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2015-03-02_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday March 2, 2015 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 P.M. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Nominating Committee 10.2(4)(b) 1.3 Legal Matter 10.2(4)(f) 1.4 NB Museum Facilities 2015 Presentation 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Financial Matter 10.2(4)(c) 1.8 Financial Matter 10.2(4)(c) 1.9 Common Council and Annual General Meeting Attendance 2015 1.10 Employment Matter 10.2(4)0) 1.11 Personal Matter 10.2(4)(b) 1.12 Personal Matter 10.2(4)(b) 1.13 Personal Matter 10.2(4)(b) Regular Meeting Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of February 16, 2015 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Bishops Mills Natural History Centre re: New Brunswick Museum (Recommendation: Receive for Information) 5.2 Planning Advisory Committee Executive for 2015 (Recommendation: Receive for Information) 5.3 Stonehammer Geopark - Letter of Support for Expansion of New Brunswick Museum (Recommendation: Receive for Information) 5.4 Street Naming (Recommendation in Report) 5.5 Saint John Parking Commission: Appointment of Jennifer Cannon Canadian Corps of Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.6 Proposed Public Hearing Date - 80 Kierstead Rd and 10 -40 Elliott Row, 28 -36 Carmarthen St and 25 Wentworth St (Recommendation in Report) 5.7 H. McKend Correspondence re: Riverview Memorial Park (Recommendation: Receive for Information) 5.8 K. Loughery Correspondence re: Proposed Expansion of New Brunswick Museum (Recommendation: Receive for Information) 5.9 Kennebecasis Naturalist Society - Support for New Brunswick Museum (Recommendation: Receive for Information) 5.10 C. Waldschutz Letter of Support for NB Museum Collections Centre (Recommendation: Receive for Information) 5.11 Lease of Ground Floor Space - Saint Patrick Street Pedway (Recommendation in Report) 5.12 Saint John Board of Police Commissioners - Legal Fees (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Social Enterprise Hub Presentation 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation: Proposed Zoning ByLaw Amendment - 1480 Red Head Road 9.1.1 Planning Advisory Committee report recommending Re- Zoning with Sec 39 Conditions 9.1.2 Proposed Rezoning 1480 Red Head Road (1 st and 2nd Reading) 9.2 Staff Presentation: Proposed Zoning ByLaw Amendment - 1680 -1690 Red Head Road 9.2.1 Planning Advisory Committee report recommending Rezoning with Sec 39 Conditions 9.2.2 Proposed Rezoning 1680 -1690 Red Head Road (1 st and 2nd Reading) 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Winter Management Plan (Councillor Strowbridge) 12. Business Matters - Municipal Officers 12.1 Open Data 12.2 Gas Tax Fund (GTF) - 2014 -2018 Capital Investment Plan (Ref. No. 6934.078.0000) 12.3 Ratification of Intervenor Application for National Energy Board (NEB) Energy East Project Hearing 12.4 Amendment to the Traffic By -Law - Safer School Zone Program (1st and 2nd Reading) 12.5 Province Seeking Permission to Conduct Geotechnical Investigation on Portion of Riverview Park - Douglas Avenue (Tabled from January 19, 2015) 13. Committee Reports 13.1 Planning Advisory Committee: City of Saint John Building By -law Amendment (1 st and 2nd Reading) 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 J. Campbell: Snow and Ice Control 15.2 The Y's Men's Club: Loyalist City Ribfest 15.3 Titus Bakery Letter re Cleaning Up Portion of Prince Edward Street 16. Supplemental Agenda 16.1 D. Peters Letter of Support for NB Museum Expansion 16.2 G. Finley Letter of Support for NB Museum Expansion 16.3 I. Cameron Letter of Support for NB Museum Expansion 16.4 J. Pearce Letter of Support for NB Museum Expansion.docx 17. Committee of the Whole 17.1 Rockwood Park Golf Course Lease 18. Adjournment The City of Saint John Seance du conseil communal Le lundi 2 mars 2015 Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en priv6 en vertu des dispositions pr6vues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Salle de conference, 8e etage, hotel de ville 1 Approbation du proces- verbal — paragraphe 10.2(4) 2 Comite des candidatures — alinea 10.2(4)b) 3 Question juridique — alinea 10.2(4)0 4 Presentation des installations du Musee du Nouveau - Brunswick en 2015 5 Question financiere — alinea 10.2(4)c) 6 Question financiere — alinea 10.2(4)c) 7 Question financiere — alinea 10.2(4)c) 8 Question financiere — alinea 10.2(4)c) 9 Conseil communal et participation a I'assemblee generale annuelle de 2015 10 Questions relatives a 1'emploi — alinea 10.2(4)j) 11 Question relative au personnel — alinea 10.2(4)b) 12 Question relative au personnel — alinea 10.2(4)b) 13 Question relative au personnel — alinea 10.2(4)b) Seance ordinaire Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Procbs- verbal du 16 fevrier 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Bishops Mills Natural History Centre au sujet du Musee du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5.2 Direction du Comite consultatif d'urbanisme pour 2015 (recommendation accepter a titre informatif) 5.3 Geoparc Stonehammer : Lettre de soutien au projet d'ag rand issement du Musee du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5.4 Attribution de nom de rue (recommandation figurant au rapport) 5.5 Commission sur le stationnement de Saint John relativement a la nomination de Jennifer Cannon, membre du Corps canadien des commissaires, en tant qu'agent charge de 1'execution des arretes municipaux (recommandation figurant au rapport) 5.6 Date proposee pour les audiences publiques visant le 80, chemin Kierstead, les 10 -40, ruelle Elliott, les 28 -36, rue Carmarthen et le 25, rue Wentworth (recommandation figurant au rapport) 5.7 Correspondance de H. McKend au sujet du parc commemoratif Riverview (recommendation : accepter a titre informatif) 5.8 Correspondance de K. Loughery su sujet du projet d'ag rand issement du Musee du Nouveau - Brunswick (recommendation : accepter a titre informatif) 5.9 Kennebecasis Naturalist Society — Soutien au Musee du Nouveau - Brunswick (recommendation : accepter a titre informatif) 5.10 Lettre de C. Waldschutz appuyant le centre des collections du Musee du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5.11 Location d'espace au rez- de- chaussee de la passerelle de la rue Saint Patrick (recommandation figurant au rapport) 5.12 Bureau des commissaires de la police de Saint John — Frais juridiques (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Presentation du carrefour d'entreprises a vocation sociale 9. Audiences publiques a 18 h 30 9.1 Presentation du personnel : Projet de modification de I'Arrete de zonage visant le 1480, chemin Red Head 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 9.1.2 Projet de rezonage visant le 1480, chemin Red Head (premiere et deuxieme lectures) 9.2 Presentation du personnel : Projet de modification de I'Arrete de zonage visant les 1680 -1690, chemin Red Head 9.2.1 Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 9.2.2 Projet de rezonage visant les 1680 -1690, chemin Red Head (premiere et deuxieme lectures) 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Plan de gestion hivernal (conseiller Strowbridge) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Acces libre aux donnees 12.2 Fonds de la taxe sur 1'essence (FTE) — Regime d'investissement de 2014 -2018 (reference n° 6934.078.0000) 12.3 Ratification de la demande relative au statut d'intervenant pour I'audience du projet Energie Est de I'Office national de 1'energie (ONE) 12.4 Modification de I'Arrete sur le zonage — Programme visant a instaurer des zones scolaires plus securitaires (premiere et deuxieme lectures) 12.5 Province : Permission demandee pour mener une etude geotechnique sur une partie du parc Riverview — Avenue Douglas (point reporte lors de la seance du 19 janvier 2015) 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Modification de I'Arrete relatif a la construction de Saint John (premiere et deuxieme lectures) 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 J. Campbell : Controle de la neige et de la glace 15.2 Y's Men's Club : Loyalist City Ribfest 15.3 Lettre de Titus Bakery concernant le nettoyage d'une partie de la rue Prince Edward 16. Ordre du jour supplementaire 16.1 Lettre de D. Peters appuyant I'ag rand issement du Musee du Nouveau - Brunswick 16.2 Lettre de G. Finley appuyant I'ag rand issement du Musee du Nouveau - Brunswick 16.3 Lettre de I. Cameron appuyant I'agrandissement du Mus6e du Nouveau - Brunswick 16.4 Lettre de J. Pearce appuyant I'agrandissement du Mus6e du Nouveau - Brunswick 17. Comite pi6nier 17.1 Location du terrain de golf du parc Rockwood 18. Levee de la seance 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 16, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; M. Tompkins, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner Growth and Community Development; A. Poffenroth, Deputy Commissioner Growth and Community Development; P. Ouellette, Executive Director; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Deputy Mayor Rinehart offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 2, 2015 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on February 2, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Guide Scout Week - Feb 22 -28, 2015; 16.2 Safe, Clean Drinking Water Project - Advisory Services; 16.3 Safe, Clean Drinking Water Project - Site Access Agreement; 16.4 Vibrant Communities - Continued Funding Request; 17.1 Jupia Consultants Inc.- Strategic Review of Economic Development Agencies in Saint John; 17.2 Pilot Project Unapproved and Non - compliant Parking Lots in Uptown and South End Peninsula Area; 17.3 Elliott Row (Portion of) Consideration to Stop -Up and Close and to Initiate Rezoning Application. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The following conflicts were declared: Councillor Merrithew item 5.5; Deputy Mayor Rinehart item 5.6; Councillor Fullerton item 12.1; Mayor Norton item 12.5. 5. Consent Agenda 5.1 That the letter from W. Blakeney regarding the Riverview Memorial Park be received for information. 5.2 That the letter from S. Cunningham regarding the excellent job done by City snow crews keeping the streets clean be received for information. 5.3 That as recommended by the City Manager in the submitted report M &C 2015- 022: Contract 2014 -21: Cottage Hill and Lakewood Heights - Water Reservoir Quality 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/1-E 16 FEVRIER 2015 Improvements, the contract be awarded to the tenderer, Fairville Construction Ltd. at the tendered price of $124,243.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.4 That as recommended by the City Manager in the submitted report M &C 2015- 002: Provision of Compensatory Storage, Labourer's Union Local 900, 895 Ashburn Road, Common Council approve the sale of compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 95 cubic metres, at 895 Ashburn Road, to Labourer's Union Local 900. 5.5 Refer to Item 14.1 5.6 Refer to Item 14.2 5.7 Refer to Item 14.3 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.5, 5.6 and 5.7 which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Proclamation - Freedom To Read Week The Mayor proclaimed the week of February 22 -28, 2015 as Freedom to Read Week in the City of Saint John. 16.1 Guide Scout Week - Feb 22 -28, 2015 The Mayor proclaimed the week of February 22 -28, 2015 as Guide Scout Week in the City of Saint John. 8. Delegations /Presentations 8.1 Heritage Awards P. McCaffrey, 1St Vice Chair, Heritage Development Board presented the Saint John Heritage Awards 2014 to the following recipients: • Masonry Fagade Preservation - Denise Dow, Avi Miller, Daniel Gallent & Sons;1 Princess Street • Residential Fagade Preservation- - Michael & Susan Wallace, Ting Painting Ltd; 24 Queen Street • Residential Fagade Preservation - Carl Killen, Manchester Enterprises Ltd.; 159- 161 Orange Street • Residential Facade Preservation — Chris Murray, 260 Prince William Street • Residential Facade Preservation - Eric & Michelle Falkjar, Michell Masonry, Dowd Roofing, Miles Arbeau and Adam Brannen; 160 Sydney Street • Residential Fagade Preservation - Carolyn Lawton, George Poitras, Robert O "Neill and Black River Woodworking; 266 Lancaster Avenue, • Commercial Storefront Rehabilitation - Port City Royal, Derek Billingsley owner, Jacob Lutes, Tenant, Acre Architects Inc.; 45 Grannan Street, • Commercial Storefront Restoration Windows - Historica Developments, Chapel Grove Woodworking Inc., Dave Dupuis; 87 -91 Princess Street 8.2 Fundy Regional Services Commission (FRSC): Request to Develop a Single Police Service Delivery Model (Presentation) 3 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 J. Kerr, Executive Director FRSC, A. Bodechon, former Police Chief and B. Todd, former CAO Saint John Police Force, currently service as consultants, were tasked with the directive to investigate the cost of Saint John Police offering services to the other regional communities. Mr. Bodechon described the process that should be followed to analyze regionalizing policing options. In summary, a study should follow a 5 step process that emphasises: • Political will / leadership to undertake the study • Independent review • External review consultant must have subject matter expertise, a proven track record and have completed recent projects • Project results must reduce costs • Project results must enhance services 8.2.1 Fundy Regional Service Commission report on Single Police Service Delivery Model On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Common Council support the recommendation to authorize the study on a Single Police Service Delivery Model if the other regional communities agree, and in the absence of support from the other regional communities, to ask the province to partner and provide support for the study. Question being taken, the motion was defeated with Deputy Mayor Rinehart and Councillors Fullerton, Lowe, MacKenzie, Merrithew, McAlary and Reardon voting nay. 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Proposed Zoning ByLaw Amendment - 27 Cliff Street On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -2, A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -2, A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -2, A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 111 -2, A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Third Reading Proposed Municipal Plan Amendment and Rezoning with Sec 39 Conditions 2086 Ocean Westway 11 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 On motion of Deputy Mayor Rinehart Seconded by Councillor Lowe RESOLVED that the by -law entitled, "By -Law Number C.P. 106 -9, A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 106 -9, A Law to Amend the Municipal Plan By -Law" was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "By -Law Number C.P. 106 -9, A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 106 -9, A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -3, A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC); and amending Schedule E, Exceptions, by adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -3, A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. On motion of Councillor Farren Seconded by Councillor Lowe RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, shall be subject to the following conditions: a) That the use of the property be limited to the following uses: 1. Accommodation; 22. Personal Service; 2. Auction House; 23. Pet Grooming; 3. Bakery; 24. Private Club; 4. Banquet Hall; 25. Recreational Vehicle Sales and Service, Large; 5. Bar, Lounge, or Nightclub, subject 26. Recreational Vehicle Sales and 5 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 to paragraph 11.5(3)(b); Service, Small; 6. Business Office, subject to paragraph 11.5(3)(c) 27. Recycling Bins; 7. Business Support Service; 28. Restaurant; 8. Car Wash; 29. Retail General; 9. Catering Service; 30. Retail Warehouse; 10. Commercial Entertainment; 31. Sales Centre, Model Home; 11. Communication Facility; 32. Self- Storage Facility; 12. Contractor Services, Household; 33. Service and Repair, Household; 13. Day Care Centre; 34. Service Station, subject to paragraph 11.5(3)( e 14. Emergency Services Facility; 35. Technical or Vocational School; 15. Equipment Sales and Rental, Light; 36. Transit Terminal; 16. Financial Service; 37. Vehicle Body and Paint Shop, subject to pars raph 11.5(3)(f); 17. Funeral Service; 38. Vehicle Rental; 18. Grocery Store; 39. Vehicle Repair Garage, subject to paragraph 11.5(3)(f) 19. Health and Fitness Facility; 40. Vehicles Sales and Leasing; 20. Health Services Laboratory; 41. Veterinary Clinic; 21. Medical Clinic; 42. The existing use described in Schedule E: Exceptions, of each lot respectively, identified therein as being located in the CC zone. b) That a car wash not be permitted until such time as the site is serviced by municipal sewer; c) All future development shall be in accordance with a detailed site plan and building elevations, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features and relevant site statistics including coverage; d) The plans mentioned in (c) above must be attached to the building permit application for the development to which it applies, but not including any permit application for site preparation or foundation; e) That no vehicles be parked or displayed on the landscaped area in front of the residence; f) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; g) The developer must provide a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled for any additional development on the site, subject to the approval of the Chief City Engineer or his designate; h) The developer must provide an engineering water and sewer analysis for any additional development on the site, determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan, subject to the approval of the Chief City Engineer or his designate; i) Any infrastructure improvements that are required to service additional development on the site, will be the applicant's responsibility and cost to complete; That Common Council repeal the Section 39 resolution of September 17, 2001. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -3, A Law to Amend the Zoning By -Law of The City of Saint John ", X 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC); and amending Schedule E, Exceptions, by adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C. P. 111 -3, A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 11.1 Overnight Parking (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that item 11.1 Overnight Parking (Councillor McAlary) be referred to the City Manager to report back on the idea of eliminating overnight parking on public streets during the winter months. Question being taken, the motion was carried with Councillors Merrithew and Strowbridge voting nay. 12. Business Matters - Municipal Officers (Councillor Fullerton withdrew from the meeting) 12.1 LNG Tax Concession Background Information On motion of Councillor Strowbridge Seconded by Councillor Reardon RESOLVED that Common Council seek advice from the City Solicitor on the impact of the installation of the pipeline on the tax concession, and based on that information determine if any further action is warranted; and further that Council direct staff to initiate formal discussions with Irving Oil on the current and future status of the LNG tax concession given the action to date and the proposed development of an export terminal. Question being taken, the motion was carried. The City Manager advised that he would report back to Council in 4 -6 weeks with the City Solicitor's opinion. (Councillor Fullerton re- entered the meeting) 12.2 Queen's Square Improvements - Awards of Contract On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -028: Queen's Square Improvements - Award of Contract, the tender for the Queen's Square Improvements as submitted by Cossey Corporation at the cost of $271,172.88 plus HST be accepted and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.3 One -Stop Development Shop Presentation 12.3.1 One -Stop Development Shop Final Service Delivery Model Options 12.3.2 One -Stop Service Delivery Model 12.3.3 Stakeholder Feedback Report On motion of Councillor Strowbridge Seconded by Councillor Reardon N 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -023: One -Stop Development Shop Final Service Delivery Model Options, as follows: (1) adopt the One -Stop Development Shop Final Service Delivery Model options "The Essential Package" and" The Enhanced Compliance Package" as outlined in M &C 2015- 023; (2) direct staff, subject to Council's budget approvals, to proceed with implementation of the OneStop Development Shop Final Service Delivery Model options "The Essential Package" and" The Enhanced Compliance Package" as outlined in M &C 2015 -023; and (3) direct staff to proceed with rewriting of the Subdivision By -law and Building By -law and the development of the Stormwater Drainage By -law that incorporates the service improvements outlined in M &C 2015 -023. Question being taken, the motion was carried. 12.4 Procedural By -Law Amendment - Cancelling Meetings of Council On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -027: Procedural By -law Amendment- Cancelling Meetings of Council, and directs staff to draft the necessary amendments to "A By -Law Respecting The Procedures of The Common Council of The City of Saint John" to incorporate the above mentioned procedures for the cancellation of meetings. Question being taken, the motion was carried. (The Mayor withdrew from the meeting and the Deputy Mayor assumed the Chair) 12.5 Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street (Tabled on January 19, 2015) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that item 12.5 Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Fullerton Seconded by Councillor Lowe RESOLVED that item 12.5 Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street, be tabled. Question being taken, the motion was defeated with Councillors Strowbridge, Reardon, Norton, McAlary, Merrithew and MacKenzie voting nay. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council receive for information the submitted report entitled, M &C 2015 -006: Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street. Question being taken, the motion was carried with Councillors Lowe and Fullerton voting nay. (The Mayor re- entered the meeting) 12.6 MMA Combat Sports On motion of Councillor Strowbridge Seconded by Councillor Farren n. 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 RESOLVED that Common Council adopts the recommendation in the submitted report entitled, MMA Combat Sports, as follows: That it be the policy of The City of Saint John that in each instance of a request being made to the City for written permission to hold an event coming within the scope of the Combat Sport Act (S.N.B. 2014 c. 48) and at a specified location within the City, the requested permission be granted provided the location is appropriately classified and designated under the City's Zoning and Municipal Development Plan By -Laws respectively and it being explicitly clear that any such permission is granted solely with respect to the land use regulation of the site; and further that Jacqueline Hamilton, Commissioner, Growth & Community Development Services, is hereby delegated the power and authority to administer the aforesaid policy, such delegation to continue until either rescinded by Common Council or until she no longer holds the position in question, whichever occurs first. Question being taken, the motion was carried. 13. Committee Reports On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried. 13.1 Community Grants Funding Recipients On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Common Council adopts the recommendation of the Community Grants Evaluation Committee as follows: 1. Approve the allocation of $226,000 from the Community Grants Program as presented in Section A of the submitted report; 2. Approve in -kind support under the umbrella of the 2015 Community Grants Program as presented in Section B of the submitted report. Question being taken, the motion was carried with Councillor Reardon voting nay. 14. Consideration of Issues Separated from Consent Agenda (Councillor Merrithew withdrew from the meeting) 14.1 Renewal Agreement — Provision of Recreation Programs and Services at the South End Community Centre On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -024: Renewal Agreement — Provision of Recreation Programs and Services at the South End Community Centre, Common Council as follows: a) That the City renew the agreement with the Boys and Girls Club for an additional two (2) years with the terms and conditions of the current service agreement remaining as is, saving and excepting the renewal provisions; and b) That the Mayor and Common Clerk be authorized to execute the renewal agreement. Question being taken, the motion was carried. (Councillor Merrithew re- entered the meeting) (Deputy Mayor Rinehart withdrew from the meeting) 9 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 14.2 Renewal Agreements — Provision of Recreation Programs and Services at the Millidgeville Community Centre & Forest Glen Community Centre On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council adopts the recommendation in the submitted report entitled M &C 2015 -025: Renewal Agreements - Provision of Recreation Programs and Services at the Millidgeville Community Centre & Forest Glen Community Centre, as follows: a) That the City renew these agreements with the YMCA for an additional two (2) years with the terms and conditions of the current service agreements remaining as is, saving and excepting the renewal provisions; and b) That the Mayor and Common Clerk be authorized to execute the renewal agreements. Question being taken, the motion was carried. (Deputy Mayor Rinehart re- entered the meeting) 14.3 Acquisition of Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services Westgate Park - PID # 55152292 On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -24: Acquisition of Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services Westgate Park - PID # 55152292, as follows: 1. That the City of Saint John acquire from Ellerdale Investments Ltd., Easements for Collection and Drainage of Surface /Storm Waters and for Municipal Services on, over, in, through, within and under lands bearing PID # 55152292 for $1,350.00 (+ HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M &C 2015 - 24; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Question being taken, the motion was carried. 15. General Correspondence 15.1 Saint John Community Food Basket - Request for Parking On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the request for in -kind parking support from the Saint John Community Food Basket be referred to the City Manager. Question being taken, the motion was carried. 15.2 Saint John Community Loan Fund - Social Enterprise Hub Project On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED the Saint John Community Loan Fund be permitted to present regarding the Social Enterprise Hub Project and that the Common Clerk be directed to schedule the meeting. Question being taken, the motion was carried. 16. Supplemental Agenda 16.2 Safe, Clean Drinking Water Project - Advisory Services 10 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -030: Safe, Clean Drinking Water Project —Advisory Services, Common Council: 1. Authorize expanding the scope of PWC to manage and coordinate the procurement process for the SCDWP through the RFP Open Period, and authorize the payment of the hourly rates as set out in the submitted proposal; 2. Authorize the payment of an amount not to exceed $500,000 plus taxes and disbursements to Tory's LLP for legal services; and 3. Authorize the payment of an amount not to exceed $150,000 plus taxes and disbursements to PWC for financial services. Question being taken, the motion was carried. 16.3 Safe, Clean Drinking Water Project - Site Access Agreement On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report entitled M &C 2015 -031: Safe, Clean Drinking Water Project — Site Access Agreement, Common Council approve the following: 1. The City enter into a Site Access Agreement with each of the three shortlisted Proponents or one of their Prime Team Members; and 2. That the Mayor and Common Clerk be authorized to execute the Site Access Agreement with each of the three shortlisted Proponents. Question being taken, the motion was carried. 16.4 Vibrant Communities - Continued Funding Request On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the letter from Vibrant Communities regarding continued funding be received for information. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Jupia Consultants Inc. - Strategic Review of Economic Development Agencies in Saint John On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on February 16th, 2015, Common Council approves the submitted proposal from Jupia Consultants Inc. entitled "Strategic Review of Economic Development Agencies in Saint John ". Question being taken, the motion was carried. 17.2 Pilot Project - Unapproved and Non - Compliant Parking lots in Uptown and South East Peninsula Area On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on February 16th, 2015, Common Council directs staff of Growth and Community Development Services to implement a pilot project to address unapproved and non - compliant parking lots in the Uptown and South end areas over the next 2 -3 months. 11 99- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 16, 2015/LE 16 FEVRIER 2015 Question being taken, the motion was carried. 17.3 Elliott Row (Portion of) Consideration to Stop -Up and Close and to Initiate Rezoning Application On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on February 16, 2015, Common Council approve the following: 1. The Public Hearing for the consideration of the passing of a By -Law to Stop Up and Close a 1,702 square metre portion of Elliott Row be set for Monday, March 30, 2015 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such a By -law; 3. It being understood that the City is neither explicitly nor implicitly obligated to enact any by -law to stop -up and close any public street, the City of Saint John consents to J.D. Irving, Limited, an affiliated company or its agent at its sole cost, risk and expense, to commencing a rezoning application for their purposes, and further, directs Real Estate Services to negotiate the terms and conditions of the sale of the lands contemplated in the street closure with J.D. Irving, Limited and to present to Common Council for its consideration a proposed Agreement of Purchase and Sale. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the meeting of Common Council held on February 16th, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 10:21 p.m. Mayor / maire Common Clerk / greffier communal 12 N0 p S 1t,I f NATURAL HISTORY CENTRE Saint John City Council City Hall Saint John, New Brunswick Dear Council: 6 St Lawrence Street Bishops Mills, RR #2 Oxford Station, Ontario KOG 1T0 http: / /pinicola. ca 22 February 2015 My wife, Aleta Karstad, and I have 45 years of experience working with and in museums, as collectors, cataloguers, preparators, researcher, illustrator, curators, exhibit designer, writers, and teachers. In our interactions with institutions, we have a simple classification: an agency or group either "responds to stimuli" or it "does not respond to stimuli." It's important for New Brunswickers to realize how uniquely the New Brunswick Museum, among museums in Canada, falls in the "responds to stimuli" category. When you're in a meeting with a member of the NBM staff, and they hear of a Green Sea Turtle washed up on a beach, or of mussels piled up on a shore by a hurricane - biffl - they've made arrangements and they're off, to preserve the record of the occurrence so that not only is the general state of New Brunswick's natural history documented, but also the exceptional events that may influence the health and ecology of its natural communities for decades afterwards. If there's a report of invasive Crayfish anywhere in the province, the NBM will be there to identify the invader and document its spread. If historically unique field notes are threatened with destruction or dispersal when their author has died or retired, you'll find them quickly catalogued into the NBM library. New Brunswick is a province founded on tenacity: Loyalists tenaciously sticking with the Crown, Acadians tenaciously loyal to their homeland, and First Nations tenaciously persisting and recovering their culture when they were expected to have faded away. Those who see museums only for the exhibits may not see the tenacity they embody, since this is only implied in the exhibits, but is acted out in the back rooms and research collections. In these back rooms there's a devotion to artifacts and specimens and information from the past, and a determination to pass 13 a cutting -edge knowledge of the present to the future. At its best, museum culture is based on a tradition of free sharing of specimens, resources, and data. Here multi- talented workers whose positions depend on competence and willingness share collegial relationships in a broadly cooperative workplace. The NBM is the oldest museum in Canada, and it is important to remember and acknowledge all the things it does and has done. The late NBM curator Stan Gorham's 1974 Checklist of World Amphibian species triggered the subsequent worldwide proliferation of inventories of species. The past few decades have seen the assembly by the NBM of the second largest collection of marine Mammal skeletal material in eastern North America (some of them on display at Market Square). Data on all the catalogued collections have been made available online in a commendably straight - forward format, and real -time crises in species and populations are being tracked, notably the decimation of Atlantic Canada's Bats by white -nose disease. The NBM's biological inventories of New Brunswick's Protected Natural Areas are engaged across the province on a 20 year plan, giving this province and the world a more complete idea of the wild habitats being preserved in New Brunswick than is the case with any other jurisdiction I know of. For these intense two -week events, the NBM sets up a laboratory in communities such as New Mills, Riverside - Albert, or Gagetown Village. Specialists on all kinds of organisms are invited to survey the PNA, they are taken out into the wilderness along doubtful channels or rutted roads, and their observations and collections scrupulously curated and recorded. Frugality is a big part of museum culture, and support for the NBM is doubtless one of the best investments the City can make, in terms both of knowledge of the lands and waters and the attraction of tourists. If collections are properly housed, decades can intervene between various stages of processing and study of museum material, allowing museums to endure "dry" periods between episodes of funding and staffing while maintaining the collections in perpetuity, which is a museum's primary mandate. However, there comes a point when dry periods extend into drought, and this leads to neglect of infrastructure, which becomes a crisis, as has now happened at 277 Douglas Avenue. Museum collections inevitably grow as they record the passage of time and increase in knowledge. Therefore it is fortunate that the plan which the museum's Board is proposing for solving the deterioration of the 14 present heritage building will double the space available to the institution. The time has come for everyone involved to give the most active museum in Canada all the support they can towards the modern facilities it needs for the Twenty -first Century. sincerely, n4 r Frederick W. Schueler, Ph.D. Research Curator http: / /karstaddailypaintin•° s�blogspot.ca /search ?q = new +brunswick CC: NBM director Jane Fullerton <Jane.fullertonknbm- mnb.ca> 15 Planning Advisory Committee February 10, 2015 His Worship Mayor Mel Norton and Members of Common Council: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Planning Advisory Committee Executive for 2015 City of Saint John The Planning Advisory Committee's Rules of Procedure provide for the election of an executive on a yearly basis. At its January 20, 2015 meeting, the Committee elected the following individuals as members of the executive for 2015: Chair - Eric Falkjar Vice Chair - Andrew Miller Third Executive Member - Philip Hovey Sincerely, Eric Falkjar, Chair 16 r� SW ONE.! HAMMER. February 25, 2015 Mr. Jonathan Taylor Common Clerk City of Saint John PO Box 1971 E2L 4L 1 Mr. Taylor, On behalf of the Stonehammer Geopark Board of Directors I wish to advise Mayor & council of the geopark's support for the expansion of the New Brunswick Museum Collections and Research Centre at Douglas Avenue into the footprint of Riverview Memorial Park. As a founding member of Stonehammer Geopark, the New Brunswick Museum was and continues to be instrumental in the success of the geopark. We cannot express enough how the role the collections and research impacted the decision of the Global Geopark Network, supported by UNESCO, to provide the designation of geopark to the region. The depth of the Collection Centre attracts researchers from around the globe and this was noted by the evaluators. Continued and improved access to the geological collection, humanities collection, and curators is key to our continued growth and success. The proposed enhancements to the park and the collections and research centre will enable Stonehammer Geopark and its partners to expand the experiences we offer to citizens and visitors and will impact the revenues of many businesses in the region. Additionally, Stonehammer's education outreach program for students and communities will benefit greatly. We ask council to approve the geotechnical survey that needs to be executed to continue the process for the much needed expansion and renovation at the Douglas Avenue location. Kindest regards, PW Andrew Logan Chair Sto eopark andrew@stonehammergeWark. c� cc: Madame Louise Imbeault, Vice Chair, New Brunswick Museum Board Jane Fullerton, CEO, New Brunswick Museum pdrk 17 1. REPORT TO COUNCIL M &C- 2015 -35 February 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Street Naming BACKGROUND: Because of the nature and configuration of the numerous buildings located on Port Saint John property in the lower west side, Staff has been in discussions with Port Saint John for the past few years in an effort to have them propose a unique street name for the main travelled portion of the port. The reason for this is to reduce confusion for emergency service providers. However, Port Saint John indicated that they wanted to wait until a new private access was constructed. W City of Saint John As can be seen on the 2014 orthophotos (see attached map), the new private access is now complete, therefore Staff requested that the Port Saint John suggest a unique street name for this newly created private drive. The Port Saint John Board of Directors has suggested Gateway Street as a street name for this private access. ANALYSIS Gateway Street meets NB 9 -1 -1 guidelines and is, in Staff's opinion, acceptable. RECOMMENDATIONS It is recommended that Common Council amend the list of Official Street Names and approve the following changes: 1. Add the name rue Gateway Street. in M &C- 2015 -35 -2- February 23, 2015 Respectfully submitted, YL MCIP, RPP and Community Development Services 19 41- CGA .ager W a_ r " . rue Gateway Street AL • • .. ��� v x fir; 1 - 5. IL ti rw M Kr 41 Saint John Parking Commission Commission sur le stationnement de Saint John February 17, 2015 Mayor Mel Norton and Members of Common Council City of Saint John 8th Floor, City Hall Saint John, NB Mayor Norton and Members of Common Council: 11th Floor, City Hall, 11 iome stage, H6tel de Ville P.O. Box 1971 / C.l? 1971 Saint John, N.B. /N. -B. E2L 41-1 Tel/ T6I: (506) 658 -2897 Fax / Telgcopieur: (506) 649 -7938 E -mail / Courriel: parking0saintjohn.ca RE: Appointment of Jennifer Cannon Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be approved: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Jennifer Cannon. And further, that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours trul , R' and J. Smith General Manager RJS /vf www.sairAithn.ca M &C -2015 -034 February 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: V3 City of Saint john SUBJECT: Proposed Public Hearing Date — 80 Kierstead Road and 10 -40 Elliott Row, 28 -36 Carmarthen Street & 25 Wentworth Street As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Yang Fu/ 80 Kierstead Road CFN RM To permit two Sunstar Ltd. apartments and a rooming house in the existing building Hughes Surveys 10 -40 Elliott Row, RC CU To permit a & Consultants 28 -36 Carmarthen permanent Inc. (for J.D. Street & 25 parking lot Irving Ltd.) Wentworth Street With regard to the above -noted application of Hughes Surveys & Consultants Inc., the proposal includes rezoning of a portion of the Elliott Row street right -of -way, which has been proposed to be stopped up and closed. Common Council authorized the application for rezoning of this portion of the subject site at its meeting on February 16, 2015. RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Yang Fu/Sunstar Ltd. (80 Kierstead Road) and Hughes Surveys & Consultants Inc. 22 M & C — 2015— 034 - 2 - February 23, 2015 (10 -40 Elliott Row, 28 -36 Carmarthen Street & 25 Wentworth Street) for Monday, March 30, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, MURP, MCIP, RPP growth and Community Development Services tC�=a=ger ds, CGA 23 February 14, 2015 Dear Mayor Norton, Deputy Mayor Rinehart, and Members of Common Council, I urge City Council to explore testing at Riverview Memorial Park, to assess its suitability for a potential expansion of the NB Museum, and to determine next steps. With public input, the Council needs to make decisions about a relationship with the research and collections functions of the NBM. The proposed development is a benefit to culture and tourism. The expansion has been falsely presented by some as a warehouse, rather than as a facility to address the archival needs, labs, and community education functions of the NBM. These functions come with public benefits and specialized jobs which would not exist in the city without the NBM, and none of which are part of the Market Space exhibition space. The proposal enhances the value of the surrounding neighbourhood, unlike an unused Park and boarded -up historical building. Stewardship involves our shared cultural, natural, and financial legacy. Stewardship continues with the Museum's efforts to reinvest in the Park, interpreting its foundations and increasing understanding of our many historical stories, given current physical and financial realities. If the current situation where occasional wedding photo shoots and dog peeing is thought not to disturb the sanctity of this space, the offered reinvestment can only enhance respect for the events and people there memorialized. If the Council is going to accept badly Photoshopped images of warehouses and studies by self - interested neighbours worried about their personal views of the river, moving forward with testing and discussion is the least that Council members can do. Sincerely, Heather McKend (received via email) 24 Dear Mayor Norton and Council Members— I wish to address the issue of the proposed expansion of the New Brunswick Museum's collections center on Douglas Avenue. I do not live in Saint John but I do work as a tour guide sharing the beauty and the history of our wonderful city with visitors. I love Saint John, pure and simple. I recently sent a letter to the Telegraph Journal expressing my views but it was a bit lengthy for them to publish so I have included it below for your consideration. I urge you to stand behind the museum on this issue and to do all that you can to help them make the facility on Douglas Avenue one that all New Brunswickers can be proud of Thanks you for your attention and consideration in this matter. Letter to the Editor: Words; powerful tools that can paint a picture, create a mood, tell a story or deliver a message. Sadly, words can also be used to bully and intimidate as we see too often in today's society. Words are often used for fear mongering by politicians and special interest groups. Words can also be used to mislead as I have noticed in some recent letters with regards to the planned expansion of the New Brunswick Museum. The most egregious and vastly misleading words are "warehouse" and "destroy ". To characterize the archives and collection center of this or any museum as simply a warehouse is as grossly understated as it would be to call Riverview Park a patch of grass for high school kids to smoke on. In addition to being the face of the New Brunswick Museum for over 80 years, the Douglas Avenue facility is responsible for carefully and professionally collecting, preserving, researching, and interpreting our province's heritage for generations to come. A recent survey showed that 84% of respondents are in favour of the proposed expansion. 10% are opposed and 6% are undecided. The Museum has been offering free tours of the collections facility since last fall. I am guessing that many of those in the 84 percentile have taken this educational and informative tour. I also assume that all of those opposed have taken the tour as I am sure that no one would actively opposed something that they are completely ignorant about (now THAT would be a poor lesson for our youth). To the remaining 6 %, those as yet unsure about where they stand on the issue, I would strongly encourage you to take advantage of these tours to fully understand the complexities of what goes on at this location and to appreciate the need for renovating and expanding the facility at this location. I seriously doubt you will come away characterizing it as a warehouse. As for the use of the word "destroy" with regards to Riverview Park, having seen the conceptual drawings and read about the proposed plans I think "reduction" and "enhancement" would more accurately describe the expansion project. Monuments of all types are often relocated (the Jervis Bay Memorial on the east side is a local example) or temporarily moved for restoration purposes and it would be easy enough to legally ensure the safety of the monument in Riverview Park. Much has been said about trees planted in memory of those soldiers who perished in the Boer War. According to Canada's Historic Places, four Saint John men lost their lives during the Boer War; there are a lot more than four trees in Riverview Park. What I would like to see from either side in this debate is the location of these specific trees relative to the proposed expansion. 25 Any actions by the New Brunswick Museum are predicated on the preservation of our history, and part of their very own history, and by extension ours, is the building on Douglas Avenue. The words "New Brunswick Museum" are emblazoned across the pediment along with the date 1784 that proclaims our proud heritage as a province and 1934 to commemorate the imposing neo- classical building that has been a focal point on Douglas Avenue since that time. By all means debate the issue, but let any arguments stand on their own merits without resorting to fear mongering and grossly misleading words. The museum is not a warehouse, no one wants to destroy Riverview Park and no one, especially an institution dedicated to our history, takes lightly the sacrifices made by any Canadian soldier in any conflict. I encourage everyone to attend a tour at the Douglas Avenue facility, to visit Riverview Park, to view carefully the conceptual drawings and read the proposed expansion plans and to make an educated decision. Kelly Anne Loughery Long Reach (received via email) 26 Mayor Norton I�NI\T$B$CASIS 257 Princess Street Saint John, NB E2L 11-4 met. norton @saintjohn.ca 23 February 2015 Dear Mayor Norton, The collections of the New Brunswick Museum have grown considerably over the past 20 -30 years. Within the Natural Science division, much has been learned and much has been preserved for future learning. The general public occasionally is heard to say that "if you have one collection of a species, then it is unnecessary to have more ". This statement reflects a common misunderstanding of the purpose of collections, and lack of understanding regarding research. Collections are so much more than just objects to put on exhibition. In an age of Google and CSI, we are often deluded into thinking that science knows `almost everything about almost everything'. Yet as research progresses, we are really just continuing to learn that we really don't know very much about the world around us. New beetles, new fungi, new lichens are frequently being discovered. Familiar species are being devastated by new enemies (elm, butternut and ash trees, little brown bat). Plants and animals are shifting their home ranges around our planet, expanding into new territories as a result of climate change and increased human mobility. Without repositories such as the New Brunswick Museum's collection center currently found on Douglas Avenue, we lose a valuable if not essential opportunity to form baseline data for now, and for the future. However, adding new collections requires more space. The Douglas Avenue facility is both bursting at its seams and in desperate, urgent need of repair. After multiple proposals to improve the facility over the past 20 years, the most economical is the expansion to the south into Riverview Memorial Park which will take up to 10% of the park. While the loss of any green space in an urban setting its always regrettable, one has to look at both viewpoints. if this expansion doesn't go ahead, the collection facility will have to move and a new tenant be found for the old structure, which would still have to undergo extensive renovations before any continued use. If a tenant couldn't be found, the government would have to entertain the possibility of taken down this historic, Douglas Avenue landmark structure. Such action would also be regrettable. Nature Sussex (formally the Kennebecasis Naturalist Society) fully supports the current proposed addition of the New Brunswick Museum's Collection facility into the adjoining park. We hope that the decision to move forward can be done quickly to enable construction to begin in the near future. Yours sincerely 1 266 L Colin Pyette Co- chairs of Nature Sussex Li-a t B ishop 27 February 24, 2015 Mayor and Councillors: I urge you to support and authorize the necessary actions to facilitate the Museum Board's expressed desire to expand in Saint John as opposed to relocating to Fredericton or Moncton, or anywhere else for that matter — including within Saint John city limits. There are over 70 highly paid and world renowned researchers, academics and students associated with the Saint John base. The museum annual budget is three million dollars. If the expansion project proceeds there will be many construction jobs and an increase in assessment for property tax payable to the City. A preferred option appears to be to expand onto Memorial Park. Despite some vocal folks who decry all and any change whatsoever, whatever the issue, for any or no reason, there is only upside for Riverview Memorial Park. In exchange for less than 10% of the area of the park I understand the plans could include park improvements and investment under the guidance of the City. I also see a boost in our tourism potential as a result of the project. This is all good — please put no obstacles in the Board's plans and, even better, endorse the project to the Province. Respectfully, Christopher Waldschutz cwalds @nbnet.nb.ca REPOR T TO COM -740N COUNCIL M &C- 2015 -32 February 18, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: LEASE OF GROUND FLOOR SPACE SAINT PATRICK STREET PEDWAY BACKGROUND: LR R:1 City of Saint John At its meeting of 28 October 1997 Common Council resolved to enter into a lease with NBR Holdings Ltd. (NBR) for a 46.5 square foot (4.32 square metre) portion of the Pedway System being at street level and on the northeastern side of St. Patrick Street (portion of PID Number 39206). The lease is now held by Ellerdale Investments Ltd. (EIL) The leased space was and is used and occupied to allow the Hong Kong Bank of Canada (Bank) to provide access from St Patrick Street into the leased space, to automated banking machines, and from the leased space into the Pedway. Pursuant to the lease renewal is permitted. A new annual rental rate of $19.00 per square foot has, subject to Council approval, been negotiated between EIL and the City. ANALYSIS The previous rental rate was $17.00 per square foot. The proposed $19.00 per square foot rental rate (Rate) was arrived at between the parties based on Cushman Wakefield Atlantic's Q2 2013 Office Rental Market Survey, and discussion with David Babincau, AACI of deStetcher Appraisals. The consensus is that the Rate represents fair market rate for the space for the renewal period of 01 March 2012 through 28 February 2017. A Renewal of Lease document for the new Rate and renewal term has been prepared by the City Solicitor's Office, has been signed by EIL, and is attached to this report. 29 M &C- 2015 --32 -2- February 18, 2015 RECOMMENDATIONS That: 1) The City of Saint John and Ellerdale Investments Ltd. set an annual rent of $19.00 (+ HST) per square foot for the first renewal term, March 01 2012 to February 28, 2017, of the lease dated April 8, 1997 registered in the Saint John County Registry Office on October 01, 1997 in Book 1929 at Page 354 as No. 417847, and, 2) The Mayor and Common Clerk be authorized to execute the Renewal of Lease attached to M &C 2015 - 32 Respectfully submitted, Paul Wilson, BBA Real Estate Officer "'e� CGA, MBA )f Finance auu ricuuunzwative Services Attachments 30 rian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager BY AND BE'T'WEEN: PID: 39206 RENEWAL OF LEASE THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — ELLERDALE II TVESTIVI(ENTS LTD., having its registered office at 1190 Fairville Boulevard, Saint John, New Brunswick, a corporation under the laws of the Province of New Brunswick, the "Current Lessee" WHEREAS the Lessor entered into a Lease with. NBR Holdings Ltd, ("Original Lessee's dated April 8, 1997 and registered in the Saint John County Registry Office on October 1, 1997 ih Book 1929 at Page 354 as Number 417847; AND WHEREAS the Original Lessee assigned its interest in the Lease to N.R. Apartments Ltd. and the Current Lessee by instrutnent dated as of January 1, 1998 and registered in the aforesaid Registry Office on Marsh 2, 1998 in Book 1957 at Page 241 as Number 420961; AND WHEREAS N.R. Apartments Ltd. assigned/conveyed its interest in 'the Lease to the Current Lessee as evidenced by the Solemn Declaration of Anna Spataro attached hereto and forging part hereof; AND WHEREAS the original term o the Lease expired.zn February 28, 2012; AND WHEREAS the Lease provides for renewal of the Lease for four (4) additional terms of five (5) years each; AND WHEREAS the Current Lessee has renewed the Lease for a term of five (5) years from March 1, 2012 to February 28, 2017 C'11' ReuewalTerm"); AND WHEREAS the Lessor and the Current Lessee have agreed to the amount of rent payable for the said 1' Renewal Terra; NOW THIS INDENTURE WTTNESSETH as follows.. I. The Current Lessee covenants and agrees to pay to the Lessor in each Lease year of the 19` Renewal Terra the amount resulting when the rentable area of the Premises expressed in square feet, that is 46.5 8.2 more or less, is multiplied by $ 19.00 per square foot together with HST or any tax substituted in lieu thereof 2. The rent shall be paid annually on March. 1" of every year of the I' Renewal Term in advance, without set -off, compensation or deduction whatsoever. 3. The Lessor and the Current Lessee hereby covenant that they shall perfprm and observe the covenants, provisos and stipulations in the Lease as fully as if such covenants, provisos and stipulations had been repeated herein in full with such modifications only as are necessary to make them applicable to this Renewal of Lease, 31 saving and excepting the proviso for renewal, there being three (3) additional terms of five (5) ye= each available to the Current Lessee, AND FURTHER THIS INDENTURE W I NESSETIi that the Current Lessee confirms that its subtenant, the. Hongkong Bank of Canada, is in possession of lands registered under the Lund Titles Act, being Chapter L-1.1, S.N.H. 1981, on January 4, 2008 as Parcel Identifier 00037001 IN WITNESS WHEREOF the parties hereto have caused this Renewal of Lease to be executed by its duly authorized signing officers and its corporate seals affixed, this day of , 2015. SIGNED, SEALED AND DELIVERED in the presence of 32 TILE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: ,2015 COUNTY OF �" ! I Fe1 SOLEMN DECLARATION I, Anna Spataro, of 209 Collishaw Street, in.the City of Moncton, in the County of Westmorland, in the Province of New Brunswick, DO SOLEMNLY DECLARE as follows: 1. THAT I am the sole director of N.R. Apartments Ltd. and as such have personal knowledge of the matters herein declared and am duly authorized by the said company to make this Solemn Declaration. 2- THAT N.R. APartmcRts Ltd., by an Assignment of Lease made as of the 1" day Of January, 1998, acquired an undivided one -half interest as a. tenant in common with Ellerdale Investments Ltd. of the leasehold interest irk "a portion of the Pedway System containing an area of 4.32 square metres and designated as Lease Area or) a sketch dated March 12, 1997"3 a copy of said sketch attached hereto as Schedule "A"; the said Assignment of Lease was registered in the Saint John County Registry Office on Much 2, 1998 in Book 1957 at Pages 241 -244 as Kumb,�r 420961. 3. THAT effective September 1, 2005, 045641 NB. Inc. and N.R.'Apartments Ltd. amalgamated under the name 045641 N.B. Inc.; the Certificate of Amalgamation was registered in the aforesaid Registry Office on September 27, 2005 as Number 2.1030334. 4. THAT effective September 1, 2005, the company, 445641 N.B. Inc., changed, its name to N.R. Apartments Ltd., the CertaEcat,; evidencing the same change was registered in the aforesaid Registry Office on September 27, 2005 as-Number 21030409. S. THAT sometime after September 27, 2005, N.R. Apartments Ltd. assigned/conveyed its undivided one -half interest in the said Lease Area recited in Paragraph 2 hereof to Ellerdale Investments Ltd, and has no interest in the leasehold lands described in the said Lease Area. AND I MAKE TIM SOLEMN DECLARATION conscientiously believing it to be true and knowing it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. 11 DECLARED BEFORE ME at the l ��A U ik7 ty of in the County of i 11-e 11�-S k f mew wictc, A Commissioner of Oaths j� a7 Cz o g i.._[ C- Anna Spataro .5 dILLA. IACOF Zi Commission # EE 186624 Expires August 5, 2016 sawaa rnN Tmq fam ewe 8"S-70 1tX 33 SCHEDULE W '? 34 tog '? 34 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21.., 41.,1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L 1 NICOLE PAQUET Chair/ President JENNIFER CARHART Vice Chair/Vice President MAYOR MEL NORTON Commissioner /Commissaire JOHN MacKENZIE Commissioner / Commissaire JONATHAN FRANKLIN Commissioner /Commissaire BRIAN BOUDREAU Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648 -3324 E- mail /Courrrel: policecornmission ai�.saintiohn.ca SAINT JOIN Explore ourpastl Explorez ootre passe Discover your future/ Decouvrez votre avenir February 11, 2015 M &C 2015 -029 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - Legal Fees We wish to advise you that at the Saint John Board of Police Commissioners meeting on February 11, 2015 the following resolution was passed - "RESOLVED that the submitted summary of legal fees for the Saint John Police Force for 2010 -2014, be received and filed and a copy be forwarded to Common Council." Respectfully submitted, 1__�_ 9 L Nicole Paquet Chair Saint John Board of Police Commissioners Ijaf encl. 35 REPORT TO SAINT JOIN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION February 10, 2015 Nicole Paquet, Chairwoman and Members of the Board of Police Commission Chairwoman Paquet and Members SUBJECT Legal Fees Summary 2010 - 2014 BACKGROUND r - WL SRJNr �GtAN As requested by the Saint John Common Council, the purpose of this report is to provide the Board with a schedule of the legal expenses for 2010 to 2014. 2014 2013 2012 2011 2010 Summary of Legal Fees 2010-2014 General Counsel Labour Negotiations Police Act Unfair Labour Hearing PSCC Certification Labour Arbitration Total Expense 44,265 69,503 10,826 - - - 124,594 23,539 41,999 32,264 - - - 97,802 43,324 - - 22,385 18,512 - 84,221 16,571 34,321 - - - 23,706 74,599 53,251 - - - - - 53,251 180,951 145,823 43,090 22,385 18,512 23,7061 434,467 36 Nicole Paquet, Chairwoman and Members of the Board of Police Commission February 10, 2015 Page 2 Subject: Legal Fees Summary 1010 - 2014 RECOMMENDATION It is recommended this report be received and filed. Respectfully submitted, Marvert -E. Corscadden, CPA-,CPA DIRECTOR HR & FINANCE �` 37 BUILDING A SOCIAL ENTERPRISE HUB 4 �� AN PRINCE EDWARD ST SAINT JOHN, NB Presentation by : Seth Asimakos, GM, Saint John Community Loan Fund Saint John Community Loan Fund Overcoming poverty is not a task of charity, it is an act of justice. What we need is an entrepreneurial society in which innovation and entrepreneurship are normal, steady and continuous. 39 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Our Mission improve social conditions; promote economic independence; foster entrepreneurship in our community 8 Si nr-e 19H Impact 339$ people building skills 375 per ,rear, building skills to take the next step forward 2 3 11 a n avg. of 17 loa ns p er .Yea r, fin and ng futufes 5390,969 oaned 5199,454 re p ai d $105, 529 wil'o One renovated building' 4-3 U E a q d .------ - - - - -- - - -- --- - - - - -- - - -- ------ - - - - -- .. - - -- - -- - - - -- - - - -- - -- • - -.- . . 108 people back to r I 4 businesses launched 77 people in better housing people returning to school 41 m i II ions saved bar gave rn ment, even rn ore :5 created for ccmrnun i IAL ENTERPRISE HUB :John Community Loan Fund III 6 RPL--Mgv 42 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund A Social Enterprise hub 15,000 square f 3,.,f lb o rs 1110 SJ�afr@ 3 i V � 4W **r M Eno, I. r*'T d COI �W it #IL4 i�. 4i •Fi Daiw+ 7i it d/ Three floors 1St floor — enterprises 2nd floor — training 3rd floor — innovative management 43 UUILU114U Pi >QCIAL Liv i LRPRISE HUB Saint John Community Loan Fund Ta rget)ten a nt/pa rtner entrepreneurial non profits micro entrepreneurs social enterprises The Value: • cluster effect for innovation, for purchasing, for leveraging investment • leading technology • multiple and flexible meeting space • central location • affordable rent • enterprise support and acceleration 44 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund 111 Floor Start Here Centre The main entry will have a front desk and assistant who will provide orientation to anyone coming into the Hub. This position will be an opportunity to transition clients to work by providing a mentored work opportunity. 45 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund 5 On the ground floor a social enterprise cafe used for back to work training. 46 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Down the hall, micro enterprises are clustered and focused on a lean start up. I*_1VMft1q , .r_ • A'rop" S-9 E�Wpnu Hm6 GROUPID FLOOR PLAN 1 A2 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund S2COnd floor training occurs in rooms that can be collapsed and enlarged to accommodate larger community events and pitch presentations. ___m We Bring Literacy To Life learn The Saint John Learning Exchange 5an John Learning Exchange 6 a non -profit htei edutaoon organization that provides a po"a and supportive learner- centred environment. Self -paced learning programs are orovided for adut& youth and Famdes. We pronwte Ife long looming and the enp o rtance of keray. BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Offices The Saint John Learning Exchange employs ten trainers and five job developers. Their work is key in moving individuals through training with over 50% achieving their GED. Those who cannot achieve their GED are trained in workplace essential skills and may have an opportunity to work in transitional work settings to build their skills for reaching their goals for employment. 49 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund gird floor, enterprising is work on poverty social enterprise and 1. city Loan Fund Exchange Social Enterprise Officers nt Council �ntre Social Entrepreneurs BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Meeting Rooms -11% 216 and 316 Floors Special Event and Pitch Room With various organizations in one location, we share meeting rooms which means we have more variety at our disposal. This is where we host our own and other pitch events, as well as larger training sessions that can accommodate 50 -70 people. 51 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Strategy Rooms We will have two of these size rooms which can accommodate 15 people. This is where the designated committees and boards work to build strategy for innovative solutions to grow. One -can -One Idea Generation T� `IJ �► 4 Whether working with a client to support their quest or working with a couple of partners, these rooms are about having a space for building that initial idea and supporting it. Many important steps will start right here. 52 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Interested in being part of the Social Enterprise Hub? Interested in building a space that integrates social and economic goals? That supports micro and social entrepreneurship? That supports neighbourhood impact, and solutions that reduce poverty and retain our population for our community, province and region? 53 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Why it makes sense 54 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund eat Orge :11i0rire ri I Zat I C n n n ro 's r. 6 The Saint John Learning Exchange Saint John Learning Exchange is a non -profit literacy education organization that provides a posit.,e and supportive learner - centred environment. Self -paced learning programs are provided for adulksr Youth and families. We promote life long learning and the import -ante of literacy. 55 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund the neighbourood ■ V F ` Waterloo Village Y Poverty Rate t High School Non - Completion r y h - Labour Force Participation Rate 4' ©1± Rented Dwellings 0 25.5 59.0 n.;, 56 50.7 56.1 20.8 -- 39.7 22.6 50.0 53.2 60.2 91.6 93.6 43.6 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund It Fits need (re) urban intensification and mixed use promote culture of entrepreneurship and locally - owned businesses 57 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund It Fits STRATEGIES FOR INNOVATION ur vaincre Ensestd Overcamin, Poverty foster a culture of entrepreneurship strengthen collaboration For Job creation; For Poverty reduction 58 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund It Fits Canada 1 +1 Building strategic projects that build the economies of Atlantic Canada Assisting entrepreneurs, investing in infrastructure, accessing capital 59 lalamlk: Vvaadm kwficr do A - I)pp4rrlunitk -, rhnr1lii }m r+e��n+Fmiyor %1.Vflrl dU u�ndu 'tpilrnliyur BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Imf,mofll VIEW ww I kJ,Jj, G i.e I, I I I , r www.sehub.ca Flllinq vacant lots. V/Clustering innovative non-profits. ME Training in workplace skills. aching enterprises. GOAL JOIN US AS WE BUILD NEW FUTURES TOGETHER TENANTSJ.d..' Cl . ..... I'll I...d i(Il'! IA-1- ME Training in workplace skills. aching enterprises. GOAL JOIN US AS WE BUILD NEW FUTURES TOGETHER 0 () Investment co C)= Interested in being part Of the Social Enterprise Hub? Interested in building a space that integrates social and economic goals? That supports micro and social entrepreneurship? That supports neighbourhood impact, and solutions that reduce poverty and retain our population for our community, province and region? k, id 61 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund Presentation to Planning Advisory Committee February 17, 2015 Kristen Flood, Growths and Community Development Services WA To change the use from a place of worship to a one -unit dwelling, with the addition of a proposed detached garage. Existing Site Conditions Proposed Site Plan Len V, h: 115 X8 1 LengU 2JI ft Growth and Community Development Services February 17, 2015 SAINT JOHN 63 The lot is located on Red Head Road just north of the intersection with Hewitt Road The property has an area of approximately 2,025 square metres The lot currently has a place of worship, the former Red Head United church, with a paved driveway and large parking lot that is partially located in the property's required front yard and extends into the adjacent public right-of-way • Proposed Rural Residential (RR) zoning is compatible with adjacent properties, which are zoned Rural Residential (RR) and Rural (RU) Growth and community Development Services February 17, 2015 SAINT JOHN Ell f r} t Growth and Community Development Services February 17, 2015 fff SAINT JOHN 65 Desigated Rural Residential: • The land use designation recognises the relative stability of these areas in their current form • The Plan allows the potential for natural growth to occur in these areas incrementally over time • Staff are of the opinion that the proposed Rezoning conforms to the intent of the Municipal Plan Growth and Community Development Services February 17, 2015 SAINT IOHN M. Public Notification 8 letters sent on Thursday, February 4, 2015 to landowners in vicinity of site • Advertisement in Telegraph Journal - Friday, February 5, 2015 . z Growth and Community Development Services February 17, 2015 � SAINT JOHN 67 That the Planning Advisory Committee recommend: • That Common Council rezone a parcel of land having an area of approximately 2,025 square metres, located at 1 480 Red Head Load, also identified by PID No. 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR); and That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land be subject to the condition that the required front yard extending to the edge of the travelled portion of the street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed residential use. Growth and Community development Services February 17, 2015 S.1rr JOHN .: Planning Advisory Committee February 18, 2015 Your Worship and Councillors: SUBJECT: Proposed Rezoning 1480 Red Head Road P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint john On February 2, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 17, 2015 meeting. Heather Osepchook appeared before the Committee representing the applicant, Charles Gow, and spoke in favour of staff recommendation. Ms. Osepchook expressed support for the change of use from a place of worship to a one -unit residence that will bring new residents to the City and prevent the building from remaining vacant. No other persons appeared before the committee and no letters were received regarding the application. After considering the report, the Committee recommended approval of the rezoning of the property subject to a Section 39 condition regarding landscaping. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified by PID No. 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as being PID No. 00340422, be subject to the condition that the required front yard extending to the edge of the travelled portion of the street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed residential use. .• Respectfully submitted, Eric Falkjar Chair KF Project No. 15 -004 -2- 70 r, . Date: To: From: SUBJECT Applicant: Owner: Location: Existing Designation: Existing Zoning: Proposed Zoning: Application Type: February 13, 2015 Planning Advisory Committee Community Planning and Development Growth and Community Development Charles Gow United Church of Canada 1480 Red Head Road Rural Residential Neighbourhood Community Facility (CFN) Rural Residential (RR) Zoning By -Law Amendment I'L k Power of Committee: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Monday, March 2, 2015. Applicant: Charles Gow I Location: 1480 Red Head F�Td Page I 1 SUMMARY The subject property and surrounding neighbourhood are located in the Rural Residential designation on Schedule B of the City's Municipal Plan. The property is zoned Neighbourhood Community Facility (CFN), which allows for its current use as a place of worship. The applicant has agreed to purchase the property on the condition that his application to rezone the property to Rural Residential (RR) is approved. If approved, the applicant will convert the place of worship into a one -unit dwelling and construct a garage. The proposed rezoning is compatible with the neighbourhood context. The surrounding properties are zoned Rural Residential (RR) and Rural (RU). The proposed rezoning fits in with the Municipal Plan's established vision for the area and presents no apparent land use conflicts. Staff recommend approval of the proposed rezoning subject to the condition that the applicant must landscape all required yards and the area where the existing parking lot encroaches into the adjacent street right -of -way within one year of a building permit being issued. RE COMM E w:D A: SON 1. That Common Council rezone a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified by PID No. 00340422, from Neighbourhood Coinmunity Facility (CFN) to Rural Residential (RR). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as being PID No. 00340422, be subject to the condition that the required front yard extending to the edge of the travelled portion of the street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed residential use. DECISION HISTORY There are no previous planning applications or decisions for the subject property relevant to this application. ANALYSIS Site and Surrounding Area The subject site is located in the City's Red Head area on Red Head Road just north of where it intersects with Hewitt Road as illustrated on the attached Map 1. This area of the Applicant: Charles Gow I Location: 1480 Red Head -RRoad page 12 City is a semi -rural neighbourhood that is predominantly zoned Rural Residential (RR) and Rural (RU). The subject property has an area of approximately 2025 square metres, and a lot frontage of approximately 46.5 metres. The property has a paved driveway and large parking lot that is partially located in the property's required front yard and extends into the adjacent public right -of -way. The subject building is a one - storey place of worship, the former Red Head United Church. Proposal The applicant is seeking to rezone the subject property to change the use of the building from a place of worship to a one -unit dwelling. A proposed detached garage will also be constructed. The original site plan (copy attached) indicates that the garage will be located partially in the property's required 10 -metre front yard but staff and the applicant have agreed on an alternate location to the right of the building that will not require a variance. The front yard will be re- sodded and planted with grass seed and possibly small Caragana bushes. Municipal Plan The subject property and surrounding neighbourhood are located in the Rural Residential area on Schedule B of the City's Municipal Plan. The intent of this land use designation is to acknowledge the relative stability of these areas in their current form, while allowing the potential for natural growth to occur incrementally over time. The evolution of these areas should be compatible with the rural lifestyle and with the existing community character. Zoning The existing zoning of the subject site is Neighbourhood Community Facility (CFN), which is complementary to the Red Head area's predominantly Rural Residential character. Discussion The adaptive re -use of a vacant place of worship as a one -unit dwelling in a Rural Residential neighbourhood is in keeping with the planned gradual evolution of the community. Permitting small scale residential growth in these settlement areas is intended to better utilize the City's investments in community infrastructure in these places and ensure this lifestyle choice can continue. The current proposal reflects a small scale increase in the residential density in the subject neighbourhood. As this increase reflects the vision of the Municipal Plan and the character of the surrounding neighbourhood, staff recommend approval of the proposed rezoning. It is recommended that approval of the proposed rezoning be subject to the condition that the required front yard, extending to the travelled portion of the street right -of -way, be landscaped. This landscaping will meet the requirements of the Zoning Bylaw, and enhance the aesthetics of the surrounding neighbourhood. Applicant: Charles Gow I Location: 1480 Red Head Road Page 13 73 Conclusion The subject site is located in the Red Head area of the City where there is an existing mix of Rural Residential and Rural zones. The neighbourhood is recognized as Rural Residential on Schedule B of the City's Municipal Plan, which recognizes the need for small scale growth to occur in these neighbourhoods over time. The subject property is a vacant place of worship and its adaptive reuse as a one -unit dwelling is compatible with the surrounding area. Allowing small scale increases in residential density in Rural Residential neighbourhoods helps support existing investments in the infrastructure and other assets that service these areas. Approval is recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject site on February 4, 2015. SIGNATURES AND CONTACT Prepared by: Kristen Flood Planner Contact: Kristen Flood Tel: (506)658 -4528 Fax: (506)658 -2837 E -mail: Kristen. Flood @saintjohn.ca Project: 14 -004 Approved by: Sta ey o Deputy ornmissioner Applicant: Charles Gow I Location: 1480 Red Head l pRd page 14 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Applicant: Charles Gow I Location: 1480 Red Head Egad Page 15 Ll 1480 Red Head Road Date: January 22, 2015 Map 1 - Site Locax..! on Tbr Cky Orson oohs rn Ruisseav 4. Map 3 - Zoml.. 1480 Red Head Road Date: January 22, 2015 rne ckyor Saint too Go 'For TPA '14 O O e Bill '' l �O 4 A / 'Es Ndobbourhood Community WHO [VIM) Borst INN Map 4 - Aerial j u Photo rah� g AL 4r 1480 Red Head Road Date: January 22, 2015 llw City of Saint iolm .. � C46)6 .. •* Y: Y w . �rr , K +. t •�, K i ' �� .j7A Site Photograpily 1480 Red Head Road Date: January 26, 2015 '1'�r�+fSaie�la5n fw Photo 1: Building and front parking lot. Photo 2: Side yard. Photo 3: Front yard parking lot. Photo 4-. Properties adjacent to the subject site. :1 6 ■ advertiser Name: Saint John Common Clerk advertiser Code: S71206 �Ize: 4.00 x 10.50 in. .ales Rep: Doug Thomson AMENDMENT RE: 1480 RED HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The Zoning By -law of The City of Saint John at its regular meeting to be held in the Council Chamber on Monday, March 2, 2015 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as PID No. 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR). REASON FOR CHANGE: To permit the existing building to be used as a one -unit dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4 :30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 DEZONAGE OBJET: 1480, CHEMIN RED HEAD Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante A I'Arret6 de zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la Salle du conseil le lundi 2 mars 201S h 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 2025 metres carr6s, situ6e au 1480, chemin Red Head, et portant le NID 00340422, de zone d'installations communautaires de quarder a zone residentelle rurale (RR). RAISON DE LA MODIFICATION: Permettre ('utilisation du batiment existant comme une habitation unifamiliale. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit A I'attention du soussign6 6 I'h6tel de ville. 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 A►u numaer: HCU400zi Ad ID: 7019495 Ad Legacy: 7560897 Current Date: Jan 22 2015 03:59PM Start Date: 2/5/2015 End Date: 2/5/2015 Color: B/W Client Approval OK ❑ Corrections ❑ So m 200 ft Date:01108M A 1452 Le n gt h: 8 a - .!ake- V-, e V "S TOP my :C.- ,-a f-se e7-�, 07 c'n"as Dn. crS 132 CBsr 31 -r:,s 3 t a c � 3'.'Iv. 7�-3 —.3 a r'llo-vc A, rims "s papa rot -ne-nded ,C tl� us %--I 7v %--a :.ac-tt": ac, 1 Ca I's exa-. v 3S 1 . as ''n.: a. SW -0. kes - - -solcza s-!z, �:,! m •_ on, *]�.p S7 ex r e s, C!, '7r--S ' . S -77 S Ic -; '.,my C4 nmrs C- -! is -. 3' c.35: ic as o its ;is--- cf Z.,v c - a par: 1447 A N i2Jl ft ft A 74m- 3, zem nals -'c-;- E35 OS me !=� c.= a -:: 0joe3 ss e S 3 d' fz s z c c z u. d s s i 1 7! a a o1i %Z�ZL-9 SZ-37"e U.-­ 0'� '.n,.g was S..'s ansms— D T&r. 4. jc:i43 As -m- S-5-Sn. idz- ceve -fc-lw Z!-. it ; . N �. "•sue �_� . �- r ..�—� r/ '�_ :.J _�f 1� ! I •' i a ' .L ! � i . �... y _... _ -83 ff kJ : __-- - ml \ � � ` - VT � � � � ' MAI N EW r-,A-v,+ZE +RA 7o '2�2-COME F-Y. *bEL\P­,C2MS �NZ� Ll vi' 'N, 3 (--- / P, E A, id: BmRcom w - _N 2GI fi Az w fi N a 1, > mresdms.com PROPERTY FULL VIEW Hw*.'N� filyftmd-m* ftah WArkail'N-pla , Admin Help —W. *ravuu MILS" OP. SJUMS Status: Active D M Legal Drier.: Exclusions Remarks Room- Intome; Healing; SioGwiv, IMAllelffL. tw, +few LaW bUHft on V approximate half acre la Lots o1parking, Building has a sanctuary with nwinyabdred qWw%ftj&N5. hak Whim. ciffiw above the When. Two hag bathe. Neww roaF Oftin were do" remity, valued at SM.00D. Tax amount may be a4usled with a new mvw. Boding offers ka of qtbwF bens On Red Head Rd. Saint Min r I"Su. ThrowjhJanlmfi",j11 orVJenda4WzVlg IWLdUSW4 Comm Bldg, Indust I Bldg - A Memo: lEkctdc Fire protecdDr Exterior. M erred M": For Sift 0 Land if% 8 Widing and sapfiq well Cvnsuucftr Land: rly Size- Underl).Sims Rental F4uipm.; Hot Water Tank 9 Documents: Roct phaft $ Wrigh; MunlcipA Year I lound Road Floor. Access d Exclusions Remarks Room- Intome; Healing; SioGwiv, IMAllelffL. tw, A AGREEPIEN T Oar' PURCHASE AND VIE Approved by The New Brunswick Rea! Estate Association for use by members under ,.J TaI . An Act to Incorporate The New Brunswick Real Estate Association The attached Schedule, if applccable, forms part of this contract: ❑ Vacant Land 0 MInVMobile Home 0 Condominium 0 Multi -Ilse Residentlal Income Properties D Sale of Buyer's Property 'mct�ufcr- C+ilarits Gaj; Melanie Parent offers to buy from the 5eller UMTED CHURCH OF CANADA � -� _ through EXIT RFiltl�l'Y SP$C IAT,TSTS SCSI) _ _and ROYAL LEPAGE ATLANTtC(S105 ) w - YS _T Se�ler's Agent (CmPary) auye��sAgent (Cempeny) — the Property designated as civic address: 1480 RED HEAD RD_ _ SAINT JOHN E2P f K4 having PID(s), 00340422 PAN n...._.__._�__ _ , (the "Property') et a isurti h c (. ie( . — _ — _Dollars on the following terms and conditions, f. HST The parties agree that Ifthis transaction is subject to HST, any such HST applicable to the transaction eris or I7 is A01In ruflce in tho p•.rfci;ase pace. z DEPOSIT (a) The Buyersuhmlts with this offer Signature is consideration Dollars D.00 Ll CASH / D CHEQUE 10 CITHER: _ payable to the Listing Agent as a deposit to be held in trust, pending completion or other termination of this Agreement. The deposit shall be credited towards the purchase price an completion, and the Buyer shall pay the balance of the purchase price on dosing or as otherwise stated In this Agreement. (b) The Buyer agrees to increase deposit to S­ � or I—% of the purchase price 0 CASH / VCHEQ{» / Lj OTHER: ,•._ .- payahle to the Listing Agent an or before the 331 day of Pecember Xp Z4 , 3. FINANCING Tnis Agreement is subjec to the Buyer delivering to the Seller or Seller's Agent written proof of financing in the amount of approximately a s % of purchase price) on or before the 31 day of December - _ _ _ _ _ _ , 2o14 faiAng which this Agreement becomes null and void. 4. CLOSING DATE This Agreement shall be completed on or before the 30 day of JanuuY 2C I? (hereinafter called the "Clq =ing Date"). Upon completion, vacant possession of the Property shall be given to the Buyer, unless otherwise specified. The Seller shall ensure that the Property is avallable for the pre - closing inspection by 10 A.M. an or before the =29 day of 1. , i ,, z i_ I i 5.IMPECTICIN The Mer �IDOI`S or n OCIPS NOT require an inspection of the Property. The Buyer is urged to carefully Inspect the property and may, If desired, have the Property inspected at the Buyer's expense. If the results of the insp�rdon are not satisfactory to the Buyer, the Buyer may terminate this Agreement by delivering written notice to the Seller or the Seller's Agent on or before the 4 _.___.. day of Janu aty Zp 15 ----• - .�, upon which this Agreement becomes null and void. Adtnowledgement of compleBon of Page 1 - Seifers hdduls�i Sayer'' indtla2s _ f µA 9!��x pope I of 6 aaaa. tno 7fx4�teu rYEIiFOnps'£ purjraptq W Property designated as civic address j 480 RE-1.7 HEAD RD - SAINT J01 N � � � L�;V k -1 1Z. Rlsx The Property being purchased shall be and remain at the risk of the Seller, pending completion of the sale. The Seller shall hold all Insurance policies and the proceeds thereof, In trust for the parties as their Interests may appear. In the event of damage, the Buyer may, at the Buyer's option, agree to complete the purchase with the proceeds of the Seller's unit policy. Alternatively, the Buyer may, at the Buyer's option, declare this Agreement null and void. 13, FIXTURES I CHATTELS I LEASED EQUIPMENT (a) All e4stirg flooring and floor coverings, drapery tracks, ceiling fans and fixturec, btJiit -in appliances, bathroom mirror(s), heating- ventilating -air conditioning equipment, central vacuum and accessories and all other Items secured by means of nails, screws, plumbing, wiring, ducting and related accessories which are now on the property are to be Included In the purchase price except items which are leased or rented lnctuding those specifically iisted herein in this Agreement, with the following exceptions: (b) The following chattels owned by the Seller and presently located at the Property shal I remain with the Property, to be Included in the purchase price, -and shall be conveyed to the Buyer in good working order, free and dear of encumbrances, on the date of closing: Fridge, Stove, Water Soiiener Treetmentg (x2), All Church Pews, All Stained Glass, Any and all built -in cabinetry md/oI storage shelves (c) The Seller agrees to Inform the Buyer of any leased equipment. In the case of leased equipment, the Buyer may be required to purchase the product from the lessor or assume the existing leuse. Current leased equipment h; (include lessor name below): 9 Hai water-rank: D prof: -no Tank: . -' iitolCY: 14. SURVEY ❑ Furnace / Heating System. Securkr, System; The cost of a New Brunswick Land Surveyor's Real Property Report shall be the responsibility of the Buyer. Notwithstanding the foregoing, the Seller is to supply to the Buyer or Buyer's Agent any New Brunswick Land Surveyor's Beal Property Report/ subdivision Pian / Survey Plan that mry be in the Seiler' possessio n, without warranty. 1S. TITLE SEARCR The Buyer may examine the title of the Property at the Buyer's expense and any valid objection to title which the Buyer wishes to make shall be made in writing to the Seller on or btflore the day of closing, In the event a valid objection to title is made that th a Seller Is unable or unwilling to remove prior to Closing, and which the Buyer does not walve, this Agreement becomes null and void. 15. CONVEYANCE The conveyance of the Property shall be by Transfer, Deed, or Bill of Sale drawn at the expense of the Seller, to be delivered on payment of the purchase prlee on the Closing Date. The Property Is to be conveyed free from encumbrances, except utility easements that do not materially affect the enjoyment of the Property, registered restrictions, or covenants that affect the Property, Acknowiedgementpf cmWki;m of Aege3 - Saline.., JA1SWs / Buyers 4,:611. Jr,._ ',,v4 i Pups 8 oft =..... - WE ^Fames" F,uN20t+i •' Property ciesignated as civic address: _ 1480 RED HEAD RD SAINT 1©lp (b) The Suver Q DOES or 0 DOES NOT have an Agency refationship with: Royai.T ePa�e Atisntic ,—,�_. w NWAE OF Acik7t•T icompany) as represented by Heather qsq ook "AW Of ItMtOR'(p1*w a print) (c) The Buyer and the Seller acknowledge that by signing this Agreement they have conserited to a Dual Agency relationship with: as represented by UK OF REALTOR' (p[ense prfrnt) and NAIAEOFREALMR6 {pleate print) �_. _ 20, TIME FOR ACCEPTANCE This offer shall be open for acceptance until 5 P.M. on the 16 day of DeC=b,er 2q,14 Notification of the acceptance Of this offer shall be communicated bVthe Seller's Agent to the 9uyer's Agent prior to the designated time and date or this Agreement becomes null and void. Calg,-ry Cal ,-r _ this 15 day of Docernbor 14 Sfg;> >d "d r4ei er Et In the presence of t Ilk 21. ACCEPTANCE I hereby confirm this offer was presented and accepted at i ,(�.'r p,Mn the �fl' drsr ­2r ,r 5fi�netri end dt�lserr:^l irl tltc pros re u( �.4VI7TvFi5•�-_—_.__ __ .._ SeIAEA 22. REJECTION I hereby confirm tills Offer was presented and relfected at A.M.1 P.J& the day O _ Signed and delivered in the presence of WMESS SELLFA wrrntsss � f seu>rr) acknowledgement of tarnpletion of f oqe 5 • Srllrr's in,'HSIF, `�n! I.� g fyeYS lAi #cols G.° 91 . i+eit6R rapes of 6 YPJ;aACUM' AugP1 It - AMENDMENT T3 PURCHASE AND SALE AGREEMENT 4y Approved by The New Brunswick Real Estate Association for use b members under Y x "B rEALrak An Act to Incorporate The New Brunswick Real Estate Association NW t:, 41T.Is Property: 1480 Red Head Rd Saint John E2P 1K4 seller(s): United Church of Canada Buyer(s): Charles Gow Melanie Parent It is understood and agreed between the parties that the following changes shall be made to the above mentioned Agreement of Purchase and Sale, and except for such changes noted below, all other terms and conditions in the Agreement shall remain as stated therein: INSERT: Buyer and Seller agree to extend the following conditions on purchase and sale agreement dated December 17, 2014 for the property listed above; potability water test, proof of financing and building inspection; from December 31st and January 4th respectively, to January 5, 2015. The buyer and seller agree to extend the closing date from January 30, 2015 to on or before April 11, 2015, conditional upon receiving full residential zoning approval from the City of Saint John. The buyer agrees to close on the next business day upon said residential zoning approval. The buyer agrees to exhaust all ei<%rts in order to achieve residential re- zoning approval. Should the city of Saint John refuse the residential re- zoning of the property listed above, all deposit monies will be refund in full, with no penalty, back to the buyer within a reasonable arnount of time from seller or seller's agent receiving written residential zoning refusal from the City. DELETE: Da Sig Dated at VffNESS this 29th day of December 2o14 , BUYER Slft�P`i�J BUYER this day of SELLER WfTNE55 SELLER 20 The tmdemwA3 AWTORt RULLTOea! aMthe RP -Mplava wetoa&nWhp►br 04ad7.Fea1 EaMeA— dO2ra,ICAOand /deayhmnt aearxonels Wm we bM 4f torso. used Mvdrrg�ME ft.*_b Reis; M4tWe UW, SeMx•mddA aasoWeedlovas are asxaed6y TRe[ adf RedEgeiagpwjwfaa ICON aadldent[ryr Nre VnaiflYq/rnrfoefPa�aRfed by sa lestatepwTivlanak Whoa M"'bMgc1EA page I Of I ram H& R- "d -. Afttft0to 92 WEBForms1m OCV2D12 AMEWMERT TO PUnCHASE AND a�ALE kGREEMEWT 1XV: Approved byThe New eninswick p&aj Estate Association for use by members Ll"dar An Act to Tricarpeate The New BrunwA& Real Emtg Associgoon ArA5,qC #9 eye hex Property: 1480 Red Head Rd, Saint John E2P 1K4 SePeris); United Church o f- Canada ouyer(s� Cbarlm Gow Melmliopa=t It is und&,stwd and agreed betwum the parties that the feglawing changes shelf 6-2 made to the above mentioned Agreement of PurrMse and Solo, and except for such changes noted belcm, all other terms And conditions hi the Agreement shall mmaln as stated therein: IMSERr: As a result of the WWing imqmgfion, the buyer W seller agree W reduce the purchwe price ftorAMMUM to the new purchase price of DIELEM The buyer agrees to wWve the insurance claw in the purchase and SateAgmement dated Decculber 17th, 2014- Rated Sit —Cal - ry this 31st day of Decaniber 2q 1_4 t �" — ed �dq, i r�in the presence of < ;7V w SIUM wrrMESS 9LIM. dairof 6-Asa=(AM'� LA -W wnaess sEasR IN 00hWaft PAAVFW, XLVFOW, WWO*PMUMMI)W M,vpWW7,djw nrgwr.:w r.Wz*U*AWdWI"MWWW IV . Lft w-kwwO".dMw- P"Cloji Fw m A44murnpow WEBFOMWwCdW2 93 Aztech Lab Inc. 1 Plcasani Avc„ Quispamsis, Ni, ME IA7 Pb: 506 -V 9 -339(f Fcx: 506-84,0-3219 www.aztech- lab.com Attention: Feather Csepcho Client Mame: rharies Gow Sartip a Taken By: Grant I.-i sp cpmbe iple Submitted ,'22 : I G ,-ant Linscombe FE TIFtCATE Off. ANALYSIS 4, Vp rope: Location: 1480 Re6 Dead Pate Sample: 12130121114 Saint John, P.M. Date F)ubmitted: 12/3G/201P; 0 Da +e Tssted: 12/30/201 Procedure Used: 0M'i' W41 ErW E3407 Membrpne K -3tion (Vq Agar) Parameter Level Wtected '[;FU / 100 ml) Govern nont Guideline T otal C:,ilfonms 0 0 GFU/ 100 mi (fOAC) E. Coh 0 C C`-U/ 100 ml ( A.1%) For parameter examined, this sample meets the guideline,; for drinking watt,- as set by the province of i•iew Brunswick. ;psuks refer to this szmp!e oni;. AI.- sa:nM8_4 are tested as received. CFU — Wony �ormi ,,g Units MAC — Maxinnum AccepLtble Concentraticn Ti-''i C — Too .-urrerous . o Cent i+!O — P'ot D&Pcied Validated uy: PP. G',ant I_ipscomha, B. Se. Aztech Labora:ary Ltc., 2uisparnsis, AB is accreditu3 1,,y the Canaeian A oefi tion acr Laboratory Accreditation Ltd. (CA' 72.) in acct ;dance -with the recoa ized intematiom] standrrds WAF.0 17025 :2003. This - rcreditation demonsxates technical competence for Toth Coliform and E.aoH dme.tion in drinking water. This document is intended only for the use of the mdi ridual to w4om it is;eddr.ss.t: and contains info mrIon Ahi h is con5d- ittial. Confidentiality and privilege am not foist Rua io this information having been isont to the wrong person. If you are no the iutcuded recipient ptcaw notifjrua by telephraie (1 -506- 849 -3300) o: return ta:.. i 1- 506 -949- 3219). Any &4- ibution by at unintended recipient is prohibited Revision 050411 E BY -LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR) - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: KPIMMOM ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2025 metres carres, situee au 1480, chemin Red Head, et portant le NID 00340422, de zone d'installations communautaires de quartier a zone residentielle rurale (RR) - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2015, aiec les signatures suivantes : Common C1erklGreffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading Troisieme lecture 95 Presentation to Planning advisory Committee February 17, 2015 Jody Kli fer, Growth and Community Development Services ., To construct an approximate 1,3$7 square metre equestrian facility for up to eight horses to be used as a therapeutic riding facility for disabled children and young adults. Existing Site Conditions Proposed Development Y Growth and Community Development Services February 17, 2015 S1TNT JOHN 97 Site Plan Floor Plan 1 36-0 HL?IG �•w 1 3' 12-0 j. —..... 37.0 140 13.0 loo WW PRELIMINARY FLOOR PLAN 1 T nas i AIMI S1 Kent Grass Growth and Community Development Services February 17, 2015 SAINT JOHN •: • The lot is located in east Saint John near the intersection of Red plead Road and Anthony's Cove Road. This area of the City is characterised by single - family dwellings on large rural lots, including the subject site, which is approximately 3.25 hectares • The lot has had horses on it for recreational purposes since the 1950s. • Proposed "Dural" (DU) zone is compatible with properties in the surrounding area. Growth and Community Development Services February 17, 2015 (25 SAINT JOHN We Growth and Community Development Services 100 February 17, 2015 SAINT JORN Desimated Rural Resident This area of the City is located in the Rural Residential land use designation.. The Plan recognises the importance of preserving land uses that reflect the existing rural character of the City's outlying neighbourhoods. zI)v Growth and Community Development Services February 17, 2015 QV SAINT JOHN 101 Public Notification 23 letters sent to landowners in vicinity of site — Advertisement in Telegraph Journal — Thursday February 572015 5 written comment received: One against and five in favour of the application Growth and Community Development Services February 17, 2015 SAINT JOHN - -- 102 That the Planning Advisory .Committee approve the foliowing variances from the re uirements of the Zoning Bylaw that would: • Reduce the required side yard setback to approximately 11.28 metres, whereas the Zoning Bylaw requires a minimum of 15 metres; • Reduce the required lot frontage to approximately 75 metres for proposed Lot 14 -02, whereas the Zoning Bylaw requires a minimum frontage of 120 metres; • Reduce the required minimum lot area in the Rural (RU) zone to approximately 02,500 square metres, whereas the Zoning Bylaw requires a minimum of 40,000 square metres; and, Reduced the minimum required number of off-street parking spaces to 24, whereas the Zoning Bylaw requires a minimum of 28. Growth and Community Development Services February 17, 2015 SAINT JOHN 103 That Common Council: 1.That Common Council rezone a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1890 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, from Rural Residential (RR) to Rural (RU). 2.That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, be subject to the following conditions: That the use of the property be restricted to the proposed equestrian facility with a maximum of eight horses. Growth and Community Development Services February 17, 2015 P-Eol SAINT JOHN 104 Planning Advisory Committee February 19, 2015 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Rezoning Application 1680 -1690 Red Head Road r City of Saint john On February 2, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 17, 2015 meeting. Mark Guest, of Hughes Surveys and Consultants, representing the applicant, appeared before the Committee and spoke in favour of staff recommendation. Mr. Guest stated that the applicant has taken considerable measures to mitigate any potentially negative impacts the proposed development may have on the surrounding community. Mr. Guest explained that the proposed equestrian facility is very modern in its design. Kemal Debly, a resident of the neighbourhood, appeared before the Committee and spoke in favour of the proposed development. Mr. Debly stated that he and his family have lived directly across from the subject site for 19 years, and have never noticed any offensive odours resulting from the horses that have been on the subject property for many years. Mr. Debly added that establishing the "Shining Horizon" charity in the City of Saint John would be an asset to the community. Eric Daley, of 110 Wyatt Crescent, appeared before the Committee and explained that he has an autistic child who currently uses the "Shining Horizon Therapeutic Riding" facility in Hampton. Mr. Daley stated that the facility has provided positive results for his son, and that he would look forward to using a similar equestrian facility in the City. David Ryan, a Board member of the "Shining Horizon Therapeutic Riding Association ", appeared before the Committee and spoke in favour of the application. Mr. O'Brien stated that the proposed facility would be a huge benefit to the City. Donald Cullinan, of 166 Anthony's Cove Road, appeared before the Committee and spoke in favour of the application. 105 -2- Lori Williams, the neighbour adjacent to the subject site at 1700 Red Head Road, appeared before the Committee and spoke against the proposed rezoning. Ms. Williams stated that she and her husband would never have chosen to live in their current location if there had been an equestrian facility next door. Ms. Williams explained that there are several "equestrian events" that could take place on the lot if the rezoning application were approved, which could negatively impact her quality of life. In addition, Ms. Williams expressed concern regarding the size of the proposed equestrian facility and the associated parking area, which would be close to her property. Finally, Ms. Williams expressed a concern regarding the potential for bad odours emanating from an equestrian facility. Mr. Guest returned to the podium and stated that the parking area was chosen in effort to minimise the impact on the property. Mr. Guest explained that the proposed variance to reduce the minimum number of off - street parking spaces to 24 would still be much more parking than the operations of the equestrian facility would need. The applicant was trying to provide enough parking spaces to at least approximate the number required by the Zoning By -law, but would have preferred to have a smaller parking area. The Committee asked Mr. Guest about the nature of the events that would take place at the proposed facility. Mr. Guest invited the applicant's husband, Kent Grass, to approach the podium and elaborate on the operations of the equestrian facility. Mr. Grass appeared before the Committee and stated that the operations would be only for the Shining Horizons facility, and that no other horses would be brought to the site for events. Mr. Grass also explained that the compost system for horse manure that he is proposing to install is based on the Ontario standards for small and medium -sized horse farms, and no similar standards exist in New Brunswick. The Committee asked staff if requiring fencing or trees as a screening mechanism was considered as a potential condition for approval. Staff commented that it did not seem necessary, but the Committee could recommend such a condition if they felt that it was suitable. Mr. Grass expressed a concern with the regards to the requirement that the parking area be paved. Mr. Grass explained that this could be quite hazardous for the horses as they are fitted with steel shoes, which could cause them to slip on the asphalt. Mr. Grass requested that the Committee consider varying this By -law standard to allow the majority of the parking area to be surfaced with gravel. After considering the report, the letters received, the comments made by those appearing before the Committee, the Committee approved the following variances that would: 106 -3- • Reduce the required side yard setback to approximately 11.28 metres, whereas the Zoning Bylaw requires a minimum of 15 metres; • Reduce the required lot frontage to approximately 75 metres for proposed Lot 14 -02, whereas the Zoning Bylaw requires a minimum frontage of 120 metres; • Reduce the required minimum lot area in the Rural (RU) zone to approximately 32,500 square metres, whereas the Zoning Bylaw requires a minimum of 40,000 square metres; • Reduced the minimum required number of off - street parking spaces to 24, whereas the Zoning Bylaw requires a minimum of 28; and, • Require the proposed parking area to contain a gravel surface, with the exception of the barrier -free parking spaces. The Committee also recommended approval of the rezoning of the property, subject to the condition identified below. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, from Rural Residential (RR) to Rural (RU). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, be subject to the following conditions: a) That the use of the property be restricted to an equestrian facility with a maximum of eight horses. Respectfully submitted, Eric Falkjar Chair JK Project No. 14 -573 107 s r t P' Date: To: From: SUBJECT Applicant: Owner: Location: Existing Designation: Existing Zoning: February 13, 2015 Planning Advisory Committee Community Planning and Development Growth and Community Development Stacey Hope Stacey Hope 1680 -1690 Red Head Road Rural Residential Existing: RR (Rural Residential) Proposed: RU (Rural) Application Type: Rezoning and Variances that would: • Reduce the required side yard setback to approximately 11.28 metres, whereas the Zoning Bylaw requires a minimum of 15 metres; • Reduce the required lot frontage to approximately 75 metres for proposed Lot 14 -02, whereas the Zoning Bylaw requires a minimum frontage of 120 metres; • Reduce the required minimum lot area in the Rural (RU) zone to approximately 32,500 square metres, whereas the Zoning Bylaw requires a minimum of 40,000 square metres; and, • Reduced the minimum required number of off - street parking spaces to 24, whereas the Zoning Bylaw requires a minimum of 28. Applicant: Stacey Hope I Location: 1680 -1690 Red Head Road Page 11 108 Power of Committee: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, March 2, 2015. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. SUMMARY The applicant is seeking to rezone the subject property from Rural Residential (RR) to Rural (RU) in order to facilitate the establishment of an "equestrian facility ". The proposed equestrian facility would contain a maximum of eight horses. The proposed equestrian facility, if approved, would be used by the non - profit organisation, "Shining Horizon Therapeutic Riding Association ", as part of their programming that offers horse riding sessions for physically and mentally disabled children and young adults. The applicant has indicated that riding horses and equine - assisted activities provide a wide range of long -term benefits for the riders, including muscle - strengthening, posture control, cardiovascular conditioning, among others. The development of the proposed facility would result in the need for the above - mentioned variances, all of which are considered minor in nature and would have no negative impact on the surrounding community. The Red Head area of the City is characterised by land uses that are common in rural areas of the City. The lots are generally large and typically contain low density residential units, resource extractive activities, or agricultural uses. The keeping horses is in keeping with the spirit of these rural areas; furthermore, horses have been kept on the subject site since the 1950s. For these reasons, staff are recommending approval for the proposed rezoning, subject to a Section 39 condition that limits the use of the property to the proposal. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, from Rural Residential (RR) to Rural (RU). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.25 hectares, located at 1680 -1690 Applicant: Stacey Hope I Location: 1680 -1690 Red H,- d Road Page 12 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, be subject to the following conditions: a) That the use of the property be restricted to an equestrian facility with a maximum of eight horses. 3. That the Planning Advisory Committee approve the following variances from the requirements of the Zoning Bylaw that would: • Reduce the required side yard setback to approximately 11.28 metres, whereas the Zoning Bylaw requires a minimum of 15 metres; • Reduce the required lot frontage to approximately 75 metres for proposed Lot 14 -02, whereas the Zoning Bylaw requires a minimum frontage of 120 metres; • Reduce the required minimum lot area in the Rural (RU) zone to approximately 32,500 square metres, whereas the Zoning Bylaw requires a minimum of 40,000 square metres; and, • Reduce the required minimum number of off - street parking spaces to 24, whereas the Zoning Bylaw requires a minimum of 28. DECISION HISTORY In June, 2014 an application to reinstate the keeping of horses as a non - conforming use on the subject site was approved by the Planning Advisory Committee. Horses had been kept on the subject property from 1957 to 2010, after which the last horse on the property died and the owner moved. In 2014, the owner was in the process of selling the property and wanted to reinstate the keeping of horses. ANALYSIS Site and Surrounding Area The subject site is located on Red Head Road near the intersection with Anthony's Cove Road in the Red Head area of the City. This area of the City is characterised by single - family dwellings on large rural lots. Houses in the surrounding neighbourhood were predominantly constructed in the 1950s and 1960s, including the subject dwelling which, according to Service New Brunswick data, was constructed in 1956. The neighbourhood also includes several dwellings that were constructed at the turn of the last Century. The applicant owns three separate but not contiguous parcels that together equal approximately 60,700 square metres in area, and approximately 190 metres of combined lot frontage. The majority of the property is forested with trails meandering through the rear of the property to the shore of Anthony's Cove. The front yard of the property abutting Red Head Road has three large paddocks enclosed with a wooden fence, and a horse stable. Applicant: Stacey Hope I Location: 1680 -1690 Red 1 ��d Road Page 13 Proposal Stacey Hope, the applicant, and her partner are seeking to rezone a portion of the property from Rural Residential (RR) to Rural (RU) to facilitate the establishment of an "equestrian facility" among the permitted uses in the zone. The proposed equestrian facility, if approved, would be used by the non - profit organisation, "Shining Horizon Therapeutic Riding Association ", as part of their programming that offers horse riding sessions for physically and mentally disabled children and young adults. The applicant has indicated that riding horses and equine - assisted activities provide a wide range of long -term benefits for the riders, including muscle - strengthening, posture control, cardiovascular conditioning, among others. Municipal Plan This area of the City is located in the Rural Residential land use designation. The Plan recognises the importance of preserving land uses that reflect the existing rural character of the City's outlying neighbourhoods. Zoning The proposed facility has a total floor area of approximately 1,387 square metres, which includes the riding arena, horse stalls, horse tacking area, a storage room and a washroom (see attached site plan). The proposed redevelopment of the site also includes a large parking area in front of the building and a manure storage area to the rear of the building. The proposed parking area illustrates 24 parking spaces; however, the Zoning Bylaw requires a minimum of 28 off - street parking spaces, based on the floor area of the building. In addition to the rezoning, the applicant is proposing to subdivide and consolidate the existing three parcels into two adjacent lots (14 -01 and 14 -02, as illustrated on the attached site plan). Proposed Lot 14 -02 is subject to the current rezoning application, while proposed Lot 14 -01, if approved, would contain the existing residence and retain its current RR zone. The applicant is proposing that the existing driveway be a shared access to both the residence and the equestrian facility, and would be located on Lot 14 -02. In addition to the above - mentioned parking variance, approval for the creation of proposed Lot 14 -02 would require the following variances from the standards set out in the City's Zoning Bylaw: • Reduce the required side yard setback to approximately 11.28 metres, whereas the Zoning Bylaw requires a minimum of 15 metres; • Reduce the required lot frontage to approximately 75 metres for proposed Lot 14- 02, whereas the Zoning Bylaw requires a minimum frontage of 120 metres; • Reduce the required minimum lot area in the Rural (RU) zone to approximately 32,500 square metres, whereas the Zoning Bylaw requires a minimum of 40,000 square metres. Applicant: Stacey Hope I Location: 1680 -1690 Red Hea 1d Road Page 14 Discussion The keeping of large domestic animals, such as horses, is a feature commonly permitted in rural settings where land is abundant and ample separation distances exist between neighbouring properties. Although the property is currently located in a rural residential zone, the natural and built environments of this area of the City reflect a rural character. Horses have been kept on the subject lot since the 1950s with no records of any complaints made by the surrounding community or problems identified by staff. The current proposal would increase the number of horses permitted from four to a maximum of eight. The increased number of horses is required to meet the needs of the clientele that the applicant anticipates from the Saint John region. The submitted site plan illustrates a storage area for manure located to the rear of the proposed equestrian facility, which would be used to compost the manure generated from the horses. The type of manure compost system proposed by the applicant is in keeping with the Ontario standards for manure disposal', which promotes higher standards of environmental responsibility (see attached report). Infrastructure Development has indicated that no parking shall occur on Red Head Road. It is not anticipated that the demand for parking will exceed the proposed 24 spaces (see attached site plan). The standards for parking for an equestrian facility are based on the assumption that a portion of the operations of a typical equestrian facility would include a public show of some nature. However, the current proposal is to establish an equestrian facility for a charitable organisation specifically dedicated to helping children with physical or mental disabilities. It is anticipated that only the close family and friends of the children using the equestrian facility would be visiting the property. The applicant has indicated that she does not expect more than 14 cars to be on the property at any time, and most likely much fewer will be there on a regular basis. The size of proposed Lot 14 -02 and its frontage are both below the requirements of the Zoning Bylaw for the proposed RU zoning of the lot. However, the applicant is proposing to combine the existing three lots into two large separate lots, which is effectively improving the existing circumstances. For this reason, staff can support the requested variances. Staff recommend approval of the proposed rezoning and the requested variances as they relate to the establishment of an equestrian facility. Staff recommend that the rezoning be subject to the Section 39 condition that limits the use of the property to an equestrian facility with a maximum of eight horses. Conclusion The subject property has had horses since the 1950s with no record of complaints or problems associated with the keeping of these animals. The applicant is seeking to establish an equestrian facility to keep up to a maximum of eight horses with the intention ' The N.B. Department of Agriculture, Aguculture and Fisheries has indicated that there are no standards for manure disposal for a property containing only eight horses. Applicant: Stacey Hope I Location: 1680 -1690 Red 1 1 ad Road Page 15 of using the facility has a charitable operation geared toward helping children with physical and mental disabilities. The subject area of the City is characterised by a rural environment, which is more suitable for the keeping of large animals such as horses. The variances requested to facilitate the establishment of the proposed facility will not have a negative impact on the surrounding community, and can be supported by staff. Staff recommend approval for the proposed rezoning, subject to a Section 39 condition that limits the number of horses to eight. ALTERNATIVES AND OTHER CONSIDERATIONS The recommendation includes a Section 39 condition that would limit the number of horses being kept on the property to a maximum of eight, as proposed by the applicant. If there are concerns with the nuisance impact resulting from the proposed manure storage facility, the Committee may also wish to recommend an additional condition that the applicant's proposal to follow the most current "Manure Storages for Small- to Medium - Size Horse Farms" guideline published by the Ontario Ministry of Agriculture, Food and Rural Affairs be required. An appropriate wording for such a condition would be as follows: b. That the handling of manure must be carried out in accordance with the most current standards set out in the "Manure Storages for Small- to Medium -Size Horse Farms" guideline published by the Ontario Ministry of Agriculture, Food and Rural Affairs. ENGAGEMENT Public - In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject site on February 3, 2015. The Public Hearing for the Rezoning was advertised in the Telegraph journal on Thursday February 5, 2015. Applicant: Stacey Hope I Location: 1680 -1690 Red N,pad Road Page 16 SIGNATURES AND CONTACT Prepared by: d e , CIP, RPP Planner Contact: Jody Kliffer Tel: (506)632 -6846 Fax: (506)658 -2837 E -mail: jody.kliffer @saintjohn.ca Project: 14 -573 Approved by: St cey Fo , MCIP, RPP Deputy mmiissioner, Community Planning and Enrichment Applicant: Stacey Hope I Location: 1680 -1690 Red Wad Road Page 17 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Rendering Applicant: Stacey Hope I Location: 1680 -1690 Red Head Road page 18 ryry cy ° �ni!■ p 3 - Zoning 1680 -1690 Red Head Road Date: February 3, 2015 Thr City of Saint pohn 9 � - RIP LIM FIIlJ NU I . I 'PQ "Pits andOuarries '%td "flee family Puiat sesidetitiat BB a RU RB e♦ .i ;♦ N R_•t " yy FIIlJ NU I . I 'PQ "Pits andOuarries '%td "flee family Puiat sesidetitiat BB a RU RB e♦ .i r � X51 Site Photography 1680 -1690 Red Head Road Date: February 3, 2015 ThgCi[vp(Saint John Photo 1:Driveway and House Photo 2: Property from Red Head Road Photo 3: Proposed Site for Equestrian Facility Photo 4: Red Head Road 121 -imam -, -- R0 °d Red Ne�d2t \ U \ 2 N 4 0 \ �Na L oG N « E7�� p n � � � o ion rt`- \5JMQ \iscr is \�ao r�oz��t - U r + c tg c c'00Z C J Q U N 0 = N N of U E + O O a N a O1 1p � N a N 6 a � E� a � 122 a N m a N \ \ \ a N \\1 C) N ° O ----------------------------------------------- 0 N 123 - - -` -------------------------- C? N Q Z ^- ] Q 11 u�l + X C7 N � W Z - O ^ . O --- ----- ----- - - - --- N O O O N' x _x O r °� i CD } a 0 N 123 Renderings of Proposed Equestrian Facility Figure 1: Angled View from Red Head Road l CD Figure 2: Aerial View 11 U k,,kF&w4A 11 11 IM III ►1 M Figure 3: Front View from Red Head Road 124 Manure Storages for Smalk to Medium -Size Horse Farms Fact I. INTRODUCTION There are an estimated 325,000 horses on about 53,000 Ontario farms — an average of six horses per farm. Many horse owners do not consider- the need to handle and store their manure and often view it as a waste and nuisance rather than a resource_ They are afraid of introducing, or recycling, intestinal parasites and /or weed seeds by applying the manure on their pastures — a valid concern, since many horse owners pile their manure without encouraging the proper composting that would kill parasites and seeds. Im- properly handled horse manure can also affect the quality of surface water and groundwater because it contains phosphorus, nitrogen and pathogens, just like other livestock manures (Figure 1). ti .; Figure 1. Brown water running off horse manure piles should be contained in storage so it won't reach surface water or groundwater. The ideal horse manure storage should be simple yet effective, labour efficient and cost - effective. It should prevent contamination of surface water and ground- water, encourage proper composting and make the manure more useful for crop production. This Fact - sheet will help you understand the need for correct H.W. Fraser ORDER NO. 07 -045 AGDEX 743/460 AUGUST 2007 horse manure storage and explain how to construct an ideal horse manure storage for up to 10 horses. DO THESE PROBLEMS SOUND FAMILIAR? If you agree with some, or all, of the following state- ments about manure at your horse farm, consider constructing a manure storage: • I think horse manure is more environmentally friendly than other manure types. • I've heard about new "manure rules" in Ontario but I have no idea if they apply to me. • I see juices running away from my horse manure. I see flies and smell odours around it. I'm concerned about parasites and /or weed seeds, so I don't spread manure, and my pile is growing. • The manure broker I hire to truck my manure has to "chase" it around the yard in order to pick it up. • It is really tricky transporting my manure by wheelbarrow from the horse barn to the pile. • I want to do my part to protect water quality, but I've heard constructing storages is expensive. Let's look at how to address some of these issues with the construction of your ideal horse manure storage. IS HORSE MANURE ENVIRONMENTALLY FRIENDLY? NMAN is a software tool that helps farmers determine suitable nutrient application rates for current and fu- ture crops. The database contained in NMAN, a soft- ware program produced by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), in- ventories the manure nutrient contents of many kinds of Ontario livestock manures collected over the years. At writing, there arc almost 1,100 dairy manure sam- ples in the NMAN database, but only 40 samples of Ontario horse manure, even though there are almost as many horses in Ontario as dairy cows. 125 Table 1. Horse manure characteristics from the NMAN database, MSTOR program and NMA 2002 Nutrient Management Protocol (range of analyses based on as- is,or wet basis, for 40 samples, May 2007). NMAN's companion software program MSTOR uses information about livestock manure volume produc- tion to determine how much manure needs to be stored, based on the type and size of production sys- tem. Table 1 shows made -in- Ontario information about horses"'. A 450 -kg (1,000 -1b) horse produces about 2.0 tonnes (2.2 tons) of manure /year, includ- ing bedding. So, the average farm with six horses would produce a manure pile every year that would completely fill a large room, 6 m x 6 m x 2.4 m high (20 ft x 20 ft x 8 ft). Imagine how large a manure pile 325,000 horses would create! The nutrient content of horse manure is comparable to beef manure containing bedding. Horse manure contains pathogens like other manures. So, nutrients and pathogens contained in runoff from horse manure piles could cause environmental issues if allowed to flow to surface waters via ditches or tile drains, or to groundwater via shallow bedrock or coarse soils under a manure pile. 2 NEW RULES FOR MANURE IN ONTARIO There are new rules about the storage and handling of livestock manure in the Nutrient Management Act, 2002 (NMA), and Ontario Regulation 267/03. See the OMAFRA website at www.ontario.ca/omafra or call the Nutrient Management Information Line at 1- 866 -242 -4460. The free publications listed below are available at any OMAFRA office and can be ordered through the OMAFRA website. Click on English, then the Nutri- ent Management button, then Livestock Sources. Publication 827, A Small Horse Farm Example: Your livestock operation under the NMA, 2002 Publication 830, A Riding Stable Example: Your livestock operation under the NMA, 2002 You fall under NMA rules if: You currently have 300, or more, medium -sized horses housed simultaneously on your "farm unit" (uncommonly large horse farm by Ontario standards), or You're applying for a building permit to build a new horse barn or manure storage OR expand an existing horse barn or manure storage AND you will have more than 5 NU (e.g., 6 or more medium - sized horses) when the project is complete. Check with your municipality to determine if a build- ing permit is required for your manure storage. Typi- cally, permits are required for structures with high walls, roofs or specialized construction needs due to structural concerns (Figure 2). Figure 2. This Canada Plan Service (CPS- 10383) manure storage (available at www.cps.gov.on.ca) requires a building permit since it has important structural requirements. 126 One Adult Morse Weight (medium -sized horse) 454 kg (1,000 lb) Nutrient units under the Nutrient 1 nutrient unit (1 NU) Management Act Volume of solid manure & bedding 0.04 m' produced per day (1.42 ft') Volume of solid manure & bedding 14.7 m' produced per year (519 ft) % dry matter 23 % -63% (36% average) % N (nitrogen) 0.22 % -0.9% (0.5% average) %o P (phosphorus) 0.05 % -0.4% (0.15% average) %o K (potassium) 0.1 %-1.0% (0.4% average) NH4 -N (ppm) (fresher manure has 10 -2,800 a higher level) (637 average) Carbon /nitrogen (C:N) ratio 12:1 to 63:1 (30:1 average) Organic matter 19%-62% (26% average) Typical beddings used Shavings, peat, sawdust, straw NMAN's companion software program MSTOR uses information about livestock manure volume produc- tion to determine how much manure needs to be stored, based on the type and size of production sys- tem. Table 1 shows made -in- Ontario information about horses"'. A 450 -kg (1,000 -1b) horse produces about 2.0 tonnes (2.2 tons) of manure /year, includ- ing bedding. So, the average farm with six horses would produce a manure pile every year that would completely fill a large room, 6 m x 6 m x 2.4 m high (20 ft x 20 ft x 8 ft). Imagine how large a manure pile 325,000 horses would create! The nutrient content of horse manure is comparable to beef manure containing bedding. Horse manure contains pathogens like other manures. So, nutrients and pathogens contained in runoff from horse manure piles could cause environmental issues if allowed to flow to surface waters via ditches or tile drains, or to groundwater via shallow bedrock or coarse soils under a manure pile. 2 NEW RULES FOR MANURE IN ONTARIO There are new rules about the storage and handling of livestock manure in the Nutrient Management Act, 2002 (NMA), and Ontario Regulation 267/03. See the OMAFRA website at www.ontario.ca/omafra or call the Nutrient Management Information Line at 1- 866 -242 -4460. The free publications listed below are available at any OMAFRA office and can be ordered through the OMAFRA website. Click on English, then the Nutri- ent Management button, then Livestock Sources. Publication 827, A Small Horse Farm Example: Your livestock operation under the NMA, 2002 Publication 830, A Riding Stable Example: Your livestock operation under the NMA, 2002 You fall under NMA rules if: You currently have 300, or more, medium -sized horses housed simultaneously on your "farm unit" (uncommonly large horse farm by Ontario standards), or You're applying for a building permit to build a new horse barn or manure storage OR expand an existing horse barn or manure storage AND you will have more than 5 NU (e.g., 6 or more medium - sized horses) when the project is complete. Check with your municipality to determine if a build- ing permit is required for your manure storage. Typi- cally, permits are required for structures with high walls, roofs or specialized construction needs due to structural concerns (Figure 2). Figure 2. This Canada Plan Service (CPS- 10383) manure storage (available at www.cps.gov.on.ca) requires a building permit since it has important structural requirements. 126 The need for engineered design of the small horse manure storages described in this Factsheet is waived if these storages meet all the following criteria: volumes less than 600 M 3 (21,189 ft-) floor areas less than 600 M 2 (6458 h2 ) wall heights 1 m (3.25 ft) or less. (Note: walls must be I m or less, but the manure can be stored as deep as is practical). There are siting restrictions for storages phased -in under the NMA, but it also is a best management practice to meet, or exceed, these minimum setbacks: • 15 m (50 ft) away from any field tile drains 15 m (50 ft) away from a drilled well • 100 m (328 ft) away from a municipal well 30 m (100 ft) away from any other wells 50 in (164 ft) flowpath away from surface waters or tile inlets such as catch- basins HOW CAN STORAGE STOP ODOURS, FLIES OR RUNOFF? There is no guarantee a storage will stop all odours, flies or runoff from manure, but one can help. Odours are produced from manure when conditions in the pile, such as very wet, tightly packed manure, are allowed to become anaerobic— decomposing in the absence of oxygen. Aerobic conditions (when oxy- gen is present) produce fewer bad odours. Conditions in a pile of manure behind your barn might be aero- bic near the top of the pile where water drains away from it, but anaerobic at the lower edges of the pile where the runoff water remains. Ontario research demonstrated that runoff occurs from the sloped sides of a pile of manure'). The larger the pile footprint, the more perimeter with sloped sides it has and the more runoff it produces (Fig- ure 3). Creating a deeper pile using walls to create more vertical sides promotes the soaking -in of rainfall, reducing runoff while making the pile's moisture con- tent more uniform. Flies need food, moisture, optimum temperatures and a place to hide in order to breed and proliferate. The conditions arc perfect for this inside a damp manure pile. If the pile is dry, flies are kept to a minimum. •A �- Figure 3. Horse manure placed directly on the soil creates large, shallow piles, which collect rainfall. The contaminated water sits at the pile base, generating odours and establishing a breeding spot for flies. WON'T SPREADING MANURE ON MY PASTURE RESULT IN PARASITES AND WEEDS? If your horse manure is encouraged to properly com- post, temperatures in the pile will reach levels high enough to kill parasites, weed seeds and even fly lar- vae_ Ideally, maintain a core temperature in the ma- nure pile of 55 °C (I 31'F) for 15 days. During composting, micro - organisms, such as bacteria and fungi, break down organic material into a stable, dark brown, soil -like material. This process requires a proper balance of carbon, nitrogen, oxygen, moisture and temperature. Horse manure composts naturally with the mixture of carbon in the bedding, nitrogen in the manure and oxygen, as it is bulky. The ideal carbon to nitrogen (C:N) ratio is from 25:1 to 35:1, and ideal dry matter content is 40% to 60% (much like a damp sponge after the water is wrung out). The C:N ratio and dry matter content can only be known by lab analysis, however, Table I shows that most horse manures are close to the ideal ranges. Heat is produced during composting, but the process slows if the air is too cold. Manure storage assists composting since the piles are more compact, especially with walls to help retain heat in winter. Walls promote uniform soaking -in of rain- fall, which encourages composting. Periodic turning of the pile, where possible, introduces oxygen. This stimulates biological activity, speeds composting and raises pile temperatures. Turning is easier in a pile with a concrete floor and walls. 127 Figure 4. Horse manure on this farm is removed by a broker using large equipment and a large truck, so it is important to leave lots of room for manoeuvring. WHY BUILD A STORAGE IF I GET A MANURE BROKER TO TAKE ALL MY MANURE AWAY? Many horse farmers pay manure brokers to take their manure because they do not have any use for it in crop production (Figure 4). The fee is based on how difficult it is to remove the manure, how many trips are needed, and who is willing to take and use the manure. Some horse farmers get local cash croppers to remove and use their manure. In either case, storage helps reduce removal costs and make horse manure more attractive for others to use since it: • densifies the manure — since horse manure is so light and bulky, it isn't cost - effective to transport. • helps retain nutrients, making the manure more useful for crop production. makes manure removal easier, in any weather, particularly if there is a concrete floor and walls. makes it easier to estimate volumes for transport. HOW CAN I MAKE IT EASIER TO GET MANURE FROM THE HORSE BARN INTO THE STORAGE? Most horse farmers use wheelbarrows to move manure from the stalls to storage. If the path is wet, bumpy or narrow, the resulting pile of manure ends up very large and too shallow 0 m deep, or less) as in Fig- ure 3. The key is to reduce the distance you have to manoeuvre over the surface of the manure and find ways to elevate the manure more easily. You could in- stall a fixed -in -place stable cleaner to elevate the ma- nure, but this is expensive. 4 128 Flowpath to nearest surface water__ _ --length in . VP Figure 5. Backfill against the outside walls extending near the top can double as a wheelbarrow ramp, if the slope is not too great. Here are some ideas to consider: • Construct the storage so there is access from all sides at an elevated level using soil backfilled against the outside of the walls (Figure 5). • Construct the storage into the side of a hill that is below the level of the barn (Figure 6). • Purchase a simple portable belt conveyor that moves manure some distance and to higher levels in the storage (Figure 7). A, Figure 6. Storage in the side of a hill makes it easy to dump wheelbarrows. Install safety stops at the top edge. Figure 7. Belt conveyors are expensive but will save lots of labour and storage costs by making it easier to stack manure higher and in all areas of the storage. I WANT TO HELP PROTECT THE ENVIRONMENT, OUT AREN'T STORAGES EXPENSIVE? Storages do cost money, but costs vary depending on how elaborate you want the walls, floor or roof There are several things to think about as you ponder whether or not to construct walls, floor or a roof. Cam/ -gym - 6.1 m --�► Overhead view of manure storage with walls (6.1 mX7.3m) 15 cm uncovered at front Cross- section of storage with walls Walls versus no walls? Some might wonder why storage walls are needed. Horse manure stacks well naturally because of the bedding in it, with side slopes about 30° — a 3 -m vertical rise to a 5 -m horizontal spread. However, runoff occurs from the sloped sides of the piles, whereas walls make the manure stack deeper, reducing runoff, as the walls force rainfall to soak into the pile. All things being equal, for two piles of manure with equal volume and height, one with walls requires less floor area than one without walls (Figure 8). A pile without walls is difficult to shape to exactly fit a rectangular- shaped concrete pad — the most practical shape of pad to construct because of forming issues. Table 2, on page 6, compares piles with equal vol- umes and heights in storage with and without walls. The storage without walls assumes the pile is shaped like a cone stored on a square floor. Both storages ex- tend 15 cm (6 in.) beyond the pile to help keep ma- nure on the pad. Walls give something to push against, save cleanout rime and help retain heat to promote composting. erhead view of inure pile without lis (8.6 m diameter) cm uncovered, ere edge of pure pile is closest =dge of pad. Cross- section of 2 5 m manure pile with no walls Figure 8. The pile without walls has more floor, uses almost as much concrete and has more exposed side surface area producing runoff. 5 129 Figure 9. This 3 m x 6 m x 1 m high (10 ft x 20 ft x 3.25 ft) horse manure storage has reinforced concrete walls, making it easy to push against with a loader. The material used to construct the walls is a matter of choice, function, longevity and cost. Reinforced concrete (Figure 9) is durable and will withstand the abuse of weather, manure juices and pushing from the manure and equipment. Concrete blocks (Figure 10) are inexpensive but do not fit per- fectly together and are difficult to manoeuvre. Wood walls (Figure 2) must be designed to withstand ma- nure pressures and be made of pressure - treated wood. Table 2. Comparing storages with /without walls. 30° side slopes, 13 -cm (5 -in.) thick floor; 20 -cm (8 -in.) thick walls; 1 -m (3.25 -ft) high walls-, 20 -cm (8 -in.) footings. 6 i S � N *Ir I Figure 10. The0.6mx1.2mx1.2m(2ftx4ftx4ft) concrete blocks used to build a storage for compost material at this landscaping firm are perfect for building a horse manure storage. Floor versus no floor? It is easier to load and unload manure storages when there is a good concrete floor underneath. However, under the right conditions, an expensive permanent concrete floor just might not be necessary. Farms covered under the Nutrient Management Art (2002) constructing solid manures storages must use one of three types of floors: • concrete (or equivalent) • earth floor, 0.5 m (20 in.) of hydraulically secure soil • earth floor, 0.5 m (20 in -) of hydrologic soil Type C or D soil, as long as the farm is <300 NU in size The hydrologic soil type is based upon a soil's rate of water intake after prolonged wetting('). Type C soils are typically clay loam, while Type D soils are clay. These soils are far less likely to allow seepage to perco- late through the soil from the manure. Many horse farms in Ontario have this type of soil and are candi- dates for storages without a concrete floor. However, when handling manure on soil floors, take care that the floor does not get badly rutted. Where soil floors are permitted, an innovative way to provide some rutting protection is to install rubber matting (Figure 11). 130 Walls No walls Manure volume stored 48.5 m3 48.5 m3 (1,715 ft3) (1715 ft) Storage for five horses 240 days 240 days Manure depth (m) 2.5 m 2.5 m (8.1 ft) (8.1 ft) Storage outside 7.3 m 8.6 -m (28.2 -ft) wide Length (m) (24 ft) round base on 8.9 -m x 8.9 -m Storage outside 6.1 m Width (m) (20 ft) (29.2 -ft x 29.2 -ft) floor Uncovered floor 15 cm 15 cm concrete to prevent (6 in.) (6 in.) manure spillage off (at open (beyond edge of open storage sides front) circular pile) Approximate exposed 46 m2 68 m2 manure surface (m2) (495 ft2) (732 ft2) Approximate concrete 10.9 m3 8.2 ml needed (m3) (14.3 yd') (10.7 yd3) floor & walls floor only 6 i S � N *Ir I Figure 10. The0.6mx1.2mx1.2m(2ftx4ftx4ft) concrete blocks used to build a storage for compost material at this landscaping firm are perfect for building a horse manure storage. Floor versus no floor? It is easier to load and unload manure storages when there is a good concrete floor underneath. However, under the right conditions, an expensive permanent concrete floor just might not be necessary. Farms covered under the Nutrient Management Art (2002) constructing solid manures storages must use one of three types of floors: • concrete (or equivalent) • earth floor, 0.5 m (20 in.) of hydraulically secure soil • earth floor, 0.5 m (20 in -) of hydrologic soil Type C or D soil, as long as the farm is <300 NU in size The hydrologic soil type is based upon a soil's rate of water intake after prolonged wetting('). Type C soils are typically clay loam, while Type D soils are clay. These soils are far less likely to allow seepage to perco- late through the soil from the manure. Many horse farms in Ontario have this type of soil and are candi- dates for storages without a concrete floor. However, when handling manure on soil floors, take care that the floor does not get badly rutted. Where soil floors are permitted, an innovative way to provide some rutting protection is to install rubber matting (Figure 11). 130 L Figure 11. Used conveyor belting from a quarry operation was used as a floor to protect the soil from rutting under this landscape compost pile. Roof versus no roof? Horse manure storages don't need roofs, as the ma- nure is dry, and there is little runoff. Roofed storages (Figure 12) likely need building permits BUILDING YOUR STORAGE To build manure storage for 10 horses like the one in Figures 5 and 9, with three walls, 1 m (3.25 ft) high, open to the front, with a flat concrete floor, you will likely need a building permit. This will phase you under the regulations of the Nutrient Management Act, so your storage will have to hold at least 240 days worth of manure. Solid manure storage volumes are usually calculated as the product of storage length, width and height. How- ever, this does not work for small storages, as there is considerable loss of storage volume at the open front because of the manure slope. Also, it is more difficult to store manure very deep as it can spill out over the walls when nearly full. Table 3 shows dimensions of a few small manure storages that satisfy the 240 -day re- quired storage period. Another requirement under the NMA is to provide a permanently vegetated flowpath to contain and treat any minimal runoff that might result from the pile. The flowpath is the distance over the ground that liq- uids have to flow from the storage before entering sur- face water or tile inlets. This does not have to be in a straight line. Figure 5 (page 4) shows a meandering flowpath. Figure 12. A storage used for storing sand could also work for keeping horse manure dry. A permanently vegetated flowpath has a saucer shape and a healthy stand of vegetation to slow down any runoff from the storage and use up its nutrients. The NMA specifies the length of flowpath based on ma- nure dry matter content. For horse manure 30% to <50% dry matter, use a 150 -m (492 -ft) flowpath; for horse manure 50 % or greater dry matter, use a 50 -m (165 -ft) flowpath. Most horse manure is 30 % -50% dry matter. The flowpath must be located on a minimum of 0.5 m (20 in.) of soil, no closer than: • 3 m 0 0 ft) from a field tile drain 15 m (50 ft) from a drilled well 100 m (328 ft) from a municipal well • 30 m 0 00 ft) from any other wells Table 3. Dimensions and volumes stored assuming 1.0 -m (3.25 -ft) walls and pile shape as in Figure 5. (Note: It may be difficult to store manure deep using wheelbarrows-) Number of Outside Outside Manure Manure Horses Width Length Depth Volume in (ft) m (ft) m (ft) m3 (ft3) 1 3.0m 4.3m 1.6m 9.7 m3 (10 ft) (14 ft) (5.2 ft) (343 ft3) 5 6.1 m 7.3m 2.5m 48.5 m3 (20 ft) (24 ft) (8.1 ft) (1715 ft3) 10 8.5m 9.1m 3.0m 97 m3 (28 ft) (30 — (9.8 ft) (3430 ft3) 131 7 MINIMUM DISTANCE SEPARATION (MDS) FORMULA The Minimum Distance Separation (MDS) II For- mula determines minimum setbacks between new or expanded livestock facilities (such as horse barns or manure storages) and existing or approved develop- ment next door (such as a neighbouring house). MDS I1 is triggered when a building permit is re- quired and the calculation of setbacks is done by the municipality. For more information, consult your Municipal Office. REFERENCES 1. OMAFRA software NMANNutrient Management Computer Program, 2007. 2. Soil Resource Group. Protecting Water Quality Through Improved Storage Methods for Poultry Manure_ Final report for OMAF Health Futures Program. July 2002. 3. OMAFRA Publication 29, Drainage Guide for Ontario. This Factsheet was written by Hugh Fraser, P.Eng., Extension Agricultural Engineer, OMAFRA, Vineland, This Factsheet was reviewed by Dr. Robert Wright, DVM, Equine Specialist, OMAFRA, Fergus, Dan Ward, P.Eng., Agricultural Engineer, OMAFRA, Stratford, and Matt Wilson, Nutrient Management Specialist, OMAFRA, Woodstock. Agricultural Information Contact Centre: 1- 877 - 424 -1300 E -mail: ag.info.omafra @ontario.ca Northern Ontario Regional Office: 1- 800 - 461 -6132 www.ontario.ca /omafra POD / 'a SSN 1198 -712X Il��lill IIIII�III�III�II��lllll�lllllllilllll I E alemen IIIII�II��IIIIIII�I a; t d�sponible en fran�ais � 1 2 1 9 1 9 IR 7 g 4 5 Ontario (Commande n° 07 -046) 132 Lori & Kern Williams 1700 Red Head Road Saint John, NB E2P 1K4 �p� FEB 13 2015 Feb 8, 2015 To whom it may concern: SA Re: Proposed Rezoning 1680 -1690 Red Head Road We are writing in regards to the proposed rezoning of our neighbouring property, as we feel our family will be directly impacted by these changes. Our property is immediately next to the proposed Lot 14 -02. We would like to start by saying we do not want to be uncooperative neighbours, or stand in the way of disabled children having the opportunity to ride horses, but feel we need to speak up in defence of our home. This proposed facility is not something we want next door to our home. We have only owned our house for a little more than two years, but it represents a huge investment of both our time and money, as well as a commitment to spend even more time and money to continue paying off our mortgage. Before we purchased our property, we looked at many real estate listings and struggled to find a house that we wanted to make our home. There are so many deciding factors when it comes to choosing a house; finding the ideal home is just the tip of the iceberg. The neighbouring properties and surrounding area had a major affect on our decision. Last spring, we were given notice from the Planning Advisory Committee, about a proposed re- establishment of non- conforming use on the neighbouring property to allow up to 4 horses. We were unsure how that change would affect us at the time, and ultimately did not voice an opinion. We have since read both the Agenda and the minutes of the Committee's meeting dated June 17, 2014, regarding the matter. The agenda stated that notification was given to landowners within 100 meters of the subject site. James Turnbull, the previous owner and applicant, had indicated at the meeting "the subject site is a fair distance from the author of the complaint letter and in his opinion; odour produced by the horses shouldn't be a problem." I frequently run in the Red Head area, and after the first 2 horses were introduced to the property last summer, I have noticed the horse manure smell quite often in the area. The area where I notice it most often and the strongest, is less than .5km away; where there is a low lying area with a bridge and brook, near civic addresses 1603 & 1620. I have also noticed it as far as approximately 2km away, beyond the store by the subdivision, and the 100 meter distance where notification had been given last June. We have been fortunate, so far, not to be overwhelmed by these unpleasant odours in our own yard, and have accepted the 3 horses presence. Mr. Turnbull also stated in last June's meeting 'The prospective buyer would like to keep horses for their personal and private use." If this proposed facility is to be used by a non - profit organization, that certainly goes beyond the scope of personal and private use. The city's zoning by -law defines "equestrian facility" as "an establishment that provides boarding of horses or the training of horses and their riders, or both, and may include the staging of equestrian events." Mr. Grass, the current property owner, had kindly invited our two children to go over and see the horses up close twice last summer. He informed them that their own horse had died shortly after arriving there, and the two other horses were not theirs and they were simply caring for them for someone else. We are concerned that the proposed rezoning will make our property an unappealing place to live, as well as have a negative impact' on our property's resale value. We're afraid the smells and sounds associated with this proposed facility will be undesirable for us to live next to, and additionally, any future owner, if we decided to sell our property. The property currently has only 3 horses on it, however, the proposed facility shows an additional 8 stalls, which would likely result in more horses, more manure and much stronger offensive odours. Also, the likely increase of people and traffic coming and going to the facility would be unwanted and disruptive. We are also concerned that the proposed rezoning would allow the property owners to make additional or alternate uses of the land, other than the proposed equestrian facility, which we may also find undesirable to live next to. Some examples of such permitted uses would be a kennel, an animal shelter, and a veterinary clinic. Thank you for the opportunity to express our views. We would like to ask that you think about how you would feel if this were happening next to your home. We hope that the Planning Advisory Committee, Common Council i%fiembers, and our neighbours can all understand how these changes could negatively impact our family, and take our views into consideration. Thank you, Lori & Kerri Williams 133 a 4' These two pictures were both taken from the same upstairs bedroom window of our house; the second one is a panorama, which makes everything look farther away than it actually is. 134 Lockhart, lynch Froinn: Kliffer, Jody Sent: February-12 -15 2:12 PM To: Lockhart, Lynda Subject: FW: Re- Zoning at 1680 Red Head Rd. Fyi... From: Trish Wright [ mailto:trishawright@hotmail.com] Sent: February-12 -15 1:29 PM To: Kliffer, Jody Subject:: Re- Zoning at 1680 Red Head Rd. Hi Jody, I wanted to take a moment to express my support for the re- zoning at 1680 Red Head Road. Shining Horizons Therapeutic Riding Association is a wonderful program and I believe this will provide great enrichment to our community. Thank you, Trisha Wright & Matt Belanger 2809 Red Head Road Saint John, NB E21? 1J5 135 Lockhart, Lv nda From: Barsa Developers < Ba rsa Developers@ rogers.com > Sent: February-12 -15 3:11 PM To: Kliffer, Jody; External - Planning Subject: Proposed Zoning By -Law Amendment 1680 -1690 Red Head Road Dear sir, My name is Kemal Debly and I am a resident of Saint John located at 1701 Red Head Road, directly across from the proposed rezoning. My wife Nicole and I reside at this residence with our four children. We have reviewed the proposed rezone application along with the renderings for the Equestrian facility to be constructed on the site. We are in full support of this project and strongly urge staff, PAC and council to approve this application. We feel strongly that this project will not only increase the value of our neighbor's property but add a huge intangible value to the whole community when offering an opportunity for challenged children to have interaction with this facility. Some of my neighbors have voiced concerns of potential issues with odours associated with this stable being installed. We have lived here for almost 19 years with several horses pastured and stabled when we first arrived to only a few animals at this time. We have never experienced or suffered from the inconvenience of stable odour or pests caused by this farm and the previous owner and we live directly across the street. Thank you for your consideration in this matter. Sincerely, Kemal Debly 136 Lockhart, i nda From: Offer, Jody Sent: February -06 -1S 11 :04 AM To: Lockhart, Lynda Subject: FW: Letters from Parents. Attachments: Testimonial.docx Lynda, The below letters were submitted to me directly re: the rezoning application for 1680 Red Head Road. I don't think you got copies of these, but I wanted to make sure they are among the letters given to the PAC & Council. Thanks, J From: Kent Grass [mailto: kentCcuatlantic- all- sea.com] Sent: December -30 -14 10:15 AM Kliffer, Jody Cc: 'Mark Guest' Subject: Letters from Parents. Hi again Jody. Below and attached ai e song testimonial letters I would like included with our application. Thanks in advance. Kent Dear Mr. Grass, I have two boys, 14 years old and 6 years old, that participate in the Shinning Horizons Therapeutic Riding Association Program. They have been involved for two sessions, beginning last fall and again this spring. Both of my boys are people with autism. They have challenges with anxiety, inflexible thinking and social deficits. My oldest son has difficulty with motor planning and my youngest son has difficulty with emotional regulation. This experience allows them to grow their confidence while they learn new skills. It has opened up social interactions with peers and grandparents as they have a unique experience to tell others. Parker is a wonderful horse and my boys look forward to seeing him each week. Stacey has a keen sense of how far to push each of my sons, as both of them have different tolerances for trying new things and persevering with those new experiences. Both of my boys have benefitted from riding. When my youngest began riding in the fall, he didn't really talk to anyone until near the last week. This spring, he has been telling Parker to "walk on" and chats away to the side walkers about 137 the animals he has learned about while watching a television show called "Wild Kratts ". I have noticed a big impact on my oldest boy. He has blossomed under Stacey's coaching. I am seeing a side of my son that I didn't know existed. Stacey compliments him on his quiet hands, quickness to learn and his rhythm. She encourages him, teaches him and gives him opportunities to push at that invisible barrier of fear that makes it easy to disengage from social events. Today, my son drove a riding lawn tractor for the very first time! I know that the confidence he has cultivated while riding Parker has translated into him believing that he could learn to mow the lawn. I am proud of his accomplishments! I am so blessed that my boys have the chance to attend this program and that it is located in Hampton. Stacey and all the volunteers are angels walking the earth. I am so grateful. Andrea All Sea Atlontic Ltd. Kent Grass F` 1. . a.`1.aLt..✓AS Saint John, New Brunswick, Canada Phone: 506.632.3483 Other office details Halifax, Nova Scotia, Canada Phone: 902.422.6112 Great Lakes, Ont., Canada Phone: 905.641.9313 Vancouver, B.C., Canada Phone: 604.980.96 13 Busan, South Korea Phone: +82 (0) 10 4252 -8922 All phone numbers are monitored 24/ 7/ 365- www.all- sea.com 138 Lockhart, Lynda From: Kliffer, Jody Sent: February-12 -15 2:12 PM To: Lockhart, Lynda Subject: FW: Re- Zoning at 1680 Red Head Road Fyi... From: sdupuisOnbnet.nb.ca [mailto:sdupuis@nbnet nb ca] Sent: February-12 -15 1:31 PM To: Kliffer, Jody Subject: Re- Zoning at 1680 Red Head Road Dear Jody, My name is Stephanie Gallant and I wanted to say that I am in favor of "Shining Horizons Therapeutic Riding Association" to be rezoned at 1680 Red Head Road. I feel that this property and facility will be most beneficial to our community and to our children who require therapy through this association. Please consider 1680 Red Head Road for re- zoning. Regards, Stephanie Gallant Saint John, NB 506- 653 -7402 139 Testimonial Our Son Kyle is Diagnosed with Autism (Moderate on the Spectrum) has been going for Therapeutic Riding lessons with the Shinning Horizons Therapeutic Riding Association Program for the past 5 years. It is often a challenge to get Kyle to leave his room where he loves to watch movies and play video games. Since he started Therapeutic Riding he looks forward to Thursday evenings when he gets to go ride "Parker ". We only have to say "it is time to go" and he is out the door and in the car. Over the past 5 years, Kyle has gone from being afraid to get on the horses back to loving to trot. As Kyle's parents it is great to see him light right up with a huge smile on his face when he rides Parker, for that % hour each week he is just a different kid. I will never forget him telling me as we were leaving the barn one evening "that was awesome mom ". Stacey Hope and all the volunteers with the Shinning Horizons Therapeutic Riding Association Program have been wonderful; they always make us feel great about Kyle and how he is improving each time. We were 4 years waiting to get into the program (once he was assessed) but it has been worth the wait! Rob & Kim Patten 140 v� Lockhart, Lynda From: Kliffer, Jody Sent: February-13 -15 11:45 AM To: Lockhart, Lynda Subjeet: FW: PAC Application of Kent Grass and Stacey Hope Oops.. From: David Ryan [mailto:davidgryan gmail.com] Sent: February-13 -15 10:37 AM To: Offer, Jody Cc: Kent Grass Subject: PAC Application of Kent Grass and Stacey Hope Jody Kliffer, I write this letter in support for the PAC application of Kent Grass and Stacey Hope I am a member of the board of Shining Horizons Therapeutic Riding Association and because of this, I have had the opportunity to witness the positive benefits of the therapy provided by Shining Horizons to challenged youth in our region. Shining Horizons has survived for over 15 years working from different stables. Relying on others for the facility needed means a lack of continuity and causes the association planning issues. The potential growth of the program that can be gained by the establishment of a facility in Saint John is huge. This facility will not only assist more disabled children but also assist the association's planning and growth.. Although I am not an expert on P1anSJ, I am of the belief that this application would fall within the spirit and philosophy of PlanSJ as the establishment of this Therapeutic Stable in a basically rural region will not require any additional or new services to be provided by the city. This is a win win for Saint John and for the Shining Horizons Therapeutic Riding Association Thank you Dave Ryan 712 Dominion Park Road Saint John, NB., E2M 4Y8 506 333 0906 141 Lockhart, Lynda From: Kliffer, Jody Sent: February -17 -15 8:49 AM To: Lockhart, Lynda Subject: FW: proposed rezoning of 1680 -1690 Red Head Road Add this one to the list... From: Tomalyn Comeau [ mailto :tomalyncomeauOhotmail.ca] Sent: February -16 -15 7:16 PM To: Kliffer, Jody Subject: proposed rezoning of 1680 -1690 Red Head Road I am in support of the re- zoning at 1680 Red Head Road for the proposed equestrian facility for Shining Horizons Therapeutic Riding Assocation. Tomalyn Comeau 320 Tartan St Saint John, N.B. 142 FEB 17 2015 Lockhart, Lynda From: External - Planning Sent: February -17 -15 8:24 AM To: Lockhart, Lynda Subject: FW: Proposed Re- establishment of Non - Conforming Use 1680 Red Head Road From: Dennis Oldham [mailto:toldemOunb.ca] Sent: February -14 -15 11:07 AM To: External - Planning Cc: Kliffer, Jody Subject: Re: Proposed Re- establishment of Non - Conforming Use 1680 Red Head Road Please see my email of 16 June 2014 per original variance request by previous owner. To date I have not recieved a response and my concerns remain. Please address this when the new variance go ouncil for consideration. 16 °"�o From: Dennis Oldham Sent: June -16 -14 7:01 PM FEB 17 2015 To: planning @saintiohn.ca Cc: jody.kliffer @saintiohn.ca Subject: Proposed Re- establishment of Non - Conforming Use 1680 Red Head Road For the attention of Jodi Kliffer,MCIP,RPP. et al I, Dennis Oldham of 1620 Red HEAD road, will support all opposition to this proposal. My personnel concerns are as follows. Odour, I find the odour of these animals (horses) to be very offensive. The insects that they attract (horseflies & etc) are extremely annoying. The wild life, that they appear to attract, raccoons & etc devastate my garden. The pigeons, that that are attracted to spilt food, means I have a constant battle keeping my vehicles and property washed and clean. These birds are apply described as flying rats. The previous owners of this property appeared to believe that they had privilege of exercising the horses across the back of my property this was never granted by me and never will be. The excrement , left by these horses, left at low tide, would be washed out, at high tide would be left there, attracting all kinds of insects. My concerns were expressed to the previous owners and practise of exercising the horses ceased. My hobby is my garden with the combination of these ,these concerns, make it impossible to enjoy garden, especially in the summer months. The last several years , without these animals have been have been very pleasurable and I would like it to remain so. The odour has gone, the pigeons have gone and the flies are significantly reduced. Dennis Oldham 1620 Red Head Futher to this email, I oppose the latest request for the latest rezoning . My concerns remains the same. The pigeons have returned in ever increasing numbers and, no doubt, will only increase. The installion of a manure facillity will only increase the odour. The originl non conforming was to allow for number of horses was to be up to 4, this lastest request suggests a significant increase to this number. The proposed Rural (RU) opens a "pandoras box ". 143 Lockhart, Lynda From: Kliffer, Jody Sent: February -13 -15 1:22 PM To: Lockhart, Lynda Subject: FW: Driftwood /Shining Horizons Therapeutic Riding Centre One more... From: Joel Youden [mailto:youdenCabemail.com] Sent: February -13 -15 1:04 PM To: Kliffer, Jody Subject: Driftwood /Shining Horizons Therapeutic Riding Centre February 13, 2015 Dear Ms. Kliffer: RE: Driftwood /Shining Horizons Therapeutic Riding Centre There are not many people who can say their lives have not been touched in some way by a person with a disability. For almost 20 years, the volunteers at Shining Horizons Therapeutic Riding Association ( SHTRA) have been encouraging disabled persons in riding and horse related activities as a source of enjoyment, therapeutic exercise and recreational sport. We are in need of a permanent equestrian facility which will allow us to grow our program. To that end, our Board has made the decision to pursue a new purpose built facility which will allow us to expand upon the number of disabled children we can support, put accessibility issues at the forefront and ensure the future of the organization. Our goal is that no child wanting to participate should ever be left out. It is truly inspiring to see the children flourish in the company of the horses. The importance that this project be allowed to go forward cannot be overstated. Yours very truly, Joel C. Youden Chair, SHTRA Ft$ 17 2015 144 UNI Avertiser Name: Saint John Common Clerk Avertiser Code: S71206 .ize: 4.00 x 12.00 in. ,ales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 1680 -1690 RED HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The Zoning By -law of The City of Saint John at its regular meeting to be held in the Council Chamber on Monday, March 2, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID No. 55057939 and a portion of PI Nos. 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), as Illustrated below. REASON FOR CHANGE: To permit an .. equestrian facility. The proposed amendment may t� be inspected by any interested r person at the office of the ,f Common Clerk, or in the office of Growth and Community Development Services, City Hall, T 5 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4 :30 p.m., Monday through Friday, inc'usive, holidays excepted. Written objections o the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Counci meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARR@TE OBIET. 1680 -1690, CHEMIN RED HEAD DE ZONAGE Par les pr6sentes, un avis public est donne par Ill le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arl de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 2 mars 2015 A 18 h 30: Rezonage dune parcelle de terrain d'une superficie d'environ 3,25 hectares, situ6e au i 680 -1690, chemin Red Head, et portant le NID 55057939, et it aussi une pantie des NID 00340018 et 55218630, de zone rfisidentelle rurale (RR) 6 zone rurale r ; (RU), comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: °`�.. Permettre un centre equestre. Toute personne ` int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire A I'h6tel de ville situ6 au 15, Market Square, a Saint john, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sal les jours Will Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 A I'hdtel de ville. Si vous avez besoin des services en frantais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Hu imumull I`iCU1+/ oij Ad ID: 7019074 Ad Legacy: 7559096 Current Date: Jan 21 2015 09:46AM Start Date: 2/5/2015 End Date: 2/5/2015 Color: Client Approval OK ❑ 145 Corrections ❑ Rezoning Proposal and Variance Request for Proposed Therapeutic Horse - riding and Horse - boarding Structure Saint John, N.B. Application Overview In order to facilitate the permitting, construction and operation of a horse -riding and horse - boarding structure on the subject property, a zoning by -law amendment to Rural (RU) is required. Also, to better fit the site conditions, a variance is requested to reduce the minimum side yard zone standard. The intent of this application is (i) to provide a brief background on the therapeutic horse -riding program, (ii) present preliminary details of the proposed structure, (iii) outline steps already in progress by the property owner to re- configure current property boundaries to better suit the siting of the proposed structure (iv) present the siting of the proposed structure on the subject property and (v) summarize the rezoning proposal and variance request. Background of Shining Horizons Therapeutic Riding Association Shining Horizons has been in existence for about 15 years, providing therapy for mentally and physically disabled children and young adults in the Saint John and surrounding area through a Nationally recognized program sanctioned by the Canadian Therapeutic Riding Association (CanTRA) and Equine Canada. Therapeutic riding is the use of horses and equine - assisted activities to provide a wide range of long term benefits for the rider. Horseback riding is unique in that it provides physical benefits to a broad range of physical impairments. Riders experience improved balance and muscle strength, improved postural control, increased range of motion of the joints, endurance and cardiovascular conditioning, to name but a few. The goal is to provide a custom set of riding lessons for each rider to allow them to experience the challenge of learning to ride a horse by the coaching of the instructor and to experience the physical and social benefit that is only found between the bond of horse and rider. Each ride involves a horse, the rider, the instructor, a leader (leads the horse) and two side walkers that are responsible for the well- being of the rider. Details of Proposed Structure The proposed structure consists of two components joined by a small alley -way. The preliminary floor plan for the structure is shown below. Additional rendered drawings are also appended to this report under Appendix A. P.O. Box 1971 Saint John, NO Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L4L1 'mm uiy ulM a Whn 146 SAINT JOHN I Ln 1 ' 3 I 1 i I ++ _ rl Ln I� j 2 I I I r-Cp 4 M' ri i I J I� i �rt O a Figure I — Preliminary Floor Plan _11 f ^I i A I ' O II I 3II I V_( z 4 J CL cY. Q C] � U Z !mot Uj I� w A I� gat M �u S 3 � I � I s N � I The total area of the proposed structure is 1,387 m2 +/- (14,936 W + / -). The larger portion of the structure is the riding arena, measuring 21.95 m x 48.06 m (72' x 157' -8 "). Connected to this will be an 11.38 m x 3.66 m (37' x 12') lean -to for hay storage. The remaining portion of the proposed structure is an 11.58 m x 24.38 m (38' x 80') boarding area. The primary use of this portion will be for the boarding of the horses used in the therapeutic program. Secondary to this will be a location to tack a horse, a wash bay, feed storage, general storage and washroom and laundry area. P.O. Box 19715aintJohn ,NB Canada E2L4L1www. saintjohn. caC. P .1971SaintJohn.N:B. Canada E2L4L1 MaryQrsdaphn SAINT JOHN 147 0 I - - -._ -- - - - - -- I: NUC -�.i I f I�„ c a.I! ~ 1 E It O � 3 , 0 I 0 _ rl Ln I� j 2 I I I r-Cp 4 M' ri i I J I� i �rt O a Figure I — Preliminary Floor Plan _11 f ^I i A I ' O II I 3II I V_( z 4 J CL cY. Q C] � U Z !mot Uj I� w A I� gat M �u S 3 � I � I s N � I The total area of the proposed structure is 1,387 m2 +/- (14,936 W + / -). The larger portion of the structure is the riding arena, measuring 21.95 m x 48.06 m (72' x 157' -8 "). Connected to this will be an 11.38 m x 3.66 m (37' x 12') lean -to for hay storage. The remaining portion of the proposed structure is an 11.58 m x 24.38 m (38' x 80') boarding area. The primary use of this portion will be for the boarding of the horses used in the therapeutic program. Secondary to this will be a location to tack a horse, a wash bay, feed storage, general storage and washroom and laundry area. P.O. Box 19715aintJohn ,NB Canada E2L4L1www. saintjohn. caC. P .1971SaintJohn.N:B. Canada E2L4L1 MaryQrsdaphn SAINT JOHN 147 Steps in Process by Property Owner In order to site the proposed structure at a location on the property that best suits the owner's proposed use of the structure and the current site conditions, the owner engaged Hughes Surveys and Consultants Inc. to prepare a Tentative Subdivision Plan to re- configure the internal boundaries of the three Parcel Identifiers (PIDs) — 00340018, 55057939 and 55218630, resulting in two proposed lots — 14 -01 and 14- 02 on the below Tentative Subdivision Plan. The purpose was to: 1. create a property with more frontage and a larger area (lot 14 -02) 2. allow the proposed structure to be sited closer to the existing house at 1680 Red Head Road for easier access 3. allow the proposed structure to be sited at the northwest corner of the existing grazing land thus maximizing the future use of the existing grazing land and reduce the need to create additional grazing land on the property in the future 4. increase the distance from the proposed structure to the existing residents on Anthony's Cove Road. W P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 f Theft Qf SWW iaim 148 �r SAINT JOHN Site Plan Below is a Site Plan depicting several details outlined above: 1. the proposed re-configured interior boundaries of the three PlDs as lots 14-01 and 14-02 2, the location of the proposed structure with respect to the front yard and side yard setback 3. the location of the existing structure with respect to the side yard setback. Figure 3 — Site Plan I Owl P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 SaintJohn. N.-B. Canada E2L 4LI SAINT JOHN TbeCjty0f5mtW 149 tj lot t f Figure 3 — Site Plan I Owl P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 SaintJohn. N.-B. Canada E2L 4LI SAINT JOHN TbeCjty0f5mtW 149 E I N a 16 14 ku Figure 2 — Tentative Subdivision Plan (Supplied by Hughes Surveys and Consultants Inc.) P.O. Box 1971 Saint John, NB Canada E2 L 4LI www.saintjoh n.ca C. P. 1971 Saint John. N.-B. Canada E2 L 4LI SAINT JOHN fteawarsaiKlom 150 V7� 44 > E I N a 16 14 ku Figure 2 — Tentative Subdivision Plan (Supplied by Hughes Surveys and Consultants Inc.) P.O. Box 1971 Saint John, NB Canada E2 L 4LI www.saintjoh n.ca C. P. 1971 Saint John. N.-B. Canada E2 L 4LI SAINT JOHN fteawarsaiKlom 150 Rezoning Proposal and Variance Request Summary As discussed above, it is required to rezone to RU in order to facilitate the permitting, construction and operation of a horse - riding and horse - boarding structure on the subject property. The purpose of this report is to outline the reasons as to why the rezoning of the subject property is respectfully requested. Furthermore, under the RU zone, the minimum side yard zone standard is 15.00 m. Likewise, it is respectfully requested that a variance be granted to reduce this minimum zone standard to 11.28 m and 11.38 m as shown on the above Site Plan. x3 TJ P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N.-B. Canada E2L 4L1 I ��� SAINT JOHN "W chy 151 Appendix A -0000, 10 01 va- P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 197l Saint John. N.-B. Canada E2L4L1 noftorswWwan 152 SAINT JOHN 'll t� el Fl 1! 11 ul P.O. Box 1971 Saint John, NO Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 7Le c ri almu mn 153 SAINT JOHN BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU) - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: MayorlMaire ARRETE No C.P.111- ARRETE MODIFIANT VARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conscil communal, The City of Saint John a decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) deccmbre 2014, est modifie par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 3,25 hectares, situ6e au 1680- 1690, chemin Red Head, et portant le NID 55057939, et etant aussi une partie des NID 00340018 et 55218630, de zone residentielle rurale (RR) A zone rurale (RU) - toutes les modifications sont indiquecs sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2015, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 154 mow. M The My of Saint John February 17, 2015 His Worship Mel Norton and Members of Common Council Subject: Winter Management Plan Our winter management plan needs a review. How is it acceptable that priority 4 streets and the people who live on them, are sacrificed? The plan is directing our plow operators to ignore priority 4 streets while they drive by plowing priority 3 streets numerous times. This is leaving citizens behind and unable to get to work, appointments etc.... They are deserted and stranded. There has got to be a better way. Motion: Council to request a review of the priority 3 and 4 street plowing deployment system in the winter management plan. Sincerely, Ray Strowbridge Councillor Ward 4 City of Saint John Cell: (506)977 -3846 Email: ray.strowbridgeiVIsaintjohn.ca @raystrowbridge www.saintiohn.ca (Received via email) (P SAINT dOHN P.O. Box 1971 Saior:lohn, NB Canada E2L4L1 I wwwsainIJohn.ui I C.P. 1971 Saint John, NA. Canada E2L4L1 155 REPORT TO COMMON COUNCIL M &C- 2015 -36 2 March, 2015 His Worship Mayor Mel K. Norton and Members of Common Council Your Worship and Members of Common Council: Subject: Open Data EXECUTIVE SUMMARY EI.AJ The City of Saint John The City Manager recommends the approval of a draft City of Saint John open data policy, including supporting governance structure and licence agreement (as provided in Attachment A), along with a revised (2015) GIS Fee Schedule (as provided in Attachment D). In addition, the City Manager recommends implementation of a pilot City of Saint John open data project in 2015 (as recommended in this Report). The pilot open data initiative would focus on six key data categories: municipal planning, public safety, economic development, financial information, energy and utilities and recreation, with a direct link to the One Stop Development Shop initiative. A list of sample data sets is provided on pages 8 -9 of this Report. Staff recommendations are based on municipal and public- sector open data best practises and internal, agency, board and commission (ABC) and external community engagement. The pilot project includes a commitment to on -going stakeholder consultation and the establishment of community partnerships. In support of the 2015 Open Data Pilot initiative, the City will leverage staff time and resources from the various contributing City Departments and external community partners - no incremental or additional financial resources are being requested. A small reduction in GIS service fees is anticipated as a result of the open data pilot project. Over the longer -term, the City's move from reactive disclosure (such as right to information requests) to proactive disclosure (such as open data and open information) could yield meaningful operational savings. Open data has also been proven to improve citizen service, support informed community decision - making processes and contribute to the host region's economic potential. Staff will return to Council in early 2016 with a full review of the pilot project, including an assessment of the costs, benefits and return -on- investment (ROI) associated with introducing a permanent open data program. PURPOSE During the October 28, 2013 meeting of Common Council, it was resolved to engage all City of Saint John departments, agencies, boards and commissions, including the Saint John Police, Power Commission of the City of Saint John and Saint John Water for input in the drafting of a City of Saint John Open Data Policy. It was further requested that the City Manager draft an open data policy that reflects the input received during the engagement process to be considered for adoption by Saint John Common Council and subsequently all departments, agencies, boards and commissions. 156 2 As such, a cross - functional project team was established in early 2014 by the Common Clerk's Office and Strategic Services Group (Corporate Planning, Communications and Information Technology), in cooperation with the City Manager's Office, City Solicitor's Office and GIS Service, to: 1. Review relevant Canadian municipal, provincial and federal government open data precedents and best practices. 2. Engage key City of Saint John service areas and agencies, boards and commissions for input into the development of a draft open data policy and supporting municipal open data governance structure. 3. Meet with key external open data stakeholders to assess open data interests and identify potential community -based open data guiding principles and supporting partnerships. 4. Assess the costs and benefits (business case) associated with implementing an open data initiative within the City of Saint John, including a pilot implementation phase. 5. Provide Council with recommendations with respect to an open data policy (and subsequent implementation of that policy). The City's Open Data Project Team includes Jonathan Taylor and Neil Jacobsen (Project Co- Sponsors), Evelyn Hatfield (Project Manager — Corporate Planning), Patricia Anglin and David Burke (Common Clerk's Office), Brian Woods and Troy McGraw (IT Department), Yves Leger (GIS Service), and Lisa Caissie (Communications Department), with additional project support provided by Scott Brittain (City Solicitor's Office) and Phil Ouellette (City Manager's Office). To date, the Project Team has invested over 500 hours in moving the Open Data initiative forward. Additional support has been provided by Enterprise Saint John (Janet Scott). BACKGROUND It is Council's priority to create policies that support its key priorities, including fostering economic growth in the community and to govern in a citizen focused, accountable and transparent manner. As such, Council's original resolution reflects the opportunity for Saint John to join the broader Canadian and global public sector open data movement by developing an open data policy for the City of Saint John, its Departments, and its network of agencies, boards and commissions. Furthermore, this report provides recommendations with respect to an open data pilot implementation phase, which will support the introduction and future evolution of the City of Saint John's new open data policy. A supporting open data governance structure is also recommended to support on -going internal and external stakeholder engagement and the prioritization, introduction and maintenance of appropriate municipal and community datasets. For the purposes of the City's proposed open data initiative, the following definitions have been established: Open Data: is data that has undergone an Open Data Assessment, meets the requirements included in this Policy, and is listed in the Open Data Catalogue. Such Open Data is then made available to the public for copying, publishing, distribution, transmission and adaptation under the terms of the Open Government License. Open Government: a governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. The underlying theme of Open Government is transparency, including open data. The open data project is also fully aligned with AdvanceSJ, the City's new corporate strategic plan, which embodies the principles of sustainability, responsive service delivery, continuous improvement, transparency, accountability and customer service. 157 3 Significant progress has been made in assessing municipal open data best practises, including an open data information - sharing arrangement with the City of Edmonton, who has a relatively mature open data policy and supporting governance model. Members of the City's Open Data Project Team were also active participants in the inaugural November 2014 GovMaker Conference in Fredericton, which was organized by the NB Social Policy Network. The conference assembled New Brunswick academic and public and private sector leaders in an effort to explore the principles of open government and opportunities to further embrace open data within New Brunswick communities. Both internal and community open data stakeholder focus groups were held in October and November 2014. Through the internal stakeholder engagement session, the Open Data Project Team invited City of Saint John service areas and key agencies, boards and commissions in developing a recommended Open Data Policy for Council's consideration, demonstrating a commitment to citizen transparency and accountability while creating value from open data. Enterprise Saint John also facilitated and co- hosted a community stakeholder engagement session involving a cross section of community economic development organizations, social agencies and private- sector technology firms. Many of these organizations have subsequently indicated their strong support for the proposed pilot implementation phase and efforts to introduce municipal and community datasets for public use. The following report provides greater detail with respect to the Project Team's policy, planning and pilot implementation recommendations. ANALYSIS Research As part of the global open government movement, governments are seeking to broaden access to data and information, ensuring transparency and accountability, and strengthening citizen engagement in the activities of government and in the democratic process. Nationally, Canada's Action Plan on Open Government has signalled a commitment to advancing the cause by working along three streams of activity — Open Information, Open Data and Open Dialogue. The challenge of drafting an Open Data Policy for the City of Saint John must be viewed within this larger context. Given the novelty of the field, research into relevant public sector and municipal findings has had to go beyond the use of traditional scholarly and professional resources. As such, research has included the use of online resources at Open.Canada.ca, datalibre.ca; participation in /monitoring of online discussions of thought leaders on the CivicAccess listserv; attendance and participation in T4G's BigDataCongress and the NBSPRN GovMaker conference; participation in webinars with software vendor Socrata; contact with the Open Knowledge Foundation regarding their Open Data services and open- source data portal platform known as CKAN; and, the generous assistance of colleagues at Halifax Regional Municipality and City of Edmonton. 158 4 A 2014 Open Data Summit held in Vancouver produced a list of desired open data datasets and the list was further narrowed and refined by consulting with open data enthusiasts, and conducting a solicited survey. The final results are illustrated below. 1. Rezoning permit applications 2. Land use changes 3. Financial data (revenue, expenses, liabilities, equity, etc.) 4. Locations of things (fire hydrants, drinking water fountains, public toilets, bike parking, ...) 5. Transit data 6. Development permit applications 7. Crime information 8. Road construction (511 data) 9. Political financing 10. Real time traffic flow data and daily road usage patterns Open Data Guiding Principles In June of 2014, Edmonton launched their Open City Initiative — an aspiration to fulfil a role as a preeminent global city: innovative, inclusive and engaged. In support of its vision and strategic goals, their Open City is premised on five principles (Transparent, Participatory, Collaborative, Inclusive and Innovative) and five corresponding goals; Goal Three is Open Data. Edmonton has identified objectives and actions plans to build on its open data program. Today, Edmonton's Open Data Portal houses a robust catalogue with thousands of datasets. Based on the research completed in 2014, the Open Data Project Team established the following Open Data guiding principles as a foundation for the internal and external stakeholder engagement sessions: 1. Open Data supports the City of Saint John's operational goal of proactive disclosure, and is a natural progression from existing right to information legislation. Open Data supports a more open and transparent municipal government. 2. The primary objectives in introducing a City of Saint John Open Data initiative are to: a. Provide information to our citizens; b. Improve our City and region's quality of life (supporting Council's Community of Choice priority); and, c. Foster new community -based economic development opportunities. 3. Through the community's "True Growth" initiative and support from Enterprise Saint John, a proactive effort will be made to identify beneficial and sustainable community -based Open Data and information sharing partnerships. 4. The City of Saint John's Open Data initiative will build off of recent community -based information / data management success stories such our online GIS historic mapping and photo resources and the GIS ZoneSJ web -based interactive tool, which allowed citizens to view proposed zoning changes to their properties during the ZoneSJ public engagement process. These initiatives received both national and international awards and leveraged the City's successful designation as a Top Seven Intelligent Community in 2012, recognizing our community's leadership with respect to information transparency and accessibility. 5. The City of Saint John's Open Data initiative will also build off other municipal and government best practices, while leveraging existing areas of information innovation such as the City's GIS services, corporate energy efficiency program and service -based budget, as well as the Police Force's leadership with respect to intelligence -based policing (as examples). 6. Open Data requires a strong internal governance structure to review and approve datasets, and ensure data integrity and data refresh requirements, supported by a robust policy framework. This governance structure will extend to participating Agencies, Boards and Commissions (ABCs). ABC participation will be voluntary during the pilot implementation phase. 159 During the pilot implementation phase, datasets will be provided by the City of Saint John at no cost unless there is a tangible value -add component. To this end, the Geographic Information Systems Service proposes (as per Attachment D) to eliminate fees for basic community datasets such as transit routes, street centerlines, civic addressing, zoning, building footprints, etc. so as to provide them as part of the Open Data Pilot initiative. The GIS Service will continue to charge fees for value -added services such as orthophotography and derived elevation data, custom GIS service or mapping requests and large format plotting to support the costs associated with providing these services. A further review of GIS fee for service structure is planned for 2016; overall 2015 impacts to the GIS Service will be included in the Open Data Pilot Project final report. 8. Data must be provided in a universally accessible format and standard and remain easily accessible through a dedicated Open Data portal administered by the City's IT Department. The Open Data portal may evolve over time based on user requirements and overall data usage. 9. Official language and legal (data licensing) issues will be addressed through a user licensing agreement. 10. The City's Open Data initiative will be launched using a pilot implementation phase to more fully assess utilization, citizen value and required resources. 11. The City will establish open data relationships with key community stakeholders and other municipalities, ensuring that the Open Data initiative remains both relevant and cost - effective. 12. Council approval is required for the Open Data policy framework, governance structure and pilot implementation project (and any significant changes thereafter). Stakeholder Engagement Internal /ABC Engagement Session — November 7, 2014 Team members from Strategic Services and the Common Clerk's office facilitated the Open Data Internal /ABC Workshop held November 7, 2014. The session was well attended by representatives from City Service Areas and the City's Agencies, Boards, Commissions. Attendees were provided an overview of the city's open data project and then formed small groups where participants were asked to brainstorm potential dataset ideas and themes for consideration in the open data pilot initiative. See Attachment e for a list of attendees and results. In general, participants were engaged in the discussions and supportive of the open data initiative. It was noted that many datasets would be valuable internally to aid in decision making and service planning. There was also discussion about having a central portal for other types of open information, such as reports, policies, plans, surveys, etc. Some of the potential challenges identified by the group included: translation costs; updating data; website restrictions; and incompatible software. Community Stakeholder Engagement Session — October 29, 2014 Enterprise Saint John hosted a diverse group of community stakeholders on October 29, 2014 to share their views with respect to open data. The group represented a cross - section of not - for - profit, social, economic development and information technology stakeholders. The group was very supportive of the City's efforts to develop an open data policy, and offered to support the launch of a pilot implementation project. See Attachment B for attendees and feedback results. 160 C THE OPEN DATA OPPORTUNITY What began as a resolution of Common Council has evolved into an opportunity for the City of Saint John to join a global and Canadian open data movement. Releasing data holdings for the free use and scrutiny of the public empowers citizens to create value and deepens the relationship between the community and its government by building trust and credibility. A government that opens its data stores to the public demonstrates accountability and transparency and commitment to those it serves. One must be cognizant that although open data is a global movement that governments are substantially committing to (e.g. Canada's Action Plan and signing of G8 Charter with many other provincial and local governments following suit), the open data movement is somewhat novel (unlike open data itself) and is considered a huge resource that is largely untapped and to precisely estimate the why or the value to be driven is difficult to assess. What can be qualified is that government collects massive amounts of public data and in addition to demonstrating good government (open, transparent, accountable) — innovation has been sparked from unlikely places. Although the movement is new, we can draw on the 191h century example of Dr. John Snow (considered one of the founding fathers of epidemiology) who discovered the relationship between drinking water pollution and cholera by combining data about cholera deaths with the location of water wells. This led to the building of London's sewage systems and hugely improved general health of the population. http://opendatahandbook.org /en /why -open- data/ Some key impacts the recommendations enable with some notable examples are: • Through a central and current portal and subject to policy and a governed process, open data improves quality of service by enabling the public to search at their convenience and to download and manipulate data as they see fit. One is not subject to make formal requests for information or search through layers to find what they are looking for. Determine the fuel consumption of a car you want to purchase at Data.gc.ca. • When citizens can access data and better understand the community and neighbourhoods in which they live they can make decisions to improve their own well -being and safety. Data.gc.ca provides real -time air travel statistics which can help travellers to choose an airline and understand the factors that can lead to flight delays. Mapnificient in Germany allows you to find places to live based on duration of commute to work, housing prices and beautification data. Where 2 Live uses Canadian statistical data to determine the best place to live or vacation in Canada. Our SJPF's crimemapping.com allows citizens to be informed about the crimes occurring in their neighbourhoods. • Money and time spent on responding to requests for data or information can be reduced by proactive disclosure. Data.gc.ca proactively provides data that is relevant to Canadians to reduce the amount of access to information requests, e-mail campaigns and media inquiries. This greatly reduces the administrative cost and burden associated with responding to such inquiries. Likewise, the Dutch Ministry of Education has published all of their education - related data on line for re -use and has reduced the number of questions they receive, workloads and costs and remaining questions are now easier for civil servants to focus on. • Individuals and businesses may be able to create economic value from data holdings; hundreds of apps have been developed using open federal government data. Open data can build trust in the community and create a mentality that is participatory with their government. Data.gc.ca provides access to how government contracts are spent. In Europe, there are open data datasets that show you how your tax money is being spent or track activity in parliament and law making processes. In 2014 the Canadian Government invested $3 million in a public - private partnership with the Open Data Institute to work with all levels of government to leverage greater economic value from datasets. • Increased accountability, public scrutiny and transparency are synonymous with open data; open data has saved taxpayers billions in exposed fraudulent activity. Beginning in 2007, public scrutiny of charitable tax receipts uncovered fraudulent charity tax shelters in the Toronto Charity Sector and saved Canadian tax payers $3.2 billion. 161 • Open data is a major movement within the federal government and most likely will become regulatory in the near future. Just as RTIPPA has increased transparency in government Canada's action plan continues its efforts to expand access to government data from federal departments and agencies as well as from other levels of governments. It aims at increasing, aligning, and streamlining access to open data across the three levels of government in Canada through the establishment of common principles, open data standards, common licensing, federated search, and joint user engagement and outreach. The goal of Open Data Canada will be to eliminate inter jurisdictional inconsistencies that create unnecessary barriers, so that the full potential of Open Data in Canada can be realized. • Datasets traditionally provided for a cost are now in many governments being made available through open data portals. Although the recommendation to replace the GIS Fee Schedule could translate in revenue loss of up to $4300 /year, or approximately 10% of the budgeted GIS revenues for 2015 (based on analysis of past 10 years), it can be seen as providing other forms of value. Bike and bus routes (now being provided at a charge) are listed in the top 10 datasets most desired and improve the daily life of the citizen (plan their route, where to live, mode of travel, etc.) Additionally, zoning and land use (also on the top 10 most desired datasets) may drive value in the form of incentives — the first time purchase of a whole city zoning dataset of $500 would be waived. Also, approving the revised fee schedule and including the basic community datasets in the pilot provides the potential to showcase the GIS Service's value -added services and capabilities — creating new revenue generation opportunities. Other datasets currently being provided at a charge such as various ward (electoral, boundary) related are some of the highest viewed datasets in the City of Edmonton Open Data Portal. The recommended draft policy and pilot initiative strives to create an open by default mentality and further lay the ground work required to fully understand requirements and implications before implementing at a scale that is not feasible or utilized or committing to any type of investment or contract. The inputs into a solid financial budget request are not present today. The pilot will establish the metrics, requirements and community engagement needed to implement a fully sustainable model going forward. The business case seeks to demonstrate how an open data policy will provide the vehicle the City's service areas, agencies, boards and commissions need to enable the development of a pilot open data initiative that is built on research, best practices and peer learning. On a minimal budget — primarily internal resources, staff will develop a central portal of open data holdings downloadable to the public while it measures and establishes benchmarks and engages the public to form a recommended sustainable 2.0 Open Data Model. It will address the inconsistencies among departments and divisions in how data is shared with the public and how such a process is governed. Finally, the recommended alternative seeks to empower citizens to drive value from the City's data holdings and create dialogue between the City and the community. IMPLEMENTATION CONSIDERATIONS Policv and Governance Framework It is recommended that the City adopt the Open Data Policy as provided in Attachment A, and make municipal and community datasets routinely available in machine readable format for any public use. The City will establish an Open Data Governance Committee responsible to champion and implement an Open Data Program / Service and implement the Open Data Policy. The Open Data Governance Committee must ensure data is published through a quality assurance process and provide oversight to the Open Data Working Team. The City will establish a cross departmental Open Data Working Team with partners from the City's ABCs to promote the publishing of datasets, vet datasets to ensure quality, consistency and appreciate potential impacts, review data and metadata standards and provide Corporate Open Data Governance. Criteria to approve the publication of new or suggested dataset will be established. The premise of open data is that it is data a government already has or collects; excessive level of effort to produce a dataset could be a determining factor. 162 The Open Data Governance Committee and Working Team will meet monthly during the pilot implementation phase, and will be Co- Chaired by the Common Clerk's Office and Strategic Services. A minimum of two external (community- based) open data stakeholder consultation sessions will be organized in cooperation with Enterprise Saint John during the pilot implementation phase. Legal and Data Licencing This licence is based on Version 2.0 of the Open Government Licence — Canada, which was developed through public consultation and a collaborative effort by the federal government and some of the provincial governments. The only substantive changes in this licence are to replace direct references to the Government of Canada with The City of Saint John, and to excise references to the Federal Court of Canada and reference the laws applicable in New Brunswick. The adoption of the Open Government License — Canada by the City of Saint John is consistent with best practices in other municipalities. The Open Data Policy, Open Government Licence and the Open Data Governance Framework have all received favourable review from the City Solicitor's office. Pilot Implementation Phase The Open Data Project Team recommends the launch of an open data pilot implementation phase extending from Quarter 2 (April 2015) to the end of the year. During the pilot phase, the Open Data Working Group would work with a group of internal City departments, participating agencies, boards and commissions, and community partners to introduce a series of new datasets focused on six key data categories. Efforts will focus on vetting and publishing pilot datasets based on quality, consistency and citizen impacts. There will also be a mechanism for the general public to request specific datasets, which will be reviewed and vetted by the Open Data Working Group on a monthly basis. The Open Data Governance Committee will oversee the development of appropriate data standards and release formats, with the IT Department managing the City's open data portal. Additionally, the Chief Administrative Officers /City Managers from Fredericton, Moncton and Saint John have agreed to support a summer or fall 2015 Tri -City open data workshop focused on sharing open data best practises and protocols, as well as identifying opportunities to introduce common datasets. Target Open Data Categories No Open Data Category Open Data Partners Sample Datasets 1 Municipal Planning • Growth & Development Services • Neighbourhood demographics • One Stop Development Project Team • Vehicle and pedestrian traffic flows • GIS Department • Building permits • Human Development Council • GIS / mapping information • Uptown Saint John • Zoning and land use information • Development and rezoning applications 2 Public Safety • Saint John Police Force • Crime information • Saint John Fire Department • Calls for service • Intelligence -led policing outcomes 3 Economic Development • Enterprise Saint John • Community growth indicators • Corporate Planning Department • Municipal performance indicators (AdvanceSJ) • Economic indicators 4 Financial Information • Finance • Sunshine List • Strategic Services • Budget information • Human Resources • Expenditure information • Common Clerk's Office • Debt information • Staffing levels 163 9 5 Energy & Utilities • Facility Management • Energy/ resource demand • Strategic Services • Energy/ resource consumption • SJ Energy • Community energy / resource flows • SJ Water • Energy/ resource pricing • Energy efficiency management 6 Recreation • Parks and Recreation Services • Recreation assets • Leisure Services • Operating hours • Facility utilization • Fees Based on the outcomes of the pilot implementation phase, staff will return to Council in early 2016 with lessons learned and recommendations with respect to a permanent open data initiative, including project (financial and human) resourcing issues. To this end, due to the investment of staff resources, there is the potential to include the Open Data Pilot Initiative as an ROI evaluation. The ROI (return on investment) methodology is a balanced approach to measurement that helps to demonstrate the value of this type of investment for the organization and the community. As part of the proposed open -data pilot project, an ROI evaluation could be completed to demonstrate the business impact of the program (both the tangibles and intangibles). It would also be a useful tool to support decision - making related to continuation, improvement or expansion of the City's open -data portal if the pilot project is approved. The ROI methodology could be implemented as an evaluation tool for the pilot project and completed with internal resources. From a best practice perspective, the ROI evaluation process is best utilized at the start of a project as it supports effective planning in terms of defining clear objectives that support measurement. Enabling Technology (Portal and Data Sharing Protocols) Saint John's Open Data Portal will be accessible via navigation from the saintjohn.ca website (see Attachment C) upon accepting the Licence Agreement. The landing page describes the program and its objectives, and most importantly it links to the repository of datasets. In most cases, the data will be in machine readable (digital) Microsoft Excel format; this format affords the best compromise between guaranteeing data integrity, ubiquity, and accessibility. On occasion and where appropriate, data may be presented in more native formats, e.g. GIS data could be provided in a Shape File format. Files will be downloadable directly from the saintjohn.ca website using standard website protocols (http and https). In addition to the data file, an information page will be created for each dataset. This page will contain the metadata or information that describes the dataset and the fields contained in the data. This information will be available in both English and French, and link to the same downloadable data file. The saintjohn.ca website has search capabilities and the Open Data Portal will leverage this functionality. Reauired Resources For the 2015 Open Data Pilot initiative, the City will leverage existing staff time and resources from the various contributing City Departments and external community partners - no incremental financial resources are being requested. During the pilot implementation phase, basic datasets will be provided by the City of Saint John at no cost unless there is a tangible value -add component. This could result in the loss of up to $4300 /year in existing GIS Service revenues. The GIS Service will continue to charge fees for value -added services such as orthophotography and derived elevation data, custom GIS service or mapping requests and large format plotting. Over the longer -term, the City's move from reactive disclosure (such as right to information requests) to proactive disclosure (such as open data and open information) could yield meaningful operational savings. 164 ff Open data has also been proven to improve citizen service, support informed community decision - making processes and contribute to the host region's economic potential. RECOMMENDATIONS It is recommended that Common Council; a) Approve the draft City of Saint John Open Data Policy, supporting governance structure and licence agreement as provided in Attachment A; b) Approve the revised (2015) GIS Fee Schedule as provided in Attachment D; c) Direct the City Manager to implement a pilot City of Saint John Open Data project in 2015 as recommended in this Report; and d) Return to Council in early 2016 with a Report assessing the costs and benefits associated with a permanent Open Data Program. Respectfully submitted, Evelyn Hatfield, PMP Corporate Planning, Strategic Services Jonathan Taylor Common Clerk ATTACHMENTS Neil Jacobsen, MBA Commissioner, Strategic Services J. Patrick Woods, CGA City Manager Attachment A: Draft City of Saint John Open Data Policy, Governance Structure and Licence Agreement Attachment B: List of Internal and Community Stakeholder Workshop Participants and Feedback Attachment C: Sample City of Saint John Open Data Portal Design Attachment D: Existing and Proposed (2015) GIS Price Lists Attachment E: Council Presentation — March 2, 2015 165 Open Data Policy for the City of Saint John INFORMATION GOVERNANCE Document Title: Open Data Policy Document Type: Policy No. of Pages: 10 Scope: Applies to the City of Saint John Policy No.: Revision No.: V.7 ~ Date Created: Council Approval Expiry Date: Contact: Date: YYYY -MM -DD YYYY -MM -DD YYYY -MM -DD Chair, Open Data Governance (2 years from Committee approval date) 166 Open Data Policy for the City of Saint John TABLE OF CONTENTS 1. FRAMEWORK ................................................................................................ ............................... 3 2. PURPOSE ....................................................................................................... ............................... 3 3. SCOPE ........................................................................................................... ............................... 3 4. OPEN DATA POLICY REQUIREMENTS ........................................................... ............................... 4 4.1 GENERAL REQUIREMENTS .................................................................................... ..............................4 4.2 TECHNICAL REQUIREMENTS ................................................................................. ..............................5 4.3 PRIORITIZING DATA RELEASE ................................................................................. ..............................5 5. LEGISLATION AND STANDARDS ............................................................................... ..............................6 6. ROLES AND RESPONSIBILITIES ...................................................................... ............................... 6 7. COMPLIANCE ................................................................................................ ............................... 7 8. DISPUTE RESOLUTION ............................................................................................. ..............................7 9. MONITOR AND REVIEW ................................................................................ ............................... 7 10. AUTHORIZATION ......................................................................................... ............................... 7 11. GLOSSARY ................................................................................................... ............................... 7 12. INQUIRIES ................................................................................................... ............................... 8 APPENDIX "A" OPEN GOVERNMENT LICENCE CITY OF SAINT JOHN ...................... ..............................9 r 167 2 Open Data Policy for the City of Saint John 1. FRAMEWORK The Open Data Policy (the "Policy ") is a subset policy under the umbrella of the Information Governance Framework. The goal of the Information Governance Framework is to protect the City by establishing a collection of policy instruments which clearly state what is acceptable and what is not with regard to all phases of the information lifecycle. The framework has been developed to support the current electronic work environment, the increased sharing and cooperation across programs and services, and the optimization of both the current and future value of our information assets. 2. PURPOSE Open Data increases the transparency and accountability of the City and assists in the creation of a participatory government in which citizens are engaged. Making Open Data resources accessible and usable by the public can help fuel entrepreneurship, innovation and scientific discovery — all of which contributes significantly to improving lives and creating jobs. The purpose of the "Policy" is to remove barriers and set the rules by which the City makes the City's Data available to the public as machine readable datasets. The "Policy" embraces that the City learns from and integrates aspects from other open government initiatives; we are evolving to collect and share data that will influence how public services are designed and delivered globally. 3. SCOPE 3.1 City of Saint John Data will be 'open by default' and available in a consistent and trusted format, secure and private where required. Data is to be kept secure and private: (i) when the City is subject to a legal or contractual obligation to keep the data confidential; and (ii) when there is a legislative or overriding public policy reason to keep the data confidential. The City will create mechanisms for the public to identify the data they want or require. The City will act as part of a larger open data ecosystem, engaging with other data - driven public organizations to extend the availability of data and better serve the needs of the public. 3.2 Agencies, Boards and Commissions .: 3 Open Data Policy for the City of Saint John It is recommended that the City's Agencies, Boards and Commissions adopt the "Policy" and take steps to meet the requirements contained in this policy. 4. OPEN DATA POLICY REQUIREMENTS 4.1 GENERAL REQUIREMENTS Beyond the immediate Pilot Implementation Phase, the following policy requirements apply generally to City Data and Open Data. 4.1.1, the City must establish plans for expanding public access to City Data and report their progress as requested by the City Manager or Common Council. 4.1.2 The City's Open Data will be available through a basic public- facing website / portal. The portal will use open source Drupal format to collaborate with other Open Data initiatives in Canada and throughout the world to extend the availability of data and better serve the needs of the public. The portal will provide: (i) a central dataset catalog / Open Data Catalog (ii) links to datasets, along with some contextual information (iii) indicate the Office responsible for the dataset (iv) indicate the frequency and date of last update (v) the City must establish an Open Data contact email to respond to public inquiries related to Open Data 4.1.3 For each dataset the City must provide (i) adequate metadata that will be accessible, searchable and usable, and (ii) the details of a contact person in relation to each dataset 4.1.4 The City's policy regarding Open Data engagement practices has been: (i) developed in consultation with the public, (ii) established by the Commissioner of Strategic Services and the Common Clerk, and (iii) approved by Common Council 4.1.5 The City will develop a service metric to measure the Open Data program, including: (i) implementing a standard assessment form when determining whether or not any of the City's Datasets may be released as Open Data (ii) modifying the assessment criteria from time to time (iii) recording the statistics, such as, number of visits to each dataset (iv) reporting the metrics of the Open Data program to Council 4.1.6 The City's Data made publicly available as part of any Open Data initiative should be re- assessed periodically. The frequency of the reassessments should be determined prior to release of the datasets. 4.1.7 Not only should the City's data be open but the process for creating the Open Data should also be transparent. 21 169 Open Data Policy for the City of Saint John 4.2 TECHNICAL REQUIREMENTS The following policy requirements apply to the technical assessment by the City of the City's Data for release as Open Data 4.2.1 A Dataset may be proposed for release as Open Data if it: 4.2.1.1 is Machine processable; 4.2.1.2 is in a file format that is fully recognized as being reasonably appropriate Open Data 4.2.1.3 is part of a dataset generated by the City and upon which the City relies 4.2.1.4 does not include personal, confidential, privileged or proprietary information protected pursuant to the New Brunswick Right to Information and Protection of Privacy Act 4.2.1.5 is not subject to any legal (including contract), public safety or other restrictions that would prohibit the City from releasing it as Open Data. 4.2.2. The Open Data Governance Committee is responsible for the Data being eligible for release as Open Data, and will: (i) ensure that the "Policy" and procedures are followed (ii) make the determination whether or not the Open Data being considered for release should be released; and (iii) ensure that the assessment form described in section 4.1.5 is completed for the Open Data; and (iv) take the content of the completed assessment form into account when making the determination (v) ensure Open Data is published through a quality assurance process (vi) ensure service metrics are enabled to record Open Data statistics (vii) report Open Data metrics 4.3 PRIORITIZING DATA RELEASE data: The City shall apply the following guiding principles when prioritizing the opening of 4.3.1 provide information that helps make decisions 4.3.2 be conscious of the dollar cost of transparency, and invest wisely in it. Set priorities for disclosure and strive for the best return on investment. 170 5 Open Data Policy for the City of Saint John 4.3.3 establish a clear licensing framework (Appendix "A" ) which should prevent the misuse of datasets, and provide a high degree of flexibility for the licensee in their use of the data 5. LEGISLATION AND STANDARDS The following legal considerations guided the development of the "Policy" and provide context for its application. 5.1 Municipalities Act, SNB c. M -22 5.2 Official Languages Act, SNB c. 0 -0.5 5.3 Right to Information and Protection of Privacy Act, SNB c. R -10.6 The Act requires municipalities to protect personal, confidential, privileged and proprietary information contained in their records. The following standards guided the development of the Open Data Policy and provide context for its application. 5.4 Open Government License — Canada The City adopts the Open Government License — Canada as a City precedent. 5.5 Sunlight Foundation's Principles for Transparency in Government Sunlight Foundation's Principles recommend several priorities for what information should be shared with the public with the most useful application of technology. 5.6 Five (5) Star Open Data Model World Wide Web Consortium (W3C) has developed a five star model to describe different characteristics of open data, and its usefulness for people wishing to reuse it. It is being used globally as a model for assessing data readiness for use. 6. ROLES AND RESPONSIBILITIES Common Council is responsible to approve the "Policy" and amendments thereto. The Open Data Governance Committee is responsible for championing and implementing an Open Data Program / Service and implementing the "Policy ". The Open Data Governance Committee must ensure data is published through a quality assurance process. The Open Data Working Team, is a cross departmental team with a mandate to promote the publishing of datasets, vet datasets to ensure quality, consistency and appreciate potential impacts, review data and metadata standards and provide Corporate Open Data Governance. The City Manager is responsible to ensure the Open Data Program / Service has service metrics reported annually. The City Manager ensures that City policies, directives and delegations of authority clearly define ownership of public information and expectations of how this information is provided to the public. The City Manager ensures employees are provided with 0 171 Open Data Policy for the City of Saint John the appropriate training and tools to effectively manage information on behalf of the public. The City Manager ensures through corporate initiatives, that staff develop a strong understanding of how their roles regarding information management impact the City's ability to provide Open Data. The Commissioners are individually and jointly responsible to support the objectives of the "Policy". The City Solicitor is responsible to be aware of the Open Government License — Canada licensing framework terms of use for the use of City data released as Open Data and to provide advice of a general nature on legal constraints involving Open Data. Open Data Points of Contact must be designated to assist with data use and to respond to complaints about adherence to the open data requirements. Employees participate in the Open Data Program / Service as required. Employees act responsibly when managing, maintaining and making public information available. 7. COMPLIANCE Compliance will be monitored by the Open Data Governance Committee with assistance from Program Area Commissioners, Service Area Managers. 8. DISPUTE RESOLUTION Dispute resolution that impacts Information Management or technology will be resolved by the Senior Leadership Team or the City Manager. 9. MONITOR AND REVIEW The "Policy" is subject to review at least every two years, or as appropriate. The Open Data Program will be subject to scheduled annual reviews and audits. The review and audits will be conducted by an audit committee established by the Open Data Governance Committee. The audit committee may be comprised of a cross - departmental internal committee or by an independent third party. 10. AUTHORIZATION This "Policy" has been approved by Common Council on MM, DD, YYYY. 11. GLOSSARY: Data refers to all structured information, unless otherwise noted. Structured information is to be contrasted with unstructured information (commonly referred to as "content "). Content may be converted to a structured format and treated like data. 7 172 Open Data Policy for the City of Saint John Data and Metadata Standards Data being made available will adhere to common quality assurance standards and regulations, ensuring that the information is in a format that will be accessible, searchable and usable. Data Sets a combination of statistically related data usually in table or matrix format. Data sets contain information that is structured to enable easy viewing; data can be used for analytic purposes or by computer software for the purpose of integrating that information into other systems. Government 2.0 embracing new technologies of the Web and applying them to government processes. Municipal Reference Authority A Corporate and Provincial classification and retention system used to organize and apply lifecycle management to corporate records. Open Data is data that has undergone an Open Data Assessment, meets the requirements included in this "Policy ", and is listed in the Open Data Catalogue. Such Open Data is then made available to the public for copying, publishing, distribution, transmission and adaptation under the terms of the Open Government License. Open Data Standards The City will use common standards when creating data sets. Open Government a governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. The underlying theme of Open Government is transparency. Policy means the City's Open Data Policy, as amended from time to time. 12. INQUIRIES Inquiries about the "Policy" may be directed to the Open Data Governance Committee. Inquiries about Open Data requests may be made to the Open Data Working Team. 173 0 Open Data Policy for the City of Saint John Appendix "A" Open Government Licence — City of Saint John You are encouraged to use the Information that is available under this licence with only a few conditions. Using Information under this licence • Use of any Information indicates your acceptance of the terms below. • The Information Provider grants you a worldwide, royalty -free, perpetual, non - exclusive licence to use the Information, including for commercial purposes, subject to the terms below. You are free to: • Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose. You must, where you do any of the above: • Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence. • If the Information Provider does not provide a specific attribution statement, or if you are using Information from several information providers and multiple attributions are not practical for your product or application, you must use the following attribution statement: Contains information licensed under the Open Government Licence — City of Saint John The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically. Exemptions This licence does not give you the right to use: • Personal information; • third part rights the Information Provider is not authorized to license; • the names, crests, logos, or other official symbols of the Information Provider; and • Information subject to other intellectual property rights, including patents, trade -marks and official marks. Non - endorsement This licence does not grant you any right to use Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information. No Warranty 174 0 Open Data Policy for the City of Saint John The Information is licensed "as is ", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether expressed or implied, to the maximum extent permitted by law. The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage. Governing Law This licence is governed by the laws of the Province of New Brunswick and the applicable laws of Canada. Legal proceeding related to this licence may only be brought in the courts of New Brunswick or the Federal Court of Canada, if applicable. Definitions In this licence, the terms below have the following meanings: "Information" Means information resources protected by copyright or other information that is offered for use under the terms of this licence "Information Provider" Means The City of Saint John "Personal Information" Means "personal information" as defined in section 1 of the Right to Information and Protection of Privacy Act, SNB, 2009, c. R -10.6 "You" Means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence. "Versioning" This is version 01.0 of the Open Government Licence — City of Saint John. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information. Version 01.0 dated: YYYY -MM -DD 10 175 Open Data Governance Framework for the City of Saint John INFORMAT14-04 GOVERNANCE Document Title: Open Data Governance Framework Document Type: Policy Framework No. of Pages: 6 Scope: Applies to the City of Saint John Policy No.: Revision No.: Revision Date: Revision History: Date Created: Senior Leadership Expiry Date: Contact: Team Review Date: Open Data Committee Chair (2 years from approval date) 176 Open Data Governance Framework for the City of Saint John TABLE OF CONTENTS 1. GOAL .............................................................................................................. ..............................3 2. PURPOSE ........................................................................................................ ..............................3 3. SCOPE ............................................................................................................. ..............................3 4. STEWARDSHIP OF OPEN DATA ....................................................................... ..............................3 5. IMPLEMENTATION ......................................................................................... ..............................4 6. OPEN DATA POLICY INSTRUMENTS ............................................................... ..............................4 7. INQUIRIES ....................................................................................................... ..............................5 APPENDIX "A" LIST OF POLICY INSTRUMENTS ................................................... ..............................6 2 177 Open Data Governance Framework for the City of Saint John 1. GOAL The City of Saint John embraces working with the global open government community to create greater transparency and accountability, increase citizen engagement and drive innovation and economic opportunities through Open Government, Open Data, Open Information and Open Dialogue. The Open Data Governance Framework has been developed to ensure transparency, and the optimization of both the current and future value of our data assets. The goal of the Open Data Governance Framework is to provide a disciplined approach to managing Open Data that is consistent across the City of Saint John. A list of policy instruments is attached in Appendix "A ". While all policy must be approved by Common Council, lower level instruments do not require Council endorsement. 2. PURPOSE The Open Data Governance Framework provides a vision and principles for management of Open Data, a set of directives for programs and services to follow, and policy and standards and practices to support programs and services. 'Womb, 3. SCOPE ` In order to be effective, Open Data Governance must become a part of the City's corporate culture and drawn into the operational fabric, into the "business as usual" of the organization. This culture shift from the less mature, unregulated, department focus to the more mature, regulated, enterprise focus will ensure control, eliminate unmanaged sprawl, and ensure the protection of information. To move from a decentralized to a centralized governance model will require training to overcome the obstacles associated with ignorance, old habits, willfulness and departmental (rogue) independence. Areas where Governance will be applied include: • platform architecture and design • content integrity • templates and provisioning • licensing / branding • program development • security • testing, training and support 4. STEWARDSHIP OF OPEN DATA 178 Open Data Governance Framework for the City of Saint John Stewardship of Open Data will be achieved through the Open Data Governance Committee (the "Committee ") working collaboratively as a corporate team to ensure Open Data aligns with corporate vision, corporate initiatives, requirements and policies. Each Program and Service will have a representative on the Open Data Governance Committee. The representatives will share their Open Data status and developments with the Committee. Programs and Services will ensure that all Open Data development is under the control of the Committee. The Committee will be co- chaired by the Common Clerk and the Commissioner of Strategic Services, or a designate. Dispute resolution that impacts Information Governance will be resolved by the Common Clerk. Dispute resolution that impacts technology will be resolved by the Commissioner of Strategic Services. Disputes unresolved by the Common Clerk or Commissioner of Strategic Services will be resolved by the Senior Leadership Team. Governance roles, responsibilities, policies and processes will be outlined fully in the Open Data Policy. 5. IMPLEMENTATION The Framework will be implemented upon approval by Common Council. 6. OPEN DATA POLICY INSTRUMENTS Open Data Framework — provides a disciplined approach to manage data sets that is consistent across the City of Saint John Open Data Policy— a policy is a high level strategic statement, authorized by Common Council that dictates what type of position the organization has taken on specific issues. Approved policies are recognized by the City and business unit compliance is mandatory Directive — directives provide specific direction to the organization and derive their authority from the Open Data Policy. Open Data Governance Committee has the authority to develop and release Information Governance Directives. Compliance with directives is mandatory Standard — standards are requirements that support individual policies and directives and dictate uniform ways of operating. The Open Data Governance Committee has authority to develop and release Open Data Standards. Standards may be mandatory or optional as determined by the Committee. Guideline — guidelines represent recommended actions, general approaches and operational behaviors. Open Data guidelines may be mandatory or optional as determined by the Committee. They are often used as templates to write procedures. Guidelines support policy and directives by providing a "how to" approach Procedure — a procedure is a detailed step -by -step, task -level definition of actions required to achieve a certain result. The procedure answers the "How" question and is generally used in an operating environment 4 179 Open Data Governance Framework for the City of Saint John 7. INQUIRIES For more information on the Policy, please contact the Open Data Governance Committee. :/ 1. �r 5 Open Data Governance Framework for the City of Saint John APPENDIX "A" FRAMEWORK INFORMATION GOVERNANCE FRAMEWORK (REVIEWED BY SENIOR LEADERSHIP TEAM, NOT PRESENTED TO COMMON COUNCIL FOR ADOPTION) SHAREPOINT GOVERNANCE FRAMEWORK (REVIEWED BY SENIOR LEADERSHIP TEAM, NOT PRESENTED TO COMMON COUNCIL FOR ADOPTION) OPEN DATA FRAMEWORK (IN PROGRESS) POLICIES ACCESS POLICY (EXPIRED 2014- 08 -27) TRANSPARENT INFORMATION GOVERNANCE POLICY (EXPIRED 2014- 09 -24) INFORMATION SECURITY POLICY (EXPIRED 2014- 08 -27) OPEN DATA POLICY (IN PROGRESS) PRIVACY POLICY (EXPIRED 2014- 08 -27) SHAREPOINT GOVERNANCE POLICY (IN PROGRESS) SCDWP GOVERNANCE POLICY (NOT SIGNED OFF) SOCIAL MEDIA POLICY (STOPPED / NOT IN PROGRESS) VIDEO SURVEILLANCE POLICY (EXPIRED 2014- 08 -27) DIRECTIVES STANDARDS IMAGING REQUIREMENTS STANDARD (IN PROGRESS) GUIDELINES FORMS GUIDELINE PART 1: RTIPPA COMPLIANCE FORMS GUIDELINE PART 2: IM COMPLIANCE PROCEDURES IV 181 0 Attachment B: List of Internal and Community Stakeholder Workshop Participants and Feedback Internal Engagement Session Attendees: • Ray Robinson, SJ Energy • Ross Jefferson, DMO • Richard Smith, Saint John Parking Commission • Frank McCarey, Saint John Transit • Kent, McIntyre, Saint John Waterfront • Brian Malone, Saint John Police Force • Kevin Watson, Growth and Community Development • Kevin Rice, Transportation and Environment • Mike Hugenholtz, Parks and City Landscape • Hillary Nguyen, Finance and Admin • Stacey Forfar, Community Planning and Development • Trevor Gamblin, Facilities Management PM Team Members (delivered workshop): • Patricia Anglin • Lisa Caissie • Evelyn Hatfield • Jon Taylor Summary of Feedback - Open Data Internal /ABC Engagement Session — November 7th, 2014 A sub - committee comprised of members of the larger Open Data Project Team hosted representatives from across the City's service areas including the ABC's identified in the October 29th 2013 resolution of council along with some other members from our key ABC's. Workshop objectives included presenting the open data project, garnering support and identifying themes and datasets that might be included in a pilot. The group was supportive and identified linkages to other corporate initiatives including customer service and the One Stop Development Project. The group felt open data was a concept that could improve internal information sharing which in turn enables better service to the public. At times it was difficult for the group to discern between open data and open information but acknowledged that they were both components of open government and although not within the scope of the workshop, would most likely be a future objective. There were some concerns about technology and staffing but overall participants had no problems identifying some possible datasets that should and could be made available through a pilot initiative. Over 30 suggestions were made which could be grouped into categories such as: assets, permits /applications, financial data, plans, construction data, transit data, garbage collection, traffic counts, energy consumption, neighbourhood and community demographics, customer service metrics and various mapping related data. 182 Open Data Community Stakeholder Engagement Session Attendees: • Janet Scott, Enterprise Saint John (host /facilitator) • David Thomas, Enterprise Saint John • Shawn Peterson, T4G and Propertize.ca • Randy Hatfield, Human Development Council • Nick Scott, NB Social Policy Network & GovMakers Conference • Chris Boudreau, ClinicServer • Hemant Kumar, Province of New Brunswick (Opportunities NB) • Todd Price, Bell Aliant • Glenn Gnazdowsky, Bell Aliant • Nancy Tissington, Uptown Saint John • Rene Boudreau, New Brunswick Research and Innovation Council • Neil Jacobsen, City of Saint John • Brian Woods, City of Saint John PM Team Members: • Neil Jacobsen • Brian Woods Summary of Feedback - Open Data Community Stakeholder Engagement Session — October 29, 2014 Enterprise Saint John hosted a diverse group of community stakeholders on October 29, 2014 to share their views with respect to open data. The group represented a cross - section of not - for - profit, social, economic development and information technology stakeholders. The group provided constructive feedback with respect to the City's efforts to develop an open data policy, and offered to support the launch of a pilot implementation project. Key themes discussed during the meeting include how access to data is driving the global "big data" revolution, and the need for New Brunswick to be proactively engaged in the international open data movement. In particular, the City of Saint John can build off of its existing community partnerships and the work and expertise of its GIS Department. Open data supports the principle of open government (greater transparency and accountability), and has been proven to create new business and economic development opportunities. Open data encourages community -based collaboration, problem solving and innovation, and if used effectively will help address key community challenges. Data can also be used very effectively in areas such as neighbourhood planning and regional economic development, and will help break down internal government silos. Open data can be used to measure and improve citizen services, and reduce operating costs thought initiatives such as solutions - based procurement. In summary, good data drives good policy and informed decision making, particularly at the municipal government level (the front line in the delivery of community -based citizen services). Given New Brunswick's small population, the City of Saint John should cooperate with other urban centres in New Brunswick or Atlantic Canada to introduce common data sets. A regional East Coast open data strategy would provide scale and relevance. There is also a need to proactively engage local citizens and key community stakeholders with respect to data set needs. Data must be provided in a universally utilized and accessible format. Moving forward with the introduction of initial data sets is a critical first step — some data is better than no data. 183 Attachment C: Sample City of Saint John Open Data Portal Design Open Data Sj Portal Draft Design, Dec 17 2014 HE 2 Municipal Grants Applications available December 1 Holiday Hours AM 12- Dee -2014 Weekly Construction Report 11- Dec -2014 City road closures due to flooding 185 Damage & Liability Claim Garbage Schedules Maps & Air Photos Parking Safe Clean Drinking Saint 4' Cameras Traffic Calming %'Water Project Policy t Open Data SJ E eiits December 11, 2014 - January 4, 2015 FOSIL HUNTER: WILL MATTHEW & THE GIANT TRILOBITE. December 11, 2014 - January 4, 2015 FUTURE FOSSIL TOOLS: EARLY EXPLORATIONS. December 11, 2014 - January 4, 2015 FORMING A VISION: EXHIBITION AT THE NBM. December 17, 2014 A CHRISTMAS CELEBRATION! More events 3 ,la!*1frm 4.i -M-n by ay.li+r.p wtifi e+M e�wrfi Yom. 7!M,r+�ri ra +•� •- a .;.:. �� n, r, }. . �aiagic'Sarwws iA:Ltrnrr Frrt�rr+tiw'�- Trowswi t-be im Gnp-w* S rffrmr an* hAitWvfr v,,- o Mirk sari: 3W'ar wdba F+F Piz- a o 4 Fan=- : =it; Fall > Open Gat. S: Open Data SJ This is where the introductory text will go and details regarding the License Agreement, Official Language details, etc Classification Dataset Data set Details Date Posted Municipal Infrastructure Municipal Buildings A Download File x? Details on Municipal Buildings 2014 -09 -04 Parkino Facilities Download File Details on Parking Facilities 2014 -09 -03 Street Centreline Download File Details on Street Centreline 2044 -09 -04 Pi.iblic Safety Fire Stations = Download File Details on Fire Stations 2014 -09 -0.3 187 - -1-11-�--.-- ---- civ Kall w- - -7-- 6.. Dataict: Htmicipal Uuildings Attachment D: Existing and Proposed (2015) GIS Price Lists Attachment E: Council Presentation — March 2, 2015 :• Appendix B City of Saint John Digital Geographic Data Pricing Other GIS Products &Services Pricing Per map sheet / Scanned Products 1970's topographic maps $5 1920's city survey sheets $20 Historic aerial photos (unregistered and uncorrected) 510 First -time purchase Updates Per km2 Entire City Entire City Layer Topography Description 1 -meter interval elevation contours $30 $1,500 $500 Elevation mass points & breaklines $27 per tile $4,000 - VDAR elevation points $75 - Lakes - $150 Streams $150 Aerial Photography Current colour orthophotos $90 per tile $13,500 Current colour orthophotos (PDA area only -139 tiles) $9,000 Historic colour orthophotos $60 per tile $9,000 Geo- referenced oblique aerial photos $30 per photo $1,000 - Transportation / Addressing Street centrelines (including street address ranges) $30 $1,500 $500 Railroads - $150 $150 Bike routes $150 $150 Bus Routes $150 $150 Bus Stops $150 $150 Trails $150 $150 Parking lots - $150 $150 Individual civic numbers $30 $1,500 $500 Land Development Zoning $10 $500 $150 Future land use $10 $500 $150 Heritage conservation areas - $150 $150 Industrial parks $150 $150 Flood plain - $150 $150 Easements $20 $1,000 $250 Other Datasets Building footprints $150 $150 Points of interest $100 plus $10 per feature type - Postal forward sortation areas $100 Electoral wards $100 Municipal Boundaries $100 NOTE: All per km2 purchases (except orthophotos and mass points & breaklines) will incur a $100 processing fee, in addition to the cost of the data. Other GIS Products &Services Pricing Per map sheet / Scanned Products 1970's topographic maps $5 1920's city survey sheets $20 Historic aerial photos (unregistered and uncorrected) 510 Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division. Last updated Feb. 9, 2012. 190 Hardcopy maps 1: 15,000 street map $60 Street list $15 GIS Labour Per hour $100 Plotting Colour (per square foot) $5 Grayscale (per square foot) $3 Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division. Last updated Feb. 9, 2012. 190 City of Saint John Digital Geographic Products & Services Pricing Additional datasets, not listed above, may be made available in accordance with the City of Saint John Open Data policy. Last updated Feb. 20, 2015. 191 Per km2 Entire City Product / Service Elevation Mass Points & Breaklines $27 $4,000 Current Colour Orthophotos $90 $13,500 Historic Colour Orthophotos $60 $9,000 1: 15,000 Street Map with Official Street List $50 GIS Services (Hourly Rate) $100 Colour Large Format Plotting (per square foot) $5 Grayscale Large Format Plotting (per square foot) $3 A s part of the City of Saint John Open Data initiative, these products are available a t n o cost. LiDAR Elevation Points 1 -meter Interval Elevation Contours Lakes Streams Geo- Referenced Oblique Aerial Photos Street Centrelines Railroads Sidewalks Bike Routes Bus Routes Bus Stops Trails Parking Lots Parking Spaces Parking Meters Civic Addresses Zoning Future Land Use Intensification Areas Primary Development Area City Structure Rural Settlement Areas Heritage Conservation Areas Industrial Parks Flood Plain Floodway Easements Building Footprints Points of Interest Postal Forward Sortation Areas Municipal Electoral Wards Municipal Boundaries Neighbourhoods Sanitation Areas Business Improvement Area Evacuation Routes Evacuation Signs Emergency Management Units Fire Zones Parks Recreation Facilities Mobile Home Park Lots Scanned Historic Maps Scanned Historic Air Photos Additional datasets, not listed above, may be made available in accordance with the City of Saint John Open Data policy. Last updated Feb. 20, 2015. 191 SAINT JOHN Council Update — Open Data March 2, 2015 192 I Original Council Resolution During the October 28, 2013 meeting of Common Council, it was resolved to engage all City of Saint John departments, agencies, boards and commissions, including the Saint John Police, Power Commission of the City of Saint John and Saint John Water for input in the drafting of a City of Saint John Open Data Policy. It was further requested that the City Manager draft an open data policy that reflects the input received during the engagement process to be considered for adoption by Saint John Common Council and subsequently all departments, agencies, boards and commissions. 6 r• -� Page 2 Open Data Draft Policy 193 SAINT JOHN Open Data: is data that has undergone an Open Data Assessment, meets the requirements included in this Policy, and is listed in the Open Data Catalogue. Such Open Data is then made available to the public for copying, publishing, distribution, transmission and adaptation under the terms of the Open Government License. Open Government: a governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. The underlying theme of Open Government is transparency, including open data. info on open Data QPen Dialogue 601—i- Page 3 Open Data Draft Policy 194 SAINT JOHN Objectives 1. Review relevant Canadian municipal, provincial and federal government open data precedents and best practices. 2. Engage key City of Saint John service areas and agencies, boards and commissions for input into the development of a draft open data policy and supporting municipal open data governance structure. 3. Meet with key external open data stakeholders to assess open data interests and identify potential community -based open data guiding principles and supporting partnerships. 4. Assess the costs and benefits (business case) associated with implementing an open data initiative within the City of Saint John, including a pilot implementation phase. 5. Provide Council with recommendations with respect to an open data policy (and subsequent implementation of that policy). M!" Page 4 Open Data Draft Policy 195 SAINT JOHN rA I Project Team A cross functional team consisting of members from: • Common Clerk (Jonathan Taylor — Project Sponsor, Patricia Anglin and David Burke) • Strategic Services (Neil Jacobsen, Project Sponsor) • Corporate Planning (Evelyn Hatfield, Project Manager) • Information Technology (Brian Woods and Troy McGraw) • Communications (Lisa Caissie) • Geographic Information Systems (GIS) Service (Yves Leger) • City Manager's Office (Phil Ouellette) • City Solicitor Office (Scott Britain) • Additional project support from Enterprise Saint John (Janet Scott) t1 Page 5 Open Data Draft Policy 196 SAINT JOHN I Research and info gathering Formal project launch • Best practices review • City of Edmonton information exchange • Preliminary data set review and CSJ open data governance model • Preliminary policy framework • Engagement strategies • Project charter, schedule, team & roles • Initial lousiness case • Initial legal advice • Revi%v policy, governance and project implementation options • Internal, ABCand external engagement • NB open data conference • Draft business case • Council update • Final business case & recommendations • Council Report • Launcb pilot implementation phase (subject to Council approval & available resources) June 14' July 14' Aug 14' Sept 14' Oct I Dec 15' 2015 Nov 1.4' rr Page 6 Open Data Draft Policy 97 SAINT JOHN I Open Data Must Support Council Priorities: — Open and transparent government — Citizen focused service delivery — Effective community -based decision making — Foster local economic growth Open Data Must Meet City / Community Needs: — Multi - disciplinary (interdepartmental) approach — Build off of existing information / data management initiatives and success stories (GIS / CCO) — Peer learning with other municipalities, including Edmonton — Municipal and public sector best - practices — Support internal City of Saint John /ABC requirements — Community engagement & economic development partnerships In Addition to a Draft Open Data Policy, the Report Recommends a Pilot Implementation Project and Supporting Governance Structure Page 7 Open Data Draft Policy 198 SAINT JOHN I • Research — Global Open Government Movement: • Canada's Action Plan on Open Government • G8 Charter Commitments • US/ European Open Data Movements — Peer Learning: • Edmonton's Open City Initiative • Other Municipal Best Practices — Local, Regional & International Thought Leaders — Conferences: • Intelligent Cities Designation / T4G Big Data Congress I & 11 • 2014 Inaugural NB GovMakers Conference • 2014 Vancouver Open Data Summit (Top 10 Most Wanted Municipal Datasets) • 3rd International Open Data Conference (Canada is hosting) — Online Open Data Resources (i.e., Open.Canada.ca) t1 Page 8 Open Data Draft Policy 199 SAINT JOHN I • Open Data Guiding Principles — Primary Objectives: • Provide information to our citizens; • Improve our City and region's quality of life (supporting Council's Community of Choice Priority), and; • Foster new community -based economic development opportunities. • Stakeholder Engagement — Community Stakeholder — October 29th, 2014 — Internal and ABC — November 7th, 2014 — Strong engagement and support for the proposed open data initiative — Potential linkage with Enterprise Saint John and the Province's Big Data initiative r! "7- Page 9 Open Data Draft Policy 200 SAINT JOHN I • Open Data Business Case — Built on research, best practices and peer learning — Key impacts: • Improves quality of service • Improves citizen decision making and personal well being • Supports proactive disclosure • Enables creation of economic value • Builds trust and creates dialogue between government and the community • Increases accountability, public scrutiny and transparency • Aligns with global open data movement - most likely to become regulatory Page 10 Open Data Draft Policy 201 SAINT JOHN I • Policy and Governance Framework — Open by default` — Sustainability and relevance — Technical requirements OPfHDATA — Quality assurance, standards and oversight — Partner with ABCs and Community Stakeholders • Legal and Data Licensing — Based on Open Government License — Canada (developed through public consultation and collaboration of federal and some provincial governments) Page 11 Open Data Draft Policy 202 SAINT JOHN I • Pilot Implementation Phase — Implement policy governance recommendations — Work with City Departments and ABCs in launching the open data pilot project — Engage public / community stakeholders — Focus on populating six key pilot data categories (municipal planning, public safety, economic development, financial information, energy & utilities and recreation — direct link to the One Stop Development Shop initiative) — Assess the addition of new data sets on a monthly basis — Measure usage and open data resource requirements — Monitor municipal and public sector open data best practices — Organize a summer or fall tri -city (Fredericton - Moncton — Saint John) open data workshop Page 12 Open Data Draft Policy 203 SAINT JOHN • For the 2015 Open Data Pilot initiative, the City will leverage existing staff time and resources from the various contributing City Departments and external community partners — no incremental financial resources are being requested. • During the pilot implementation phase, basic datasets will be provided by the City of Saint John at no cost unless there is a tangible value -add component. This could result in the loss of up to $4300 /year in existing GIS Service revenues. • The GIS Service will continue to charge fees for value -added services such as orthophotography and derived elevation data, custom GIS service or mapping requests and large format plotting. • Over the longer -term, the City's move from reactive disclosure to proactive disclosure could yield meaningful operational savings. • Open data has been proven to contribute to the host region's economic potential. • In early 2016 staff will return to Council with a full review of the pilot project, including an assessment of the costs, benefits and return -on- investment (ROI) associated with introducing a permanent open data program. t1 Page 13 Open Data Draft Policy 204 SAINT JOHN I It is recommended that Common Council; 1. Approve the draft City of Saint John Open Data Policy, supporting governance structure and licence agreement as provided in Attachment A; 2. Approve the revised GIS Fee Schedule as provided in Attachment D; 3. Direct the City Manager to implement a pilot City of Saint John Open Data project in 2015 as recommended in this Report; and 4. Return to Council in early 2016 with a Report assessing the costs and benefits associated with a permanent Open Data Program. 601-i- Page 14 Open Data Draft Policy 205 SAINT JOHN Upon receiving Council's approval, we would: 1. Implement our recommended open data governance structure and revised GIS fee structure; 2. Finalize open data protocols for the pilot project; 3. Develop a citizen / community stakeholder engagement strategy as part of the pilot project launch; 4. Establish pilot project evaluation and ROI metrics; 5. Communicate the new open data policy to departments, agencies, boards and commissions; 6. Build the City's pilot open data portal; 7. Launch the pilot project and build our catalogue of valued open data holdings; and 8. Based on the outcomes of the pilot project, report back to Council with status and next steps (early 2016). t1 Page 15 Open Data Draft Policy 206 SAINT JOHN • sj Sample Portal • City of Edmonton Page 16 Open Data Draft Policy 207 SAINT JOHN REPORT TO COMMON COUNCIL M & C — 2015 -037 February 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Gas Tax Fund (GTF) — 2014 -2018 Capital Investment Plan (Ref. No. 6934.078.0000) City of Saint John At a meeting of Common Council held on August 18th, 2014, Council adopted a Five -Year Capital Investment Plan for the GTF Administrative Agreement (2014- 2018). The Capital Investment Plan included a listing of projects totaling $24,679,019 of which $24,424,019 in funding is being provided under the new Gas Tax Fund. Upon Council's approval, Staff has submitted the GTF Capital Investment Plan to the Province of New Brunswick. We have received a letter from Brian Kenny, Minister of Environment and Local Government, Province of New Brunswick advising that our submission has been approved. In order to receive the funds under this program, it is necessary for the Mayor and Common Clerk to sign the Agreement (copy attached). According to the Agreement, the City is required to deposit GTF funding it receives from New Brunswick and any interest earned thereon in a distinct account. M.* M & C — 2015 -037 -2- February 23, 2015 RECOMMENDATION: That the Common Council adopt the following resolution: RESOLVED THAT the City of Saint John enter into the "Agreement on the Gas Tax Fund with Local Governments ", between the City and Province of New Brunswick, as attached to the City Manager's report to Common Council in this matter dated the 23`d day of February, 2015 and received by Common Council at its Open Session Meeting held on March 2,a 2015; FURTHER BE IT RESOLVED THAT the Mayor and Common Clerk be authorized to execute the aforesaid Agreement. AND BE IT FURTHER RESOLVED THAT the Commissioner of Finance be authorized to open a new bank account in the name of the City of Saint John for the purpose of holding Gas Tax Funds. Respectfully submitted, Gregory J. {Yeomans, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CGA City Manager ONO 11'`I New %7.allouveau ana Brunswick Caa A GREEMENT ON THE GAS TAX FUND WITH LOCAL GOVERNMENTS made as of the 18th day of December 2014, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK, as represented by the Minister of Environment and Local Government ( "New Brunswick ") AND: THE CITY OF SAINT JOHN in the Province of New Brunswick ( "Local Government ") WHEREAS HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs ( "Canada ") and Her Majesty the Queen in Right of New Brunswick, as represented by the Minister responsible for the Regional Development Corporation and the Minister of Environment and Local Government entered into an Administrative Agreement respecting the roles and responsibilities of Canada and New Brunswick for the administration of the GTF under the Administrative Agreement on the Federal Gas Tax Fund effective April 1, 2014; and WHEREAS New Brunswick agrees to administer the Administrative Agreement on behalf of Canada and allocate to Local Governments any GTF funding that may be transferred by Canada under the Administrative Agreement for the purposes described in the Administrative Agreement; and WHEREAS the parties agree that any GTF funding allocated to Local Governments is to help New Brunswick communities build and revitalize their public municipal infrastructure that supports national objectives of productivity and economic growth, a clean environment and strong cities and communities; and THEREFORE, the parties agree as follows: This Agreement sets out the roles and responsibilities of New Brunswick and the Local Government for the administration of the GTF. Page 1 of 28 210 2. ANNEXES AND SCHEDULES The following annexes and schedules are attached to and form part of the Agreement: • Annex A: Definitions • Annex B: Terms and conditions, including: 1. Allocation of Funds 2. Delivery Mechanism 3. Eligible Project Categories 4. Eligible Expenditures 5. Capital Investment Plan 6. Projects and Costs 7. Records and Audits 8. Earned Interest 9. Legislative /Environmental Compliance and Licensing 10. Ownership 11. Best Practices 12. Tenders and Contracts 13. Ultimate Recipients 14. Incrementality 15. Reporting 16. Communications 17. Asset Management 18. Indemnity 19. General Schedule A. Eligible Project Categories Schedule B: Eligible and Ineligible Expenditures Schedule C: Reporting Schedule D: Communications Protocol Schedule E: Asset Management 3. DEFINITIONS Unless defined elsewhere in this Agreement, capitalized words used throughout this Agreement are defined in Annex A (Definitions). 4. ADMINISTRATION OF FUNDS FROM THE FEDERAL GAS TAX FUND 4.1 Any GTF funding that maybe transferred by New Brunswick to the Local Government, when transferred, will be administered bythe Local Government in accordance with this Agreement, including the terms and conditions set out in Annex B (Terms and Conditions). 4.2 Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Agreement and will no longer be governed by the terms and conditions of the previous Gas Tax Fund Agreement Contracts. Page 2 of 28 211 S. GENERAL 5.1 New Brunswick and the Local Government acknowledge the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the parties agree that the terms of this Agreement applicable to, or with respect to, Canada are for her sole benefit. 5.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Local Government or any Third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 5.3 This Agreement is subject to the Right to Information and Protection of Privacy Act. 5.4 If there is a conflict between this Agreement and the Administrative Agreement, the provisions of the Administrative Agreement will apply. 5.5 An information website by New Brunswick provides reference information regarding the GTF, including information such as the Administrative Agreement, the Capital Investment Plan template, and reporting templates: http: / /www2.gnb.ca/ content /gnb /en/ departments /elg /local_government /content /financial _ support/content /gas_tax— fund.htm I 6. DURATION, TERMINATION, AMENDMENT AND DEFAULT 6.1 This Agreement will be effective as of April 1, 2014, and will be in effect until March 31, 2024, unless New Brunswick and the Local Government agree to renew it. In the event where this Agreement is not renewed, any GTF funding and Unspent Funds, and any interest earned thereon held by the Local Government, that have not been expended on Eligible Projects as of March 31, 2024, will nevertheless continue to be subject to this Agreement until such time as may be determined by New Brunswick and the Local Government. 6.2 This Agreement maybe amended at anytime in writing as agreed to by New Brunswick and the Local Government. 6.3 This Agreement may be terminated at any time and for any reason by either New Brunswick or the Local Government on two (2) years written notice. In the event where this Agreement is so terminated, any GTF funding and Unspent Funds, and any interest earned thereon held by the Local Government, that have not been expended on Eligible Projects as of the date of termination will nevertheless continue to be subject to this Agreement until such time as may be determined by New Brunswick and the Local Government. Page 3 of 28 212 6.4 The Local Government will indemnify and save harmless each of Canada and New Brunswick and each of their respective ministers, servants, officers, employees and agents from and against all claims, liabilities, and demands of any kind with respect to any injury or death to a person, or damage to or loss or destruction of property, economic loss or infringement of rights by or arising directly or indirectly from: a) the Administrative Agreement and this Agreement; b) the performance of this Agreement or the breach of any term or condition of it by the Local Government, an Ultimate Recipient, its officers, servants, employees and agents, or by a Third Party, and any of its officers, employees, servants or agents; c) the ongoing operation, maintenance and repair of the Municipal Infrastructure resulting from the project(s); d) any omission or other wilful or negligent act of the Local Government, an Ultimate Recipient, a Third Party, their respective employees, officers, servants or agents. 6.5 The parties' rights and obligations respecting access to records, liability for projects, and retaining title will survive the expiry or early termination of this Agreement. 7.1 New Brunswick or the Local Government may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by either New Brunswick or the Local Government will not constitute a waiver. 8. CORRESPONDENCE 8.1 Any notice or communication authorized or permitted with respect to this Agreement shall be effectively given if: a) delivered by hand; or b) sent by letter; or c) sent by electronic mail; or d) sent by facsimile (FAX); or e) prepaid to the address or FAX number, as given in this Agreement. 8.2 Any notice or communication required or permitted by this Agreement to be made by the Local Government shall be provided to: Community Funding Branch Department of Environment and Local Government P.O. Box 6000 Fredericton NB E313 51-11 Phone (506) 457 -4947 Fax (506) 444 -2734 Email: GasTax.TaxeEssence @gnb.ca Page 4 of 28 213 8.3 Any notice or communication that is made by New Brunswick to the Local Government may be sent to the address indicated in the community profiles on New Brunswick's website, currently at: httP: / /www2.gnb.ca /content /gnb %en /departments /elgllocal_ govern ment /content /com munity_profiles /list.html SIGNATURES HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK Original signed by: ;�E- ole� Per: Minister of Enviro nt and Local Government %/ z a Date THE CITY OF SAINT JOHN Original signed by: Mayor Date AdtorRerk Date Local Government Seal Page 5 of 28 214 ANNEX A T��LIlE>iI•P►�� "Administrative Agreement" means the Administrative Agreement on the Federal Gas Tax Fund — Canada — New Brunswick which sets out the roles and responsibilities of Canada and New Brunswick for the administration of the GTF, including attached Annexes and Schedules. "Agreement" means the Agreement on the Gas Tax Fund with Local Governments entered into by New Brunswick and the Local Government which sets out the roles and responsibilities of New Brunswick and the Local Government for administration of the GTF, including the Annexes and Schedules attached hereto. "Annual Expenditure Report" means the duly completed annual report to be prepared and delivered by the Local Government to New Brunswick, as described in Schedule C (Reporting ). "Canada" means the Government of Canada, as represented by the President of the (queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affa i rs. "Capital Asset Management Plan" or "Capital Asset Management Plans" means a document that support integrated, lifecycle approaches to effective stewardship of infrastructure assets in order to maximize benefits, and manage risk. Plans can include: • an inventory of assets; • the condition of infrastructure; • level of service or risk assessment; • a cost analysis; • community priority setting; and, • financial planning. "Capital Investment Plan (CIPj" or "Capital Investment Plans (CIPs)" means a plan approved by Local Government Council and submitted by the Local Government to New Brunswick which includes a description of Eligible Projects for which the Local Government intends to use its GTF funding, and the outcomes and benefits the Local Government expects to achieve as a result of the Eligible Project. "Communication Party" or "Communication Parties" means Canada, New Brunswick, the Local Government and, if applicable, an Ultimate Recipient. "Contract" means an agreement between the Local Government and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. "Eligible Expenditures" means those expenditures described as eligible in Schedule B (Eligible and Ineligible Expenditures). "Eligible Projects" means projects as described in Schedule A (Eligible Project Categories) Page 6 of 28 215 "First Agreement" means the agreement for the transfer of federal gas tax revenues entered into on November 24, 2005 by the Government of Canada and New Brunswick, as amended on October 6, 2008, and on January 12, 2009, with an expiry date of March 31, 2015. "Fiscal Year" means the period beginning April 1 of a year and ending on March 31 of the following year for New Brunswick and Canada. "Fiscal Year Amount" means the annual transfer of funds received from Canada under the Administrative Agreement less any amounts as Canada has approved or may approve through a business case justifying such use of the funding for provincial administration expenses. "Gas Tax Fund (GTF) Agreement Contracts" means the agreements entered into by New Brunswick and the Local Government pursuant to the First Agreement. "GTF" means the Gas Tax Fund, a program established by the Government of Canada setting out the terms and conditions for the administration of funding that may be provided by Canada to recipients under section 161 of the Keeping Canada's Economy and lobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33, or any other source of funding as determined by Canada. "Incorporated Area" or "Incorporated Areas" means any municipality, rural community or regional municipality pursuant to the New Brunswick Municipalities Act. "Ineligible Expenditures" means those expenditures described as ineligible in Schedule B (Eligible and Ineligible Expenditures). "Local Government" means one or more municipality, rural community, regional municipality responsible for delivering local services in New Brunswick. "Local Government Fiscal Year" means the period for the Local Government beginning January 1 of a year and ending on December 31 of the same year. "Municipal Infrastructure" means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in New Brunswick. "Party" or "Parties" means New Brunswick and the Local Government, each a Party, collectively, the Parties. "Tangible Capital Assets" means non - financial assets having physical substance that: i. are held for use in the production or supply of goods and services for administrative purposes or for the development and construction of other tangible capital assets; ii. have useful economic lives extending beyond one year; iii. are to be used on a continuing basis; and, iv, are not for sale in the ordinary course of operations "Third Party" or "Third Parties" means any person or legal entity, other than Canada, New Brunswick, the Local Government or an Ultimate Recipient, who participates in the implementation of an Eligible Project by means of a Contract. Page 7 of 28 216 "Ultimate Recipient" means a non - municipal entity, including for profit, non - governmental and not - for - profit organizations, on the condition that a /the Local Government(s) has (have) indicated support for the project through a formal resolution of its (their) council(s). "Unincorporated Area" or "Unincorporated Areas" means an area or areas outside the territorial limits of a municipality, a rural community or a regional municipality, that is established as an unincorporated area. "Unspent Funds" means the amount reported as unspent by the Local Government in the 2013 Annual Expenditure Report (as defined under the First Agreement). Page 8 of 28 217 ANNEX B TERMS AND CONDITIONS 1. ALLOCATION OF FUNDS Any Unspent Funds held by New Brunswick and any GTF funding for Incorporated Areas that may be received by New Brunswick from Canada, as well as interest earned thereon, will be allocated annually as follows: a) Each Local Government will be allocated shares of any GTF funding for Incorporated Areas received from Canada, by dividing the Local Government's 2011 Statistics Canada Census population by the total 2011 Census population for all Local Governments and multiplying the resulting quotient by each Fiscal Year Amount. Beginning with Fiscal Year 2019 -20, allocations for any GTF funding received from Canada will be based on the 2016 Statistics Canada Census results. b) The portion of Unspent Funds distributed or committed to a Local Government or other recipient as approved under the First Agreement will remain allocated to the respective Local Government or other recipient. c) Interest earned on any Unspent Funds held by New Brunswick or on any GTF funding that New Brunswick may receive from Canada, shall be used only for the purposes of Eligible Projects in Unincorporated Areas. 2. DELIVERY MECHANISM 2.1 Payments to the Local Government shall not be made unless New Brunswick is in receipt of GTF funds from Canada. 2.2 New Brunswick will distribute any GTF funding received from Canada to the Local Government, in accordance with this Agreement and the Administrative Agreement. 2.3 The Local Government agrees that GTF funding shall be used only for Eligible Projects as identified in Schedule A to this Agreement and solely in respect of Eligible Expenditures as identified in Schedule B of this Agreement. 2.4 Any GTF allocation will be treated as federal funds with respect to other federal infrastructure programs. GTF funding may be used to pay up to 100 per cent of Eligible Expenditures of an Eligible Project. 2.5 New Brunswick may withhold all or a portion of a Local Government's annual payment when the Local Government's estimated allocation of GTF funding has not been triggered for payment by a Capital Investment Plan as per section 5. Page 9 of 28 I 3. ELIGIBLE PROJECT CATEGORIES Eligible Project categories under the GTF will continue to include the previous categories, and will include eleven new categories. Schedule A (Eligible Project Categories) lists and provides details regarding all Eligible Project categories. 4. ELIGIBLE EXPENDITURES Schedule B (Eligible and Ineligible Expenditures) sets out specific requirements for eligible and ineligible expenditures. 5. CAPITAL INVESTMENT PLAN 5.1 The Local Government agrees to submit two Capital Investment Plan (CIP) in a format, as determined by New Brunswick, which includes the information consistent with the requirements of the Administrative Agreement, and to work in collaboration with New Brunswick for the first CIP, for the period 2014 -2018, to be approved by December 31, 2017 and the second CIP, for the period 2019 -2023, to be approved by December 31, 2022. 5.2 The Local Government will submit CIPs approved by the Local Government Council with projects totaling all of its estimated allocation. The CIPs will be reviewed by New Brunswick for project eligibility. Once approved by New Brunswick, the Local Government will be advised, in writing, of the approval of the CiPs. 5.3 The CIPs may be modified, with the approval of New Brunswick, if the Local Government's priorities change. Projects that have not been started can be modified or removed, and new projects can be added, provided that the Local Government has indicated its support through a formal resolution of its council. Changes in expenditures do not require council resolution if the total CIP contribution is rebalanced with other approved projects. 5.4 The GTF allocation is triggered for payment when New Brunswick approves a CIP submitted by the Local Government for the period and that the present Agreement is signed. 5.5 The Local Government shall not alter the scope of a CIP without the prior written consent of New Brunswick. 5.6 The Local Government shall inform New Brunswick promptly in writing of any reduction in approved CIP costs or of any additional financial assistance, including federal, provincial, municipal or third party assistance, with respect to an approved CIP, and New Brunswick shall have the right to adjust the amount of the funds applicable to that CIP to take into account the amount of any such additional assistance that is to be received. Page 10 of 28 219 6. PROJECTS AND COSTS The Local Government agrees to_ 6.1 Use funds only for the purpose of paying for Eligible Expenditures incurred with respect to Eligible Projects. 6.2 Be responsible for the completion of each Eligible Project in accordance with Schedule A (Eligible Project Categories) and Schedule B (Eligible and Ineligible Expenditures). 6.3 Acknowledge that in the event that any funds received by the Local Government are not used for the purpose of paying for Eligible Expenditures with respect to Eligible Projects, the Local Government shall disburse equivalent funds towards Eligible Expenditures with respect to Eligible Projects approved by New Brunswick. 6.4 The Local Government will be responsible for cost overruns if the actual total cost of the approved CIP exceeds the Local Government's estimated total allocation of funds. 7. RECORDS AND AUDIT The Local Government agrees to: 7.1 Keep proper and accurate accounts and records in respect of all Eligible Projects for at least six (6) years after completion of the Eligible Project and, upon reasonable notice, make them available to Canada and New Brunswick. 7.2 Deposit, in a distinct account, GTF funding it receives from New Brunswick and any interest earned thereon in advance of it paying Eligible Expenditures. 7.3 Allow Canada or New Brunswick reasonable and timely access to all of its documentation, records and accounts and those of their respective agents or Third Parties related to the use of GTF funding and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by Canada or New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 8. EARNED INTEREST 8.1 If funds are paid by New Brunswick to the Local Government in advance of the Local Government incurring Eligible Expenditures, invest such funds in accordance with Part 11- Investments of the Trustee's Act, 8.2 The local Government will ensure that any earned interest on funds invested is used only for the purpose of paying for Eligible Expenditures incurred with respect to Eligible Projects. Page 11 of 28 220 9. LEGISLATIVE /ENVIRONMENTAL COMPLIANCE AND LICENSING The Local Government agrees to: 9.1 Comply with the laws of the Province of New Brunswick. 9.2 Comply with all legislated environmental assessment requirements and commit that no funds will be expended on Eligible Projects until all environmental assessment and legislative requirements have been met. a) Disclose any environmental issues or concerns relating to the project(s) that are applicable to the Canadian Environmental Assessment Act, the Clean Environment Act (New Brunswick) and the Environmental Impact Assessment (EIA) Regulation (New Brunswick Regulation 87 -83) under the Clean Water Act (New Brunswick). The EIA regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment priorto any work on the actual project beginning. b) Agree that all certificates, consents, permits, licenses and approvals required for compliance with applicable legislation have been or will be obtained; that the Local Government will otherwise comply with the requirements of such legislation; and will comply with any mitigating measures identified through the environmental impact assessment process. 9.3 Obtain all necessary licenses, permits, and approvals required for the approved CIP by applicable legislation, regulations and by -laws. 9.4 Comply with all applicable labour and human rights legislation and standards. 10. OWNERSHIP The Local Government will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 11. BEST PRACTICES The Local Government agrees to ensure that, on any Eligible Project, the work shall be carried out in accordance with the rules, regulations and laws governing such works and in accordance with the best general practices then current at the time of construction of the project. Page 12 of 28 221 12. TENDERS AND CONTRACTS 12.1 With respect to Contracts, the Local Government will award and manage all Contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, such as the Public Purchasing Act, 12.2 The Local Government will be responsible for arranging the engineering design, calling of public tenders and awarding of the Contract to the successful bidder, and overall management of the contract. 12.3 The Local Government will act in accordance with the requirements of Schedule B, Section 1.2 if the Local Government chooses to utilize its employees and equipment for the project. 12.4 The Local Government agrees to include the following clauses in any Contracts to construct or supply materials for projects funded in whole or in part by the funds: "Indemnification The Contractor agrees to indemnify and save harmless Canada, New Brunswick, the Local Government, their officers, servants, employees, or agents from and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever .� brought or p,&�ed in any manner based upon, or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: a) the Agreement between New Brunswick and the Local Government required pursuant to the Administrative Agreement on the Federal Gas Tax Fund entered into between Canada and New Brunswick; b) the performance of a contract or the breach of any term or condition of it by the Contractor, its officers, servants, employees, or agents; or c) any omission or other wilful or negligent act of the Contractor, a Third Party, their respective employees, officers, servants or agents. "; and "No Agency The Contractor agrees that nothing in the Agreement between New Brunswick and the Local Government required pursuant to the Administrative Agreement on the Federal Gas Tax Fund entered into between Canada and New Brunswick is to be construed as authorizing the Contractor or any Third Party to contract for or to incur any obligation on behalf of the Local Government, New Brunswick or Canada or to act as agent for them." Page 13 of 28 222 13. ULTIMATE RECIPIENTS 13.1 The Local Government may use GTF funding to fund non - municipal entities (the Ultimate Recipient) for Eligible Projects, provided that W such funding is supported by resolution of council, and (ii) the Local Government enters into an agreement with the Ultimate Recipient wherein this agreement the Ultimate Recipient is bound by the obligations, terms and conditions set out in this Agreement insofar as it is applicable to the funded Project. 13.2 Ultimate Recipients shall respect Schedules "A ", "B" and "D ". The Local Government shall provide information required by Schedule "C" for all the allocation, including the funds for the eligible projects to non - municipal entities. 14. INCREMENTALITY 14.1 Any GTF funding that the Local Government may receive from New Brunswick is not intended to replace or displace existing sources of funding for municipal tangible capital expenditures. 14.2 The Local Government agrees that the funding provided under the GTF is to be incremental to the base amount of Municipal Infrastructure expenditures by the Local Government and agrees to strive to match or surpass base amounts indicated in the Gas Tax Fund Agreement Contracts. The Local Government's base amount means the average of spending by the Local Government on Municipal Infrastructure for the five years between January 2001 and December 2005 as submitted in the Local Government's 2005 -2009 Capital Investment Plan, 15. REPORTING The Local Government will provide to New Brunswick: a) an Annual Expenditure Report JPart I and Part II) reporting on expenditures as well as project -level information, b) an Outcomes Report indicating progress and results of the GTF in order to demonstrate overall GTF progress toward the national objectives, and c) a Project Announcement Planning Report for the purpose of planning project announcements. Schedule C (Reporting) sets out the specifics regarding the reporting requirements. 16. COMMUNICATIONS This Agreement formalizes clear requirements to support communications objectives. Schedule D (Communications Protocol) sets out specific communications requirements, including: • providing upfront project information on an annual basis for communications purposes; • including the federal government in local project communications; and • installing project signs. Page 14 of 28 223 17. ASSET MANAGEMENT The Local Government is to develop and /or implement a Capital Asset Management Plan in accordance with Schedule E (Asset Management) prior to December 31, 2017. 18. INDEMNITY The Local Government will ensure that it will not, at any time, hold the Government of Canada or New Brunswick, its officers, servants, employees or agents responsible for any claims or losses of any kind that they, Ultimate Recipients, Third Parties or any other person or entity may suffer in relation to any matter related to GTF funding or an Eligible Project and that they will, at all times, compensate the Government of Canada or New Brunswick, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to GTF funding or an Eligible Project. 19. GENERAL The Local Government agrees to: 19.1 Ensure its actions do not establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer - employee relationship in any way or for any purpose whatsoever between Canada and the Local Government, or between Canada and an Ultimate Recipient, or between Canada and a Third Party, or between New Brunswick and the Local Government, or between New Brunswick and an Ultimate Recipient, or between New Brunswick and a Third Party. 19.2 Ensure that it does not represent itself, including in any agreement with an Ultimate Recipient or a Third Party, as a partner, employee or agent of Canada, or as a partner, employee or agent of New Brunswick. 19.3 Ensure that no current or former public servant or public office holder to whom any post - employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from GTF funding, Unspent Funds, and interest earned thereon, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 19.4 Agree that the requirements of this Annex B which, by nature, should extend beyond the expiration or termination of this Agreement, will extend beyond such expiration or termination. Page 15 of 28 224 SCHEDULE A — Eligible Project Categories Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories: 1. Broadband connectivity— infrastructure that provides internet access to residents, businesses, and /or institutions in Canadian communities. 2. Brownfield Redevelopment - remediation or decontamination and redevelopment of a brownfield site within municipal boundaries, where the redevelopment includes: a. the construction of public infrastructure as identified in the context of any other category under the GTF, and /or; b. the construction of municipal use public parks and publicly -owned social housing. 3. Capacity building —includes investments related to strengthening the ability of Local Governments to develop long -term planning practices. 4. Community energy systems — infrastructure that generates or increases the efficient usage of energy. 5. Cultural Infrastructure — infrastructure that supports arts, humanities, and heritage. 6. Disaster mitigation —infrastructure that reduces or eliminates long -term impacts and risks associated with natural disasters. 7. Drinking water— infrastructure that supports drinking water conservation, collection, treatment and distribution systems. 8. Highways— highway infrastructure. 9. Local roads and bridges — roads, bridges and active transportation infrastructure (active transportation refers to investments that support active methods of travel. This can include: cycling lanes and paths, sidewalks, hiking and walking trails). 10. Public transit — infrastructure that supports a shared passenger transport system which is available for public use. 11. Recreational Infrastructure — recreational facilities or networks. 12. Regional and local airports — airport- related infrastructure (excludes the National Airport System). 13. Short -line rail — railway related infrastructure for carriage of passengers or freight. Page 16 of 28 225 14. Short -sea shipping — infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 15. Solid waste — infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. 16. Sport Infrastructure — amateur sport infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior hockey teams (ex. Junior A)), 17. Tourism Infrastructure — infrastructure that attract travelers for recreation, leisure, business or other purposes. 18. Wastewater — infrastructure that supports wastewater and storm water collection, treatment and management systems. Note: Investments in health infrastructure (hospitals, convalescent and senior centres) are not eligible. Page 17 of 28 226 SCHEDULE B — Eligible and Ineligible Expenditures 1, Eligible Expenditures 1.1 Eligible Expenditures of the Local Government will be limited to the following: a) the expenditures associated with acquiring, planning, designing, constructing or renovating a tangible capital asset, as defined by generally accepted accounting principles, and any related debt financing charges specifically identified with that asset; b) for capacity building category only, the expenditures related to strengthening the ability of Local Governments to improve local and regional planning including Capital Investment Plans, integrated community sustainability plans, life -cycle cost assessments, and Capital Asset Management Plans. The expenditures could include developing and implementing: i. studies, strategies, or systems related to asset management, which may include software acquisition and implementation; ii, training directly related to asset management planning; and, ill. long -term infrastructure plans. c) the expenditures directly associated with joint communication activities and with federal project signage for GTF- funded projects. 1.2 Employee and Equipment Costs: The incremental costs of the Local Government's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: a) the Local Government is able to demonstrate that it is not economically feasible to tender a contract; b) the employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and c) the arrangement is approved in advance and in writing by New Brunswick. 2. Ineligible Expenditures The following are deemed Ineligible Expenditures: a) project expenditures incurred before April 1, 2005; b) project expenditures incurred before April 1, 2014 for the following investment categories. i. highways; ii. regional and local airports; iii, short -line rail; iv. short -sea shipping; V. disaster mitigation; vi. broadband connectivity; Page 18 of 28 227 A. brownfield redevelopment; viii. cultural infrastructure; ix. tourism infrastructure; X. sport infrastructure; and A recreational infrastructure. c) the cost of leasing of equipment by the Local Government, except as provided for under subsection 1.2, above, any overhead costs, including salaries and other employment benefits of any employees of the Local Government, direct or indirect operating or administrative costs of the Local Government, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; d) taxes for which the Local Government is eligible for a tax rebate and all other costs eligible for rebates; e) purchase of land or any interest therein, and related costs; f) legal fees; and g) routine repair and maintenance costs. Page 19 of 28 228 SCHEDULE C — Reporting Reporting requirements consist of an Annual Expenditure Report (AER), an Outcomes Report, and a Project Activity Report, which will be submitted to the Department for review and acceptance. The reporting year is January 1 to December 31. 1. Annual Expenditure Report (AER) By May 1st of each year, the Local Government will provide to the Department an Annual Expenditure Report consisting of two tables (Part I and Part ll) submitted in accordance with the following templates: 1.1 Annual Expenditure Report (Part 1) The Annual Expenditure Report (Part I) table will be submitted by May 1 each year in accordance with the following template, available as an Excel spreadsheet on the New Brunswick GTF website. Gas Tax Fund (Enter legal name of the Local Government) (Enter year) Annual Expenditure Report (Part I) (20142018 or 2019 -2023) GTF Capital Investment Plan Year 1) Opening balance of unspent GTF funding $0 2) Amount received from Province under the GTF in (Enter year) $0 3) Annual base amount specific to (Enter year) t1] $0 4) Amount spent on approved projects under the GTF in (Enter year) $0 5) GTF amount held at year end to be paid for approved projects $0 6) Interest earned from amounts received under the GTF $0 [1] The total of all ordinary capital investments made by the Local Government for the year reported on. Only the municipal share of any capital investments made during the year should be part of the calculation. Please note that the GTF contribution must be excluded ofthe calculation when GTF projects are included. All extraordinary capital expenditures must be excluded from the calculation. I, _ , certify that the figures indicated in Part I and Part II of this Annual Expenditure Report are accurate and final for the year in question. (Signature) Clerk Page 20 of 28 229 GTF Annual Expenditure Report (Part i) — Guidelines Line 1: For the 2014 AER, the opening balance should be $0 unless you have unspent GTF funds from Phase I and /or Phase 11 of the First Agreement. For the 2015 AER and on, indicate the amount for Line 5 of your previous AER. Line 2: Indicate the GTF amount received from the Province for the year (January 1st to December 31st) in question. Line 3: Indicate your municipal ordinary capital spending amount for the year in question. This amount should ideally exceed your base amount calculation submitted in your 2005 -2009 Capital Investment Plan. Line 4: Indicate the GTF total spent on all projects for the year (January 1st to December 31st) in question. It should equal the total of the GTF Contribution column of Part 11. Line 5: This line is the closing balance and is calculated automatically. It is the sum of line 1 and 2 minus line 4. It shows the GTF amount left to be spent or overspent (negative figure) under 2014 -2018 or 2014 -2013. Line 8: Report the interest earned during the reporting year on the balance of the GTF money left in your account. Page 21 of 28 230 C1 c E L 0 U m C L U m -I f6 a� LL. -le V) c 4 CO t.' Q i O +C+ a c � O I� L1 GJ 4 Ln a a x W w tC u C LLI Q C svi m ai G CL a E W � f� d w .0- - a+ f0 L 3 � C #, N r-I C d C m 0 0 LL u H � J C� 3 y_ LL O X y h2- E m t W to Q n� r r W O fl. m ae 07 L `m CL 'c c0 G C C O X O W LL r- " ro 'm N FO- la- u O G 0 G il!• C Q A4 LL ` 0� J •c v w CL cu t7 — (C L N C ' v T a z 3 co m cq 0) (D U Y 4) C O U `p d O C 0 0 v a hd- ++ y C r`o ry c d m [1 �. N rY O O Z: H L ca 3 L U N U 0 Q L w 0 .F+ tn LU m > 'r 4i $ Q 4' a4C t R9 V a L vt�~ � o 0 0 c. U O g a =. 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Outcomes Report The Outcomes Report will be submitted by May 1 each year in accordance with the following template, available as a Word document on the New Brunswick GTF website, Gas Tax Fund (GTF) ENTER THE LEGAL NAME OF THE LOCAL GOVERNMENT (Enter year) Annual Outcomes Report Project Name Progress Results Start Date End Date % of Work Update Achieved (yyyy- mm -dd) (yyyy- mm -dd) Completed Measurables (Enter year) j 2014 -2018 Capital 12019-2023 Capital [1] Date when the first contract of a ,project is awarded (ex: to a consultant for design or a contractor for construction) or when material is first purchased. [2] Cate when the last invoices have been received. If the date is not yet known, please leave the space empty. Performance indicators of results to be achieved will be communicated by New Brunswick. The outcome reports will be summarized and included in a provincial report required by Canada regarding the use of the funds made available to New Brunswick through the GTF Agreement. Page 23 of 28 232 Project Announcement Planning Report The Project Activity Report, which will be used to plan project announcements, will be submitted by May 1 each year in accordance with the following template, available as a Word document on the New Brunswick GTF website. Gas Tax Fund (GTF) ENTER THE LEGAL NAME OF YOUR LOCAL GOVERNMENT (Enter year) Project Announcement Preparation Report Is at least one project expected to start or end this year? Yes/ No When "yes ", please fill the table below: Project Name [1] Is project Beginning Gate Finishing Date GTF Costs Overall beginning, (yyyy- mm -dd) (yyyy- mm -dd) this Year Project finishing or [2] 131 [4] Cost both? [5] (Beginning/ Finishing/ Both) (Enter year) [1] Indicate only projects that will start or end this calendar year [2] Date when equipment is expected to break ground or when workers are first expected to be on site. If the project was started before this year, leave the space empty. [3] Date when a project is expected to reach substantial completion (ex: constructed water main is operational). Minor work may still be required at that time. If the project will not be substantially completed this year, leave the space empty. [4] Estimated GTF money to be spent on the project this year. [5] Estimated total cost of the project, including funds from all sources. 4. General 4.1 Reports must be in the format and include the content as determined by New Brunswick, consistent with the requirements of the Administrative Agreement. Page 24 of 28 233 SCHEDULE D — Communications Protocol 1. Purpose 1.1 The provisions of this Communications Protocol apply to all communications activities related to any GTF funding, including allocations, and Eligible Projects funded under this Administrative Agreement. Communications activities may include, but are not limited to, public or media events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, awards programs, and multi -media products, 1.2 Through collaboration, New Brunswick and the Local Government agree to work to ensure clarity and consistency in the communications activities meant for the public. 2. Collaboration for communications New Brunswick and the Local Government agree to work in collaboration when communicating project information, including the provision of upfront project information, project signage, and planned communications activities. 3. Inform New Brunswick on allocation and intended use of GTF funding for communications planning purposes 3.1 The Local Government agrees to provide to New Brunswick upfront information on planned Eligible Projects and Eligible Projects in progress on an annual basis by May 1 with a report as described in Schedule C (Reporting), section 3. 3.2 New Brunswick and the Local Government agree to ensure the most up -to -date Eligible Project information is available to New Brunswick to support media events and announcements for Eligible Projects by Canada or New Brunswick. 4. Project signage 4.1 Canada, New Brunswick and either the Local Government or the Ultimate Recipient may each have a sign recognizing their contribution to Eligible Projects. 4.2 At Canada's or New Brunswick's request, the Local Government or the Ultimate Recipient will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content, and installation guidelines will be provided by Canada. Federal signs must be installed one month before the construction start date and remain installed until one month after construction is completed. When removed, the sign shall be kept in good condition until the end of the Agreement for potential reuse. 4.3 Where New Brunswick, the Local Government or an Ultimate Recipient decides to install a permanent plaque or other suitable marker with respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project(s) and be approved by Canada. Page 25 of 28 234 4.4 New Brunswick is responsible for the production of Eligible Project signage requested by Canada or New Brunswick, and the Local Government is responsible for the installation, or as otherwise agreed upon. The Local Government or the Ultimate Recipient is responsible for the production and installation of Eligible Project signage when the request is initiated by the Local Government or the Ultimate Recipient. 4.5 The Local Government agrees to inform New Brunswick of signage installations on a regular basis. S. Media events and Announcements for Eligible Projects 5.1 New Brunswick and Local Government agree that there may be regular announcements of Eligible Projects that are benefiting from GTF funding that may be provided by Canada. Key milestones may be marked by public events, news releases and /or other mechanisms. 5.2 Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. 5.3 Canada, New Brunswick, the Local Government or the Ultimate Recipient may request a media event. 5.4 Media events related to Eligible Projects will not occur without the prior knowledge and agreement of Canada, New Brunswick, the Local Government and the Ultimate Recipient. 5.5 The requestor of a media event will provide at least 15 working days notice to other Communication Parties of their intention to undertake such an event. The event will take place at a mutually agreed date and location. Canada, New Brunswick and either the Local Government or the Ultimate Recipient will have the opportunity to participate in such events through a designated representative. Canada, New Brunswick and either the Local Government or the Ultimate Recipient will choose their own designated representative. 5.6 The conduct of all joint media events and products will follow the Table of Precedence for Canada as outlined at http:l/www.pch.gc.ca/pgm /ceem- cced /prtcl /precedence- eng.cfm. 5.7 All joint communications material related to media events must be approved by Canada and recognize the funding of the parties. 5.8 All joint communications material must reflect Canada's policy on official languages and the federal identity program, 6. Program communications 6.1 Canada, New Brunswick and either the Local Government or the Ultimate Recipient may include messaging in their own communications products and activities with regard to the GTF. Page 26 of 28 235 6.2 The Communication Party undertaking these activities will provide the opportunity for the other Communication Parties to participate, where appropriate, and will recognize the funding of all contributors. 6.3 Canada, New Brunswick, the Local Government and the Ultimate Recipient agree that they will not unreasonably restrict the other Communication Parties from using, for their own purposes, public communications products related to the GTF prepared by Canada, New Brunswick, the Local Government or the Ultimate Recipient, or, if web - based, from linking to it. 6.4 Notwithstanding Section 5 of this schedule (Communications Protocol), Canada retains the right to meet its obligations to communicate information to Canadians about the GTF and the use of funding through communications products and activities. 7. Operational Communications 7.1 The Local Government is solely responsible for operational communications with respect to Eligible Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official language policy. 7.2 The Local Government and the Ultimate Recipient will share information promptly with New Brunswick should significant emerging media or stakeholder issues relating to an Eligible Project arise. Canada and New Brunswick will advise the Local Government and the Ultimate Recipient, when appropriate, about media inquiries received concerning an Eligible Project. S. Communicating Success Stories New Brunswick agrees to facilitate communications between Canada, the Local Government and the Ultimate Recipient for the purposes of collaborating on communications activities and products including but not limited to Eligible Project success stories, Eligible Project vignettes, and Eligible Project start -to- finish features. 9. Advertising campaigns Recognizing that advertising can be an effective means of communicating with the public, Canada, New Brunswick, the Local Government or the Ultimate Recipient may, at their own cost, organize an advertising or public information campaign related to the GTF or Eligible Projects. However, such a campaign must respect the provisions of the Administrative Agreement. in the event of such a campaign, the sponsoring Communication Party agrees to inform the other parties of its intention, and to inform them no less than 21 working days prior to the campaign launch. Page 27 of 28 236 SCHEDULE E —Asset Management Infrastructure management benefits are: • Maximize the effectiveness of public investment in Municipal Infrastructure; • Improve the ability to anticipate New Brunswick's Municipal Infrastructure funding needs; • Improve the capacity for, and quality of, local decisions with respect to the acquisition, operation and maintenance of Municipal Infrastructure; and • Increase the useful life of Municipal Infrastructure assets. The Local Government will: 1. undertake asset management planning which will be achieved through the development of a Capital Asset Management Plan; and, 2. submit the Capital Asset Management Plan to New Brunswick by December 31, 2017 Each Capital Asset Management Plan will include, at a minimum the following information: An inventory of infrastructure assets, including but not limited to Municipal Infrastructure funded under the First Agreement and /or this Administrative Agreement; • An assessment of the physical condition of the infrastructure asset; and, A list of priorities for life cycle management based on the Local Government's needs and planning. A proposed format or template may be communicated at a later date by New Brunswick to the Local Government. Page 28 of 28 237 REPORT TO COMMON COUNCIL M &C 2015 -38 February 25, 2015 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, SUBJECT: RATIFICATION OF INTERVENOR APPLICATION FOR NATIONAL ENERGY BOARD (NEB) ENERGY EAST PROJECT HEARING PURPOSE a; The city of Saint John The purpose of this report is to seek Council ratification of the filing of the City of Saint John's application for Intervenor status to the National Energy Board (NEB)'s upcoming Energy East Project hearing (refer to Attachment A). BACKGROUND Details on the Energy East Project and the anticipated National Energy Board hearing process were provided in a previous report to Council dated February 2, 2015 (refer to Attachment B). At that time, Council approved a resolution to seek formal intervenor status for the upcoming Energy Board hearings to be held in relation to the Energy East Project. A project review and planning team has been established to provide coordination and advice to Council on the project with leadership provided by the Commissioner, Growth and Community Development Services; the City's Fire Chief / Director SJEMO; and Commissioner, Strategic Services, with on -going support from the City Solicitor's Office, Common Clerk and City Manager's Office. In preparation for the upcoming submission to the National Energy Board, the project team has undertaken research on the process including direct engagement with NEB representatives and expert advisors and review of NEB's online resources which outline the requirements of the "Application to Participate" as an Intervenor in the NEB process. As the project moves forward, the team will continue to conduct research and engage with key stakeholders and advisors to build expertise and capacity in -house to support Council on the requirements of the NEB process. 238 Report to Common Council ANALYSIS March 2, 2015 Page 2 The City's application for Intervenor status which was filed as part of the National Energy Board process for the Energy East Project is included as Attachment A to this report. The requirements dictate that the application is limited to a maximum of 500 words and address the rationale for the applicant being granted status to participate as an Intervenor in the upcoming Energy Board hearing process. It is necessary for the submission to address the City's interests as it relates to the specific "List of Project Issues" to be evaluated by the National Energy Board. At this stage in the process, the City is not required to take any positions on the Energy East Project. The "List of Project Issues" (16) within the jurisdiction of the Board is included in Attachment B of the February 2, 2015 Council report. The recommended application for the City of Saint John addresses eight of these issues under the following broad themes: • optimizing local economic, social and community benefits; • land use planning authority including managing / mitigating project risk; • public safety planning, preparedness and response; and • on -going engagement to ensure long -term community sustainability over the lifespan of the project. City staff continues to engage the project proponents (TransCanada and Irving Oil) through direct and indirect means, including one -on -one meetings, attending public information sessions, representation on the Saint John True Growth Energy East Partners' Forum and on the recently established Energy East Community Liaison Committee. The Project partners have been advised of the City's intentions to seek formal Intervenor status. The forthcoming NEB Hearing process provides an opportunity for the City of Saint John to present evidence to a NEB Board Panel. The hearing process represents a critical opportunity to develop and present a strong and unified position with respect to (1) the optimization of community benefits, and (2) the mitigation of project risks. Should the City of Saint John be successful in its application for Intervenor status, the City will have the right to present evidence, actively participate in the hearing process and cross - examine the project applicant and other Intervenors. Based on the previous direction of Council, staff recommends that Common Council ratify the City of Saint John's application to seek formal Intervenor status in the National Energy Board process. A copy of the application was submitted on -line to the NEB on February 24th 2015 to ensure the application was received well in advance of the March Td 2015 deadline. 239 March 2, 2015 Report to Common Council Page 3 FINANCIAL CONSIDERATIONS Active participation by the City of Saint John in the forthcoming NEB Energy East hearing will require a significant internal resource commitment and a coordinated planning and engagement approach by a senior project review and planning team. It is recommended that the City commence the process of retaining legal counsel who would be available to provide assistance in the event it appears there will be concerns from the City's perspective still outstanding with the Applicant as the hearing before the NEB begins. The City Solicitor's office will be responsible for identifying, screening and securing external regulatory (legal) expertise using appropriate City of Saint John procurement procedures. Additionally, as the process unfolds it might be determined that other external, subject matter expertise will be necessary to augment internal resources in order to support the City's position before the Board in which case recommendations in that regard will be brought to Council. RECOMMENDATIONS FOR COUNCIL That Council adopt the following resolution: RESOLVED that Common Council ratify the filing with the National Energy Board of the City's application for Intervenor Status respecting the proposed Energy East Project, which application was submitted on the 24th day of February 2015 and a copy of which accompanied the City Manager's correspondence to the Common Council on this matter which correspondence is dated the 25th day of February 2015. ATTACHMENTS Attachment A: City of Saint John Application to the National Energy Board - Energy East Project Intervenor Status Attachment B: Council report dated February 2, 2015 re Recommendation to Seek Formal Intervenor Status in the Forthcoming National Energy Board (NEB) Energy East Project Hearing 240 Report to Common Council Respectfully submitted, Kevin Clifford, BBA, CFO Fire Chief / Director SJEMO City of Saint John -Ad. Neil Jacobsen, Commissioner, Strategic Services J. Patrick Woods, CGA City) Manager City of Saint John March 2, 2015 Page 4 t Jacq eline Hamilton, MCIP, RPP Commissioner, Growth and ` --:immunity Development Services John Nugent, City Solicitor 241 March 2, 2015 Report to Common Council Page 5 Attachment A: City of Saint John Application to the National Energy Board - Energy East Project Intervenor Status 242 Filing Date: 1� A A r National Energy Office national Board de I'energie Application to Participate Dearing Information Project Name: Energy East Project and Asset Transfer Company: Energy East Pipeline Ltd. File Number: OF- Fac- Oil -E266- 2014 -0102 am Applying as: O An Individual O Authorized Representative on Behalf of an Individual O A Group Select which one best describes your group: O Company O Association (Special Interest Group) O Aboriginal O Federal Government O Provincial Government O Territorial Government O Municipal Government O Others My group is an organization that will represent its own interests O My group is a collection of individuals with common interest Contact Information: S17 Tenth Avenue SW Calgary, Alberta T211 oA8 517, Dixifine Avenue S. -O. �+E Calgary, ry, (Alberta) T2R CA8 � r � • CULrr11,, Telephone/Tdl4phone : (403) 292 -480o Facsimile/Tdkopleur : (403) 292 -5503 http://www..neb-one.gc.ca 1- 800 - 899 -1265 1 • If you apply as individual, the contact information is for the Person Applying to Participate. • If you apply as Authonzed Representative; the contact information is for the Individual you are representing • If you apply as Group, the contact information is for the Group's main cnntaCt- Salutation: Mr. Last Name: Taylor First Name: Jonathan Title: Common Clerk Address: The Office of the Common Clerk P.Q. Box 1971 Saint John, New Brunswick E21L 41-1 Organization: The City of Saint John Telephone: 506 648 -3703 Canada Facsimile: 506 674 -4214 Email Address: jonathan,taylor @saintjohn.ca Authorized Representative(s) Information: If you do not have an authorized representative this-section will be blank. I wish to participate as a: O Commenter O Intervenor Method of Participation Interest or Expertise 0 The Group I am representing is directly affected by the proposed Project ❑ The Group I am representing has relevant information or expertise Connection to Project Issues The potential environmental and socio- economic effects of the Project, including the environmental effects of accidents or malfunctions that may occur in connection with the project, and any cumulative effects that are likely to result from the Project, as considered under the Canadian Environmental Assessment Act, 2012 8. The potential environmental and socio - economic effects of increased marine shipping 9. The appropriateness of the general route and land requirements for the Project 12. Potential impacts of the Project on directly affected landowners and their land use 13. Safety and security associated with the construction and operation of the Project, including emergency response planning and third -party damage prevention 14. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project 517 Tenth Avenue SW Telephone/Tel6phone : (403) 292 -4800 Calgary, Alberta T213 OA8 Facsimile/Telecopieur : (403) 292 -5503 __ + http: / /wrwwr.- neb- one.gc.ca 517, DW4 me Avenue S. -O. j 1 r 1- 800 -899 -1265 Calgary, (Alberta) T2R OA8 --�^� 2�- 2 15. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project 16. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project 1. As per a resolution adopted by Saint John Council on November 24 2014, the City supports the proposed Energy East project being developed in a sustainable and responsible manner. Construction of the tank and marine terminals is estimated by the project proponents to have a capital cost of $805 million with an additional $4.6 million spent by the approximately 470 construction workers. Once operational, 50 person - years of employment, $38 million in expenditures, and $5 million in municipal property taxes is anticipated annually. This project provides a key piece of infrastructure in the further development of the Saint John Energy Hub. 2. The City is applying via the AP process as a Group (impacted Municipality) to be an Intervener at any hearing(s) before the National Energy Board (NEB), with respect to the Energy East Pipeline Ltd. proposed Energy East Project, and is presently considering the appointment of an Authorized Representative. 3. The City considers itself to be a Directly Affected Person with respect to Issues no. 7,8,9,12,13,14,15 & 16 on the official NEB List of Issues. 4. The City has an interest in ensuring the project maximizes the social, economic, and overall future community benefits. For example, the City seeks to ensure local industrial training and skill development programs are directly supported and to examine opportunities to create a legacy by accommodating temporary workers in existing accommodations in the community during the construction phases. 5. The New Brunswick Marine Terminal Complex is located within the City's boundaries. The Tank Terminal component is proposed on land zoned Heavy Industrial and Rural. The City is the Land Use Approving Authority and would normally require a rezoning of Rural lands to permit construction of a significant portion of the Tank Farm. 6. The City's Municipal Plan calls for a risk assessment to be completed for new heavy industrial facilities. There are approximately 181 residences located within 1.5km of the proposed Tank Terminal. Table A -3 in the NEB Filing Manual calls for detailed socio - economic information for Human Occupancy where a project is not proposed on a previously - developed facility site or on land currently zoned for industrial purposes. Demonstrating that adequate separation distances exist and /or appropriate mitigative measures can be adopted to accommodate the proposal, and protect public safety and the human and natural environment, are key considerations for this community. 7. The City supports an integrated and comprehensive approach to the development of the Energy East Emergency Response Plan (ERP) which would ensure cumulative risk in the community, from the intensification of heavy industrial uses, is addressed. Understanding the existing and future response capability needs of our public safety services is fundamental to ensuring the ERP identifies and appropriately addresses all future service gaps, such as training and equipment. This approach is essential to ensure the emergency services can plan, prepare, and respond in order to protect public safety. 8. The City intends to engage the project proponents to enable ongoing and cooperative dialogue and ensure the City's long term interests are protected. Access, Notification and Service 517 Tenth Avenue SW Calgary, Alberta T211 OAS $17, Dixieme Avenue 5. -0. Off 1p5d Calgary, (Alberta) T211 OA8 Telephone/Tdidphone : (403) 292 -4800 Facsimile/Uldcopleur : (403) 292 -5503 http:j/www..neb-one.gc.ca 1- 800 -899 -1265 3 Which official language do you wish to use in correspondence with the Board and at the public hearing? English ® French ❑ Documents submitted electronically are available on the Board's electronic document repository, (Click 'View' under 'Regulatory Documents' at www.neb- one.gc.ca). If you have the capability to access the repository, the Board and other Participants in this proceeding may serve you by notifying you that a document has been filed and is available in the repository, instead of serving you with a hard copy of the document. Are you able to access the Board's electronic document repository? Yes 0 No ❑ Notification by email advising that a document has been filed will be sent to the following email addresses: Jonathan Taylor [onathan.taylor @saintjohn.ca] 517 Tenth Avenue SW Telephone/Td ldphone . (403) 292 -480o Calgary, Alberta T2R OA8 Facs1mile/T61ecopieur : (403) 292 -5503 517, Dixi�rne Avenue 5. O. i http= / /wwW- •neb- one.gc.ca Calgary, (Alberta) T2R OA8 �./(�� da' 1 -500 -899 -1265 246 4 Report to Common Council March 2, 2015 Page 6 Attachment B: Council report dated February 2, 2015 re Recommendation to Seek Formal Intervenor Status in the Forthcoming National Energy Board (NEB) Energy East Project Hearing 247 REPORT TO COMAAON COUNCIL February 2, 2015 His Worship Mayor Mel Norton And Members of Common Council k� ' klk Cite of Saint John Your Worship and Members of Council, SUBJECT: RECOMMENDATION TO SEEK FORMAL INTERVENOR STATUS IN THE FORTHCOMING NATIONAL ENERGY BOARD (NEB) ENERGY EAST PROJECT HEARING. PURPOSE The purpose of this report is to update Common Council with respect to the National Energy Board (NEB)'s forthcoming Energy East project hearing and recommend that the City of Saint John seek formal Intervenor status. BACKGROUND On 30 October 2014, Energy East Pipeline Ltd. (EEPL), a wholly owned subsidiary of TransCanada Oil Pipelines (Canada) Ltd., submitted an application to the NEB for the proposed Energy East project: The proposed project would include: Converting an existing natural gas pipeline to an oil transportation pipeline; Constructing new pipeline in Alberta, Saskatchewan, Manitoba, Eastern Ontario, Quebec and New Brunswick to link up with the converted pipe; and Constructing the associated facilities, pump stations and tank terminals required to move crude oil from Alberta to Quebec and New Brunswick, including marine facilities that enable access to other markets by ship. Saint John, New Brunswick will serve as the eastern terminus for the pipeline and be home to a large tank storage facility and marine terminal. Irving Oil and TransCanada previously announced the formation of a joint venture to develop and construct the new Canaport Energy East Marine Terminal at Irving Canaport in Saint John. The 4,600 - kilometre pipeline will carry 1.1- million barrels of crude oil per day from Alberta and Saskatchewan to refineries in Eastern Canada and export terminals in the Quebec City region and Saint John. MR Strategic Services Report to Common Council For more information visit: http : / /www.ener�,,yeastpipelinc.com/ Energy East Pipeline Route: 7 ws�„ren Q t4 F 11 ---: -g 2+ r • ,Lob`.. TransCanada Energy East Pipetirk Propct `- Energy East Pipeline Other Features ren �''�; 8- -- New Ppek- SeW(-ft Park maps �t r.::::::..;•u Existing Pipekw Segnw*s Water body - a Facilities i El Tank TeffnMW 10 4 Ir 7 4W km 1 I 1 February 2, 2015 Page 2 �b r'yf": +ey4 Current Status of the NEB Energy East Regulatory Review Process: -:1 The NEB Board is currently reviewing the Energy East Application for completeness — the Board has not yet made any determination on completeness. Those who wish to participate in the hearing process for the Energy East project must apply to participate using the Application to Participate (ATP) form. The ATP form will be available online from the Board's website for a period of four weeks from 3 February - 3 March 2015. If the Board determines that the application is sufficiently complete, it will issue a Hearing Order along with the list of participants. The Hearing Order is a key document that outlines how the review will take place, the roles and responsibilities of participants and any associated timelines. From the time that the Hearing Order is issued, the Board has up to 15 months to deliver its recommendation report to the government who then has another three months to review the recommendation and make the final decision. 249 Strategic Services Report to Common Council February 2, 2015 Page 3 During the hearing process, the Board will collect relevant information from those who are participants in the Board's process. Additional information with respect to the NEB's mandate and function is provided in Attachment A. ANALYSIS On 24 November 2014, Saint John Common Council passed the following resolution: WHEREAS Council of the City of Saint John consider the TransCanada Energy East Pipeline project to be of the utmost importance to the Saint John Area by providing the area with the possibilities of economic and community development; WHEREAS Council of the City of Saint John feel that it is in the best interest of the citizens of Saint John to endorse said project; WHEREAS Safety and the environment are of utmost importance to Council and the City of Saint John; BE IT RESOLVED that the City of Saint John support the TransCanada Energy East Pipeline project; AND BE IT FURTHER RESOLVED that the City of Saint John work with TransCanada and the regulator to ensure that the pipeline is safely constructed in such a way as to protect the environment. The intent of Council's resolution was to illustrate the City's support in principle for the Energy East project and it's anticipated economic and community benefits, but also clearly indicate that development cannot proceed without properly addressing associated project, environmental and public safety risks. The resolution also commits the City to work with both TransCanada and the regulator (NEB) to "ensure that the pipeline is safely constructed in such a way to protect the environment." City staff continues to engage the project proponents (TransCanada and Irving Oil) through direct and indirect means, including one -on -one meetings, attending public information sessions, representation on the Saint John True Growth Energy East Partners' Forum and representation on the recently established Energy East Community Liaison Committee. Key staff observations include: • TransCanada, in cooperation with Irving Oil, have held three local open houses with respect to the Energy East project and remain committed to on -going community and stakeholder engagement. 250 Strategic Services Report to Common Council February 2, 2015 Page 4 • The City continues to engage with the proponents (TransCanada and Irving Oil) to seek clarity on the municipal land use planning issues and approvals. • There is on -going and positive dialogue with the Saint John Fire Department with respect to Energy East emergency preparedness and response issues, although primary emergency planning issues remain largely unresolved. • The Energy East Community Liaison Committee is now active, but the exchange of detailed project information remains limited. • The True Growth Energy East Partners Forum is largely focused on community - based project advocacy and the dissemination of project information / updates. The Partners Forum meets regularly and recently organized two special meetings focused specifically on land -based and marine public safety issues. The Energy Partners Forum model has now been duplicated in a number of other communities throughout New Brunswick and beyond. The forthcoming NEB hearing process provides the City of Saint John with a critical opportunity to develop and present a strong and unified position with respect to (1) the optimization of community benefits, and (2) the mitigation of project risks. Primary Energy East project considerations for the City of Saint John can be organized in five key themes: 1. land use planning; 2. managing / mitigating project risk (construction, operation and decommissioning); 3. public safety planning, preparedness and response; 4. optimizing local economic benefits; and 5. long -term community sustainability (managing overall community fiscal, operational and environmental impacts over the lifespan of the project). The forthcoming NEB Hearing process provides a unique opportunity for the City of Saint John to present evidence to a Panel made up of three NEB Board Members. The Panel will consider all relevant information and evidence filed in reference to the Energy East Project. The Panel has over 16 years of regulatory leadership and experience with the NEB. Throughout the Energy East hearing process, the Panel will study the applications and all relevant information and evidence placed on the record. NEB Energy East Panel Members are: Roland George (Presiding Member) Lyne Mercier Jacques Gauthier Based on the 24 November 2014 Council resolution and the information we have received to date, including TransCanada's Energy East project application as filed with the NEB, staff recommend that the City of Saint John apply for formal Intervenor status within the 3 February — 3 March 2015 timeframe. 251 Strategic Services Report to Common Council February 2, 2015 Page 5 Should the City of Saint John be successful in its application for Intervenor status, the City will have the right to present evidence, actively participate in the hearing process and cross - examine the project applicant and other Intervenors. There is also a critical requirement to directly align the City's interests with the NEB's list of Energy East Pipeline Project issues (as provided in Attachment B). FINANCIAL CONSIDERATIONS Active participation by the City of Saint John in the forthcoming NEB Energy East hearing will require a significant internal resource commitment and a coordinated planning and engagement approach by the City's Senior Leadership Team. A project review and planning team has been established, with leadership provided by the Commissioner, Growth and Community Development Services; the City's Fire Chief / Director SJEMO; and Commissioner, Strategic Services, with on -going support from the City Solicitor's Office and City Manager's Office. Given the quasi-judicial and inter - provincial (multi jurisdictional) nature of the NEB's regulatory review process, it is also recommended that the City retain external energy regulatory expertise should its application for Intervenor status is successful. This expertise is deemed essential in helping the City prepare, review, present, cross - examine and defend evidence as introduced during the hearing process. The City Solicitor's Office will be responsible for identifying, screening and securing external regulatory (legal) expertise using appropriate City of Saint John procurement procedures. RECOMMENDATIONS FOR COUNCIL The City Manager be directed to apply for formal Intervenor status for the City of Saint John in the forthcoming National Energy Board (NEB) Energy East project hearing. The City Manager be directed to return to Council with regular NEB hearing updates, including advance notification of planned City of Saint John regulatory filings. ATTACHMENTS Attachment A: National Energy Board (NEB) Fact Sheet Attachment B: TransCanada Energy East Pipeline Project — NEB List of Issues 252 Strategic Services Report to Common Council Respectfully submitted, Kevin Clifford, BBA, CFO Fire Chief / Director SJEMO City of Saint John Neil Jacobsen, MBA Commissioner, Strategic Services February 2, 2015 Page 6 Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services J. Patrick Woods, CGA City Manager City of Saint John 253 Strategic Services February 2, 2015 Report to Common Council Page 7 Attachment A: National Energy Board Fact Sheet What is the National Energy Board? The National Energy Board (NEB) is an independent federal agency established in 1959. The NEB has quasi-judicial powers, with the rights and privileges of a superior court, established by the National Energy Board Act (NEB Act), and its decisions are all enforceable in law. For major applications and inquiries, the NEB holds public hearings at which parties must submit evidence into the public record and decisions must be based on the evidence submitted. The National Energy Board does not create or debate federal energy policy. The Parliament of Canada and the elected officials therein have that mandate. The only way the NEB participates in the government's energy policy is if it is asked to provide expert opinion on energy matters that are subsequently used by the government in setting energy policy. What is the NEB's mandate? The NEB's purpose is to promote safety and security, environmental protection and efficient energy infrastructure and markets in the Canadian public interest within the mandate set by Parliament in the regulation of pipelines, energy development and trade. The NEB's main responsibilities include regulating the construction and operation of interprovincial and international oil and gas pipelines, international power lines and designated interprovincial power lines. The NEB also regulates the tolls and tariffs for pipelines under its jurisdiction. With respect to the specific energy commodities, the NEB regulates the export of natural gas, oil, natural gas liquids (NGLs) and electricity, and the import of natural gas. In an advisory function, the NEB publishes periodic assessments to inform Canadians on trends, events and issues which may affect Canadian energy markets. Additionally, the NEB regulates oil and gas exploration and development on frontier lands and offshore areas not covered by provincial or federal management agreements. The NEB's regulatory oversight extends over 71,000 kilometres of pipeline that crisscross most of our country, and approximately 1,400 kilometres of international power lines. How does the NEB operate? Applications are made to the NEB for any of the activities that the NEB regulates. After an application is submitted, the NEB will review it and determine whether a hearing is required and if so, whether it is to be a written or an oral hearing. A hearing will typically be held for certain types of applications, such as for new interprovincial or international pipelines over 40 kilometres in length (these are known as s. 52 facility applications or Part III applications, referring to the section and part of the NEB Act under which they are submitted). To convene a hearing, the NEB issues a Hearing Order providing details on the hearing process, including how persons who are directly affected or who have relevant information or expertise can participate and the deadline to apply to participate. Further information is available on the 254 Strategic Services Report to Common Council February 2, 2015 Page 8 NEB's website in the National Energy Board Hearing Process Handbook. Applications filed under s. 58 or Part IV of the NEB Act do not automatically trigger a public hearing. The NEB's involvement in a project does not end with an approval. The NEB can attach any number of conditions to project approvals which it then monitors and enforces throughout the lifecycle of the project, from approval to abandonment. What does the NEB consider when reviewing an application? During the review of an application, the NEB considers all information that is relevant to the question of whether or not the application should be approved as it relates to the NEB's mandate and jurisdiction. For an application where a Hearing Order is issued, the NEB will typically include a List of Issues outlining what the NEB will consider. Ilow does the NEB protect the environment and ensure public safety of NEB- regulated projects? Environmental Assessment Since its inception in 1959, the NEB has always considered the environment when making regulatory decisions. The NEB's environmental responsibility includes ensuring environmental protection during planning, construction, operation and abandonment of facilities within its jurisdiction. The NEB has approximately 50 Environment, Socio- Economic, Lands and Engagement Specialists deployed to teams throughout the organization. These specialists conduct environmental and socio- economic assessments, environmental inspections, audits of environmental management systems, lands administration and landowner complaint resolution. Under the NEB Act, the NEB is required to consider matters of public interest as they may be affected by the granting of an application. The NEB has assumed a mandate for environmental protection as a component of the public interest and conducts environmental assessments as appropriate for each application. The Canadian Environmental Assessment Act, 2012 (CEA Act 2012) provides an additional mechanism to ensure that projects receive appropriate levels of assessment before they proceed. The CEA Act 2012 sets out uniform requirements for environmental assessments by all federal government departments and agencies. As a "responsible authority" under the CEA Act 2012, the NEB ensures that appropriate environmental assessments are conducted for projects under its jurisdiction, according to standards prescribed by the legislation. Environmental Protection & Safety If a project is approved, the NEB expects the company to continue to protect the environment, public health and safety. The NEB confirms this by auditing and inspecting the company's construction activities, maintenance and monitoring procedures during the operation of the pipeline and its procedures during abandonment. The NEB's environmental responsibility includes ensuring environmental protection during the planning, construction, operation and abandonment of energy projects within its jurisdiction. 255 Strategic Services Report to Common Council February 2, 2015 Page 9 When making its decisions, the NEB may take into consideration environmental concerns related to air, land and water pollution, disturbance of renewable and non - renewable resources, the integrity of natural habitats, the disruption of land and resource use, and the protection of landowner rights. Safety is one of the top priorities at the NEB. The NEB is responsible for ensuring companies meet regulations on the safety of employees, public and environment as they may be affected by the design, construction, operation, maintenance and abandonment of a pipeline or international power line. The NEB works with the Canadian Standards Association to establish safety regulations and technical standards for federally regulated pipelines. Additionally, through an agreement between the NEB and Human Resources and Social Development Canada, certain NEB staff members have been designated as Safety Officers for the occupational health and safety of pipeline company field staff. These health and safety duties are usually combined with other construction site and facility inspections. To confirm that engineering, safety and environmental requirements are met, the NEB audits and inspects the construction and operation of pipelines. Since February 1987, NEB inspectors have also been responsible for enforcing Part II of the Canada Labour Code, applying to the occupational safety and health of pipeline workers in the field. The NEB shares responsibility with the Transportation Safety Board (TSB) for incident investigation. The NEB investigates pipeline incidents to determine whether its regulations have been followed and if those regulations may need to be changed. The TSB investigates the cause and contributing factors. The NEB also monitors excavation activity by third parties near pipelines to ensure compliance with existing regulations. The NEB holds companies accountable for results in the public interest using a rigorous compliance monitoring and enforcement program, which includes compliance audits and the inspection of construction and operating facilities. When a violation or an unsafe condition is detected, the NEB expects immediate correction and an assessment of the root causes in order to prevent the issue from happening again. Failure to address a violation or unsafe condition can result in further NEB sanction, such as suspension of operation. What happens if there is a release? The NEB's focus is on preventing accidents from happening in the first place. The NEB expects regulated companies to strive for zero spills or releases. However, should an incident occur, the NEB's top priority is the safety and security of people as well as the protection of the environment. Each regulated company must maintain an up -to -date emergency procedure manual outlining the company emergency management procedures to be followed during an incident. The procedures must address emergency management, environmental protection, and worker and public safety. This plan must be on file with the NEB and the TSB. 256 Strategic Services Report to Common Council February 2, 2015 Page 10 Companies are responsible for reporting the incident to the TSB and the NEB and for implementing their emergency response plan. The NEB then initiates its incident response procedures, which may include activation of its Emergency Operations Centre where appropriate. The NEB will verify that a company conducts an adequate and appropriate clean -up and remediation of any environmental effects resulting from the incident. 257 Strategic Services Report to Common Council February 2, 2015 Page 11 Attachment B: TransCanada Energy East Pipeline Project — NEB List of Issues The National Energy Board (Board) has identified the following issues for its consideration in any upcoming proceeding with respect to the Energy East Pipeline Ltd (EEPL) proposed Energy East Project (Project). 1. The need for the Project. 2. The economic feasibility of the Project. 3. The commercial, economic, supply and market impacts of the Project. 4. The appropriateness of the tolling methodology, and the method of toll and tariff regulation, including whether Energy East should be regulated as a Group 1 or Group 2 company. 5. The commercial, economic, supply and market impacts of the Asset Transfer, including the need, economic feasibility and commercial impacts of the Eastern Mainline Project. This includes the appropriateness of the proposed capacity of the Eastern Mainline of 575 TJ /d. 6. Transfer of Assets: 1. The tests to be used to assess the sale and purchase of the assets. 2. The assets to be transferred and any terms to be included. 3. The value which should be assigned to the facilities for the purposes of: 1. removal from the rate base of the TransCanada PipeLines Limited's natural gas mainline; and 2. inclusion in Energy East's toll calculation. 7. The potential environmental and socio- economic effects of the Project, including the environmental effects of accidents or malfunctions that may occur in connection with the project, and any cumulative effects that are likely to result from the Project, as considered under the Canadian Environmental Assessment Act, 2012. 8. The potential environmental and socio- economic effects of increased marine shipping. 9. The appropriateness of the general route and land requirements for the Project. 10. The engineering design and integrity of the Project. 11. Potential impacts of the Project on Aboriginal interests. 12. Potential impacts of the Project on directly affected landowners and their land use. 13. Safety and security associated with the construction and operation of the Project, including emergency response planning and third -party damage prevention. 14. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project. 15. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project. 16. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project. The Board will not consider matters related to upstream activities associated with the development of oil sands, or the downstream and end use of the oil transported by the Project. 258 City Solicitors Office Bureau de Pavocat municipal b The City of Saint John February 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: Re: Amendment to the Traffic By -Law Safer School Zone Program In the fall of 2013, Common Council resolved to approve a Safer School Zones Program to be given priority within the Traffic Calming Policy. The first part of the implementation of the Safer School Zone Program involved designating school zones around elementary and middle schools. This was done by way of an amendment which Council adopted at the end of 2013. In the fall of 2014, the City Manager submitted a report pertaining to the implementation of the next phase of the Safer School Zone Program which involved reducing the speed limits in some designated school zones. In this respect, at its meeting held September 15, 2014, Common Council resolved to direct the City Solicitor to prepare amendments to the Traffic By-Law which would add a provision to the by -law prohibiting drivers from driving in excess of the speed limit established in a new schedule T -1 to the by -law for a select few school zones between the hours of 7:30 a.m. and 4:00 p.m. on the days during which school is in session. The City draws its authority to regulate traffic from the Motor Vehicle Act. Below are the relevant provisions of the Motor Vehicle Act pertaining to school zones: 140.1(1) No person shall drive a vehicle in a school zone during the hours of 7:30 a.m. to 4:00 p.m., on the days during which a public school or private school in the vicinity of that school zone is in session, at a speed in excess of P.O. Box 4971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E2L4L1 Canada FA 4L1 SAINT JOHN www.saintjohn.ca 259 Common Council February 20, 2015 (a) fifty kilometres per hour in an urban district, (b) the speed limit prescribed in accordance with the provisions of subsection (2) or subsection 142(2), or ... 140.1(5) Any person who violates the provisions of subsection 140.1(1) (a) by driving at a speed of twenty -five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence, (b) by driving at a speed of more than twenty -five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or (c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence. 140.1(7) Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph 5(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence. 142(2) Subject to subsection (5), a local authority may, by by-law, desi pate arts of highways within its bounds or 'urisdiction that are in the vicinity of public or private schools to be designated as school zones and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in paragraph 140.1(1)(a) for such highways and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session. 142(3) A local authority shall erect signs on those parts of highways that are designated as school zones to mark each school zone. 142(4) A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic. In short, a municipality may designate in a by -law parts of streets within its jurisdiction, that are in the vicinity of private or public schools, as school zones and set a lower rate of speed than the 50 km/h stipulated in the Motor Vehicle Act for the said zones. The municipality must mark the school zones by erecting signs on the streets as identified in the by -law pursuant to the relevant provisions of the Motor Vehicle Act. In his most recent report on the Safer School Zones Program, the City Manager recommends to set a lower rate of speed for two designated school zones. He also recommends adding portions of Bayside Drive and Courtenay Avenue to Schedule B -- No Parking Anytime — of the by -law. M Common Council February 20, 2015 Section 23 of the Traffic By -Law currently addresses school zones and reads as follows: "School Zone 23(1) Those parts of streets listed in Schedule "T" are designated as school zones." Attached to this report is an amendment to the Traffic By -Law which amends section 23 by adding subsection 23(2) which stipulates that a person is prohibited from driving a vehicle in a school zone listed in Schedule T -1 between the hours of 7:30 a.m. and 4:00 p.m. on the days during which a school in the vicinity of that School Zone is in session, at a speed in excess of the speed limit prescribed in Schedule T -1 for that School Zone. The amendment also creates Schedule T -1. Additionally, portions of Bayside Drive and Courtenay Avenue are added to Schedule B as per the City Manager's recommendation. It is appropriate for Council to give the attached amendment first and second reading. Respectfully Submitted, John L. Nugent City Solicitor Enclosures 261 I'm trick Woods, CGA Manager A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETt MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN PDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lars d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cret6 cc qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parretti de The City of Saint John intituld « Arret6 relatif a la circulation dans les rues dans The City of Saint John edicte conform6ment a la Loi sur les vehicules a moteur (1973) et les modifications aff6rentes o, decrete le 19 ddcembre 2005, est modifie comme suit: 1 Section 23 is amended by adding the 1 L'article 23 est modifie par Padjonction de cc following immediately after subsection 23(1): qui suit immediatement apres le paragraphe 23(1): "23(2) No person shall drive a vehicle in a School Zone listed in Schedule T -1 between the hours of 7:30 a.m.. and 4:00 p.m. on the days during which a school in the vicinity of that School Zone is in session, at a speed in excess of the speed limit prescribed in Schedule T -1 for that School Zone." «23(2) 11 est interdit a quiconque de conduire un vdhicule a moteur daps les Zones d'ecoles pr6cisees a ]'Annexe T -1 entre 7h30 et 16h les fours pendant lesquels une 6cole situee a proximitd do cette Zone d'ecole est en tours, a une vitesse supdrieure a la vitesse maximale prescrite a ]'annexe T -1 pour cette Zone d'deole.)> 2 By adding the attached Schedule T -1 "Speed 2 Par 1'adjonction de l'Annexe T -1 << Vitesse Limits in School Zones" immediately after maximale dans les Zones d'6coles » Schedule T. imm6diatement apres i'Annexe T. 3 Schedule B — No Parking Anytime - is amended by adding the following words under the following headings: Street Side Limits Bayside Drive East Courtenay Avenue to Park Avenue 3 L'Annexe B — Interdiction de Stationner en tout temps — est modifi6e par Padjonction des mots suivants sous les titres suivants : Rues Cote Limites Promenade Est De Pavenue Courtnay Bayside a ]'avenue Park Courtenay Ave Both Loch Lomond Road to Avenue des deux Du chemin Loch Lomond a point located 170 Courtenay a un point situ6 a 170 metres southerly metres en direction sud 262 IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2015 signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2014, aver les signatures suivantes: Common Clerk/greffiere communale First Reading - Premiere lecture Second Reading - Deuxiemc lecture Third Reading - Troisieme lecture 263 SCHEDULE T -1 ANNEXE T -1 SPEED LIMITS IN SCHOOL ZONES VITESSE MAXIMALE DANS LES ZONES D'ECOLE STREET LIMITS SPEED LIMITS Union Street Crown Street to a 40 KM /H point located 315 metres westerly Loch Lomond a point located 40 KM /H Road 227 metres west 40 KM /H Loch of Courtenay Lomond Avenue to a point located 200 metres east of Courtenay Avenue N RUES LIMITES VITESSE MAXIMALE Rue Union de la rue Crown A 40 KM /H un point situe A 315 metres en direction ouest Chemin d'un point situe 40 KM /H Loch 227 metres a Lomond I'ouest de I'avenue Courtenay a un point situe A 200 metres A 1'est de I'avenue Courtenay REPORT TO COMMON COUNCIL, M &C 2015 -008 January 14, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Province Seeking Permission to Conduct Geotechnical Investigation on Portion of Riverview Park- Douglas Avenue BACKGROUND: City of Saint John The New Brunswick Museum, in coordination with NB Tourism, Heritage and Culture and NB Transportation and Infrastructure is seeking permission to dig several test pits and bore holes in PID No. 55222129 for the purpose of determining if an expansion to the NB Museum upon these lands is feasible. The attached memorandum and sketch detail the number, location and scope of work to be conducted. There are several steps that must occur prior to any expansion to the NB Museum, including the City's consideration of a rezoning process and the negotiation of an agreement of purchase and sale. The geotechnical work is the first step required in order to determine the potential design of a possible expansion to the museum. If Council is in favor, the following recommendation will permit the geotechnical investigation of the City owned property. RECOMMENDATIONS That The City of Saint John give the Province of New Brunswick permission to enter upon City owned lands identified as PID Number 55222129 for the purpose of conducting test pits and bore holes and subsequent soil analysis, provided that; 1. The Province of New Brunswick and/or its agent(s) shall take appropriate measures to protect the public during the geotechnical investigation; 2. The areas of the City property that are disturbed shall be reinstated upon completion of the specified work; 265 M & C — 2015 -008 January 14, 2015 -2- 3, That a plan is required to eliminate or minimize any damage to the tree root structures near the test pitsibore holes; and 4. That The Province of New Brunswick indemnify and save harmless the City its officers, agents and employees from any action or claim arising from said soil testing. Respectfully submitted, 9firtis Langille, B Real Estate 4f J,/Yeomans, CGA, MBA and Administrative Services Attachment CL /c 266 rian Irvin BA Manager I eal Estate a rick Woods, CGA Ci Manager m PL 0 J i N A i N O W Ez 267 CD c• N �i O n O CL r_ 0 C) O 1"F 0 rF �F New Brunswick Museum Request to undertake Geotechnical Investigation on portion of Riverview Park, Saint John The New Brunswick Museum, in coordination with NB Tourism, Heritage and Culture and NB Transportation and Infrastructure, has begun implementation of a Plan to renew the NBM Collections Centre, 277 Douglas Avenue, to enable the facility to continue to be used by the New Brunswick Museum, This Plan includes the construction of an addition to the facility and then renovations to the existing structure. With the completion of this multi -year plan, the lifespan of the facility as the NBM Collections Centre will be a minimum of 25 years. Several options for the location of the addition have been investigated by Murdoch and Boyd Architects over the past year. The most cost - effective and feasible option continues to be to locate the addition on the south side (park side) of the NBM Collections Centre. To consider this further, a geotechnical investigation is required. Since this land is owned by the City of Saint John, the New Brunswick Museum requests permission to undertake this activity as soon as possible. A description of the activity is below. If the results of this geotechnical investigation are acceptable, the project will proceed to detailed design. The New Brunswick Museum will also then update the public on the development of the project to date, and pursue next steps with the City and public. As well, an archaeological survey is planned for the spring, 2015. Project: Geotechnical Investigation of portion of Riverview Park Consultants: Conquest Engineering, Geotechnical and Materials Engineers 575 Crown Street, Saint John NB, E21L 5E9 Area: Map attached Summary of Work: A) Excavate 2 test pits alongside and adjacent to the foundation of the existing building to establish the depth of the footings in the area where the link between the existing and new structures will be constructed. B) Drill a minimum of 7 boreholes throughout the area of the new building to establish the overburden soil conditions, the depth to bedrock (if encountered) and the depth to the prevailing groundwater table, if encountered. For budgeting purposes we have assumed the boreholes would be drilled to a maximum depth of the order of 6 meters. Scope Of Work: • Undertake clearance of any potential underground utility conflicts at the site prior to the field work. • Carry out two (2) test pits alongside the existing building using a track - mounted excavator. • Carry out seven (7) boreholes to a maximum depth of 6 m. • Collect representative samples of the underlying soils and bedrock (if encountered) during the course of the investigation. • Install standpipes in selected boreholes to enable the measurement of the prevailing groundwater table following the field work. • Obtain the ground surface elevation at each test pit and borehole location and reference to geodetic datum. • Analyse and test the soil samples, as required, to classify and define the index properties of the soils at the site. • Prepare and submit the final geotechnical report. The report will contain geotechnical recommendations for site development and foundation design of the building along with detailed logs of each test pit and borehole. A site plan showing the location of each test location will also be provided. Timeline: The work will take several days. It is requested that this work be completed as soon as possible. Other: Any damage to the site will be repaired when appropriate. Fencing is not required for this activity. Contact: Jane Fullerton, CEO, New Brunswick Museum 506 -643 -2346 / j- a_ne.fullerton @nbm- mnb.ca •: Planning Advisory Committee February 18, 2015 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: City of Saint John Building By -law Amendment R�'71�J City of Saint John On January 19, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 17, 2015 meeting. Ms. Amy Poffenroth, Deputy Commissioner and Building Inspector with Growth and Community Development Services attended the meeting and was in agreement with the recommendation provided in the Staff report. No other persons appeared before the committee related to the matter. RECOMMENDATION: That Common Council adopt the attached by -law entitled A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John. Respectfully submitted, Eric Falkjar Chairman Ifs 270 q . I Date: To: From: SUBJECT February 13, 2015 Planning Advisory Committee Community Planning and Development Growth and Community Development Applicant: City of Saint John Application Type: Building By -Law Amendment Power of Committee: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with respect to the adoption of or amendment to a Building By -law. SUMMARY In accordance with the Community Planning Act, New Brunswick municipalities that have enacted a building by -law are required to adopt the version of the National Building Code of Canada, or a portion thereof, that has been adopted by the Province. With the recent adoption of the 2010 National Building Code by the Province, an amendment to the City's Building By -law is required. Adoption of the proposed amendment to the Building By -law is recommended. This will allow for new building construction and changes to the use of existing buildings to be in accordance with the latest edition of the National Building Code adopted by the Province. RECOMMENDATION That Common Council adopt the attached by -law entitled A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint john. DECISION HISTORY There are no previous applications or decisions relevant to this application Applicant: City of Saint John I Building By -law Amendment Page 1 1 271 ANALYSIS Background Effective January 1, 2015, the Province of New Brunswick has adopted the 2010 version of the National Building Code of Canada. The Code outlines standards for the design and construction of new buildings and the alteration and change of use of existing buildings. The Province also recently amended Regulation 2011 -61 "Barrier -Free Design Building Code Regulation" of the Community Planning Act requiring municipalities with a building by -law to adopt this regulation effective January 1, 2015. It is necessary for the City of Saint John to amend its Building By -law to reflect these changes. On January 19, 2015, Common Council referred the proposed Building By -law amendment to the Planning Advisory Committee for a recommendation. Changes in the 2010 National Building Code The National Building Code of Canada is published on a 5 year cycle allowing for the document to be continually revised incorporating technological advances in building materials and design along with health and safety concerns relating to building occupancy. A few notable changes in the 2010 edition of the National Building Code adopted by the Province include: Barrier Free Design - Regulation 2011 -61 "Barrier -Free Design Building Code Regulation" of the Community Planning Act replaces Section 3.8 of the National Building Code. The Regulation outlines design standards for building elements such as: entrances and access, barrier -free travel paths within buildings and the provision of barrier free seating. Energy Efficiency - A 2012 amendment to the 2010 National Building Code incorporates minimum national standards for energy efficiency relating to design and construction. Code provisions relating to energy efficiency align with energy conservation measures and programs supported by the federal and provincial governments. Radon Control - The 2010 National Building Code incorporates requirements to minimize the ingress of radon which can be detrimental to the public's health. Radon is a naturally occurring, yet odourless gas that can penetrate the building envelope. Administrative Amendment The proposed by -law amendment includes a provision to allow for the automatic adoption of the latest version of the Code by the City once it is adopted by the Province. This will eliminate the need for staff to return to Council each time a new version of the building code is adopted. Applicant: City of Saint John I Building By -law Amendment Page 12 272 Conclusion Adoption of the proposed amendment to the Building By -law is recommended. This will allow for building projects to be in accordance with the latest edition of the National Building Code as adopted by the Province. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were assessed. ENGAGEMENT As outlined in Section 67(1) (a) of the Community Planning Act, a Public Hearing and associated advertisements of the By -law amendment are not required. SIGNATURES AND CONTACT Prepared by: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Tel: 674 -4238 Fax: 658 -2837 E -mail: mark.reade @saintjohn.ca Project: File 21 - Building By -law APPENDIX Submission 1: Amending By -law Approved by: St � rfar, MBA, MCIP, RPP Deputy Commissioner, Community Planning and Enrichment Applicant: City of Saint John I Building By -law Amendment Page 13 273 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, A LA REPARATION ET A LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte : A By -law of The City of Saint John entitled "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", enacted on the 5`h day of August, A.D. 2003, is hereby amended as follows: L'arrete de The City of Saint John intitule Arrete relatif a la construction, a la reparation et a la demolition de bdtiments et de structures dans The City of Saint John, decrete le 5 aout 2003, est modifie en ces termes : 1 Section 2(3) is repealed and the following 1 Le paragraphe 2(3) est abroge et remplace is substituted as follows: par ce qui suit : 2(3) The latest edition of the National Building Code of Canada as adopted by the Province of New Brunswick, including any amendments thereto, with the exception of Part 5 and Part 8 of Division B, Volume 2, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed, except as allowed by section 12 of this By -law. 2(3.1) The Barrier -Free Design Building Code Regulation 2011 -61 under the Community Planning Act, including any amendments thereto, is hereby adopted, pursuant to section 59 of the Community Planning Act. 2 Section 3(1) is repealed and the following is substituted as follows: 3(1) Unless otherwise defined herein, definitions in the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments thereto, also apply to this by -law. 3 Section 3(2) regarding the definition of "Code" is repealed and the following is substituted as follows: "Code" means the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments hereto, with the exception of Part 5 and Part 8 of Division B, Volume 2. 2(3) Sous reserve de Particle 12 du present arrete, la version la plus recente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau - Brunswick, ensemble ses modifications, a 1'exception des parties 5 et 8 de la division B du volume 2, est adoptee pour Pensemble des batiments et structures assujettis aux normes y prescrites. 2(3.1) Le Reglement d'application du code du batiment portant sur la conception sans obstacles, reglement 2011 -61 pris en vertu de la Loi sur Purbanisme, ensemble ses modifications, est adopte en application de Particle 59 de la Loi sur Vurbanisme. 2 Le paragraphe 3(1) est abroge et remplace par ce qui suit : 3(1) Les definitions figurant dans la version la plus recente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau- Brunswick, ensemble ses modifications, s'appliquent egalement, par defaut, au present arrete. 3 La definition de « Code» au paragraphe 3(2) est abrogee et remplacee par ce qui suit : Code » designe la version la plus recente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau - Brunswick, ensemble ses modifications, a Pexception des parties 5 et 8 de la division B du volume 2. :1 274 IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of A.D., 2015 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2015, avec les signatures suivantes : Mayor /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 181 275 REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -009 January 12, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: .4 City of Saint John SUBJECT Saint John Building By -law Amendment — latest version of National Building Code of Canada and Barrier -Free Design Building Code Regulation BACKGROUND The Province of New Brunswick, through the Community Planning Act, requires a municipality that has enacted a building by -law to adopt the National Building Code or a portion thereof. A municipality is required to adopt the version of the National Building Code of Canada that has been adopted by the Province. Effective January 1, 2015, the Province of New Brunswick has adopted the 2010 version of the National Building Code of Canada. The Province also recently amended the Community Planning Act and Regulation 2011 -61 `Barrier -Free Design Building Code Regulation ", requiring a municipality with a building by -law to adopt this barrier -free regulation effective January 1, 2015. It is necessary for the City of Saint John to amend its Building By -law to reflect these changes. ANALYSIS The National Building Code of Canada is published on a 5 year cycle; typically, the Province of New Brunswick does not adopt the latest version of the Code as soon as it is published. Once the Province adopts the latest version, the City's Building By -law is amended to reflect the change. The by -law amendment being recommended in this report takes a streamlined approach, similar to best practices seen in other municipalities in the province. With the passing of this by -law amendment, the latest version of the Code adopted by the Province will automatically be adopted into the Building By -law, preventing the need for staff to return to Council each time a new building code is adopted. The attached by -law to amend the `By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" has been drafted to 276 M & C 2015- - 2 - January 12, 2015 reflect the necessary changes. Prior to passing readings of the amended by -law, as per section 66(1) of the Community Planning Act, Council shall request the written views of the Planning Advisory Committee concerning this proposed change. RECOMMENDATION Your City Manager recommends that Common Council refer the matter of the Saint John Building By -law amendment to the Planning Advisory Committee for its written view of the proposed by -law amendment. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services Patrick Woods, CGA City Manager 279 February 21, 2015 Mayor and Council SNIC: Snow & Ice Control The weather events we have experienced over the last couple of weeks were by all historical accounts rare indeed. I'm sure we can all agree the amount of snow we received was enough for a lifetime. It should also be pointed out that our Snow and Ice Control crews and local contractors did an admirable job clearing city streets considering the accumulation of snow over a very short period of time. Having said this is a rare event that should not prevent us from being prepared for the worst case scenario. This can be achieved without undue restrictions or burdens being placed upon our citizens and at the same time enhance our SNIC crew's ability to maintain our roads and walkways to a standard that first considers safety and then accessibility. I believe much can be achieved by tweaking a few things with our current road and traffic management system. A few low cost changes and well - planned enforcement will create a community environment of trust and understanding. We, as individuals, generally like consistency and of course it is less stressful as an operator of snow removal equipment if many of the variables can be removed. So, where do we start? The general population has a sense that most snow removal resources are committed to the downtown core and feel abandoned to some extent. So let's look at what low cost but effective measures could be taken to help control cost, expedite snow removal operations, and instil a sense of harmony throughout our fine city. One of the most commonly used best practise is to implement one way streets when a road grid system exist, such as the South End, The Village, Lower Westside and the Old North End. In conjunction with this we should provide parking on one side only. This would facilitate implementing a well - planned snowploughing strategy resulting in fuel and man hour savings. Secondly, we need to implement a parking ban by using local weather forecast and setting a snowfall measurement to automatically trigger a snow ban. This which will achieve a couple of objectives. First, the public will be able to anticipate a forthcoming snow ban and second, our SNIC crews can be managed more effectively. Now we come to enforcement which needs to be clear and consistent. I caution that when enforcement protocols are set, the SNIC plan must meet it's objective or discontent and mistrust amongst the populist well quickly become engrained. In closing, councillors, can there be exceptions? Yes, but they should be a rarity in order to execute a clear and conscientious Traffic Management and SNIC plan. I think we can all agree that a season long snow ban is not desired or palatable to the general public and quite frankly, unnecessary, if basic good practices and protocol are put into place and followed like the Gospel. NM I wish to point out that implementing such a strategy will also have considerable positive impacts on traffic management and ongoing road maintenance throughout the year and will also create a safer environment pedestrian traffic. I do caution councillors to understand this does not contain the fine details to implement such a plan but simply lays out the key pillars of a plan. John Campbell 20 Prince William St. Saint John, NB E2L 3S2 506 - 639 -5567 279 TOACIG/OWLEDGETHE DUTY THATACCOMPANES EVERY RIGHT February 9, 2015 The, '15b's ■ etr'w Cl Ub YMCA -YWCA of Saint John P.O. Box 6863, Station 'W' Saint John, New Brunswick #210 k2L 4S3 SERVING YOUR YMCA- YWCAAND COMMUNITY Common Clerk's Office 15 Market Square PO Box 1971 Saint John, NB E2L 41_1 Dear Mayor Norton and Council Members: The Saint John Y's Mens Club will be hosting the first "Loyalist City Ribfest" on the grounds of Saint John's Exhibition Park from June 11 to June 14, 2015. This event will feature five professional "Ribbers" from Ontario, a children's play area, an entertainment stage, beer tent and other vendors offering a variety of products. This event requires our Club to obtain a Special Events License, one of the conditions of which is that we receive a letter of endorsement from the municipality. By way of this letter, we respectfully request that Council provide a letter of endorsement in order that we may move forward with our application. The Saint John Y's Mens Club is in its ninetieth year of service, supporting the YMCA and its programs as well as many other charitable organizations in and around Saint John. Any proceeds realized from the " Ribfest" will be used in a similar manner. We thank you in advance for support of our event. Should you require any additional information, please contact the undersigned. Thank you. Yours truly, Lee French Saint John Y's Mens Club :o Titus Bakery Ltd 15 Prince Edward St., Saint John, NB E2L 3S1 Ph. 693 -3077 dkptitus @nbent.nb.ca February 18, 2015 Mayor & Council c/o The City of Saint. John P.O. Box 1971 Saint John, N.B. E2L 4L1 Re: Parking & Snow Removal on Prince Edward St., Dear Mayor Norton & Council Our Bakery has operated here at 15 -17 Prince Edward since 1949. A lot of changes have occurred over the years in this part of the City which at one time was a thriving shopping area. The fire a few weeks ago at the former site of Ben's Clothing along with record snow fall effectively closed our end of Prince Edward St, where it meets Union. Thick ice, the aftermath of the fire, prohibited both vehicle and pedestrian traffic. One might think following a fire, for public safety, some attention could be given to the business community still trying to operate. The parking area across from our business, operated by the City of Saint John Parking Commission became nothing more that a pile of ice and snow. Parking areas if not cleared of snow and ice seem pointless. We would ask that some attention be given to this part of Prince Edward Street especially following severe weather. In the Spring could your staff re- visit the street scape design in front of our Bakery. Prince Edward where it meets union was made a one way street a few years ago. We wrote to the City at that time outlining our concerns and once again ask that you might reconsider the changes that you made then. Please feel free to contact us in person, by phone or email. Sincerely c...A Anthony F. Titus The City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Municipal Operations & Engineering Att: Al Smith Re: Parking & Serviceability on Prince Edward St., Dear Mr. Smith Our Bakery has operated here at 15 -17 Prince Edward since 1949. We have corresponded with you by phone and mail in the past about the changes that the City of Saint John has enacted in the area. The added safety of traffic lights and parking has been welcome by people who travel in this area of town. 'Yet it is important to mention this change has come with a cost. The serviceability of our business has been severely hinder. Wholesalers, fuel oil delivery trucks, propane trucks, sanitation services to mention a few find stopping in front of our business not only difficult but at times dangerous. For example a 10 ton truck making a delivery of flour ( which occurs on a weekly basis) can no longer back into our loading area.. The side walk and Island designed by the City in the changes constructed in the Fall of 2008 have prohibited this kind of delivery. The only alternative is to approach our business broadside. This however totally stops traffic flowing along Prince Edward towards Union during the time of delivery. Un- loading 3 -4 metric tons of flour and sugar manually takes a long period of time. The situation is not only dangerous, but also takes a toll on the patience and convenience of the people involved. Fuel oil delivery, propane delivery, or any large truck; all have to totally block traffic on Prince Edward during delivery The Sanitation company who have serviced our business for the past 25 years can no longer do so. We have resorted to smaller containers in an attempt to keep and maintain the proper waste disposal needs of a Bakery under the strict guidance of the Dept of Health.. We would ask that prior to the final paving of this project in the Springtime that the City re visit this project. The sidewalk and Island could be re shaped, made smaller to allow more room for traffic and trucks that services our business. We ask that you give serious consideration to this request with the hope that good will and communication can resolve the present situation. Please feel free to contact us in person, by phone or email. Sincerely Anthony F. Titus February 26, 2015 Dear Mayor and Council, In 1929, Saint John's City Council passed a resolution conveying a portion of Riverview Park for the construction of the original NB Museum building. This was done for several very significant reasons. The site was deemed ideal for the new museum building as it was a First Nations portage route, was sited overlooking both the Saint John River and Saint John Harbour, was on a major provincial roadway (Douglas Avenue), and it provided a prominent position that reflected the importance of the New Brunswick Museum to both Saint John and the province as a whole. It would be sad if the New Brunswick Museum was forced to move elsewhere and vacate the iconic structure on Douglas Avenue. It would be a serious blow to the city's economy and its tourism and cruise ship business if the museum was forced to leave and go elsewhere! The New Brunswick Museum in Saint John is vitally important to this city. The City Council certainly understood this in 1929. It is to be hoped that present members of Common Council understand this today and will wholeheartedly support the New Brunswick Museum's efforts to find cost - effective ways to continue to operate at the present Douglas Avenue location. If a small portion of the park could be granted for a new museum building by an earlier council, then why can't the present council follow suit and allow for a much needed and logical expansion into another small section of the park. To their mutual benefit, the New Brunswick Museum and Saint John's Riverview Park have existed side by side for generations. Those against the building of a new museum collections centre on a portion of the park's land, fail to acknowledge that the proposal, as put forward by the museum, also includes significant plans to enhance and rejuvenate the park. A solution to the New Brunswick Museum expansion impasse might be found in expanding Saint John's Riverview Park down the embankment towards the river. If some way could be found to expand and enhance the park while allowing the museum to expand its exhibition space beside the old museum building, then a compromise acceptable to both sides might be possible. Opening up the downhill side of the park by means of terraces and stairs would reveal the spectacular view of the Saint John River that is largely hidden by trees and bushes. It would do much to recognize and celebrate the importance of the original site as a First Nations portage route. It would give prominence to the Boer War Memorial now largely forgotten in the park. Most important of all, it would celebrate and solidify the significant role that the New Brunswick Museum has played in this city and province for over 175 years. Presently, Harbour Passage leads up to the old New Brunswick Museum building. It would make perfect sense to allow it to continue through the park and down towards the river. The spectacular confluence of the river and harbour at the Reversing Falls Gorge should be part of the passage circuit and utilizing and expanding the present Riverview Park to make this a reality is worth considering. Parks, such Riverview Park on Douglas Avenue, are set aside for the use and enjoyment of people. The long -term care of such parks calls for careful stewardship so that they remain relevant and attractive NZ places for people to visit. Caring for a park, however, does not mean simply blindly regulating and restricting its use for the benefit of a few. It means having a willingness to cooperate, share and compromise so that as many people as possible can benefit. True stewardship involves appreciating the past, being aware of present realities and having thoughtfulness for the future. For the sake of past, present and future generations, is to be hoped that the present council is remembered for its robust and enthusiastic support of the New Brunswick Museum in Saint John. Sincerely, Dale Peters 244 Charlotte Street, West N February 26, 2015 Dear Mayor and Council, If there was ever a time for a meeting of the minds; for wisdom, imagination and good sense to prevail among our citizens and elected officials, it is now. Saint John is home to one of New Brunswick's great treasures. Our Provincial Museum is Canada's oldest continuing museum. In 2017, we mark the NBM's 175th anniversary. The same year, we celebrate the 150th birthday of our nation. The Provincial Museum helps to safeguard our identity as New Brunswickers; to build our self- respect and confidence as we face the challenges of a new century. This happens when we take advantage of the rich collections, educational programs and expert services offered at the Douglas Avenue and Market Square locations. A modern Collections Centre is essential to the NBM's mandate as the Provincial Museum in Saint John. Yet, serious questions are being asked about the sub - standard facilities of the Douglas Avenue building. Along with a growing number of people, I favour what Museum CEO, Jane Fullerton, is calling "Option A" -- to build a Collections Centre addition to the south side of the existing Museum building on Douglas Avenue. This would represent a modest expansion into Riverview Memorial Park. Other people are speaking strongly against this scenario. The current debate is grabbing headlines, but it may effectively stall discussions to provide responsibly for the Museum's future. It is clear that NBM officials are open to dialogue, open to creative solutions, and open to working with the City and the Province. If there was ever a time for a meeting of the minds; for wisdom, imagination and good sense to prevail among our citizens and elected officials, it is now. Gregg Finley, Douglas, N.B. NW February 26, 2015 Dear Mayor and Council, I strongly support the proposal that the New Brunswick Museum be allowed to extend its present building into the Riverview Memorial Park. In view of the great importance to the province of the Museum, and its current state of disrepair, it is imperative that the extension should be approved. The fact that the space required is less than one -tenth of the Park means that the effect on the latter would be minimal — in fact it could well be improved over its present state by the proposal. I. R. Cameron, Ph.D, Quispamsis NB W 352 Pelton Road Saint John, New Brunswick B2K 5137 February 26, 2015 Mayor Mel Norton and Members of Common Council, City of Saint John PO Box 1971 E2L 4L1 RE: Approval from the City of Saint John for a geotechnical survey around the New Brunswick Museum building on Douglas Avenue. There have been six studies over the last ten years which have indicated that the New Brunswick Museum on Douglas Avenue, a historic building, is severely overcrowded, is in very poor shape and is no longer capable of sustaining its mission to protect the collections and the people who work there. A structural engineer has deemed the building to be unsafe and will necessitate vacating by 2017. The museum Board of Directors has a long term phased, multi -year plan to construct an addition to the left side of the building. This proposed addition would be located on land currently owned by the City of Saint John, a small part of Riverview Memorial Park. The phased multi -year plan has important timelines. Before anything can happen to move forward with the construction of the addition, the first phase, a geotechnical survey needs to be done as soon as possible. The timing is crucial. I am asking that you approve the survey, and, if the survey supports constructing an addition to the current Douglas Avenue building, allow the Museum Board to use a small portion of Riverview Park. I support this multi -year plan because it will maintain an existing heritage building, will protect the collections for the future, will promote and enhance the park, will keep the New Brunswick Museum and its 75 full and part time employees in the city. Sincerely, Joan Pearce %: M! 4 March 2, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Rockwood Park Golf Course Lease The Committee of the Whole, having met on March 2, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on March 2, 2015, Common Council approve the lease of the Rockwood Park Golf Course, to a corporation to be created as soon as possible following the adoption of this resolution in which the controlling interest is held by Gary R. Spicer, the text of which lease is attached to the March 2, 2015 recommendation of the Committee of the Whole in this matter, and further that the Mayor and Common Clerk be authorized to execute the said lease." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 r :: THIS LEASE is made this • day of • , 2015. BETWEEN: THE CITY OF SAINT JOHN of the County of Saint John in the Province of New Brunswick, a body corporate by Royal Charter, (hereinafter called the "Lessor ") OF THE FIRST PART - and - • , a corporation incorporated under the laws of the Province of New Brunswick, (hereinafter called the "Lessee ") OF THE SECOND PART WHEREAS the Lessor is the owner of an 18 -hole public golf course including buildings and fixtures (collectively, the "Premises ") located within Rockwood Park, in the City of Saint John and Province of New Brunswick a map of which is attached as Schedule "A" hereto as well as the contents and other personal property including machinery and equipment used in connection therewith (collectively, the "Personal Property "), a listing of which is set out in Schedule "B" hereto, (collectively, the Premises and the Personal Property are sometimes herein called the "Leased Assets "; and WHEREAS the Lessor issued a request for proposal dated August 27, 2014, as amended and supplemented in accordance therewith (the "RFP ") which the Lessee responded to by means of a formal submission wherein the Lessee offered to undertake the management, operation and maintenance of the Leased Assets; and WHEREAS the Lessor accepted the Lessee's submission to the RFP and has agreed to lease to the Lessee, and the Lessee has agreed to lease from the Lessor, the Leased Assets in accordance with the terms and conditions of this Lease. NOW THEREFORE WITNESSETH THAT in consideration of the covenants and agreements contained herein, the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, it is agreed as follows: N 2 ARTICLE 1 INTERPRETATION 1.1 Definitions. In addition to the other terms defined elsewhere in this Agreement, unless there is something in the subject matter or context inconsistent therewith, as used in this Agreement the following terms and expressions have the following meanings: (a) "Agreement" or "Lease" means this document, the schedules attached hereto and all instruments supplemental hereto or in amendment or confirmation hereof; "hereof', "hereto" and "hereunder" and similar expressions mean and refer to this Agreement and not to any particular Article, Section or other subdivision; "Article ", "Section" or other subdivisions of this Agreement followed by a number means and refers to the specified Article, Section or other subdivision of this Agreement; (b) "Business Day" means a day other than a Saturday, Sunday or any day on which the principal commercial banks located in Saint John, New Brunswick are not open for business during normal banking hours; (c) "Capital Expense" means an improvement to the course, clubhouse building, ancillary structures or systems having a value of more than $2,500 and an expected service life of at least one year; (d) "Financial Statements" has the meaning ascribed thereto in Section 5.2 hereof; (e) "Gross Revenue" means any and all revenue derived from the use of the Leased Assets of any nature or kind, including the following, : i. Membership sales; ii. Green fees; iii. Tournament fees; iv. Power cart rentals; V. Equipment rentals; vi. Retail sales; and vii. Rental of the Lessor's Building; Provided that if the Lessee retains a third party to provide, including by way of sublet, food and beverage services including the Restaurant, on its behalf, any revenue of that third party shall not form part of the Gross Revenue of the Lessee but any revenue derived by the Lessee from the agreement with such third party shall be included in the calculation of Gross Revenue. (f) "Initial Term" means a term of ten (10) years commencing on the • day of • , 2015; M 9 (g) "Lessor's Building" means the "Clubhouse" building located on the Premises, a blueprint of which is attached hereto as Schedule "C ", and includes all mains, pipes, wires and conduits forming part thereof or appertaining thereto; (h) "Permitted Use" means the year -round operation and maintenance of a public golf course and the operation of a licensed restaurant (the "Restaurant "), together with all associated amenities, of each, including all golf - related activities and activities ancillary to the operation of the Restaurant; (i) "Related Party" with respect to a party, means (i) any person, directly or indirectly, through one or more intermediaries, controlled by or under common control with such party, (ii) any body corporate of which such party beneficially owns, directly or indirectly, voting securities carrying more than 10 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding; Q) "Renewal Term" means two terms for a period of five (5) years each commencing on the expiry of the Initial Term if the Lessee exercises the option to renew pursuant to Section 2.9 of this Lease; (k) "Rent" means all amounts due of payable hereunder by the Lessee; (1) "Term" means the Initial Term and the Renewal Term, if any. 1.2 Preamble and Schedules. The recitals (preamble) and schedules attached to this Agreement shall, for all purposes of this Agreement, form an integral part of it. The Parties hereby acknowledge and declare that the recitals and schedules are true and correct in substance and fact. 1.3 Extended Meanings. Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders. The term "including" means "including without limitation ". ARTICLE 2 LEASE 2.1 Lease. In consideration of the rents reserved and the covenants and agreements herein contained on the part of the Lessee to be paid, observed and performed, the Lessor hereby leases to the Lessee the Leased Assets for the Term and the Lessee hereby leases from the Lessor the Leased Assets for the Term. 2.2 Performance Guarantee. The Lessor shall be provided with a performance guarantee in the amount of twenty -five thousand dollars ($25,000.00) (the "Performance Guarantee "), in a form acceptable to the Commissioner of Finance of the Lessor from the Lessee guaranteeing the performance of the obligations of the Lessee as set out in this Lease. The 291 0 Performance Guarantee shall be delivered contemporaneously with this Agreement and may be called upon by the Lessor to compensate for any failure by the Lessee to pay Rent or the satisfaction of any other payment obligations in accordance with the terms and conditions of this Lease. The Lessor shall be permitted to call on the Performance Guarantee after five (5) days' notice to the Lessee of its intention to do so. If at any time during the Term the Lessor calls upon the Performance Guarantee, the Lessee shall replace the Performance Guarantee so that during the Term of this Agreement there shall always be a Performance Guarantee for the full amount of $25,000.00. 2.3 Rent. The Lessee shall pay the Lessor without prior demand or set -off the following amounts: base rent of $18,000 (the "Base Rent ") in each year of the Initial Term of the Agreement. In addition to the Base Rent, beginning in the second year of the Initial Term the Lessee shall pay an additional amount equal to 3% of Gross Revenues (the "Additional Rent "). The Lessor and the Lessee shall agree on an estimated Additional Rent (the "Estimate ") due 30 days prior to the beginning of the second year and before each year thereafter of the Initial Term (collectively, the agreed to Additional Rent amount and the Base Rent shall sometimes be referred to as the "Total Monthly Rent ") 2.4 Payment. The Total Monthly Rent shall be paid in equal monthly installments. Each payment shall be made on the first day of each month of the Term. 2.5 Adjustment to Additional Rent. The Additional Rent shall be the amount established in accordance with section 2.3 above unless increased in accordance with this section. At the end of each year of the Term, the Lessee shall provide the Lessor with Financial Statements, along with back -up documentation in a format that is suitable to both parties. The Financial Statements shall be provided within 30 days of the end of any given year of the Term. If three (3 %) percent of the Gross Revenue of the Lessee is greater than the Estimate established in accordance with section 2.3 above, the difference shall be provided to the Lessor within 45 days of the end of any given year of the Term. If three (3 %) percent of the Gross Revenue of the Lessee is less than the Estimate, the difference shall be deducted from the Total Rent to be paid in the coming year of the Term on a monthly basis except in the final year of the Term in which case the Lessor shall pay the Lessee any overpayment within 60 days of the end of that last year. 2.6 Capital Maintenance. The Lessee shall make the following expenditures for capital maintenance, a Capital Expense, during the Term of the Lease: Years) Capital Maintenance Expenditures: 2015 a minimum capital expenditure contribution of $125,000.00. 2016 11.5% of Gross Revenue. 292 5 (collectively, referred to as the "Capital Maintenance Expenditures ") Notwithstanding the foregoing, the amounts set out above are minimum amounts and the Lessee shall make such investment as is necessary to fulfill the terms of this Lease and maintain the Premises. 2.7 Payments to Lessor. All payments of Rent and other amounts required to be paid by the Lessee to the Lessor, shall be made to the Lessor at the following address: City of Saint John P.O. Box 1971 Saint John, NB E21L 4L1 or at such other place as the Lessor may from time to time direct in writing. At the Lessor's request, the Lessee shall make all payments under the Lease by way of post- dated cheques, automatic withdrawals or electronic funds transfer from the Lessee's bank account and shall execute and deliver either concurrently with the Lease or from time to time within three (3) business days following request for it, such documentation as may be required by the Lessor and its bank in order to effect such payments. 2.8 Net Lease It is the intention of the parties and this Lease, and the Lessee agrees that it is liable for same, that all expenses, costs, payments and outgoings of every nature and kind relating to or in respect of the Leased Assets will be the responsibility of and shall be borne by the Lessee and the Lessee therefore agrees to pay as further rent, all amounts that may be paid by the Lessor on an account of such expenses, costs, payments and outgoings during the Term except as may otherwise be expressly stipulated herein to the contrary. In the event the Lessor receives an account or invoice for any such expense it will deliver same to the Lessee who will pay same within 30 days of receipt and provide confirmation of payment to the Lessor. If the Lessor is required to pay any such expense, the Lessee shall make payment to the Lessor within 30 days of receipt of any account or invoice for same. 293 2017 11.0% of Gross Revenue. 2018 10.5% of Gross Revenue. 2019- 2024 7% of Gross Revenue over that period of time on a schedule to be agreed to between the Lessor and Lessee. (collectively, referred to as the "Capital Maintenance Expenditures ") Notwithstanding the foregoing, the amounts set out above are minimum amounts and the Lessee shall make such investment as is necessary to fulfill the terms of this Lease and maintain the Premises. 2.7 Payments to Lessor. All payments of Rent and other amounts required to be paid by the Lessee to the Lessor, shall be made to the Lessor at the following address: City of Saint John P.O. Box 1971 Saint John, NB E21L 4L1 or at such other place as the Lessor may from time to time direct in writing. At the Lessor's request, the Lessee shall make all payments under the Lease by way of post- dated cheques, automatic withdrawals or electronic funds transfer from the Lessee's bank account and shall execute and deliver either concurrently with the Lease or from time to time within three (3) business days following request for it, such documentation as may be required by the Lessor and its bank in order to effect such payments. 2.8 Net Lease It is the intention of the parties and this Lease, and the Lessee agrees that it is liable for same, that all expenses, costs, payments and outgoings of every nature and kind relating to or in respect of the Leased Assets will be the responsibility of and shall be borne by the Lessee and the Lessee therefore agrees to pay as further rent, all amounts that may be paid by the Lessor on an account of such expenses, costs, payments and outgoings during the Term except as may otherwise be expressly stipulated herein to the contrary. In the event the Lessor receives an account or invoice for any such expense it will deliver same to the Lessee who will pay same within 30 days of receipt and provide confirmation of payment to the Lessor. If the Lessor is required to pay any such expense, the Lessee shall make payment to the Lessor within 30 days of receipt of any account or invoice for same. 293 n 2.9 Renewal. Provided that the Lessee is not in default under any of the terms or conditions of this Lease, the Lessee shall have the option, exercisable by written notice delivered to the Lessor not later than ninety (90) days prior to the expiry of the Initial Term, or the First Renewal Term, as applicable, to renew this Lease for a Renewal Term on the same terms and conditions herein contained, save and except for the amount of Total Rent due and payable during any Renewal Term. Base Rent during the Renewal Term shall increase annually by the previous year's rate of inflation, which shall not exceed fifteen percent (15 %) over the Renewal Term. Additional Rent during the Renewal Term shall be calculated at an amount equal to three percent (3 %) of Gross Revenue. 2.10 Expiry of Term. Following the expiration of the Term or upon the expiration of the Renewal Term or the prior termination thereof, the Lessee shall, within thirty (30) days of notice therefor from Lessor, remove, at its sole costs and expenses, all improvements, fixtures, equipment and personal property located on or under the Premises and surrender the Premises in good order, failing which the Lessor may do so and invoice the Lessee therefor, together with a 10% administrative fee. This obligation shall survive the expiry of the Term of this Agreement. 2.11 Holdover. In the event that the Lessee holds over beyond the duration of this Lease or the renewal thereof with or without the consent of the Lessor and without any further written agreement, the tenancy resulting shall be a monthly tenancy only, at a monthly rental equivalent to the amount paid per month during the last month of the Term hereby granted or the renewal thereof and subject to termination at the election of the Lessor or Lessee upon one month's notice in writing and subject also to the terms, conditions and covenants herein set out. 2.12 Contracts with Related Parties and for the Restaurant. The Lessor has the right to review any contracts related to the Restaurant and any contracts involving the Lessee and a Related Party. Any such contracts shall be on terms which are commercially reasonable and acceptable to the Lessor. ARTICLE 3 LESSEE'S COVENANTS 3.1 Lessee's Covenants. The Lessee hereby covenants and agrees with the Lessor to perform and observe each of the terms and conditions of this Lease, including the Standard Forms of Conveyances Act Covenants (the "Statutory Covenants ") which are incorporated into this Lease and set out in Schedule "D ", and the following covenants, agreements, provisions, terms and conditions. To the extent that there is a conflict between the Statutory Covenants and the covenants listed in this Article 3, the covenants in this Agreement shall govern. 3.2 Management, Operation and Maintenance. The Lessee shall be responsible for the following: N 7 (a) providing all personnel, labour, equipment, materials, tools, services and specialized skills required to manage, operate and maintain the Leased Assets in accordance with this Lease; (b) operating the applicable portion of the Leased Assets in such manner as to provide and maintain a golf course open to the general public at an affordable cost; (c) employing all required personnel, including a Golf Course Superintendent certified as a Class "A" superintendent by the Canadian Golf Superintendents Association. The Golf Course Superintendent must be employed full -time by the Lessee and on site or available from March 1St to November 30th in each and every year during the Term; (d) maintaining the tees, greens, fairways, bunkers, cart paths, rough areas and Clubhouse of the Premises in good working order and to the standard to operate a golf course including undertaking the capital improvements listed in Schedule "E" attached hereto; (e) completing the projects outlined in Schedule "E" attached hereto within the applicable period of time; (f) providing a food and beverage service with a varied and wide selection and at reasonable prices for the general public; and (g) providing, at the sole expense of the Lessee, all equipment and supplies necessary for the proper operation and maintenance of the Leased Assets. 3.3 Rent. The Lessee shall for the duration of this Lease pay to the Lessor the Rent hereby reserved on the days and in the manner herein set out without any set off or deduction whatsoever and all other sums which under any provision of this Lease may be chargeable against the Lessee or payable by the Lessee to the Lessor. 3.4 Taxes. The Lessee, in addition to the Rent and all other payment obligations, shall pay and discharge, as and when the same shall become due and payable, all property taxes related to the Leased Assets which shall during the Term of the Lease be levied, assessed or imposed by any competent authority attributable to the Leased Assets and the Lessee shall from time to time as the same are paid, at the request of the Lessor, produce for inspection receipts or other reasonable evidence of payment of same. The Lessee shall indemnify and reimburse the Lessor upon demand, for any such taxes, rates or charges which may be assessed to the Lessor all payments demanded hereunder shall be paid within 10 days of demand. For greater certainty, the Lessee shall only be responsible for its proportionate share of any such taxes based on the area of any real property forming part of the Premises. 295 3.5 HST Payable by the Lessee. The Lessee shall pay to the Lessor all HST on rent and any other HST imposed by the applicable legislation on the Lessor or the Lessee with respect to this Lease in the manner and at the time required by the applicable legislation. Such amounts are not in consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be rent and the Lessor shall have all the same remedies for and rights of recovery of such amounts as it has for recovery of rent under this Lease. 3.6 Permitted Uses. The Lessee shall use the Leased Assets only for the Permitted Use. The Lessee shall be required to obtain the written consent of the Lessor in order to operate the Leased Assets beyond its Permitted Use. The Lessee will not carry on any business or activity or permit anything to be done or kept on the Premises which shall in the opinion of the Lessor or at law be a nuisance or disturbance, or which shall be noisy or contrary to any law or statute or any by -law, rule or ordinance of any governmental authority having jurisdiction, or by reason of which the insurance on the Leased Assets shall be made void or voidable or increased in cost. The Lessee, other than retaining a third party to provide food and beverage service, including the Restaurant, on its behalf for the golf course, shall be sole party operating from the Premises or making use of the Personal Property and all such operations shall be for profit. Notwithstanding anything else contained herein, use of the Premises by the Lessee is exclusive except that the Lessor shall have the right to use the Premises, except for the Lessor's Building, during the winter months in order to provide the public with access and use of certain parts of the Premises for the purpose of sledding, skiing, snowshoeing, etc. The Lessor's use of the Premises shall not interfere with the Lessee's Permitted Use of the Premises. For greater certainty, the Lessor shall be responsible for any grooming and protective fencing required in association with the activities to be carried on by the public during the winter months. 3.7 Repairs and Maintenance. The Lessee covenants with the Lessor that the Lessee shall for the duration of this Lease maintain the Leased Assets (including, without limitation, the interior, exterior and structure of the buildings located on the Premises, the roof and all heating, air conditioning, plumbing and electrical systems to the extent forming part of the Premises), but subject to section 4.5 below in good and sufficient order and repair to the satisfaction of the Lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted. 3.8 Inspections. The Lessee covenants with the Lessor that the Lessee shall permit the Lessor, its servants, agents and employees at all reasonable times for the duration of this Lease to enter upon the Premises for the purpose of inspecting the state of repair thereof and the Personal Property; and if upon such examination the Lessor should find that the Leased Assets, or part of them, are not in good condition and repair in any respect, the Lessee agrees that upon receipt of written notice of the same, the Lessee will make such repairs and replacements as the Lessor may reasonably require within thirty (30) days thereafter (except such repairs or replacements which, with all due diligence, would require a longer period, then within such longer period) and, if the Lessee should fail or neglect to N e✓ repair or make replacements as reasonably required by the Lessor within the time specified, the Lessor, its servants and agents, may enter the Premises and at the Lessee's expense, perform and carry out such repairs and replacements, and the Lessor in so doing shall not be liable for any inconvenience, disturbance, loss of business or other damage resulting therefrom, and all payments and costs incurred by the Lessor thereby shall be recoverable by the Lessor as Rent reserved and in arrears under this Lease. 3.9 Use of Services. The Lessee agrees that the use by the Lessee of electrical, plumbing, air conditioning, heating and other services, shall at no time exceed the capacity of the wiring, mains, pipes or conduits on the Lessor's Building or Leased Assets or the fixtures or equipment within the Lessor's Building or Leased Assets so as to constitute a hazard. 3.10 Heating and Air Conditioning. The Lessee shall at all times during the currency of this Lease, at its sole cost and expense, keep the Lessor's Building heated in its entirety to a reasonable degree and to such a temperature as to prevent damage to any part of the Lessor's Building. In the event that damage is caused to the Lessor's Building as a result of the Lessee's breach of this covenant, the Lessee shall, at its own expense, cause the same to be repaired within fifteen (15) days of the occurrence of such damage (except such repairs which, with all due diligence, would require a longer period, then within such longer period) and, if the Lessee should fail or neglect to repair such damage within the time specified, the Lessor, its servants and agents, may effect the same at the Lessee's expense, and the Lessor in so doing shall not be liable for any inconvenience, disturbance, loss of business or other damage resulting therefrom, and all payments and costs incurred by the Lessor thereby shall be recoverable by the Lessor as Rent reserved and in arrears under this Lease. The Lessor shall have the right to make changes or additions to the pipes, conduits and ducts in the Premises where necessary to serve adjoining premises but not in a way to interfere materially with the use and enjoyment of the Premises and shall make good any damage to the Premises so caused. 3.11 Utilities. The Lessee shall pay as they become due all charges for public utilities including electricity, gas, water, telephone and all other services provided by any public utility related to the Leased Assets. The Lessor will not be liable to the Lessee in damages for any interruption or failure in the supply of utilities or services to the Premises. 3.12 Assignments. The Lessee covenants with the Lessor that the Lessee shall not, without the written consent of the Lessor, which may be unreasonably withheld, assign, transfer, set over, sublet or otherwise by any act or deed cause or permit the Leased Assets or any part thereof to be assigned, transferred, sublet or set over unto any person or persons whomsoever. The Lessor may assign its rights under this Lease as collateral security for a loan and in the event that such an assignment is given and executed by the Lessor and notification 297 10 thereof is given to the Lessee by or on behalf of the Lessor, it is expressly agreed between the Lessor and the Lessee that this Lease shall not be cancelled or modified for any reason whatsoever without the consent in writing of the assignee. The Lessee may retain a third party to provide, including by way of sublet, food and beverage services including the Restaurant, on its behalf. 3.13 Change of Control. Any transfer or issue by sale, assignment, bequest, inheritance, consolidation, subscription, operation of law or other disposition, or liquidation, from time to time of all or any part of the corporate shares of the Lessee or of any holding or subsidiary corporation of the Lessee or any corporation which is an associate or affiliate of the Lessee (as those terms are defined in the Business Corporations Act (New Brunswick)), or any amalgamation or merger, which results in any change to the present effective voting control of the Lessee and which does not receive the prior written consent of the Lessor in each instance, which consent may be unreasonably withheld, notwithstanding any provision of this Lease or any statutory provision to the contrary, entitles the Lessor to terminate this Lease upon three (3) days' written notice to the Lessee. 3.14 Liens. The Lessee will not permit, nor cause anything to be done to the Leased Assets which would allow any lien, lis pendens, judgment or certificate of any Court or any mortgage, charge or encumbrance of any nature whatsoever to be imposed upon or to remain upon the Leased Assets. In the event of the registration of any such lien or encumbrance the Lessee shall at its own expense immediately cause the same to be discharged. If the lien or encumbrance is not discharged within three (3) days after notice is given by the Lessor, the Lessor may discharge such lien or encumbrance, and recover, all amounts (including legal costs on a solicitor and client basis) expended by the Lessor in obtaining such discharge as Rent. 3.15 Indemnification. The Lessee will indemnify the Lessor, and save it harmless from and against any and all claims, actions, damages, liability (including statutory liability and liability under any applicable workers' compensation laws in the Province of New Brunswick) and expense in connection with loss of life, personal injury and /or damage to property arising from or out of any occurrence in, upon or at the Premises or the buildings located thereon, the occupancy or use by the Lessee of the Leased Assets or the buildings located thereon or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaries or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. 3.16 Environmental. For the purpose of this Section 3.16 of the Lease, the capitalized terms below have the meanings set out in Schedule F attached hereto. N 11 (a) During the Term and any extension or renewal thereof, the Lessee shall comply with all applicable Environmental Laws and shall obtain and comply with any Environmental Approvals that may be required for the Lessee's use of the Premises. Without restricting the generality of the foregoing, the Lessee shall not use, generate, handle, transport, manufacture, refine, treat, store, remove, recycle or dispose of any Contaminant on the Premises except in compliance with all applicable Environmental Laws. (b) In the event of a Release of a Contaminant other than in compliance with Environmental Laws by the Lessee or any person for whom the Lessee is responsible at law, the Lessee shall comply with all requirements of applicable Environmental Laws, subject to the provisions hereof. (c) The Lessee hereby indemnifies and saves harmless the Lessor, its mayor, councillors, officers, employees, consultants and any person for whom the Lessor is responsible at law, from and against all claims which may be made against the Lessor as a result of: (i) the failure or neglect by the Lessee to comply with any Environmental Laws or Environmental Approvals in respect of the Leased Premises; or (ii) the existence on, in, under or adjacent to the Premises of any Contaminant attributable to the Lessee's use or occupation of the Premises. (d) If any governmental authority having jurisdiction should lawfully require the investigation, monitoring or remediation of any Contaminant used, held, released, discharged, abandoned or placed upon the Premises or released into the Environment by the Lessee or a Remedial Order be issued with respect to the Premises, attributable to the activities of the Lessee, then the Lessee shall, at its own expense, subject to the provisions hereof, carry out all lawfully required work and shall provide to the Lessor full information with respect to all such work and comply with all applicable Environmental Laws with respect to such work. (e) The Lessee shall promptly provide the Lessor with confirmation of any Release of Contaminants, environmental non - compliance issues, notices, violations, orders or changes caused by the Lessee or alleged, laid or issued against the Lessee by any governmental authority. The Lessee shall take all reasonable measures, which shall in all cases be in full compliance with the Environmental Law, at its expense, to contain and /or recuperate any Contaminants so released. (f) The obligations provided for in this Section 3.16 shall survive the termination or surrender of this Agreement or any renewal or extension thereof and shall continue in full force and effect without time limit. N 12 3.17 Insurance. The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: (a) All risk insurance upon property owned by the Lessee for which the Lessee is legally liable (including signs), and which is located within the Leased Premises in an amount of not less than the full replacement cost thereon; (b) Commercial general liability with minimum limits of at least five million dollars ($5,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: The Lessor added as an additional insured; ii. Inclusive limits for bodily injury and property damage; iii. Personal injury liability; iv. Tenant's legal liability; V. Contractual liability with respect to this Lease; vi. Premises, property and operations; vii. Completed operations; viii. A cross liability clause; ix. A thirty (30) day written notice of cancellation to be given to the Lessor; and X. Liquor liability. (c) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that Certificates of Insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance and in no case no later than thirty (30) days from the date hereof. (d) The Lessee shall at its own expense take out and keep in force public liability and property damage insurance in the names of the Lessor and the Lessee for injury, death or property damage occurring in, or arising in connection with the operation of, the Leased Assets, with all inclusive coverage. 300 13 (e) The Lessee shall not carry on or permit to be carried on upon the Premises or with the Personal Property any activity which may render void or voidable any policy of insurance. (f) For the duration of this Lease or any renewal thereof the Lessee has an insurable interest in any alterations, additions and improvements that may be made by the Lessee in and to the Leased Assets, and the Lessee is entitled to insure such alterations, additions and improvements up to their full insurable value and to receive the proceeds of any insurance so placed by it. (g) All policies of insurance placed by the Lessee shall contain a waiver or waivers of subrogation against the Lessor and the Lessee waives, releases and discharges all rights, claims and demands whatsoever which the Lessee might have or acquire against the Lessor arising out of damage to or destruction of the Premises or any part thereof occasioned by any of the perils insured against by the Lessee or which the Lessee has agreed to insure against, whether or not such rights, claims and demands shall arise through the negligence or other fault of the Lessor, its servants, agents or contractors. 3.18 Loss or Damage. The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the Premises or the buildings located thereon or relating to the Personal Property, or damage to property of the Lessee or of others located on the Premises and the buildings located thereon, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage resulting from the gross negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limitingthe generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling of the buildings located on the Premises or from the street or any other place or other tenants or persons in the Premises or the buildings located thereon or persons making use of the Personal Property or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Premises or the buildings located thereon shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Assets or the buildings located thereon or to any property of the Lessee, or any property of any other person, firm or corporation on or about the Leased Assets or the buildings located thereon caused by an interruption, suspension or failure in the supply of any utilities to the Leased Assets or the buildings located thereon. 3.19 Alterations. The Lessee covenants with the Lessor that the Lessee shall not, without the prior written consent of the Lessor, place any building, erection, addition or 301 14 improvement, other than trade fixtures, including those related to the Restaurant, upon the Leased Assets, or make any alterations in or to the Leased Assets or any part thereof; provided that, if the Lessor consents to an alteration, the alteration shall not reduce the value or character of the Leased Assets or weaken the structural integrity of the buildings located thereon or be detrimental to the use of the Leased Assets or the buildings located thereon, and any such alterations (for certainty, excluding trade fixtures) shall become and remain the property of the Lessor. 3.20 Repairs by Lessor. The Lessee agrees that should the Lessor deem any repairs, renovations, or improvements to be necessary to the Leased Premises for which the Lessee is not responsible hereunder, the Lessee shall permit the same to be performed without demanding any diminution of rent or damages, interest, or other compensation whatsoever provided that such repairs, renovations, or improvements are completed within a reasonable time. 3.21 Maintenance of Premises. The Lessee shall maintain the Leased Premises throughout the Term in good condition and repair and in a clean and sanitary condition and shall deliver to the Lessor vacant possession of the Premises and return of the Personal Property upon the termination of this Lease in a clean and sanitary condition and in good repair, and in substantially the same condition as at the commencement of this Lease, reasonable wear and tear and damage by fire, lightning or other insured peril or act of God only excepted. 3.22 Prospective Purchasers and Lessees. The Lessee shall permit the Lessor, its servants and agents to show the Leased Assets to prospective purchasers and lessees at all reasonable times. 3.23 Compliance with Laws. The Lessee covenants with the Lessor that the Lessee's operations and any maintenance, repairs or improvements to the Leased Assets or the buildings located thereon shall comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every municipal or rural community by -law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the Leased Assets or any part thereof by the Lessee. 3.24 Permits and Licenses. The Lessee shall, at its own expense, obtain and maintain in good standing all permits and licenses required by any authorities having jurisdiction in order to administer, manage, maintain and operate the Leased Assets and all appurtenances thereto. 3.25 Conducting Business. The Lessee shall conduct its business in and use the whole of the Leased Assets in a reputable manner; a business practice by the Lessee whether through advertising, selling procedures or otherwise which in the opinion of the Lessor may harm the business or reputation of the Lessor or reflect unfavourably on the Lessor, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the Lessee at the request of the Lessor. 302 15 3.26 Seasonal Work. During each year of the Term including in the final year of the Term and the termination of this Agreement, the Lessee shall provide for the winterization of the Leased Assets including, but not limited to, the winterization of the irrigation system, and the application of the required herbicides, pesticides and fungicides to the greens (the "Seasonal Work "). The Lessor shall have a right to inspect the Seasonal Work in each year of the Term prior to the Lessee vacating the Premises. ARTICLE 4 LESSOR'S COVENANTS 4.1 Lessor's Covenants. The Lessor hereby covenants and agrees with the Lessee to perform and observe each of the following covenants, agreements, provisions, terms and conditions: 4.2 Quiet Enjoyment. So long as the Lessee shall pay the Rent and perform the covenants herein contained to be observed, performed and kept by the Lessee, the Lessee shall, subject to Section 7.4 hereof, until the termination of this Lease, be entitled to peaceably hold the Leased Assets without any interference from the Lessor. 4.3 Repairs and Alterations. The Lessee shall have the right, with the written consent of the Lessor obtained prior thereto, which consent may be withheld in the sole discretion of the Lessor, to make additions or alterations to the Leased Assets at the Lessee's own expense, which shall not in any event be recoverable from the Lessor. 4.4 Insurance. The Lessor will insure and keep insured during the currency of this Lease the Lessor's Building against loss or damage by fire, lightning, and such other casualties as are customarily insured against by a Lessor provided, however, that the Lessee shall promptly upon demand reimburse the Lessor for all costs and expenses incurred and amounts expended for premiums or otherwise in connection with maintaining such insurance and all amounts so incurred or expended may be recovered by the Lessor. The policies of insurance placed by the Lessor shall contain a waiver or waivers of subrogation against the Lessee and the Lessor waives, releases and discharges all rights, claims and demands whatsoever which the Lessor might have or acquire against the Lessee arising out of damage to or destruction of the Lessor's Building or any part thereof occasioned by any of the perils insured against by the Lessor or which the Lessor has agreed to insure against, whether or not such rights, claims and demands shall arise through the negligence or other fault of the Lessee, its servants, agents or contractors. 4.5 The Lessor shall repair or replace, if necessary, the roof membrane, parking areas, foundation, roof frame, roof deck, structural steel and bearing walls of the Lessor's Building. Notwithstanding the foregoing, the Lessee shall be responsible for any day -to -day repairs relating to the Leased Assets. 303 16 ARTICLE 5 REPORTING REQUIREMENTS 5.1 General Reporting. The Lessee shall, prior to April 30th in each year during the Term hereof, present to the City Manager (or his /her designate)for review a business plan for the coming year which shall at a minimum contain: (a) the schedule of rates and fees to be paid by the general public to access and make use of the Leased Assets. On making such presentation, the Lessee shall make available the rates and fees being charged by other golf courses in the Province of New Brunswick; and (b) details of the administration, management, operation and maintenance of the Leased Assets and all matters ancillary thereto, including but not limited to accomplishments, refinements, improvements and operating highlights of the past year and plans for the coming year. 5.2 Financial Statements. The Lessee shall, prior to April 30th in each calendar year during the Term hereof, provide to the City Manager (or his /her designate), a copy of the previous year's financial statement, which shall, as a minimum be accompanied by a review engagement report signed by an independent Chartered Accountant and shall include specific reference to the previous year's Capital Maintenance Expenditures (the "Financial Statements "). ARTICLE 6 DAMAGE TO LEASED PREMISES 6.1 Termination of Lease. If during the Term, the Premises shall be damaged or destroyed by fire, or other casualty insured against pursuant to the insurance maintained by the Lessor pursuant to the provisions of this Lease, or are partially so destroyed or damaged so as to render them wholly unfit for occupancy, then the Lessee shall use its best efforts to ensure that the golf course continues to operate for profit. Should the Lessor determine that the Premises can no longer operate for profit, and if the Premises shall be so badly damaged that they cannot be rebuilt or repaired with reasonable diligence within one hundred and eighty (180) days of the happening of any such damage or destruction, then this Lease shall terminate and come to end and the Lessee shall immediately surrender the Leased Assets and all interest therein to the Lessor, and the Lessee shall pay rent and all other charges required to be paid hereunder only to the time of such damage or destruction, and the Lessor may re -enter or possess the premises discharged of this Lease and may remove all persons and property therefrom. 6.2 Abatement of Rent. If the Leased Assets shall be damaged or destroyed as aforesaid and if the damage is such that it can with reasonable diligence be repaired or restored within one hundred and eighty (180) days of the happening of such damage or destruction, and if the Leased Assets are wholly untenable or incapable of being used by the Lessee, the 304 17 Rent shall not run or accrue after the date of the damage or while the process of repairs is going on, and the Lessor shall use all reasonable efforts to repair the same and Rent shall recommence immediately after the repairs shall have been completed, but, if the damage or destruction is such that the Leased Assets can be partially used, then until such damage shall have been repaired, the Rent shall abate in the same proportion that the part of the Leased Assets rendered unfit for occupancy bears to the whole of the Leased Assets. PROVIDED, HOWEVER, that nothing herein shall oblige the Lessor, to rebuild the Leased Assets, other than to the extent of the insurance proceeds actually received by the Lessor, or to replace or rebuild any of the Lessee's leasehold improvements. 6.3 Expropriation. If the Lessee is prevented from establishing or continuing the business of operating a golf course on any portion of the Premises for any reason, including, without limiting the generality of the foregoing, any rezoning by -law or other law, ordinance, order or restriction, or in the event any portion of the Premises is expropriated, the Lessee, may, at its option, forthwith on written notice to the Lessor terminate this Agreement and any other agreements entered into pursuant to this Agreement and the parties shall be relieved of all obligations under such agreements, and all rental obligations between the parties shall be adjusted and shall abate as of the date of termination. ARTICLE 7 MUTUAL COVENANTS 7.1 Fixtures. If the Lessee shall during the Term of the Lease affix any fixture to the Premises then such fixture shall belong to and be removable by the Lessee at any time during, or upon the expiration of, the Term, PROVIDED that the Lessee shall make good all damage to the Premises by reason of such removal, and shall restore the Premises to their original condition. 7.2 Notices. Any notices required to be served hereunder shall be sufficiently served if delivered personally, or if sent by prepaid registered mail or if transmitted by telex, facsimile, email or other form of recorded communication tested prior to transmission to the Lessor at the following address: City of Saint John P.O. Box 1971 Saint John, NB E2L 41_1 or such other address as the Lessor may from time to time designate in writing and to the Lessee at the Premises, or such other address as the Lessee may from time to time designate in writing. Any notice or document sent by prepaid registered mail shall be deemed to have been received forty -eight (48) hours following the date of mailing. Any notice transmitted by telex, facsimile, email or other form of recorded communication shall be deemed given and received on the first Business Day after its transmission. 305 im 7.3 Signs. Subject to the Lessor's approval, which approval shall not be unreasonably withheld, the Lessee may install in, upon or about the Premises any signs or advertising material which shall remain the property of the Lessee and which the Lessee may remove regardless of the degree of affixation upon expiration or termination of this Lease or any renewal thereof provided that the Lessee shall make good any damage caused to the Premises by such installation and removal. 7.4 Easements. The Lessor may grant easements, rights -of -way, licences and similar rights to public utilities and governmental agencies for the purpose of allowing for the provision of electrical power, telephone, water and other utility and municipal services to the Premises and for the installation of wires, meters, conduits, pipes and other equipment, apparatus and facilities in connection therewith and it is agreed that any such easements, rights -of -way, licences and other similar rights as may be granted by the Lessor shall have priority to the interest of the Lessee under this Lease. ARTICLE 8 DEFAULT OF LESSEE 8.1 Lessor's Right to Correct Lessee's Defaults. The Lessor shall have the right at any time to remedy or attempt to remedy any default of the Lessee hereunder, and in so doing to make any payments due or alleged to be due by the Lessee to a third party and may enter upon the Leased Assets to do any work or repairs for which the Lessee is responsible under this Lease and in such event all expenses of the Lessor in remedying or attempting to remedy such default shall be recoverable by the Lessor as Rent. 8.2 Additional Rights of Lessor. The Lessor shall have the same rights and remedies in the event of non - payment by the Lessee of any amount payable by the Lessee under any provision of this Lease as in the case of non - payment of Rent. 8.3 Termination of Lease. In the case of the breach or non - performance of any or either of the covenants, terms, conditions or agreements herein contained, and by and on the part and on behalf of the Lessee, its successors and assigns, to be observed and performed, then and in either of the said cases from henceforth and at all times thereafter, it shall and may be lawful to and for the Lessor, its successors and assigns, without any formal or legal demand being first made or notice given, to enter into and upon the Leased Assets or any part thereof in the name of the whole to re -enter and the same to have again, repossess, hold and enjoy as in the first and former estate, as if these presents had not been made, and the said Lessee, its successors and assigns, and all other occupiers of the Leased Assets, thereout and thence utterly to expel, put out and amove this Lease or anything herein to the contrary in any wise notwithstanding. Notwithstanding anything else herein contained, this Lease shall, if the Lessor shall so decide, forthwith cease and terminate and the Lessor may re -enter upon the Leased Assets in the event of the following: 306 19 (a) if Rent is not paid when due; or (b) if the Capital Maintenance Expenditures are not made; or (c) if the work outlined in Schedule "E" is not completed; or (d) if the Lessee shall not observe, perform and keep all and every one of the covenants, agreements, provisions, stipulations, terms and conditions herein contained to be observed, performed and kept by the Lessee (other than the covenant to pay Rent) and such failure shall continue for a period of fifteen (15) days, or such longer period as may be reasonably necessary to cure such failure acting promptly and diligently, after notice by the Lessor to the Lessee specifying the nature of the failure and requiring the same to be remedied; or (e) if the Lessee becomes bankrupt or insolvent or makes an assignment for the benefit of its creditors; or (f) if the Leased Assets shall become vacant and remain so for a period of fifteen (15) days or more. 8.4 Lessor's Rights on Re -entry or Termination of Lease. If the Lessor shall re -enter or if this Lease shall be terminated: (a) all Rent shall immediately become due and payable up to the time of such re- entry or termination together with the reasonable expenses of the Lessor in re- entering and taking possession of the Leased Assets, and in effecting any repairs which are the Lessee's responsibility under this Lease or which are otherwise required to put the Leased Assets in the same condition as at the commencement of this Lease; (b) the Lessor may relet the Leased Assets or any part thereof either in the name of the Lessor or otherwise for a term or terms which may, at the Lessor's option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and may grant reasonable concessions in connection therewith; (c) the Lessor at its option and in addition to any other remedy the Lessor may have, may require the Lessee or the legal representatives of the Lessee to pay the Lessor, as liquidated damages for the failure of the Lessee to observe and perform the covenants of this Lease, monthly on the first day of each month following such re -entry or termination and until the expiration of the period which would otherwise have constituted the balance of the Term of this Lease any deficiency between the amounts payable as Rent hereunder and the net amount, if any, of the Rent collected on account of the lease or leases of the 307 20 Leased Assets for each month of the period which would otherwise have constituted the balance of the term of this Lease; and (d) there shall be paid by the Lessee to the Lessor on demand such reasonable expenses as the Lessor may have incurred in connection with the reletting, including legal costs, solicitor's fees and broker's fees, and the expenses of keeping the Leased Assets in good order or for preparing the same for reletting. The making of any alterations or decorations in the Leased Assets which the Lessor considers advisable and necessary for the purpose of reletting them shall not operate or be construed to release the Lessee from liability hereunder as aforesaid. In the event of a breach or threatened breach by the Lessee of any of the covenants or provisions hereof, the Lessor shall have the right to invoke any remedy allowed at law or in equity (including injunctions) as if re- entry, summary proceedings, and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude the Lessor from any other remedy, in law or equity. 8.5 Distraint for Rent. Whenever the Lessor becomes entitled to re -enter upon the Leased Assets, the Lessor, in addition to all other rights it may have, shall have the right to seize and take possession of any equipment, furniture or other property of any nature whatsoever situate on the Leased Assets and to sell the same at public or private sale without notice and to apply the proceeds thereof upon account of the Rent due and to become due under this Lease and the Lessee shall be liable to the Lessor for the deficiency if any and the Lessee hereby waives and renounces the benefit of any present or future statute in force in Canada or in the Province of New Brunswick which takes away or limits the Lessor's right of distress, and the Lessee agrees that the Lessor may seize and sell the Lessee's goods and chattels for payment of Rent and costs as fully as the Lessor might have done if such statute had not been enacted or passed. 8.6 Waivers. The Lessor may waive any default by the Lessee hereunder only in writing. Any such waiver shall not be deemed to be a waiver of any subsequent or other default hereunder. ARTICLE 9 INSPECTION 9.1 Inspection by Lessee. The Lessee hereby declares that it has inspected the Leased Assets before executing this Lease and has satisfied itself as to their condition and the taking of possession by the Lessee shall be deemed conclusive evidence that the Lessee received the Leased Assets in good order, condition and repair. The Lessee acknowledges that the Lessor is not making any representations or warranties about the order, condition or repair of the Leased Assets and that the Lessee is taking the Leased Assets on an as is, where is condition. 09 21 ARTICLE 10 MISCELLANEOUS 10.1 Entire Agreement. It is hereby understood and agreed that the terms and conditions set forth herein embrace the whole of the terms and conditions of the agreement between by the Lessor and Lessee relating to the subject matter hereof and supersede and take the place of any previous agreements or representations of any kind, written or verbal, previously made by anyone, whether an agent or employee of the Lessor or not, in reference to the Leased Assets or the Lessor's Building. 10.2 Enurement. This Lease shall extend to and be binding upon and enure to the benefit of the parties hereto, their successors and permitted assigns. 10.3 Time. Time shall, in all respects, be of the essence of this Lease. 10.4 Non - Waiver. Any condoning, excusing or overlooking by the Lessor of any default, breach or non - observance by the Lessee at any time or times in respect of any covenant, provision, term or condition herein contained, or the payment of any Rent while any such default, breach or non - observance exists, shall not (any law, statutory or other, to the contrary notwithstanding) operate as a waiver of the Lessor's rights hereunder in respect of any continuing or subsequent default, breach or non - observance, nor so as to defeat or affect in any way the rights of the Lessor hereunder in respect of any such continuing or subsequent default, breach or non - observance. 10.5 Cumulative Remedies. All rights and remedies herein contained of the Lessor shall be deemed to be cumulative and not alternative and the taking of one step or proceeding shall not preclude the taking of any other step or proceeding. 10.6 Governing Law. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, and the courts of the Province of New Brunswick and all courts competent to hear appeals therefrom shall have exclusive jurisdiction to entertain any action in connection with this Agreement or the transactions contemplated thereby. 10.7 Arbitration. In case of any disagreement between the Lessor and the Lessee under this Lease, such disagreement shall be resolved by arbitration as follows: Either party may notify the other of its desire for arbitration. Each party agrees that within fifteen (15) days of such notice they will mutually appoint an Arbitrator. Failing agreement between the parties hereto as to the selection of an Arbitrator, the parties shall make application to the Court of Queen's Bench (New Brunswick) for the Court to appoint an Arbitrator. The arbitration proceeding shall take place in Saint John, New Brunswick no later than fifteen (15) calendar days following the appointment of the Arbitrator. Each of the parties shall be required to present their case to the Arbitrator on successive business days, without 309 22 interruption, and the decision of the Arbitrator shall be rendered within ten (10) calendar days after the hearing or other or other arbitrator process is completed. The parties agree, as provided for in s. 45 of the Arbitration Act (New Brunswick) that they shall each have the right to appeal an arbitration award to the court on a question of law, a question of fact, or a question of mixed law and fact, and it is further agreed and acknowledged that the court's jurisdiction and authority to deal with such an appeal is as described in the said Arbitration Act in force at the date of the execution of these presents. The cost of the Arbitrator and all other costs of the arbitration shall be borne equally between the parties unless otherwise directed by the Arbitrator. 10.8 Counterparts. This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which, when so executed, shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or by electronic transmission in portable document format (PDF) of an executed counterpart of this Agreement is as effective as delivery of an originally executed counterpart of this Agreement. [Remainder of page left blank, signature page follows] 310 23 [Signature page lease agreement between the undersigned] IN WITNESS WHEREOF the parties have caused this Lease to be properly executed by their duly authorized attorneys or officers in that behalf on the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of Witness Witness Witness 311 City of Saint John Per: Per: Per: SCHEDULE "A" MAP OF PREMISES 312 SCHEDULE "B" LIST OF PERSONAL PROPERTY The following machinery and equipment constitutes the Personal Property of the Lessor: (a) Aerator machine; (b) Any trade - names, trade -marks or other intellectual property used in association with the Leased Assets; and (c) Such other personal property identified by the Lessor prior to the commencement of the Term or during the Term which is acknowledged by the Lessee as being personal property of the Lessor at the time in writing. 313 SCHEDULE "C" Diagram: Main Floor of Clubhouse I e �oraaar'� Pw MAN � .•r Oip1YD ROe, V�lY 4,aa.a he„ 0.a. 314 NIL SCHEDULE "D" STATUTORY COVENANTS 315 2 SCHEDULE "E" CAPITAL PROJECTS The following projects are to be completed by the Lessee during the first year of the Term provided that the Lessee shall be entitled to amend the projects to be completed with the written consent of the Lessor: 1. Repair Drainage on the first ( #1) Fairway —this involves moving the continuous flow of water that presently flows across on top of the fairway. Currently, with heavy rains, this leads to standing water on the fairway, causing damage and limiting the use of power carts; 2. Replace two (2) Rain Shelters on Holes number 5 and 7/16; 3. Construct a new rain shelter on hole number 11; 4. Replace the stairs on Hole number 11; 5. Re -sod and repair drainage on the green at hole number 15; 6. Upgrade twelve (12) bunkers on 6 holes. It is estimated that this project may take at least three (3) years to complete. 7. Replace all benches, ball washers, and garbage bins on the Leased Premises; 8. Irrigation upgrades, including, but not limited to, replacing the holding tank at the pump house and cleaning up the aquatic driving range; and 9. Interior and exterior upgrades to the Clubhouse. For the second year and each year thereafter of the Term, the capital projects to be undertaken by the Lessee shall be agreed to in writing by the Lessor and Lessee thirty (30) days prior to the commencement of any year of the Term. The Lessor and Lessee shall make reference to the projects that were proposed by the Lessee in its submission to the Lessor in response to the RFP as a guide on what projects should be completed in any coming year with appropriate adjustment to such projects based on the work done to that point in time. 316 SCHEDULE F The following terms shall have the following meanings: "Adverse Effect" means an effect that impairs or damages the Environment, including an adverse effect respecting the health of humans or the reasonable enjoyment of life or property; ii. "Contaminants" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an Adverse Effect and includes any waste, dangerous good, hazardous product, controlled substance or any other substance or thing regulated or reportable under any Environmental Laws; iii. "Environment" means the environment or natural environment as defined by any Environment Law, and includes, without limitation, air, surface water, ground water, land surface, soil, subsurface strata, sewer system and workplace; iv. "Environmental Approvals" means all applicable permits, licences, authorizations, consents, directions and approvals required by any governmental authorities having jurisdiction pursuant to Environmental Laws in respect of the Premises and the equipment, structures, substances, underground or above ground storage tanks and activities located or carried on therein or thereon by Lessee; v. "Environmental Law" means any federal, provincial or municipal law, by -law, rule, regulation, decree, code, guideline, standard, order, protocol, direction, Remedial Order or ordinance relating in full or in part to the Environment including, without limitation, those relating to product liability, employee or public health and safety, storage, generation, use, handling, manufacture, processing, labelling, advertising, sale, display, transportation, treatment, Release and disposal of Contaminants; vi. "Release" includes, without limitation, any release, spill, emission, discharges, leak, pumping, injection, deposit, disposal, dispersal, leaching or migration of any Contaminant into the Environment, including the movement of any Contaminant in or through the Environment, and any other meaning prescribed under any Environmental Law; and vii. "Remedial Order" means any administrative direction, order or sanction issued, filed or imposed pursuant to any Environmental Law and includes, without limitation, any order requiring any remediation or clean -up of any Contaminant, or requiring that any Release or any other activity be reduced, modified or eliminated. 317