a titre informatif)
5.9 Contrat de licence avec l'unit& mobile de BeaverTails (recommandation
figurant au rapport)
5.10 Fermeture et barrage, et octroi de servitude subs&quente d'un tron�on de la
rue Grannan (recommandation figurant au rapport)
5.11 2017-463001P Remplacement de la pompe pour rel&vement d'eaux us&es
(recommandation figurant au rapport)
5.12 C. Kilpatrick — Rapport du Comit& de croissance (recommandation
accept& a titre informatif)
5.13 Contrat d' engagement num&rique relatif au plan de voisinage de la
p6ninsule centrale (recommandation figurant au rapport)
5.14 M. Cote — Protocole d'entente concernant les Jeux de 1'Acadie 2020
(recommandation : transmettre au directeur general)
5.15 Demande de fermeture de rue pour les c616brations du 150' anniversaire
du Canada pr&sent&e par D. Walton (recommandation : transmettre au
directeur g&n&ral)
5.16 Fermeture et barrage, et vente subs&quente d'un tron�on de la
promenade Clovelly (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Semaine de la s&curit& ferroviaire — du 24 au 30 avril 2017
7.2 Journ&e des valeurs humaines — 24 avri12017
7,3 Jour de deuil a la m6moire des travailleurs et travailleuses tu&s, bless6s, ou
devenus invalides au travail — 28 avri12017
8. D616gations et pr6sentations
9. Audiences publiques —18 It 30
10. Etude des arret6s municipaux
10.1 Projet de modification du plan d'am&nagement — 180, chemin Cosy Lake
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 D&molition du batiment vacant, d&labr& et dangereux situ& au
287, rue Tower (NID 364513)
12.2 Enl&vement temporaire des barri&res de la rue McLean
12.3 Point sur le rendement du projet Eau potable saine et propre
12.4 Feuille de route sur la gestion des actifs de la Ville de Saint John
12.5 Programme d'intervention d'urgence et de sensibilisation de la collectivit&
12.6 Structure du comit&
12.7 Services d' experts-conseils et d'ing&nierie concernant la phase 2 du plan
strat&gigue en mati&re de transport de la Ville de Saint John — Suivi
12.8 Travaux relatifs au revetement asphaltique pour 2017
12.9 Contrat ri 2017-13 : Resurfa�age d'asphalte pour 2017
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
15.1 Demande de Carol Teel pour s'adresser au Conseil concernant les maisons
jelly -beans »
15.2 Ntition de citoyens — Maisons « jelly -beans »
15.3 Lettres de citoyens — Maisons « jelly -beans »
15.3.1 Dee Stubbs -Lee
15.3.2 Carol Teel
15.3.3 Christine Gilliland
15.3.4 Melissa Osborne
15.3.5 John Haddon
15.3.6 John Neville
15.3.7 Lori Seymour
15.3.8 Jonathan Northup
15.3.9 Andreas Holmes
15.3. 10 Christopher Osborne
15.3.11 Monique Gionet
15.3.12 Megan Mainwaring
15.3.13 Joshua Thomson
15.4 J. Bezanson — Offre d'achat des maisons restantes « jelly -beans »
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
18. Lev& de la s6ance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MARCH 27, 2017 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor D. Darling
Deputy Mayor S. McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Sean Casey
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 Ray Strowbridge
Absent: Councillor Ward 4 David Merrithew
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Growth and Community Development J. Hamilton
Commissioner Finance and Administrative Services K. Fudge
Commissioner Saint John Water B. McGovern
Solicitor S. Brittain
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the agenda of this meeting be approved with the addition of
items 17.1 Agreement of Purchase and Sale Synagogue and Peel Plaza Project
House; and 17.2 The City of Saint John's Roadmap for Smart Growth.
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6. Members Comments
Council members commented on various community events.
7. Proclamations
8. Delegations/Presentations
9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Third Reading Weight Restrictions By -Law Amendment and Agreement
Referring to questions Tim O'Reilly commented on the spring weight restrictions
and the reasonableness clause.
The solicitor commented on the legal interpretation of the reasonableness term.
The City Manager commented on the time sensitivity of the agreement and
reassured Council that a pre and post assessment on any incident would be
carried out by the city staff.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a
By -Law Respecting Weight Restrictions within The City of Saint John enacted
under the Authority of Section 262(1) of the Motor Vehicle Act", amending
Schedule A Connection Routes, be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law
Respecting Weight Restrictions within The City of Saint John enacted under the
Authority of Section 262(1) of the Motor Vehicle Act", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a
By -Law Respecting Weight Restrictions within The City of Saint John enacted
under the Authority of Section 262(1) of the Motor Vehicle Act", amending
Schedule A Connection Routes, 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 MV -17 A Law to
Amend a By -Law Respecting Weight Restrictions within The City of Saint John
enacted under the Authority of Section 262(1) of the Motor Vehicle Act".
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the City Manager in the submitted report
M&C2017-76: Follow Up: Weight Restrictions By -Law Amendment and
Agreement, Common Council endorse the submitted agreement with J.D. Irving
Limited and authorize the Mayor and Common Clerk to execute the required
documentation
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 Long Term Disability Group Insurance Coverage for Unionized Employees
of the City of Saint John (the "City") and the Saint John Police Commission (the
"SJ PC"
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-079: Long Term Disability Group Insurance Coverage for Unionized
Employees of the City of Saint John (the "City") and the Saint John Police
Commission (the "SJPC"), Common Council adopt the following:
RESOLVED that Manulife Financial be awarded the Request for Proposals to
provide LTD coverage for the unionized employees of The City of Saint John and
the Saint John Police Commission, effective May 1, 2017.
BE IT FURTHER RESOLVED that the Group Benefits Policy for Long Term Disability
benefits between the City and Manulife Financial that will be prepared by
Manulife Financial as a result of the awarding of this Request for Proposals to
Manulife Financial shall be subject to the future approval of Common Council and
shall be reflective of the current plan design and corresponding table of benefits,
which took effect on January 1St, 2015 for the unionized employees of The City of
Saint John and the Saint John Police Commission.
BE IT FURTHER RESOLVED that Great West Life, the current LTD coverage
provider, be formally notified that it shall, as of the end of the day on April 30tH
2017, cease being the LTD coverage provider for the unionized employees of The
City of Saint John and the Saint John Police Commission.
MOTION CARRIED.
13. Committee Reports
13.1 Draft Roadmap for Smart Growth
Referring to the submitted report entitled Draft Roadmap forSmart Growth, P.
Ouellette Deputy Commissioner of Growth addressed the Growth Roadmap
component parts:
• 3 key outcomes
• 6 strategies
• 45 specific actions
based on three pillars: population growth, employment growth, tax -base growth.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the City Manager in the submitted report
DRAFT Roadmap for Smart Growth, Common Council:
1. Adopt the Roadmap for Smart Growth;
2. Direct the City Manager to coordinate a public roll-out of the Roadmap for
Smart Growth with the media, key partners and stakeholders upon
adoption.
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.1 Agreement of Purchase and Sale Synagogue and Peel Plaza Project House
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that as recommended by the Committee of the Whole having met on
March 27th, 2017 Common Council adopts the following resolution:
1. Common Council agrees to enter into the Agreements of Purchase and
Sale for Properties identified at 50 Carleton Street (PID #s 37515, 37762
and 37507 and 76 Carleton Street (PID# 37549) under the terms and
conditions as set out in the Agreements attached hereto M&C 2017-75;
and, further
2. The Mayor and Common Clerk be authorized to execute said Agreements
attached hereto M&C 2017-75 and any other document required to effect
the transfers.
MOTION CARRIED.
17.2 Growth Roadmap Document
P. Ouellette advised of the media briefing tomorrow, Tuesday March 28th to be
held in the City Hall 8th floor boardroom at 2:00 p.m. where documentation and
discussion on the Growth Roadmap will be made available.
18. Adjournment
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on March 27, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 6:52 p.m.
Mayor/ maire
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
APRIL 3, 2017 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Sean Casey
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Absent: Mayor Don Darling
Also
Present: City Manager J. Trail
Solicitor J. Nugent
Deputy City Manager N. Jacobsen
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Growth and Community Development J. Hamilton
Commissioner Finance and Administrative Services K. Fudge
Commissioner Saint John Water B. McGovern
Police Chief J. Bates
Fire Chief K. Clifford
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
The Deputy Mayor called the meeting to order.
The Deputy Mayor presented the bronze Duke of Edinburgh Awards to the five
recipients of 527 Simonds Squadron Royal Canadian Air Cadets: Flight Sergeant
Ethan Wilson, Sergeant Devin Debly, Sergeant Adam Hargrove, Sergeant Devon
Richard and Flight Corporal Megan Costain.
2. Approval of Minutes
2.1 Minutes of March 20. 2017
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the agenda of this meeting, with the addition of item 17.1
Settlement Agreement Employee No. 9372, be approved.
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4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That David MacDonald is hereby designated and authorized to lay
informations in the Provincial Court of the Province of New Brunswick for breach
of the Saint John Parking Meter By -Law and the Saint John Traffic By -Law; and
further that this authorization shall continue until such time as the appointee
ceases to be a member of the Canadian Corps of Commissionaires or until the
authorization is rescinded by Common Council, whichever comes first.
5.2 That the Letter S. Stashick: Support for MoveSJ be received for
information.
5.3 That the Letter from C & M Osborne: Demolition of Jelly Bean Houses on
Wellington Row be received for information.
5.4 That the Citizen Petition: Historic Jelly Bean Houses be received for
information.
5.5 That the letter from the Town of Rothesay: Municipal Support to establish
a Foreign Trade Zone (FTZ) in Greater Saint John be received for information.
5.6 That the Hearts of Healthcare Team: Request for Sponsorship be received
for information.
5.7 That the letter from FCM regarding a Legal Defense Fund be referred to
the City Manager.
5.8 That as recommended by the City Manager in the submitted report M&C
2017-073: Contract No. 2017-08: Clyde Street — Sanitary Sewer Installation, the
contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the
tendered price of $152,820.05 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
5.9 That as recommended by the City Manager in the submitted report M&C
2017-081: Agreement with J.D. Irving, Limited — Fence Construction on a
Municipal Services Easement (PID #55151245), The City of Saint John enter into
an Agreement with J.D. Irving, Limited for the purpose of constructing a fence on
an existing municipal services easement on PID # 55151245 upon the terms and
conditions set out in the Agreement document attached to M&C 2017-81; and
That the Mavor and Common Clerk be authorized to execute all reauired
i
Model Development, the proposal from CBCL Limited for engineering services for
the West Side Sanitary Sewer and Storm Water Model Development project in
the amount of $663,895 including HST be accepted and that the Mayor and
Common Clerk be authorized to execute the appropriate documentation in that
regard.
5.11 Refer to 14.1 Proposed Public Hearing Date — 307 Westmorland Road
and 126-132 Station Street and 39 Sewell Street
5.12 That the submitted report M&C2017-072: Public information Session:
Currie Avenue — Water, Sanitary, Storm and Street Reconstruction, be received for
information.
5.13 That the submitted report M&C2017-077: Public information Session:
Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street
Reconstruction, be received for information.
5.14 That as recommended by the City Manager in the submitted report
M&C 2017-074: Contract No. 2017-09: Fallsview Drive — Water Service Extension,
the contract be awarded to the low Tenderer, Midi Construction Ltd., at the
tendered price of $265,592.50 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that the recommendation set out for each consent agenda item
respectively, with the exception of item 5.11 Proposed Public Hearing Date — 307
Westmorland Road and 126-132 Station Street and 39 Sewell Street, which has
been identified for discussion, be adopted.
MOTION CARRIED.
6. Members Comments
Council members commented on various community events.
7. Proclamations
7.1 Canadian Oncology Nursing Day—April 4, 2017
The Deputy Mayor proclaimed April 4, 2017 as Canadian Oncology Nursing Day in
the City of Saint John.
8. Delegations/Presentations
9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Supplementary Report: Proposed Amendments to the Saint John Heritage
Conservation Areas ByLaw (3rd Reading)
Moved by Councillor Merrithew, seconded by Councillor Sullivan:
MOTION CARRIED.
The bylaw entitled, "By -Law Number HC -1 A Law to Amend the Saint John
Heritage Conservation Areas By -Law", was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number HC -1 A Law to Amend the
Saint John Heritage Conservation Areas By -Law", amending several sections of
the Heritage bylaw to provide clarity and efficiency, be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the bylaw entitled, "By -Law Number HC -1 A Law to
Amend the Saint John Heritage Conservation Areas By -Law".
11. Submissions by Council Members
11.1 Video of Open Council and Committee Meetings
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that item 11.1 Video of Open Council and Committee Meetings be
referred to the City Manager for a report.
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12. Business Matters - Municipal Officers
12.1 Zoning By -Law Text Amendments related to Medical Marijuana Production
Facilities
Moved by Councillor Strowbridge, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-085: Zoning By -Law Text Amendments related to Medical Marijuana
Production Facilities, Common Council:
• Refer the proposed text amendment to the Zoning By-law to permit Medical
Marijuana Production Facilities to the Planning Advisory Committee for a
report and recommendation and set a Public Hearing date of May 1, 2016.
• Direct Growth and Community Staff to report back to Common Council
regarding the proposed Federal Legislation and its implications for the Zoning
By-law.
MOTION CARRIED.
12.2 2017 Roadway Construction Projects
Referring to the submitted report entitled 2017 Roadway Construction Projects,
Commissioner Hugenholtz emphasized that there would be a considerable
number of road closures in the near future throughout the city. Major traffic
disruptions are expected and the public is encouraged to plan alternate travel
routes in the affected areas. Communication to the public with onsite signage,
barricades along Westmorland Road and evening work to mitigate traffic impacts.
Most work will be conducted during the day. Working in the evening has citizen
impacts, such as noise. Information will be made available to the community.
Responding to a question the Commissioner of Transportation outlined the
Paving Condition Index (PCI) index and the construction severity for remedial
intervention.
Pothole patching and smaller maintenance work will be carried out in addition to
the details in the submitted construction report.
Moved by Councillor Armstrong, seconded by Councillor MacKenzie:
RESOLVED that the submitted report M&C2017-086: 2017 Roadway Construction
Projects, common Council, be received for information.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
14.1 Proposed Public Hearing Date — 307 Westmorland Road and 126-132
Station Street and 39 Sewell Street
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that Common Council schedule the public hearing for the rezoning
application of Krista McDevitt (307 Westmorland Road) for Monday, May 1, 2017
at 6:30 p.m. in the Council Chamber, and refer the application to the Planning
Advisory Committee for a report and recommendation.
MOTION CARRIED.
15. General Correspondence
15.1 Portage Atlantic Treatment Center - Request to Present
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the letter from G. Gould re Portage Atlantic Treatment Centre
request to present be referred to the Common Clerk for scheduling.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Settlement Recommendation Employee No. 9372
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on
April 3, 2017, Common Council authorizes a payment of $67,500.00 be made to a
former employee of the City, previously identified by Employee No. 9372, as a full
and final settlement of the izrievance challeniziniz. inter alia. the termination of
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18. Adjournment
Moved by Councillor Armstrong, seconded by Councillor MacKenzie:
RESOLVED that the meeting of Common Council held on April 3, 2017 be
adjourned.
MOTION CARRIED.
The Deputy Mayor declared the meeting adjourned at 6:45 p.m.
Mayor/ maire
Common Clerk/ greffier communal
APR 11 2(07
April 4, 2017
His Worship Donald Darling &
Members of Common Council
City Hall
Saint John, N.B.
Dear Mayor Darling & Members of Common Council:
The Saint John District Labour Council and the Saint John Building Trades are again in
the process of organizing the April 281h "Day of Mourning" ceremony.
Enclosed is a Proclamation that we respectfully request the Saint John City Council to
endorse. We would suggest that the proclamation be read at the Council meeting that is
held just prior to April 281h.
This year April 281h falls on a Friday and the ceremony will be held at 12 noon on that
day. We invite all members of Council to attend the ceremony, which will be held at the
April 28"' "Day of Mourning" monument, outside the W.F. Hatheway Pavilion,
The keynote speaker at this year's ceremony will be the president of the Canadian Labour
Congress, Hassan Yussuff.
Also, enclosed is a brief history on the April 28th "Day of Mourning,"
Thank you in advance for your anticipated positive response to this request.
Yours truly,
Iris Lloyd
President of the Saint John District Labour Council
11
The
Gr M P o Aprilas the 1 f Day t, Mourning.j
At the 1984 Convention of the Canadian Labour Congress a resolution was adopted
declaring April 28th as a "National Day of Mourning" to honour those workers in Canada
who have been killed, injured or disabled on the job, or who suffer from occupational
diseases. April 28th was chosen because on that day in 1914 Ontario proclaimed the first
comprehensive Workers Compensation Act in. Canada.
The idea caught on as labour organizations around the world adopted April 28th as a
"Day of Mourning." 'Today more than 100 countries recognize April 28th, although many
refer to it as "Workers Memorial Day." The day is acknowledged by the International
Labour Organization, the International Confederation of Free Trade Unions and the
American Federation of Labour.
The Canadian labour movement lobbied for legislation to identify April 28th as a
":National Day of Mourning." Their efforts were rewarded in February 1991, when the
Federal Parliament passed the "Workers Mourning Day Act" (Bill C-223). In 2000, the
New Brunswick legislature passed similar legislation. Both of these Acts recognize April
28th as a day of national observance.
Since the adoption of April 281h as a Day of Mourning, "April 28" Day of Mourning
Monuments" have become some of the most prominent "Labour Landmarks" in Canada.
New Brunswick currently has seven such monuments. They are located in; Atholville,
Bathurst, Edmundston, Miramichi, Moncton, Saint John and Shippagan.
On April 28th the Canadian flag on Parliament Hill will fly at half-mast. Workers will
light candles, don ribbons and black armbands. Wreaths are laid at the foot of the
monuments and a moment of silence is observed. Businesses and politicians are asked to
participate and to do their utmost to prevent workplace deaths, injuries and illnesses.
The April 28th Monuments are often inscribed with the words "Fight for the Living,
Mourn for the Dead" It is a day to honour the dead, but also a day that reminds us of the
need to protect the living.
12
Tibbits,
From:
Sent:
To:
Subject:
From: Joe W
Sent: March -30-17 6:14 PM
To: External - CommonClerk
Subject: Tucker Park
To whom it may concern,
Taylor, Jonathan on behalf of External e CommonClerk
March -31-17 10:59 AM
Tibbits, Kelly
FW: Tucker Park
Please leave the green areas of Tucker park and Rockwood Park undeveloped.
I, and others, are against this idea. We feel the short term benefits would not outweigh the long term good these
spaces provide to the citizens of this city.
Thank you
Joe Wickens
113
sackvlRe Nloilinoilial
F0 U N DAY" 1 119
March 28, 2017
City Hall - Common Clerk's Office
8 th Floor - 15 Market Square PO Box 1971
Saint John, NB ER 41 I
Dear Friends,
For decades, the Sackville Memorial Hospital (SMH) and its exceptional care team
have been saving lives, healing the sick and bringing comfort and hope to patients
and families in their time of need ... right here at home. The 2017 Give our
Surgeons Inside Information Campaign has an ambitious $100,000 fundraising
goal which will enhance surgical and emergency cardiac care at our hospital.
0
FEME=
We never know when one of our family members, friends, neighbours or even
ourselves will need medical care at SMH. No matter what the medical challenge,
we all want the most advanced equipment, treatment and healthcare
environment.
O'er the list to purchase this year is a portable Mini C-arm X-ray device for the Day
Surgery Program. The SMH is renowned for its outstanding Day Surgery Program
offering over 40 different types of Orthopedic, Plastic, Urology and General
surgeries. In fact, over 920 surgeries were performed at our facility last year
alone. This technology, which carries a price tag of $85,000, will expand and
enhance the hospital's surgical capabilities by offering a host of plastic and
orthopedic surgeries not currently being done. This
low -radiation, high-resolution technology renders
exceptionally detailed X-rays allowing surgeons to
safely and accurately operate on bones and joints, as
well as visualize hardware (plates and screws) for
placement or removal. The portable Mini C-arm can be
used in a wide range of foot, ankle and hand surgical
procedures including identifying fractures,
dislocations, repairing joint deformity (toe fusions),
bunion removal, and straightening and securing
broken bones to facilitate healing.
/2
Main Steet, Brun-,Wck, F4IA'�
lrel506.364A,100 - F:.x 506-15-36AP8"' - EmAL
Dr., Jayson Dool, Plastic Surgeon, is delighted that patients needing certain hand,
wrist, foot or ankle surgeries will soon have the option to come to Sackville. "This
acquisition is a benefit for the patients (flexibility and decreased wait times),
hospital, and for our orthopedic and plastic surgeons, " says Dr. Dool.
There is more.
A lifesaving device offering optimal cardiac emergency care is urgently required
for the Brunswick West Unit (21 -bed inpatient unit). It is critical to have a modern
defibrillator ready and close by when needed by our medical team. A new
defibrillator, at a cost of $25,000, will replace the one currently being used which
is reaching the end of its reliability. This device features innovative technology
used to treat a person when their heart stops beating properly, delivering an
electric shock to stimulate the heart to get it pumping effectively again. It also
works as an external pacemaker as well as allows staff to monitor crucial
information such as cardiac rhythms and vital signs. Having a designated
defibrillator in the Brunswick West Unit saves the response team precious time,
minutes that could save a life, without having to use one from another area of the
hospital.
Over $100,000 will be invested to improve patient care at our hospital. We
urge you to support the institution that has always stood by you in your family's
hour of need.
It is with the utmost thanks to you for your previous and future commitment to
the Sackville Memorial Hospital. Your generosity ensures our hospital remains
vibrant and that our patients continue to receive quality care.
Yours in healthcare,
{� '
R/�L- s
Pat Estabrooks
Campaign Chair
PS Together, we can provide our medical professionals the tools they need to
improve and save lives. Please help to make this possible for you, your loved ones,
and for every person in the community by making your contribution today.
Our Hospital. Our Health Care.
/2
15
1410P CmN
Youth o�=` |
|
March 31,2O17
Mayor Don Darling
The City mf5aintJohn
POBox 1971
Saint John, NB E21- 4L.1
Dear Mayor Darling,
New Brunswick ===tre==�m=
WW
I am writing to thank the City of Saint John for its support of Sisterna New Brunswick
Saint John. Your commitment injoinioguotuorchestrate change for children and fonniHesin
Saint John, NevvBrumsm/ickiaogreatexample ofhow vvecan work together todomore for the
future ofour children and our communities. Thank you for the 2016-17grant of$1D,00O.
Asyou know, SistenoaN8isgrowing. With the strong leadership and dedication ofthe
New Brunswick Youth Orchestra amd the support ofour many partners and donors, Sistoma NB
now serves over 800 children daily in 8 centres: Moncton, Saint John, Rich|buctm, Tqbique First
Nation, Edrmundston, Miranmichi, Hillsborough and Bsipugtog First Nation. 3isterma NB is
producing evidence ofprofound' and positive benefits for kids across the province.
]nSaint John, our program is helping many families living below the line ofpoverty, The
results in Saint John this past year have been the best ever including 16 professional teaching
artists mmthe staff team serving roughly 288children, ages 6to12years old, from 6designated
schools in the City identified as having the greatest socio-economic need. With your partnership,
wveare providing important social, cultural and economic benefits inthe community,
Thank you, again. Your support is much needed and greatly appreciated,
It is our firm belief that for those mfuswho want tosee children gain the skills they need
to be mature, happy and contributing adufts; this is the best investment we can make.
Sincerely,
Ken MacLeod
President/CEO
COUNCIL REPORT
M&C No.
2017-088
Report Date
April 05, 2017
Meeting Date
April 18, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: New Logger Recorder for the Public Safety Communications Centre
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Brian Woods / Lois
Gorman
Stephanie Rackley -Roach /
Neil Jacobsen
Jeff Trail
RECOMMENDATION
It is recommended that Common Council approve and authorize City staff to
purchase a NICE NRX Analog Logger, software licenses, and related installation
services from Bell Mobility in the amount $152,174 + HST.
EXECUTIVE SUMMARY
The New Brunswick Emergency 911 Act and related standards clearly set out
requirements for managing and operating a public safety answering point
(PSAP). These provisions relate to recording and storing calls for quality
assurance, public safety operations and as evidence that may be used in
investigations and/or court proceedings.
Equipment to record all incoming and outgoing communications for the Saint
John Public Safety Communications Centre (PSCC) is now obsolete and has
experienced service interruptions. In the event the City cannot meet the
requirements set out for PSAPS, 911 must be rerouted to the back-up PSAP. A
requirement to reroute has an impact on public safety operations. Therefore,
replacement of the existing recording system (Analog Logger Recorder) is
required to ensure that the City's PSCC is compliant with regulated standards.
The evaluation of requirements for an analog logger recorder has been
completed as part of the Trunk Radio Project (2017 Capital Program) that will
ensure interoperable communication between agencies across the province.
The NICE NRX Analog Logger recommended for purchase is compatible with the
trunk radio system that will be implemented.
17
-2 -
PREVIOUS RESOLUTION
1►•Lem
STRATEGIC ALIGNMENT
A key component of Council's Vibrant, Safe City priority is the delivery of
efficient public safety services. The City's PSCC is integral to these services. A
reliable and robust recording system is a necessary requirement to ensure the
City's PSCC is compliant with relevant regulations and can effectively support
public safety operations.
BACKGROUND INFORMATION
The City's Public Safety Communications Centre (PSCC) is responsible for
answering 9-1-1 (emergency) and non -emergency calls for south western New
Brunswick. It also dispatches for two police forces and seven fire services.
Communication is a key part of operations.
Section 4(2(b)) of the New Brunswick Emergency 911 Act requires that any PSAP,
including the City's PSCC, satisfies provisions respecting "any arrangement,
function, procedure, protocol, service or standard considered necessary for the
purposes of the effective operation of the NB 911 service". Specific provisions
are detailed in policies of the NB 911 Operating Procedures Directive:
• Policy D4: The PSAP (PSCC) shall record all 9-1-1 calls, store related data,
and be prepared to produce a duplicate recording and associated data of
specific calls.
• Policy F1: The NB 9-1-1 Bureau, ESPs and PSAPS shall maintain all records
related to 9-1-1 calls which may need to be accessed for investigation
purposes.
The logger recorder system provides a means to record, review, and report the
data required as part of NB 911 Operating Procedures. The existing logger
recorder in the City's PSCC has reached it useful life and on occasion has failed,
requiring operations to be rerouted to another PSAP.
When PSCC operations must be rerouted, there is an impact on public safety
services. Firstly, we would not be answering 9-1-1 calls in our area. Secondly,
any communication after the transfer from the back-up PSAP would not be
recorded (e.g., interaction between the operator and caller and radio
communications). Maintenance has also become challenging due to
discontinued parts, lack of technical expertise, and the aging equipment. To
ensure PSCC continues to have a compliant, reliable recording system for
iF:3
-3 -
investigative purposes and judicial proceedings, the purchase and installation of
a new analog logger recorder is recommended.
In short, a reliable Logger Recorder is required:
• To satisfy the New Brunswick 911 Act and related policies of the NB 911
Operating Procedures Directive.
• For criminal investigations where audio recordings are a key piece of
evidence provided by PSCC.
• For civil proceedings where audio recordings may be a key piece of
evidence where the performance of PSCC, Police or Fire is challenged.
• On a daily basis for operators to utilize "instant playback", a feature of
the logger recorder, allowing the operator to playback an audio recording
as required.
• To ensure call review is completed on a daily basis for quality assurance
by utilizing the recordings.
The Province of New Brunswick launched a new mobile radio communication
system in late 2016 that will improve communications among first responders
and other users. All municipalities in the province are working to implement this
technology including the City of Saint John. Funds for the City's Trunk Radio
Project have been approved in the 2017 capital budget.
As part of the City's Trunk Radio Project, requirements for the PSCC's recording
system were identified given the integration between the recording and mobile
radio systems. The NICE NRX Analog Logger recommended for purchase is
compatible with the new trunk radio system being introduced Province wide.
SERVICE AND FINANCIAL OUTCOMES
The NICE NRX Analog Logger is the only logger recorder system certified and
supported to function with both the current telephony system and radio
communications, and future systems. Further, Bell Mobility is the only
authorized reseller and installation vendor. As per Section 5.11 in the City of
Saint John's Procurement Policy, the City can sole source the logger recorder if it
meets the requirements of the sole -source provision. Based on compatibility
and vendor considerations, the purchase of the logger recorder meets the sole
source provisions.
Through negotiations with the vendor, a total cost for the purchase of the NICE
NRX Analog Logger is $152,174 + HST. This cost includes configuration,
installation, testing, and staff training. The funds for the logger records are
included in the City of Saint John's 2017 Capital Budget.
M
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Saint John Police Force, PSCC, and Saint John Fire Service have been engaged
in developing requirements for the purchase of Analog Logger Recorder. The
ability to record and preserve communications is a requirement for their
respective operations. These requirements were considered in obtaining the
quote for the equipment and related services from Bell Mobility for the NICE
NRX Analog Logger.
The requirements and recommendation for the purchase of a Logger Recorder
has been reviewed with the City's Materials Management Division and their
input has been incorporated into this report. The recommendation being put
forth for the purchase of a NICE NRX Analog Logger adheres to the City's
purchasing policy.
ATTACHMENTS
None
K91
COUNCIL REPORT
M&C No.
2017-093
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Network Communication Services for the City of Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Brian Woods
Stephanie Rackley -Roach /
Neil Jacobsen
Jeff Trail
RECOMMENDATION
• That the City enters into the Amendment 3 to Bell Ethernet Services Schedule
agreement (attached) with Bell Aliant Regional Communications, Limited
Partnership (Bell Aliant) for the delivery of Ethernet network services.
• That the Mayor and Common Clerk be authorized to execute the necessary
documents.
EXECUTIVE SUMMARY
The purpose of this report is to authorize the City of Saint John to enter into
agreement with Bell Aliant for the provision of data communication services that
are necessary for City operations.
In leveraging the Province of New Brunswick's current supply agreement with
Bell Aliant for Ethernet services and entering into a longer agreement, the City
can reduce its connectivity costs by approximately 5% or $7,500 annually. The
City will also be eligible to maintain its loyalty discount at 15%. More
importantly, the recommended agreement will provide flexibility to enable
future changes to the City's network system to meet evolving service delivery
objectives.
PREVIOUS RESOLUTION
None.
21
-2 -
STRATEGIC ALIGNMENT
The recommended agreement reduces the overall current cost of Ethernet
communications for the City. Furthermore, it provides the City flexibility to
change our network profile to meet service delivery objectives of the future.
The agreement will continue to enable City services by keeping them connected
to data systems, communicating with staff, and connected to citizens, thus
supporting Council's Valued Service Delivery and Fiscally Responsible priorities.
BACKGROUND INFORMATION
An efficient, modern municipality needs to connect and monitor its assets,
infrastructure, systems, and resources. City staff are distributed across more
than 20 locations that all need high capacity reliable connectivity to the central
City Hall. Saint John is one of the largest geographical municipalities in Canada
and has infrastructure and buildings distributed throughout its territory.
Connecting infrastructure over a wide area and long distances that is both
economical and reliable presents a real challenge.
In 2009 the Information Technology (IT) Service investigated building a private
fiber optic network; however, it was extremely costly requiring a large capital
investment and would provide excessive capacity. Fiber optic cable alone costs
approximate $6,000 per 100 meters, not including installation and maintenance.
This type of infrastructure would be capable of delivering bandwidths in excess
of 100 GB which is not necessary for current City operations.
Alternatively, over the last 8 years the City has leveraged Bell Aliant's Ethernet
network (for Wide Area Network — WAN) services via a Province of New
Brunswick supply agreement. This service is affordable and does not require a
large capital investment. Also, capacity can be easily changed or adjusted to
meet operational requirements. Historically, the City has entered into this
agreement for a period of three year (36 months).
SERVICE AND FINANCIAL OUTCOMES
The City maintains high capacity fiber optic Ethernet network connections
between City Hall and 23 remote locations that include Fire Stations, the Police
Headquarters, Municipal Operation and Saint John Water facilities, and
Recreation facilities. The City currently spends $12,710 per month under its
current agreement on these connections that enable VoIP telephony, access to
financial systems, email access, shared drive access, system monitoring data to
be stored centrally, and CCTV. In addition to day to day operations, this network
supports emergency systems and systems that monitor public safety functions.
As a result the network needs to be stable and reliable.
WA
-3 -
By leveraging the Province of New Brunswick's current supply agreements with
Bell Aliant for Ethernet services and entering into a 60 month agreement rather
than 36 months, the City can maintain its communication systems and improve
public services. Additionally, entering into a longer term agreement will reduce
the costs by approximately 5% or $7,500 annually. The City will also continue to
be eligible to maintain its loyalty discount at 15%.
These savings can be reinvested in network services to Community centers and
recreation areas. By providing high capacity services to these locations the City
will be able to connect City staff to City Hall more effectively, provide free public
WiFi to these centers, and enhance security.
More importantly, the recommended agreement will provide flexibility to enable
future changes to the City's network system needs to enable the City's priority to
Valued Service Delivery. Over the next 5 years (60 months) Council will make a
number of key strategic decisions on City service delivery. This agreement will
support these decisions with technology that allows the City to connect its
physical locations in the most optimal means. Under the framework of the
recommended agreement, the City will have standardized pricing with which to
build business cases for other connectivity technologies.
The recommended contract will place the City in a strong position to remain an
Information and Communications Technology leader in the province and provide
a communications network to power the City's innovations and possible revenue
opportunities.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Purchasing service has reviewed the agreement, and supports the
recommendation.
The City's Legal service has reviewed the agreement, and supports the
recommendation.
ATTACHMENTS
• Amendment 3 to Bell Ethernet Services Schedule - CN -1703-58344
• Bell Aliant Ethernet Services Schedule — CN -1304-27389
W
I Master Agreement CN -0807-8441
Services Schedule Number: CN -1304-27389
Amendment Number. CN -1703-58344
Amendment 3 to Bell Ethernet Services Schedule, made as of March 29, 2017 ("Amendment").
Between:
City Of Saint John (the 'Customer'),
and
Bell Aliant, a division of Bell Canada ("Bell"),
WHEREAS Bell Aliant Regional Communications, Limited Partnership and the Customer entered into an
Bell Ethernet Services Schedule (CN -1304-27389) effecfive as of September 30, 2013 (the "Services
Schedule");
AND WHEREAS Bell Aliant Regional Communicators, Limited Partnership subsequently assigned the
Services Schedule to Bell Canada, aspart of internal restructuring resulfing in Bell Aliant becoming a
division of Bell Canada, effecfive July 1, 2015;
AND WHEREAS both parties desire to amend the Services Schedule as described in this Amendment,
and any attachments to it;
NOW THEREFORE the parties agree as follows:
1. Section 1(b) of the Services Schedules is hereby deleted and replaced with the following:
"b. Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party
provides the other with 30 days prior written notice of non -renewal, there shall be consecufive
Service Tens each equal in length to 60 months"
2. Becton 3, Tables 1, 2, and 3 of the Services Schedule are hereby deleted and replaced with the
revised Tables 1, 2, and 3 attached hereto as Appendix "A".
3. All other provisions of the Services Schedule remain in full force and effect, unchanged.
IN WITNESS WHEREOF the parties have executed this Amendment as ofthe date herein above first
written.
City Of Saint John Bell Aliant, a division of Bell Canada
SIGNATURE: SIGNATURE:
NAME: NAME:
MAYOR: TITLE:
I am authorized to bind Customer to the tens and I am authorized to bind Bell Canada to the tens
condifions ofthis Amendment. and condifions ofthis Amendment.
DATE: DATE:
YYYY-MM-DD YYYY-MM-DD
City Of Saint John
SIGNATURE:
NAME:
Amendment to eeu Ethemet services Schedwe
Version 1.3 Pege 1 of 4 July 1, 2015
Bd
I Master Agreement CN -0807-8441
Services Schedule Number: CN -1304-27389
Amendment Number. CN -1703-58344
APPENDIX "A"
TO
AMENDMENT 3 TO BELL ETHERNET SERVICES SCHEDULE
Table 1 Fiber Access Sites
INr I �a
COMMON
CLERK:
I am authorized to bind Customer to the tens and
condifions ofthis Amendment.
DATE:
YYYY-MM-DD
Amendment t0 eeu Ethemet services Schedwe
Version 1.3
BeflAlianL
Page 2 d 4
Mester Ag Bement CN -0807-8441
Servces ScheduleN mber: CN -1304-27389
Amendment Number CN -1703-58344
Mester Ag ement CN -0807-8441
Servces ScheduleN mber: CN -1304-27389
Amendment Number CN -1703-58344
DSL Access and Bandwidth
Term 6 Y,
Term 6 Y,
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■■OM
®®I
®®®®®
®®
MEMMm
'701
1
T.t.jmm
��■.�.■mom..
COMMON
CLERK:
I am authorized to bind Customer to the tens and
condifions ofthis Amendment.
DATE:
YYYY-MM-DD
Amendment t0 eeu Ethemet services Schedwe
Version 1.3
BeflAlianL
Page 2 d 4
Mester Ag Bement CN -0807-8441
Servces ScheduleN mber: CN -1304-27389
Amendment Number CN -1703-58344
Mester Ag ement CN -0807-8441
Servces ScheduleN mber: CN -1304-27389
Amendment Number CN -1703-58344
Table 2
DSL Access and Bandwidth
Term 6 Y,
Term 6 Y,
L..Ii.n M&—
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MEMMm
Table 2
DSL Access and Bandwidth
Term 6 Y,
Term 6 Y,
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Table 3 TDM (T11BondecI T1) Access and Bandwidth
Term 6 Y,
L..Ii.n M&—
■■OM
Amendm tt.361Ether- SeN—Sehedwe Amendm tt.361Ether- SeN—Sehedwe
Version 1.3 Pege 3 of 4 July 1, 2015 Version 1.3 Pege 4 of 4
24
IA aMuer Agnammd NuberCN007-8441
antMestr Agreeent Nmber CN 1007-841
Agreement Nur CN -13042738 V p Agreemnt NumbeCN-130427389
BELL AUANT ETHERNET SERVICES SCHEDULE
Customer Name: Cid Of Saint John (the "Customer")
The services described in this Bell Allam Ethernet Services Schedule (the °Services Schedule') are provided in
a¢ordanm with and governed by the Master Services Agreement between the Customer and Bell Aliens Regional
Communications, Limited Partnership CBAifanr)- Bell Agent and the Customer agree that this Servs Schedule is
attached to and fonts part of the Master Services Agreement and is governed by hs terms and cendkrons, with cited
from the date of exeanim ofth(s Services Schedule by the Customer. Capitakeed terms used but not defined in this
Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this
Services Schedule, referensboth es to the "Ag—..nr shati include the Master Services Agreement and the Services
Schedule.
1. TERM
a. Inklai Service Term: The Initial Service Term is for a period of 42 mmths, effective the 30" day of September,
2013,(the Initial Service Term').
b. Service Removal Term: Upon expiration of the Initial Service Tam, and unless either party informs the other
with thirty (30) days prior written notice of torn -renewal, there shall be consecutive Service Renewal Tents each
equal in length to the Initial Service Tem1.
c Use of Service beyond Service Term: If the Customer has sent a notice of ran -renewal but for any reason
continues to use the Services after the expiry of the Initial Service Term or final Service Harasser Tenn, the
=use
conditions ofrit,
theAgreement including this Services Schedule shall continue to apply for se long as
the Customer uses the Services, except that the Fees shall be the momMto-morals fees for the Services in
egect.
2. SERVICE
s.
I. "Digital Subscriber Une ("DSL-)' means a high speed asymetac data access using dapper cable.
it. "indent" "=a a service interruption which is determined to be related to the Bell Atiant Service.
iii. "Mafntenence Wh to ws" means the limes when Bell Alum may interrupt service to perform routine
mainteranee and upgrades to the Service.
W. "P -Bit Markings" also it— as Priority Code Point, means a set of three bits within an Ethernet frame
that represent fine frame pdodty Intel. Values range from 0 (best effort) to 7 (highest). This is based on the
IEEE 802.1p sta�rd. These values can be used to prioritize different classes of traffic (value, video, data,
etc).
v. "Premium Bandwidth- means QoS setting of the bandwidth. This dictates the priority the traffic will have
as it traverses the Ethernet network. Premium traffic has the highest QoS setting will never be dropped in
the network due to congestion.
vi. "Quality of Service ("QoS")" means a set of performance criteria (latency, items deft ery ratio, liter)
part. will adhere to ale it mars es the network.
vii. "Standard Bandwidth" means a Dag setting of the bandwidth. This dictates the priority the trate will have
as h traverses the Ethernet network. Standard traffic has a lower QoS setting that Premium and will be
dropped first tithe fretwork becomes contends.
viii. "Service Virtual Local Area Network ("SVLAN")" means a virtual connection between 2 or more sites
Lived to transport traffic.
is. "Time Division Multiplex ("TDM")" means the standard TDM access is T1 which has symmetrical
bandwidth speeds of 1.544Mbps over copper cable.
It. Descriptionof Service: Bell Atiant Ethernet (the °Servicel is an Ethernet Wide Area Network ("WAN') Service
which allows Customers to transmit information between sites. The Service is available with the following
access configurations and options:
I. Fiber Accesa:
(1) Access port bandwidth: 10, 20, 30, 60, 75, 100, 200, 300, 500, 750, and 1000Mbps.
(2) DOS Opione: Premium.
n. DSL Access:
(1) Standard QoS bandwidth: 38810bps, 5121(bps, 1.510bpe, 3.OMbps and 4.OMbps.
Bell Agent Ethernet Services Schedule
Version IA Page 1 of 5 July 4. W12
'113dlAliant
Table 1 Fiber Access Sties
Mester Agreement Number. C11,080748M141
Agreement Number. CN430 -27388
Table DSL Access and Bandwidth
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Table DSL Access and Bandwidth
(2) QoS options: Promium.
TDM (Tl)eonded T1) Access:
(1) Blended QoS Darxlwidih: 75Mbps, 3.OMbps and 5.OMbps.
(2) QoS options: Premium.
3. Customer Responsibilities:
I. The Customer is responsible for all QoS priority settings. The Service does not change these sediigs and
Infamous only the 802.1p (p tiff settings on a Customer Ethernet frame. If Premium Bandwidth has been
subscribed to, only frames marked with a p-bh d 3° will be transported on the Premium Bandwidth. Ag
other P -Bit Markings will be assigned to the Standard Bandwidth.
n. The Customer may ttensmlt data at the Imre rate of their port connecting to the Service demarcation device
and the Bell Manx technology will rats limp the throughput using bandwidth shaping to the purchased
bandwidth rate. The Customer may additionally use their own equipment to provide bandwidth shaping to
avoid frame diehards in the Bell Anent network.
it, Service Demarcation Poirot: The service demarcation point for the Service is at the Customer facing Ethernet
port of the Bell Agent Managed customer premise device.
FEES
a. pees Schedule:
1. The Customer shell pay to Beg Aliant fees for Bell Affent Ethernet Services (the 'I —) on a monthly andt.r
one ions basis, as set out in Tables 1, 2 and 3.
li. Prices listed in this Services Schedule are exclusive of Sales and Use Tax,
Bell AlentEthemet Services Sdhwme
Verson IA Page 2 of S
BdIAlian
Table 3 TDM (TtrBanded T1) Access and Bandwidth
Master Agreement slumber. CN -0807-8441 w
r�reement Number. CN -130427389
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(2) QoS options: Promium.
TDM (Tl)eonded T1) Access:
(1) Blended QoS Darxlwidih: 75Mbps, 3.OMbps and 5.OMbps.
(2) QoS options: Premium.
3. Customer Responsibilities:
I. The Customer is responsible for all QoS priority settings. The Service does not change these sediigs and
Infamous only the 802.1p (p tiff settings on a Customer Ethernet frame. If Premium Bandwidth has been
subscribed to, only frames marked with a p-bh d 3° will be transported on the Premium Bandwidth. Ag
other P -Bit Markings will be assigned to the Standard Bandwidth.
n. The Customer may ttensmlt data at the Imre rate of their port connecting to the Service demarcation device
and the Bell Manx technology will rats limp the throughput using bandwidth shaping to the purchased
bandwidth rate. The Customer may additionally use their own equipment to provide bandwidth shaping to
avoid frame diehards in the Bell Anent network.
it, Service Demarcation Poirot: The service demarcation point for the Service is at the Customer facing Ethernet
port of the Bell Agent Managed customer premise device.
FEES
a. pees Schedule:
1. The Customer shell pay to Beg Aliant fees for Bell Affent Ethernet Services (the 'I —) on a monthly andt.r
one ions basis, as set out in Tables 1, 2 and 3.
li. Prices listed in this Services Schedule are exclusive of Sales and Use Tax,
Bell AlentEthemet Services Sdhwme
Verson IA Page 2 of S
BdIAlian
Table 3 TDM (TtrBanded T1) Access and Bandwidth
Master Agreement slumber. CN -0807-8441 w
r�reement Number. CN -130427389
b. Other Fees:
I. Change orders requests re edstrtrg Services are Invoiced at $50 00 per charge with the e..0kin of
decreasing access speeds which is immsed at $250.00 edministregon fee.
c
Minimum Commibperib There is m minimum containment for this Banks.
SERVICE LEVELS
a.
Standard M. Level Ob ffilli s I"SLOB"1: If Bell Might tails to meet an SLO the Customer shag not be
entitled to any eomPertsabon. Also, etiure re meet an SLO shag not be considered a default by Bell Agent of its
obligations under this Service Schedule.
BLOs
Site Availability
Site Type Target
Package 1 (Fibre, TI) 99.9%
Package 2 (DSL) 99.7%
Performance Measures
FibretTl DSL
Latency <25 msec orm way Atlantis Canada WA
<15 msec one-way within Province
Frame Delivery Reno Standard Bandwidth -99.9% WA
Premium Bandwidth -9995%
Jitter - - - Standard Bandwidth . <10 msec WA
Premium Bandwidth - <5 msec
Service Provisioning and Support
Malik _ Target
12-15 Business Days (with the exwptlon of ages that
Standard Provisioning -d -ting have subscribed to Multiple SVLANS: 25-30 days).
facilitiesMeasured as of the time the order is subrridsed. If the
order 1s submitted on a day other than a B.1— Day
then measurement will start an the next Business Day.
-- 25 -30 Busies Days. Measured as of the Was the order
Standard Provisioning - new is submitted, ttthe order is submitted ed a day other than
facilities a Business Day then measurement will start m the trait
Business Day.
Bell Alient Rome Services Schedue Beg Agent Ethernet Services Schedule Version i.4 Page 3 of 5 My 4, 2012 Papa 4 d 6 July 4, 2012
25 V— 1.4
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mono
b. Other Fees:
I. Change orders requests re edstrtrg Services are Invoiced at $50 00 per charge with the e..0kin of
decreasing access speeds which is immsed at $250.00 edministregon fee.
c
Minimum Commibperib There is m minimum containment for this Banks.
SERVICE LEVELS
a.
Standard M. Level Ob ffilli s I"SLOB"1: If Bell Might tails to meet an SLO the Customer shag not be
entitled to any eomPertsabon. Also, etiure re meet an SLO shag not be considered a default by Bell Agent of its
obligations under this Service Schedule.
BLOs
Site Availability
Site Type Target
Package 1 (Fibre, TI) 99.9%
Package 2 (DSL) 99.7%
Performance Measures
FibretTl DSL
Latency <25 msec orm way Atlantis Canada WA
<15 msec one-way within Province
Frame Delivery Reno Standard Bandwidth -99.9% WA
Premium Bandwidth -9995%
Jitter - - - Standard Bandwidth . <10 msec WA
Premium Bandwidth - <5 msec
Service Provisioning and Support
Malik _ Target
12-15 Business Days (with the exwptlon of ages that
Standard Provisioning -d -ting have subscribed to Multiple SVLANS: 25-30 days).
facilitiesMeasured as of the time the order is subrridsed. If the
order 1s submitted on a day other than a B.1— Day
then measurement will start an the next Business Day.
-- 25 -30 Busies Days. Measured as of the Was the order
Standard Provisioning - new is submitted, ttthe order is submitted ed a day other than
facilities a Business Day then measurement will start m the trait
Business Day.
Bell Alient Rome Services Schedue Beg Agent Ethernet Services Schedule Version i.4 Page 3 of 5 My 4, 2012 Papa 4 d 6 July 4, 2012
25 V— 1.4
'MIp g „ ,„„„ �,q„. Master ABreemsrt Number. CN-08,07-S W
N"'°6 S0 Ca 14 Agne=m Number. CN-1304-2738B
Maintenance Windows
':- Critical Incident whereby the Service is not operational for s 80%w1thin 4 hours
Customer. I —"va
High InCM9nt has —'Dmd whereby the Service has been 80% within 8 hour
partially affected but stili finchnal. resolve
. A raquestfi d typically effects a single user. A _.....
Medium temporary work -around may be required to restore 3 Businees days
operaeona while the Incident is being Resolved.
Low The user has an alternative while the Service is being , 8 Bustheas days
restored
IS. Reporting Portal: Reasonable Commercial effort will be used in providing the Bell AOant reporting portal.
S. OTHER TERMS AND CONDITIONS
a. Limned TERM
Bell Allard does not guarantee error -fine or uninterrupted operation of the Services. In the
event M service interruptions lastelg twenty-four (24) hours w longer from Bell Merits receipt of nofification
from the Customer, Bell Allard, upon the Customers written request, will provide to the Customer a Credit or
refund of Fees proportionate to the length of the interruption commencing from Bad Alianis recefftt of the
Customers notification. Notwithstanding Termination terms and Conditions as defined in the Agreement, such
creak a refund will be the Customers sole and exclusive remedy, at law or in equity, against Bell Aliatd or its
representatives, which include Bell Allanrs employees, affiliates, principals, shareholders, officers, subsidiaries,
Went oganaatimrs andror contractors {herein after re(enred to as Representatives), relating to non,
perfar enceofthe Services). BELLALNN moN REMME ATNESWKENOWARRANiIES,REPRESENTAmmsOR
CONORIONSOFAWNATURE WHATEDEVER,Ert MEXPRESSORIMPLIED,INCLtmma,WRHOUr LUMATION,ANY
WARRANTY, REPRESENTATION OR CONDniON OF FESS FORA PARTICULAR PURPOSE OR MERCRANTARSJTY WITN RESPECT
TO THE SERVICES, ANDALL WARRANTIES, REPRESENTATIONS AND CONOMNS, EXPRESS On NPLIED, ME HERESY
EXCLUDED.
By Signing below, Bell Allam and the Customer agree that this Services Schedule is attached to and fomes pad of the
Master Services Agreement.
BELL ALIANT REGIONAL COMMUNICATIONS,
LIMITED PARTNERSHIP by its General Partner
Bell Agent Regional Communications Inc. City Of Saint John
SIGNAT U r n MAYOR: / f
NAME: �j-4.ea.e /fyt NAME: Ne gn`/pe -0,
COMMON
TITLE: Y.CLERK: I,`
"T .....
NAME .1 i .... .....
I am authorized to bind BISH Affiant Regional I am authorized to bind Customer to the terms and conditions of
Communications, Untried Partnership to the terns this Sinus es Schedule.
and Conditions of this Services Schedule.
RESOLUTION
DATE: Os�t'E�-zo%1 DATE: .37:f lEMBE.e /L .zlb/3
Bell AIler4 Ethernet Services Schedule
Version 1.4 Page 5 of 8 July 4, 2Oi2
44N
�':��.,_
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
ONE Peel Plaza, E2L OEl
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1971
Saint John Nouveau -Brunswick
Canada E2L 4L1
JENNIFER CARHART
Chair/ President
BRIAN BOUDREAU
Vice Chair/Vice President
MIKE HAYCOX
Secretary/Secretaire
MAYOR DON DARLING
Commissioner/Commissaire
GARY SULLIVAN
Commissioner/Commissaire
ANNE -MARIE MULLIN
Commissioner/Commissaire
WILLIAM THOMPSON
Commissioner/Commissaire
Commissioner/Commissaire
JOHN T. W. BATES, M.O.M.
Chief of Police/
Chef de Police
DAPHNE WAYE
Executive Administrator/
Secretaire Administrative
Telephone/Telephone:
(506) 648-3324
E-mail/Courriel:
policecommission(o) saintiohn. ca
Explore our past/
Explorez notre passe
Discover your future/
Decouvrez votre avenir
April 10, 2017
PUBLIC SESSION
M&C 2017-99
Mayor Don Darling and Members of
Common Council
Your Worship and Councillors:
Re: Saint John Police Force - 2016 Operating Budget - December
Year End (Unaudited) Financial Results
The Saint John Board of Police Commissioners, at its meeting on
Tuesday, April 4, 2017 accepted and approved the Saint John Police
Force 2016 Operating Budget - December Year End (Unaudited)
Financial Results.
The year-end financial position for the Saint John Police Force and the
Public Safety Communication Centre (PSCC) resulted in a net surplus of
$34 on a total budget of $26,700,159.
On behalf of the Saint John Board of Police Commissioners, I am
pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act.
Yours very truly,
Jennifer Carhart, Chair
Saint John Board of Police Commissioners
JC/dew
WA
l �e
Jennifer Carhart, Chair
Saint John Board of Police Commissioners
JC/dew
WA
lot q
April 4, 2017
Ms. Jennifer Carhart, Chair and
Members of the Board of Police Commission
Chair Carhart and Members
2016 Operating Budget — December Year End (Unaudited) Financial Results
The purpose of this report is to provide the Board with an update on the
(unaudited) financial position of the Saint John Police Force's Operating Budget
for the year ended December 31, 2016.
FINANCIAL HIGHLIGHTS
For the period ended as at December 31, 2016, the net operating expenses for the
Saint John Police Force were over budget by $124,823 or -0.53%.
There are seven key areas that contributed to this budget variance,
1. Revenue surpassed the annual projection by $337,859.
2. Salaries and Wages were over budget by $90,624.
3. Overtime costs exceeded budget by $205,937.
4. Extra -Duty overtime expense was $91,280 and is 100% recoverable.
5. Court Time and Other Personnel costs were over budget by $91,841
6. Fringe Benefits were over by $157,720.
7. Good and Services were under budget by $174,720.
K-11
Chair Carhart and
Members of the Board of Police Commission
April 4, 2017
Page 2
Subject: 2016 Operating Budget — December Year End (Unaudited) Financial Results
The $337,859 surplus or additional revenue generated from extra -duty
assignments and other operational activities is used as a direct offset to the
overtime expense for the year.
Salaries were over budget by $90,624 and this figure does include an allowance
for the outstanding 2016 wage settlement for sworn members of the Saint John
Police Association. Contract negotiations are on-going and the actual wage
settlement is unknown.,
WAV11"Utm;
Saint John Police Association (SJPA)
The overtime costs were over budget by $306,297. The Patrol Division accounted
for $162,060 and the Criminal Investigation Division was over budget by $52,957.
The overtime expense for Extra -Duty was $91,280 and this amount is 100%
covered from billings to third parties for paid over -time assignments.
Court Time - Saint John Police Association (SJPA)
The cost for court time exceeded budget by $96,518.
The various Goods and Services accounts were under budget by $174,720 and
these savings were achieved with a spending freeze in the last quarter.
Wel
Chair Carhart and
Members of the Board of Police Commission
April 4, 2017
Page 3
Subject: 2016 Operating Budget — December Year End (Unaudited) Financial Results
This budget year presented a major challenge as the negotiated wage settlement
for police officers in 2016 was unknown with contract talks still on-going.
A spending freeze on discretionary Goods and Services expenditures was the only
mechanism available to senior management to minimize the deficit for the year.
F0, -IF 1*0 k ITI W, 111M 101Z
It is recommended that the Board accept and approve this (unaudited)
Financial Report for the period ended as at December 31, 2016 and
forward a copy to Common Council as required under Section 7 (3) of the
New Brunswick Police Act.
Attached reports and documents:
Service Based Budget - Actual versus Budget — December 31, 2016
Budget Variance Analysis — December 31, 2016
Respectfully submitted,
/ 110 ekciLn
Marve4 E. Corscadden, CPA
DIRECTOR HR & FINANCE
IN am, 111W, I I & �
091
11,41 Ell, 01111 -11 111111
Service Revenue 290,000 577,030 287,030 99.0%
Other Funding Sources410,000 460,830 50,830 12.4%
Total Revenue 700,000 1,037,859 337,859.... 48.3%
Salaries & Benefits
20,628,277
21,265,679 -
637,402
-3.1%
Goods & Services
3,591,482
3,416,762
174,720
4.9%
Other*
Total Expenditures
24,219,759
24,682,441 -
462,682
-1.9%
General Funding Required
23,519,759
23,644,582 -
124 823..
-0.53%
FTEs
176
176
0
III lll� 1111 1 1, Jill
Administration
Police Commission M
Support Services
Patrol Services
Criminal Investigations
Buildings and Stations
Detention Services
Automotive Equipment �M
24,219,759 24,682,441 - 462,682 -1.91%
31
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended December 31, 2016
Budget
Expenses
Variance
Current Variance
Timing Actual
$ 24,219,759
$24,682,441
0462,682)
(462,682)
Expense Category Variance Explanation of Variance
Salaries & Wages
($90,624)
- Salaries: Non -Union over budget by
$37k.
0 Salaries: Local 486 over budget by
($1821k) and this is a budget allocation
error between Local 486 and SJPA
salaries lines and the net variance is
($53k).
SJPA Police Officer wages under
budget by $129k.
Note: The SJPA collective agreement
expired on 12/31/2015 and negotiations are
on-going and! the wage increase for 2016 is
still unknown,
Overtime
($297,217)
a Overtime: SJPA-Patrol: Over budget by
($162k).
• Overtime-SJPA-Criminal
Investigations: Over budget by ($53k).
• Extra -Duty Overtime - Over by (91k) and
this expense is 100% covered by earned
revenue as all hours paid are invoiced to
3rd parties for Extra—Duty assignments.
Other Personnel Costs
($91,841)
9 Court Time: Over budget by ($97k).
Fringe Benefits
($157,720)
* Benefits: The rate for police officers is
28.6% and 24.8% for civilian; employees.
This rate now includes the employer
portion of Long -Term Disability (LTD)
plan, and Shared Risk Pension plan. It
also includes employer cost for El, CPP,
WCB and other employee group benefit
costs.
WA
Saint John Police Force — December 31, 2016
Budget Variance Analysis
Expense Category Variance Explanation of Variance
General Services
$106,461
0 Telephone: Under budget by $29k.
0 Radios: Under budget by $15k.
0 Advertising: Under budget by $6k.
0 Travel: Under budget by $17'k.
® Employer Training: Under by $39k
Insurance
$4,676
a No significant variance at the end of
December 2016.
Professional Services
$52,715
9 Legal: Under budget by $23k.
0 Detention Security Costs: Under
budget by $10k.
0 Other Professional Services: Under
budget by $19k.
Other Purchased Services
($38,711)
9 Other Purchased Services: Over
budget by ($37k).
Repair & Maintenance
$59,575
e Computer Maintenance: This expense
was under budget by $60k and it is for
for computer maintenance and
software licensing contracts with various
service providers. The elimination and
consolidation of maintenance
agreements generated this cost savings,.
Rentals
($70,198)
e Leased' Copier/Printer Equipment:
Over budget by ($8k).
• Rental Vehicles for CID: Over budget
by ($6k).
• Building Occupancy: The annual
occupancy charge from the City of Salint
John to the Police Force for One Peel
Plaza was over budget by ($56k). The
actual operating costs were lower than
projected and the administrative fee for
the Police HQ building charged by
the City's Facility management
department was higher than planned for
2016.
2 1 P a g e
091
Saint John Police Force — December 31, 2016
Budget Variance Analysis
Expense Category Variance Exnlanation of Varianrp
Purchased Goods
($18,506)
* Over budget by ($19k).There are
eighteen accounts in this expense
category,
Government Services
$309
0 No significant variance at the end of
December 2016.
Internal Services
$38,869
® Fleet Fuel - $40k — The fuel costs at
the end of December were under budget.
Asset Purchases
$39,530
o Other Assets $35k — The expenditures
for other assets such as breath test
equipment, radars, and other
operational devices was under budget.
31 P1 a, g e,
011 1
April 4, 2017
Ms. Jennifer Carhart, Chair and
Members of the Board of Police Commission
Chair Carhart and Members
MU-0"XW1
,ft• %. 10 1 '41
43 1] k
The purpose of this report is to provide the Board with an update on the
(unaudited.) financial position of the Public Safety Communications
Centre's (P.S.C.C.) Operating Budget for the year ended December 31,
2016.
INLILAVIOL&I WNICHI I 1011HIM
For the period ended as at December 31, 2016, the net operating
expenses for the Public Safety Communications Centre were under
budget by $124,857 or 16.4%.
There are six key areas that contributed to this positive budget variance.
1. Revenue was below budget projections by $12,743.
2. Salaries and Wages were under budget by $202,477.
3. Overtime costs exceeded budget by $192,763.
4. Fringe Benefits were under budget by $81,699.
5. Good and Services were under budget by $46,187.
W
Chair Carhart and
Members of the Board of Police Commission
April 4, 2017
Page 2
Subject. 2016 Operating Budget — P.S.C.C. December (Unaudited) Financial Results
Salaries were under budget by $202,477 and this represents four
vacancies that will be filled in 2017. The cost savings for these vacancies
will offset the additional overtime expense incurred to backfill shifts
during the year.
L! ITJ A .A I I L71 I
The overtime costs were over budget by $192,763.
The fringe benefits costs were under budget by $81,699.
The various Goods and Services accounts were under budget by $46,186
with savings in telephone costs and training as resource levels were not
sufficient in 2016 to provide staffing capacity to deliver training
programs.
It is recommended that the Saint John Board of Police
Commissioners receive and file this (unaudited) financial report for
the period ended as at December 31, 2016.
Chair Carhart and
Members of the Board of Police Commission
April 4, 2017
Page 3
Subject: 2016 Operating Budget — P.S.C.C. December (Unaudited) Financial Results
Attached reports and documents:
• Service Based Budget - Actual vs. Budget — December 31, 2016
• Budget Variance Analysis — December 31, 2016
Respectfully submitted,
A
MarveE. Corscadden, CPA
DIRECTOR HR & FINANCE
J0 T.W. Mates, M.O.M.
CZIF OF POLICE
WA
PIBLIC SAFETY COMMUNICATIONS
PSCC
• SERVICE BASED
Service Revenue
961,168
948,420
(12,743)
-1.3%
Other Funding Sources
-
-
-
-
Total Revenue
961,168
948425,..
(12,743)
-1.3%
Salaries & Benefits
2,228,000
2,136,587
91,413
8.2%
Goods & Services
252,400
206,213
46,187
36.6%
Other*
Total Expenditures
2,480 400
2,342,800
137,600
11.1%
General Funding Required
1,519,232
1 394 376
124,857
16.4010
FTEs
28
24
4
-
PSCC
2,480,400 2 342 800 137,600 5.5%
M-11
ZOM'' 17 " 1 � N .M I rM I IT- =-I, I P. -
Budget
Expenses
Variance Current Variance is:
Timing Actual
$2,480,400
$2,342,800
$137,600
$137,600
Expense Category Variance Explanation of Variance
Salaries & Wages
$202,477
- Salaries -Iron Union: Under budget by
$541k.
• Salaries -Local 486: Under budget by
$3821k and this relates to current
vacancies for permanent operators,
• Salaries -Temp. Over by ($233k) and
this expense is the cost for casual
employees to back -fill current vacancies
in the centre,
Overtime
($192,763)
e Overtime -Local 486: Over budget by
($11151k) and this variance is a result of
backfilling of shifts as optimum staffing
levels were not achieved,
0 Overtime -Temp: Over budget by ($771k)
and this variance is a result of using
casual operators to back -fill shift
vacancies.
Fringe Benefits
$81,698
e Benefits are calculated at 24.8%. This
expense calculation is based on actual
wages for the year.
General Services
$39,267
0 Telephone: Under budget by $2181k at the
end of December.
0 Training: Under budget by $10k.
Repair & Maintenance
$3,542
0 No significant variance at the end of
December 2016.
061
Saint John Police Force — PSCC December 2016 Budget Variance Analysis
Expense Cateciory Variance Exo1anation of Variance
Rentals
($308)
0 No significant variance at the end of
December 2016.
Purchased Goods
($1,370)
- No significant variance at the end of
December 2016.
Computers
$1,589
e No significant variance at the end of
December 2016.
Asset Purchases
$3,467
0 No significant variance at the end of
December 2016.
U��
City of Saint John
Stn Floor, City Hall
PO Box 1971
Saint John NB
E2L 4L1
PO Box / CP 3032, Grand Bay -Westfield NB E5K 4V3
T. 506 738-1212 0 F. 506 738-1207
hotline@fundyrecycles.com
Reference., Audited Financial Statements for the Year Ended 31 December 2016
Dear Mayor and Council:
Pursuant to the requirements of Section 29(1) of the Regional Service Delivery Act, I am pleased
to submit to you the Financial Statements of the Fundy Regional Service Commission for the
year ended 31 December, 2016. The Fundy Regional Service Commission reviewed and adopted
the Financial Statements at the March 28, 2017 meeting.
If you should have any further questions, please do not hesitate to contact me.
Regards,
Marc MacLeod
Executive Director
Encl: Audited Financial Statements of the Fundy Regional Service Commission for the Year
Ended 31 December, 2016
!II
FUNDY REGIONAL SERVICE COMMISSION
CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
'toreid sauirilders�u
42 o)dl
FUNDY REGIONAL SERVICE COMMISSION
DECEMBER 31, 2016
CONTENTS
INDEPENDENT AUDITORS' REPORT
FINANCIAL STATEMENTS
Page
Consolidated Statement of Financial Position 2
Consolidated Statement of Operations 3
Consolidated Statement of Changes in Net Financial Assets (Debt) 4
Consolidated Statement of Cash Flows 5
Notes to Consolidated Financial Statements 6-24
43 SNI° s; aic ou atairnur
tit �u.���iei
deo ie &advhws
saunders
accountants An independent -' INV
II
dqyle
advisors member of DrI1oK A I
INDEPENDENT AUDITORS' REPORT
To the Members of the Fundy Regional Service Commission
We have audited the consolidated statement of financial position of the Fundy Regional Service
Commission as at December 31, 2016, and the consolidated statements of operations, changes in net
financial assets (debt) and cash flows for the year then ended, and a summary of significant accounting
policies and other explanatory information.
Management's Responsibility for the Consolidated Financial Statements
Management is responsible for the preparation and fair presentation of these consolidated financial
statements in accordance with Canadian public sector accounting standards, and for such internal control
as management determines is necessary to enable the preparation of consolidated financial statements
that are free from material misstatement, whether due to fraud or error.
Auditors' Responsibility
Our responsibility is to express an opinion on these consolidated financial statements based on our audit.
We conducted our audit in accordance with Canadian generally accepted auditing standards. Those
standards require that we comply with ethical requirements and plan and perforin the audit to obtain
reasonable assurance about whether the consolidated financial statements are free from material
misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statements. The procedures selected depend on the auditors' judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditors consider internal control relevant to the entity's
preparation and fair presentation of the financial statements in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of
the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies
used and the reasonableness of accounting estimates made by management, as well as evaluating the
overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion. .
Opinion
In our opinion, these consolidated financial statements present fairly, in all material respects, the
consolidated financial position of the Commission as at December 31, 2016, and the results 'of its
operations, changes in net financial assets (debt) and cash flows for the year then ended in accordance
with Canadian public sector accounting standards.
CHARTERED PROFESSIONAL ACCOUNTANTS
Saint John, NB
March 28, 2017
=;9 Cd; 1, 0 DIA I%/ trc c'. `A., -,i: John, NB, Canada E2L 2C6 I Ph (506) 636-9220 1 Fax; (506) 634-8208 mai{. ;`sdsj+Q>t ika c orr
565 Priestman Street, Suite 102, Fredericton, NB, Canada E3B 5X8 � 4(506} 458-8727 ' ; t (`:0F , .,(. Ina ,. t5dfrC dca.c r;
FUNDY REGIONAL SERVICE COMMISSION
CONSOLIDATED STATEMENT OF FINANCIAL POSITION
AS AT DECEMBER 31, 2016
2016 2015
FINANCIAL ASSETS
Cash (Notes 2, 3 and 4) $ 993,190 $ 532,984
Accounts receivable (Notes 2 and 3) 725,615 649,545
HST receivable 84,132 199,061
Investments (Notes 2, 3 and 5) 518,754 867,330
Investments restricted for future cIosure and
post -closure costs (Notes 2, 3 and 8) 1273,516 1,100,Q32
$ 3,595,207 $ 3,348,952
LIABILITIES
Accounts payable and accrued liabilities (Notes 2 and 3)
$ 569,718
$ 1,001,833
Security deposits (Note 2)
99,783
99,183
Long term debt (Notes 2, 3, 6 and 7)
712,000
1,200,000
Future closure and post -closure liability (Notes 2, 3 and 8)
1,176,682
1,071,853
2,558,183
3,372,869
NET FINANCIAL ASSETS (DEBT)
1,037,024
(23,917)
NON-FINANCIAL ASSETS
Tangible capital assets (Notes 2 and 11)
61,772,234
60,747,964
Accumulated amortization (Notes 2 and 11)
(42,155,152)
(41571210)
19,617,082
20,172,754
Deferred financing charges (Note 2)
2,560
5,289
19,619,642
20,178,043
ACCUMULATED SURPLUS
$ 20,656,666
$ 20,154,126
COMNIITMENTS (Note 9)
APPROVED Y:
Commission Member
Commission Member
245 teed %3LInders dlcy �e =i.soiw°.
FUNDY REGIONAL SERVICE COMMISSION
CONSOLIDATED STATEMENT OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 2016
2410 2M 2016 2015
Under (Over) Budget Actual Actual
(Note 15)
REVENUE (Notes 2 and 12)
Member charges (Note 16)
Sales of services (Note 16)
Interest
Loss on disposal of tangible
capital assets
EXPENDITURE (Notes 2,12 and 16)
Landfill
Corporate services
Local planning services
Collaborative and regional planning
services
Electrical generation
ANNUAL SURPLUS (DEFICIT)
BEFORE UNREALIZED
GAIN (LOSS) ON
INVESTMENTS
UNREALIZED GAIN (LOSS) ON
INVESTMENTS
ANNUAL SURPLUS (DEFICIT)
FOR THE YEAR (Note 13)
ACCUMULATED SURPLUS
BEGINNING OF YEAR
ACCUMULATED SURPLUS -
END OF YEAR
$ 56,585 $ 2,617,601 $ 2,561,016 $ 2,489,521
229,743
5,281,040
5,051,297
5,471,182
(41,986)
-
41,986
60,470
39,046
-
(3046)
(1,145)
283,388
7,898,641
7,615,253
8.,020,028
494,611
6,740,110
6,245,499
6,808,819
38,294
276,585
238,291
275,338
91,569
257,851
166,282
155,168
4,750
10,000
5,250
8,585
(25,552)
500,494
526,046
_ 492,748
603,672
7,785,040
7,181,368
7,740,658
(320,284) 113,601 433,885 279,370
(68,655) - 68,655 (40,977)
$ (388,939) $_ 1� 13 502,540 238,393
24,154,126 19,915,733
$ 20,656,666 $ 20.154.126
teed a � SII coinulilt aill
FUNDY REGIONAL SERVICE COMMISSION
CONSOLIDATED STATEMENT OF CHANGES IN NET FINANCIAL ASSETS (DEBT)
AS AT DECEMBER 31., 201.6
I, curs ,m� r- rtants
4 47 II. it 11 � lu m lisoirs
20M
2M
Annual surplus
$ 502,540
$ 238,393
Acquisition of tangible capital assets
(1,063,316)
(3,622,536)
Proceeds on disposal of tangible capital assets
92,665
Amortization of tangible capital assets
1,579,942
1,848,006
Loss on disposal of tangible capital assets
39,046
1,145
1,058,212
(L442,322)
Use of deferred financing
2,729
39477
Increase (decrease) in net financial assets (debt)
1,060,941
(1,438,850)
Net financial assets (debt), beginning of year
(23,917}
1,414,933
Net financial assets (debt), end of year
$ 1.037.024
$ (23,917)
I, curs ,m� r- rtants
4 47 II. it 11 � lu m lisoirs
FUNDY REGIONAL SERVICE COMMISSION
CONSOLIDATED STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31, 2016
INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS
OPERATING TRANSACTIONS
Annual surplus
Loss on disposal of tangible capital assets
Unrealized loss (gain) on investments
Amortization of tangible capital assets
Accounts receivable
HST receivable
Accounts payable and accrued liabilities
Security deposits
Future closure and post -closure liability
Change in deferred financing charges
CAPITAL TRANSACTIONS
Acquisition of tangible capital assets
Proceeds on disposal of tangible capital assets
FINANCING TRANSACTION
Long term debt repayment
INVESTING TRANSACTIONS
Proceeds net of purchases of investments
Purchases net of proceeds of investments for future
closure and post -closure costs
NET INCREASE (DECREASE) IN CASH AND CASH
EQUIVALENTS
CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR
CASH AND CASH EQUIVALENTS - END OF YEAR
2016
$ 502,540
39,046
(68,655)
1,579,942
(76,070)
114,929
(432,115)
600
104,829
2.729
1,767,775
(1,063,316)
(1,063,316)
(488,000}
348,576
(104,829)
243-747
460,206
532,984
$ 9
�931 90
KIM
$ 238,393
1,145
40,977
1,848,006
154,820
(96,264)
296,776
(1,093)
99,025
3,477
(3,622,536)
92,665
-0.522,M)
(590,000)
983,780
(99,025)
(649,854)
1,182,838
$..5.32
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
1. COMMISSION MANDATE
The Fundy Regional Service Commission (the "Commission") began operations on January 1, 2013.
The Commission assumed operations of the Fundy Region Solid Waste Commission and took.
ownership of its assets and liabilities after it was dissolved on December 31, 2012 under the
Regional Service Delivery Act (assented to on June 13, 2012). The Commission is comprised of a
representative of each Municipality and Local Service District in its service area.
The Commission's mandate is as follows:
• To develop regional planning strategies that foster sustainable development practices,
encourage a coordinated development between communities that influence and guide
the placement of important infrastructure, while serving as a tool for better protection,
management and harmonization of urban and rural landscapes and resources;
• To provide land use planning services to all Local Services Districts and any
Municipality that does not currently have the service;
• To provide solid waste disposal services to Municipalities and Local Service Districts;
• To provide a forum through which regional policing services can be reviewed and
evaluated in order to make services more cost effective and efficient. In addition, the
Commission will identify issues and common concerns within their region and provide
direction on priorities for policing services;
• The Commission will be a source for communities to plan, coordinate and pool
resources on a regional basis to enable a more effective response to emergencies; and
The Commission will be an entity through which Municipalities and Local Service
Districts come together and identify the needs, scope and financing of recreational
facilities, as well as providing services in the way of development of agreements and
assist with securing provincial funding on a fully regional or on a sub -regional basis.
The Provincial Government has issued to the Commission a Certificate of Approval to operate the
landfill through to December 31, 2017.
r d saunrJers au:`c�uo mirentai nts
6. 49 doyle lm-aidvmors
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of the Commission are the representations of management, prepared i
accordance with Canadian generally accepted accounting principles for local government, as
recommended by the Public Sector Accounting Board ("PSAB ") of CPA Canada.
The focus of Public Sector Accounting ("PSA") financial statements is on the financial position of
the Commission and the changes thereto. The statement of financial position includes all of the
assets and liabilities of the Commission.
Significant aspects of the accounting policies adopted by the Commission are as follows:
Budget
The budget figures contained in these financial statements were approved by the Commission on
October 27, 2015 and were submitted to the Department of Environment and Local Government on
October 31, 2015.
Financial Instruments
Equity instruments with actively traded markets are reported at fair value, with any unrealized gains
or losses reported in annual surplus. All other financial instruments are reported at amortized cost,
and tested for impairment at each reporting date. Transaction costs on the acquisition, sale, or issue
of financial instruments are expensed when incurred.
Investments are managed in accordance with the New Brunswick Trustees Act.
Cash and Cash Equivalents
The Commission considers cash on hand, short-term deposits and balances with banks, net of
overdrafts as cash or cash equivalents. Bank borrowings are considered to be financing activities.
Deferred Financing Charges
Financing charges related to the issuance of long term debentures are deferred and amortized over
the terms of the related debentures.
Revenue Recognition
Tipping fees are recorded when the waste is delivered to the landfill facility and when collection is
reasonably assured. Recycling commodity sales are recognized upon the delivery of the recyclables
to the customers and when collectibility of proceeds is reasonably assured. Investment and other
income are recorded on an accrual basis and when collection is reasonably assured.
Collaborative and regional planning services and local planning services represent charges to local
municipalities and local service districts in the area. They are based on a predetermined rate and are
recorded on an accrual basis.
Expenditure Recognition
Expenditures are recorded on an accrual basis.
Employee Future Benefits
The commission does not have any employee future benefits. tell e l aUnde
50,%
7.
2.
FUNDY REGIONAL SERVICE COMMXSSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd)
Measurement Uncertainty
The preparation of the financial statements in conformity with Canadian public sector accounting
standards requires management to make estimates that affect the reported amount of assets and
liabilities and disclosure of contingent assets and liabilities at the date of the financial statements
and the reported amount of revenues and expenditures during the reporting period. These estimates
are reviewed periodically, and as adjustments become necessary, they are reported in earnings in the
period in which they become known. Actual results may differ from these estimates.
Examples of significant estimates include-
- the allowance for doubtful accounts;
- providing for amortization of tangible capital assets;
- the estimated useful lives of tangible capital assets;
- the recoverability of tangible capital assets;
- the recoverability of long term investments; and
- certain economic assumptions used in determining the provision for future closure and post -
closure costs and the future closure and post -closure liability.
Tangiblepital Assets
Tangible capital assets are recorded at cost which includes all amounts that are directly attributable
to acquisition, construction, development or betterment of the asset. The cost of the tangible capital
asset, less any residual value when applicable, is amortized on a straight-line basis over the
estimated useful lives as follows:
Asset type
Landfill site and roadways
Buildings - compost and material recycling facility
Buildings - other
Furniture and fixtures
Heavy equipment
Light equipment and vehicles
Containment cells
Estimated useful life
Over the life of the landfill
20 years
Over the life of the landfill
10 years
5-20 years
5-10 years
5 years
The Commission regularly reviews its capital assets to eliminate obsolete items.
Assets under construction are not amortized until the asset is available for productive use.
Future Closure and Post Closure Liability
The Commission accrues landfill closure and post -closure care requirements that include final
covering and landscaping of the landfill, pumping of ground water and leachate from the site, and
ongoing environmental monitoring, site inspection and maintenance. The reported liability is based
on estimates and assumptions using the best information available to management as documented in
Note 8.
Future events may result in significant changes to the estimated total expenses, capacity used, total
capacity and the estimated liability, and would be recognized prospectively as a change in estimate
when applicable.
851
i,,,y & advilsom
FUNDY REGIONAL SERVICE CONDUSSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
31,2016
2. SUMMEARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd)
Segmented Information
The Commission, provides waste disposal, Iocal planning and collaborative and regional planning
services for the geographic area of the Fundy Region. For management reporting purposes, the
Commission's operations and activities are organized and reported by function. This presentation
was created for the purpose of recording specific activities to attain certain objectives in accordance
with special regulations, restrictions or limitations. Services are provided by department as follows:
Solid Waste Services
This department provides solid waste disposal services to the Municipalities and Local Service
Districts. This includes the operation of various recycling programs, the handling of hazardous
waste and public education programs.
Local Planning Services
This department provides land use planning services to all local service districts and any
municipality that does not currently have the service. This service includes the development of
rural plans, the administration and enforcement of the plans, the issuance of building permits,
conducting building inspections, and the approval of subdivisions, etc. The Commission
encourages local service districts to develop common integrated plans, where possible and
appropriate.
Collaborative and Regional Planning Services
Regional Planning
The Commission is responsible for the development of a Regional Plan, the aim of which
would be to better coordinate and manage development and land use within the region. More
specifically, the Regional Plan will focus on strategies that emphasize sustainable development
practices, that encourage coordinated development between communities that influence and
guide the location of significant infrastructure (e.g. major roadways, facilities, trails), and that
enhance coordination of commercial/industrial development. The Regional Plan will also serve
as an important tool in better managing, protecting and harmonizing urban and rural landscapes
and resources.
Regional Policing Collaboration
The Commission will serve as a forum through which the effectiveness and efficiency of
policing services is reviewed and evaluated on a regional basis. In addition, the Commission
will identify issues of common concern within the region and provide direction on priorities for
policing services. The Regional Service Commission will identify ways in which police forces
within a region can work together to share costs, reduce duplication and generally build
stronger linkages with one another.
..
9. a6a° saa r„
.FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 3X, 2016
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd)
Regional Emergency Measures Planning
The Commission will serve as the vehicle through which Municipalities and Local Service
Districts will plan, coordinate and pool resources on a regional basis in order to enable more
effective responses to emergency situations. This will involve working closely with the New
Brunswick Emergency Measures Organization (NB EMO) to develop regional emergency
protocols (specifying mutual assistance agreements between communities), providing
assistance in developing and maintaining local emergency measures plans, and facilitating
training initiatives for regional and inter -regional emergency responses.
Regional Sport, Recreational, and Cultural Infrastructure PIanning and Cost -Sharing
The Commission is responsible for facilitating the planning and cost-sharing of major sport,
recreational and cultural facilities within the region.
The Commission is the entity through which Municipalities and Local Service Districts come
together to identify and reach consensus on the need, the scope and the financing required for
such new facilities (could include the expansion/renovation of existing facilities). Such
agreements could be developed by the Commission on a fully regional or on a sub -regional
basis and would cover both initial capital and ongoing operational costs. In order to secure
provincial funding, the project proponents will be required to obtain support from those
communities expected to benefit from the facilities.
The Commission is required to meet any provincial or other established standards associated
with the services.
Electrical Generation
This department provides electricity to the Solid Waste operations and sells the excess
electricity to Saint John Energy,
3. FINANCIAL INSTRUMENTS
The Commission is exposed to various risks through its financial instruments and has a
comprehensive risk management framework to monitor, evaluate and manage these risks. The
following analysis provides information about the Commission's risk exposure and concentration as
of December 31, 2016.
Credit Risk
Credit risk arises from the potential that a counter party will fail to perform its obligations. The
Commission is exposed to credit risk from customers. In order to reduce its credit risk, the
Commission reviews a new customer's credit history before extending credit and conducts regular
reviews of its existing customers' credit performance. The Commission manages its exposure to
credit risk by requiring its customers to supply a security deposit or a letter of credit. The
Commission has a significant number of customers which minimizes concentration of credit risk.
3
t(:. I "s.RlIri r" �adouintanls
digyk tM�w �.t it k
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
3. FINANCIAL INSTRUMENTS (confd)
Liquidity Risk
Liquidity risk is the risk that an entity will encounter difficulty in meeting obligations associated
with financial Iiabilities. The Commission is exposed to this risk mainly in respect of its receipt of
funds from its customers and other related sources, long term debt, accounts payable and accrued
liabilities and other obligations.
Currency Risk
Currency risk is the risk to the Commission's earnings that arise from fluctuations of foreign
exchange rates and the degree of volatility of these rates. The Commission is not exposed to foreign
currency risk as it does not hold foreign currencies.
Interest Rate Risk
Interest rate risk is the risk that the value of a financial instrument might be adversely affected by a
change in the interest rates. In seeking to minimize the risks from interest rate fluctuations, the
Commission manages exposure through its normal operating and financing activities. The
Commission is not exposed to interest rate risk as its long term debt does not have a variable interest
rate.
Other Price Risk
Other price risk is the risk that the fair value or future cash flows of a financial instrument will
fluctuate because of changes in market prices (other than those arising from interest rate risk or
currency risk), whether those changes are caused by factors specific to the individual financial
instrument or its issuer, or factors affecting all similar financial instruments traded in the market.The
commission is exposed to other price risk through its investment in quoted shares.
4. CASH
2116 2015
Cash restricted for cell construction fund $ - $ 90
Cash - unrestricted 993,190 532,894
$ 993.190 $_ 532,984
S. INVESTMENTS
2016 2015
Investments - restricted for equipment replacement fund $ 200,980 $ 199,475
Investments - restricted for cell construction fund 317,774 _ 667,855
$ 518s�e $ .867.330
154 1. t, t iidcky aid'Al of
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
6. LONG TERM DEBT
MCI
N.B. Municipal Finance Corporation serial debenture,
yearly repayment of principal and semi-annual interest
at 1.65%-2.45%, maturing June 4, 2017. $ 394,000
N.B. Municipal Finance Corporation serial debenture,
yearly repayment of principal and semi-annual interest
at 1.15%-2.35%, maturing July 12, 2019. 3 1810
$ 712,000
2015
$ 780,000
420,000
$ 1,200.000
Aggregate principal payments required over the next three years excluding balloon payments arc
as follows:
2017
$ 498,000
2018
106,000
2019
108,000
7. BORROWING AUTHORITY
Operating Borrowing
At December 31, 2016, there were no borrowings for operations (2015 - nil).
Capital Borrowing
At December 31, 2016, there were no borrowings for capital (2015 - nil).
Inter -fund Borrowing
The Municipal Financial Reporting Manual requires that short term inter -fund borrowings be repaid
in the next year unless the borrowing is for a capital project. The amounts payable between Funds
are in compliance with the requirements.
8. FUTURE CLOSURE AND POST -CLOSURE LIABILITY
The Commission is responsible for the continued monitoring and treatment of the landfill site
following its closure.
The accrued liability for post -closure costs have been determined based on estimated post -closure
costs of $319,264 per year, in future'dollars, for a period of 30 years commencing in 2049. .
Post -closure costs are discountedat a rate of 4.5% (6.5% nominal rate less 2% assumed inflation;
2015 - 4.5% - 6.5% nominal rate less 2% assumed inflation) for a current estimate of $12,675,752
required by the end of 2048 to fund post closure expenses.
The landfill has a capacity estimated at 3,461,674 metric tonnes. At December 31, 2016, the landfill
has 2,149,448(2015 2,210,364) metric tonnes remaining.
5 teed sa doe � u,i � iin
1
FUNNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCLAL STATEMENTS
DECEMBER 31, 2016
8. FUTURE CLOSURE AND POST -CLOSURE LIABILITY (cont'd)
At December 31, 2016, the current value of the post closure liability is $1,176,682 of which the
Commission has funded with cash, bonds and equities with a cost of $1,176,682 (2015 - $1,071,853)
and a fair market value of $1,273,516 (2015 - $1,100,032).
Investment details are as follows:
2.016 2015
Canadian equities (Cost $286,432; 2015 - $274,055) $ 383,266 $ 302,234
Corporate and government bonds 890,250 797,798
$ 1,273,516 $ 1,100,032-
Fair values have been determined based on quoted market rates supplied by CIBC Wood Gundy.
The bonds held by the Commission consist of a mix of corporate and government bonds with
coupon rates ranging from 1.475% to 9.976% and with maturity dates ranging from 2017 to 2046.
The bonds pay interest on a bi-annual basis and, regardless of interest rate fluctuations in the
interim, the rate of interest is guaranteed as long as the bonds are held to maturity;.
The maximum exposure to credit risk would be the fair value as indicated above.
9. COMMITMENTS
Crane Mountain Enhancement Inc.
The Commission has committed to provide $20,000 annually (adjusted for inflation) to Crane
Mountain Enhancement Inc. (CMEI) to fund operating expenditures for such time that the facilities
are operated at the site. The annual payment is reduced accordingly if the cash or near cash assets of
CMEI exceed $60,000. In 2016 funding of $23,790 (2015 - $23,672) was provided for monitoring
and education.
Host Community Enhancement Fund
In order to meet Provincial Government requirements, the Commission allocates a dedicated portion
of the tipping fee to the Host Community Enhancement Fund for special projects designed to
enhance the Facility and it's surrounding communities. For 2000 and subsequent years, while solid
waste is received at the landfill site, the Commission has committed to provide $75,000 per year
(adjusted for inflation) to this Fund (Note 17). The Fund is administered by Crane Mountain
Enhancement Inc. (formerly known as the Fundy Future Environment and Benefits Council) and the
Commission.
t; Ili sic a uw��`ants
56 tw��m
13. srm�fi�aw
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
10. GENERAL FUND SURPLUS/DEFICIT
The Regional Commission Act requires the Landfill Operating Fund, Electrical Generation Fund,
Local Planning Services Fund and Collaborative & Regional Planning Services Fund surplus/deficit,
as per the funding basis of accounting, amounts to be absorbed into Operating Budgets of the second
ensuing year; the balance of the surplus/deficit at the end of the year consists of:
2016 2M
2016 Surplus $ 436,955 $ -
2015 Surplus 269,349 269,349
2014 Surplus - 350,415
$ 706.304 $. 619,764
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NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
14, STATEMENT OF RESERVES
101d�rmc.ir.
2016
2015
ASSETS
Cash
$
-
$ 90
Investments
518,754
867,330
Due from (to) Operating Fund
428,863
j3a4,906)
$
947,617
$ 532,514
ACCUMULATED SURPLUS
$_
947,617
$ 532,514
REVENUE
Transfers from Operating Fund
$
410,000
$ 867,785
Investment income
5,103
16,220
415,103
884,005
EXPENDITURE
Transfers to Capital Fund
-
2,974,772
ANNUAL SURPLUS (DEFICIT}
$_
415,103
$ (2,090,767)
Name of Investment
Savings Account
$
518.754
$__ _ 867.,330
101d�rmc.ir.
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCLAL STATEMENTS
DECEMBER 31, 2016
1. STATEMENT OF RESERVES (cont'd)
Resolutions regarding transfers to and from reserves:
Moved by Director Baxter, seconded by Director Speight that $350,000 be transferred from the
Operating Fund to the General Capital Fund. Motion made on December 14, 2016.
Moved by Director Darling, seconded by Director Grant that $20,000 be transferred from the
Operating Fund to the General Capital Fund. Motion made on December 14, 2016.
Moved by Director Darling, seconded by Director Grant that $15,000 be transferred from the
Operating Fund to the General Capital Fund. Motion made on December 14, 2016.
Moved by Director Darling, seconded by Director Rathburn that $25,000 be transferred from the
Operating Fund to the General Capital Fund. Motion made on December 14, 2016.
Moved by Director Losier, seconded by Director Chatterton that $126,237 be transferred from the
Operating Fund to the Post Closure Fund. Motion made on December 14, 2016.
I hereby certify that the above are true and exact copies of resolutions adopted at Commission
meetings. � • '
i
Executive Director, '
FUNDY REGIONAL SERVICE COMMISSION
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FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
01 moll / t_a_ e1ji-W.4 W 009113311_t1r.3 4.11)' ' t ; 1
$ 2 $ 5,281,040 $==5
,051,297 $ 5,471,182
EXPENDITURE
2416
2416
24].x.
2415
LANDFILL
Under (Over)
Budget
Actual
Actual
REVENUE
Member charges
$ 16,629 $
67,875
$ 51,246 $
57,904
Collaborative and regional
(8,032)
124,500
132,532
78,149
planning services
$ -
$ 47,834
$ 47,834
$ 68,936
Local planning services
1.
103,607
103,606
268,953
Solid waste tipping fees
56,584
2,466,160
2,409,576
2,151,632
Amortization
$ 56.585
$ 2_,617,601
$ 2,561,016
$ 22 4
Sales of services
17.475
763,396
745,921
711,474
Tipping fees from other sources
Industrial, commercial,
institutional
$ 276,132
$ 4,445,840
$ 4,169,708
$ 4,700,084
Construction and demolition
and special waste
8,532
241,200
232,668
236,71.9
Compostable organics
26,653
229,000
202,347
179,203
Recycling commodity sales
(80,969)
185,000
265,969
164,836
Electrical generation
20,992
150,000
129,008
147,587
Other
(21,597)
30,000
_ 51,597
42,753
$ 2 $ 5,281,040 $==5
,051,297 $ 5,471,182
EXPENDITURE
LANDFILL
Administration
Office and administration
$ 16,629 $
67,875
$ 51,246 $
57,904
Professional services
(8,032)
124,500
132,532
78,149
Personnel
5,588
184,999
179,411
211,355
Insurance
(8,514)
130,200
138,714
117,796
Property taxes
10,142
233,100
222,958
221,337
Amortization
1,662
22.722
_ 21,060
24,933
17.475
763,396
745,921
711,474
4teed saunders accountants
2 l & advisors
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
16. REVENUE AND EXPENDITURE SUPPORT (confd)
2M 211.6 2016 2915
Under (Over) Budget Actual Actual
Operations
Daily cover
Site Iabour
Site non -labour operation
Site maintenance
Scalehouse
Leachate management
Special waste handling
Environmental health and safety
Household hazardous waste
Support to CMEI monitoring
and education
Host Community Enhancement
Fund (Note 17)
Provision for future closure and
post -closure costs
Interest on interim financing and
long term debentures
Amortization
74,935
130,000
55,065
114,909
1,006
677,120
676,114
719,077
52,572
380,684
328,112
313,138
(607)
32,800
33,407
35,470
965
182,321
181,356
194,156
31,279
571,937
540,658
642,915
883
8,500
7,617
7,705
2,091
144,205
142,114
141,354
(4,893)
37,500
42,393
44,192
r
23,790
23,790
23,672
-
86,722
86,722
86,291
21,408
126,237
104,829
99,025
6,692
6,692
12,715
(35,617)
642,442
678,059
972.687
144,.022
3,050,950
--2,906,928
_3,407,306
Waste Diversion - Recycling Program.
Drop-off depot system 62,666 775,390 712,724 861,713
Amortization (296) 128,963 _ 129,259 126,939
62,370 904,353 941,983 988,652
Waste Diversion _ Composting Program
Processing 217,036 771,066
Interest on interim financing and
long term debentures 16,359
Amortization 7.425) 366,936
MaMA161I
Public Education
Personnel 6,609 140,314
Advertising, tours and
promotional material 27,965 90,600
Administration 2,971 23,554
37,545 254,464
2265
554,030 550,433
16,359 22,487
384,361 359,669
954 50 932,589
133,705 137,249
62,635 54,641
20,579 22.059
216,919 213,949
FUNDY REGIONAL SERVICE COMMISSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31., 201.6
16. REVENUE AND EXPENDITURE SUPPORT (cont'd)
2016
Under (Over)
Material Recycling Facility
Labour
14,942
Fuels, lubes and maintenance
(5,040)
Processing
24,749
Miscellaneous
455
Electricity
(1,172)
Amortization
(3 46)
73,000
33,588
$ 494,611
CORPORATE SERVICES
Administration $ 30,631
Governance 7,663
$ 3 8,294
LOCAL PLANNING SERVICES
"J6
2016
2015
Budget
Actual
Actual
405,034
390,092
370,414
41,650
46,690
23,296
73,000
48,251
69,166
15,725
15,270
14,386
20,000
21,172
21,364
57,177
57,523
56,223
612,586 __ 578,998 554,849
$ 6.740.110 $ 66 2 $ 6,808,819
$ 208,585
68,000
$
177,954
60,337
$
212,279
63,059
$ 276,585
$
238,291
$
275,338
Administration $ (2,404) $ - $ 2,404 $ 2,344
Planning services 74,691 101,350 26,659 25,735
Inspection services 19,282 156,501 137,219 127,089
$ 91.569 $ 257.851 $ 166,282 $ 155,168
COLLABORATIVE AND REGIONAL PLANNING SERVICES
Regional planning ' $ 2,500 $ 2,500 $ - $
Regional policing collaboration 2,500 2,500 - 1,920
Regional emergency measures
planning 2,500 2,500 -
Regional sport, recreation and
culture infrastructure planning
and cost sharing (2,M) 2.500 _ 5,250 6,665
$4 750 $_ 0000 $ 5.250 $ 8.585
ELECTRICAL GENERATION
Labour
Administration
Equipment repairs and fuel
Electricity
Amortization
$ (22,717) $ 91,859
11,707 14,940
2,243 98,950
1,150 3,000
(17,935) 291,745
$ 25 552 $_ _500,494
$ 1143576 $ 117,018
3,233 4,537
96,707 63,638
1,850 -
309,680 307,555
$. 526,046 $ 4
teed
2 6 n I a cuuntants
& advisors
FUNDY REGIONAL SERVICE COAINHSSION
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
DECEMBER 31, 2016
17. HOST COM vI [TY ENHANCEMENT FUND EXPENSES
Recipient
Pro meet description
Inglewood School
Light garden $
Apple trees and notebooks
RV Middle School
Power meters and projectors
KBM Community Centre
Flooring in front entrance
River Valley Track Committee
Lighting
RV Community Centre
Replace dehumidifiers
Grand Bay Baptist Church
Control computer upgrade (ice plant)
Emergency lights
RV Volunteer Hunter Education
Sponsor young hunters
Grand Bay Primary School
Butterflies
Westfield Elementary
WITS program
Replace gym floor
River Road Community Alliance
Walk and Talk
Morna Heights Home and School
Chair and tables for the gym
Milk refrigerator
Grand Bay Legion Branch 22
Heat pumps
Ketepec Scouts
Exhibition sleds, LED lanterns
Snowshoes and supplies
Martinon Community Centre
Renovate upstairs
Grand Bay -Westfield
Volunteer Firefighters
Beds
Friends of Blueberry Hill
Various
Signage and trails maintenance
RV Middle School
Outdoor classroom
NB Black History Society
Storyboard signage at Brundage point
Grand Bay - Westfield
Allergic Reaction Committee
Allerject TM Stations
Grand Bay Baptist Church
Community Garden & shed
247
2016 2US
799 $
3,171
1,830
21,676
7,613
400
600
300
2,696
15,464
827
10,779
1,206
8,000
4,060
4,582
2,719
715
14,434
44,642
600
1,607
7,000
6,066
2,167
2,028
2,069
4,963
$ 86.291
All*� �,�
COUNCIL REPORT
M&C No.
2017-97
Report Date
April 10, 2017
Meeting Date
April 18, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. BeaverTails Mobile -Unit Licence Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Curtis Langille
I.Fogan/K.Fudge
m
I Jeff Trail
RECOMMENDATION
1. That the City enter into the Licence agreement with Beavertails
Commercial Inc. and Parent and Sons Investment Ltd. as attached to
M&C 2017-97, and further
2. That the Mayor and Common Clerk be authorized to execute the said
Licence Agreement.
EXECUTIVE SUMMARY
BeaverTails is a food vendor franchise that is seeking approval from the City to
operate one of its mobile units in 2017 on City owned Loyalist Plaza. Saint John
Waterfront Development manages and maintains the City owned lands, included
as part of the Loyalist Plaza. Saint John Waterfront Development has reviewed
and is in agreement with the terms and conditions for this season, which are set
out in the attached Licence document that has been prepared by the City's Legal
Department.
PREVIOUS RESOLUTION
Common Council at its meeting of April 4, 2016 approved the operation for a six
month period of the BeaverTails mobile unit on City owned property, near the
Little Red Schoolhouse.
C�:3
-2 -
STRATEGIC ALIGNMENT
Providing for entrepreneur opportunities in the City's Uptown Core aid in
creating a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
REPORT
BeaverTails wishes to locate one of its mobile units on City owned property
within the Loyalist Plaza area (see attached map) for a fifth consecutive year.
The attached terms and conditions of the Licence Agreement are essentially the
same as per the previous year, except for a 5 per cent rent increase.
If Council is in agreement, the following recommendation will facilitate
Beavertails mobile unit to once again be in operation for the season of 2017 on
City owned property.
SERVICE AND FINANCIAL OUTCOMES
The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the
vitality and commercial offerings in the City's Uptown area. Staff has negotiated
a 5 per cent increase in the monthly rent over last year.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Saint John Waterfront Development has reviewed the attached Licence
document and is in agreement with its terms and conditions. The City's Legal
Department has prepared the Licence Agreement.
ATTACHMENTS
Licence Agreement with BeaverTails Commercial Inc.
C:1%]
100AVAr-4071
THIS LICENCE, made in duplicate as of the — dayof.___.__._. 2017,
0 ZZEMKOM
Province of New w:,runswick, her�einaifter called the
"Licensor",
BEAVERTAILS COMMERCIAL INC., a body
corporate duly incorporated under the laws of
Canada, having its head office in the City of
Montreal in the Province of Qiuebec, and PARENT
AND SONS INVESTMENTS LTD., a body
corporate duly incorporated under the laws of the
Province of New Brunswick, having its head office
in the Cit,,! of Saint john in the
and Province of New Brunswick, hereinafter
co,lIectively called the "LiceinSeeS",
WHEREAS the Licensor is the owner of the lands bearing PID number 5501189
shown on Schedule A attached hereto and forming pairt hereof (hereinafter the "Lands']
AND WHEREAS the, Licensees wish to operate a BeaverTails mobile unit in t
northeast corner of the Lands highl:ighted in red on Schedule "A" (hereinafter t
"Licensed Area"Y I
ANDWHEREAS the Licensor has agreed to give the within Licence under t
te!rms and conditions hereinafter set forth; I
NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration
of the sum; of Two Dollars of lawful money of Canada now paid by the Licensees to, the
Licensor, the receipt and sufficiency whereof is, hereby acknowledged,, the, Licensor does
hereby grant, subject to the terms, conditiions, covenants and provisions herein
contained,, permission and Licence to the Licensees to enter into and upon and exit from
the Lands for the sole purpose of using the Licensed Area to set up and operate a
Me]
Licence Agreement
The City of Saint John and ReavertaHs Cornmerc4l Inc.
Page 2 of 4
BeaverTails mobile unit for the term of this Licence, on the following terms and
conditions.
NOR
11 This, Licence sh,a!ll be for a period' of six (6) months, beginning on April 19, 2017
and ending October 19, 2017 (the "Term"),
Z The Licensees shall' pay to the Licensor for the permission and license herein
N iven the sum of Two Thousand, Seven Hundred and Seventy -Two Dollars!($2,772.00)
(Canadlian do��ars) exclusive of HST payable in six (6) equal installments of Four
Hundred and &xty-Two Dollars ($462,0,0) (Canadian dollars) each payable on the 15,h
N. y of each aind every month fromi, and Including April 19, 2017 and including September
19, 2017,
3. The Licence may be terminated at any time by the Licensor giving to the
Licensees thirty (30), days written notice to terminate this Licence or by one (1) or both of
the Licensees giving to the Licensor a like notice.
4Notice to the Licensor shall be to the Common Clerk of the City of Saint John
15 Market Square, P.0, Box 1971, Saint John, New Brunswick, E2L 41-1, with, a copy
Saint John Waterfront Dieveiopment at One; Market Square, Suite 301, Saint Johnii, Nei
Brunswick, E2L 4Z6, Attention: Kent Macintyre,
Notice to the Licensee BeaverTails Commercial Inc. shall be by email
ELe nabe�averta�lls.qqrn and to the Licensee Parent and Sons Investments Ltd, at
Burnside Crescent, Saint John, New Brunswick, E2M 5P'4
5. The Licensees agree and acknowledge: that there is a pending Development on
the Lands.
6[lotwithstanding anything else herein contained, this Licence may be terminated
forthwith without notice to the Licensees in the event that either one or both of the
Licensees shall, in the opinion of the Licensor, be in default of any of the terms and
conditions, of this Licence
a) that they shal�l only use the Licensed Area for the location and operati'll
N f the BeaverTai:ls Mobile, 'Unit for the sale of food products;
b) that they shall' pay for all connection and operational costs associat
with electrical power, water and drainage for the BeaverTaft Mobile Uln
and for the disconnection of same upon completion of the Term;
71
Licence Agreement
The City of Saint John and Beavertails ComnnercW Inc,
Page 3 of 4
c) that the hours of operation will conform to daily retail hours, weather
permitting and will not exceed 1:00 a.m. daily;
d) that only the BeaverTails Mobile 'Unit is permitted in the Licensed Area
(no passenger/cargo, vehicles), -
e) that they shall comply with all applicable Canadian Food Inspection
Agency and other applicable regulations and legislation;
f) that they shall not use the Licensed Area foir any other purpose than that
which is stated at paragraph a) hereof;
g) that they shall keep the area around the BeaverTails Mobile Unit clean
and tidy at all times and clean up da!ily in the immediate area :surrounding
the BeaverTails Mobile Unit. Clean up shall include the disposal of
any/aIll debris associated with fast food delivery (pop cans, bottles, coffee,
cups, napkins,, plates, utensils and related arficles) within a 40, foot
diameter of the BeaverTails Mobile Unit;
Ih) i i 11 that they shall, at no expense to the Licensor, obtain and mainta n n fu
force and' effect during the ent�ire term of this Licence, a Commerclal
,General Liability Insurance policy with pof not less, than five
million doHars ($5,000,000.00) inclusive per occurre,nGe for bodily injury
and property daimage; which policy shall name the City as an additional
insured and shall contain, a cross -liability clause;
I) that they shall, on or before April 19, 2017, submft to the City a Certificate
of Insurance or other satisfactory evidence of having obtained and
mai'ntained'the Insurance coverage required at paragraph •
h) hereof;
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOW&
9. No change or modification of this Licence shall be valid unless it is in writing and
signed by the Licensor and the Licensees.
10, This Licence supersedes and takes the place of all prior agreements entered into
by the parties with respect to the Licensed Area.
11. This Licence shall not be, enforced or bind any of the parties thereto, until
executed by all the parties named in it.
12. Notwithstanding any clauses herein, the, Licensees do hereby indemnify and
save harmless the Licensor from all damages, cost, claims,, demands, actions, suits or
other proceedings by whomsoever claimed, made, brought or prosecuted in any manner
Licence Agreement
The City, of Saint John and Beavertails Commercial Inc.
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 wit�h the use of the Licensed Area
and BeaverTails Mobile Unit pursuant to the within Licence or anythling done oir
purported to be done in any maniner hereunder, except for damages caused by the
City's negligence.
THIS LICENCE shalll en,ure to the benefit of and! be binding upon s�u!ccessors and
assiN ns of the parties hereto respectively.
,SIGNED, SEALED & DELIVERED )
In the pOF SAINT J0j
•
rig]
MMOTM
mro AM
2017
rAE'|
Q
COUNCIL REPORT
M&C No.
2017-91
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Stop -Up and Closure and Subsequent Grant of Easement for Portion of
Grannan Street
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
I.Fogan/K.Fudge
Jeff Trail
RECOMMENDATION
It is recommended Common Council adopt the following resolution:
1. That the Public Hearing to consider the passing of a By-law to Stop Up and
Close a 4.0 square metre portion of a public street known as Grannan Street,
as shown on a Plan of Survey (see attached), be set for Monday, May 15,
2017 at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention to
consider passing of such By-law identified above; and
3. In the event that a 4.0 square metre portion of Grannan Street, as shown on
the attached Plan of Survey is stopped -up and closed; the City being neither
explicitly nor implicitly obligated to enact any by-law to stop -up and close
any public street, the City grant an easement over the portion of closed
street, pursuant to the Agreement attached to this report as Schedule "A"
and the Mayor and Common Clerk be authorized to sign all pertinent
documents.
EXECUTIVE SUMMARY
The City of Saint John has received a request to stop -up and close a small portion of
Grannan Street, and if approved, to grant an easement to the adjoining property
owner, Historica Quattro being in the former Bustin's building. A new tenant to the
building at civic #38 Grannan Street requires a set of stairs that will be used to
access the new storefront built for Punch Productions. The access to the building
would be two feet above the level of the sidewalk. As the building facade
immediately abuts the end of its property limits, the stairs are intended to protrude
75
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onto an existing sidewalk, forming part of Grannan Street right-of-way. Real Estate
Services have consulted with Municipal Operations and Growth and Community
Services to determine the area of land required for the new access, while at the
same time, satisfy present and future needs for the street right-of-way.
Infrastructure and Development are supportive of the street closure process. The
proponent is responsible for all costs incurred for the necessary public advertising
and associated administrative costs, including the costs associated with the plan of
survey.
PREVIOUS RESOLUTION
n/a
STRATEGIC ALIGNMENT
This report aligns with the Council Priority of Citizen focused service delivery.
REPORT
Historica Quattro, owner of the property at the corner of Grannan and Germain
Streets has approached the City to stop -up and close a 4.0 square metre portion of a
Grannan Street right-of-way, as shown on an attached plan of survey. If successful,
it is the intent of the owner to acquire an easement from the City to provide for the
required area to construct an access to a new tenant within the building.
Municipal Services are supportive of the proposed street closure, provided the City
retains ownership of the closed portion of street. There is no anticipated impact on
routine maintenance activities nor any negative impact on planned capital work in
the foreseeable future. The City's Legal Department has prepared the attached
agreement for the grant of easement and in doing so, sought to protect the City's
interests.
The recommendation contained in this report is only to initiate the necessary
processes and would not bind the City to effect the street closing. Should the street
be stopped -up and closed, the City may convey the desired easement. This report
cannot and does not pre -suppose Council's decisions with respect to the bylaws that
would need to be adopted.
SERVICE AND FINANCIAL OUTCOMES
The proponent is responsible for all costs incurred regarding this process
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have provided input to this report:
Growth and Development Services;
City Solicitor's Office; and
Finance and Administrative Services.
01.1
ATTACHMENTS
1. Location Map; and
2. Offer Grant an Easement;
3. Plan of Survey.
rrA
-3 -
M-11
AMPO
Offer to Grant an Easernent
Portion of Grannan: Street (if stopped -up and closed)
In the event that the portion of Grannan Street, as shown on the attached Plan of
Survey titied, "Plan of Survey Showing portion of Grannan Street, City of Sa�nt John,
Saint John County, New Brunswick", prepared onslultan:ts inc, and
dated January 30, 2017, havi�ng a totall area of 4.0 square metres (43 square feet), is
stopped -up and closed, The City of Saint John offers an easement in the land to Historica
Quattro GP inc, as General Partner for Historica Quattro Limited Partnership (H'istorica
Quattro) for the, sum of One Dollar ($1.00),
As part of the transactioni, Thle City of Saint John (City) is responsible for the preparationi
4 t d. -A
requirements, prior to the consideration by the Common Council of the said City to
stop -up and close a street,
The Plan of Survey required to show the above mentioned portion of Grannan
Street and the costs associated with the public notifications that are required
under the procedural: requirements, including translation cost and all
administrative or registration costs required to effect the street closing and all
subsequent costs incurred to secure their easement interest;
2. A deposit by certified cheque foir Two Thousand Five Dollars 00) must be
received by the City of Saint John prior to the commencement of the process to
consider stopping up andclosing a portion of Grannan Street. In the event the,
street is riot stopped -tip and closeid, the deposit less the cost of advertising and
translation will be returned to Historica Quattro.
In the event the above noted portion of Granna;n Street is stopped-ulp and closed an
easement shall be grainted by the City to Hist,orica Quaittro to permit construction,,
placement, use, maintenance, repair and replacement of a stairway to the building so
long as it is required for the benefit of the buil&ng, located on PID No. 10884, Historica
Quattro shall for itself, its successors and assigns shall:
Release and indemnify and, save harmless the City from all actions, causes of
acti�on, suits, demands and any claims whatsoever which Historica Quattro had,
has or may have had against the City for any damage or loss caused should the
Reimburse, annually, the City for any real property tax levied against the
easement lands; and
Exact from any assignee covenants, the same as those contained in the
easement to Historica Quattro,
This offer is effective upon adoption of a resolution of the Common Council of the said
City
Should the City make the Offer as herein before stated, Historica Quattro hereby
signifies its acceptance of same:
Darted this day of L - 2017'.
by its General Partner
Hist r' a uat G. P. inc.
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COUNCIL REPORT
M&C No.
2017-82
Report Date
April 12, 2017
Meeting Date
April 17, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2017 - 463001P Sewage Pump Replacement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Jordan Moran
Brent McGovern
m
I Jeff Trail
RECOMMENDATION
It is recommended that:
Request for Proposal No. 2017-463001P: Sewage Pump Replacement be
awarded to Xylem Canada Company at the cost of $281,815.49 excluding HST.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award the supply,
delivery and commissioning of two (2) dry pit submersible pumps at the Thorne
Avenue Pumping Station (Sanitary Lift Station No. 4) to Xylem Canada Company.
PREVIOUS RESOLUTION
July 2016; 2016 Water & Sewerage Utility Fund Capital Program Adjustment
(M&C No. 2016-208)
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Sustainable Infrastructure.
E:3►
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REPORT
BACKGROUND
Two (2) of the four (4) pumps at the Thorne Avenue Pumping Station (Sanitary
Lift Station No. 4) are in need of replacement in order to ensure reliable
operation of the facility.
PURPOSE
The purpose of this report is to make a recommendation for the engagement of
an equipment supplier for the supply, delivery and commissioning of two (2) dry
pit submersible pumps at the Thorne Avenue Pumping Station (Sanitary Lift
Station No. 4).
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from Xylem Canada Company to provide supply,
delivery and commissioning services for two (2) dry pit submersible pumps at the
Thorne Avenue Pumping Station (Sanitary Lift Station No. 4) is $281,815.49
excluding HST. This cost is based on an estimated 16 week period that includes
the aforementioned components (supply, delivery and commissioning). In 2016
$600,000 from the Water & Sewerage Utility Fund Capital Program was allocated
for this project (M&C No. 2016-208). Installation of two new pumps will improve
operational reliability and service continuity of essential community service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to
solicit proposals for the sewage pump replacement at the Thorne Avenue
Pumping Station (Sanitary Lift Station No. 4).
As such the RFP closed on Thursday, March 16, 2017 with the following
companies responding by submitting proposals:
Atlantic Purification Systems Ltd. — Dartmouth, NS
KSB Pumps Inc. — Sussex, NB
Xylem Canada Company— Dartmouth, NS
Sansom Equipment Ltd. — Fredericton, NB
E:ic3
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A review committee, consisting of staff from Materials Management, Saint John
Water and the City's Consultant, CBCL, reviewed the submission for
completeness and compliance with the RFP requirements and selection criteria
consisting of the following:
1. Technical Merit
2. Demonstrated Delivery on Similar Projects
3. Vendor's Servicing Capabilities
4. Capital and Life Cycle Cost
The proposal submitted by Xylem Canada Company was ranked highest by the
evaluation committee and met all the requirements set forth in the RFP at a cost
acceptable to staff.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
N/A
E:i!
April 12, 2017
To: The Mayor and Council of Saint John
I am contacting you about my extreme disappointment with the recently released Growth
committee report and its recommendations for growing our city.
First, I am concerned that the GrowSJ committee met behind closed doors and the citizens did
not see the recommendations until the report was released. The report was released only after
being voted on by council. This is not a fair and open procedure. Citizens do not appreciate not
being consulted. Much time and effort was put into P1anSJ and citizens were consulted at that
time. Why the change?
The two suggestions I am very opposed to are the short sighted and backward ideas to sell City
parkland. Our existing City parkland encourages citizens to live inside the city limits. Parkland is
invaluable and adds to our quality of life. I do agree with any plans to try to sell city owned
buildings that are not being used. Or any empty building lots. The parkland, being discussed, at
Tucker Park and 41671 Sand Cove Road were both given to the City with the stipulation they
must be used as parkland. Surely selling them now is illegal and unethical? Why would citizens
donate land to the city if they thought it would be sold and developed later? Tucker Park Beach
is the only publically accessed waterfront in Millidgeville on the Kennebecasis River. The
Rockwood Park lot at #1671 Sandy Point Road is very close to Harrigan lake and more
development there will likely cause damage to the water and animals. It is also very close to the
entrance to the park, the trails and Cherry brook zoo. It has already been damaged by excavation
that happened several years ago and if anything it should be repaired and returned to its original
state. It is shameful the damage that was allowed within the park borders several years ago and
never remedied.
I live in Millidgeville and use Rockwood Park often. One reason I live in Millidgeville is
because of the park being so near. I usually walk in the areas of the park that are near the golf
course, the old ski hill, Harrigan Lake and Dark Lake. I escape to the parkland. However, I am
getting fed up with the development in our area that is poor quality, unfinished and often sitting
empty. Many attempts have been made to start housing developments. There are empty, unsold
lots and unfinished dead end roads and blasted rock. Field Stone Estates, across from Cherry
Brook zoo, and Arlington Drive, off University Avenue, are two examples of ugly failures. The
city should not be in there as well, competing with land owners who are struggling.
E:16'7
Continuing to cut trees and dig up greenery just makes Millidgeville uglier and less appealing.
Destruction of parkland only devalues the area. There has been a lot of development in the
University Avenue area. There is the huge Shannex Senior and Nursing complex and a soon to
open Jean Coutu drugstore on University avenue; as well as the Tim Hortons and Wendy's
restaurants and various new apartment buildings. But there has been no real repair to the street or
sidewalks on University. It is very old and worn out and dangerous. What is the sense of talking
about more development if we cannot look after what we have now? Improving well used streets,
sidewalks and infrastructure in the area might encourage growth. Adding green might encourage
growth. The city of Saint John needs to better look after the parkland that has been neglected for
years. Add garbage cans, benches, picnic tables and signs. Open the gate at Tucker Park. Plow
the road. Take care of the trails in Rockwood Park. Encourage people to walk and use it. The
problem is that too much of it has been allowed to fall into disrepair. You cannot just focus on
the front of the Park and the area near Lily Lake. Millidgeville is supposed to be a growth area
too. Growth doesn't just mean businesses and buildings. Growth means more people and outdoor
space and attractions and recreation and public transportation and real neighbourhoods. Quality
of life adds to growth. But, the more we allow Millidgeville to be cut down and dug up the less
that people will want to live in the city and will move outside.
Cindy Kilpatrick
60 Candlewood Lane
Saint John
C.C. Jeff Trail
E:11.1
COUNCIL REPORT
M&C No.
2017-105
Report Date
April 12, 2017
Meeting Date
April 17, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Central Peninsula Neighbourhood Plan Digital Engagement Contract
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Jeffrey Cyr
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
1. That the City enter into a Hosted Services Agreement with CoUrbanize for
digital engagement software services in the form attached to M&C 2017-
105; and
That the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
EXECUTIVE SUMMARY
Preparations are currently underway for the public launch of the community
engagement program for the Central Peninsula Neighbourhood Plan. One
component of the engagement strategy will be the launch of a digital
engagement platform to broaden the reach of the engagement program. Staff
undertook a pricing exercise to identify digital engagement platform options that
provided the greatest value for the City of Saint John. In this instance, the most
affordable option also provided the greatest value and platform capabilities.
Therefore, it is recommended that the City move forward on executing a
contract with CoUrbanize for digital engagement services.
PREVIOUS RESOLUTION
On January 23rd, 2017 Common Council adopted the following resolution.
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"RESOLVED that as recommended by the City Manager in the submitted report
M& C 2017-005: Central Peninsula Neighbourhood Plan — Neighbourhood
Action Team & RFP, Common Council:
1. Approve the creation of the Neighbourhood Action Team for the Central
Peninsula Neighbourhood Plan and direct Community Planning staff to launch a
recruitment effort to fill the proposed 7 seats that will comprise the
Neighbourhood Action Team and refer a list of candidates to the Nominating
Committee;
2. Request that Uptown Saint John identify one of its members to sit on the
Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan and
refer his/ her name to the Nominating Committee;
3. Appointment of the two Ward 3 Councillors to the Neighbourhood Action
Team for the Central Peninsula Neighbourhood Plan; and
4. Authorize Community Planning staff to issue an RFP for consulting services in
support of the Central Peninsula Neighbourhood Plan."
STRATEGIC ALIGNMENT
As a priority related to a Vibrant Safe City and Growth and Prosperity, focusing
strategic investments in the City's core will accelerate urban growth, reduce
urban sprawl and encourage a more compact, livable and fiscally sustainable
community.
Report
The Central Peninsula Neighbourhood Plan is an important tool to both guide
and encourage positive change and development in Saint John's core urban
neighbourhood. Through a comprehensive community engagement process, it
will enable the community to play a central role in shaping the areas where they
live, work and play. The plan will also identify the actions, programs and services
needed for the City and its community partners to undertake in order to
implement PlanSJ at the neighbourhood level.
Digital Engagement Platform Review
A public engagement strategy is currently being refined and finalized in
preparation for the official public launch of the project. Public engagement is a
central feature of the neighbourhood planning exercise, which helps to identify
challenges and opportunities within the neighbourhood, develops a vision and
actions that matter to the community, and builds community buy -in and
ownership of the neighbourhood plan. One component of the engagement
strategy is the launch of a digital engagement platform to increase public
participation. Digital engagement platforms are a relatively new tool that allow
E:1:3
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municipalities to reach a broader audience by providing the ability to share
feedback and review materials online. They have become a standard tool used
for public engagement campaigns across Canada and the United States. The
digital engagement strategy will be in addition to a broader program of
community engagement.
To identify the highest value options for digital engagement for the Central
Peninsula Neighbourhood Plan, Growth and Community Development Services
solicited quotes through its request for proposals for project consulting services
and also explored other digital engagement platforms independently. A total of
eight platforms and consultant proposals were reviewed. The goal was to
identify a cost effective solution to undertake meaningful digital engagement for
this project, which included the following desired capabilities:
• The ability to engage the community continuously throughout the project
on a variety of topics and issues;
• The inclusion of an interactive online map that allows individuals to place
comments and feedback on particular locations;
• Built in content monitoring and analytics;
• A central repository of data and feedback that can be viewed by the
public;
• Ability to provide the service in both official languages; and
• A cost effective solution.
The results of this pricing exercise showed a typical range of $10,000 to $25,000
for the cost to implement a digital engagement strategy. The results
demonstrated that the high cost solutions did not necessarily provide the widest
range of digital engagement tools. In this instance, the most affordable option
also provided the greatest value and platform capabilities. Therefore, it is
recommended that the City of Saint john move forward on executing a contract
with CoUrbanize for digital engagement services.
CoUrbanize Overview
CoUrbanize is a company that was started with the goal of bringing cutting edge
engagement technology to community planning, development and construction
in both the public and private sectors. As a cloud based system designed
specifically for community planning engagement, it provides an "out of the box"
solution that is extremely cost effective and includes unique tools that add
significant value to the project. The services provided for in the contract also
include system training for staff, support in developing an online community
engagement strategy, and content monitoring services throughout the duration
of the project.
E-lue
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The CoUrbanize online digital engagement platform was identified as the
platform that best meets the needs of the project at the lowest price. It acts as a
project web page and includes the following capabilities:
• The launch of multiple online maps at one time;
• Hosting community surveys;
• Hosting SMS text messaging campaigns designed to increase participation
in communities with limited internet access;
• Ensure that users are providing real names and contributing to honest
and open discussion;
• Produces project engagement analytics which includes community
"values and opinion tracking" based on predefined themes; and
• Can be hosted and updated continuously throughout the project.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost for use of the CoUrbanize digital engagement platform is
$798 per month of usage. It is estimated that the project would require the
software for approximately 8 months, resulting in a total cost of $6,384. The City
of Saint John reserves the right to terminate the contract with 30 days prior
written notice.
Applications have been submitted for partial funding of the project from the
Federation of Canadian Municipalities Green Municipal Fund and the Province of
New Brunswick's Environmental Trust Fund. The application for funding from
FCM has completed the peer review process and has received a very positive
recommendation to the board of the Green Municipal Fund. Staff are optimistic
regarding the potential for a successful outcome for the City, which could
potentially yield up to a maximum of $132,200 in project funding. The fees for
the digital engagement platform would be considered an eligible cost for
reimbursement. Further information on the status of the Environmental Trust
Fund applications is still pending.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
In preparation of this report, the Growth and Community Development Services
Department received input and assistance from the Legal Department for the
review of the agreement and the Materials Management Department to ensure
the contract meets the City's procurement policies.
The City's Information Technology and Geographic Information services were
engaged regarding the use of the CoUrbanize digital engagement platform. IT
support for the engagement system will be provided by CoUrbanize and will
place minimal impact on the City's information technology service
0I91
ATTACHMENTS
-5 -
CoUrbanize Hosted Services Agreement
021
v coUrbanike
coUrbanize
35 Kingston Street, Unit 1
Boston, MA 02111
Proposal for
Saint John Neighborhood Plan
Jeffrey Cyr
April 3, 2017
ON
About coUrbanize
coUrbanize is a community engagement and communications management platform for urb
development projects. Community members use coUrbanize to learn about reall estate a
planning projects and share their input. Real s
municipalities list projects on coUrbanize to share information and gather broader communii
member feedback and support to enhance the in-person meeting process. I
coMap Platform
• Customizable coMap map -based platform
o Ability to upload GIS files to customize the coMap base layer
• Simple signup process
• Follow feature allows community stakeholders to subscribe to email updates
about project developments
• Timeline to track meetings and new milestone events
• Survey integration
• Info & Plans section to store document files and links
• Ability to write online comments and "support" or "like" comments
o Requires online users to signup with real names. This keeps conversations
authentic and keeps commenters accountable
• Automatic email notifications when a person responds to or supports your
comment
• Analytics to show sentiment trends in community input
• SMS integration for commenting and following via text message
o Including text message response in French
• Integrated English / French (Canadian) translation software system
• Optimized for web, tablet and mobile user experiences
Additional coUrbanize Support
coUrbanize support includes:
• Project Team training and support with coUrbanize onboarding resources and 2
complementary 30 -min sessions
• Community engagement support based on best practices to assist the Project
Team with engaging community members to provide input and feedback
including:
019]
o Content strategy
o Social media support
o Printed media strategy
Dedicated Customer Success team member
Continual monitoring and rectifying of any spam, profanity and other Community
Guidelines infractions by the coUrbanize team via automatic and manual
moderation
Tech support via online chat, email or phone
Pricing
Timing: April — December 2017
Service Monthly Fee
coMap Features + Additional Support $600 USD
The Monthly Fee will be payable quarterly from the date of project team access of the platform
Additional
• Saint John allows coUrbanize to use its name within its customer lists (including
on the coUrbanize website)
�L!
coUrbanize — Hosted Services Agreement
This Hosted Services Agreement (including all attachments referenced herein, "Agreement") is between coUrbanize, Inc., a Delaware corporation
(coUrbanize) and the company listed below ("Customer'). Each of coUrbanize and Customer may be referred to herein individually as a "Party" or
collectively as the "Parties."
Customer:
Address: Phone:
Billing contact / Title: Email:
IN CONSIDERATION OF THE MUTUAL PROMISES BELOW AND OTHER GOOD AND VALUABLE CONSIDERATION THE SUFFICIENCY OF
WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
BACKGROUND
coUrbanize offers a commercially available software application
available as a service over the Internet used for urban development
community management (the "coUrbanize Software"). Customer
desires to license from coUrbanize the right to use the coUrbanize
Software in accordance with the terms and conditions set forth herein.
1. LICENSES; RESTRICTIONS
1.1 Access to Services and Licenses. Subject to the terms and
conditions of this Agreement, coUrbanize hereby grants Customer a
non-exclusive right to access and use the coUrbanize Software solely
for its business purposes as contemplated by the Agreement.
1.2 License Restrictions. The license set forth in Section 1.1 is
granted subject to the following restrictions:
(a) the coUrbanize Software shall be used or accessed only by
Authorized Users (as defined below); and
(b) Customer shall not: (i) license, sublicense, sell, resell, rent,
lease, transfer, assign, distribute, time share or otherwise
commercially exploit or make the coUrbanize Software available
to any third party, other than as expressly permitted by this
Agreement; (ii) use the coUrbanize Software to process data on
behalf of third parties, (iii) interfere with or disrupt the integrity or
performance of the coUrbanize Software or the data contained
therein; or (iv) attempt to gain unauthorized access to the
coUrbanize Software or its related systems or networks.
1.3 Authorized Users. "Authorized Users" shall mean employees of
Customer who are authorized to access the coUrbanize Software
using a user identifier and password provided to Customer by
coUrbanize. Customer shall not make available the coUrbanize
Software to any person or entity other than Authorized Users.
Customer shall cooperate with coUrbanize if coUrbanize wishes to
monitor Customer's compliance with this requirement (such
cooperation to include providing coUrbanize access to premises to
inspect the way the Product is used by employees) ("Audit"). If an Audit
reveals that the coUrbanize Software have been used by anyone who
is not an Authorized User, (a) Customer shall promptly reimburse
coUrbanize any underpaid license fees (at the current list price) and all
costs incurred by coUrbanize in carrying out the Audit, and (b)
coUrbanize may terminate the Agreement immediately upon written
notice.
1.4 Reservation of Rights. Subject only to the rights expressly
granted to Customer under this Agreement, all rights, title and interest
in and to the coUrbanize Software will remain with and belong
exclusively to coUrbanize.
1.5 Data.
(a) Customer Data. Customer shall own all data provided in its
unaltered form by Customer in connection with Customer's use of
the coUrbanize Software ("Customer Data"). Customer hereby
grants to coUrbanize a worldwide, perpetual, irrevocable, non-
transferable, non -assignable (except as permitted under Section
OR
9.2 of this Agreement), sublicenseable, non-exclusive license to
access, retrieve, store, copy, create derivative works of, display,
distribute and otherwise use Customer Data in connection with
developing, testing, maintaining, improving, modifying,
distributing, providing, making available and/or otherwise
commercializing coUrbanize's products and services, including
the coUrbanize Software. coUrbanize will anonymize the
Customer Data prior to disclosing it to any third party.
1.6 Privacy. Customer understands and agrees that coUrbanize may
use cookies, web beacons and/or other technologies to collect certain
personally non -identifiable data in connection with this Agreement,
which data may include, among other things, information such as an
Authorized User's IP address, web pages viewed by an Authorized
User, date and time and domain type. Such information, which is
collected passively using various technologies, cannot presently be
used to specifically identify any Authorized User. coUrbanize may store
such information itself or such information may be included in
databases owned and maintained by coUrbanize affiliates, agents or
service providers. coUrbanize may use such information and pool it
with other information for billing purposes or to track, for example, the
total number of users of the coUrbanize Software, the number of
visitors to each web page within the coUrbanize Software, and the
domain names of our visitors' Internet service providers.
2. SUPPORT
2.1 Support. coUrbanize will provide telephone support during
regular business hours to Authorized Users.
3. FEES; PAYMENT TERMS
3.1 Fees; Payment Terms. Customer shall pay to coUrbanize the
fees for its use of the coUrbanize Software as specified on Exhibit A.
3.2 Net of Taxes. All amounts payable by Customer to coUrbanize
hereunder are exclusive of any sales, use and other taxes or duties,
however designated (collectively "Taxes"). Customer shall be solely
responsible for payment of any Taxes, except for those taxes based on
the income of coUrbanize. Customer will not withhold any Taxes from
any amounts due coUrbanize.
4. CONFIDENTIALITY
As used herein, "Confidential Information" means, any and all
information or data, regardless of whether it is in tangible form,
disclosed by either Party (the "Disclosing Party") that the Disclosing
Party has either marked as confidential or proprietary, or has identified
in writing as confidential or proprietary within thirty (30) days of
disclosure to the other Party (the "Receiving Party"), provided,
however, that Customer Data shall be considered the Confidential
Information of Customer and coUrbanize Data shall be considered
Confidential Information of coUrbanize. Information and data will not
be deemed "Confidential Information" if such information: (i) is known
to the Receiving Party prior to receipt from the Disclosing Party directly
or indirectly from a source other than one having an obligation of
confidentiality to the Disclosing Party; (ii) becomes known
(independently of disclosure by the Disclosing Party) to the Receiving
Party directly or indirectly from a source other than one having an
obligation of confidentiality to the Disclosing Party; (iii) becomes
publicly known or otherwise ceases to be secret or confidential, except
through a breach of this Agreement by the Receiving Party; or (iv) is
independently developed by the Receiving Party without use of or
reference to the Confidential Information. The Parties shall use
reasonable measures to protect the secrecy of, avoid disclosure and
unauthorized use or reproduction of the other Party's Confidential
Information. Without restricting or otherwise limiting the exercise by a
Party of the rights and licenses expressly granted to it under this
Agreement, Confidential Information may be disclosed to only (a) such
employees and agents of the Parties as may have a need to know
such information in the course of their duties; (b) legal or financial
advisors of the Parties on a need to know basis; or (c) any competent
authorities following a judicial order to do so.
5. REPRESENTATIONS, WARRANTIES AND EXCLUSIONS
5.1 Representations and Warranties. coUrbanize represents and
warrants to Customer that coUrbanize shall provide the coUrbanize
Software in a professional and workmanlike manner. Each Party
represents and warrants to the other Party that such Party has the
required rights, power and authority to enter into this Agreement and to
grant all rights, authority and licenses granted hereunder.
5.2 Exclusions. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
THE COURBANIZE SOFTWARE IS PROVIDED "AS IS" WITHOUT
ANY WARRANTY OF ANY KIND AND COURBANIZE DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON -
INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER ACKNOWLEDGES THAT COURBANIZE DOES NOT
WARRANT THAT THE COURBANIZE PROPERTY WILL BE
PROVIDED IN AN UNINTERRUPTED OR ERROR FREE FASHION
AT ALL TIMES, OR THAT THE COURBANIZE SOFTWARE WILL
MEET CUSTOMER'S REQUIREMENTS.
6. INDEMNIFICATION
6.1 Indemnification bV coUrbanize. In the event of a claim against
Customer of the infringement or misappropriation of a third party
copyright, United States patent, trade secret or trademark by reason of
the use of the coUrbanize Software by Customer as permitted
hereunder, coUrbanize shall, at its expense, defend such claim, and
pay damages actually awarded or paid in connection therewith,
including the reasonable fees and expenses of the attorneys engaged
by coUrbanize for such defense, provided that (i) Customer shall
promptly notify coUrbanize of such claim, (ii) coUrbanize shall have the
sole and exclusive authority to defend and/or settle any such claim and
(iii) Customer reasonably cooperates with coUrbanize in connection
therewith. If the use of the coUrbanize Property by Customer has
become, or in coUrbanize's opinion is likely to become, the subject of
any claim of infringement, coUrbanize may at its option and expense
(a) procure for Customer the right to continue using the coUrbanize
Property as set forth hereunder; (b) replace or modify the coUrbanize
Property to make it non -infringing so long as the coUrbanize Property
has at least equivalent functionality; or (c) if options (a) or (b) are not
reasonably practicable, terminate this Agreement. coUrbanize shall
have no liability or obligation under this Section 6.1 with respect to any
claim if such claim is caused in whole or in part by (x) compliance with
designs, data, instructions or specifications provided by Customer; (y)
modification of the coUrbanize Property by any party other than
coUrbanize without coUrbanize's express consent; or (z) the
combination, operation or use of the coUrbanize Property with other
applications, portions of applications, product(s), data or services
where the coUrbanize Property would not by itself be infringing.
6.2 Indemnification bV Customer. Customer shall, at its expense,
defend coUrbanize against any and all claims directly or indirectly
brought against coUrbanize by any third party arising from any use of
any coUrbanize Property by Customer, its authorized representatives
or by any entity or individual using the user identifier and password
provided to Customer by coUrbanize, which use is in violation of the
terms of this Agreement or in a manner not prescribed by coUrbanize.
Customer shall pay damages actually awarded or paid in connection
therewith, including the reasonable fees and expenses of the attorneys
engaged by coUrbanize for such defense; provided that: (x)
coUrbanize shall promptly notify Customer of such claim, (y) Customer
shall have the sole and exclusive authority to defend and/or settle any
such claim and (z) coUrbanize reasonably cooperates with Customer
in connection therewith.
r��halrr_�r�•���•»r_� 3r�r�i
7.1 LIMITATIONS ON REMEDY. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR
ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF THE
PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. COURBANIZE SHALL
NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, OR
LIABILITIES IN EXCESS OF THE FEES PAID OR PROPERLY
PAYABLE BY CUSTOMER UNDER THIS AGREEMENT FOR THE
TWELVE (12) MONTHS PRECEDING THE TIME OF ANY CLAIM.
MONETARY DAMAGES, AS LIMITED BY THIS SECTION, WILL BE
EACH PARTY'S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY
(AT LAW OR IN EQUITY) IN THE EVENT THAT ANY EXCLUSIVE
REMEDY HEREUNDER IS FOUND TO FAIL ITS ESSENTIAL
PURPOSE. THE PROVISIONS OF THIS SECTION ALLOCATE THE
RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND
THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH
HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS
AGREEMENT.
8. TERM, TERMINATION
8.1 License Term. Unless earlier terminated as described below, the
term of the Agreement shall commence on the Effective Date and
continue for successive one (1) month periods, until terminated by
Customer.
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thirty (30) day written notice to the other.
8.3 Obligations on Termination. Upon termination of this Agreement
all rights granted hereunder and all obligations of coUrbanize to
provide coUrbanize Software shall immediately terminate and the
Parties shall return any Confidential Information of the other Party in its
possession or control to the other Party. Termination of this
Agreement or expiration of the Term shall not relieve Customer from
paying all fees accruing prior to termination. Sections 3, 4, 5, 6, 7, 8.3
and 9 shall survive the termination or expiration of this Agreement for
any reason whatsoever.
8.4 Force Majeure. Neither Party shall be deemed in breach
hereunder for any cessation, interruption or delay in the performance
of its obligations due to causes beyond its reasonable control,
including, without limitation, earthquake, flood, or other natural
disaster, act of God, labor controversy, civil disturbance, terrorism, war
(whether or not officially declared) or the inability to obtain sufficient
supplies, transportation, or other essential commodity or service
required in the conduct of its business, or any change in or the
adoption of any law, regulation, judgment or decree (each a "Force
Majeure Event"); provided that financial inability in and of itself shall not
be a Force Majeure Event.
9. GENERAL
9.1 Compliance with Laws. Without limiting the generality of the
foregoing, Customer shall not transfer, either directly or indirectly, the
coUrbanize Software, either in whole or in part, to any destination
subject to export restrictions under United States law, unless prior
written authorization is obtained from the appropriate United States
agency and shall otherwise comply with all other applicable import and
export laws, rules and regulations.
9.2 No Assignment. Neither Party may assign this Agreement, or
sublicense any of the rights granted herein, in whole or in part, without
the prior written consent of the non -assigning Party, which consent will
not be unreasonably withheld by the non -assigning Party, except either
Party may assign this Agreement, without the prior written consent of
the non -assigning Party, to a corporation or other business entity
succeeding to all or substantially all of the assets and business of the
assigning Party by merger or purchase, provided that such corporation
or other business entity assumes, in a writing delivered to the non -
assigning party, all of the terms and conditions of this Agreement. Any
attempt by either Party to assign or transfer any of the rights, duties or
obligations of this Agreement in violation of the foregoing shall be null
and void.
9.3 Amendment; Waiver. This Agreement may not be amended or
modified, in whole or part, except by a writing signed by duly
authorized representative of both parties. No provision or part of this
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signed by a duly authorized representative of the party making the
waiver. Failure or delay by either party to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of that
or any other provision.
9.4 Relationship. Nothing in this Agreement shall be construed to
place the parties hereto in an agency, employment, franchise, joint
venture, or partnership relationship. Neither party will have the
authority to obligate or bind the other in any manner, and nothing
herein contained shall give rise or is intended to give rise to any rights
of any kind to any third parties.
9.5 Severability. In the event that any provision of this Agreement is
found to be unenforceable, such provision will be reformed only to the
extent necessary to make it enforceable, and such provision as so
reformed will continue in effect, to the extent consistent with the intent
of the parties as of the Effective Date.
9.6 Governing Law, Jurisdiction. All disputes, claims or controversies
arising out of this Agreement, or the negotiation, validity or
performance of this Agreement, or the transactions contemplated
hereby shall be governed by and construed in accordance with the
laws of the Commonwealth of Massachusetts without regard to its
rules of conflict of laws. Each of the parties hereto hereby irrevocably
and unconditionally consents to submit to the sole and exclusive
jurisdiction of the courts of the Commonwealth of Massachusetts and
of the United States of America located in the Commonwealth of
Massachusetts (the "Massachusetts Courts") for any litigation among
the parties hereto arising out of or relating to this Agreement, or the
negotiation, validity or performance of this Agreement, waives any
objection to the laying of venue of any such litigation in the
Massachusetts Courts and agrees not to plead or claim in any
Massachusetts Court that such litigation brought therein has been
brought in any inconvenient forum or that there are indispensable
parties to such litigation that are not subject to the jurisdiction of the
Massachusetts Courts.
9.7 Notices. All notices under or related to this Agreement will be in
writing and will reference this Agreement. Notices will be deemed
given when: (i) delivered personally; (ii) sent by e-mail; (iii) three (3)
days after having been sent by registered or certified mail, return
receipt requested, postage prepaid; or (iv) one (1) day after deposit
with a commercial overnight carrier, with written verification of receipt.
All communications will be sent to the addresses set forth on the Cover
Page or such other addresses designated pursuant to this Section 9.7.
9.8 Entire Agreement. This Agreement, including any Schedules
hereto constitutes the entire agreement between the parties. It
supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter, and
prevails over any conflicting terms or conditions contained on printed
forms submitted with purchase orders, sales acknowledgments or
quotations. In the event of any conflict between this Agreement and
any Schedule, the following order of precedence shall apply: (i) this
Agreement, and (ii) Schedules (in chronological order, with the newest
taking precedence).
9.9 Publicity. Neither party will make any separate public
announcement regarding this Agreement or any of the contents
contained herein without the prior written consent of the other party.
This Agreement is ACCEPTED AND AGREED TO as of the last date by which this Agreement is executed ("Effective Date"):
CUSTOMER
By:
Name:
Title:
Date:
AN
COURBANIZE
By:
Name:
Title:
Date:
Saint John, March 31st 2017
To Mayor and Council
The city of Saint John
We have received a letter from Saint John supporting our bid for the Acadian Games 2020.
Now that we are moving forward with the project, we will need a letter from the city of
Saint John stating that you agree with the MOU in principal. In the MOU (attached) you will
see that the hosting municipality must provide 10% of the total budget of the games. We are
projecting a total amount of 500 000$ operational cost for the games, so 10% would be
50 000$. If Saint John, Rothesay and Quispamsis agree to participate, we suggest that this
amount be divided within the 3 municipalities according to the population.
The MOU is the most recent one I've found that has been translated in English (Fredericton
2017) but the MOU remains almost the same year after year. If you need more information,
we would be happy to present to the council if needed. At the moment, we already have
more than 20 volunteers that are working on the bid that has to be submitted in June. We
are expecting more than 800 volunteers that would give their time between June 24th -28th
2020. The economic spin-off would be over 1,1 million dollars according to a study that was
done during the 2011 games in Edmundston.
Since the bid dead line is in June, we must move quickly so please let us know as soon as
possible if Saint- John would agree in principle to such a MOU.
Sincerely,
Michelin .ote
President of the bidding committee for Acadian Games 2020
44
MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING MADE IN DUPICATE
BETWEEN: La Societe des Jeux de I'Acadie inc., a corporation duly incorporated under the laws of
the Province of New Brunswick, having its head office at 702 Principale Street, Suite 210,
Petit -Rocher, New Brunswick, hereafter referred to as "la Societe,"
of the first part
AND: The City of Fredericton, a municipality duly incorporated under the laws of the Province of
New Brunswick, hereafter referred to as the "Host Municipality,"
of the second part.
AND: The Centre Communautaire Sainte -Anne, duly incorporated under the laws of the Province
of New Brunswick, having its head office at 715 Priestman Street, Fredericton, New
Brunswick, hereafter referred to as the "CCSA,"
of the third pari.
Whereas the Host Municipality has met the requirements of the Societe and has been retained to organize
the 38th Finals of the 2017 Jeux de 1'Acadie (hereafter known as "Les Jeux"),
For and in consideration of the mutual covenants set out herein, the above-mentioned parties agree as
follows:
THE MUNICIPALITY
1) The Host Municipality agrees to sign a memorandum of understanding with the CCSA and the
Organizing Committee clearly establishing the responsibilities of the latter;
2) The Host Municipality recognizes that signage and running of events for the organization and
holding of Les Jeux will be in French;
3) The Host Municipality agrees to offer, free of charge, a light snack to participants in the Societe's
2016 annual general meeting if this meeting should be held in the Host municipality;
4) The Host Municipality agrees to hold a reception for dignitaries after every opening and closing
ceremony of Les Jeux;
5) The Host Municipality agrees to make the required sports facilities under its control available to
the CCSA and its Organizing Committee and to provide for their maintenance;
CIVIL LIABILITY (MUNICIPALITY)
6) The Host Municipality agrees to contribute during 2016 and 2017, a minimum of 10% of the
operating budget for Les Jeux,
7) Subiect to sections 6 and 26, the Host Municipality accepts responsibility for all financial
implications of holding Les Jeux, including any financial deficit that may result therefrom;
061
THE CCSA AND ITS ORGANIZING COMMITTEE
8) The CCSA will form an organizing committee responsible for the organization of Les Jeux, which
shall be incorporated as the"Comite organisateur de la 38• Finale des Jeux de I'Acadie 2017
inc." (hereafter known as the "Organizing Committee") within one hundred and fifty (150)
days following the signing of this memorandum of understanding;
9) The CCSA and the Organizing Committee agree to organize the 38th Finals of the 2017 Jeux de
I'Acadie, which will be held from Wednesday, June 28 to Sunday, July 2, 2017 inclusive;
10) It is agreed by the parties that the CCSA and the Organizing Committee will be the
representative of the Host Municipality for the purpose of fulfilling its obligations to the
organization and the holding of Les Jeux. However, the CCSA and the Organizing Committee
always remain responsible to the Societe for the performance of its obligations herein;
1 1) The Organizing Committee will comprise of a representative from the Host Municipality (Sport
Tourism Coordinator and a representative from Finance), among others. The choice of the other
members is left up to the discretion of the CCSA. The Executive Director of the Societe or his or
her representative will be an ex officio member of the Organizing Committee;
12) The CCSA will submit a complete organizational chart of the Organizing Committee to the
Societe within thirty (30) days following the signing of the memorandum of understanding;
13) The CCSA resolves to agree to dissolve the Organizing Committee and surrender its charter no
later than sixty (60) days after the official adoption by the Board of Directors of the Societe of
the final report on Les Jeux and the financial statements with a review engagement. The CCSA
further agrees to convey to the Societe the exclusive right to use the acronym of Les Jeux;
CIVIL LIABILITY (CCSA)
14) The CCSA and the Organizing Committee accept responsibility for all legal proceedings that
may arise from the organization and holding of Les Jeux, and agrees to release and save
harmless the Societe and the Host Municipality from all responsibility or any damage that may
arise therefrom, insofar as the Societe and the Host Municipality meet their obligations as
contained herein;
15) The CCSA and the Organizing Committee agrees, within sixty (60) days of the signing of these
presents, to provide the Societe with proof that it is insured for civil liability, naming both the
Societe and the City of Fredericton as third party insured on the insurance certificate in the
minimum amount of $5,000,000;
16) Any surplus achieved by the CCSA and the Organizing Committee shall be spent for the good of
the Host Municipality in support of the Francophone schools and/or community centres, and any
Francophone and/or Acadian organizations within the city limits.
The Host Municipality will also have the option of being reimbursed for additional expenses
incurred that are directly related to the administration and organization of the Finals, subject to
section b.
FINANCIAL OPERATIONS AND FUNDING
THE CCSA AND THE ORGANIZING COMMITTEE AGREES AS FOLLOWS:
17) To submit the proposed operating budget for Les Jeux to the Host Municipality and the Societe
for approval on or before August 1, 2016;
18) To submit any and all modifications to the operating budget to the Host Municipality and the
Societe for approval;
19) To participate actively on the joint committee responsible for managing the sponsorship policy of
Les Jeux de I'Acadie. This committee is made up of members of the Societe and the CCSA and
the Organizing Committee;
20) To cooperate with the Societe in the delivery of services related to the sponsorship of the 2017
Finals of Les Jeux de I'Acadie;
21) To submit any funding projects for the approval of the Societe on or before August 1, 2016, and
prior to their execution;
22) Not to organize and hold a fundraising campaign prior to the 2016 Finals of Les Jeux de
I'Acadie without the prior authorization of the Societe;
23) To submit for the approval of the Societe any applications to the governments of New Brunswick
and Canada for financial assistance, whether in the form of grants, loans, projects, or other;
24) To submit for the approval of the Societe any admission fees for events related to the
organization and holding of Les Jeux;
25) To pay, subject to these presents, all expenses related to the organization and holding of Les
Jeux;
26) To submit for the approval of the Societe prior to its execution, any written or verbal agreement
between the Host Municipality and/or the Organizing Committee and any sponsor, service
provider or other; such agreement shall comply with the sponsorship policy of Les Jeux de
I'Acadie. The CCSA and its Organizing Committee agrees that if there is no written agreement,
the content of the verbal agreement shall be conveyed to the Societe in writing;
THE SOCIETE AGREES AS FOLLOWS:
27) To allocate a grant to the CCSA and the Organizing Committee corresponding to a total amount
of $20,000;
a) The grant will be allocated as follows:
i) A first payment of 25% of the total amount by May 15 of the year of Les Jeux;
ii) A second payment of 25% of the total amount by June 1 of the year of Les Jeux
iii) A third payment of 25% of the total amount by July 15 of the year of Les Jeux;
iv) A fourth payment of 25% of the total amount within thirty (30) days of the
adoption of the final report of Les Jeux and the audited financial statements
thereof,
b) The total amount of financial assistance shall be used only for the organization and
administration of Les Jeux under the following budget items: athlete services,
administrative services, protocol, promotion and publicity, sports programming, funding,
volunteers, and general services;
C) Should the CCSA and the Organizing Committee accumulate a surplus of a maximum of
$10,000, it will not receive the fourth payment of 25% of the total amount of $20,000
granted by the Societe;
28) To submit to the CCSA and the Organizing Committee on or before March 31, 2016, a document
describing the sponsorship policy of Les Jeux de I'Acadie; to participate actively on the joint
committee responsible for managing the sponsorship policy of Les Jeux de I'Acadie. This
committee is made up of members of the Societe and the CCSA and the Organizing Committee;
29) To provide transportation for the athletes and members of the management teams from their
respective regions to the site of Les Jeux and back;
30) To pay for the cost of shirts for the delegations, certain materials, and equipment for
accreditation, the flags, sports banners, Prix de I'amitie (friendship award), Prix de I'amelioration
(improvement award), sportsmanship banners, and medals.
`O
ORGANIZATION AND HOLDING OF LES DEUX
THE CCSA AND THE ORGANIZING COMMITTEE AGREES AS FOLLOWS:
31) To welcome the delegations as of Wednesday, June 28, 2017, the first day of Les Jeux;
a) To accommodate and feed the athletes, members of the management teams and youth
teams for the duration of Les Jeux, according to the standards and provisions submitted by
the Societe and for any extension of their stay if need be owing to uncontrollable factors.
In addition, to feed the members of the Executive, committees, and permanent and
temporary staff of the Societe for the duration of Les Jeux. Meals to be served by the
CCSA and the Organizing Committee include supper and snack on Wednesday,
breakfast, lunch, supper, and snack on Thursday, Friday, and Saturday, and breakfast,
lunch, and supper on Sunday, and are at the cost of the CCSA and the Organizing
Committee;
b) To host the mixed track and field athletes from all delegations as of Friday evening and
to feed them beginning with supper on Friday evening;
c) To give mixed track and field athletes from Nova Scotia, Prince Edward Island and
Newfoundland and Labrador a fifty percent (50%) discount on the meals from supper on
Wednesday evening until lunch on Friday inclusive;
32) To provide the Societe with a copy of all agreements signed with different individuals,
companies, and organizations relating to the organization and holding of Les Jeux when they are
signed;
33) To respect the information from the Societe concerning medical services to be made available to
participants;
34) To organize only the sports competitions and the cultural component of the program determined
by the Societe;
35) To follow the information from the Societe concerning the regulations relating to sports
competitions and sports facilities and equipment;
36) To respect the information from the Societe concerning the regulations relating to artistic
disciplines and the necessary facilities and equipment;
37) To respect the information from the Societe concerning protocol policies to be followed;
38) To provide sufficient space to accommodate special guests and dignitaries of the Societe and the
Organizing Committee, at least for the period preceding the opening and closing ceremonies;
39) To organize the Musee des Jeux de i'Acadie (viewing gallery for Les Jeux) and make it
available to the public;
40) To submit for the approval of the Societe, any request for participation of any nature by
provincial, national, or international sport, recreation or other organizations;
41) To provide the facilities required to hold sports competitions and for the cultural component
according to the standards set out by the Societe; facilities will be subject to the approval of the
Societe;
42) To provide any other space or site for the smooth operation of Les Jeux as set out in the "Guide
de la mesure et evaluation du processus de selection de la municipalite h6tesse de la Finale des
Jeux de 1'Acadie"; such spaces and sites will be subject to the approval of the Societe;
43) To provide the Societe with the minutes of all meetings within seven (7) days of the meetings;
44) To present a detailed report on the status of the organization of Les Jeux to the Societe at
meetings held by the Societe's Board of Directors;
45) To submit to the Societe for approval by March 7, 2076, the choice of the sport in the active
living component according to the terms and conditions established by the Societe;
`[Eye
46) To submit to the Societe for approval by March 1, 2016, the choice of the second artistic
discipline in the cultural component according to the terms and conditions established by the
Societe;
THE HOST MUNICIPALITY AGREES AS FOLLOWS:
47) To procure the equipment, materials, and athletes' benches from the previous host municipality,
repair them at its expense if necessary, and use and pass them on to the next host municipality.
The equipment, materials, and athletes' benches shall remain the property of the SOCIETE by
virtue of a gift by COFJA 2010 in Saint John (the Saint John 2010 organizing committee) at the
SOCIETE's 2010 AGM. The Host Municipality is responsible to pay for the transportation of the
equipment, materials, and athletes' benches received from the previous host municipality, to pay
for any repairs for damage to the equipment, materials and athletes' benches which occurred
during transportation and to make the equipment, materials and athletes' benches available to
the next Host Municipality.
THE SOCIftIE AGREES AS FOLLOWS:
48) To convey to the Organizing Committee at least thirty (30) months prior to the holding of Les
Jeux the information concerning the necessary sports and cultural facilities;
49) To provide the official forms for compilation of the sports results at least thirty (30) days prior to
the beginning of Les Jeux;
50) To provide the Organizing Committee at least thirty (30) months prior to the holding of Les Jeux
with information concerning:
a) The rules for sports competitions and sports equipment;
b) The regulations of the cultural component and of material needs;
c) Medical services to be made available to the athletes;
d) Use of sponsorships;
e) Protocol policies;
f) Organization and general operations of the Organizing Committee (Guide
d'organisation);
g) Requirements for the Prix de 1'amitie (friendship award);
h) Requirements for the Prix de I'amelioration (improvement award);
i) Requirements for the sportsmanship banners;
j) Requirements for the medals ceremony;
k) Requirements for writing the final report on Les Jeux;
PUBLICITY AND PROMOTION
51) Negotiations with national, provincial, and regional networks for broadcasting Les Jeux on radio
and television are reserved for the Soci6te in cooperation with the Host Municipality;
52) The CCSA and the Organizing Committee agrees to submit to the Societe for approval on or
before August 1, 2016, all its planned publicity, promotion, and release of information, including
the logo and slogan of the 2017 Finals of Les Jeux de I'Acadie;
53) The CCSA and the Organizing Committee agrees not to organize and hold a promotional
campaign before the conclusion of the 2016 Finals of Les Jeux de I'Acadie, without the prior
authorization of the Societe;
54) The CCSA and the Organizing Committee agrees to reserve the necessary space in the official
program of Les Jeux for official documents of Les Jeux and the advertising space required for
sponsors and partners of the Societe;
`DIV
55) The CCSA and the Organizing Committee agrees to submit the official program in its entirety to
the Societe for approval before it is printed.
GENERAL
56) The CCSA and the Organizing Committee agree to respect all decisions, policies, and procedures
of the Societe in addition to what is set out in the Guide d'organisation dune Finale (finals
organizing guide), the Guide d'operotion (operating guide) of the Societe, and the technical
document given to them by the Societe;
57) The CCSA and the Organizing Committee agree to be responsible for all equipment, materials
and athletes' benches loaned by the Societe and , if applicable, agree to repair or replace said
equipment, material and athletes' benches while onsite.
58) The CCSA and the Organizing Committee recognize the Societe's right of veto over any decision
made by the Organizing Committee that would be in conflict with the official regulations of the
Societe and its policies and procedures. This right of veto may be exercised within fifteen (15)
days of the knowledge of any decision made by the CCSA and its Organizing Committee or its
Organizing Committee;
59) Any issue not specified herein shall be submitted to the Societe for its approval;
60) The CCSA and the Organizing Committee agree to send the Societe, within ninety (90) days
following the holding of Les Jeux, a final report written according to the requirements of the
Societe;
61) The CCSA and the Organizing Committee agree to send financial statements to the Host
Municipality Societe in the form of, at a minimum, a review engagement, according to generally
recognized accounting principles, prior to December 31, 2017;
62) The CCSA and the Organizing Committee authorize the sale of promotional items of the Societe
during scheduled meetings and on the sites of Les Jeux without receiving a commission or other
fees;
63) The Societe will offer the advice and assistance of its staff to the CCSA and the Organizing
Committee for the preparation and holding of Les Jeux;
64) Any decision made by the Host Municipality or the CCSA or the Organizing Committee prior to
the signing of the memorandum of understanding must be submitted to the Societe for approval;
65) This memorandum may be modified with the mutual written consent of the parties;
66) The parties agree that French is the exclusive language of Les Jeux;
67) The law applicable to this contract is the law of New Brunswick, and the aforesaid contract is
deemed valid and binding with respect to any other law;
` VIII
In witness whereof, the Societe has affixed its seal and the signature of its duly authorized officer hereto
this (insert day) day of (insert month) 2015.
Per : Signature
President
La Societe des Jeux de I'Acadie Inc.
In witness whereof, the Host Municipality has affixed its seal and signature of its duly authorized directors
this (insert day) day of (insert month) 2015.
Per: Signature
�'4on'll'n 'du I111111411ir iIe
Mayor
Fredericton
Per: Signature
Nom de la secretaire municipale
City C �w rn l
Fredericton
Nouveau -Brunswick
Nouveau -Brunswick
In witness whereof, the Centre Communautaire Sainte Anne has affixed its seal and signature of its duly
authorized directors this (insert day) day of (insert month) 2015.
Per: Signature
! I i1n du iinaire
Director
Fredericton
Per: Signature
,4 o,i.ri du >t " u°un6n
i°'lieu°e n:io.n rl6rnoia,nl
Fredericton
`WO
Nouveau -Brunswick
Nouveau -Brunswick
PROVINCE OF NOUVEAU -BRUNSWICK
COUNTY OF YORK
I the undersigned, Nom du temoin, of the City of Fredericton, in the County of York and Province of
Nouveau -Brunswick, make oath and say:
1. THAT I am the Nom du temoin of the City of Fredericton, one of the parties to this Agreement,
that I have knowledge of the facts set out herein, and that I am authorized to make this affidavit
for the aforesaid municipality;
2. THAT the signature Nom du moire affixed to the preceding document is the signature of Nom du
moire, Mayor of the City of Fredericton, and that the signature Nom du temoin is that of the
undersigned;
3. THAT the corporate seal affixed to the aforesaid document is that of the City of Fredericton,
and that it was affixed by order of the Council of the aforesaid municipality for the purpose of
signing the preceding document;
4. THAT the Mayor and the Titre du temoin are the persons duly authorized to execute this
document on behalf of the city.
Sworn before me in the
City of Fredericton,
in the County of York and
Province of New Brunswick
this Inserer jour day
of Inserer mois 2015.
Signature
1�4t"!�pM du coIlYlltln11V"�G ���tll"e
Commissioner of Oaths
Fredericton New Brunswick
Sianature
oni du fa.mirTlOiiir.0
Fredericton Nouveau -Brunswick
PROVINCE OFII",Joiin de II';,)iro mince
COUNTY OF 1'�io n du d„ iinf 6
I the undersigned, Nom de la presidence, of the City of Nom de to ville, in the County of Nom du Comte
and Province of Nom de la province, make oath and say:
1. That I am the President of La Societe des Jeux de I'Acadie inc., one of the parties to this
agreement, that I have knowledge of the facts set out herein, and that I am authorized to make
this affidavit for the aforesaid Societe;
2. THAT the signature Nom de la presidence affixed to this document is my signature;
3. THAT the corporate seal affixed to the aforesaid document is that of La Societe des Jeux de
1'Acadie inc., and that it was so affixed by order of the Board of the aforesaid Societe for the
purpose of signing the preceding document;
`191-1
4. THAT the president is the officer duly authorized to sign this agreement on behalf of Lo Societe
des Jeux de i'Acadie inc.
Sworn before me in the
City of Nom de la ville,
in the County of Nom du Comte
and Province of Nom de la province,
this Inserer joure day
of Inserer mois 2015.
a. Signature
OV 'a� �luul�'I"I!4.SS 0 uue
Commissioner of Oaths
V,,iV`1f'1I de �a 41e I 4c�ll"'iV cl(' o ;!,,riovllrce
Signature
V in de U Il!.iiresu lenc , President.
La Societe des Jeux de I'Acadie Inc.
,ions de Qui ,,Idle o,rn de Pa gni virce
fi[otl
`DU]
Donald Walton
90 Beave rbrook Ave
Sairpt John N.B. E2K 2W7
6 April, 2017
Mayor Darling and Common Council;
I hawse been chosen by the RBC Bank to help them celebrate
Canada's 15 oth Anniversary in my area. I was given one hundred and
fifty dollars to support my project and allowed to spend as I see fit.
I have chosen to have a community gathering with a barbecue for
the residents from Pugsley Ave., Beaver -brook Ave., Gorman Ave.,
Currie Ave. and Balfour St.. I plan on circulating a flyer to each address
to invite the neighbors.
I have lived at 90 Beaverbrook Ave. for 19 years and there has
never been a gathering of the neighbors in this area.
I have chosen to hold this on the loth of June with a rain date of
the 17th of Juane. 'This would be held between 1230 p�ryi. and 2 prn.
I am requesting that the city block off Beaverbrook Ave, from
PUgsley Ave. to Balfour St. from 12 noon and 2 prn.. I have attached a
map, showing the block I would like blocked off and the alternate route
that vehicles may take,
`toff]
I would like to thank you in advance for your consideration of ml
request. If you have any questions please do not hesitate to contact .
mm
Jy
'i�onald Walton
506-647-8689
donaldwalton8@hotmaiLcom
isK
yi,01
1
try OWNS=
110111 ; P -14,101 -21 -MIM
�rk��:M��:aw f2Cl"d7 W go Vnueys;MW I, O4yUGMA
111
F -Ii Donald
* Tb celebrate Canada's 150'th anniversary this year, RBC`.' is doirq
0
40
sorriething special arwe want you to be a part of' it. YOU are orie of a
fey At yot,ing people chosen in OUr community.
Sot RBC is giving you, alorig with thousands of other young Canadial-Is,
$150 arxi c"sur ll&riging YOU to do son-iething great With it, and make a
differer)ce in OLAr cornniunity!
I knowit sounds too good to be trUe -- but it is. RBC believes O,mt by
supporting people Hke you, we can all n"iake a 1,,)ositive impact in OUr
car rnmunities.
YOLA
are -free -to spend the rnoney any way
YOU &e, whatever ayYOLJ
like.
The oMy thing we ask. is
that'YOLJ 'tO
ShGVV LAS howym,j i-ised
$150.
YOUT [)e prop ideld with a kit -that includes a personalized pirl r -lumber and
a link to a website where YOU cari upload photos and videos of whatyou
did. And of course,'the $150 vvill be included as vivell. It's riot every day
that you'r,e given rn(:)ney -to dc) something good. At fl-tend offlie day,
RBC wry antsto sl, -mw Canada al°the great thirigs you did with $150 "to
r-nake a difference to help celebra te our 150'th anniversary.
You're welclome to invite YOUr friends and family to er articipate and help
cor'Tie UP With some ideas to do s(-,-iething great with the rnoney.
Not SUre i"I", YOU've got any ir"iitial t hr rr g htc-,/ ideas on how 'to spend the
$150 we've got sornie suggestions SLAch as plantirig a commt..Irlity
garden, 'feed ing the horne less, buying new jerseys for a little league
tgat Ti, or painting a mural to beat,jfifyfl,ie cornfflUnity.
* Does this sound likesornething you wan't "to be a part of? Are YOU up for
tN-'a challenge?
We want to create a national ri,iovernent - with young [.,)eople doing acts
of good that will inspire others to dothe sarne. 111-11's what rnakest[iis
COUntry so great.
M
I -you
are asr c. as
we are to celebrate Canada's'150-th
anr-flversary
and be part of
RBC's "1500 SLI movemenit.
Please let
me 10-10'W'YOUr' thoughts.
Regards
RaVri Arm I rancIManager, RBC Royal Bank I Royal Ba6k & Canada 1515
Westmorland Rd, Saint John, NB E2J 3W9 I (T) 506-632-0683 1 (F)
506-633-7089 1
Ravindr-anath (Ravi) Ar,nil MUtual Funds Representative, RBC F`Zoyal Bank I
Royal U°' Ali Ftinds Inc. 1515 Westmorland Rd, Saint John, NB E2J 3W9 I
(T) 506-632-0683 1 (F) 506--633-7089 1
i M P-1
COUNCIL REPORT
M&C No.
2017-100
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Finance and
Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Stop -Up and Closure and Subsequent Sale for Portion of Clovelly
Drive
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
I.Fogan/K.Fudge
Jeff Trail
RECOMMENDATION
It is recommended Common Council adopt the following resolution:
1. That the Public Hearing to consider the passing of a By-law to Stop Up
and Close a 2,441 square metre portion of a public street known as
Clovelly Drive, as shown on a Plan of Survey (see attached), be set for
Monday, May 15, 2017 at 6:30 p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of its intention
to consider passing of such By-law identified above; and
3. In the event that a 2,411 square metre portion of Clovelly Drive, as
shown on the attached Plan of Survey is stopped -up and closed; the City
being neither explicitly nor implicitly obligated to enact any by-law to
stop -up and close any public street, the City sell the portion of closed
street, pursuant to the Agreement attached to this report as Schedule
"A" and the Mayor and Common Clerk be authorized to sign all pertinent
documents.
EXECUTIVE SUMMARY
The City of Saint John has received a request to stop -up and close a 2,411 square
metre portion of Clovelly Drive, and if approved, to sell the land to the adjoining
property owner, Village View No. 3 Limited Partnership. If acquired, it is Village
View's plan to integrate this land with their adjoining land holdings for the
-2 -
construction of one or two 47 -unit apartment buildings. Municipal Operations
and Growth and Community Services are supportive of this street closure and
subsequent sale. The proponent is responsible for all costs incurred for the
necessary public advertising and associated administrative costs, including the
costs associated with the plan of survey. The Offer of Purchase and Sale (see
attached) considered by staff to be comparable to other land sales in this
immediate area which have been adopted by Council.
PREVIOUS RESOLUTION
n/a
STRATEGIC ALIGNMENT
This report aligns with the following Council Priorities:
1) Citizen focused service delivery;
2) Economic development.
REPORT
Village View No. 3 Limited Partnership has over the previous few years,
constructed two apartment buildings, totaling approximately 75 dwelling units.
Forming part of the lands required for these projects, the City has sold a former
portion of Clovelly Drive and also conveyed former Land for Public Purposes
(LPP). The proponent is now seeking to acquire a further portion of "to be"
closed Clovelly Drive (see attached plan of survey). The proponent owns all of
the land that abuts this portion of undeveloped street.
This portion of Clovelly Drive is undeveloped and consists of a significant rock
outcrop, similar to other lands in the area. This rock outcrop has a top elevation
approximately 5 metres above the finish grade of the developed portion of
Clovelly. In order for the proponent to develop their adjoining lands (former City
LPP), access through this undeveloped street is required.
Transportation and Environment Services are supportive of the proposed street
closure. They have indicated the development of this site must be accompanied
by engineering plans to include stormwater management, site servicing, and
street construction drawings as applicable. Staff will advise the proponent that
Transportation and Environment Services has indicated that due to the
configuration of the street at the top of Noel Avenue, the challenging geographic
nature of the area and the proposed location of the driveway access to the
future development, there may be challenges for snow removal on first pass by
the City's equipment.
The City's Legal Department has prepared the attached agreement of Purchase
and Sale. The recommendation contained in this report is only to initiate the
necessary processes and would not bind the City to effect the street closing.
`sM
-3 -
Should the street be stopped -up and closed, the City may convey the desired
property. This report cannot and does not pre -suppose Council's decisions with
respect to the bylaws that would need to be adopted.
SERVICE AND FINANCIAL OUTCOMES
The proponent is responsible for all costs incurred regarding this process. The
purchase price of $8,000.00 included in the agreement is fair given the
significant rock outcrop present and is comparable to the other lands sold by the
City to the developer. By far, the financial benefit to the City will be the annual
tax benefit to the City of approximately $75,000.00 per building annually for the
life of the building(s). The City will also benefit from construction jobs from the
development of this site.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have provided input to this report:
Growth and Development Services;
City Solicitor's Office;
Transportation and Environment Services;
Fire Department; and
Finance and Administrative Services.
ATTACHMENTS
1. Location Map;
2. Plan of Survey; and
3. Offer of Purchase and Sale.
`§1.1
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Poftion, of Cloveilly DrIve Right-of-way (if stiopped-up
gnd closed)
In the event that Clovelly Drive (portion of), as shown on attached Pan of Survey titled,
"Plan of Survey ShoMng portion of Clovelly Drive, City of Saint John, Saint: John County,
N,B,", prepared by K�erstead Quigley and Roberts Ltd, and dated March 2, 8, 201.7 having
an area of 2,411 square metres, (25,952 square feet), is stopped -up and dosed, the City
of Saint John offers for sale fts, freehold interest in the land to Village View No 2 Umited
Partnership or an affiliated, for the sum of $8,000.00 plus HST (if applicable),
As part of the transaction, The City of Saint John (0ty) is responsible for the preparation
and advertisement of the public notifications that are required to satisfy the procedural
requirements, prior to the consideration by the Common Council of the said City to stop, -
up and close a street,
Wage View No Limited Partnership is responsible for the following:
1, 'The Man Of Survey required to show the above mentioned portion of Clovelly
Drive and the costs associated with the public notifications that are required
under the procedural requirements, including translation cost and all'
administrative or registration costs required to effect the street closing and' all
Subsequent costs incurred to secure their land interest; and
A deposit by ( --erfifled cheque forTWo "t"housand Five Hundred Dollars
($2,500,,00) must be received by the City of: Saint John prior to Commencement
,of the process to consider stopping up and closing a portion of Govefly Drive, In
the event the street is not stopped -up and closed, the deposit less the cost of
advertising and translation will be returned to Village View No I imited
Partnership,
'This offer is effective upon adoption of a resolution of the Common Council,of
the said C'ity.
/A
a MAy authorized representative of' Village
Ido„ o Lhited Partnership
hereby accept the offer contained herein,
Village View No Un"rited Partnershilip
by its General R�'rdjop
Mel
Apr" 2017
Date
The City of Saint John
WHEREAS: Public - Rail Safety Week is to be held across Canada
from April 24 to 30, 2017; and
WHEREAS: it is in the public's interest to raise citizens'
awareness on reducing the avoidable accidents,
injuries and damage caused by collisions at level
crossings or incidents involving trains and citizens;
and
WHEREAS: Operation Lifesaver is a public/private partnership
whose aim is to work with the rail industry,
governments, police services, the media and other
agencies and the public to raise rail safety
awareness; and
WHEREAS: Operation Lifesaver has requested City Council adopt
this resolution in support of its ongoing effort to save
lives and prevent injuries in communities, including
our municipality.
NOW THEREFORE: 1, Mayor Don Darling, of Saint
John do hereby proclaim April 24 to 30, 2017 as Public - Rail safety
Week in the City of Saint John in an effort to raise epilepsy awareness
everywhere.
In witness whereof I have set my hand and affixed the official seal
WZ91
UZMMM���
WHEREAS: raising and increasing the AWARENESS of Human
Values of truth, right conduct, peace, love and non-
violence, and all the multiple sub values like honesty,
integrity, kindness and caring in the City of Saint
,John is a primary goal of this wonderful city; and
WHEREAS: these values are inherent in all creeds, countries,
cultures and communities making these values truly
"Values without Borders"; and
WHEREAS: making the City of Saint John 'A City of Character'
is for the greatest benefit of all our citizens; and
WHEREAS: reducing and even erasing the incidents of violence of
all types in our communities and our City will bring
PEACE and PROGRESS in all aspects and activities
of this province; and
WHEREAS: unlike other walks, Walk for Values is not a fund-
raiser, but a way to make the City richer and
healthier by pledging our commitment to practice
human values, and be motivated to serve our
community through volunteer work, or by donating
blood or food for the needy; and
WHEREAS: "Walk for Values" is designed to raise the awareness
of human Values and to promote individual
responsibility towards the collective future of
humanity. Walk for Values is a platform to educate
people on the importance of practicing these five
Human Values in daily life and the awareness it
creates in making of enlightened citizens for
universal peace.
121
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim April 24, 2017 as Human Values Day in the
City of Saint John.
In witness whereof I have set my hand and affixed the official se:al
of the Mayor of the City of Saint John.
`W
"M71.1
The City of Saint john
a
WHEREAS: Fvery year nearly one thousand Canadian workers
are killed by workplace injuries and many more die
from occupational disease; and
WHEREAS: Thousands more are permanently disabled; and
WHEREAS: Tens of Thousands are injured or made ill; and
WHEREAS: Concerned Canadians are determined to prevent
these tragedies by:
Observing April 28th as a day of mourning to
remember these victims of workplace injuries
and disease;
Renewing our efforts to seek stronger safety
and health protections, better standards and
enforcement, and fair and just compensation;
and
Rededicating ourselves to improving safety and
health in every Canadian workplace;
WIN
NOW THEREFORE: 1, Mayor Don Darling, of Saint
John do hereby proclaim that April 28, 2017, a Day of Mourning in
Recognition of or Killed, injured or Disabled on the job in the
City of Saint John and I encourage eoeryone to work together to make
safety a priority.
In witness whereof I have set my hand and affixed the official seal
M f the Mayor of the City of Saint John.
M111
April 18, 2017
His Worship Mayor Don Darling
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amendment —180 Cosy Lake Road
A Public Presentation was made on February 6, 2017 of a proposed amendment to the
Municipal Development Plan which would redesignate, on Schedule B of the Plan, a
parcel of land with an area of approximately 4.03 hectares, located at 180 Cosy Lake
Road also identified as being PID No. 55005425, from Rural Resource Area to Rural
Residential Area to permit a two lot subdivision.
The required advertising has been completed, and attached you will find a copy of the
public notice, and any letters of opposition or support received.
If Council wishes, it may choose to refer the matter to the Planning Advisory Committee
for a report and recommendation and authorize the necessary advertising with a Public
Hearing to be held on Monday, May 29th, 2017 in the Council Chamber at 6:30 pm, or
not to proceed with the proposed amendment process and adopt a resolution to deny
the application.
Respectfully submitted,
Jonathan Taylor
Common Clerk
Attachment
pe 07
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125
PROPOSED MUNICIPAL
PLAN AMENDMENT
RE: 180 COSY LAKE ROAD
Public Notice is hereby given
that the Common Council of
The City of Saint John intends
to consider an amendment to
the Municipal Development
Plan which would:
Redesignate, on Schedule
B of the Plan, a parcel
of land with an area
of approximately 4.03
hectares, located at 180
Cosy Lake Road also
identified as being PID No.
55005425, as illustrated
below, from Rural
Resou iz Area to Rural
Residential Area;
A public presentation of the
proposed amendment will
take place
at a regular 1%
meeting of
Common
Council on
Monday,
February
6, 2017 in
the Council
Chamber,
Lobby Level,
City Haft.
REASON FOR
CHANGE:
To permit a two lot subdivision.
Written objections to the
proposed amendment may
be made to the Council, in
care of the undersigned, by
March 8, 20T7. Enquiries
may be made at the office of
the Common Clerk or Growth
and Community Development
Services, City Hall, 15 Market
Square, Saint John, N.B.
between the hours of 8.30
a.m. and 4.30 p.m., Monday
through Friday, inclusive,
holidays excepted.
If you require French services
for a Common Council
meeting, please contact the
office of the Common Clerk.
Jonathan Taylor,
Common Clerk
658-2862
PROJET DE MODIFICATION
DU PLAN MUNICIPAL
ORjET : ICC CHEMIN COSY
LAKE
Par les pr6sentes, un avis
public est donn6 par lequei
ie conseil communal de The
City of Saint John a ('intention
d'6tudier la modification
du plan d'am€nagement
municipal comme suit:
Modifier la d6signatfon, a
('annexe B du plan, d'une
parcelle de terrain d'une
superficie d'environ 4,03
hectares, situ6es au 180
Chemin Cosy Lake, portant
le NID 55005425, comme
if est indiqu6 ci-dessous,
affn de les faire passer de
sechuw de nwoun3n
males A sec euur
residenhw rural,•
RAISON DE LA
MODIFICATION:
Permettre un lotissement de
deux lots.
Veuillez faire part au conseil
par @crit de vos objections
au projet de modification
au plus tard le 8 mars
2017 A Fattention du
soussign6. Pour toute
demande de renseignements,
veuillez communiquer
avec le bureau du greffier
communal ou le bureau
de service de la croissance
et du d6veloppement
communautaire a I'h6tel de
ville au 15, Market Square,
Saint John, N. -B., entre 8 h
30 et 16 h 30 du fundi au
vendredi, sauf les fours f6ri6s.
Si vous avez besoin des
services en franpis pour
une r6union de Conseil
Communal, veuillez contacter
le bureau du greffier
communal.
Jonathan Taylor,
greffier communal
658-2862
Une
pr6sentation
publique du
1
projet de
ksl
modification
aura lieu cors
r
de la reunion
ordinaire
du conseil
communal
le lundi 6
f6vrler 2017
dans la salle
du conseil,
au niveau du hall d'entr6e, A
I'Wel de vibe.
RAISON DE LA
MODIFICATION:
Permettre un lotissement de
deux lots.
Veuillez faire part au conseil
par @crit de vos objections
au projet de modification
au plus tard le 8 mars
2017 A Fattention du
soussign6. Pour toute
demande de renseignements,
veuillez communiquer
avec le bureau du greffier
communal ou le bureau
de service de la croissance
et du d6veloppement
communautaire a I'h6tel de
ville au 15, Market Square,
Saint John, N. -B., entre 8 h
30 et 16 h 30 du fundi au
vendredi, sauf les fours f6ri6s.
Si vous avez besoin des
services en franpis pour
une r6union de Conseil
Communal, veuillez contacter
le bureau du greffier
communal.
Jonathan Taylor,
greffier communal
658-2862
Reade, Mark
From:
Sent:
To:
Subject:
Good Afternoon Mr Reade
Stephen faulder <diveharder02@msn.com>
January -06-17 1:24 PM
Reade, Mark
Proceed with aplication to ammend municipal plan
We have been talking and would like to proceed with the application to ammend the municipal plan as
we had discussed in December. We don't forsee any problems in respect to DOE and getting a permit to put a
culvert in as it has already been done twice on the adjacent lots. Please let me know if there is anything else
you need. When would it go before council and would i be able to or need to attend to attend any meetings
pertaining to it. I know you had mentioned ads in the paper and the time it takes but other than that any info
would be greatly appreciated. As you know it is only our intention to build a home by my father as he is
getting older and it has always been somewhere I love to be. It will not impact infrastructure or in any way be
debtrimental. It would only add to the flax base in a city which is trying to do so. Again i thank you for your
time with this matter and look forward to hearing more from you.
Regards
`PAN
Stephen Faulder
To the Planning Advisory Committee
I Stephen Andrew Faulder am respectfully submitting this application for the subdivision of my
father's property located at 180 Cosy Lake Road (P -Q # 55005425) . It is mine and my wife's intent to
build a home on the divided property. We are requesting to split the lot in two. There would then he
two single family homes on good sized lots wr'th no future subdivision. l do not feel that doing this would
in any way burden existing infrastructure nor will it require any, except for garbage/ compost removal
which I'm more than happy paying the city of Saint John for. I am also happy to Increase the City's tax
base and be a resident of the city. I would like to say that myfather has had the property since 1993 and
we built the existing house on it shortly thereafter. I have lived and worked in Saint John most of my life
since immigrating here with my parents in 1979 at the age of S, I'm 42 now. l have been fortunate
enough to be able to stay here. i am proud to say I haven't had to join the bandwagon and go out west
for work. I love the province, the Maritimes and the city of Saint John and it has long been a dream of
mine to build here, by my bad and In Saint John. My wife and I see this as an opportunity to build our
dream and as we both work in the city would love for it to be there. 1 have also spoken with the
neighbors up and down the street and none of which have any concerns with our pians. it is with that I
formally submit this application for subdivision, i thank you for your time with this matter a nd I await
your reply.
Respectfully,
Stephen Faulder
`101:3
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10/1712016
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$2,50D
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Amadmem to Section 39 Conditions
V1500
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Variance. Conditional Use, Similar) CompaC'Mc Use, Tempm U
250S
Usc, CRange r Re-establishment of Non -Conforming Uss
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SAINT JOHN
COUNCIL REPORT
M&C No.
2017-096
Report Date
April 06, 2017
Meeting Date
April 18, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous building at 287
Tower Street (PID#364513)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth /J Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law, to
arrange for the demolition of the building at 287 Tower Street (PID#364513), in
accordance with the applicable City purchasing policies.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was
issued under Section 190 of the Municipalities Act for the building at 287 Tower
Street, the hazardous conditions outlined in the Notice have not been remedied
by the owners within the required time frame and staff is looking for direction
from Council to arrange the demolition of the building.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
`19191
-2 -
REPORT
Inspections of the property at 287 Tower Street, PID# 364513, have revealed
that there are two buildings on the premise; a two-storey, wood -framed house
and a detached single -storey, wood -framed garage. Staff first became aware of
the property's vacancy in December 2014 and began standard enforcement
procedures. The property is located in a densely populated residential
neighborhood in the City's lower west side. The buildings are a hazard to the
safety of the public by reason of being open, vacant, by reason of dilapidation
and by reason of unsoundness of structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on March 6, 2017 and was posted to the front entrance of the
building the same day. The Certificate of Ownership for the building lists one
individual as the registered owner. The owner did not take any remedial action
to comply with the requirements of the Notice and the property is considered to
be abandoned. The Notice provided the owner with 30 days to remedy the
conditions at the property. During this time no appeal was formally requested.
A compliance inspection was conducted on April 6, 2017 which revealed that the
conditions which gave rise to the Notice have not changed since the Notice was
issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavit attesting to the building's posting. Also included are photographs of the
building. The Municipalities Act indicates that where a Notice to Comply has
been issued arising from a condition where a building has become a hazard to
the safety of the public by reason of dilapidation, unsoundness of structural
strength, or being vacant or unoccupied, the municipality may cause the building
to be demolished. As required in the Act a report from an engineer is attached,
forming part of the issued Notice to Comply, and provides the evidence to the
building's vacancy, dilapidation, unsoundness of structural strength and resulting
hazard to the safety of the public.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Municipalities Act that a municipality must commence in the
proceedings of remedial action, approval of Common Council is required prior to
starting demolition activities at this property. Cost of the demolition work is
approximated at $10,000 to $15,000 and will take about 4-6 weeks before it is
complete. Staff will seek competitive bidding in accordance with the City's
purchasing policy and the cost of the work will be billed to the property owners.
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
`Ki.1
-3 -
The City Solicitor's Office provided ownership verification by obtaining the
Certificate of Registered Ownership for the property. Additionally, the City
Solicitor's Office registered the Notice with Service New Brunswick's Land
Registry.
ATTACHMENTS
Affidavit of Posting
Notice to Comply and Inspection Report
Photos
`19YA
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
287 Tower Street, SAINT JOHN, N.B. (PID number 364513)
AFFIDAVIT OF SERVICE
I" "' of Saint John, N.B., Make Oath And Say As Follows:
1. 1 am employed by The City of Saint John ]in its Buildings and Inspection Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated,
2. _1-: a\_\'atapproximately 'e', AgDti _-I posted a
copy of the attached Notice to Comply and Notice of Appeal, marked Exhibit ``A"
and Exhibit "B" respectively, to the front door of the building that is located at 287
Tower Street, 'Saint John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the of
2017
...... ......
1191-11
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B.1973,
c.M-22, s.190.01(3))
Parcel Identifier, 364513
Address: 287 Tower Street, Saint John,
New Brunswick
Owner(s) or Occupier(s):
Name: Small, Michael Anthony
FORMU1 LE 1
AVIS ISE CON]E`ORMI'ITII
(Lai sur les municipalites, L.R.N.-Il. de 1973,
ch. M-22, par. 190.01(3))
Num6ro d'identification de la parcelle : 36451.3
Adresse : 287, rue Tower, Saint John, Nouveau -
Brunswick
Proprietaire(s) on occupant(s) :
Nom: Small, Michael Anthony
Address: 3-1.23 Metcalf Street, Saint John, New Adresse: 3-123, rue Metcalf, Saint John, Nouveau -
Brunswick, E2K 1K2 Brunswick, E2K-1K2
Municipality issuing notice: City of Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Paragraphs 190.01(1),
190.01(1.1) and 190.01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated.
March 6, 2017 prepared by Rachel Van Wart, EtT, By-
law Enforcement Officer, reviewed and concurred in by
Amy Poffenroth, P. Eng., By -laser Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid. By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up..
1n the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the; nuh1 is
Municipalite signifrant l'avis City of Saint. John
Arrete enfreint : Arr&6 relatif aux lieux inesthe-tiques
et aux W tinzents et constructions dangereux de, Saint
John, Arrete numero M-30, ainsi que ses
modifications ci-afferentes (1' o Ar�rete »).
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1), 190.01(1.1) ei para,graphe 1911.01(2) de la
Loi sur les municipalites, ainsi que les modifications
afferentes..
Description de la (des) condition(s) Les lieux sont
inesthetiques en permettant 1a presence de ferraille,
de detritus et le batiment delabre. Le batiment
est devenu dangereuse pour la securite du public du
fait de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la securite du public du fait
de son delabrement et du fait de manque de solidite.
Les conditions du batiment et des lieux sont decrites a
]'annexe «A rs, une copie conforme du rapport
d' inspection en date du 6, rears 2017 et prepare parr
Rachel Van Wart, 1S, une agente charge de
1'execution des arretes munieipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charge de 1'execution des arretes municipaux.
Mesure(s) a prendre : La proprietaire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionne et d'amener le
batiment et les heux en conformites avec 1'Arrete.
Bans 1'eventualite clue la proprietaire ne remedient pas
le batiment et les lieux dans le temps prescrit par 1e
present avis de conformite, le batiment pourront etre
demolis comme mesure corrective compte tenu qu'il
represente un danger pour la securite du public et les
lieux pourront etre nettoyes.
Dans l'eventualite de demolition, tons les debris et
autres items sur les lieux seront disposes cormne
memire rorre.cl°ivp rinn z Ip Nit rlp ro nfMic-r 1P rlwnar-r
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment,
Bate by which the remedy or remedies must occur: d
a) The demolition of the building, clean-up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 30
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with. this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8" door, 15
Market Square, Saint John, New Brunswick, E2L 4L .
Potential penalty for non-compliance within
specified time:z Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.0111 of the said Act, cortunits an
offence that is punishable ruder Part II of the Provincial
Qffcnces Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
OfPnces Procedure Acct for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190,03(1,2)(r)(i).
Municipality's authority to undertake repairs or
rernedy:3 Subpara.graplis 190.04(1)(a), 190.04(l)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en etat des lieux, des terrains on
des biens personnels ou tou.te autre mesure corrective
dans le but de contr€31er ou de reduire, d'el.irniner le
deversement, de modifier le mode de de'versement on
le d6versement dun polluant dans on sur
1'environnenient on toute pantie de 1'environnement.
Date a laquelle la on les mesures doivent etre
prisesu :
a) La demolition du batiment et le nettoyage des
lieux doivent etre completees, on a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 jours qui suivent la
signification de 1'avis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees clans les 120 jours qui suivent
la signification de 1'avis do conformite.
Date A laquelle un appel de l'avis pent etre depose:
Dans les '14 fours qui suivent la notification de I'avis
de conformite,.
Processus d'appel : La. propri6taire peux dans les 14
jours qui suivent la notification de Pavis de
conformite, envoye un avis d'appel par courrier
recornrnande a la greffiere communale de la
municipalite, d The City of Saint John, tdifice de
l'h6tel de ville, 8' etage, 15 Market Square, Saint
John, Nouveau -Brunswick, 821, 4L1..
Penalite possible pour non-conformite dans le delai
prescritz : Le paragraphe 190.03(1) de la Loi star les
mtwi�capalites prevoit quiconque omet de se conforuner
aux exigences forrnulees dans un avis de conformite
notifie aux teretes de Particle 190.011 de ladite loci.,
commet une infraction qui est prunissable on vertu de
la P'artie ll de la Loi sur la procedure applicable aux
in&Ictions provinciales a titre d'infraction de la Glasse
F.
L,orsqu'unc infraction prevue au paragraphe 190,03(l)
se poursuit pendant plus dune jounlde, Famende
minimale qui peat etre imposee est Famende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la Glasse F multipliee par le nombre de
jours pendant lesquels l'infraction se poursuit.
conform6ment A Pahnea 190.03(1.2)(b)(i).
Pouvor de la municipalite d'entreprendre les
reparations on de prendre les mesures3 :
Conformerruent aux alineas 190.04(1)(a),
1.90.04(1)(a.1) et 190.04(l)(b) de la Loi sear les
municipalites, si un avis de conformite a etc signifie
aux teretes de I'article 190.011 de ladite loi et, que le
proprietaire ou l'occupa.nt tie se conforme pas a cot
avis de conformite dans le delai imparti et tel qu'il est
repute confirrne ou tel qu'il est confirme ou modifie
par un comite du conseil ou par un juge en vertu de
municipality.
Dated at Saint John the ✓ day of March, 2017
Municipality: The City of Saint John
Signature of Municipal Officer:
C
Municipal Officer's Contact information:
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, 10"' Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4LI
Telephone: (506) 658-2911
.1 elecopier: (506) 632-6199
Email: rachel,va.nwart(�saint'ohn.ca
Seal of municipality
Notes-,
I. All appropriate pennits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by-law, standard or notice to comply,
I Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
toute relevance ou tout droit aff6rent, sant � la charge
du propri6taire ou de I'occupant et deviennent une
cr6ance,de ]a. mu.nicipalit6.
Fait � Saint John le mars, 2017.
Municipalit6 : The City of Saint John
Signature do la repr6sentante municipals:
Coordonnkes de la repr6sentante municipale :
Nom: Rachel Van Wart, IS
Adresse postale:
Service do la Croissance et du D6veloppenient
Communautaire
'The City of Saint John
15 Market Square
edifice de Fh6tel do ville, 10e stags
Case postale 1971
Saint John (Nouveau-Bitinswick)
E2L 41A
T616phone: (506)658-2911
T616copicur : (506) 632-6199
Courriel: rachel,vanwqq@,),-s�igtiPbii....��
Sceau. de ]a municipalit6
Notes:
1. Tons les perinis prescrits doivent etre obtenus et toute ]a
l6gislation pertinente doit We respect6e, pendant I'ex6cution de la
mesure de recours,
2. Le paiement de I'amende n'annulo pas Fobligation de respecter
I'arret6, la normo ou I 'avis de conflorniit6.
3, Les coats dcviennent une Bette envers, la rnunicipalit6 et peuvent
etre ajout6s a Paris d'6valuafion et d'irnp6t fbricier municipal el
provincial,
.� %,%Aumvl LIL .,ns _121 day of
287 Tower Street
Saint John, New Brunswick
PID# 364513
....
. . ....
2
.1 -dards Officer
Inspection Dates: September 29, 2016 & February 17, 2017
Inspections Conducted by: Katelyn Davis, EIT & Rachel Van Wart, EIT
I
Inspections of the property at 287 Tower Street, PID# 364513, have revealed that there
are two buildings on the premise (the "Buildings"); a two-storey, wood -framed house (the
"House") and a detached single -storey, wood -framed garage (the "Garage"). Staff first
became aware of the property's vacancy in December 2014 and began standard
enforcement procedures. The property is located in a densely populated residential
neighbourhood in the City's lower west side. The Buildings are a hazard to the safety of
the public by reason of being open, vacant, by reason of dilapidation and by reason of
-unsoundness of structural strength.
The Buildings are not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments
thereto (the "By-law").
Unsightly Premise Conditions
Subsection 190.01(1) of the Municipalities Act states:
No person shall. permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to, a blue plastic barrel, wooden picnic table,
mattress, children's toys, a window insert, tires, mattresses and other various
loose and bagged garbage. The aforementioned accumulation of junk, rubbish,
and refuse is unsightly.
2. The House is dilapidated. The House's exterior cladding consists of layers of
cedar shingles, which are deteriorated, broken, rotten and missing in some
locations. The window frames and door frames on all sides of the House are
peeling .and weathered. There are a number of broken and cracked windows. One
of the rear doors to the House is completely rusted; the other rear door is boarded.
The cornice/ fascial soffit on all sides of the building are weathered, peeling and
rusted in some locations. In addition, there is a wooden retaining wall that runs
the length of the rear yard that is broken, falling and not secure,
3. The Garage is dilapidated. The Garage's exterior cladding consists of wooden
The Buildings and premise are unsightly.
Vacant and Unoccupied
Subsection 1'90.01(1.1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The Buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
Standard enforcement procedures began when staff became aware of the
property's vacancy in December 2014. An interior inspection of the House
was conducted on September 29, 2016 which noted evidence of unauthorized
entry. Both the House and Garage continue to be found open during routine
inspections. Buildings in dilapidated condition and left unsecured from public
entry in a densely populated residential neighborhood can attract vandalism,
arson, or criminal activity. There is currently one point of entry to the House;
the entrance to the basement at the rear of the House, and one point of entry to
the Garage; the front right door. Since the House has been vacant, at least two
other locations have been found by staff to be unsecured, including the front
door and the rear door which both provide access to the first and second floor
units.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Buildings are vacant and because it has been left open
and abandoned. The Buildings are in close proximity to neighbouring
properties located at 289 Tower Street (single family home) and 233 Lancaster
respectively (four unit building). If a fire event were to occur within the
House or Garage it could potentially spread to, the neighbouring properties
which could cause significant damage to the buildings and would endanger the
lives of the occupants,
3. There is a concern for firefighter safety in the event of a fire. If firefighters
suspect there may be people inside the Buildings, it would be reasonable to
expect they may be required to enter them. The interior conditions of the
House and Garage are not known to firefighters which pose a hazard to their
safety and others who may be inside in the event of a fire. The September 29,
20 16 interior inspection found a large amount of debris and junk items strewn
throughout the inside of the House including, but not limited to; fallen
insulation, various pieces of broken wood, broken lathe and plaster, household
furniture, household appliances, cans of paint, newspapers and other loose
garbage materials. The basement also contains a significant amount of
rubbish including, but not limited to; a water heater, furnace, oil tanks, large
metal barrels of liquid, several scattered household items and construction
tools. Rubbish and junk in the Garage includes, but is not limited to;
household items, children's toys, tires, mattresses and a large metal barrel. All
of these items are randomly scattered throughout the interior of the House and
Garage and would restrict movement of emergency personnel should they
need to gain entry. The deteriorated wooden retaining wall in the rear yard
also poses a tripping hazard to emergency personnel.
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Buildings are a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The House's exterior cladding consists of layers of cedar shingles, which are
deteriorated, broken, rotten and missing in some locations. There is a wooden
retaining wall that runs the length of the rear yard that is broken, falling and
not secure, which poses a tripping hazard to, emergency personnel or anyone
else who may enter the property. There are broken and cracked windows and
one door is boarded at the rear of the House. The stairs leading to the
basement entrance are not constructed to code and have improper run, causing
them to be difficult to walk on, again a hazard for emergency personnel or
potential injury for unauthorized access to the property,
2. Further evidence of the House's dilapidation and continued degradation is the
significant damage which has occurred inside the House. The September 29,
2016 interior inspection of the first and second floors noted multiple locations
with damage to the walls exposing the studs and insulation. Plumbing and
electrical locations are also damaged either due to attempted repairs or
vandalism. The paint is peeling from many of the walls, doors and trim
throughout the House. The inspection conducted on February 17, 2017
revealed a completely frozen floor of the basement, due to several inches of
water freezing due to temperatures. Many rubbish items are frozen into the
floor, causing a concern for tripping hazard and injury in the case of sharp
items.
3. The Garage's exterior cladding consists of wooden clapboards which are
deteriorated, weathered and peeling. The front right door to the garage is open
to the public and broken. The right side of the garage has shifted from its
foundation and the bottom row of clapboards is falling off the wooden
retaining wall. The Garage windows have been boarded. There are numerous
discarded household items in the garage, a hazard for emergency personnel or
anyone who may attempt to gain entry.
Structurally Unsound Building Conditions
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Buildings are a hazard to the safety of the public by reason unsoundness of structural
strength for the following reasons:
1. The Garage has shifted, is leaning and the base of the right wall is not
supported. The wooden retaining wall that runs the length of the rear yard
supports the right side of the Garage. The wooden cladding at the bottom of
the right wall is hanging. This likely occurred due to soil movement, shifting
and deterioration of the retaining wall. Then Garage is structurally unsound.
.j
3. There are numerous cracks in the foundation walls of the House likely due to
the significant water infiltration and freeze thaw conditions occurring in the
basement.
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the Buildings through all repair and remedial actions
as follows,
1. The Buildings must be must be completely repaired to remedy the above
mentioned hazards to public safety while meeting the requirements of the
National Building Code of Canada (2010) as well as all other applicable by-laws.
2. The Buildings must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Growth and Community Development
Services Department of the City of Saint John (the "Department") for review and
approval. The plan should also include a schedule for the work that is to be
carried out, The repaired Buildings must meet the National Building Code of
Canada (2010) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work,
5. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto
(the "Saint John Building By-law").
6. The premise must be cleared of all debris found on the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by-laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable By-laws, Acts, Codes and Regulations.
Option 2: Demolition of the Buildings and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1, The Buildings must be demolished to remove the hazard to the safety of the
public by reason of dilapidation and by reason of being vacant or unoccupied.
I A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By-law,
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard,
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented
proof, that clearly demonstrates an approved solid waste disposal site was used for
the disposal of debris, must be provided to the Department.
the Department,
5. The property must be in compliance with all applicable By-laws, Acts and
Regulations.
Prepared by:
Ma r 6h 2-o 11-
4ach�el �Van Wart, EIT Da -td
Technical Services Officer
Growth and Community Development Services
Reviewed by and concurred in by:
Amy Poffenroth, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
/V)
// � or
Date
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COUNCIL REPORT
M&C No.
2017-90
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Temporary Removal of the McLean Street Barricades
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Dean Price
Brent McGovern
m
I Jeff Trail
RECOMMENDATION
WHEREAS Common Council by amendment to the Street Closing By -Law enacted
February 13, 2006 did stop up and close permanently a portion of McLean
Street; and
WHEREAS barricades were placed to stop the flow of traffic on that portion of
McLean Street; and
WHEREAS Common Council deems it advisable for the purpose of the Safe Clean
Drinking Water Project to temporarily allow traffic to flow on that portion of
McLean Street;
Now therefore be it resolved as follows:
1. That the Commissioner of Transportation & Environment Services is
hereby directed pending an public open house information session to be
held by Port City Water Partners (PCWP) to remove the barricades on the
said portion of McLean Street just prior to the start construction work by
PCWP on Westmorland Road so as to allow traffic to flow freely;
2. And further, that a Public Hearing to consider the passing of a by-law to
stop and close the said portion of McLean Street be set for August 8,
2017.
3. And further that Common Council hereby authorizes the publishing of a
Notice of its intention to consider the passing of such a by-law identified
a bove.
`RV
-2 -
EXECUTIVE SUMMARY
Background: A number of residents expressed concern about the high volume of
traffic on Northumberland Avenue and safety concerns due to a blind hill. The
potential for accidents was found to be real and they wanted the street to no
longer be the shortcut route. In 2006 the by-law was approved to stop up and
close a small section on McLean Street.
Purpose: Temporary removal of the McLean Street barricades is for the purposes
of improving traffic and local access during the Safe, Clean Drinking Water
Project construction work along Westmorland Road. From Port City Water
Partners (PCWP) attached letter: "Port City Water Partners has concluded that
for public safety reasons, it is imperative to reduce—as much as possible—the
through -traffic in the Westmorland Road construction zone. Having this
barricade removed would reduce local vehicle traffic from the 123 residential
housing units in the area. This would greatly reduce safety risks to both the
public and construction crews, and in turn, would also increase productivity." By
increasing productivity it decreases the amount of time that the Westmorland
Road needs to be closed to through traffic.
Key findings: If Council chooses to support the temporary removal of the
barricades the contractor will not allow traffic to pass through this
neighbourhood, which was the original problem that created the situation that
lead to the stop up and closing. Instead opening the street will allow residents at
the 123 homes in the area to more safely and efficiently exit and enter their
neighbourhood.
City water project team agrees with the proposal as long as the contractor
controls the flow of traffic to and from Westmorland Road. From the attached
PCWP letter: -Port City Water Partners will maintain a road closed barrier at the
intersection Northumberland Avenue and Westmorland Road as well as at the
intersection of McLaughlin Crescent and Westmorland Road during the
construction period, preventing through -traffic onto Westmorland Road."
Proposed time to remove the concrete barricades is approximately mid-June and
the proposed time to re-establish the permanent concrete barricades on McLean
Street is mid-August to mid-September depending on the productivity of the
construction crews.
PCWP is prepared to host an open house to discuss the above with the local
residents to explain the details associated with these changes.
The project team will ensure that asphalt will be patched before and during the
detour as necessary and also if this alternate route causes damage to the streets.
`N' FA
-3 -
PREVIOUS RESOLUTION
February 13, 2006: Third Reading of an amendment to By -Law number M-23
was given which stopped up and closed a small portion of McLean Street.
STRATEGIC ALIGNMENT
The construction work proposed for Westmorland Road is a key component of
the Safe, Clean Drinking Water Project.
SERVICE AND FINANCIAL OUTCOMES
This proposal will improve access to the residents of the 123 residential housing
units in the McLaughlin/Northumberland neighborhood during construction.
The costs to the City will be the costs to advertise the public hearing and staff
time to coordinate and write reports.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Traffic Engineer:
The Traffic Engineer has reviewed the report and has no objections to the
proposal. Proper signage will be required for this temporary detour.
With respect to safety, the Traffic Engineer advised that the following factors
mitigate real or perceived safety risk:
• Length of time of temporary opening will mitigate safety risk.
• Time of year of temporary opening (i.e. no winter conditions) will
mitigate safety risk.
• Controlling thru traffic will mitigate safety risk by reducing the amount of
traffic that would otherwise use the route with a full opening and no
controls on thru traffic.
• Additional safety measures as appropriate will be added to improve
safety, for instance additional signage and/or line paint and the
temporary removal of some signage.
Lega 1:
Legal drafted the recommendation to give effect to the intention to temporarily
re -open the closed portion of McLean Street.
ATTACHMENTS
• Please see attached letter and Map from PCWP
• Please see attached photos from City Staff
-4-
T PCWP Construction Joint Venture http://www.acciona.ca
PORCITY 380 Bayside Drive, Suite #101
UV 7f li I'/4i 14 kii Saint John, NB, EA 4Y8
c�Hoioau nrn^a �ri�rarwmrvnivam
March 29, 2017
Port City Water Partners
380 Bayside Drive
Suite #101
Saint John, New Brunswick
E2,1 4Y8
Attention: Mr, Dean Price
Reference: McLaughlin Crescent Barricade
Dear Mr. Price,
Port City Water Partners is requesting that the City of Saint John pursue the steps required to have the
permanent barricade located at the intersection of McLaughlin Crescent, Spencer Street and McLean Streets
removed. Port City Water Partners is requesting this change on a temporary basis for the period of
construction for Westmorland Road for Work Component 4-3. After planning discussions with our
installation contractor, Port City Water Partners has determined that the aforementioned barricade will need
to be removed for a period of 90 days. The actual scheduled start date of work on Westmorland Road is yet
to be determined; however, it is expected that work will start in July 2017 and last through to the end of
October 2017, Port City Water Partners is requesting the removal of the barricade at the intersection of
Mclean Street and McLaughlin Crescent for the period in which construction activities are actively occurring
on Westmorland Road from Northumberland Avenue to Loch Lomond Road, Currently, Port City Water
Partners is evaluating the phasing of work on Westmorland Road in an effort to reduce the impact of the
road closure on local businesses.
After a review of the Traffic Management Plan for Westmorland Road work activities for the 120 -day road
closure, Port City Water Partners has concluded that for public safety reasons, it is imperative to reduce—
as much as possible --•-the through -traffic in the Westmorland Road construction zone. Having this
barricade removed would reduce local vehicle traffic from the 123 residential housing units in the area.
This would greatly reduce safety risks to both the public and construction crews, and in turn, would also
increase productivity. Please note that the removal of the barricade is not intended to make this section
an alternate route to Westmorland Road during the construction period. Port City Water Partners will
coordinate work activities planned for McLean Street as part of Work Component 5-1 to avoid disruptions
to traffic flow for residents of the McLaughlin Crescent subdivision. Additionally, Port City water Partners
will advise residents and local business in the area of the temporary changes and will also host an
information session specifically for the affected residents and businesses.
-5 -
Port City Water Partners will maintain a road closed barrier at the intersection Northumberland Avenue and
Westmorland Road as well as at the intersection of McLaughlin Crescent and Westmorland Road during the
construction period, preventing through -traffic onto Westmorland Road. During the period in which work
is ongoing on Westmorland Road, Port City Water Partners will maintain full access for emergency vehicles
through the barricades as noted on the attached detour plan. Traffic Management Plans will be forwarded
to relevant emergency agencies in advance of the construction start date in accordance with Schedule 12,
Section 2.29 of the Project Agreement.
Finally, in the event that the existing asphalt in the subdivision of McLaughlin Crescent is damaged, Port
City Water Partners will repair it in accordance with the Project Agreement, Port City Water Partners will
complete a pre -assessment of the current condition of the asphalt prior to the removal of the barricade.
Please reference the attached detour plan outlining the detours and the alternate exit for residents of the
McLaughlin Crescent subdivision.
Sincerely
Pablo as'illas
Project Manager
PCWP Construction Joint Venture
`Ris]
-6-
Temporary Removal of the McLean Street Barricades
fl"M
COUNCIL REPORT
M&C No.
2017-103
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: "Project Performance Update — Safe, Clean Drinking Water Project"
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Dean Price
Brent McGovern
m
I Jeff Trail
RECOMMENDATION
It is recommended that this report be received for information and filed.
EXECUTIVE SUMMARY
The project team requests 15 minutes to present the attached presentation in
open session of Common Council. The purpose of this presentation is to provide
Council with a current project performance update on the Safe, Clean Drinking
Water Project.
PREVIOUS RESOLUTION
At its meeting of January 23, 2017 M&C Report No. 2017-004 titled "Project
Performance Update — Safe, Clean Drinking Water Project" recommended and
Council RESOLVED that:
The report be received for information and filed.
STRATEGIC ALIGNMENT
The Safe Clean Drinking Water Project remains a high priority and focus as it will
bring safe, clean drinking water to the citizens of Saint John and reduce the
occurrence of boil water orders and service interruptions through the
construction of sustainable infrastructure.
`W
-2 -
SERVICE AND FINANCIAL OUTCOMES
Not applicable
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was provided by Port City Water Partners.
ATTACHMENTS
Power Point Presentation — "Project Performance Update —Safe, Clean Drinking
Water Project"- Reporting Period — January — March 2017
PDF — "SCDWPStatistics"— Reporting Period —January— March 2017
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COUNCIL REPORT
M&C No.
2017-102
Report Date
April 12, 2016
Meeting Date
April 18, 2016
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City of Saint Asset Management Roadmap
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Chair -Finance
Kevin Fudge
Jeff Trail
Committee
Ian Fagan
Samir Yammine
RECOMMENDATION
It is recommend that Common Council receive and file this report.
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with an update of the Asset
Management Roadmap document. This document will be the final component
to complete Asset Management Phase 1.
The Asset Management (AM) Roadmap document will be used by staff to
implement a comprehensive Asset Management Program across the
organization and City Agencies, Boards and Commissions.
PREVIOUS RESOLUTION
In February 23, 2017, Common Council (M&C 2017-041) approved the City of
Saint John Asset Management Policy Statement.
The purpose of this Policy was to:
• Establish the organization's commitment to asset management practices.
• Provide a clear direction and guidance for the Council and staff in
developing an Asset Management Roadmap to implement the asset
management process across the organization.
1801.13
-2 -
STRATEGIC ALIGNMENT
The AM Roadmap document is well aligned with the City of Saint John Plan SJ
policies/objectives and Council's Priorities 2016-2020. Specifically, the AM
Roadmap will align with the Council's Priorities for Value Service Delivery:
"Develop an integrated asset management plan that aligns with PlanSJ to
prioritize investment".
REPORT
In November 2, 2016, The City of Saint John engaged R.V. Anderson Associates
Ltd. to develop an AM Road Map.
The objectives of the Asset Management Roadmap Phase 1 are as follows:
• Develop an asset management policy to articulate the Council's
commitment to asset management and provide principle statements as a
means of guiding staff in carrying out the organization's business
strategies, plans and activities.
• Develop an asset management strategy to achieve and sustain the level
of asset management practice that the City wishes to target and
implement.
• Review the City of Saint John's current practices against industry best
practices and standards and perform gap analysis.
• Develop an Asset Management Improvement Plan or Roadmap detailing
the City's current state and the key improvement initiatives with target
dates to achieve asset management and Council priorities. The
improvement plan will help identify activities, tools, processes and
practices needed to implement and maintain a comprehensive asset
management program.
As of April 19, 2017, the following activities/tasks were completed:
• AM Policy.
• AM Strategy.
• Detailed assessment of the current state of the City's AM practices.
• Presentations of the AM Policy/Strategy and findings to staff, senior
leadership team and finance committee.
• Council Approved AM Policy.
• AM Roadmap document
• Presentation of the AM Roadmap to staff, senior leadership team and
finance committee.
W916.1
-3 -
Asset Management Roadmap Document
In February 23, 2017, Common Council provided a clear direction and guidance
for the City Manager and staff to develop an AM Roadmap. The purpose of the
Roadmap document is to identify activities, tools, processes and practices
needed to implement and maintain a comprehensive Asset Management
Program across the organization and City Agencies, Boards and Commissions.
The Roadmap document has identified the following activities to help achieve
the AM objectives and strategies as indicated in the City of Saint John's AM
policy and strategy:
• Life Cycle Management.
o This activity will help achieve the following:
■ Provide the current state of the City of Saint John
infrastructure and investment profile.
■ Consolidate life cycle investment profile by asset group
■ Prioritize Capital Investment over 20 years by each asset
group
■ Formalize AM workflow processes for annual budget
preparation
• Asset Management Workflow and Resources
o This activity will help achieve the following:
■ Formalize new protocol for key AM workflow activities
including condition assessments, upgrade/replacement of
asset priority decision making, annual budget process and
interdepartmental integration investment planning
■ Formalize the AM processes into the organization
structure of the City and resourcing plan to support
updated AM process implementation
• Asset Management Tools (data management).
o This activity will help achieve the following:
■ Improve/optimize data management processes for
improving the basis of investment decision-making
■ Improve the capabilities and efficiencies in managing data
for AM processes and cost effective for future data
management needs
• AM Monitoring and Reporting.
o This activity will help achieve the following:
■ Define the Level of Service (LOS) for each asset
■ Develop Key Performance Indicators (KPI)
■ Measure and report the performance and success in
delivering services supported by well managed
infrastructure
Palo]
-4-
• Individual Department Improvement Activities
o Additional activities will be assigned to the individual asset group
to help improve asset management practices and processes
within their service area.
The implementation of the Asset Management Roadmap will enable the City to
provide an optimum Level of Service (LOS) at the lowest Life Cycle Cost (LCC)
through the management of current, future assets and associated risks in
effective, efficient and sustainable manner
SERVICE AND FINANCIAL OUTCOMES
The cost to develop the Asset Management Roadmap is included in the
professional fees of R.V. Anderson Associates Ltd, through Gas Tax Funding. The
AM Roadmap document will complete Phase 1 of the asset management
program.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City of Saint John is taking a collaborative approach to asset management.
Staff from all departments and service areas were consulted and engaged
throughout the development of the AM Policy/Strategy and informed about the
detailed assessment of the current practices of the AM and the AM Roadmap.
Various workshops were conducted and presentations were made to the
department managers, Senior Leadership Team and Finance Committee.
ATTACHMENTS
Appendix A: Asset Management Roadmap Task Tracking
Appendix B: Asset Management Roadmap Detailed activities
211
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COUNCIL REPORT
Report Date April 12, 2017
Meeting Date April 18, 2017
Service Area Public Safety Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Community Awareness Emergency Response (CAER) Partner Program
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Kevin Clifford
Kevin Clifford
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the following resolution:
RESOLVED that the Mayor and Common Clerk authorize the Saint John Fire
Department to approach the community's industrial stakeholders to determine
their interest in becoming a Saint John Fire Department CAER Partner.
EXECUTIVE SUMMARY
The City of Saint John has an industrial hazard risk profile unlike any other city in
Atlantic Canada and in fact a greater industrial hazard risk profile than many
other larger urban Centre's across Canada. Accessibility to tidal waters and the
natural proximity to the North American East Coast market provided much of the
incentive for the industrial investment that represents much of our community's
diverse hazard risk profile. The 1967 amalgamation of three separate urban
planning Centres along with the unabridged urban encroachment near
established industrial centres has helped create the hazard / risk lansdscape that
exist within the Saint John Community.
The proximity of residential and commercial development to large industrial
facilities in the City's urban area highlights the need for an enhanced
comprehensive, methodical and fully integrated emergency planning,
preparation, and response program that integrates the specific needs of the
identified facilities. To this end the Saint John Fire Department and Saint John
Emergency Measures organization are introducing the Community Awareness
Emergency Response (CAER) Partner Program. The awareness component of the
OR
-2-
CAER program speaks to the understanding of both industry and the municipality
that the emergency preparation and response plans need to be a work of
collaboration, (as opposed to isolation), in the context of the community and the
cumulative risk that exist in Saint John.
The Saint John Fire Department and Emergency Measures Organization have
identified three CAER Partner Program opportunities. The benefits for the
partner are cumulative as they participate at higher levels:
• CAER Level I — A Methodical Emergency Planning, Preparation and
Response process
• CAER Level 11 - A practical based training program as delivered from
the new fire service training academy
• CAER Level III - An emergency response that is fully integrated to and
within the complete operations of Saint John Fire / SJEMO including:
Command & Control (Emergency Scene Decision Making);
Strategy/Tactics; Skills; Experience; Training and depth of
Personnel/Resources and Equipment.
Saint John Fire / Saint John EMO will be approaching potential CAER partners
over the course of the next ninety days for the purpose of sharing the
cost/benefit details and cost of the CAER Partnership opportunity.
BACKGROUND
The City of Saint John is Canada's first incorporated City and has been providing
municipal services to local citizens, businesses and industry for more than two
centuries, including the delivery of essential public safety functions. In January of
1786 the city purchased two fire engines of the hand type and established for
the first time the Saint John Fire Department. Today the Saint John Fire
department operations division consists of ten front line response crews (8-4
person units and 2-1 person units) distributed across seven fire stations. These
fire operations crews have a very diverse hazard / risk profile to attend to. The
Saint John Fire Department's authority to respond to emergencies and/or
pending emergencies across their hazard / risk profile is provided in section 7.01
of the Fire Prevention Act which states:
"A local assistant or a member of a fire department may at all times, by day or
night, enter in and upon a building or premises where a fire or explosion has
occurred or is in progress, and other buildings or premises adjoining or in
reasonable proximity to the some, with any equipment, machinery, apparatus or
vehicle and may take any action considered necessary to extinguish the fire, to
prevent it from spreading or to prevent a further explosion"
1�0-1
-3 -
Saint John is home to Canada's largest oil refinery; Canada's only Liquefied
Natural Gas (LNG) terminal; two international natural gas pipelines; integrated
pulp, paper and tissue manufacturing facilities; two large-scale thermal
generation plants; Canada's third most active marine port by tonnage, and two
main rail lines hauling a broad assortment of cargos. The City fire service also
provides support to the Point Lepreau Nuclear Power Generating Station. The
hazard / risk profile is not only diverse but further complicated in that the hazard
/ risk facilities are integrated within the urban setting. This reality presents
numerous challenges with respect to emergency planning, preparation and
response competence at the strategic and tactical level.
It is the emergency planning, preparation and response challenges that serve as
the impetus for the development presentation of the Saint John Fire Department
CAER Partner Program. From a public safety perspective, the City of Saint John
is responsible for the emergency response planning activities associated with an
increasingly complex and diverse industrial cumulative risk profile (unlike
anything in Eastern Canada). Our current emergency planning and preparation
efforts (as it relates to the industrial hazard / risk profile) are adequate but the
introduction of new technologies and processes will support a more strategic,
methodical, and integrated approach to the emergency planning, preparation
and response needs of our community.
PREVIOUS RESOLUTION
The of City Saint John Work Plan received by Council February 20th 2017
The Fire Department's immediate objective is to more fully engage key
stakeholders, particularly industry and businesses, to introduce CAER, a
community based initiative to enhance public safety community
awareness and response.
STRATEGIC ALIGNMENT
"Ensures that the delivery of efficient public safety services addresses the
evolving needs of a growing community".
"Creating opportunities to generate alternative revenue sources" through the
potential enhancements at the Saint John Fire Training Academy
SERVICE AND FINANCIAL OUTCOMES
Emergency Planning, Preparation and Response needs
As presented in the background information, the Saint John Community
possesses one of the most diverse hazard risk profiles in Atlantic Canada, if not
all of Canada. The sheer diversity of the community/industry interface has
NOW
-4 -
always presented emergency planning, preparation and response challenges to
Saint John Fire and Emergency Measures Officials. Indeed the current level of
planning, preparation and response has the opportunity to be enhanced through
technology and process. Recent emergency events across North America have
highlighted the need for a better approach to understanding the emergency
response needs in all of our communities. With this in mind the Saint John Fire
and Saint John Emergency Measures Organization (as well as Growth and
Community Development) undertook an examination of the best practice on
how to manage municipal and industrial interface risk.
Our ongoing 2015 investigation on municipal industrial interface spanned across
Canada to locations in Hamilton, and Sarnia, Ontario as well Edmonton, Calgary,
Wood Buffalo (Fort MacMurray) and Strathcona County, Alberta. It was during
this analysis where we were introduced to the Community Awareness
Emergency Response (CAER) initiative. The CAER initiative as first discovered was
centered on a number of industrial partnerships collaborating on an emergency
planning, preparation and response framework. The success of the Western and
Central Canada CAER initiatives had two defining attributes:
1) A fairly large number of potential industrial partners / or a smaller
number of very large industrial partners formed the CAER collaboration
2) Land use separation or geographical setbacks that supported the notion
that the community/municipal emergency response support was residual
to the actual CAER response.
(Our Growth and Community Planning Department have adopted
this approach on a go forward basis through policies and
standards in the City's Municipal Plan and Zoning By -Law)
Although the Western and Central Canada CAER programs were founded on two
distinctly different attributes than what exist here in Saint John (few partners /
no land setbacks), the principle of a coordinated/collaborative, methodical
emergency planning, preparation, and response program resonates as the best
possible practice for the future of emergency planning, preparation, and
response for our community.
The question for our City is "How do we adopt the CAER principle; that being a
coordinated, collaborative, methodical approach to emergency planning,
preparation and response to the Municipal / Industrial hazard / risk interface
that exists in our community"?
The answer:
• The Saint John Fire Department / Saint John EMO — Community
Awareness Emergency Response (CAER) Partner Program
PIM]
-5 -
Further to the Saint John Fire Department CAER Partner Program it is proposed
that there be three different levels of possible partnership with this community's
industrial stakeholders.
CAER Level I - The Saint John Fire and Saint John Emergency Measures
Organization will work together with the industrial partner to understand the
potential incidents (postulated events) that could occur at the partner's site.
Using continuous improvement lean six sigma methodologies the department
will develop in conjunction with the industry partner appropriate emergency
planning, preparation, and response plans. These emergency response plans will
be maintained in a live real-time environment accessible by the emergency
responder utilizing the "accelerator" technology as developed by Innovatia.
All plans will be tested or assessed within a simulation (Adams simulator) and
where appropriate a practical environment (training ground) against the Saint
John Fire Department "emergency preparation and response assessment tool"
which utilizes the most recent applicable series of standards.
CAER level I ensures that all plans and preparation efforts are
updated/documented and scheduled on an ongoing and regular basis, as
determined by applicable standard and the Municipal Emergency Response Plan.
CAER Level II — In addition to the benefits provided in Level I the partner would
also receive Municipal/Industrial partner collaboration on more fully developing
the Saint John Fire Training Academy to reflect the emergency response training
needs of the industrial hazard / risk profile in the community. A limited number
of potential CAER partners will be identified for discussion on how to ensure the
Community's emergency response training facility can help our responders
acquire and sustain critical emergency response competence. Saint John Fire
Department and Saint John Emergency Measures Organization are committed to
identifying investment resources that may be available to properly build up the
new training facility. To this end, a draft training facility site rendering will help
guide the discussions related to funding specific needs for the desired build of
the fire department training academy/facility.
A more properly build fire training academy/facility will also open opportunities
as they relate to the development of the Fire Training Facility Revenue Project.
CAER Level III — In addition to the benefits provided in CAER Level I & II a very
few number of potential CAER partners will be identified for discussion on how
an Industrial Emergency Response Team can be enhanced through collaboration
and integration. The Saint John Fire Department CAER Level III embraces the
collaborative depth and thoroughness that was observed in the response
networks in Western and Central Canada. A dedicated emergency response unit
would enhance the response network and be the sustaining link between
industrial and municipal response. A local municipal and Industrial response
Wel
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model could replicate the thoroughness as observed in Western and Central
Canada by fully integrating the industrial emergency response needs to the
established emergency response competence that has protected this community
since 1786.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Growth and Community Development has provided input with respect to the
relevancy to the City's Municipal Plan and Zoning By -Law
Council Resolution Dated February 20" 2017:
RESOLVED that as recommended by the City Manager in the submitted
report M&C 2017-038: 2017 Work Plan, Council receive the report for
information.
ATTACHMENTS
• NEB Modernization panel Fire Chief Presentation
• Council Report - PowerPoint Presentation
1819191
National Energy Board Modernization Expert Panel
NEB Modernization Engagement session
Saint John, New Brunswick
March 21, 2017
Presentation by Chief Kevin Clifford, Saint John Fire Department
Good morning, co-chairs and members of the NEB Modernization Expert Panel. My name is
Kevin Clifford. It is a pleasure to appear before you today in collaboration with Mayor Darling.
I am the chief of the Saint John Fire Department and also the Director of the Saint John
Emergency Measures Organization (EMO). My remarks today are focused on keeping the
people of Saint John safe when federally -regulated facilities are being constructed, operated or
abandoned.
Saint John's Fire Service has been operating since 1786. The citizens of Saint John remain
extremely supportive of their Fire Service; they recognize the risks that are inherent in the
oldest incorporated city that is the most industrialized in eastern Canada.
The Fire Services' strategic focus areas include the further development of response capabilities
to better support refining, processing, manufacturing and energy related industries, and the
further development of community and industrial partnerships. My remarks today are aligned
with these strategic focus areas.
I have organized my remarks in accordance with some of the topics you have included in your
Discussion Papers no. 6 and 7.
Under Discussion Paper no. 6, "Safety and Environmental Protection", you ask a number of
questions. I am citing some of these questions here and providing the Fire Department's views
on them.
What are your views with respect to the existing compliance and enforcement tools
available to the NEB for safety and environmental protection? Based on our experience with
existing NEB -regulated facilities in the City of Saint John, we find these tools to be
satisfactory.
a. What are your views as to adherence to these tools? The NEB must continue to monitor
companies' compliance and when necessary enforce and prosecute. It has the tools
already. They are listed on the Compliance and Enforcement page of the NEB's website
(see histp ✓ ✓ ✓:.r Llf,qcg/s it yrr r i/ r fr�c/ir x: rig..hriMj They include
inspections, audits, administrative monetary penalties, incident investigation, Board
orders and directives, and implementation of corrective action plans. The toolbox is well
supplied. Having said that, the government needs to ensure through the appropriations
231
process that the NEB has the resources, financial and human, to use these tools
effectively.
b. What are your views as to the current use of these tools to advance risk management
and any barriers or remedies that would enhance safety? We see the NEB currently
using its toolkit effectively, subject to the NEB continually improving its processes.
c. What are your views as to the safety and environmental performance reporting that is
currently done and areas for improvement? We find the reporting to be satisfactory,
subject to the NEB continually improving its processes. In that respect, something could
be learned from the rail sector. Our Fire Department receives regular reports from
railroad companies on the situation on the ground with railway crossings and other
hazards and what they are doing about them. Information is frequently exchanged with
us and the ongoing dialogue is very worthwhile and promotes positive safety outcomes
and emergency preparedness. Similarly, I would see a more frequent exchange of
information between pipeline companies and municipalities about what is happening on
the ground, creating a richer monitoring process. We would support a new legislative
provision in the NEB Act directing the NEB to lead this ongoing dialogue, and requiring
the NEB to monitor and publish reports about its own performance and that of the
pipeline companies in that regard.
2. Are there additional initiatives the NEB could undertake to help promote a positive culture
for safety and environmental protection? We would support any legislative amendment
that would support, if not require, the NEB to lead an ongoing dialogue between regulated
companies, the NEB and its staff, first responders and municipalities to make sure the best
local expertise and the most current regional and local data and information is available to
promote safety and protect communities and their environment. This may require
provisions to more explicitly allow the NEB staff to have informal, ongoing conversations
with companies, first responders and municipalities, something which may not strictly align
with the quasi-judicial character of the NEB. A specific provision in the NEB Act to support
this kind of activity may facilitate the NEB staff's work and protect against criticism that the
NEB is not following the some rules it uses during public hearings. The rules for ongoing
dialogue with the NEB staff should be different, while still being consistent with the
principles of natural justice and procedural fairness.
More specifically, with respect to emergency response, we would support a legislative
provision directing the NEB to lead a collaboration between pipeline companies and those
municipalities that are interested in being involved and active. The City of Saint John would
have such an interest and would want to be part of the creation and implementation of
emergency response. By being involved early, at the design stage, we would be well
connected to the realities of the pipeline on the ground and be effective when an emergency
occurs and requires a team effort combining the resources of the pipeline company, the NEB,
and the City. While we would expect cost recovery for this role, it is clear to me that the
value of our contribution would be at least as positive, if not greater, than consultants or
other third parties, and certainly less costly.
This improved collaboration would be in keeping with recent action taken by the NEB. We
recently had discussions with the NEB staff on liaison and consultant activities of NEB -
regulated companies with those who may be involved in an emergency response. We
answered a questionnaire and had an excellent exchange of ideas. We applaud this
initiative. Having NEB leadership in this area codified in the legislation would help make
sure the dialogue continues and its effectiveness gets measured.
3. What are your views on monitoring committees? The concept appears to us to be positive.
The City of Saint John and its Fire Service are willing to participate in them.
I will now answer the first question the Expert Panel is asking in Discussion Paper no. 7,
"Emergency Prevention, Preparedness and Response: Tools and Requirements"
1. In your opinion, are the existing emergency preparedness and response tools and
requirements sufficient? If not, what additional tools or requirements are needed? In keeping
with my response to Question 2 under Discussion Paper no. 6., what would be worthwhile would
be a more rigorous and formal system of collaboration and coordination between pipeline
companies, the NEB and regional and local authorities. A specific provision in the legislation
would make it mandatory. The City of Saint John and its Fire Department would be willing to
contribute to this system of collaboration and coordination.
Overall, as you can tell, and consistent with the Mayor's comments to the effect that the
current regulatory framework is working well subject to continual improvements, I believe the
NEB has many of the tools it needs to do its job to help communities remain safe and to protect
their environment. Adding legislative provisions to promote and support collaboration and
coordination with local authorities such as the Saint John Fire Department and regulated
companies would be a much -welcomed improvement.
Thank you for considering the City of Saint John's Fire Department remarks.
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COUNCIL REPORT
M&C No.
2016 -
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Committee Structure
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jeff Trail
RECOMMENDATION
The City Manager recommends that, based on the pilot evaluation period from
September 2016 through March 2017, that Common Council adopts the current
structure of standing Committees for Finance and Growth as standard practice
and directs the Nominating Committee to maintain a full complement of Council
members as per the existing Terms of Reference.
EXECUTIVE SUMMARY
The concept of a Committee system was introduced in September 2016 as a pilot
program to be evaluated after six months of operation. The result of the
Committee system has been a streamlined budget approval process for the SJ
Water operating and capital funds as well as the General operating and capital
funds in a very orderly fashion in late 2016. It also resulted in the creation of the
Roadmap for Growth, an extensive consultative process designed to greatly
enhance the levels of growth and development in the city for the balance of the
Council term and beyond.
Based on a subjective evaluation of the first six months of the Committee
system, it would be considered successful and therefore, the City Manager is
recommending that Common Council maintains the current Committees of
Growth and Finance with the existing Terms of Reference. There is also a
general recognition that the time commitment is greater for Committee
members as well as staff and in light of that greater commitment, it is not
recommended to expand the system at this time.
Q111
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PREVIOUS RESOLUTION
Having been provided a briefing on governance followed by a discussion on
options related to appointments to agencies, boards and commissions and a
potential committee system for Council to consider, the City Manager
recommends that Council:... Directs the Nominating Committee to establish
two Committees (Finance and Growth) as a 6 month pilot project, commencing
September 2016. ... Directs the City Manager to schedule a review of the
Committee structure in March 2017 following six months of assessment ...
STRATEGIC ALIGNMENT
Common Council, in setting its priorities for 2016 — 2020, established Fiscal
Responsibility and Growth and Prosperity as two of its primary themes for work
during this term. The creation of the Committee system through a pilot project
has allowed Council members to focus in two of its priority areas.
REPORT
Committee Structure
The concept of a Standing Committee structure for Common Council has been
considered several times in the past. The Standing Committee pilot has been
operating successfully for over six months now and has proven to provide
considerably deeper knowledge in both general subject areas and an ability to
evaluate, consider and develop policy direction in far greater detail than would
have been otherwise possible.
During the original submission for consideration, it was envisioned that the
system could be expanded one day to include a full complement of Committees
for Council involvement, including:
Growth - Responsible for growth of the economy and tax base with linkage to
Enterprise SJ, Waterfront development, Industrial parks, Tourism development,
and Heritage preservation. Linked primarily to the Department of Growth and
Development Services.
Finance - Responsible for fiscal management, audit, budget development,
resource allocation, continuous improvement, open data and information
management. Linked primarily to Finance and Administrative Services and
Strategic Services within the City Manager's office.
Community Services - Responsible for implementation of PlaySJ, recreation,
parks, trails, gardens, community development and poverty reduction — linked
primarily to Recreation and Leisure Services Division within Transportation and
Environment.
Pzya
-3 -
Public Safety - Responsible for oversight of public safety services, including
police, fire, building code, by-law enforcement and EMO. Linked primarily to
Fire/EMO Services with reporting from Board of Police Commissioners.
Transportation and Infrastructure - Responsible for capital investment
prioritization, implementation and operation of Safe Clean Drinking Water, road
and sidewalk programs, water and wastewater, storm water, parking and transit
services. Linked primarily with Transportation and Environment services and SJ
Water.
External Relations - Responsible for intergovernmental relationships, Federation
of Canadian Municipalities, Cities Association of NB, NB Municipal Association,
and key liaison with provincial and federal governments. Linked primarily with
City Manager's Office.
At this time, because of the significant change of practice and the high levels of
activity for both Committees during the pilot phase, it would be advisable to take
a slow approach, maintaining the current Committees but not expanding the
structure at this time. Common Council can decide whether to proceed with
further Committee development in the future after more experience with
working in this system.
Each Committee is currently comprised of five Council members, including a
Chair and Vice Chair. The Mayor also sits as a voting member on both of the
Committees. It is recommended that, along with keeping only two Committees
active, that the current composition be maintained. There have been times
when it has been difficult to achieve quorum and maintaining the overall
Committee composition at 6 members allows for quorum to be attained more
readily. Decisions still require full ascent of Common Council, so the influence of
Committee over Council has not presented any significant challenges to date.
Meetings - Meetings of Committees have been held primarily in open session
following the rules set out in legislation and have been held generally much
more frequently than monthly. Staff support is required to develop the agenda
and materials in advance, capture minutes and follow-up items and all meetings
are communicated in advance as per current procedure. Committees have no
decision-making authority, but provide recommendations for consideration by
Common Council. Presentations by applicable ABC's have been scheduled in
Committee where appropriate. At this point, Committee work has not reduced
the workload or agenda volume of the regular meetings of Common Council as
had been originally anticipated. This has resulted in considerably more staff
work, especially in non-traditional business hours, but has also generated very
high quality analysis and discussion. Expanding the current structure, with the
current volume of meetings, would likely be difficult to maintain.
Q11 191
-4 -
Nominating Committee will need to consider whether or not to recommend
rotating the membership of Committees on a regular basis, or maintaining
continuity throughout the full term of Council.
SERVICE AND FINANCIAL OUTCOMES
The Committee structure has enhanced the governance of the City, allowing
individual Councillors to become more familiar over time with the fields of
Growth and Finance. In depth analysis and discussion of complex subjects such
as development of the capital and general operating budgets along with the
creation of the growth roadmap have been greatly enhanced.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Each of the Committees was asked to provide feedback on the experience with
the Committee structure pilot thus far and overall the feedback was positive.
Comments were shared regarding expansion of the system, rotation of
membership, overall total composition of the Committees and the overall value
of the exercise.
ATTACHMENTS
N/A
COUNCIL REPORT
M&C No.
M&C 2017-95
Report Date
April 10, 2017
Meeting Date
April 18, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City of Saint John Transportation Strategic Plan Phase 2 Consulting
and Engineering Services — Follow Up
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Michael Hugenholtz
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
It is recommended that:
1) Common Council award engineering and consulting services for
Transportation and Strategic Plan Phase 2 to IBI Group at a cost of
$200,100.00 plus applicable taxes.
2) That the Mayor and Common Clerk be authorized to execute the
Consulting Engineering Agreement.
EXECUTIVE SUMMARY
At the meeting of March 201h, Council considered a report recommending award
of contract for Phase 2 of Move SJ, the City's Transportation Master Plan. There
were some questions and concerns raised during this meeting specifically
relating to the need for the plan at this point in time, and questions around the
timing of the various phases. This report is intended to address those questions
and concerns.
Azle
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STRATEGIC ALIGNMENT
This report aligns with Common Council's priority of Vibrant, Safe City.
REPORT
A transportation master plan is a key planning document that will help ensure
that our operational plans and our strategic infrastructure investments are
aligned with Council's priorities and the principles of smart growth. There are
strong links between this plan and Plan SJ, the SCP Neighbourhood Plan as well
as the recently endorsed Roadmap to Smart Growth.
Given the resource constraints the City is facing and some pressing needs in the
community around transportation it is understandable that Council wants to
ensure that this is the right investment at this time. There were many difficult
decisions made during the budgeting process this year but the decision was
explicitly made at that time to allocate the funds for this next phase of Move SJ
for many of the reasons articulated in the previous report. An up-to-date
Transportation Plan reflects best practice and will help guide a significant
amount of the City's yearly operating and capital expenses over the next 25
yea rs.
In response to some of the specific concerns articulated at the March 20th
Council meeting staff offer the following additional information:
Affordability
One of the questions raised was about the value of a plan that would likely
identify a number of priorities or investments that might not be affordable given
the City's financial constraints. One of the outputs from this plan (Phase 3) will
be a prioritized plan of transportation system improvements. Transportation
system improvements are usually very costly. Some of the known problem
intersections in the City (i.e. Rothesay Avenue/Retail Drive/Ashburn Lake Road
and Simms Corner) already have conceptual designs in place with combined
costs of over $25 million.
This is a large sum that represents a considerable amount of our total capital
budget for a number of years. It should be noted however that there are other
potential funding sources out there for these investments. There is a new round
of gas tax funding anticipated for 2019 — 2023 that staff anticipate will be in the
range of $20 — 25 million. The last round of gas tax funding was largely allocated
towards necessary stormwater improvements to alleviate flood risk but these
projects are nearing completion. Council will have an opportunity over the next
-3 -
year or two to consider what their priorities are for the next round of funding -
strategic transportation system improvements may be on that list.
The plan will also identify other more minor changes to the integrated
transportation system that will improve traffic flow and potentially avoid costly
infrastructure upgrades in other areas.
Immediate Value
Not all of the outcomes from Phase 2 of this plan will require expensive
infrastructure improvements. One of the main deliverables that will bring
immediate value is a strategy for transit and parking. Both services have seen a
lot of flux over the last year or two, and both are lacking a longer term strategic
plan. The next phase of Move SJ will provide a lot of the answers to questions
such as:
• What is the optimal number of annual service hours for public transit?
• What should the frequency be on transit routes during peak and non -
peak service times?
• What is the optimal minimum and maximum distance between bus
stops?
• What is the optimal fare structure?
• What is the optimal number of on -street parking spaces?
• What is the required number of off-street parking spaces
• Where should loading zones be located?
• What role should surface lots and parking structures play in the City's
overall parking strategy?
Timing Considerations (Truck Routes)
One of the challenges in the City currently is the truck routes which sometimes
pass through residential neighbourhoods. Based on the concerns heard from
Councillors and the public, staff have asked for an adjustment in the sequencing
of the work to include an examination of truck routes in this phase of the
study.
This will help solidify the City's strategy for dealing with the current challenges
and help establish guidelines to manage potential conflicts in the future.
Staff Capacity & Capability to Undertake this Study
One of the questions asked was about staff's ability to undertake this study
instead of contracting it out to a consultant. The answer to this question
involves staff capacity and capability. Key staff that could lead the efforts on this
study include our traffic engineer, parking & transit staff and planning staff. Each
of these people are occupied with day to day operations and several corporate
Q'IVA
-4 -
initiatives. These would have to be delayed or impaired to some extent to allow
for the necessary focus on the transportation plan.
When it comes to specialized studies or designs it is common practice to
contract appropriate technical expertise to do this work. Key members of the
proposed project team have decades of experience performing these types of
planning exercises including transportation planning, design of active
transportation networks and roadways, transit planning and parking
management. They also bring lots of perspectives from other municipalities
across Canada and North America which our own staff do not have.
The presentation to the Growth Committee and to Common Council have been
removed from IBI's scope of work and will be done by our staff to help control
the overall cost.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The staff of Transportation & Environment Services, Parking & Transit as well as
Community Growth & Development are supportive of this project moving
fo rwa rd.
ATTACHMENTS
M&C 2017-55: Move SJ Phase 2 Award of Contract
fPz1:3
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. City of Saint John Transportation Strategic Plan Phase 2 Consulting
and Engineering Services
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
Primary Author
Commissioner/Dept. H
Report Date
February 28, 2017
Meeting Date
March 20, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. City of Saint John Transportation Strategic Plan Phase 2 Consulting
and Engineering Services
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
Primary Author
Commissioner/Dept. H
�/Ianager
Katherine Shannon J
Michael Hugenholtz
'rail
RECOMMENDATION
It is recommended that:
1] Common Council award engineering andconsu|timgserviceafnr
Transportation and Strategic Plan Phase 2 t |B| Group at a cost of
$l85,645.QOplus applicable taxes.
2) That the Mayor and Common Clerk be authorized to execute the
Consulting Engineering Agreement,
EXECUTIVE SUMMARY
|nNovember 2Ol4,Council awarded the engagement ofPlanning and
Engineering services for Transportation Strategic Plan — Phase 1 to 1131 Group.
The proposal 181 Group submitted for the project included three phases. Phase I
- Research; which iscomplete, Phase 2 Plan Development and Phase 3 Plan
Finalization. With the research phase completed, Phase 2; Demand Model
D2xeloprnentisready tubegin.
1131'Group will be presenting results of Phase 1 to Common Council on March 20L
2017,
2
PREVIOUS RESOLUTION
On November 24, 2014, Common Council adopted the following resolution:
"RESOLVED that as recommended by the City Manager in the submitted report
M&C 2814-201: Engagement nfPlanning and Engineering Consultant;
Transportation Strategic Plan, — Phase 1, that the proposal from IBI Group for
planning and engineering consulting services for the City ofSaint John
Transportation Strategic Plan (MoveS]) (the "Project"), be accepted as follows:
a) Phase 1 of the project istnbecompleted byIBI Group, atacost of
$2Dl,1O4.00,all applicable taxes included;
b\That the Mayor and Common Clerk beauthorized toexecute the Consulting
Eng|neeringA0pegnnen1.^
STRATEGIC ALIGNMENT
This report aligns with key Common Council priorities including:
�
Vibrant, SafeCity—Thep|anvviMdeveUopstrategiesforpub|icamd
transportation which will aid indeveloping neighhbourhoods aligned with
the community's development vision established in P|amSJ which include
accessible, reliable and cost-effective public and active transportation,
Valued Service Delivery —The project will provide anassessment of
required transportation system capacity tosupport future growth and
development that will boamimportant input immanaging the City's
transportation assets and guiding future investment in the transportation
system. This will also serve Comnd|~o Priority of Fiscal Responsibility as it
provides an input into the long-term financial planning for capital
improvements to the City's transportation network.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost ofwork from |8|Group tVprovide planning and engineering
services for Phase 2is$I05,64EUDplus applicable taxes, Funding for this project
isincluded inthe 20l7operating budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The a,bove process ioinaccordance with the RFP terms and conditions and the
City's Procurement Policy and Materials Management support the
recommendation being put forth.
_3-
ATTACHMENTS
3-
ATTACHMENTS
M&C 2014-201: Engagement of Planning and Engineering Consultant;
Transportation Strategic Plan — Phase 1
166
251
COUNCIL REPORT
M&C No.
2017-106
Report Date
April 12, 2017
Meeting Date
April 18, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2017 Asphalt Pavements Work
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rod Mahaney
Michael Hugenholtz /
Brian Keenan
Jeff Trail
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
Asphalt maintenance, surface repairs and new road construction are primary
concerns of citizens and a priority of Common Council. This report updates
Council on asphalt pavements work and associated funding allocated for Saint
John roadways in 2017.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Operating Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
December 12, 2016; 2017 General Fund Operating Program Approved.
18M
-2 -
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
REPORT
The following funding allocations have been provided for maintenance and
resurfacing of asphalt pavements under the General Fund Capital and Operating
budgets, and under the Water and Sewerage Operating budget for utility cut
reinstatements:
Asphalt Material (General Fund)
$ 750,000
Asphalt Resurfacing (General Fund)
$ 265,000
Asphalt Resurfacing (Capital Fund)
$ 4,200,000
Utility Cut Reinstatements (W&S Fund)
$ 850,000
Saint John Water has a requirement for the reinstatement of over 120 utility cuts
resulting from water and/or sewer repairs undertaken during the past winter
season with an overall average of 400 utility cuts requiring reinstatement each
year. This is a planned expenditure with the funding for utility cut reinstatements
included above.
In 2017 the utility cut reinstatements will be carried out by Transportation &
Environment Services crews on behalf of SJ Water. In addition, substantial
internal resources (personnel and equipment) are programmed in the General
Fund for the in-house asphalt maintenance and repairs.
Longer-term preventative maintenance is multi -faceted and includes resurfacing,
crack sealing, and some local area patching; all with the goal of extending service
life of roadways. Resurfacing using contractor resources is planned for 33 street
sections (31.95 lane kilometres) as shown in Appendix A. Notable in relation to
this work are the adjustment of over 440 roadway structures (e.g. catch basins,
manholes) in conjunction with the actual asphalt resurfacing.
The $4,200,000 of funding under the Capital Program that has been provided
includes provision for the replacement of existing curb and sidewalk in
conjunction with the Asphalt Resurfacing Program on a number of street
sections as identified in Appendix A. Existing curb and sidewalk will be replaced
on sections of Beach Crescent, Courtenay Avenue, Fifth Street, Lingley Lane,
Loyalist Lane and Marlin Drive among others.
184*3
-3 -
Hot mix asphalt material is generally not available until late April each year.
There are currently 100 Lane Kilometres of streets that are in the Reconstruction
Category. General maintenance and repair work by City forces is planned for
some of these street sections in 2017 but eventually these 100 Lane Kilometres
of streets will need to undergo a full Reconstruction.
Under the General Fund Capital Program, the following streets will be given new
asphalt surfaces through reconstruction in 2017:
• Belleview Avenue (Pokiok Road to Civic # 32 Belleview Avenue)
• Currie Avenue (Pugsley Avenue to Visart Street)
• McLellan Street (Pokiok Road to Highland Street)
• Pokiok Road (Spar Cove Road to Dead End)
Pavement Condition Index (PCI) The City utilizes MicroPAVERTm, a statistical
measure that requires a visual inspection process to evaluate and rate pavement
condition. The PCI is a numerical index between 0 and 100. The resulting
composite PCI summarizes the structural integrity and surface condition of each
street section and predicts future maintenance and rehabilitation needs.
Deterioration Curve
Asphalt Pavements
.X
1mta FOR
REHAEMILIATII N
EAI "w p� H
ERE
N
SIGNIFICANT ICP
VER POOR IN CONDITION _ WILL COSTHERE
MALL % OF
PAVEMENT LIFE
IIAf1
The overall average PCI at the end of construction season in 2016 for City of
Saint John streets was about 78. Based on funding allocated for 2017, the overall
average PCI is projected to be at about 77.
Ne"I
-4 -
SERVICE AND FINANCIAL OUTCOMES
Asphalt pavements, and concrete curb and sidewalks are essential infrastructure
which directly impacts the quality of life in our community. Roadway
infrastructure is important to the economic health of the community and citizens
expect these assets to be maintained to an acceptable standard. Proper and
timely maintenance of all roadway assets will ensure public safety, extend
service life of the asset, and achieve best value for the investment.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
APPENDIX -'A' Asphalt Resurfacing Street List for 2017
N&I
Contract No.:
Project Manager:
Engineer:
Project Description:
Technicians:
Council's Approval to award
contract:
Date M & C approved
Contractor's Name:
Contractor's H.S.T. Number:
Advertisement sent upstairs 1 wk
prior to insertion in newspaper
When Tender Closes:
When Tender Awarded:
Number of Days in Contract:
Contract to be Completed By:
City of Saint John
Transportation Department
2014-8
Rod Mahaney
Asphalt Resurfacing 2014
Rodney Mahaney
Who won bid?
Important Dates
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COUNCIL REPORT
M&C No.
2017-101
Report Date
April 11, 2017
Meeting Date
April 18, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-13 Asphalt Resurfacing 2017
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Rod Mahaney
Michael Hugenholtz/Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-13: Asphalt Resurfacing 2017 be
awarded to the low Tenderer, Classic Construction (2012) Ltd., at the tendered
price of $5,004,472.25 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2017-
13: Asphalt Resurfacing 2017 to the low Tenderer.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Operating Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
December 12, 2016; 2017 General Fund Operating Program Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
18401
-2 -
REPORT
BACKGROUND
The 2017 General Fund Operating Budget for Transportation and Environment
Services and the 2017 General Fund Transportation Capital Program include
provisions for the resurfacing of a number of streets in the City. This is an
annual program to upgrade and maintain deteriorating street surfaces under
the maintenance and capital resurfacing programs.
This contract includes all work associated with the resurfacing of a total of 33
streets or segments of streets. This work consists generally of the supply of all
necessary labour, materials and equipment for the placement of approximately
15,307 tonnes of Superpave hot -mix asphalt. Also included in this contract is
the installation of approximately 7,780 lineal meters of concrete curb and 2,796
lineal meters of 1.5 meter sidewalk.
TENDER RESULTS
Tenders closed on April 11, 2017 with the following results, including HST:
1. Classic Construction (2012) Ltd., Saint John, NB $5,004,472.25
2. NRB Construction Company Ltd., Saint John, NB $5,103,826.50
The Engineer's estimate for the work was $5,078,600, including HST.
/_101FAW1100
The tenders were reviewed by staff and were found to be formal in all respects,
with the exception of a tender from Debly Enterprises Ltd. The tender submitted
by Debly Enterprises Ltd. did not include a bid bond. The tender was rejected by
the Tender Opening Committee in accordance with General Specifications
Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 f.
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. The
asphalt production and placement processes will be closely monitored to ensure
conformance with project specifications. Work is expected to begin the first
week of May and continue until October 15, 2017.
N091
-3-
Id1►/_10[0/_1N1LTA I»[4YTINI M 0161
The Contract includes work that is charged against various Operating and Capital
Budgets. 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 $ 4,989,000
Project net cost $ 4,860,000
Variance (Surplus) $ 129,000
Igo] 114V=II1►19711 ilk] 1010to] 9ito] 0RIII e141 M 0114to] ►0111ATTO W
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.
SERVICE AND FINANCIAL OUTCOMES
Asphalt pavements, and concrete curb and sidewalks are essential infrastructure
which directly impacts the quality of life in our community. Roadway
infrastructure is important to the economic health of the community and citizens
expect these assets to be maintained to an acceptable standard. Proper and
timely maintenance of all roadway assets will ensure public safety, extend
service life of the asset, and achieve best value for the investment.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
N/a
AP I 1 2(), 17
MIONEIRWIM
Mayor Don Darling and Members of City Council.
15, Market Square
Saint John Nb, E21- 41-1
Dear Mayor Don Darling and members of Common Council,
Common Clerk
We a concerned group of Saint John citizens would like to set a up a meeting with Council
on, April 18th as the Jelly Bean Buildings letters are on that agenda now.
We were horrified when the building were tore down on April 8, 20117 after so many
people wanted at least a extension to have our concerns heard. We realize that there are a
number of buildings that should be tore down but felt these three should not have being
in that group. The age and trdrn and craftsmanship were unique and cannot be duplicated,
ironicaNy the, Big Pink Bus Sign was still standing when the buildings were reduced to the
pile of rubble they now are.
Sincerely yours,
Carrel Teel
101 Leinster, Saint John, Nb. E2MIJ4
cnte2l@yahoo.ca or phone 652 8475
alternate: Ja nelle Russel I phone 416 704'7'348
NOM
2#256\
We support the, rescueof SaintJohn's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them dowe;«\7»§<,2» y Non -Profit Housing (SJNPH)
who have not raised the $5million they need to build an apartment complex.
We, call for a Public Enquiry into why Saint Johin CityCouncil did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybeain houses that was occupied, to tear it down, who approved this waste of
taxpayer money- why interested developers were: excludedand 2#:«« ?■<d,# to.
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a clevelope
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We reject the plan to tear them down by Saint John Noin-Prof it Housing, (SJN PH)
who have not raised the $5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed wit
a developer since 2013, why they paid approx. $200,000 to buy one:of the
Jellybean houses that was occupied, to tear it down, who approved this waste o
taxpa`y� money; why interested developers were excluded and not responded t
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Noni-Profit Housing (SJNPH)
who have not raised the $5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000i to buy one of the
Jellybean houses that was occupied, to teiar it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
NAME
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH)
who have not raised the $5milhon they need to build an apaent complex.
We call for a Pub!lic Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
Q-1-1
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We call for, a Public Enquiry into why Saint John City Council did not proceed wit
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste o
taxpayer money; why interested developers were excluded and not responded tj
N,AME
SIGNATURE
NAME
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KIM
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From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: March -31-17 10:59 AM
To: Tibbits, Kelly
Subject: FW: "Jellybean" houses on Wellington Row
-----Original Message -----
From: Dee Stubbs -Lee
Sent: March -30-17 11:36 AM
To: External - CommonClerk; Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie,
John; Lowe, Gerry; Reardon, Donna; Merrithew, David; Strowbridge, Ray; Sullivan, Gary
Subject: "Jellybean" houses on Wellington Row
Your worship Mayor Darling and members of Council,
I am deeply concerned about talk of demolition of the so called "Jellybean" houses on Wellington Row. The preservation
of these structures is important to many citizens of Saint John. They have historic importance (their lack of official
"heritage" designation notwithstanding) as three of the oldest remaining structures in the uptown core, predating the
famous Great Fire of 1877 by a generation. Personally, I also find the architecture of these structures to be quite
attractive and feel that they add substantially to the pleasant character of the neighbourhood.
As I understand it, some members of council have taken a position publicly that the buildings are unsaleable and
unsalvageable. I am not convinced that either is the case.
In the name of full disclosure, I have not personally seen the interior of these structures, and know them only from their
street facades and from recent photos I have seen on social media of the interiors. Based on that information, I do not
believe the structures to be unsalvageable. My husband and I have owned two heritage structures in uptown Saint John
(one officially designated and one not), and rented several others (both residential and business spaces) over the years.
I also have a professional background in heritage conservation, having worked in a related field for decades. I
understand the importance of heritage preservation - not only for sentimental or moral reasons, but in terms of cold,
hard economics. When will Saint John realize that heritage is not a handicap but an economic driver with considerable
untapped power, and treat it as such?
I would very much appreciate it if the City would exhaust all possible avenues to save these structures, including putting
them for sale on the open real estate market, which I understand has never been done.
Once structures such as these are demolished, they are lost forever. Today's short sighted decisions have repercussions
for generations to come.
Thank you for your careful consideration of this matter.
Respectfully,
Dee Stubbs -Lee
Sent from my iPhone
010
Tibbits, Kelly
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: March -31-171:08 PM
To: Tibbits, Kelly
Subject: FW: Jelly Bean Buildings
From: Carrol Teel
Sent: March -31-17 12:58 PM
To: External - CommonCierk
Subject: Fw: Jelly Bean Buildings
On Friday, March 24, 2017 10:09 AM, Carrol Teel <cnteela-yahoo.ca> wrote:
Dear Mayor Darling and members of City Counsel
To start I'd like to say we moved from Alberta to Saint John, NB. nine years ago and the
main reason for moving here was because of the history and charm of the city. We have
invested in the city by buying 4 buildings and the last one is a 1877 building uptown
blocks from King Square.
Because of the high taxes,we have sold two of the buildings at a lose but hoped to stay
and enjoy the quality of life we expected by living up town Saint John.
Understanding that the Synagogue and the JB buildings are in poor repair but also
knowing people are interested in restoring with their money why would you not let
them? We could look forward to the taxes in the future like the reversing falls
restaurant which was the same situation and now is going to be an attraction to locals
and tourists alike.
In closing I'm also told SJNPH had an option but the time has run out and you extended
it? You have plenty of other options they NPH could look at land wise. I also note
Deputy Mayor Mcalary is on the board for SJNPH and wants that land but in fairness as
she works for the City should she have a say? I'm also sure NPH would not add to the
charm that this area could be restored to.
I look forward to your response
Yours truly Carrol Teel
� • •
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: March -31-17 2:59 PM
To: Tibbits, Kelly
Subject: FW: 15-19 Wellington Row and Surrounding Structures
From: Christine Gilliland
Sent: March -31-17 1:40 PM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John; Reardon, Donna;
Merrithew, David; Strawbridge, Ray; Sullivan, Gary; External - CommonClerk
Subject: 15-19 Wellington Row and Surrounding Structures
March 31, 2017
Dear Honourable Don Darling, Mayor of the City of Saint John,
Members of the Saint John City Council,
Common Clerk, City of Saint John
Your newly released City of Saint John Roadmap for Smart Growth says that "in order to grow our population,
employment and tax base, we must first understand (and be able to communicate effectively to everyone) what
makes us different from other cities seeking to grow these same areas. What does Saint John have that other
cities don't? What is unique? Why come here?" (Executive Summary, p.2)
Our regional economic development agency, through its Brick Park marketing initiative, recognizes that "Saint
John's bricks and beam architecture and long history make for inspiring workplaces, a rich heritage, and a
perfect little downtown filled with special nooks and secret hideouts..."
Visitors are astounded by our heritage architecture. People choose to move here because of our heritage
architecture. We often represent our built heritage in our destination marketing efforts.
Our heritage architecture is a preeminent aspect of our Unique Selling Profile and should be considered a major
contributor to our economic growth.
I am disappointed that our municipal government has not followed an open and transparent process around the
marketing and sale of the buildings at 15-19 Wellington Row — affectionately known as the jelly bean houses. I
am disappointed that the promised public consultations in the case the jelly bean houses were part of the
development plan for Peel Plaza (or, alternatively, not part of the development plan) never happened. I am
disappointed that after years of neglect under the city's ownership these buildings are now under threat of being
demolished. I am disappointed that there has been no communication from our municipal government on this
matter.
I urge you listen to the comments your constituents are directing to you through social media at Save our Jelly
Bean Houses! and through their letters, and I ask that you exhaust all possible avenues to save 15-19
Wellington Row and surrounding structures from demolition, including putting them for sale on the open real
estate market.
X70
Our built heritage matters to our city and our region.
Sincerely,
Christine Gilliland
34 Orange Street, Saint John, NB EM 1M1
(506) 343-5154 1 cMsgilliland4@wnail.com
271
April 2, 2017
Mayor and Council
15 Market Square
P.O. Box 1971
Saint John, NB
E2L 41-1
Dear Mayor and Council
I am writing this letter to express my great concern over and opposition to the proposed demolition of
the Jelly Bean houses on Wellington Row, as well as other similar homes on the corner of Union Street
and Wellington Row. Though I am only in my 20's, I have seen many buildings closed up, neglected and
torn down, many of which have been connected to my own life. This must stop! When you tear down a
building, you are not just trucking tons of useable materials to the landfill, but also tearing down the
past and history of our citizens. Soon there will be nothing of this old city left for anyone to enjoy.
I was born and raised here in Saint John, but have honestly discussed and am seriously considering
moving away. If I had my way, I would pack my bags right now. Only my Husband and his deep roots
keep me here, for now. Just after the New Year he and I had some serious discussions about moving to
Nova Scotia or PEI. We both want to live somewhere that history and heritage properties are respected
and repurposed, instead of small minded decisions of demolition and despair. While our home is modest
now, we hope to someday be part of the stewardship of historic properties. However, it seems every
time you turn around, buildings are being demolished and stores are being shut down! It does not give
you the feeling of hope, motivation or pride to live here. Quite the opposite- living here drains you. It
leaves you with thoughts like "why bother", "that's typical of Saint John" or "what's the point of getting
involved or caring, the politicians are just going to do whatever they want anyway?".
A brief list of lost places came to mind. Below I have listed just some of the structures that I have seen
torn down during my own short life, instead of being repurposed, refurbished, re -envisioned and
reused. Please do not let these historic buildings on the corner of Wellington Row and Union Street be
next.
Torn Down in last 20 years:
• The Old General Hospital
• Provincial Hospital
• New Albert School
• Paramount Theatre
• Building next to Paramount Theatre
• Simms Brush Factory
• Ocean Hawk 11, tug boat on the Board Walk
• The Lyric Theatre
• Rockwood Park bumper boats, mini golf, batting cages
NO
• Rockwood Park water slide
• Rockwood Park playground and slides as well as a. number of bridges and path ways
• YMCA and other buildings for Peel Plaza Development
• Building next to Scotia Bank, North
• The old Zellers/ Sears, North
• NB Liquor, North
• Corner of Union and Coburg
• Charlotte Street, across from the old Jack Calps
• Aquarius, West
• The buildings along the wharf
• The Sugar Refinery
• Grain Elevators
• Part of the Red Rose Tea Building
• Toll Booth on the Harbour Bridge
• Stone Church late 191h Century Wing
• Sobeys West
• Church on Church Ave, West
• Murray and Gregory Buildings
Many of these places remain vacant lots, or parking lots, significantly decreasing our tax base. It is so
easy to tear down, but not so easy to start new.
Currently Neglected and in Danger of being demolished:
• JellyBean Houses
• St. Jude's Church
• St. George Church
• St. Patrick's School
• Old Courthouse at King's Square
• The old Woolsworth Building at the top of King Street
• Princess Elizabeth School
• Havelock School
• Seawood School
• Museum on Douglas Ave
• Parts of Martello Tower
• Gothic Arches
• Many homes in the North End
• Many more...
Business Closures:
• Vern's Bakery
• Top of the Town
PA1101
• PJ Billington's
• Pascal Emmersons
• Heavenly Gowns
• Cox's Electronics
• Pizza Twice
• Aquarius
• Scotia Bank North
• Various small shops uptown
Young people do not stay here in Saint John. Do you question why? Most of us are tired of the
demolition, tired of the decay, pollution and waste. Tired of citizens and council not taking enough care
or pride in their own city to clean, maintain and repair. This pushes people, like myself, away. Many
have moved to find work, but others moved for reasons of culture. One relative recently lamented
moving back here from Nova Scotia, saying how they should have stayed "away".
Recent news articles discussing the proposed sale of public parklands are also a good example of the
lack of vision and creativity. These are places that attract people; recreation and culture is key to a
vibrant city, not more suburbs. How much vacant land is already here? We should be trying to attract
people uptown to the core of the city, not further out.
People do not find these historic buildings displeasing to the eye, but structures like the old
Woolsworth's building at the head of king draws the ire of visitors and locals alike, yet the city has not
pushed for its re-purposement or demolition. The city owns many other lots suitable for building the
proposed apartment complex, why have those lots not been given to Saint John Non -Profit Housing for
$1.00? They require less of our city coffers and would draw less distain from locals and visitors alike.
I propose that the city place all of the properties in the Union Street and Wellington Row block on the
open market with the stipulation that they be reused or repurposed, not torn down. There are builders
who are still very keen to rehabilitate these structures. The Reversing Falls Restaurant and Imperial
Theatre were also slated for demolition, but with a little vision and hard work, they became the
landmarks they once were. The funds from the sale would make great public relations if they were then
donated along with a different vacant lot to Saint John Non -Profit Housing. Please do not let more of our
historic properties become a memory. They have survived this long- they deserve our care and respect.
Sincerely
Mrs. Melissa Osborne
Concerned Citizen
fPXL!
y, 7
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -03-17 8:41 AM
To: Tibbits, Kelly
Subject: FW: HISTORIC SAINT JOHN BUILDINGS
Importance: High
From: John Haddon [mailto.johrifflohnhaddondesian.coml
Sent: March -31-17 10:57 PM
To: External - CommonClerk
Subject: FW: HISTORIC SAINT JOHN BUILDINGS
Importance: High
1 understand that I need to forward you my correspondence with the City council to be put on record ... here is the first
letter.
Cheers
From: John Haddon fmailto:iohn@iohnhaddondesien.coml
Sent: March -24-17 2:27 PM
To: 'don darling @saintjohn.ca' <don.darling@saintiohn.ca>
Cc: 'shirley.mcalary@saintjohn.ca'<shirley.mcalary@saintiohn.ca>
Subject: HISTORIC SAINTJOHN BUILDINGS
Importance: High
Good afternoon to you both,
I am writing to you to implore you to rethink and rescind the demolition order on the "Jelly Bean Houses" and also, on
all other historic buildings in SJ. (Synagogue etc.). Saint John's charm and attraction is its history and it is being lost one
building ata time. And lately, To see what it has already lost, is astonishing. Living there perhaps clouds your eyes as
to the treasures that you do have, and steps should be taken at all costs to preserve what is left. Considering that the
"Jelly Bean Houses" predate the fire....that alone should set a precedent to save them.
I LOVE history, and seeing how Calgary has lost almost all their historic buildings, the recognition of this, has come
almost too late. The almighty dollar of the developer taking precedent over historic buildings. SJ needs to re-evaluate
what they have and take steps immediately to save and preserve.
2`75
It has been stated that no one has been interested when they were put up for sale thus why at a 'last' resort, they are
being destroyed. May I ask where these were advertised? If locally, then no wonder. Why not put these buildings to
be saved on a more of a global arena? There are many historic building `for sale' sites that these buildings could be
advertised on. Then, it could be a win win situation, as the buildings could be saved, repurposed, and also....attract
new citizens to SJ. In this marketplace of today, you have fabulous tools at your fingertips if you wish to use
them. And also, in this economy, the US dollar is much more powerful for those south of the border .... many of which
are looking outside of their country for opportunities.
Once these buildings are gone....they are gone forever. Any and ALL of these buildings that are in danger of coming
down, PLEASE list them on historic buildings for sale Sites such as...
http://circaoldhouses.com/
http://www.historicproperties.coml
https://www.oldhousedreams.com
http:Hhistorich omesforsale.ca/
http://www.oldhouses.com/archives?p listingcountry=Canada &searchname=Located+in+Canada
love SJ, and was considering buying an historic property there to restore, to retire to. Lately, with all this demolition
going on, and seeming lack of caring for it, I am rethinking my future paths in this regard.
PLEASE rescind the demolition permits on ALL of your historic buildings and give them a chance to live again!
Many thanks,
John A Haddon
334 24th Ave SW
Calgary, Alberta,
T2S OK2
403-245-2443
john2lohnhaddondesign.com
www.lohnhaddondesign.com
276
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -03-17 8:41 AM
To: Tibbits, Kelly
Subject: FW: HISTORIC SAINT JOHN BUILDINGS
Attachments: jelly bean renovations (1).JPG; jelly bean renovations (2).JPG; jelly bean renovations
(3).JPG; jelly bean renovations (4).JPG; jelly bean renovations (5).JPG; jelly bean
renovations (6).JPG; jelly bean renovations (7).JPG;jelly bean renovations (8).JPG; jelly
bean renovations (9).JPG;jelly bean renovations (10).JPG
From: John Haddon [mailto:hmedesigner@shaw.ca]
Sent: March -31-17 10:57 PM
To: External - CommonClerk
Subject: FW: HISTORIC SAINT JOHN BUILDINGS
Z
Here is the second letter for your records.
Cheers
John Haddon
1 t '
r +
Subject: O' +BUILDINGS
regardsIn • the Jelly Bean Houses, yes, I am aware that the name is nothistorical and was given by locals. Also that
buildingsthese are notprescribed:. Zone, by the way, absolutely ast/ i Should
the buildings that existed prior to the great fire deserve the MOST protection? These buildings are a treasure to Sain
John's history,4 needo be saved, regardless of the costs.i it mostby the way that the Loyalist
House is not ii goodness it is on 4National
Heritage •i.I`1 values these buildings moreof i does.How did this area escape a designation
'historicaldistrict'place?
regardsThere are several things in Bean HousesiM most puzzling. Why did city council has made
judgement► raze these buildings withoutpublic Rut? I know that city councilvoted people to run the
city, but something as big and long lasting as this will be, should have had input and studies done? I also understand by
X77
your letter, that there was interest expressed lin the properties in question by possible developers. However you say
that they were unsuitable. Please elaborate on why you came to this decision? As of yesterday, I heard the great news
that the synagogue will be saved and repurposed. I am glad that the city didn't proceed with the demolition of it, wKich
proves that there are people out there to save these buildings. I would also love to know where these buildings were
advertised for sale? As mentioned in my first letter, there are many venues out there to get the word out to investors
developers/ homeowners that have a keen interest in history and preserving it. It would be most favorable if a
developer is not found to save these buildings, that you would use this avenue to market them and all other historic
buildings in Saint John. By doing this, you can save these buildings, attract developers and new residents to the city.
You mentioned the 'harsh' climate of southern NB leading to the hasty decline of these buildings. it is sad that in the
whole time that the city owned these buildings (9 years?), that measures were not taken to protect them. Yes, the
buildings are now in desperate need of attention, but what old building doesn't? You indicate that they are beyond
help. No doubt there are engineers reports that have stated this? If so, please do share it. You do not know me from a
hole in the ground, but my whole existence is related to houses, old and new. And I can tell you from experience, that
these houses are well worth saving and CAN be saved. Yes ... lots of work and money, but if a developer is willing to
make that sacrifice, then awesomeffl The city will have more historic buildings saved. They will require all new
plumbing, wiring, insulation, windows etc., but the bones are there, and they have survived already for over 150
years. They deserve to live on.
I have two houses in Calgary that were in the flood of 2013, which heavily damaged them (cosmetically and
structurally). One was recommended for demolition, but with my experience of restorations, and for the love of histo
houses, the houses here have been meticulously been restored and renovated back to their original state. When one
owns an old historic building, it is the duty of that homeowner to be the custodian of these treasures and preserve the!
for future generations. I have also been part of restorations of a house in St Andrews that has been left vacant for
years, and have brought that house back to life as well. Anything is possible, you just have to have the right attitude
and know-how. Anyone in the business, these buildings would be an awesome and welcome project. I
PLEASE, I strongly urge the council to revisit this and rescind the demolition permit immediately. Why tear them
down? Also, why do they have to build there at that location, when I understand that there are other locations that
the city owns where they do not have to purchase other neighbouring properties in order to build? Then as well,
historical structures are not a concern. I do not feel that this has been handled properly at all, considering the public
outcry I am hearing. Also ... I have heard today that there is a developer out there willing to take this on, and I am sure
that they have been in touch with you.
IVA 0L.A.A =go LdEVA110.1 INIM ro In I III Ly"M
I have attached several examples of restored and saved old houses. So that you can see that reno's and restoratio
can easily be attained. I
IMMMMMW
From: McAlary, Shirley [mailto:Shirley.McAlary@saintlohn.ca]
Sent: March -25-17 9:06 AM
To: John Haddon <Lohn iohnhaddondessi n.com>
Cc: Darling, Don <Don.Darling�a_saintLohn.ca>; Trail, Jeff <Jeff.Traik saintiohn.ca>
Subject: Re: HISTORIC SAINTJOHN BUILDINGS
Hello John:
Many thanks to you for taking the time from your busy life to write this e-mail. I am sure that you probably know the
history of the Jelly Bean Buildings which were named because of their colors not their history. Although they did survive
the Great Fire in 1877 they are not actual heritage buildings.
In 2008 the City of Saint John had a "dream" they thought if they purchased all the buildings or as many as they could in
the Wellington Row block next to the newly built Peel Plaza that an investor from somewhere would come and
demolish all these buildings and build a new complex perhaps a major hotel or whatever. Unfortunately for all of us
that did not happen as the economic went in a downturn and no investor and further more no investor since 2008 on
and we have waited.
Of course because we actually have not so nice winters with the change of temperature as a result of being close to the
Bay of Fundy, buildings that are vacant and not heated over time deteriorate.
So nine years vacant and uncared for with no one being interested well, the buildings became unrepairable. Yes over
that nine years the City did advertise and try on various occasions to encourage someone to take them over and do
something with them. The only offers that were ever received were from individuals that were attracted to obtain the
buildings for $1.00 but with no means financial or otherwise to do anything with them. Unfortunately for us we already
have a number of old buildings in our city that their owners can not afford to keep them up and looking good so with
good experience and know how the city did not accept any of these offers and rightfully so.
Now in fairness Saint John Non Profit Housing Inc who do excellent work to provide numerous individuals and families
affordable housing had to be convinced to undertake a new mixed housing project on this location. The city didn't
want to spend any monies on these buildings and SJNPH have agreed to undertake this project for our city. It will have
cost them over a half of a million dollars to acquire the connected properties and make arrangements to clear the site
for development. They also have agreed to remove any heritage artifacts in the hope to in corporate them in the new
development if possible. Not one other soul or investor with the ability to do this project has ever agreed over the
years to take on this development. So I say a big thank you to SJNPH.
Saint John has always been open for business. We are a city on the east coast with many potentials, welcoming people
and great character so if someone from wherever wants to invest, do some business, they are very welcome. Lots of
opportunities.
To complain or cry about changes to be made about a number of dilapidated buildings, a project that for nine years no
one was interested to do anything about and now that we have someone (in this case SJNPH) has agreed to help our
city grow and prosper in my view is not very helpful.
I hope you do not mind me saying this as it is the absolute truth. Shirley McAlary
Shirley McAlary
Deputy Mayor/ Mairesse suppleante
Clty of Saint John, N.B. / N. -B.
(506) 977-3852 or (506) 648-0487
On Mar 24, 2017, at 5:27 PM, Johin Haddon <lohn(a_ lohnhaddondesi n_com> wrote:
Good afternoon to you both,
I am writing to you to implore you to rethink and rescind the demolition order on the "Jelly Bean
Houses" and also, on all other historic buildings in Si. (Synagogue etc.). Saint John's charm and
attraction is its history and it is being lost one building at a time. And lately, To see what it has already
lost, is astonishing. Living there perhaps clouds your eyes as to the treasures that you do have, and
steps should be taken at all costs to preserve what is left. Considering that the "Jelly Bean Houses"
predate the fire....that alone should set a precedent to save them.
I LOVE history, and seeing how Calgary has lost almost all their historic buildings, the recognition of this,
has come almost too late. The almighty dollar of the developer taking precedent over historic
buildings. SJ needs to re-evaluate what they have and take steps immediately to save and preserve.
It has been stated that no one has been interested when they were put up for sale thus why at a `last'
resort, they are being destroyed. May I ask where these were advertised? If locally, then no
wonder. Why not put these buildings to be saved on a more of a global arena? There are many historic
building `for sale' sites that these buildings could be advertised on. Then, it could be a win win
situation, as the buildings could be saved, repurposed, and also....attract new citizens to SJ. In this
market place of today, you have fabulous tools at your fingertips if you wish to use them. And also, liirn
this economy, the US dollar is much more powerful for those south of the border....many of which are
looking outside of their country for opportunities.
Once these buildings are gone....they are gone forever. Any and ALL of these buildings that are in
danger of coming down, PLEASE list them on historic buildings for sale Sites such as...
http://circaoldhouses.com/
http://www.historicproperties.com/
https://www.oldhousedreams.com/
http://historichomesforsale.ca/
http://www.oldhouses.com/archives?a listingcountry=Canada &searchname= Located+in+Canada
I love SJ, and was considering buying an historic property there to restore, to retire to. Lately, with all
this demolition going on, and seeming lack of caring for it, I am rethinking my future paths in this
regard.
PLEASE rescind the demolition permits on ALL of your historic buildings and give them a chance to live
again!
Many thanks,
John A Haddon
334 24" Ave SW
Calgary, Alberta,
T2S OK2
403-245-2443
lohn@iohnhaddondesign.com
:e
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P4%I97
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -03-17 8:41 AM
To: Tibbits, Kelly
Subject: FW: Jelly Bean Properties
-----Original Message -----
From: john neville
Sent: March -31-17 6:13 PM
To: External - CommonClerk
Subject: Re: Jelly Bean Properties
> On Mar 28, 2017, at 4:55 PM, john neville <iohndneville@gmail.com> wrote:
> Dear Mr Mayor,
> When I purchased a home on Orange St in Saint John nearly four years ago, the appreciation of historic architecture
by the city was one of the primary factors influencing my decision to relocate here. Having Loyalist ancestors I do have
an understanding of the history associated with this area of the world.
> 1 was shocked to learn this weekend that the Jelly Bean houses are in
> danger of being torn down. These properties are too significant historically to be torn down. They are unique
properties which represent some of the only pre -fire architecture in the city.
> It is my understanding they could be preserved and there are private interests who are willing to take on this project.
Does it not make economic sense to let them stand and contribute once again to the tax base?
> I urge you to reconsider.
> Sincerely
>John Neville
> 67 Orange St
X91
Wi nomT
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -03-17 8.40 AM
To: Tibbits, Kelly
Subject: FW: RESTORING JELLYBEAN HOUSES ... Give Andreas Holmes the chance to preserve our
built heritage in Saint John
-----Original Message -----
From: Lori Seymour
Sent: April -03-17 1:06 AM
To: External - CommonClerk
Subject: RESTORING JELLYBEAN HOUSES ... Give Andreas Holmes the chance to preserve our built heritage in Saint John
Dear Honourable Mayor Darling, Deputy Mayor McAlary and Saint John City Councillors:
I implore you to reconsider the fate of our built heritage in regards to the Jellybean Houses on Wellington Row along
with the adjoined houses on Union Street which have been situated on the corner of Union Street and Wellington Row
since the early 1860's predating The Great Fire of 1877.
Over 20 years ago, (after graduating from university) I chose to live in Uptown Saint John for a number of years and took
my first official tour of the city (as a local) with a Loyalist costumed guide setting out from Barbour's General Store to
cover the rich depth of history and architecture the City boasted and I was not only intrigued but hooked.
At that time, I also was riveted by the cruise ships that sailed into Saint John ...so much so that I decided I wanted to
work onboard. I became employed with Holland America Cruise Line for almost 10 years escorting passengers on tours
literally around the world. After completing over 6 World Cruises and Grand Voyages, I decided it was time to return to
my home port city ... my beloved Saint John, New Brunswick where I have been working as a local tour guide in addition
to selling tours to cruise ship guests from many parts of the world for the past 7 seasons.
After returning, I could not wait to "showcase the city" by selling tours of our historically fascinating city with some of
the very best architectural gems in North America and share how we were one of the world's leading shipbuilders.
Being tour guide "Loyalist Lori", has been most rewarding as I love being an ambassador for the City until I started
seeing so many parts of our tour being turned into parking lots.
It was seriously concerning to the point where one begs the question of what will remain to show our guests in the City,
IF we continue to demolish our INCREDIBLE built heritage? Not only are many, many tour guides asking this question
but also our local citizens continually remark on how beautiful heritage buildings are being needlessly torn down.
*Tearing down heritage buildings is simply never advantageous to our city.
With over 15 year of experience in the tourism industry, I can confidently say exactly what our tourists are looking to
visit in Canada's Oldest Incorporated City ... built heritage. The City's tourism Industry as a whole sets up this expectation
in it's literature. We CANNOT disappoint our tourists as they are our guests who need to be treated like gold to a great
offering of preserved built heritage and this is also to ensure our future prosperity. We have to get this RIGHT as it is
IMPERATIVE to drive our economy out of it's slump. We really must lean on the prosperity of our past in order to ensure
our successful future in tourism as it is such a huge sector in our economy.
We CAN BE the best little city in the East if we PRESERVE our built heritage.
X92
Tourists by land or sea are choosing to visit Saint John to see our built heritage and quite simply the more we preserve
and have to offer the more we ensure their return trips to the city for lengthier stays which results in further tourist
dollars being spent in our city which is good for everyone!
In closing, we have a solution and his name is Mr. Andreas Holmes who is willing to restore all 5 buildings.
I thank you for reconsidering as it is the only responsible action one can take for the betterment of Saint John (the
Loyalist Heritage City) .
Sincerely,
Lori A. Seymour BA, B.Ed
Sales and Tour Guide in Saint John
Sent from my Whone
293
From: Taylor, Jonathan on behalf of External m CommonClerk
Sent: April -04-17 1:59 PM
To: Tibbits, Kelly
Subject: FW: Wellington Row
From; Jonathan Northup [ma ilto:ionathan.northup@norcum.com]
Sent: April -03-17 5.34 PM
To: External - CommonClerk
Subject: Wellington Row
To Mayor and Council,
I am writing as a deeply concerned and profoundly baffled taxpayer. I am a contractorfrenovator, and have rehabilitated
buildings in much worse condition than the ones known as Saint John's Jellybean houses, according to city inspectors.
You're wish to destroy three of our heritage icons on Wellington Row makes no sense to me. With so many vacant lots in
the city, why are you allowing Saint John Non Profit Housing to go through the process and cost of demolishing three
historic houses rather than allowing a developer to save and rehabilitate the buildings? What is it that make the
destruction of these homes so appealing to you?
While working on the exteriors of homes in the uptown I get to talk to many tourists. Do you know it's old houses like
these that draw people to Saint John?
I urge you to stop heading in the wrong direction. Find an already vacant lot for SJNPH to develop and PLEASE let Saint
John's Jellybean Houses remain standing.
Kindest Regards,
Jonathan Northup
�94
Tibbits, Kelly
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -04-17 2:02 PM
To: Tibbits, Kelly
Subject: FW: Jelly Bean Houses Idea and Proposal
Attachments: Final JellyBeans PDF- Andreas Holmes.pdf
From: Andrea H[mailto:builder4O(&yahoo.com.au]
Sent: April -03-17 2:26 PM
To: Darling, Don; McAiary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John; Lowe, Gerry;
Reardon, Donna; Merrithew, David; Strawbridge, Ray; Sullivan, Gary; Janelle Russell; mrbrussell(c aol.com; External -
CommonClerk; mike.cameron3; laura.brown; petz.sarah; andrew.cromwell
Subject: Jelly Bean Houses Idea and Proposal
Hi Everyone,
Please read the attached Doc highlighting my thoughts and expressing my interest in taking on the jellybeans and
properties on Union St. A better option is available.
Thankyou everyone for taking the time.
Regards Andreas Holmes 506 378 3892
�95
Dears Elected Representatives of Saint John, Mayor Darling and Councilors,
I am writing to you to encourage you strongly to reconsider and find a better solution to the Jellybean
houses and the SJNPH housing project and its current location.
My proposal below makes for 2 projects that can be completed and the City of Saint John will increase
its revenue base in the short term and far more attractions for future projects and investors in the longer
term.
This SJNP housing project should be moved to a more appropriate location, where the cost of
demolition is not required therefore giving there more money to spend on the housing rather, so it
benefits Saint John. Moving the SJNPH project to a more appropriate site and supporting the
redevelopment of the Jellybean houses is the best option for Saint John.
Current Costs as it is seen by the community:
Cost of demolition for the Jellybeans approx. $145,000
Purchase of the 3rd Jellybean house (7-9 Wellington Row) approx. $220,000
Total costs that can be saved: $355,000.00
There are large tracts of vacant land in Saint John, it is better for Saint John to rejuvenate and occupy
these areas thereby using vacant land that is sitting and non income producing and would be a quicker
and more ideal location for these housing projects.
SJNPH can still have a win, they can find an appropriate site in Saint John and redevelop that, and with
a larger parcel of land, they might be able to even get more units and therefor supply more housing,
which should be their main goal, rather than just obtaining a site in the middle of the city that can be
saved and made great again.
I know that the North End of Saint John desperately needs revitalization and a project by SJNPH would
help boost the area dramatically and therefore entice more investors to the area, and therefor increasing
the better housing options for all Saint John residents. A further Win,Win,Win for the city, locals and
investors and a dramatic increase in the revenue base for Saint John.
The North End has many usable facilities, including a wonderful shopping center close by that would
benefit the residents of the SJNPH project as well as the local businesses which have been a decline :in
their area in the recent times.
Developers, property investors and home owners would see a development like this in the north end as
a sign the city and SJNPH believes in the North End and it would mostly help encourage further
investment and the continued improvement of that part of the city. I have been contacted and
continuously speaking to many out of province investors and have even toured them around the areas
of Saint John, and have first hand experience with their responses and attitudes to the areas.
Uptown Saint John needs more quality residential. To grow the uptown core, there need to be options
for families and professionals to live in the uptown area, these people will bring their incomes to the
NO -1-1
area and spend their money in the local businesses and restaurants.
As an observer I have not seen enough understanding that this is needed to build Saint John. For an
area to flourish it needs people to spend money in the local businesses, this should not be just tourists
but also locals, Saint John core should be a beautiful place to live and this means there needs to be
great businesses, lovely housing choices, proud home owners, people with disposable incomes and
good employment opportunities, these all go hand in hand.
The Jellybean Houses.
I would like to highlight some points about the Jellybeans houses.
There has been some negative press about these properties and that they are best demolished. I strongly
disagree with this and think as elected representatives of Saint John you have a duty to do the best for
the present and future citizens of Saint John. Saint John needs to preserve these buildings for a number
of reasons:
1. These buildings survived the great fire, this makes them unique and it would be a mistake to great rid
of buildings that have done this as this gives them a uniqueness in Saint John and the Maritimes that
should be treasured
2. These buildings are old, and I do not mean 100 years old, I mean around 160 years old. A special
effort should be made to preserve and keep heritage buildings of this age, Saint John should not lose
something as significant as this... Heritage is Saint John's Brand.
3. The jellybeans have attractive facades that are architecturally valuable as they represent a time long
ago. Something so unique in Australia would be a Federal Treasure. But just in that, there isn't many of
these buildings around any more even in Saint John. as well they are beautiful to look at including their
marble fireplaces.
4. Intricate woodwork like this can be made to be beautiful again with some elbow grease and the
knowledge that I have and am willing to teach to the locals. These buildings are a very unique tourist
attraction and a sought after place to live in Saint John due to their beauty, age and historical
significance, it would be a bad idea to demolish them.
Tourists walk around Saint John and admire the local buildings, tourists should be able to also admire
these buildings from Saint John's long ago past.
5. In and of itself holes in floors, mold and plaster falling off walls does not make these properties
expensive or too hard to rehab. But I must mention when looking in windows and mail slots of these
building I see little to no evidence of any of the damage mentioned above. Even if there is some of this
damage from what I have seen these buildings are in decent shape compared to other buildings I have
rehabbed and other professional developers have bought back to life. Representatives of the city of
Saint John, I have 25 plus years of experience in the building industry and my wife Nicole and I are
experts in rehabilitating buildings like these. Well actually ours are mostly in worse condition than
these. People should not make comments on the difficulty and expense of rehabbing old buildings
when they have no experience doing so.
PON
I think all educated people agree that taking guesses or making up facts is not the way to go, facts are
needed.
Every Restoration requires work and expense. They go hand in hand but experts acknowledge this and
also budget to do this. We as experts know this, so it is no big issue for us to do these projects as it is
what we love to do.
To get an expert opinion on what is involved in the rehabilitation of these buildings is the way to go. It
would be appropriate for me to gain access to the buildings to do a full accounting of the repairs needed
and I am more than willing to discuss the repairs and possibilities needed with you. Currently I believe
I can restore these buildings to be beautiful properties that will benefit Saint John. I am surprised to
hear in the media there are reports that say these cannot be restored, as well as inspecting the properties
I believe these reports saying they cannot be restored should be made available for myself and the
public to read.
Is it possible to get a confirmation if these reports do exist and that they say the buildings cannot be
restored, maybe someone just misspoke? Or can we get our own reports to do this?
5. As a relatively new arrival to Saint John, I see value in things like the Jellybeans as they stood out to
me and my family when we decided to move here, we had the option of living literately anywhere in
the world. We have done property development in many different areas of the world where we have
seen mistakes made by cities and we have seen successes and we recognize when we see something
that should be treasured. The Jellybeans can be made great again and can be a proud part of the of the
Saint john landscape.
6. As part of this redevelopment, 2 properties on Union St that are part of the package. These too can
rehabilitated to be made commercial or mix of commercial and residential. With a commercial use,
there would be further revenue benefits for the City of Saint John. I would also like to express my
interest in these.
Pictures of Before and After of the Jelly
Beans
trim only scrapped and painted
fP41.11
Andreas Holmes
I am a successful businessman with over 25+ years of experience in the building industry. Most
recently I have rehabbed old buildings in Columbus, Ohio and Saint John, NB. We do quality
renovations and make properties look great, we spend extra on better quality finishes (we do this very
smartly, we know how to get the best bang for buck ) and make places look great. I notice that when we
work on a property the neighbors also start working on theirs and this improves the whole street. Point
in turn is 205 Carmarthen St. I have turned an old abandoned house, which had a local infamous
murder in it, and turned it into one of the best looking Single family homes in the area. I now have
professionals living in that property taking care of it with prestige cars in the drive way. We have
directly improved the area with our own investments.
I have worked on large commercial buildings, residential developments including a 127 unit prestige
waterfront development in Sydney Australia and working directly for one of Australia's wealthiest
families on their prestige riverfront home with a 10 car under -house garage, as well as small home
rehabs and I enjoy preserving old significant buildings most.
I have worked in multiple countries around the world preserving old buildings that most people, nearly
always, would consider knocking down and after I have completed these properties some become the
most sought after properties in the area. My last residential restoration project in Columbus OH had
multiple offers in the first 24 hours on market and sold over asking price in a market where properties
were sitting commonly for over 45 days. I am extremely well qualified to take on and to complete these
works.
I personally knocked back an opportunity offered to me from the City Of Ohio in the past 6 months.
They offered me the opportunity to restore a large brick 4 story house in Columbus Ohio, right next to
their 1Billion dollar Children's Hospital. I did this as I am now committed and are invested in restoring
Saint John New Brunswick.
Quick Overview of Experience
Licensed Plumber — Carpenter Leading hand — Builder Foreman - Residential Property Restorer -
Owner of Australia's First Only Property Management company — Owner of Australia's first Builder
Broker Company — Ass President of the Builder Brokers Association of Australia
Past Projects
Land subdivision
Relocation of buildings in residential subdivisions in WA Australia
105 unit construction
mansion construction
P"001
standard residential construction
Single family home restoration
Involved in Conversion of Residential tower to office block in North Sydney Australia
Conversion of single family to office use.
Retail and office fit -outs
Plumber and Site Supervisor on multi-level 120+ prestige waterfront residential project
Site Supervisor for a number of commercial projects including Old EL Taco manufacturing plant.
Home Builders Australia Managing Director
Past Projects Pictures Houses that banks walked away from and / or on Demolition Lists
After Pictures.
House in Columbus Ohio< was walked away from by the banks. Needed new flooring, new roof,
fencing, complete rehabilitation internals and we incorporated an old style post from the local church
that was torn down after a fire. Had a 70yrd old Soapstone sink in kitchen. House had multiple offers
on it within 24hours on market and smashed the local areas price PSR House is directly next to the
1Billion dollar Children's Hospital.
EcON
205 Carmarthen St, Saint John ( Aka Murder House ) Now with professionals in place as tenants.
Before and After
Nicole Holmes
Mrs Holmes has a history in Retail Leasing in Australia and represented clients such as Hard Rock
Cafe International, Oakley and some of Australia's wealthiest families with their Shopping center
leasing and sales. Mrs Holmes has also been mentioned in numerous media publications such as the
prestigious Financial Times and was frequently featured in Gold Coast Business magazine numerous
times and is credited for creating Australia's national Builder Brokering industry.
Mrs Holmes was offered a position on the board of the Queensland Heritage Council before they left to
become Canadian residents and she will be involved with the project.
Overview of Experience
Licensed Real Estate Agent in two States with 6 employees and multiple licensed agents - Commercial
Leasing agent leasing over 200million in retail and commercial space - Owner of successful property
management company called Only Property Management — leasing residential and commercial
properties - Principal Agent for leasing shopping centers and New Commercial developments on the
Gold Coast Australia - Expert in contacting local, national and international companies and asking
them to set up a location. - House Flipper - Property Officer for Ryde City Council and management of
[till
their 200+ buildings including all commercial and residential properties owned, public facilities and
parks ( Ryde City Council is larger than Sydney City Council ) - Leasing of Flemington markets -
history of leasing and helping set up markets - Home Builders Australia
Experience in building in general, specialized skill and knowledge and experience in plumbing and
carpentry, restoring old buildings, material change of use developments of buildings to suit commercial
use, real estate investing and development, marketing, website design, digital marketing encompassing
all areas, also retail, industrial and commercial leasing, Shopping center sales (20M+), Residential
rentals, commercial and residential development and subdivision. We have more experience than other
developers who mostly have less broad experience, we have experience from concept to development,
national business creation, development and end sale, to searching, qualifying and leasing to tenants to
marketing for all types of property across multiple countries. This has allowed us to be successful in
restoring old buildings where others cannot see the path forward.
Finances
We are debt free and have the financial resources to undertake this project.
In Conclusion:
A special effort should be made by every member of the city to help both SJNPH have a win and for
the Jellybeans to be restored for the benefit of Saint John. I believe if we all work together 2
developments can be possible, one saving the Jelly Beans and adding to the uniqueness and heritage of
Saint John and the other SJNP project to be built in a more appropriate location benefiting the local
community, this will also increase the City revenue base and encourage further development in Saint
John.
I also am happy to endorse the opinions of Donna Reardon whom voted not to demolish. Thank you
Donna for your values that are more inline with the residents of Saint John.
I am available for further discussion on 506 378 3892.
Regards,
Andreas Holmes
1919%
Email and CC to
don. darling@saintj ohn. ca
shirley.mcalary0saintiohn.ca
blake_armstrong�}a sainUohn.ca
greg.norton0s aintj ohn.ca
sear.casey0saint]ohn.ca
john.mackenzie@saint ohn.ca
geML Iowe@saintj ohn. ca
donna. reardon saint'ohn.ca
david.merrithew0saintj ohn. ca
ray.strowbridgena saint ohn.ca
g_a .sulliyan0saintjohn.ca
commonclerk0sainjohn.ca
And Media Relations.
1919191
Tibbits. Kelly
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -06-17 11:06 AM
To: Tibbits, Kelly
Subject: FW: Letter to Common Council April 4th 2017
From: Chris Osborne[mailto:scharnhorst1943@yahoo.ca]
Sent: April -04-17 9:30 PM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John; Lowe, Gerry;
Reardon, Donna; Merrithew, David; Strowbridge, Ray; Sullivan, Gary; External - CommonClerk
Subject: Letter to Common Council April 4th 2017
April 4th, 2017
Second Chances for Salvation
Your Worship and Members of Council,
I am writing to express my deepening concerns over the handling of the safe of properties situated
on Wellington Row and Union Street for the proposed development of a mixed -income apartment
complex by Saint John Non -Profit Housing. I have asked and will once again ask for council and
mayor to take a better look at the loss of at least 5 significant heritage buildings on this corner.
I have been astounded by the overwhelming support to keep the buildings intact among the public
at large. Many of the signatories I find are like myself; in their 20's and 30's, precisely the people we
need to make this city live and breathe into the future. They are creative, expressive and visionary,
while young enough to make a long-lasting difference in the community. I recently spoke with an
attorney who has plans to move, not to suburbia, but to a city south of the boarder where old historic
districts and buildings remain intact and the culture is vibrant and upbeat. I was told of how in that
place there is less talk of tear it down, and more of how can we get this done? That irrepressible
attitude is tremendous, and those are the ones we need to retain. The 20 and 30 something's are
not impressed with the decisions being made locally, and the legacy of ruin which will be left for us. If
for example a structure of such significance as the old customs house that was demolished in the
1950's was still standing today, would it still be demolished? I believe it would, because the mindset
of leaderships remains unchanged, election after election.
The Saint John Non -Profit Housing proposal lacks funding, no public sketch has even
presented. The simple fact is that demolition by May 1St of these five structures will leave yet another
vacant lot for parking, and an eyesore for visitors all summer long, if not indefinitely. Presently the
homes on site may require extensive work, but are far from being not salvageable. The cost to
restore and make livable is not nearly that of building new. The public is paying for this project,
whether it comes from municipal, provincial or federal government funding. We all lose if this goes
forward.
Sale of the `jelly beans' and the two buildings on Union could be turned into a great public relation
coup for council and mayor, by donating the funds directly to Saint John Non -Profit Housing for
construction elsewhere in the city. Indeed, those of us rallying to support the salvation of the `jelly
1
304
beans' would be more than willing to assist in a public fundraising campaign to assist in purchasing
another lot, and or construction costs. We fully believe in the housing initiative, but not the location.
The city does own other lands, many of which are utilized as parking lots presently. The city
center on many streets has the appearance of a bombed -out post-war city. There are vacant lots
and other buildings currently listed for sale, or even some up for provincial property tax sale. The
province also owns lands as well which could be utilized for the proposed structure. These must also
be considered. Since many of the spaces are in the uptown parking lots are utilized by Irving
employees, we will see a decrease in the need for parking in the uptown with the construction of
Irving's new parking garage. Additionally, we should NOT be encouraging any more parking in the
uptown. Instead we should be encouraging more forms of public transit and commuting. Consider
large cities, most people take some form of public transportation. The environmental impacts of
encouraging this shift in behavior and also that of bicycles is tremendous, and such forward thinking
should be the modus operandi of our city management and staff. Saint John Transit's `Taking the
Bus' slogan should be loudly playing at this point of my letter.
The lack of response and concern shown by all but one member of council I find to be inadequate
of elected representatives. In conjunction with this the fact that members of council have been and
are involved with Saint John Non -Profit directly is reminiscent of past councils which were less than
popular once elected. The appearance of this conflict of interest is one which our city can ill afford. I
implore you to review the process and show more transparency, which we the public have found to
be lacking of late, especially with the announcement of a 'road map' for our future, a future the public
was not well consulted on. Are we looked down upon that much?
The flagrant disregard for publicly owned heritage structures is disgraceful. Our city leadership
is becoming known far and wide for all the wrong reasons, but it is your own doing for not
reconsidering the issues at hand. There are many other topics this could expand into, but I will not
digress. This appearance does however effect the city's bottom line, we will not attract newcomers or
convince those considering leaving to stay if we continue to show ourselves as stubborn, short-
sighted, lacking of vision and creativity. Council after council stumbles forward with blinders on, a
tired and antiquated cart and horse.
Not everyone enjoys modern homes and living, visitors and newcomers alike always remark at our
heritage buildings and architecture. It is the single best and most commended feature aside from
geographical location that we have going for our 'Greatest Little City in the East'. I was pleased to
meet a number of visitors these past weeks at the intersection of Union and Wellington, all abhorred
by the demise of structures so significant and beautiful. Is tourism not even on the radar
anymore? Short-sighted decisions repeated by council after council have brought us to this
point. While I know many of you were not sitting at the table for previous offers made on these
properties, know that more than the vocal few want these buildings kept and it is very much within
your power to save these from the wrecking ball now. There was a recent CBC news article on
'present -ism'; I suggest that each of you review its message.
I recently spoke with a friend who owns a motel about his offer for the purchase of another motel
which was seized for taxes. His offer to purchase and return to use this run-down motel was refused
by the government bureaucracy. When buildings such as these `Jelly Beans' or other buildings fall to
the responsibility of any level of government, there needs to be a better process in place to see that
someone makes good use of them as quickly as possible. A tax free, or incrementally scaled tax
rebate for the first five years for example. Encouraging someone to utilize and re -purpose existing
structures is not only environmentally responsible, but fiscally responsible. The costs associated with
securing, maintaining, inspecting, handling and possibly demolishing such vacant structures is
Xk5
waste. When a property is identified as surplus, it should immediately be well advertised for
sale. The previous efforts to sell the 'Jelly Beans' was insufficient, and not all parties were able to
offer. The notion that one could refuse an offer from someone based on `financial concerns' is
patronizing and insulting, and goes beyond the scope of city council. Previous proposals should
have been accepted, and I will not rest until the issue is reopened.
Again, it is within your power to see these buildings restored to the bright tourist attractions they
once were, restoring many thousands of dollars of taxes to our annual tax base as well. In addition,
the proposed non-profit housing project, if it does move forward on another site would doubly benefit
the tax base. Is this not such a clear decision to make? Look upon projects such as the home
recently completed on Douglas Ave, or the multi -unit home on the corner of Douglas and Clarendon
a few years ago. We have enough splinters in our landfill, let this not be another loss such as we felt
with the Paramount Theater demolition!
"Those who cannot remember the past are condemned to repeat it." - George Santayana
Yours,
Christopher Osborne
Resident
480 Dwyer Rd
Saint John, NB
106
Tibbits, Kelly
From: Taylor, Jonathan on behalf of External -- CommonCierk
Sent: April -07-17 3:19 PM
To: Tibbits, Kelly
Subject: FW: Jellybean houses
From: Monique Gionet [mai Ito: mngionet@outlook.coml
Sent: April -07-17 3:06 PM
To: External - CommonClerk
Subject: Jellybean houses
Attn: City Council Common Clerk
I'm sending you this message so it's made a public record and goes on council agenda with the other letters of
support for the Jelly Bean Houses. I don't want to say, years from now, that I sat idly by and said nothing.
I'm 41 years old and a long-time Saint Johner who has a special place in my heart for this city but I've also
lived elsewhere and even overseas. Every city has their major problems but with each passing year I've
become more and more disillusioned with how far this city keeps falling behind and I've become so confused
on a lot of the backward decisions made by past city councils.
So far, I've been very impressed with our current council and their interest in pushing this city forward but I'm
disappointed in this decision to demolish the Jellybean Houses. I just don't understand this decision at all and,
I'll be honest, to me a lot of it seems quite "behind closed doors" and "hush hush". It seems all very suspicious
that the city is pushing up the demolition day (wasn't it supposed to be in May). This is not a great area for
low-income housing. No schools, no parks, no children's areas, etc. Also, these houses are a part of our
history and, frankly, some of the only coloured houses left in the uptown area (red brick everywhere because
of the great fire). They're a great tourism draw and we also have a developer who is genuinely interested in
taking this project on.
Tearing these down will, for a lot of Saint Johners, be a dark spot on this city. I really don't understand this
when there are SO MANY other vacant lots that are in better areas for housing. My heart breaks over this and
won't soon forget this council's decision and their behaviour.
Shame on Saint John.
Monique Gionet
307
Tibbits, Kelly
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -07-17 3:20 PM
To: Tibbits, Kelly
Subject: FW: Please do not demolish 'jellybean" buildings and block
Attachments: Mainwaring letter against demolition.docx
From: Megan Mainwaring [mailto:meganmjm0)gmail.com]
Sent: April -07-17 1:23 PM
To: Darling, Don; McAlary, Shirley; Armstrong, Blake; Norton, Greg; Casey, Sean; MacKenzie, John; Lowe, Gerry;
Reardon, Donna; Merrithew, David; Strowbridge, Ray; Sullivan, Gary; E\dernal - CommonClerk
Subject: Please do not demolish "jellybean" buildings and block
Dear Mayor and Councillors;
I am writing to urge you to stop plans for the demolition of the properties on Wellington Row and Union Street
including the "Jellybean buildings."
Congratulations on your new Roadmap. I appreciate the efforts you put into making Saint John a better place
and attracting growth, including from people like me. However, no one is going to say "look at those great
folks in Saint John, they have destroyed one of the blocks on the National Trust's 10 most endangered heritage
sites list! They're really going somewhere!" Please excuse the sarcasm, but City politicians, please think of the
how this would look if you did go ahead. I urge you, instead, keep the assets you have and look for the blanks
to fill in with exciting new ones. Protecting assets already in place does not have to stop much-needed growth.
It just requires a little creative thinking to reroute and accommodate. This is really a question of respecting
diversity. This is a case where we can have both: moving the much-needed public housing development and
allowing the sale of these properties to develop the existing stock is win-win. I know that many have written to
you already about the value and the salvage -ability of these buildings, and with ideas about how the
accommodation could be accomplished. No one wants to hinder the public housing development.
For my part, most of all, I urge you to think through the repercussions of the iconic imagery that would result
from a picture of a City wrecking ball hitting these nationally -recognized gems. This would certainly be shared
far and wide, lampooning the City and keeping current for years to come as a symbol and an ongoing image,
becoming a thorn in your side. Artists love these places, as do the young people of Saint John. They have great
visuals, and great stories, and what these reflect is a great value to the City. It is a wonderful thing to see the
support rallying behind them and the hope for our future that comes along with it. Please ride this wave and
help this movement of Saint John pride grow!
There are people out there who want to do the work to develop these buildings. There is a public out there who
demonstrated their willingness to dip their brushes in a paint bucket to make it happen. Please listen to this
outpouring of support, and don't do something irreversible until you've heard them out. Once it's gone, it's
gone. You may well be convinced later of their value after it is too late, and this would go down as one of the
most memorable and visible mistakes of your mandate.
Please do not allow this demolition to happen.
99:
Respectfully,
Megan Mainwaring
X09
Tibbits, Kelly
From: Taylor, Jonathan on behalf of External - CommonClerk
Sent: April -10-17 8:53 AM
To: Tibbits, Kelly
Subject: FIN: Our Identity
For April 18th Council agenda.
. .. , n. �.
From: Joshua Thomson <! thomson 86@hotmail.com>
Sent: April 9, 2017 13:06
To: don.darline@saintiohn.ca: shirlev.mcalary@saintiohn.ca; blake.armstrone@saintiohn.ca;rg ee.norto riffiDsaintjohn.ca:
sean.casey@saintiohn.ca; john.mackenzie@saintiohn.ca; gerry.lowe@saintjohn.ca; donna.reardon@saintjohn.ca;
david.merrithew@saintiohn.ca; ray.strowbridge@saintiohn.ca; gary.sullivan@saintiohn.ca
Subject: Our Identity
Dear Mayor and Saint John City Council,
am e -mailing you all as a caring and concerned citizen, for what it's worth. As it appears, it may not be worth
anything at all. What transpired this past weekend has troubled citizens on a number of levels. A part of our
identity as a city has been destroyed and this is something we can never get back. It is Saint John's Heritage
which makes Saint John unique and this is the card that we have to play. Yes, we must move forward but shall
we risk losing our own identity in the process? This is something I strongly urge you all to consider going
forward. I may not have been around for it but when they demolished the Union Station in the 1970's, it was
considered one of the biggest blunders of 20th Century Saint John. The demolition of the Jellybean Buildings
has been all too familiar for many citizens. Yes, they were just a few old buildings but they meant enough to
the people that they have chosen to not sit quietly. In the U.K. there is such a thing as a Heritage Crime and
this likely would've been deemed as such. However, what's done is done. I hope this e-mail finds you well and
I thank you for your time.
Sincerely,
Joshua Thomson
Uptown Saint John Resident
X10
17 April 2017
Mayor Darling and
Members of Common Council
City of Saint John, NB
15 Market Square
Saint John, NB
Your Worship and Council -
APR I 1 2017,
I submit this letter as an indication of my interest in purchasing the remaing Jelly
Bean buildings at the corner of Union Street and Wellington Row in the North of Union
Neighbourhood.
I am prepared to immediately enter into a purchase and sale agreement. I am
amply familiar with these buildings and their deteriorated condition. I have no need to
conduct studies, market analysis or raise finds to complete this project. I have cash on
hand for purchase and development. Time is of the essence to gain maximum
utilization of our short Saint John construction season.
I will commit to rehabilitate these buildings to the highest standards consistent
with the buildings that I have previously developed on Wentworth, Princess and Sydney
Streets, These developments have received awards from Common Council, upon the
recommendation of the Heritage Development Board. I consider these remaining Jelly
Bean buildings to be architecturally and historically significant and warrant sensitive
development.
If Council wishes to ensure that conservation work is consistent with the national
Standards and Guidelines for Conservation, I am willing to have them designated under
the Heritage Conservation Areas By -Law. Further I commit to retain in full, the original
footprint of the buildings — not just the front fagades. My development will utilize
traditional construction materials, and detailing.
In addition to rehabilitation of the existing buildings, I am prepared to undertake a
more significant development behind these buildings. This development would be
consistent with the proposal that I submitted in April 2014 in response to the proposal
call issued by the City of Saint John. A copy of the proposal that I submitted on 22 April
2014 is attached for your information.
My offer is simple: $117-00 for the building at 117 Union Street, and $119.00 for
the building at 119 Union Street.
116 Wentworth Street, Saint John NB,E2L2S4,506-642-3362
311
7
If Council is interested in proceeding with a more substantial high quality
development in this area, I propose to develop a four to six storey tower, behind the
remaining Jelly Bean buildings, as previously proposed in April 2014, Such a
development would provide increased density as desired in the Municipal Plan; be
consistent with the Zoning By -Law and be designed to respect the character of the
heritage buildings in this neighbourhood.
In addition, I propose to provide 20% of the units rent free to artists who would
add significant vibrancy as they work and live in this North of Union neighbourhood.
Selection of artists would be in consultation with the Saint John Arts Board. This is
consistent with yet another earlier proposal that I submitted in 2013, where I proposed
to create an 'Artist -in -Residence' program. This concept conforms with the goals
expressed in the Arts and Culture Policy, to establish an Arts District, with the Saint
John Arts Centre as its nucleus.
i
The 'Artists- I n -Res i:den ce' would be expected to complete works of art, in lieu of
rent, in consultation with the Saint John Arts Board and the Cultural Affairs Officer for
the City of Saint John. These works of art would in turn be donated to the City of Saint
John, to be hung in City properties and public facilities.
With the approach outlined in this proposal everyone wins.,
1. The City accrues significantly more 'value' in, works of art, than by accepting
a higher cash amount for the purchase of the Jelly Bean buildings;
2. Up -front capital development cost for the project is reduced assisting it to
proceed;
3. Architecturally and historically significant heritage buildings are saved from
the wrecking ball;
4. Businesses benefit through, tourism and patrons visiting this 'Arts District'
to buy art and to participate in the vibrancy of the neighbourhood;
5. Our environment benefits by reduced demolition waste going to the landfill
and avoids the need for finding a new landfill location in a few years;
6.,A benchmark, exemplary 'Artist In Residence' with 20% For Art is created -
well above the 1% which the Arts and Culture Polio encourages;
7. Artists - a unique non-profit group - gain by off -setting their housing costs
through creation of their art with a customer up front which gives them
much needed exposure in public places;
8. Politicians benefit by bringing a conclusion to the Peel Plaza controversy in a
win-win manner for our community;
9. Twice as many jobs are created and this money stays, in the local economy
when buildings are conserved instead of being demolished in favour of
new construction;
10. The tax base of Saint John is increased by my proposed multi-million dollar
uptown development;
11. Uniquely Saint John! 'Sense of Place' where people desire to live and work is
supported,
116 Worth Street, Saint John3 NB,E2L2S4,506-642-3363
31
12. Citizens of Saint John benefit by the creation of a vibrant 'Arts District'
surrounding the Saint John Arts Centre providing an impetus for cafes
meeting spaces, galleries and an exciting street vibe;
13. Affordable housing units are created at no cost to the tax payers.
My previous three proposals, in addition to my more recent discussions with your
City Managers, have gone unanswered. I am submitting this expression of interest
following news that the former Synagogue has been sold. I take this as a positive
indication that you, as our civic leaders, are now interested in developments which
retain the best of our heritage while building for a prosperous future. My proposed
development will retain the best of the old and build the best of the new. It will be a
`bridge -building development' that seeks to re -unite all interest groups and which
everyone in Saint John will be proud of.
Respectfully submitted:
Jim H. Bezanison
195191
22 April, 2014
Greg Yoemans
Commissioner of Finance & Administrative Services
9thFloor City Hall
PO Box 1971
15 Market Square
Saint John, NB
Expression of Interest - North of Union Street Properties
I am pleased to submit these expressions of interest to continue to invest in
Saint John by acquiring and rehabilitating the four properties on Union
Street and Wellington Row. I am confident that my previous success in
undertaking similar projects will result in stimulating a Renaissance of the
North of Union Street neighborhood.
Thank you for your consideration.
Sin
Sin rely,
im H. Bezanson
-110 WENTWC)PMtST. SAINTJo�tN ��
Expression of Interest Proposal 1 for: 117&119 Union St and 15 & 19 Wellington Row
Growth in, Saint John, since the end of the Golden Age of Sail, has tended to concentrate in the
area south of King Street which was rebuilt after the 1877 fire. This contiguous area of
historically significant and architecturally excellent Italianate and Second Empire buildings, has
been recognized for more than three decades as the Trinity Royal Heritage Conservation Area.
The bylaw established to protect the character of this area as a result of the heritage
designation is not well understood and is sometimes politically inconvenient. Working
sensitively within the conservation and development standards established forth is area
presents challenges for those with alternate values -as it was meant to do. However, the
benefits that the more than $60 million of investment in this area has provided to Saint John
through tax -base increase, employment, heritage & cultural tourism (cruise ship and rubber tire
traffic), community identity, etc. are impossible to either refute or ignore.
The North of Union Neighbourhood is the only area of Saint John which survived the Great Fire
of 1877. As such it is the only area of our City that can be used to understand and interpret the
early development of Saint John. Extant in the blocks surrounding the subject properties, are
dozens of historically and architecturally significant structures of Georgian and Greek Revival
design. Many of these were built by prominent leaders of our community during the Loyalist
settlement period. Unfortunately, this neighbourhood has been in decline for much of the past
century. It is currently pock -marked with parking lots and dominated by under-utilized and
unappreciated buildings. In the eyes of many the best course of action would be to make
everything disappear and start over with a clean slate, This myopic approach was already tried
in Saint John and other cities with disastrous results during the Urban Renewal efforts of the
1960-70's.
Cities develop in cycles. Popularity of an area stimulated by new development eventually loses
its luster as tenants chase the latest new and trendy area. The presence of artists relocating to
an, area is usually a good indicator, that the, bottom of the development trough in the
development cycle has been reached. This also stimulates and signals the beginning of the
development up -swing as those who want to be seen as avant-garde and on the leading edge
are drawn to this area of town. Artists are sometimes drawn to a run-down area either, chasing
the notion that creativity is fostered by suffering and can be achieved by living or working in
low quality environments — the concept of an artist working in a lonely garret with a leaky roof.
More often however, artists are drawn to areas in pursuit of inexpensive spaces, replete with
rich architectural character that stimulate the creative process. The neighbourhood North of
Union has both.
Jim H Bezanson Renaissance North of Union Page 1
a1.1
Expression of Interest Proposal 1 for. 117&119 Union St and 15 8t 19 Wellington Row
. .. ...... .
Development of the neighbourhood North of Union provides an opportunity quite different
from, but compatible to, the experience of the Trinity Royal area and equally beneficial for the
citizens of Saint John. Real tangible growth occurs when neighbourhoods respect the
architectural and historical resources inherited from previous generations as opportunities to
continue to provide a unique identity to the community and a strong foundation for future
prosperity. Unlike Trinity Royal however, the area North of Union Street also provides ample
opportunities for new infill buildings that are compatible to their context. New construction
should be high quality structures that fit well into their surroundings but also stand shoulder to
shouillder with existing buildings and be well designed heritage landmarks of the future.
It is well documented that Saint John is a city in transition. Sensitive utilization of edifices built
from wealth generated by our industrial and transportation/shipping past provide a strong
community identity and sense of place. This is a very strong asset that can be marketed as we
proceed into a knowledge (vs. industrial) based economy. It is these environments which have
always attracted creative people. If the City of Saint John accepts this expression of interest
the cultural assets from our past will provide the environment and a broad diversity of artists,
designers, electronic publishers, film and ICT professionals will create the "draw" to the North
of Union Neighbourhood where wealth based on the synergies of these two assets will be
generated. This approach is supported by the City of SaintJohn Arts & Culture Policy, Plan SJ,,
Vision 2015 and the Cultural Wealth Strategy.
The intended use for each building is targeted at meeting the needs of a segment of the
emerging Creative Economy. The synergies generated by these groupings will' foster a Creative
Precinct clustered around the Saint John Arts Center.
117 & 119 Union Street — Cluster of Live/Work Atelier/Studios and office spaces for arts groups
on the upper floors with Creative Caf6 / Art Gallery / Viewable Studios / Art Supply shop on first
floor and in the basement. In the short term a new outdoor neighbourhood interaction space,
fronting onto Wellington Row, will be createdby removing the decrepit additions at the rear of
the properties. An annual Artist -In -Residence program will be established. The selected
Artists) -in -Residence will produce commissioned works in -lieu of rent. These works of art will
then be auctioned off to establish a scholarship fund for art students who demonstrate
financial need. in the longer term anew infill will be constructed fronting onto Wellington
Row. This new high quality development will be sensitive to and compatible with its context.
7777777777777�
Jim H rn Renaissance North of Union Page 2
317
Expression of Interest Proposal 1 for: 117&119 Union St and 15 & 19 Wellington I gton Row
15 & 19 Wellington Row — Creative Convergence Center for web -based platform businesses to
enable networking and collaboration by people of different backgrounds and disciplines, while
providing opportunities to gather in order to generate unique services and products. Live/Work
Studios with shared, use as needed small meeting spaces, reception/secretarial services,
telecommunication systems, facilities for video conferencing, shipping/receiving/mail services,
etc. targeted at creative professionals:
• Designers (graphic, web design and hosting, electronic imagery, etc.);
• Publishers (electronic, by writers, poets, storey tellers and marketing agencies);
• Film, ICT & multi -media productions, education and research, etc.
It is envisioned that boardrooms and shared meeting spaces will be established in the
basement (exposed stone walls) which will also be used for:
• Webinars, distance learning; video -conferencing;
• Alternative/ art/ international films, film festival screenings, etc.
A Creative Industries School (fine arts & artisan training in heritage conservation,, digital media
and ICT creative economy programs) in conjunction with NBCC, UNB-SJ and Willowbank
(Ontario) will also have access to classroom and workshop space here.
This proposal is conditional upon acquisition of a portion of land approx. 40' x 50' at the rear of
these two properties across the common Lane as well as closure of said lane. In the short term
this additional property will be used for parking. In the long term it is envisioned that a new
infill annexed to the two existing buildings will be constructed. Current National Building Code
amendments are under consideration which would allow for construction of wood frame
buildings up to six stories high. Use of this construction assembly methodology is envisioned to
be 30% - 4010 less expensive than steel or concrete construction technologies currently
required for buildings over three storeys high. This new high quality infill development will be
designed to stand shoulder -to -shoulder (architectural excellence) with existing buildings and be
sensitive to its historic context.
I do understand that this proposal exceeds the parameters of the Expression of interest as
advertised. However, if the City of Saint John wants to stimulate a Renaissance North of Union
and play a leadership role in establishing a creative economy precinct, it needs to do more than
walk away from a few abandoned buildings that it has no appreciation for. The floor -plates of
the existing two Wellington Row structures does not rationalize the required investment in
such a venture as outlined. The small piece of additional property at the rear, in conjunction
with closure of the common lane, provides the opportunity to create a development of up to
Jim H Bezanson Renaissance North of Union Page 3
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Expression of Interest Proposal 1 for: 117&119 Union St and 15 x.19 Wellington Row
four times that of the existing floor -plates. Naturally the same multiple can be used for
determining the resulting increase in tax -base that this additional investment would generate.
It is envisioned that this will be a Renaissance Project that will lead the way and demonstrate
the viability of future similar projects resulting in a rehabilitation of this neighbourhood.
Regular updates will be scheduled on Rogers Cable 10 prior to meetings of Common Council. A
13 segment series on heritage building rehabilitation was completed with the assistance of the
proponent and aired on Rogers Cable approximately ten years ago. A similar program featuring
the development and rehabilitation of these buildings is planned. It is also envisioned that the
various phases of the rehabilitation will be viewable to citizens of Saint John during scheduled
gallery hops. In addition extensive use of social media will keep the public informed on
activities occurring on-site. The resultant "buzz" with make this the place to be seen and to be
located for Creative Economy professionals in Saint John. Leases for space in this unique
development will follow.
It is envisioned that the Union Street properties will commence first, followed by the
Wellington Row buildings. Typical phased development for the rehabilitation of older buildings
will be followed: Stabilization (roof) > Design > Code Analysis & Permits > Tender Documents >
Structure > Roof > Electrical & Plumbing > Exterior Envelope > Interior & Finishes > Tenant Fit -
Up > Occupancy,
Target Occupancy: Union St fall 2015; Wellington Row summer 2016 and infill projects 2017.
Jim H. Bezonson is the principle proponent for this Expression of Interest. Jim has worked on
the development and rehabilitation of old buildings for almost 40 years simultaneously as a
nationally recognized award winning conservation architect (registered member AANB & RAIC),
builder, planner, educator, contractor and developer. In 2004 Jim gained experience with
exactly the some type of development project when he purchased five properties on Princess
Street which were deemed surplus to the needs of the Catholic Dioceses following approval of
Jim H Bezanson Renaissance North of Union Page 4
321
the expansion of St. Macs High School. In 2012 Jim received the Gabrielle Leger Lifetime
Achievement Award from Heritage Canada —the National Trust. This is the highest award in
Canada and is given to one person annually in recognition of excellence in rehabilitation of
historic buildings.
Over the past two decades J'im has worked successfully with many people in the construction
and development community. Members of the team assembled for this proposal are:
Ron Gillis Electrical has been working on rehabilitation projects with Jim for twenty years;
Peter Morrison Electrical has been working on projects with Jim for ten years;
Al Doucette Plumbing has been working on projects with Jim for past twenty years;
Brian Hickman Plumbing has been working on projects with Jim for ten years;
MacDonald-Theriault web savvy social media entrepreneurs have been working on urban issues
and projects with Jim over the past four years.
R A Lawrence Engineering has been involved with various heritage projects with J i mi
Fred Chaisson has been site foreman and right hand man for Jim for over fifteen years
Bob McVicar has been promoting, marketing and championing the rehabilitation of old
buildings of Saint John with: Jim for over twenty years.
During the 1980's, Jim lived in, Vancouver, B.C. where he was staff for the first Heritage
Conservation Program for the City. He went on to help establish and was the, principal instructor
of the first trades program in Canada specializing in heritage rehabilitation at Vancouver
Community College in 1985. Jim has taught Heritage & Cultural Tourism in the Faculty of
Business at UNB-SJ.
For twenty four years Jim was the Heritage Development Officer for the City of Saint John, NB,
where he provided guidance on over 3,000 heritage conservation projects. Jim is well known as
an advocate of heritage conservation. He frequently gives presentations and workshops
throughout Atlantic Canada. The series of Practical Conservation Guidelines prepared under his
direction won an award from the American Association for State and Local History, and have
been requested throughout the world. He assisted with, drafting both; the first and second
edition of the national Standards & Guidelines for the Conservation of Historic Places in Canada,
While on an interchange between the City of Saint John and' Parks, Canada he managed the
development of the curriculum content and training program for Certification Agents in the
Historic Places Initiative which provided grants of up to $1 million, for projects such as Center -
Beam Place. Jim was given an Award of Merit by the Association Museums NB, two Heritage
Awards from The City of Saint John and the Queen Elizabeth 11 Golden Jubilee Award. In 2012
Jim H Bezanson Renaissance North of Union Page 5
KYA
Expression of Interest Proposal 1 for: 117&119 Union St and 15 & 19 Wellington Row
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Jim was awarded the Gabrielle Leger Lifetime Achievement from Heritage Canada — the National
Trust. In 2013 Jim was presented another life -time achievement award by the NB Historical
Society for his contribution to culture in, NB.
Jim believes in walking his talk, leading by example and gaining hands-on experience. He has
carried out sensitive heritage rehabilitation and development on six of his own Second Empire
and Queen Anne buildings, which were all built between 1878 and 1888. He has used these
buildings as his personal "living laboratory" to source materials, resolve design and technical
conservation challenges. He hired and trained the first masons to use lime -based mortar in
Saint John since WWII. His exemplary work on thermal improvement of existing wood windows
has earned him the ire of vinyl window suppliers throughout New Brunswick. Hie is comfortable
walking the fine line between building developer and heritage conservation advocate and sees
little reason for there to be conflict between the two. His philosophical / heritage conservation
theories are backed up by practical information and he is frequently heard to say ....here is how
I solved that challenge on my buildings.
Jim has employed a different masonry company each year to provide them an opportunity to
work with him on projects using appropriate lime -based mortar and appropriate techniques to
repaint an historic facade. At the moment he is adding copper and slate roofing to his
repertoire. He is currently using one building as a case study to wrestle with Building Code
challenges dealing with fire rated doors and exits; flame spread ratings of materials; horizontal
and vertical fire separations; etc. all of which have a tremendous impact of the ability of
property owners to retain authentic character defining elements of their heritage buildings, in
an economically viable manner. Another current heritage rehabilitation projects is a two
storey, three-wytli masonry addition to the building where he lives. With the exception of the
concrete footings, the addition is being built entirely of salvaged materials: 25,000 period
bricks, sandstone sills, wood windows, copper flashings, floor & roof joists, hardwood flooring,
cast-iron radiators, etc. As noted the extensive inventory of on -hand historic building
components, makes it possible for Jim, to undertake ventures such as outlined in this proposal.
Jim uses his 1955 Dodge truck on building salvage, heritage construction projects and is known
as a source of hard to find "old stuff". The current condition of the buildings as offered is
familiar to Jim. He will be able to rebuild or replace deteriorated components from his
inventory of cast-iron radiators; hardwood flooring; light fixtures; bricks; sandstone; windows;
pressed metal ceiling panels; slate and wood fireplace mantles; door and window trims; period
moldings and virtually anything needed to sensitively rehabilitate older buildings in accordance
with the national Standards & Guidelines for the Conservation of historic Places in Canada. Jim's
wealth of diverse experience will' be instrumental in ensuring that the North of Union
properties are successfully rehabilitated to the highest standard.
19Y491
Expression of Interest Proposal 1 for: 117&119 Union St and 15 & 19 Wellington Row
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See letter from TD Canada Trust indicating Jim has the ability to, undertake this project.
When the City of Saint John acquired these buildings an assessment of market value could be
determined by conventional appraisal methods: cash flow; comparable sales; etc. However,
since the buildings were intended for demolition they have not been maintained. These types
of projects being completed for public good and political perception, are generally regarded as
white elephants. The accepted method of calculating value is: value of the land minus the cost
of demolition. In the North of Union Neighbourhood parcels of land (without improvements or
buildings) are worth $25,000 to $30,000. Current assessed values for tax purposes, of these
properties with existing improvements / buildings are in the $15,000 range.
Demolition costs (for an uncompliicated average size project) are typically in the order of
$20,000 for a wood -frame building. The City has obtained an estimate of $143,000 to demolish
the existing buildings and make -good the exposed walls of remaining buildings. This cost will
certainly increase. The nature of construction of these buildings is very unusual. Each building
shares a 4' area where closets and other service spaces are located. As such the demising
property boundaries and wall's do not run in a straight line. This not only creates a bit of a legal
quagmire but also presents significant difficulties in making good the walls which would remain
following demolition. It is unlikely that this has been factored into the price for demolition and
reconstruction of the remaining walls, particularly considering that new foundations to match
the configuration of the devising walls will be needed.
Considering the cost and availability of vacant land immediately adjacent to these properties,
the value of the Union St and Wellington Row properties therefore, in their current condition is:
$25,000/lot minus $50,000/building demolition = in the range of -$25,000. Stated more
succinctly the City of Saint John would do well to pay a developer $25,000/property to take
these buildings off their hands and avoid further political embarrassment if the buildings were
demolished.
Precedent for sale of surplus white elephant buildings was established in 1981 when the City of
Saint John sold a dozen properties surrounding Prince William & Princess Streets for $5,000. A
similar process was repeated with the sale of the Red Rose Tea building a decade ago. it must
be noted that these buildings at the time of sale were in significantly better condition.,
Jim H. Bezanson offers to purchase from the City of Saint John for the total of $666 the four
surplus properties in the neighbourhood north of Union Street based on the following:
Jim H Bezanson Renaissance North of Union Page 7
Expression ofinterestProposal I for: 117&119 Union St and 15 & 19 Wellington Row
117 UNION STREET:
119 UNION STREET:
15 WELLINGTON ROW:
19 WELLINGTON ROW:
30' x 50' (rear of 15-19):
This offer is conditional on:
$117.
$119.
$15.
$19.
1196. (includes the, 50' portion of the Common Lane)
1. Jim H. Bezanson acquiring all four properties and approx. 40' x 50' plus the 50' portion
of the adjacent Common Lane between this land and the rear of 15-19 Wellington Row;
2. the City of Saint John agreeing to accept as a means of obtaining required fire flame -
spread and fire separation on the north fagade of 19 Wellington Row, the installation of
two layers of 5/8" Type X exterior drywall and aluminium siding, under the Alternate
Provisions for compliance of the National Building Code of Canada; and
3. the City of Saint John agreeing to accept the existing non -conforming ceiling height of
the top floors of the 117 and 119 Union Street properties and continue to grant and
permit legal occupancy of these spaces.
Al
MAGNITUDE OF INVESTMENT
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Jiim H. Bezanson envisions investing in the ord 'f $5,000,000. (Five
l,rWill�gn' dollars) on the
the 0
Ora /
existing four buildings and infill to bring his i ion to reality. This, inciude"s $1/2 million on each
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of the existing structures. Preliminary a clysis of the site at the rear of 15-19 Wellington Row
(including the 40'x5O'+, portion of Ian '�ndicates a new cornmercial infill development with a
i
i
floor plate in the order of 60'x5O' is p ski -[e_--At-$150/sq. ft. a new six story infill building and
the infill fronting onto Wellington Row . . require an additional investment in the order of
$2.5 -$3 million. This investment in high quality, cutting edge creative spaces, sensitive to their
heritage context, will generate significant tax -base increase for the City of Saint John. The
greater return on this investment however, will accrue for the citizens of Saint John as this
development stimulates the, Renaissance North of Union that will occur when cultural heritage,
creativity and entrepreneurial capacity converge to rehabilitate this as a neighbourhood with a
distinct identity that is authentic, attractive, of human scale, innovative and unique enough to
become a self -generating people attractor,
Jim H Bezanson Renaissance North of Union Page 8
Kylbl
Aug 8, 2013
Mr. Jim Bezanson
116 Wentworth St
Saint John, NB
E2L 2S4
RE: CONFIRMATION OF BANKING RELATIONSHIP
Dear Mr Jim Bezanson;
Please accept this letter as confirmation that you have had and continue to have a personal banking
relationship with TI) Canada Trust since Sept 1989. You are a valued client with TI) Canada Trust. You have
operated both your day to day accounts and various credit products over the years in a satisfactory manner.
As a Small Business Advisor I work directly with you to identify the financial products and services that
will meet your needs to finance the proposed projects in the North of Union Neighbourhood if you acquire these
buildings from the City of Saint John. I confirm that based on acceptable debt service ratio , your current assets
could service a project in the $3 to $5million range.
Our team has years of experience working with small business customers like you. We pride ourselves on
consistently delivering the professional, knowledgeable and timely service you expect from a business bank.
If you require any further information please feel free to contact me at (506) 634-1870 ext 245 or email me
at kr�ilalmen.e;sir (L
Sincerely,
Kathleen Eastwood
Small Business Advisor
19YU
Expression of Interest Proposal 2A for 15-19 Wellington Row only
This alternate Expression of interest is submitted as Proposal 2A and is only to be considered in
the event that the conditions of my Proposal 1 to acquire and develop all four properties
cannot be met. This approach follows the recommendation of staff involved with this call for
expressions of interest.
The use for both of the buildings at 15 and 19 Wellington Row as part of this proposal 2A will
remain residential as currently approved. However, the target market will be refocused to
meet the, needs generated by recent development in the surrounding area. Live/Work Atelier
Studios will be created where the floor -plate is conducive to this rehabilitation approach.
Apartments will be reconfigured and upgraded with contemporary features attractive to young
urban professionals seeking and uptown, center of the action lifestyle. Existing character
defining elements will be retained and restored. Industrial style kitchens will be created with
stainless steel counters and appliances, industrial lighting, etc. We have found these to be very
appealing to this sector of the residential market. The viability of shared, use as needed small
meeting spaces, reception/secretarial services, will be further explored but at the present time
is not seen to be viable given the existing floor -plate, configuration of spaces, etc.
Offer to Purchase
Jim H. Bezanson offers to, purchase, from the City of Saint John for the total' of $34.00 two
surplus properties in the neighbourhood North of Union Street based on the following:
15 WELLINGTON ROW: $15.00
19 WELLINGTON ROW: $19.00
Total: $34.00
This offer is conditional on:
1. Jim H. Bezanson acquiring both 15 and 19 Wellington Row; and
2. the City of Saint John agreeing to accept as a means of obtaining required fire flame -
spread and fire separation on the north fagade of 19 Wellington Row, the installation of
two layers of 5/8" Type 'X' exterior drywall and aluminium siding, under the Alternate
Provisions for compliance of the National Building Code of Canada.
Discussion as previously outlined for: PROMOTION & LEASING; SCHEDULE; TEAM; FINANCIAL
ABILITY; OFFER and MAGNITUDE OF INVESTMENT; apply to this Proposal 2A.
Jim H. Bezanson Renaissance North of Union Page 1
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