2010-09-13_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, September 13, 2010
Committee of the Whole
1. Call to Order
5:00 p.m. 8th Floor Boardroom
1.0 Approval of Minutes 10.2(4)
1.1 Disclosure of Interest 10.2(4)(b)
1.2 Land Matter 10.2(4)(d)
1.3 Litigation 10.2(4)(f,g)
1.4 Employment Matter 10.2(4)0)
1.5(a,b) Employment Matter 10.2(4)(b,j)
Regular Meeting
1. Call to Order — Prayer
6:00 p.m. Council Chamber
2. Approval of Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Teed Letter: Unkept Properties (Recommendation: Receive for Information)
5.2 Teed Letter: Crosswalks (Recommendation: Receive for Information)
5.3 Stop Up and Close Portion of Saint James St (Recommendation: Receive for
Information)
5.4 Tender for Supply of Trees for 2010 Fall Planting Season (Recommendation
in Report)
5.5 Tender for Sign Installation (Recommendation in Report)
5.6 Tender for Dredging Services Lancaster Lagoon (Recommendation in Report)
5.7 Tender for Scott Air Pack Upgrade - SJFD (Recommendation in Report)
5.8 Forbes Drive Area Development (Recommendation: Receive for Information)
5.9 Arlington Crescent Area Development (Recommendation: Receive for
Information)
5.10 Lease of Space Stall No. 5 The City Market (Recommendation in Report)
5.11 Stop Up and Close Portion of Fort Dufferin Rd (Recommendation in Report)
5.12 Engineering and Construction Management Services - Cottage Hill and
Rockwood Park Water Storage Reservoirs (Recommendation in Report)
5.13 Rothesay Ave and Simpson Dr Wastewater Pumping Stations - Mechanical
and Electrical Systems Upgrades (Recommendation in Report)
5.14 Lease Renewal 223 Rodney Terminal Sewer Outfall (Recommendation in
Report)
5.15 Proposed Public Hearing Date 180 -182 Millidge Ave & 582 -584 Green Head
Rd (Recommendation in Report)
5.16 Engineering Inspection Services Peel Plaza (Recommendation in Report)
5.17 Engagement of Engineering Consultant (Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations/ Presentations
6:15 p.m.
8.1 Enterprise Saint John: Draft Strategic Framework
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Zoning ByLaw Amendment 182 Golden Grove Rd
9.1(b) Planning Advisory Committee Report Recommending Rezoning
9.2(a) Proposed Zoning ByLaw Amendment 61 Bayside Dr
9.2(b) Planning Advisory Committee Report Recommending Rezoning
10. Consideration of By -laws
10.1(a) Third Reading Zoning ByLaw Amendment 11 King William Rd
10.1(b) Section 39 Conditions
10.2 Third Reading Zoning ByLaw Text Amendment
10.3(a) City Manager: Proposed Rezoning 237 Union St
10.3(b) Victor Train Letter - Response to Section 39 Conditions
10.3(c) Third Reading Zoning ByLaw Amendment
10.4(a) Third Reading Zoning ByLaw Amendment 489 Sea Street
10.4(b) Section 39 Conditions
11. Submissions by Council Members
11.0 Facilitating Development in the Urban Core (Deputy Mayor Chase)
11.1 Creating More Density in the City's Urban Core (Councillor Snook)
11.2 Green Spaces in More Places Subcommittee (Councillor Snook)
11.3 UNBSJ (Councillor Titus)
11.4 Martinon Community Centre Green Space (Councillor McGuire)
11.5 Update on High Density Residential Development (Councillor Higgins)
11.6 Update on Development in Fieldstone Estates (Councillor Higgins)
11.7 Rockwood Park Advisory Board (Councillor Higgins)
11.8 Thornborough Street Development (Councillor Higgins)
11.9 Canada Games Foundation Presentation (Councillor Sullivan)
11.10 Update on High Density Residential Building on Teck Drive (Councillor
Higgins)
12. Business Matters - Municipal Officers
12.1 City Manager: Funding Request Saint John Theatre Company
12.2 City Manager: Exhibition Association Recreation Facility
13. Committee Reports
13.1(a) Saint John 225 Committee Recommending Purchase of Public Art
13.1(b) Saint John 225 Report to Council
13.1(c) Powning Designs Ltd: Shards of Time
13.1(d) Public Art Agreement
13.1(e) Proposed Resolution
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Cherry Brook Zoo Budget Submission
15.1(b) Presentation to Rothesay Council
16. Adjournment
The City of Saint John
Seance du conseil communal
Le lundi 13 septembre 2010
Comit6 pl6nier
1. Ouverture de la seance
17 h — Salle de conference du 8e etage
1.0 Approbation du proc6s- verbal — paragraphe 10.2(4)
1.1 Divulgations de conflits d'int6rets — alin&a 10.2(4)b)
1.2 Question relative aux biens -fonds — alin6a 10.2(4)d)
1.3 Litiges — alin6as 10.2(4)f,g)
1.4 Question relative a Pemploi — alin6a 10.2(4)j)
1.5a), b) Question relative a 1'emploi — alin6as 10.2(4)b,j)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
18 h — Salle du conseil
2. Approbation du proces- verbal
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a 1'approbation du conseil
5.1 Lettre de M. Teed au sujet des propri6t6s mal entretenues (recommandation
accepter a titre informatif
5.2 Lettre de M. Teed au sujet des passages pour pi6tons (recommandation
accepter a titre informatif
5.3 Fermeture et barrage dune partie de la rue Saint James (recommandation
accepter a titre informatif
5.4 Soumission relative a Papprovisionnement en arbres pour la saison de
plantation d'automne 2010 (recommandation figurant au rapport)
5.5 Soumission relative a l'installation de panneaux ( recommandation figurant au
rapport)
5.6 Soumission relative aux services de dragage au bassin Lancaster
(recommandation figurant au rapport)
5.7 Soumission relative a la modernisation des appareils respiratoires autonomes a
bouteille d'air pulmo- command6 Scott — service d'incendie de Saint John
(recommandation figurant au rapport)
5.8 Am6nagement du secteur de la promenade Forbes (recommandation : accepter
a titre informatif
5.9 Am6nagement du secteur du croissant Arlington (recommandation : accepter a
titre informatif
5. 10 Location de 1'6tal ri « 5 » au Marche municipal (recommandation figurant au
rapport)
5.11 Fermeture et barrage dune partie du chemin Fort Dufferin ( recommandation
figurant au rapport)
5.12 Services d'ing6nierie et de gestion de la construction — R6servoirs de retenue
d'eau du secteur de Cottage Hill et du parc Rockwood (recommandation figurant
au rapport)
5.13 Am6liorations des systemes m6caniques et 6lectroniques des postes de
pompage des eaux us6es de l'avenue Rothesay et de la promenade Simpson
(recommandation figurant au rapport)
5.14 Reconduction du bail n'223 relatif a 1'6missaire du terminal Rodney
(recommandation figurant au rapport)
5.15 Date propos6e pour la tenue dune audience publique concernant les 180-
182, avenue Millidge et les 582 -584, chemin Green Head (recommandation
figurant au rapport)
5.16 Services d'inspection d'ing6nierie — Place Peel (recommandation figurant au
rapport)
5.17 Nomination dun ing6nieur- conseil (recommandation figurant au rapport)
6. Commentaires pr6sent& par les membres
7. Proclamation
8. D616gations et pr6sentations
18 h 15
8.1 Enterprise Saint John : Ebauche du cadre strategique
9. Audiences publiques
19h
9.1a) Projet de modification de 1'Arret6 de zonage visant le 182, chemin Golden
Grove
9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage
9.2a) Projet de modification de 1'Arret6 de zonage visant le 61, promenade
Bayside
9.2b) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage
10. Etude des arret6s municipaux
10.1a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le
11, chemin King William
10. lb) Conditions impos6es par Particle 39
10.2 Troisieme lecture de la modification de 1'Arret6 de zonage
10.3a) Directeur g6n6ral : Rezonage propos6 visant le 237, rue Union
10.3b) Lettre revue de Victor Train — R6ponse concernant les conditions impos6es
par Particle 39
10.3c) Troisieme lecture de la modification de 1'Arret6 de zonage
10.4a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le
489, rue Sea
10.4b) Conditions impos6es par Particle 39
11. Interventions des membres du conseil
11.0 Facilitation de 1'am6nagement dans les quartiers du noyau urbain (maire
suppl6ant Chase)
11.1 Cr6ation dune densit6 accrue dans les quartiers du noyau urbain de la ville
(conseiller Snook)
5
11.2 Sous- comit6 visant a favoriser les espaces verts a plus d'endroits
(conseiller Snook)
11.3 UNBSJ (conseiller Titus)
11.4 Espace vert au centre communautaire Martinon (conseiller McGuire)
11.5 Mise a jour sur Pam6nagement r6sidentiel a forte densit6
(conseillere Higgins)
11.6 Mise a jour sur 1'am6nagement r6sidentiel au lotissement Fieldstone Estates
(conseillere Higgins)
11.7 Conseil consultatif du parc Rockwood (conseillere Higgins)
11.8 Am6nagement de la rue Thornborough (conseillere Higgins)
11.9 Pr6sentation de Jeux Canada Games Foundation (conseiller Sullivan)
11.10 Mise a jour sur la construction r6sidentielle a forte densit6 sur la
promenade Teck (conseillere Higgins)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Directeur g6n6ral : Demande de financement revue de la Compagnie
th6atrale de Saint John
12.2 Directeur g6n6ral : Installations de loisirs de Passociation d'expositions
13. Rapports deposes par les comit6s
13.1a) Comit6 de Saint John 225 recommandant Pachat de fart civique
13. lb) Saint John 225 — Rapport a Pintention du conseil
13.1c) Powning Designs Ltd.: Shards of Time (les 6clats du temps)
13.1 d) Entente relative a fart civique
13.1e) R6solution propos6e
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil
15. Correspondance g6n6rale
15.1 Demande de financement budg6taire relative au zoo Cherry Brook
15.1b) Pr6sentation devant le conseil de Rothesay
16. Lev& de la s6ance
0
Or
September 13, 2010
Common Council of the City of Saint John
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole Closed Session
The Common Council meeting of September 13, 2010 contains the following items on the
agenda. 1.0 Approval of Minutes 10.2(4); 1.1 Disclosure of Interest 10.2(4)(b); 1.2 Land Matter
10.2(4)(d);1.3 Litigation 10.2(4)(f,g); 1.4 Employment Matter 10.2(4)0); 1.5(a,b) Employment
Matter 10.2(4)(b,j)
Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of Council or
committee of council to discuss any of the following matters, the public may be excluded from
the meeting for the duration of the discussion ":
(b) personal information
(d) the proposed or pending acquisition or disposition of land for a municipal purpose;
(f) information concerning legal opinions or advice provided to the municipality by a
municipal solicitor, or privileged communications as between solicitor and client in a
matter of municipal business
(g) the access to or security of particular buildings, other structures or systems, including
computer or communication systems, or the access to or security of methods employed
to protect such buildings, other structures or systems
0) labour and employment matters, including the negotiation of collective agreements
Respectfully Submitted,
Jonathan Taylor
Assistant Common Clerk
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SAINT JOHN PA. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca C.P. 1971 Saint john, N. -B. Canada E2L 40
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Eric L. Teed, O. C,, C.Dq Q.C. B. c, B.A., B.C.L, Ktd Donnebrog
1019 Seawood Large, Saint John, NB, E2M 3G8
Tel: (506) 672 -6856
Non - Professional Office: 55 Canterbury Suet, Suite 102
P.O Box 102, Saint John, NB, E2L 2C6
Tel; (506) 632 -0096
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M &C- 2010 -305
September 10, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Stop Up and Closure of a Portion of Saint James St.
Harbour Clean -Up SLS #8 and N.B. Housing Corporation
BACKGROUND:
At its meeting of August 30, 2010 Common Council held the Public Hearing for
the consideration of the passing of a By -law to Stop Up and Close a 358 square
metre +/- undeveloped portion of a public street known as Saint James Street.
There was concern expressed that the proposed stop up and closure would
eliminate parking availability along Saint James Street that is currently enjoyed
by the tenants of the NB Housing's adjacent residential complex.
This report is to clarify the situation. The City has been working closely with NB
Housing on this file. The street closure is the first step in the process to ultimately
convey this surplus right of way to the Province so that they can enjoy more
parking than they have currently. The City's arrangement is that the 4 parking
spots lost as a result of the construction of Lift Station #8 near the corner of
Crown Street and Queen Street will be replaced in a new and properly constructed
parking lot on the former Saint James Street right of way. Four spaces will be lost
but 16 new spaces will be created in the new lot, so it will net out as a significant
improvement for the residents.
The portion of Saint James Street that is proposed to be stopped up and closed is
undeveloped street right of way, currently a grassed area with the exception of a
very small area that is paved and upon which a garbage dumpster has been placed
for use by the NB Housing tenants.
Staff have asked NB Housing to communicate to their tenants that should they
have any questions regarding the City's proposed project they should be directed
either to the Saint John office of NB Housing, or to the City's Real Estate
10
Report to Common Council
September 10, 2010
Page 2
Services Department. Notices to that effect will be posted within the residential
buildings with contact names and telephone numbers.
Prior to the 3rd reading of the proposed Bylaw for the proposed Stop Up and
Closure of this undeveloped portion of Saint James Street Staff will provide a
further report to Council for its consideration on this matter once all of the terms
and conditions of the Agreement of Purchase and Sale document with NB
Housing have been finalized. The Agreement document will be subject to a
successful enactment of the street closure.
RECOMMENDATION:
Receive and file
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, C.G.A.
City Manager
Pw /p
11
REPORT TO COMMON COUNCIL
M & C 2010 - 309
September 9, 2010
His Worship Mayor Ivan Court
& Members of Common Council
Your Worship and Members of Council,
SUBJECT: Tender for the supply of trees for the 2010 fall planting season
BACKGROUND:
ar-y Of sallir jolm
A tender for the supply of "grade 1 quality" trees for the 2010 fall planting season was
called on August 18, 2010. The tender includes a variety of trees which are planted at
various locations each year by the Leisure Services Department.
ANALYSIS:
Tenders closed on September 1, 2010, with the following results:
Vendor Bid Price
(Lump Sum)
1. Sheridan Nurseries (Georgetown, Ont.) $45,213.00
2. Dutchmaster Nurseries (Brougham, Ont.) $43,384.50
(All above exclusive of taxes)
Staff estimate for the supply of this year's order was $50,000.00 (taxes excluded).
The tenders were reviewed by staff of Materials Management and Leisure Services and were
found to be formal in all respects. Staff believes that the low tenderer has the necessary resources
and expertise to supply the products, and recommend acceptance of their tender.
12
PAGE TWO
FINANCIAL IMPLICATIONS:
This is a planned expenditure for which funds have been allocated in the City of Saint John's
Leisure Services Department's 2010 Capital Budget. The total cost of the supplies if awarded as
recommended will be $43,384.50 (plus tax).
RECOMMENDATION:
It is recommended Tender No. 2010 - 873001 T: TREES — GRADE NUMBER 1 be awarded to
the low bidder, Dutchmaster Nurseries Ltd., at the tax - excluded tendered price of $43,384.50.
Respectfully submitted,
(0__,jz g__
David Logan
Purchasing Agent
Patrick Woods
City Manager
13
REPORT TO COMMON COUNCIL
M & C — 2010 -299
10 September 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender for Sign Installation
BACKGROUND:
f
City of saint J1--oh iI
The tender closed on Wednesday August 25, 2010 for the provision of sign
installation services on behalf of the Saint John Fire Department and Saint John
EMO.
The City is purchasing approximately 252 signs to be strategically installed, over
the course of 2 years, in predetermined locations, in order to assist the public in
identifying the safest and most expedient routes to follow, should the need arise to
evacuated a specific area of the City.
Bidders were asked to quote a per sign unit price to cover the cost to supply a sign
post, to the required specifications, and labour, materials and equipment necessary
to install each of the signs to be provided by the City.
ANALYSIS:
The Fire Department initially contacted the City's Municipal Operations
Department however given the size of this project and the time constraints
necessary to complete the work; they were advised that Municipal Operations
lacked the necessary resources to take on this additional project and therefore
could not provide the necessary services.
Six companies chose to participate in this tender call by submitting bids. Staffs of
Materials Management and the Saint John Fire Department have reviewed the bids
and have found the tender of the lowest bidder to be complete in every regard. See
enclosed summary for details.
14
Page Two
FINANCIAL IMPLICATIONS:
If awarded as recommended, the total cost to supply new sign posts and to install
approximately 128 new evacuation route signs at a unit cost of $123.29 in 2010
and 124 at a unit cost of $127.29 in 2011, will be $31,565.08, plus tax.
This is a planned expenditure and as such funds to cover this cost are included in
the 2010 operating budget and are planned to be included in the 2011 operating
budget.
RECOMMENDATION:
It is recommended that the tender submitted by Safety First in the amount of
$123.29 per unit in 2010 and $127.29 per unit in 2011, for the supply of new sign
posts and all necessary labour, materials and equipment, required to install
approximately 252 new evacuation route signs in predetermined locations within
the City, be accepted.
Respectfully submitted,
rdj g�'
David J. Logan
Purchasing Agent
Patrick Woods
City Manager
15
City of Saint John
Tender
2010-990501T
SIGN INSTALLATION SUPPLY AGREEMENT -SAINT JOHN FIRE DEPARTMENT
Tender Opening: 2:30 P.M., Wednesday, AUGUST 25, 2010
2 "d Floor Boardroom, 175 Rothesay Avenue
16
Bruce
John
Safety
Design
Cossey
Sojourn
DESCRIPTION
Lawson
Flood &
First-
Art
Corporation
Enterprises
Contractor
Sons
SFC
Signs
Ltd.
Ltd.
YEAR 2010: 44 VARIOUS LOCATIONS,
$950.00
$272.00
$123.29
$145.34
$184.00
$199.65
128 SIGNS
$1,025.00
$274.00
$127.29
$145.34
$184.00
$215.62
YEAR 2011: 71 VARIOUS LOCATIONS,
124 SIGNS
16
REPORT TO COMMON COUNCIL
M & C — 2010 -306
10 September 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender for Dredging Services Lancaster Lagoon Cell #4
BACKGROUND:
Lit
¢° f
5
City of saint Jahn
Tenders closed on Wednesday, September 01, 2010 for the establishment ofatwo (2)
year Supply Agreement for a project that was approved in the Municipal Operations
and Engineering 2010 Utility Fund Operating Budget.
Removal of accumulated biosolids from the Lancaster Lagoon Cell #4 to
improve efficiency of the air diffuser system.
The operations covered by this tender call include; A) a lump sum mobilization
cost, B) hourly rates for operations and C) a per diem cost to cover crew
expenses. This project will allow flexibility to perform dredging work in the most
crucial areas as become evident from time to time throughout the operating year.
It will also permit the re -use of Geotube biosolids dewatering technology that has
resulted in a significant annual savings over mechanical dewatering technologies
employed in previous years.
ANALYSIS:
Three companies responded to the City's tender call by submitting bids. Staff has
reviewed the bids and has found them to be complete in every regard.
A summary of the tenders received is enclosed for your consideration. Staff is of
the opinion that the low bidder has the necessary resources and expertise to
perform the work, and recommend acceptance of their tender.
17
Page Two
FINANCIAL CONSIDERATIONS:
Assuming award of the tender, as recommended to the low bidder, an analysis has
been completed which includes the estimated amount of work on this project that
will be performed over the 2 year period of coverage.
The project is estimated to cost $41,510.00, plus tax in 2010 with a similar
estimate for the second year of the agreement.
Funds to cover the cost of this service are included in the 2010 Operating Budget with
a similar amount to be requested for 2011.
RECOMMENDATION:
It is recommended that the tender ofNewalta Corporation, for the establishment of a
two year supply agreement for the removal of biosolids from the Lancaster Lagoon, in
accordance with the requirements of the tender and the unit prices contained on the
enclosed summary, be accepted.
Respectfully submitted,
rd'� g�-
David Logan, CPPB
Purchasing Agent
Patrick Woods
City Manager
18
City of Saint John
Tender
2010-084101T
DREDGING SERVICES — LANCASTER LAGOON
Tender Opening: 2:30 P.M., Wednesday, SEPTEMBER 01, 2010
2nd Floor Boardroom, 175 Rothesay Avenue
DESCRIPTION:
Consolidated
Terratube
Newalta
Giroux
Corporation
Environment Inc.
Item A — Mobilize /Demobilize to Lancaster Waste Water
Treatment Facility. Price to include any expenses prior to first
on -site work day and after final on -site work day
Lump Sum 2010
$8,000.00
$7,690.00
$2,750.00
2011
$8,240.00
$7,690.00
$2,750.00
Item B- Dredging crew, consisting of operators, dredge unit,
polymer make -down system and all manifolds and piping
required between dredge and Geotube. Price to be all- inclusive
hourly rate including polymer consumed
Hourly Rate 2010
$ 375.00
$ 265.00
$ 273.00
2011
$ 386.25
$ 265.00
$ 273.00
Item C — Per diem for crew, price to be for entire crew on a per
day basis
Per Diem 2010
$ 220.00
$ 425.00
$ 0.00
2011
$ 226.60
$ 425.00
$ 0.00
Wee
REPORT TO COMMON COUNCIL
f
M & C —2010 -307 City of saint ]cohn
10 September 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender for the Scott Air Pack Upgrade to NFPA 1981, 2007 Edition
for the Saint John Fire Department
BACKGROUND:
Tenders have been received for the upgrade of 12 Scott Air Packs presently
configured to the 1997 standard and 12 Air Packs presently configured to the 2002
standard, to the NFPA 1981 2007 standard.
The life cycle of the Fire Department's self - contained breathing apparatus (SCBA) is
about 15 years. The life of SCBA packs purchased prior to year 2000 can be
extended by upgrading the pack to current standards. With the cost of upgrading
being about half the cost of a new pack, the Fire Department plans to upgrade about
24 packs during 2010. This process will extend the life of the packs for another 10-
years.
ANALYSIS:
Four companies responded to the City's tender call by submitting bids. Staff of the
Saint John Fire Department and Materials & Fleet Management has reviewed the bids
and have enclosed a bid summary for Council's consideration.
dc
PAGE TWO
FINANCIAL IMPLICATIONS:
If awarded as recommended, the total cost for the upgrade of the 24 Scott Air Packs
will be $60,049.92 plus tax.
This is a planned expenditure and as such funds are included in the 2010 Capital
Budget for Fire Equipment.
RECOMMENDATION:
It is recommended that Council award the tender for the upgrade of the Scott Air
Packs to MicMac Fire & Safety in the amount of $60,049.92, plus tax.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
Patrick Woods
City Manager
21
City of Saint John
Tender
2010-424001T
SCOTT AIR PACK UPGRADE TO NFPA 1981, 2007 EDITION
SAINT JOHN FIRE DEPARTMENT
Tender Opening: 2:30 P.M., Wednesday, AUGUST 25, 2010
2nd Floor Boardroom, 175 Rothesay Avenue
22
Safety
Levitt
Micmac
Acklands
Description
Source
Safety
Fire &
Granger
Safety
Inc.
12- Conversation /upgrade of Air packs
configured to the 1997 standard to the 2007
$3,238.00
$2,943.94
$2,704.58
$2,810.31
standard
12- Conversation /upgrade of air packs
configured to the 2002 standard to the 2007
$25719.00
$2,502.00
$2,299.58
$2,402.28
standard
Miscellaneous repairs as authorized by Saint
John Fire Department
$ 60.00 /hr
$70.00 /hr
$60.00 /hr
$82.14/hr
22
REPORT TO COMMON COUNCIL
M &C- 2010 -302
September 8, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Forbes Drive Area Development
BACKGROUND:
At the Common Council meeting of August 30, 2010, Common Council
requested an update on development in the Forbes Drive area.
ANALYSIS:
City of Saint John
A Public Hearing for the rezoning was held at the Common Council meeting of
September 26, 2005, with third reading given at the Common Council meeting of
October 11, 2005.
The overall development covers an area of 82 hectares (305 acres) and is
proposed to contain a mix of one and two - family dwellings, townhouses and
multiple residential buildings. The initial phase of the project involves the
extension of Forbes Drive to develop semi - detached dwellings along with a new
site for the Main Street Baptist Church and possible seniors housing on the church
site.
Assent to a tentative subdivision plan allowing for the development of the
extension of Forbes Drive (Phase 1) and the creation of approximately 18 serviced
residential lots was also given by Common Council at the October 11, 2005
meeting, along with authorization for the development of the required City /
Developer Subdivision agreements and the acceptance of cash -in -lieu for the
required Lands for Public Purposes for Phase 1 of the subdivision.
23
M & C — 2010 — 302 - 2 - September 8, 2010
On January 30, 2006, a final plan of subdivision was approved to create seven
residential building lots and a portion of Forbes Drive. This portion of roadway
has been constructed.
In 2007, two subdivision plans were approved to create two large parcels totaling
approximately 12.3 hectares for lands along the south side of Forbes Drive. These
lands were transferred from the Developer to the Trustees of the United Baptist
Church at Main Street in Saint John in 2006 and 2008.
On May 20, 2010 approval was given to a Tentative Plan of Subdivision to
subdivide a 0.2 hectare parcel to the rear (north) of the properties at 175 to 195
Highland Road.
An enquiry was made to the developer who noted, that finalizing the routing of
the Brunswick Pipeline through the area affected the pace at which the land has
been developed. Now that the pipeline has been constructed, market conditions
with respect to housing demand are affecting the pace of development on the
lands.
RECOMMENDATION:
That Common Council receive and file this report.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
MR
Project No. 10 -177
24
REPORT TO COMMON COUNCIL
M &C- 2010 -303
September 8, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Arlington Crescent Area Development
BACKGROUND:
At the Common Council meeting of August 30, 2010, Common Council
requested an update on development in the Arlington Crescent area.
ANALYSIS:
City of Saint John
At the April 28, 2008 meeting of Common Council, approval was given to an
application submitted by Caliber Consulting Limited to rezone and subdivide
property located at 1060 Sandy Point Road to permit a commercial and residential
development.
The proposed development included 92 townhouse units and three four - storey
condominium buildings on Arlington Crescent. A portion of the adjacent land
zoned `B -2" General Business, which fronts on Sandy Point Road, was rezoned to
"RM -2" High Rise Multiple Residential in August 2008 to allow for the
development of two five - storey apartment buildings with a total of 120 dwelling
units.
At its meeting of April 27 and May 4, 2009, Common Council adopted a
resolution to petition the Provincial Legislature to remove a portion of land
containing the right -of -way for Arlington Crescent from the Tucker Trust. This
would allow for the street connection to be a permanent feature of the
development.
25
M & C — 2010 — 303 - 2 - September 8, 2010
A final plan of subdivision was approved by the Development Officer on May
12, 2009 to create 51 residential part lots for townhouse development and a
section of Arlington Crescent approximately 390 metres in length.
On August 31, 2010 side yard variances and a tentative subdivision plan were
approved to allow for the construction of 6 semi - detached buildings and two
townhouse buildings (a future 3 -unit and an existing 4- unit). Five 4 -unit
townhouse buildings were originally proposed in this area along Arlington
Crescent, but the developer now believes a stronger market exists for the semi-
detached units.
Based on a discussion with the developer's consultant, the developer is planning
to apply for building permits to commence construction of the semi - detached
buildings during the remainder of the 2010 construction season.
RECOMMENDATION:
That Common Council receive and file this report.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
Project No. 10 -177
26
REPORT TO COMMON COUNCIL
M &C- 2010 -311
September 9, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Lease of Space Stall No. 5
The City Market
BACKGROUND:
City of Saint John
Corcana Emporium Inc. (CE) hopes to Lease Stall #5 in the City Market from the
City of Saint John. CE intends to operate a Hodo Cookie and Chocolate Shop.
Hodo Cookies are made in a unique automated cookie machine. Along with the
Hodo cookie, the store will feature high end chocolate offerings and related
goods. The proposed use is considered appropriate in that it doesn't conflict with
any existing uses, however the Hodo Cookie Machine does give some cause for
concern in that it does operate with some noise. Staff is acutely aware of the need
to ensure quiet enjoyment of space to the other tenants in the market. While it is
the sights, sounds and smells that make the market special, staff has taken a firm
position that ensure noise impacts do not become an issue with a very clear clause
to manage the situation.
Rents range from $26 psf to $50 psf with a 6 month rent free period to offset
space build out costs. The term of the Lease is 5 years. The Landlord's base
building work is estimated to be $6,500 to $7,500 for electrical and plumbing
improvements. The tenant hopes to be open for October of 2010. The Lease
document as attached is standard and consistent with the Leases granted to other
tenants in the City Market.
27
M & C — 2010 — 311 - 2 - September 9, 2010
RECOMMENDATION:
1. That The City of Saint John enter into a Lease of space for Stall "5" in the
City Market with Corcana Emporium Inc. under the terms and conditions
as set out in the Lease submitted with M &C 2010 -311, and further
2. That the Mayor and Common Clerk be authorized to execute the lease.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
PIE
Form A19
LEASE
Standard Forms of Conveyances Act, S.N.B. 1980, c. S -12, s.2
The parties to this lease are:
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-
Corcana Emporium Inc., a duly incorporated company, having its head office at
31 Anchorage Avenue, Saint John, N.B. E2K 5R3, the "Lessee"
The Lessor leases to the Lessee the premises described in Schedule A and Al
attached hereto on the following conditions:
Duration:
Date of Commencement:
Date of Termination:
Payment Dates:
Place of Payment
Five (5) years
October 15, 2010
October 14, 2015
First day of each and every month
during the term hereof
Cashier's Office
City Hall, 15 Market Square
Saint John, NB
This lease contains the covenants and conditions which are attached and set out
in:
(b) Schedule C attached hereto.
DATED , 2010.
SIGNED, SEALED & DELIVERED
In the presence of
29
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
September , 2010.
CORCANA EMPORIUM INC.
Per:
Kim Abraham
SCHEDULE_
i. H\If l I A f
13 11„
GROUND FLOOR (LEASEABLE AREA -333'3.f.)
SCALE: 1 /4 " =1' -0"
LEASE PLAN FOR CORCANA EMPORIUM INC.
CITY MARKET: STALL 5
30
LL
UMN
y
SCUZDULE 41
MEZZANINE FLOOR (LEASEABL•E AREA 179 s.f.)
SCALE: 1/4"=l'—O"
LEASE PLAN FOR CORCANA EMPORIUM INC.
CITY MARKET: MEZZANINE ABOVE STALL 4
31
%SE
E
C, I.
COLUMN
N
LEASE FOR STALL SPACE
CITY MARKET
SCHEDULE C
ARTICLE I
DEFINITIONS
1.01 Definitions
In this lease:
a) "Additional Rent" means all and any monies required to be paid by the
Lessee to the Lessor under or pursuant to the terms of this Lease, save
only for Gross Rent;
b) "Architect" shall mean the architect from time to time named by the
Lessor or at the option of the Lessor, the Lessor's general contractor.
Any certificate provided by the Architect and called for by the terms of this
Lease shall be final and binding on the parties hereto;
c) "Commencement Date" means a date determined in accordance with the
provisions of Section 2.03;
d) "Common Areas" means those areas, facilities, utilities, improvements,
equipment and installations in the City Market which from time to time are
not designated or intended by the Lessor to be leased to tenants of the
City Market, and those areas, facilities, utilities, improvements, equipment
and installations which serve or are for the benefit of the City Market
whether or not located in, adjacent to or near the City Market and which
are designated from time to time by the Lessor as part of the Common
Areas. Without limiting the generality of the foregoing, Common Areas
includes all parking areas, all entrances and exits thereto and all
structural elements thereof, access roads, truck courts, driveways,
truckways, delivery passages, the roof, exterior weather walls, exterior
and interior structural elements and bearing walls in the building and
improvements comprising the City Market, package pick -up stations,
loading and related areas, pedestrian stairways, ramps, electrical,
telephone, meter, valve, mechanical, mail storage service and janitor
rooms and galleries, fire preventions, security and communication
systems, columns, pipes, electrical, plumbing, drainage, any central
system for the provision of heating, ventilating or air conditioning to
leaseable premises or any enclosed Common Areas and all other
installations, equipment or services located therein or related thereto as
well as the structures housing installations, including but not limited to all
open and enclosed malls, courts and arcades, public seating and service
areas, corridors, furniture, first aid and/or information stations, auditoria,
conference rooms, nurseries, childcare play areas and related kitchen
and storage facilities, escalators, elevators, public washrooms, music
systems and any atrium seating /food court;
e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any
index published in substitution for the Consumer Price Index or any other
replacement index reasonably designated by the Lessor, if it is no longer
published) published by Statistics Canada (or by any successor thereof or
any other governmental agency, including a provincial agency);
f) "Atrium Seating /Food Court" means those portions of the Common Areas
designated by the Lessor from time to time for use in support of the
operations of any group of premises providing quick food service to
customers of the City Market and includes, without limiting the generality
of the foregoing, public table and seating areas, waste collection facilities
and other areas, facilities and equipment intended for such use;
32
Lease for Stall Space — City Market
Schedule C
2-
g) "Gross Receipts" means the total of all gross sales and receipts from all
business conducted upon or from the Leased Premises, whether or not
by the Lessee, and whether for cash, cheques, credit, charge account,
exchange or otherwise, and shall include, but not be limited to, amounts
received or receivable from the sale of goods or services and the amount
of all orders taken or received at the Leased Premises regardless of
where they are filled, whether such sales be made at a sales desk or
counter, over the telephone or by any vending device. Interest,
instalment, finance charges and deposits will be included, and bank or
collection agency charges and uncollectible amount or bad debts will not
be deducted. A credit or instalment sale will be considered as a sale for
the full price in the month in which it takes place. Gross Receipts shall
not include:
i. sales for which the customer has received a refund, provided that
the original sale was included in Gross Receipts;
ii. sales of merchandise in exchange for returned merchandise, but
only to the extent the original sale of the returned merchandise
was included in Gross Receipts;
iii. HST and any other sales, use, excise or gross receipts tax directly
on sales and collected from customers at the point of sale,
provided that the amount thereof is added to the selling price and
shown and/or collected as a separate item, and paid by the
Lessee to such governmental authority;
iv. delivery charges;
v. transfers of merchandise between stores of the Lessee or
returned to suppliers of the Lessee, but only if such transfer or
return is not for the purpose of reducing Gross Receipts.
h) "HST" means harmonized sales taxes, value -added taxes, multi -stage
taxes, business transfer taxes or other similar taxes however they are
characterized and any taxes in lieu thereof;
i) "Hazardous Substances" means any contaminant, pollutant, dangerous
substance, potentially dangerous substance, noxious substance, toxic
substance, hazardous waste, flammable, explosive or radioactive
material, urea formaldehyde foam insulation, asbestos, PCB's or any
other substances or materials that are declared or defined to be
hazardous, toxic, contaminants or pollutants in or pursuant to any
applicable federal, provincial or municipal statute, by -law or regulation;
j) "Lessor" includes the Lessor and its successors and assigns;
k) "Lease" means this indenture of lease and includes any riders and
schedules hereto and shall also include any agreements entered into
which have the effect of amending this indenture from time to time;
1) "Leased Premises" means the premises leased to the Lessee as referred
to and described in Section 2.01 hereof. Save as mentioned below, the
boundaries of the Leased Premises shall extend from the top surface of
the structural subfloor to the bottom surface of the structural ceiling. If the
Leased Premises have no ceiling abutting the demising walls, but rather
are open to the ceiling of the City Market building, the boundaries of the
Leased Premises extend from the top surface of the structural subfloor to
the height of the demising walls;
m) "Lease Year" shall mean a period of time, the first Lease Year
commencing on the Commencement Date and ending on the 3181 day of
December in the calendar year of the Commencement Date. Thereafter
Lease Years shall consist of consecutive periods of twelve calendar
months ending in each case on December 313t, save for the last Lease
33
Lease for Stall Space — City Market
Schedule C
Z
Year of the Term which shall terminate upon the expiration or earlier
termination of this Lease, as the case may be;
n) "Gross Rent" means the annual Gross Rent payable by the Lessee
pursuant to Section 3.01;
o) "Operating Costs" means the total cost and expense incurred in owning,
operating, maintaining, managing and administering the City Market and
the Common Areas, specifically including without limiting the generality of
the foregoing, any capital or place of ownership taxes levied against the
Lessor or any owners of the City Market on account of their interest in the
City Market, in an amount equitably allocated to the City Market by the
Lessor; gardening and landscaping charges; the cost and expenses of
taking out the insurance described in Section 9.03; cleaning, snow
removal, garbage and waste collection and disposal; lighting, electricity,
public utilities, loud speakers, public address and musical broadcasting
systems and any telephone answering service used in or serving the City
Market, and the cost of electricity and maintenance for any signs
designated by the Lessor as part of the Common Areas; policing,
security, supervision and traffic control; salaries and benefits of all
supervisory and other personnel employed in connection with the City
Market and management office rent imputed to the City Market by the
Lessor, acting reasonably; Management Fee, the cost of providing
additional parking or other Common Areas for the benefit of the City
Market, whether such costs be Taxes or other type of costs; the costs and
expenses of environmental site reviews and investigations, removal
and/or clean -up of Hazardous Substances from the Common Areas; the
cost of the rental of any equipment and signs and the costs of supplies
used in the maintenance and operation of the City Market and the
Common Areas; accounting and audit fees incurred in the preparation of
the statements required to be prepared and supplied by the Lessor under
the terms of this Lease; heating, ventilating and air conditioning of the
Common Areas; all repairs and replacements to and maintenance and
operation of the City Market and the Common Areas; depreciation or
amortization of the costs, including repair and replacement, of all
maintenance and cleaning equipment, master utility meters, and all other
fixtures, equipment, and facilities serving or comprising the City Market or
the Common Areas; which are not charged fully in the Lease Year in
which they are incurred, from the earlier of the date when the cost was
incurred or the Commencement Date, at rates on the various items
determined from time to time by the Lessor in accordance with sound
accounting principles;
p) "Proportionate Share" means a fraction, the numerator of which is the
Rentable Area of the Leased Premises and the denominator of which is
the Rentable Area of the City Market;
q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the
terms of this Lease;
r) "Rentable Area of the Leased Premises" means the area expressed in
square feet of all floors of the Leased Premises measured from:
i. the exterior face of all exterior walls, doors and windows;
ii. the exterior face of all interior walls, doors and windows
separating the Leased Premises from Common Areas; if any; and
iii. the centre line of all interior walls separating the Leased Premises
from adjoining leasable premises.
The Rentable Area of the Leased Premises includes all interior space
whether or not occupied by projections, structures or columns, structural
or non - structural, and if the store front is recessed from the lease line, the
area of such recess for all purposes lies within the Rentable Area of the
Leased Premises.
34
Lease for Stall Space — City Market
Schedule C
4-
s) "Rentable Area of the City Market" means the area in square feet of all
rentable premises in the City Market set aside for leasing by the Lessor
from time to time, except for any occupancy as designated by the Lessor
for which there is no Gross Rent payable. Provided however that the
Lessor shall credit to Operating Costs any contributions received in
respect of such Operating Costs from the occupants of any of the areas
excluded from the Rentable Area of the City Market in accordance with
this definition. Provided further that in determining the fraction that is the
Lessee's Proportionate Share, if the Leased Premises consists of any of
the foregoing excluded categories, the Rentable Area of that category will
be included in the Rentable Area of the City Market;
t) "Rules and Regulations" means the rules and regulations adopted and
promulgated by the Lessor from time to time acting reasonably, including
those listed on Schedule "D";
u) "City Market" means the lands and premises known by the civic address
47 Charlotte Street, Saint John, New Brunswick, as such lands and
premises may be altered, expanded or reduced from time to time and the
buildings, improvements, equipment and facilities erected thereon or
situate from time to time therein;
v) "Taxes" means all duties, real property taxes, charges, assessments and
payments, from time to time levied, assessed or imposed upon the City
Market or any part thereof or upon the Lessor by reason of its ownership
of the City Market, by any taxing authority. Taxes shall also include any
penalties, late payment or interest charges imposed by any municipality
or other taxing authority as a result of the Lessee's late payments of any
taxes or instalments thereof. For greater certainty "Taxes" shall exclude
any penalties or interest incurred by the Lessor as a result of its failure to
pay Taxes in a timely manner, except Taxes shall include any interest in
respect of a deferral of payment in accordance with sound accounting
practices if permitted by statute or pursuant to an agreement with the
taxing authority; and (ii) income, profit or excess profits taxes of the
Lessor;
w) "Lessee" means the party named as Lessee in this Lease; and
x) "Term" means the period referred to in Section 2.03.
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved
and contained on the part of the Lessee to be paid, observed and performed, the Lessor
demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased
Premises. The Leased Premises are presently designated as Stall No. 5 and
Mezzanine Space over Stall 4 together with a right of access for ingress, egress
and regress to the Mezzanine Space over and upon the "Common Building Area"
between Stall 5 and Stall 4, are shown on Schedule A attached hereto and contain a
Rentable Area of approximately Three Hundred Square Feet (300 ft). In the event the
Leased Premises is re- measured the Lessee shall pay all rents based on a maximum
square footage of Three Hundred Square Feet (300 ft =).
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased Premises shall entitle the
Lessee to the use in common with all others entitled thereto of the Common Areas,
subject however, to the terms and conditions of this Lease and to reasonable rules and
regulations for the use thereof as prescribed from time to time by the Landlord.
35
Lease for Stall Space — City Market
Schedule C
5-
2.03 Term of Lease
TO HAVE AND TO HOLD the Leased Premises for and during the term of five
(5) years to be computed from October 15, 2010 and fully to be completed and ended
on October 14, 2015 save as hereinafter provided for earlier termination.
PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be
performed prior to the Lessee opening for business in the Leased Premises or the
Leased Premises are occupied by a third parry as of the date of this Lease, the
Commencement Date shall be the earlier of:
a) thirty (30) days after the Lessor has delivered vacant possession of the
Leased Premises to the Lessee notwithstanding that the Lessor may still,
during such thirty (30) day period, be completing its work; or
b) the opening by the Lessee to the public of its business in the Leased
Premises.
Notwithstanding any change in the Commencement Date calculated in
accordance with the preceding provisions hereof, the Terms shall expire on the date set
for such expiry in the first paragraph of this Section 2.03, subject always to earlier
termination as provided for in this Lease.
PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee
that the Leased Premises are available for the commencement of the Lessee's Work,
the Lessee shall immediately take possession of the Leased Premises and shall occupy
same for the purpose of fixturing and installing its inventory, at its own risk, for a period
of thirty (30) days after receipt of such notice or until the Lessee opens for business to
the public in the Leased Premises, free of the payment of Gross Rent, and Additional
Rent save for the obligation of the Lessee to pay for all utility charges used by the
Lessee or consumed in the Leased Premises during the period of such fixturing, and
shall during the period from the giving of such notice until the Commencement Date be a
tenant in the Leased Premises subject to the same covenants and agreements as are
contained in this Lease, mutatis mutandis.
FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE
CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased
Premises to the Lessee for any reason, including but not limited to the holding over or
retention of possession of any other lessee or occupant, or the lack of completion of any
repairs, improvements or alterations required to be completed before the Lessee's
occupancy of the Leased Premises, then the time for commencement of the Term shall
be extended to correspond with the period of delay and the Lessee shall not be entitled
to any abatement or diminution of Rent (except that Rent shall not commence to be
payable until possession of the Leased Premises is given by the Lessor to the Lessee)
nor shall the validity of this Lease or the parties' respective obligations hereunder be
affected. However, if the Lessor does not give vacant possession of the Leased
Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor
may, at is option, terminate this Lease by written notice to the Lessee and in such event
this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the
Lessee to the Lessor shall be returned without interest or deduction, and neither party
shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with
the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual
form.
The Lessee shall pay all Gross Rent and Additional Rent calculated on a per
diem basis, from the end of the rent -free period to the last day of the month in which
the Commencement Date occurs and thereafter all payments of Rent shall be made on
the first day of each month throughout the Term unless otherwise specified herein.
36
Lease for Stall Space — City Market
Schedule C
6-
2.04 Option to Renew
The Lessee shall have the option to renew this Lease for a further one (1) term of
five (5) years at the then prevailing market rate by providing written notice of its intention
to renew to the Lessor no later than six (6) months prior to the expiration of the Initial
Term. In the event the Lessor and the Lessee do not agree on the then prevailing
market rate, such rate may be determined by a single arbitrator appointed by agreement
between the Lessor and the Lessee pursuant to the Arbitration Act."
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Thirty Seven
Dollars and Twenty Cents ($37.20) per square foot of Leased Premises. The Gross
Rent shall be paid in equal monthly instalments, monthly in advance. According to the
following schedule:
Year 1 -
$650.00 monthly ($26.00 per square foot)
Year 2 -
$850.00 monthly ($34.00 per square foot)
Year 3 -
$850.00 monthly ($34.00 per square foot)
Year 4 -
$1,050.00 monthly ($42.00 per square foot)
Year 5 -
$1,250.00 monthly ($50.00 per square foot)
3.02 Reports by Lessee
a) The Lessee shall submit to the Lessor on or before the 10th day followin
the end of each calendar month during the Term and including the 10
day of the month following the end of the Term, at the place then fixed for
the payment of Rent, a written statement signed by the Lessee showing
the amount of Gross Receipts for the preceding month (and fractional
month, if any) and the amount of Gross Receipts for all preceding months
of such Lease Year;
b) On or before the 601h day following the end of each Lease Year (including
the last Lease Year of the Term) the Lessee shall submit to the Lessor a
statement in such form, style and scope as the Lessor reasonably
determines, showing the amount of Gross Receipts during the preceding
Lease Year, which statement shall be duly certified to be correct by the
Lessee. The Lessee will not change its procedure relating to any aspect
of its reporting of Gross Receipts without the prior written consent of the
Lessor, which consent shall not be unreasonably withheld.
c) In addition to any other reports required by this Section 3.02, the Lessee
shall also supply to the Lessor a statement of the approximate amount of
Gross Receipts during any particular week in respect of which such a
statement is requested by the Lessor, it being acknowledged that such
weekly statement will be requested during weeks when promotions or
other special activities are being carried on in the City Market.
3.03 Audit (Mandatory when rent calculation based on Lessee's sales)
At its option, the Lessor may cause, at any reasonable time upon five (5) days'
prior written notice to the Lessee, a complete audit to be made of the Lessee's entire
business affairs and records relating to the Leased Premises for the period covered by
any statement issued by the Lessee pursuant to Section 3.02. Any information obtained
by the Lessor as a result of such audit shall be held in strict confidence by the Lessor.
37
Lease for Stall Space — City Market
Schedule C
7-
3.04 Rent Past Due
If the Lessee fails to pay, when the same is due and payable, any Gross Rent,
Additional Rent or other amount payable by the Lessee under this Lease, such unpaid
amounts shall bear interest from the due date thereof to the date of payment,
compounded monthly at the rate equal to four (4) percentage points in excess of the
Prime Rate.
3.05 Deposit
The Lessor acknowledges receipt of Thirteen Hundred Dollars ($1,300.00)
which it will apply towards the payment of Gross Rent for the first and last months of the
Term except that the Lessor may apply all or part of the amount retained for application
towards the last month's Gross Rent as compensation for any loss or damage arising
from the breach by the Lessee of any provisions of this Lease. This right will not be
construed to limit the Lessor's other rights under this Lease or at law or to limit the
amount recoverable by the Lessor for damages in respect of breaches by the Lessee of
this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent
as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor
the amount required to reimburse it for the amounts so applied. The Lessor will not be
required to pay interest to the Lessee on any of the amounts paid to the Lessor or
retained by it under this section. The Lessor may deliver the aforesaid deposit to any
purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the
Lessor will immediately be discharged from any further liability with respect to the
deposit. The Lessee will not assign or encumber its interest in the deposit except in
connection with a permitted Transfer, in which case the Lessee's interest in the deposit
will be deemed to have been assigned to the permitted Transferee as of the date of the
Transfer.
3.06 Pre - Authorized Payments /Postdated Cheques
The Lessee may participate in a pre - authorized payment plan whereby the
Lessor will be- authorized to debit the Lessee's bank account each month from time to
time during each Lease Year in an amount equal to the Gross Rent and Additional Rent
payable on a monthly basis, and, if applicable, generally any amount payable
provisionally pursuant to the provisions of this Lease on an estimated basis. In the event
the Lessee opts to participate in the pre - authorized payment plan, the Lessee shall sign
a form of application which is the same or similar to Schedule "13-1 ", to give full force and
effect to the foregoing within five (5) days of presentation. In lieu of the pre - authorized
payment plan referred to above, the Lessor shall be entitled to require the Lessee to
present at the beginning of each Lease Year a series of monthly postdated cheques for
each such Lease Year for the aggregate of the monthly payments of Gross Rent payable
on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the
provisions of this Lease on an estimated basis.
ARTICLE IV
11 1_►:1 1
4.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed
against the City Market or any part thereof subject always to the provisions of this Lease
regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of
any such Taxes or defer compliance with any statute, law, by -law, regulation or
ordinance in connection with the levying of any such Taxes in each case to the fullest
extent permitted by law, so long as it diligently prosecutes any contest or appeal of any
such Taxes.
4.02 Taxes Payable by Lessee
a) The Lessee shall during the Term pay, without any deduction, abatement
or set -off whatsoever, all Taxes levied, laid or assessed on or against the
Leased Premises;
b) In the case of assessments for local improvements or betterments which
are assessed or imposed during the term and which may by law be
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payable in instalments, the Lessee shall only be obligated to pay such
instalments as same fall due during the Term, together with interest on
deferred payments;
c) In any suit or proceeding of any kind or nature arising or growing out of
the failure of the Lessee to keep any covenant contained in this Article,
the certificate or receipt of the department, officer or bureau charged with
collection of the Taxes, showing that the tax, assessment or other charge
affecting the Leased Premises is due and payable or has been paid, shall
be prima facia evidence that such tax, assessment or other charge was
due and payable as a lien or charge against the Leased Premises or that
it has been paid as such by the Lessor;
d) The Lessee, if allowed by the taxing authority, shall have the right to
contest or review by legal proceedings or in such manner as the Lessee
in its opinion shall deem advisable (which proceedings or other steps
taken by the Lessee shall be conducted diligently at its own expense and
free of expense to the Lessor) any and all Taxes levied, assessed or
imposed upon or against the Leased Premises or Taxes in lieu thereof
required to be paid by the Lessee hereunder. No such contest shall defer
or suspend the Lessee's obligations to pay the Taxes as herein provided
pending the contest, but if by law it is necessary that such payment be
suspended to preserve or perfect the Lessee's contest, then the contest
shall not be undertaken without there being first deposited with the Lessor
a sum of money equal to twice the amount of the Taxes that are the
subject of the contest, to be held by the Lessor as an indemnity to pay
such Taxes upon conclusion of the contest and all costs thereof that may
be imposed upon the Lessor or the Leased Premises. Any costs
associated with an appeal undertaken by the Lessor, the Lessee shall
pay their proportionate share of such costs;
e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor
all paid bills for Taxes which bills after inspection by the Lessor shall be
returned to the Lessee.
4.03 HST Payable by 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 Lessee with respect to this Lease, in the
manner and at the times required by the applicable legislation. Such amounts are not
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 of the same
remedies for and rights of recovery of such amounts as it has for recovery of Rent under
this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the
Lessor due to a default or as consideration for a modification of this Lease, and the
applicable legislation deems a part of the deposit or amount to include HST, the deposit
or amount will be increased and the increase paid by the Lessee so that the Lessor will
receive the full amount of the forfeited deposit or other amount payable without
encroachment by any deemed HST portion.
4.04 Business Taxes and Other Taxes of Lessee
The Lessee shall pay to the lawful taxing authorities, when the same becomes
due and payable:
a) all taxes, rates, duties, assessments and other charges that are levied,
rated, charged or assessed against or in respect of all improvements,
equipment and facilities of the Lessee on or in the Leased Premises; and
b) every tax and license fee which is levied, rated, charged or assessed
against or in respect of any business carried on in the Leased Premises
or in respect of the use or occupancy thereof
whether in any case any such taxes, rates, duties, assessments or license fees are
rated, charged or assessed by any federal, provincial, municipal or other body.
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ARTICLE V
UTILITIES
5.01 Utilities
The Lessee shall pay all utilities directly to the utility company, on a metered
basis. In the event that a Lessee leases cooler space with the Leased Premises, the
Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed.
ARTICLE VI
MERCHANTS' ASSOCIATION
6.01 Merchants' Association
If and when an association or corporation of merchants or lessees (the
"Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith
become a member of such Association or if such an Association has already been
formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain
its membership in such Association during the entire Term and shall abide by all rules,
regulations, by -laws, decisions, directions, dues and assessments of the Association.
Such Association shall in no way affect the rights of the Lessor and any by -laws, rules
and regulations of such Association shall at all times be subject to the prior approval of
the Lessor.
6.02 Promotion Fund
The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent
to be paid in twelve (12) monthly instalments each instalment payable on the 1st day of
each month during the Term.
ARTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased Premises
a) The Leased Premises shall be used continuously, actively and diligently
for the sole purpose of a store for the sale of confectionary products,
including HODO Cookies, chocolate products from a variety of
manufacturers; all HODO cookies sold must be made on site using the
unique HODO cookie machine. The Lessee may sell other confectionary
products including, but not limited to gum, fudge, candy floss, popcorn,
licorice and other confectionaries. The Lessee shall not keep on, give or
sell from the Leased Premises beverages of any kind, or any food items
such as baked goods, other than cookies, meat or meat products, or fresh
produce.
The Lessee will not use or permit or suffer the use of the Leased Premises or
any part thereof for any other business or purpose. In connection with the
business to be conducted by the Lessee on the Leased Premises, the Lessee
shall only use the advertised name "HODO COOKIE & CHOCOLATE
SHOP" and will not change the advertised name of the business to be
operated in the Leased Premises without the prior written consent of the
Lessor.
The Lessee shall not introduce new product lines, or offer new services to its
customers without first obtaining the written consent of the Lessor. The
Lessee acknowledges that it would be reasonable for the Lessor to withhold
its consent if the introduction by the Lessee of such product line or service
would compete with the business of other tenants in the City Market or
infringe on exclusive covenants granted by the Lessor.
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Unless otherwise specifically set out in this Lease to the contrary, nothing
contained in this Lease shall: (i) confer upon the Lessee the exclusive right
to sell or provide in the City Market any of the products or services permitted
to be sold or provided from the Leased Premises pursuant to this Section
7.01; nor (ii) prevent the Lessor from leasing any other premises in the City
Market to any other tenant(s) carrying on a business which is similar in whole
or in part to the business permitted to be carried on from the Leased
Premises pursuant to this Section 7.01.
b) The Lessee acknowledges that its continued occupancy of the Leased
Premises and the regular conduct of business therein are of utmost
importance to neighbouring tenants and to the Lessor in the renting of
space in the City Market, the renewal of other leases therein, the efficient
and economic supply of services and utilities, and in the character and
quality of other tenants in the City Market. The Lessee therefore
covenants and agrees that throughout the Term it will occupy the entire
Leased Premises, comply strictly with the provisions of Section 7.01 and
not vacate or abandon the Leased Premises at any time during the Term.
The Lessee acknowledges that the Lessor is executing this Lease in
reliance thereupon and that the same is a material element inducing the
Lessor to execute this Lease. The Lessee further agrees that if it vacates
or abandons the Leased Premises or fails to so conduct its business
therein, or uses or permits or suffers the use of the Leased Premises for
any purpose not specifically herein authorized and allowed, the Lessee
will be in breach of the Lessee's obligations under the Lease, and then,
without constituting a waiver of the Lessee's obligations or limiting the
Lessor's remedies under this Lease, all Rent reserved in this Lease will
immediately become due and payable to the Lessor unless guaranteed to
the satisfaction of the Lessor. The Lessor will have the right, without
prejudice to any other rights which it may have under this Lease or at law,
to obtain an injunction requiring the Lessee to comply with the provisions
of this Section 7.01(b).
7.02 Conduct and Operation of Business
The Lessee shall occupy the Leased Premises from and after the
Commencement Date and thereafter shall conduct continuously and actively the
business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of
the Lessee's business pursuant to this Lease the Lessee shall:
a) operate its business with due diligence and efficiency and maintain an
adequate staff to properly serve all customers; own, install and keep in
good order and condition free from liens or rights of third parties, fixtures
and equipment of first class quality; and carry at all times such stock of
goods and merchandise of such size, character and quality as will
produce the maximum volume of sales from the Leased Premises
consistent with good business practices;
b) conduct its business in the Leased Premises during such hours and on
such days as the Lessor from time to time requires or permits and at no
other time. However the Lessee is not required or permitted to carry on
its business during any period prohibited by any law regulating the hours
of business. If the Lessee fails to open on the Commencement Date or
during the days and/or hours required by the Lessor, then in addition to all
other amounts of Rent payable under this Lease the Lessee shall pay as
Additional Rent to the Lessor upon demand as liquidated damages and
not as a penalty, an amount equal to two hundred fifty dollars ($250.00)
per day for each and every day that the Lessee is in default. When not
open for business the security of the Leased Premises is the sole
responsibility of the Lessee;
c) keep displays of merchandise in the display windows (if any) of the
Leased Premises, and keep the display windows and signs (if any) in the
Leased Premises well -lit during the hours the Lessor designates from
time to time, acting reasonably;
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d) stock in the Leased Premises only merchandise the Lessee intends to
offer for retail sale from the Leased Premises, and not use any portion of
the Leased Premises for office, clerical or other non- selling purposes
except minor parts reasonably required for the Lessee's business in the
Leased Premises;
e) abide by all rules and regulations and general policies formulated by the
Lessor, acting reasonably, from time to time relating to the delivery of
goods to the Leased Premises;
f) not allow or cause to be committed any waste upon or damage to the
Leased Premises or any nuisance or other act or thing which disturbs the
quiet enjoyment of any other lessee in the City Market or which
unreasonably disturbs or interferes with or annoys any third party, or
which may damage the City Market;
g) not allow or cause to be done any act in or about the Common Areas or
the City Market which in the Lessor's opinion, acting reasonably, hinders
or interrupts the City Market's flow of traffic in any way, obstructs the free
movement or parties doing business in the City Market;
h) not allow or cause business to be solicited in any part of the City Market
other than the Leased Premises, nor display any merchandise outside the
Leased Premises at any time without the prior written consent of the
Lessor;
i) use the name designated for the City Market by the Lessor from time to
time and all insignia or other identifying names and marks designated by
the Lessor in connection with the advertising of the business conducted in
the Leased Premises. Notwithstanding the foregoing the Lessee will not
acquire any rights in such names, marks or insignia and upon the
Lessor's request the Lessee will abandon or assign to the Lessor any
such rights which the Lessee may acquire by operation of law and will
promptly execute any documents required by the Lessor to give effect to
this subparagraph (i);
j) not install or allow in the Leased Premises any transmitter device nor
erect any aerial on the roof of any building forming part of the City Market
or on any exterior walls of the Leased Premises or in any of the Common
Areas. Any such installation shall be subject to removal by the Lessor
without notice at any time and such removal shall be done and all
damage as a result thereof shall be made good, in each case, at the cost
of the Lessee, payable as Additional Rent on demand;
k) not use any travelling or flashing lights or signs or any loudspeakers,
television, phonograph, radio or other audiovisual or mechanical devices
in a manner so that they can be heard or seen outside of the Leased
Premises without the prior written consent of the Lessor. If the Lessee
uses any such equipment without receiving the prior written consent of
the Lessor, the Lessor shall be entitled to remove such equipment without
notice at any time and such removal shall be done and all damage as a
result thereof shall be made good, in each case, at the cost of the
Lessee, payable as Additional Rent on demand;
1) not install or allow in the Leased Premises any equipment which will
exceed or overload the capacity of any utility, electrical or mechanical
facilities in the Leased Premises or of which the Lessor has not approved.
If the Lessee requires additional utility, electrical or mechanical facilities,
the Lessor may in its sole discretion if they are available elect to install
them at the Lessee's expense and in accordance with plans and
specifications to be approved in advance in writing by the Lessor;
m) not bring upon the Leased Premises any machinery, equipment, article or
thing that by reason of its weight, size or use, might in the opinion of the
Lessor, acting reasonably, damage the Leased Premises or overload the
floors of the Leased Premises. Any such machinery, equipment, article or
thing shall be subject to removal by the Lessor without notice at any time
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and such removal shall be done and all damages as a result thereof shall
be made good, in each case, at the cost of the Lessee, payable as
Additional Rent on demand;
n) observe and comply with all federal, provincial or municipal laws
pertaining to or affecting the Leased Premises, the Lessee's use of the
Leased Premises or the conduct of any business in the Leased Premises,
or the making of any repairs, replacements, alterations, additions,
changes, substitutions or improvements of or to the Leased Premises,
and the regulations of any insurance underwriters in respect of the
insurance maintained by the Lessor in respect of the City Market, and
carry out all modifications to the Leased Premises and the Lessee's
conduct of business or in use of the Leased Premises which may be
required by any such authorities.
7.03 Prohibited Activities
a) The Lessee acknowledges that it is only one of many tenants in the City
Market and that therefore the Lessee shall conduct its business in the
Leased Premises in a manner consistent with the best interests of the
City Market as a whole;
b) The Lessor shall have the right to cause the Lessee to discontinue and
the Lessee shall thereupon forthwith discontinue the sale of any item,
merchandise, commodity or the supply of any service or the carrying on
of any business, any of which is either prohibited by this Section 7.03 or
which the Lessor, acting reasonably, determines is not directly related to
the business set out in Section 7.01. The Lessee will not allow or cause
the use of any part of the Leased Premises for any of the following
businesses or activities:
the sale of secondhand goods or surplus articles, insurance
salvage stock, fire sale stock or bankruptcy stock;
ii. the sale of goods, except as may be specifically permitted by the
provisions of Section 7.01;
iii. an auction, bulk sale (other than a bulk sale made to an assignee
or sublessee pursuant to a permitted assignment or subletting
hereunder), liquidation sale, "going out of business" or bankruptcy
sale, or warehouse sale;
iv. any advertising or selling procedures which would, or any sale or
business conduct or practice which would, because of the
merchandising methods or quality of operation likely to be used, in
either case in the Lessor's opinion, tend to lower the character of
the City Market or harm or tend to harm the business or reputation
of the Lessor or reflect unfavourably on the City Market, the
Lessor or other tenants in the City Market or tend to confuse,
deceive, mislead or be fraudulent to the public; or
v. a mail order business or a department store, junior department
store or variety store.
7.04 Hazardous Substances
The Tenant covenants and agrees to utilize the Leased Premises and operate its
business in a manner so that no part of the Leased Premises or surrounding lands are
used to generate, manufacture, refine, treat, transport, store, handle, dispose of,
transfer, produce or process any Hazardous Substance, except in strict compliance with
all applicable federal, provincial and municipal statutes, by -laws and regulations,
including, without limitation, environmental, land use and occupational and health and
safety laws, regulations, requirements, permits, statutes, by -laws and regulations.
Further the Lessee hereby covenants and agrees to indemnify and save harmless the
Lessor and those for whom the Lessor is in law responsible from any and all loses,
costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any
Hazardous Substances which are at any time located, stored or incorporated in any part
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of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized
representatives shall have the right at the Lessee's expense, payable as Additional Rent
within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental
site reviews and investigations as it may deem necessary for the purpose of ensuring
compliance with this Section 7.04. The Lessee's obligations pursuant to this Section
7.04 shall survive the expiration or earlier termination of the Term.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased
Premises shall be new or completely reconditioned. The Lessee shall not make any
alterations, additions or improvements or install or cause to be installed any trade
fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures,
shades or awnings or make any changes to the store front without first obtaining the
Lessor's written approval and consent. The Lessee shall present to the Lessor plans
and specifications in form, content and such detail as the Lessor may reasonably require
for such work at the time approval is sought. The Lessee covenants that any work that
may be done in respect of the Leased Premises by or on behalf of the Lessee shall be
done in such a manner as not to conflict or interfere with any work being done or about
to be done by the Lessor in or about the City Market, whether such conflict or
interference shall arise in relation to labour unions or otherwise and the Lessee shall
obtain all requisite permits, licenses and inspections in respect of any such work done by
or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall
make no alterations, additions or improvements that are of a structural nature or that
would lessen the value or Rentable Area of the Leased Premises or the City Market, or
would interfere with the usage of the Common Areas.
All alterations, decorations, additions and improvements made by the Lessee or
made by the Lessor on the Lessee's behalf by agreement under this Lease shall
immediately upon installation or affixation become the property of the Lessor without
compensation therefor to the Lessee, but the Lessor shall be under no obligation to
repair, maintain or insure the alterations, decorations, additions or improvements. Such
alterations, decorations, additions and improvements shall not be removed from the
Leased Premises without prior consent in writing from the Lessor. Upon expiration of
this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and
personal property and shall remove all such alterations, decorations, additions and
improvements and restore the Leased Premises as required by the Lessor.
8.02 Maintenance and Repair by the Lessee
The Lessee will at all times keep the Leased Premises (including exterior
entrances and all glass and show windows) and all partitions, doors, fixtures, equipment
and appurtenances thereof (including lighting, heating and plumbing fixtures, and the
electrical and mechanical systems) in good order, condition and repair (including
periodic painting or redecorating and preventative maintenance as determined by the
Lessor and including such repairs or replacements as are required to keep the Leased
Premises in good repair and condition). All aforesaid maintenance, repairs, restorations
and replacements shall be in quality and class equal to the original work or installations.
8.03 Signs, Awnings, Canopies
The Lessee will not place or suffer to be placed or maintained on any exterior
door, wall or window of the Leased Premises any sign, awning or canopy or advertising
matter or other thing of any kind, and will not place or maintain any decoration, lettering
or advertising matter on the glass of any window or door of the Leased Premises without
first obtaining the Lessor's written approval and consent. The Lessee further agrees to
maintain such sign, awning, canopy, decoration, lettering, advertising matter or other
thing as may be approved in good condition and repair at all times, and in addition to the
foregoing, the Lessee shall maintain any signs or displays of its goods or wares which
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may be seen from the exterior of the Leased Premises in a manner which is in keeping
with the character of the City Market of which the Leased Premises form a part and
which is designed to enhance the business of the Lessee.
8.04 Surrender of Leased Premises
Subject to Article 10.01, the Lessee will leave the Leased Premises in good
repair, reasonable wear and tear only excepted. Without limiting the generality of the
foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender
the Leased Premises in the same condition as the Leased Premises were in upon
delivery of possession thereto under this Lease, reasonable wear and tear only
excepted, and shall surrender all keys for the Leased Premises to the Landlord at the
place then fixed for the payment of Rent and shall inform the Lessor of all combinations
on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to
remove its fixtures and personal property, such fixtures and personal property shall be
deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise
disposed of by the Lessor without notice or obligation to compensate the Lessee or to
account therefor. The Lessee's obligations to observe or perform this covenant shall
survive the expiration or earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice
thereof, is registered or filed against:
a) the City Market or any part of it; or
b) the Lessee's interest in the Leased Premises or any of the leasehold
improvements in the Leased Premises.
by any person claiming by, through, under or against the Lessee or its contractors or
subcontractors. If such a lien or charge or notice thereof is registered or filed and the
Lessee fails to discharge it within five (5) days after written notice from the Lessor, the
Lessor may discharge it by paying the amount claimed to be due into court or directly to
the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all
costs (including legal fees) incurred by the Lessor in connection therewith, together with
an administrative overhead charge of fifteen percent (15 %) thereon.
8.06 Rules and Regulations
The Lessee will comply with the Rules and Regulations. The Lessor reserves
the right from time to time to amend or supplement the Rules and Regulations. Notice of
such amendments and supplements, if any, shall be given to the Lessee, and the
Lessee agrees thereupon to comply with and observe all such amendments and
supplements, provided that no Rule or Regulation shall contradict any provision of this
Lease. The Lessor shall not be responsible to the Lessee for non - observance or
violation of any of the provisions of such Rules and Regulations by any other tenant of
the City Market or of the terms of any other lease of premises in the City Market and the
Lessor shall be under no obligation to enforce any such provisions. All Rules and
Regulations shall be enforced against the Lessee in a non - discriminatory manner.
8.07 Maintenance and Repair by the Lessor
The Lessor shall, subject to the other provisions of this Lease, maintain and
repair or cause to be maintained and repaired, the structure of the City Market, including
without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls
and structural columns and beams of the City Market. If, however, the Lessor is
required to maintain or repair any structural portions or any other portion of the Leased
Premises or the City Market by reason of the negligent acts or omissions of the Lessee,
its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees,
concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the
Lessor's costs for making such maintenance or repairs, together with an administrative
fee of fifteen percent (15 %) of such costs.
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8.08 Control of City Market by Lessor
The City Market and the Common Areas are at all times subject to the exclusive
control and management of the Lessor. Without limiting the generality of the foregoing,
the Lessor has the right in its control, management and operation of the City Market and
by the establishment of rules and regulations and general policies with respect to the
operation of the City Market or any part thereof at all times throughout the Term to
construct, maintain and operate lighting facilities and heating, ventilating and air
conditioning systems; provide supervision and policing services for the City Market;
close all or any portion of the City Market to such extent as may in the opinion of the
Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of
any rights to any third party or the public; grant, modify and terminate easements or
other agreements pertaining to the use and maintenance of all or any part of the City
Market; obstruct or close off all or any part of the City Market for the purpose of
maintenance, repair or construction, employ all personnel, including supervisory
personnel and managers necessary for the operation, maintenance and control of the
City Market; use any part of the Common Areas from time to time for merchandising,
display, decorations, entertainment and structures designed for retail selling or special
features or promotional activities; designate the areas and entrances and the times in,
through and at which loading and unloading of goods shall be carried out; control,
supervise and generally regulate the delivery or shipping of merchandise, supplies and
fixtures to and from the Leased Premises, and other portions of the City Market;
designate and specify the kind of container to be used for garbage and refuse in the
manner and the times and places at which same is to be placed for collection (if the
Lessor for the more efficient and proper operation of the City Market provides or
designates a commercial service for the pickup and disposal of refuse and garbage
instead of or in addition to the service provided by the municipality, the Lessee shall use
same at the Lessee's cost); from time to time change the area, level, location,
arrangement or use of the City Market or any part thereof; construct other buildings or
improvements in the City Market and make changes to any part thereof; construct other
buildings or improvements in the City Market and make changes to any part of the City
Market; and do and perform such other acts in and to the City Market as in the use of
good business judgment the Lessor determines to be advisable for the more efficient
and proper operation of the City Market.
Notwithstanding anything to the contrary, if as a result of the exercise by the
Lessor of any of its rights as set out in this Section 8.08, the Common Areas are
diminished or altered in any manner whatsoever, the Lessor is not subject to any liability
nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is
any alteration or diminution of the Common Areas deemed constructive or actual
eviction, or a breach of any covenant for quiet enjoyment contained in this Lease.
8.09 Lessor's Right to Enter Leased Premises
a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its
authorized representatives enter the Leased Premises at reasonable
times to:
i. examine them;
make permitted or required repairs, alterations, improvements or
additions to the Leased Premises (including the pipes, conduits,
wiring, ducts, columns and other installations in the Leased
Premises) or the City Market or adjacent property; or
iii. excavate land adjacent or subjacent to the Leased Premises; in
each case (to the extent reasonably possible in the
circumstances) without unreasonably interfering with the Lessee's
business operations in the Leased Premises, and the Lessor may
take material into and on the Leased Premises for those
purposes. Rent will not abate or be reduced while the repairs,
alterations, improvements or additions are being made. The
Lessor will take reasonable steps to minimize any interruption of
business resulting from any entry.
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b) At any time during the Term, the Lessor may exhibit the Leased Premises
to prospective purchasers and during the six (6) months prior to the
expiration of the term of this Lease, the Lessor may exhibit the Leased
Premises to prospective tenants and place upon the Leased Premises the
usual notice "To Let" which notice the Lessee shall permit to remain
where placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry
into the Leased Premises, at any time, when for any reason an entry
therein shall be necessary or permissible, the Lessor or the Lessor's
agents may enter the same by a master key, or may forcibly enter the
same, without rendering the Lessor or such agents liable therefor, and
without in any manner affecting the obligations and covenants of this
Lease;
d) Nothing in this Section contained, however, shall be deemed or construed
to impose upon the Lessor any obligation, responsibility or liability
whatsoever for the care, maintenance or repair of the City Market or any
part thereof, except as otherwise in this Lease specifically provided.
ARTICLE IX
INSURANCE AND INDEMNITY
9.01 Lessee's Insurance
a) The Lessee shall throughout the Term, at its own cost and expense, take out and
keep in full force and effect the following insurance:
i. All -risk insurance upon property owned by the Lessee or for which the
Lessee is legally liable (including, signs and plate glass) and which is
located within the City Market in an amount of not less than the full
replacement cost thereof;
ii. Comprehensive General Liability with minimum limits of at least Two
Million Dollars ($2,000,000.00) or such higher limits as the Lessor
may reasonably require from time to time. This policy shall include:
a) The City added as an Additional Insured;
b) Inclusive limits for bodily injury and property damage;
c) Personal injury liability;
d) Tenant's Legal Liability;
e) Contractual Liability with respect to this Lease;
f) Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A Thirty (30) days written notice of Cancellation shall be given to
the City of Saint John.
iii. The Lessee shall also provide any other form of insurance as the
Lessee or the Lessor may reasonably require from time to time in
form, in amounts and for insurance risks against which a prudent
tenant would insure.
b) 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. All policies shall contain an undertaking by the insurers to
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notify the Lessor in writing not less than thirty (30) days prior to any material
change, cancellation or termination thereof;
c) The Lessee agrees that if the Lessee fails to take out or keep in force any such
insurance referred to in this Section 9.01, or should any such insurance not be
approved by the Lessor and should the Lessee not rectify the situation
immediately after written notice by the Lessor to the Lessee, the Lessor has the
right without assuming any obligation in connection therewith to effect such
insurance at the sole cost of the Lessee and all outlays by the Lessor shall be
immediately paid by the Lessee to the Lessor as Additional Rent without
prejudice to any other rights and remedies of the Lessor under this Lease.
9.02 Increase in Insurance Premium
The Lessee will not allow or cause anything to occur in the Leased Premises
which shall cause any increase of premium for any insurance on the Leased Premises or
the City Market or any part thereof above the rate for the least hazardous type of
occupancy legally permitted in the Leased Premises. If the Lessee is in default under
this Section 9.02 the Lessee shall pay any resulting additional premium on any
insurance policies taken out or maintained by the Lessor, or if any insurance policy upon
the Leased Premises or the City Market or any part thereof shall be cancelled or refused
to be renewed by an insurer by reason of the use or occupation of the Leased Premises
or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith
remedy or rectify such use or occupation upon request to do so in writing by the Lessor,
and if the Lessee shall fail to do so within twenty -four (24) hours of such written request,
the Lessor shall have the right to enter the Leased Premises and rectify the situation,
without liability to the Lessee for any loss or damage occasioned by such entry and
rectification, or shall be entitled to hold the Lessee liable for any damage or loss
resulting from such cancellation or refusal, or the Lessor may at its option determine this
Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to
do so, and thereupon Rent and any other payments for which the Lessee is liable under
this Lease shall be apportioned and paid in full to the date of such determination of the
Lease, and together with an amount equal to the Gross Rent payable for a period of one
(1) year as liquidated damages, and the Lessee shall immediately deliver up possession
of the Leased Premises, a schedule issued by the organization making the insurance
rate on the Leased Premises, showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make the fire insurance rate
of the Leased Premises. Bills for such additional premiums shall be rendered by the
Lessor to the Lessee at such times as the Lessor may elect and shall be due from and
payable by the Lessee when rendered, and the amount thereof shall be deemed to be
and be paid as Additional Rent.
9.03 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 City Market, or damage to property of the
Lessee or of others located on the Leased Premises, 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 results from the negligence of the Lessor,
its agents, servants or employees or other persons for whom the Lessor is in law
responsible. Without limiting the 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 Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface
of any floor or ceiling or from the street or any other place or other tenants or persons in
the City Market 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 Leased Premises 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 Premises or to any property of the Lessee, or to any
property of any other person, firm or corporation on or about the Leased Premises
caused by an interruption, suspension or failure in the supply of any utilities to the
Leased Premises.
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9.04 Indemnification of the Lessor
The Lessee will indemnify the Lessor, and save harmless from and against any
and all claims, actions, damages, liability 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 Leased premises, the occupancy or use by the Lessee of the Leased premises
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 concessionaires 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.
ARTICLE X
DAMAGE, DESTRUCTION AND EXPROPRIATION
10.01 Total or Partial Destruction of Leased Premises
If, during the Term, the Leased Premises are expropriated or totally or partially
destroyed or damaged by any cause in respect of which the Lessor is insured, the
following provisions shall have effect:
a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee,
Gross Rent only shall abate in part only, in the proportion that the part of the
Leased Premises rendered unfit for occupancy by the Lessee bears to the whole
of the Leased Premises or if the Leased Premises are rendered wholly unfit for
occupancy by the Lessee the Rent hereby reserved shall be suspended in either
event until the day following a reasonable period (taking into account the extent
of the Lessee's restoration) following completion of the Lessor's restoration;
b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in
the opinion of the Architect shall be incapable of being rebuilt and/or repaired or
restored with reasonable diligence within 180 days of the happening of such
destruction or damage, then the Lessor may at its option terminate this Lease by
notice in writing to the Lessee given within thirty (30) days of the date of such
destruction or damage and in the event of such notice being so given this Lease
shall cease and become null and void from the date of such destruction or
damage and the Lessee shall immediately surrender the Leased Premises and
all interest therein to the Lessor and the Rent shall be apportioned and shall be
payable by the Lessee only to the date of such destruction or damage and the
Lessor may re -enter and repossess the Leased Premises discharged of this
Lease;
If the Leased Premises are capable of being rebuilt and /or repaired or restored within
180 days of the happening of such damage or destruction or if within the period of thirty
(30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this
Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or
restore the Leased Premises to the extent of the Lessor's repair obligations under the
Lease and the Lessee shall immediately upon substantial completion of the Lessor's
work and, within a reasonable period determined by the Lessor (given the extent of the
Lessee's restoration) complete the restoration of the Leased Premises.
The certificate of the Architect shall bind the parties as to the (i) extent to which the
Leased Premises are unfit for occupancy; (ii) time required to rebuild and /or repair or
restore the Leased Premises; and (iii) due completion of repairs.
10.02 Total or Partial Destruction of City Market
In the event that a substantial portion of the City Market shall be expropriated or
damaged or destroyed by fire or other cause, or in the event the costs as estimated by
the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the
proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises
may be unaffected, or in the event the Lessor shall have the right, to be exercised by
notice in writing delivered to the Lessee within sixty (60) days from and after said
occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice
to the Lessee, the Term of this Lease shall expire upon the third (3nd) day after such
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notice is given, and the Lessee shall vacate the Leased Premises and surrender the
same to the Lessor.
10.03 Abatement of Rent
Notwithstanding anything herein before contained, all abatements of Rent set out
in this Article X shall be limited to an amount equal to the amount which the Lessor
collects under any rental income insurance.
10.04 Expropriation Awards
The Lessor and the Lessee will co- operate with each other if there is an
expropriation of all or part of the Leased Premises or the City Market, so that each may
receive the maximum award that it is entitled to at law. To the extent, however, that a
part of the City Market, other than the Leased Premises, is expropriated, the full
proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the
Lessee will assign to the Lessor any rights that it may have or acquire in respect of the
proceedings or awards and will execute the documents that the Lessor reasonably
requires in order to give effect to this intention.
ARTICLE XI
STATUS STATEMENT, SUBORDINATION AND ATTORNMENT
11.01 Status Statement
Within fifteen (15) days after request, the Lessee will sign and deliver to the
Lessor a status statement or certificate, stating that this Lease is in full force and effect,
any modifications to this Lease, the commencement and expiry dates of this Lease, the
date to which Rent has been paid, the amount of any prepaid Rent or deposits held by
the Lessor, whether there is any existing default and the particulars, and any other
information required by the party requesting it.
11.02 Power of Attorney
The Lessee hereby irrevocably appoints the Lessor as the attorney for the
Lessee with full power and authority to execute and deliver in the name of the Lessee
any instruments or certificates required to carry out the intent of Section 11.01 which the
Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a
written request by the Lessor to execute such instruments.
ARTICLE XII
TRANSFERS BY LESSEE
12.01 Transfer Defined
"Transfer" means, (i) an assignment, sale, conveyance, sublease, or other
disposition of this Lease or the Leased Premises, or any part of them or any interest in
this Lease (whether by operation of law or otherwise), or in a partnership that is a
Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or
other encumbrance of this Lease or the Leased Premises or any part of them, or of any
interest in this Lease or of a partnership, or partnership interest, where the partnership is
a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of
the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest,
inheritance, operation of law or other disposition, or by subscription of all or part of the
corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this
Lease under the Canada Business Corporations Act) of the Lessee which results in a
change in the effective voting control of the Lessee. "Transferor" and "Transferee" have
meanings corresponding to the definition of "Transfer" set out above, (it being
understood that for a Transfer described in clause (iv) the Transferor is the person that
has effective voting control before the Transfer and the Transferee is the person that has
effective voting control after the Transfer).
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12.02 Consent Required
The Lessee will not allow or cause a Transfer, without the prior written consent of
the Lessor in each instance which consent may not be unreasonably withheld.
Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be
deemed to have been unreasonably withheld where Lessor refuses consent to a
Transfer within twenty -four (24) months of either the Commencement Date or a previous
Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective
and no consent shall be given unless the following provisions have been complied with:
There is no default of the obligations of the Lessee under this Lease;
The Lessee shall have given at least thirty (30) days' prior written notice
of the proposed Transfer and the effective date thereof to the Lessor;
iii. A duplicate original of the documents affecting the Transfer shall be given
to the Lessor within thirty (30) days after the execution and delivery
thereof;
iv. The Transferee, except in the case of a Transfer described in Section
12.01(iv), shall have assumed in writing with the Lessor the due and
punctual performance and observance of all the agreements, provisions,
covenants and conditions hereof on the Lessee's part to be performed or
observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors goveming the granting of the Lessor's
consent to any Transfer may include, without limitation, the restrictive clauses entered
into with other tenants by the Lessor, the financial background, business history and the
capability of the proposed Transferee in the Lessee's line of business, and the nature of
the business practices of the proposed Transferee. The consent by the Lessor to any
Transfer shall not constitute a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the
Transferee, and apply the net amount collected to the Rent herein reserved, but no such
action shall be deemed a waiver of the requirement to obtain consent or the acceptance
of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the
further performance by the Lessee of covenants on the part of the Lessee herein
contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this
Lease and shall not be released from performing any of the obligations of the Lessee
under this Lease.
Any Transfer, if consented to by the Lessor, may at the Lessor's option be
documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's
then - standard fee with respect thereto or to any documents reflecting the Lessor's
consent to the Transfer shall be payable by the Lessee on demand as Additional Rent.
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or
advertisement to the effect that the Leased Premises are for lease or for sale or
otherwise advertise the proposed sale or lease of the whole or any part of the Leased
Premises and shall not permit any broker or other party to do any of the foregoing,
unless the complete text and format of any such notice, advertisement or offer is first
approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's
right to refuse any text or format on other grounds, any text or format proposed by the
Lessee shall not contain any reference to the rental rate of the Leased Premises.
ARTICLE XIII
DEFAULT OF LESSEE
13.01 Right to Re -Enter
When
a) the Lessee shall be in default in the payment of any Rent whether lawfully
demanded or not and such default shall continue for a period of five (5)
consecutive days; or
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b) the Lessee shall be in default of any of its covenants, obligations or agreements
under this Lease or of any term or condition of this Lease (other than its covenant
to pay Rent) and such default shall continue for a period of fifteen (15)
consecutive days or such longer or shorter period as the Lessor, acting
reasonably, determines after five (5) days written notice by the Lessor to the
Lessee specifying with reasonable particularity the nature of such default and
requiring the same to be remedied;
then and in any of such cases the then current month's Rent, together with the Rent for
the three (3) months next ensuing shall immediately become due and payable, and at
the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may
without notice or any form of legal process whatsoever forthwith re -enter upon the
Leased Premises or any part thereof in the name of the whole and repossess and enjoy
the same as of its former estate, anything contained in any statute or law to the contrary
notwithstanding, provided however, that such forfeiture shall be wholly without prejudice
to the right of the Lessor to recover arrears of rent or damages for any antecedent
default by the Lessee of its covenants, obligations or agreements under this Lease or
any term or condition of this Lease and provided further that notwithstanding any such
forfeiture the Lessor may subsequently recover from the Lessee damages for loss of
Rent suffered by reason of this Lease having been prematurely determined. In addition,
the Lessor shall have the right to remove and sell the Lessee's goods and chattels and
trade fixtures and apply the proceeds thereof to Rent due under the Lease.
13.02 Right to Re-Let
Should the Lessor elect to re- enter, as herein provided, or should it take
possession pursuant to legal proceedings or pursuant to any notice provided for by law,
it may either terminate this Lease or it may from time to time without terminating this
Lease, make such alterations and repairs as may be necessary in order to re -let the
Leased Premises, and re -let the Leased Premises or any part thereof as agent for the
Lessee for such term or terms (which may be for a term extending beyond the Term of
this Lease) and at such rental or rentals and upon such other terms and conditions as
the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals
received by the Lessor from such re- letting shall be applied; first, to the payment of any
indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to
the repayment of any reasonable costs and expenses of such re- letting, including
brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to
the payment of Rent due as the same may become due and payable hereunder. If such
Rent received from such re- letting during any month be less than that to be paid during
that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the
Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or
taking possession of the Leased Premises by the Lessor shall be construed as an
election on its part to terminate this Lease unless a written notice of such intention be
given to the lessee or unless the termination thereof be decreed by a court of competent
jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at
any time thereafter elect to terminate this Lease for such previous breach. Should the
Lessor at any time terminate this Lease for any breach, in addition to any other remedies
it may have, it may recover from the Lessee all damages it may incur by reason of such
breach, including the cost of recovering the Leased Premises, and including the worth at
the time of such termination of the excess, if any, of the amount of Rent and charges
equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the
then reasonable rental value of the Leased Premises for the remainder of the Term
hereof, all of which amounts shall be immediately due and payable from the Lessee to
the Lessor. In determining the Rent which would be payable by the Lessee hereunder,
subsequent to default, the annual Rent for each year of the unexpired Term shall be
equal to the greater of: (a) the average annual Gross Rent and Percentage Rent
payable by the Lessee from the Commencement Date to the time of default or during the
preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent
payable hereunder, together with all Additional Rent which would have been payable
during the calendar year in which this Lease was terminated, prorated over a full
calendar year, if required.
13.03 Legal Expenses
In case suit shall be brought for recovery of possession of the Leased Premises,
for the recovery of Rent or any other amount due under the provisions of this Lease, or
because of the breach of any other covenant herein contained on the part of the Lessee
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to be kept or performed and a breach shall be established, the Lessee shall pay to the
Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees
on a solicitor and his client basis.
13.04 Bankruptcy
The Lessee covenants and agrees that if the Term or any of the goods and
chattels of the Lessee on the Leased Premises shall be at any time during the Term
seized or taken in execution or attachment by any creditor of the Lessee or if a receiver,
interim receiver or receiver and manager is appointed for the assets or business of the
Lessee or if the Lessee shall make any assignment for the benefit of creditors or any
bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or
hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the
winding up of the Lessee, or if the Leased Premises shall without the written consent of
the Lessor become and remain vacant for a period of fifteen (15) days, or be used by
any other persons than such as are entitled to use them under the terms of this Lease,
or if the Lessee shall without the written consent of the Lessor abandon or attempt to
abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or
to remove them or any of them from the Leased Premises so that there would not in the
event of such abandonment, sale or disposal be sufficient goods on the Leased
Premises subject to distress to satisfy the Rent above due or accruing due, then and in
every such case the then current month's Rent and the next ensuring three (3) months'
Rent shall immediately become due and be paid and the Lessor may re -enter and take
possession of the Leased premises as though the Lessee or the servants of the Lessee
or any other occupant of the Leased Premises were holding over after the expiration of
the Term and the Term shall, at the option of the Lessor, immediately without any notice
or opportunity for cure provided to the Lessee, become forfeited and determined, and in
every one of the cases above such accelerated Rent shall be recoverable by the Lessor
in the same manner as the Rent hereby reserved and if Rent were in arrears and the
said option shall be deemed to have been exercised if the Lessor or its agents given
notice to the Lessee as provided for herein.
13.05 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in
respect of this Lease, the Lessor may from time to time at its discretion, perform or
cause to be performed any such covenants or obligations, or any part thereof, and for
such purpose may do such things upon or in respect of the Leased Premises or any part
thereof as the Lessor may consider requisite or necessary.
All expenses incurred and expenditures made by or on behalf of the Lessor
under this Section, together with an administrative fee equal to fifteen (15 %) percent
thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional
Rent.
13.06 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a)
none of the inventory, furniture, equipment or other property at any time owned by the
Lessee is exempt from distress; and (b) no lack of compliance with any requirement
concerning the day of the week, time of day or night, method of entry, giving of notice,
appraising of goods, or anything else, will render any distress unlawful where the Lessee
owes arrears of Rent at the time of the distress.
13.07 Remedies Cumulative
No reference to nor exercise of any specific right or remedy by the Lessor will
prejudice or preclude the Lessor from exercising or invoking any other remedy in respect
thereof, whether allowed at law or expressly provided for in this Lease. No such remedy
will be exclusive or dependent upon any other such remedy, but the Lessor may from
time to time exercise any one or more of such remedies independently or in
combination.
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ARTICLE XIV
MISCELLANEOUS
14.01 Overholding
If the Lessee remains in possession of the Leased Premises after the end of the
Term and without the execution and delivery of a new lease, there shall be no tacit
renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to
be occupying the Leased Premises as a Lessee from month to month at monthly rent
payable in advance on the first day of each month equal to the sum of-
i. one and one half (1 '/2) times the Gross Rent payable during the last month of the
Term; and
ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year
immediately preceding the last Lease Year of the Term;
and otherwise upon the same terms and conditions as are set forth in this Lease, except
as to duration of Term, and any right of renewal mutatis mutandis.
14.02 Successors
This Lease applies to the successors and assigns of the Lessor and, if Article XII
is complied with, the heirs, executors, administrators and permitted successors and
permitted assigns of the Lessee. If there is more than one party named as Lessee, they
are jointly and severally liable under this Lease.
14.03 Waiver
Failure by the Lessor to require performance of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition
or of any subsequent breach of the same or of any other term, covenant or condition
herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall
not be deemed to be a waiver of any preceding breach of the Lessee of any term,
covenant or condition of this Lease, other than the failure of the Lessee to pay the
particular rent so accepted, regardless of the Lessor's knowledge of such preceding
breach at the time of acceptance of such Rent. No covenant, term or condition of this
Lease shall be deemed to have been waived by the Lessor, unless such waiver be in
writing by the Lessor.
14.04 Accord and Satisfaction
No payment by the Lessee or receipt by the Lessor of a lesser amount than the
monthly Rent herein stipulated shall be deemed to be other than on account of the
earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any
letter accompanying any cheque or payment as Rent be deemed an accord and
satisfaction, and the Lessor may accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Rent or pursue any other remedy in this
Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements, conditions and
understandings between the Lessor and the Lessee concerning the Leased Premises
and there are no covenants, promises, agreements, conditions or representations, either
oral or written, between them other than are herein and in the said schedules and rider,
if any, set forth. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Lease shall be binding upon the Lessor or the
Lessee unless reduced to writing and signed by them.
14.06 No Partnership
The Lessor does not, in any way or for any purpose, become a partner of the
Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a
joint enterprise with the Lessee.
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14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented
from the performance of any act required hereunder by reason of strikes, lock -outs,
labour troubles, inability to procure materials, failure of power, restrictive governmental
laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of
the party delayed in performing work or doing acts required under the terms of this
Lease, then performance of such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for a period equivalent to
the period of such delay. Notwithstanding anything herein contained, the provisions of
this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of
Gross Rent, Additional Rent or any other payments required by the terms of this Lease,
nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort
thereby occasioned.
14.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor
shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted
by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the
Lessor at: CIO The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market
Square, Saint John, New Brunswick, E2L 41-1, with a copy to Real Estate Services, The
City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L
41-1, and any notice herein provided or permitted to be given by the Lessor to the Lessee
shall be sufficiently given if delivered personally to the party being given such notice or
to a responsible employee of the party being given such notice, or if transmitted by
telecopier or if mailed in Canada, registered and postage prepaid, addressed to the
Lessee at the Leased Premises or at its head office at 31 Anchors a Avenue Saint
John, New Brunswick, E2K 51113. Any such notice given as aforesaid shall be
conclusively deemed to have been given on the day on which such notice is delivered or
transmitted or on the third day that there is postal delivery following the day on which
such notice is mailed, as the case may be. Either party may at any time give notice in
writing to the other of any change of address of the party given such notice and from and
after the giving of such notice the address therein specified shall be deemed to include
any request, statement or other writing in this Lease provided or permitted to be given by
the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party
named as Lessee, notice to one shall be deemed sufficient as notice to all.
14.09 Place for Payment of Rent
The Lessee shall pay the Rent. Including all Additional Rent, at the office of the
Lessor specified in Section 14.08 or as such place or places as the Lessor may
designate from time to time by notice in writing: currently to the Cashier's Office, City
Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41-1.
14.10 Approval in Writing
Wherever the Lessor's consent is required to be given hereunder or wherever the
Lessor must approve any act or performance by the Lessee, such consent or approval,
as the case may be, shall be given in writing by the Lessor before same and shall be
deemed to be effective.
14.11 Governing Law
The Lease is to be governed by and construed according to the laws of the
Province of New Brunswick.
14.12 Captions and Section Numbers
The captions, section numbers and article numbers appearing in this Lease are
inserted only as a matter of convenience and in no way define, limit, construe or
describe the scope or intent of such sections or articles or of this Lease, nor in any way
affect this Lease.
55
Lease for Stall Space — City Market
Schedule C
25-
14.13 Partial Invalidity
If any term, covenant or condition of this Lease or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Lease and/or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and each term, covenant or condition of this Lease shall be
separately valid and enforceable to the fullest extent permitted by law.
14.14 No Option
The submission of this Lease for examination does not constitute a reservation of
or option for the Leased Premises and this Lease becomes effective as a Lease only
upon execution and delivery thereof by the Lessor and the Lessee.
14.15 Time To Be of the Essence
Time shall be of the essence of this Lease
14.16 Quiet Enjoyment
The Lessor covenants with the Lessee for quiet enjoyment.
14.17 Riders and Schedules
Schedules attached hereto form part of this Lease.
14.18 Basement Storage Space
Where the Leased Premises includes any area of basement storage space,
notwithstanding any provision herein contained, the Lessee acknowledges and agrees
that water and sewer lines are located within the basement area of the Leased Premises
and that there is a possibility that water and /or sewage may escape from the lines as a
result of breakage, blockage, overflow or other cause, and may cause damage to
anything stored in the basement area of the Leased Premises. The Lessee
acknowledges and agrees that if it chooses to store anything, whether belonging to it or
to others, in the basement area of the Leased Premises, it does so at its own risk and
the Lessee hereby agrees to release and indemnify and save harmless the Lessor from
and against any and all manner of actions, suits, damages, loss, costs, claims and
demands of any nature whatsoever relating to or arising out of breakage, blockage,
overflow or other problem of the water or sewage fines.
14.19 Decibel Level
The Lessee shall not commence the operation of a HODO cookie machine
upon /in Stall 5 until the Lessee, at its costs, provides to the Lessor a Certificate from a
Certified Industrial Audiologist certifying that the noise of /from the said HODO cookie
machine at any time during its operation does not exceed 65 decibels at the limits of
Stall 5; during the term hereof, and any renewal, the Lessee may operate a HODO
cookie machine upon /in Stall 5 provided that the noise of /from the said HODO cookie
machine at any time during its operation does not exceed 65 decibels at the limits of
Stall 5; in the event that the noise of /from a HODO cookie machine at any time during its
operation exceeds 65 decibels at the limits of Stall 5, the Lessee shall cease the
operation of the said HODO cookie machine and shall not resume or begin again the
operation of the said HODO cookie machine until the Lessee, at its cost, provides to the
Lessor a Certificate from a Certified industrial Audiologist certifying that the noise of /from
the said HODO cookie machine at any time during its operation does not exceed 65
decibels at the limits of Stall 5.
56
SCHEDULE "D"
RULES AND REGULATIONS
All loading and unloading of goods shall be done only at such times, in the areas,
and through the entrances, designated for such purposes by the Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the
Leased Premises shall be subject to such controls as in the judgment of the
Landlord are necessary for the proper operation of the Leased Premises and/or
the City Market.
3. All garbage and refuse shall be kept in the kind of containers specified by the
Landlord and shall not be burned in or about the Leased Premises.
4. No radio, television, telegraphic or telephone or similar device and no water pipe,
gas pipe or electric wire shall be installed or connected without obtaining in each
instance the written consent of the Landlord. All such connections shall be
installed in accordance with the Landlord's direction and without such direction
no boring or cutting for wires or pipes shall be permitted.
5. The Tenant will be required to remain open for business as follows:
a. Stalls shall be open for business at all times while the market is open to
the public.
b. Year round stands shall be open for business at all times while the market
is open to the public.
6. The plumbing facilities shall not be used for any other purpose than that for which
they are intended, and no foreign substance of any kind shall be thrown therein,
and the expense of any breakage, stoppage or damage resulting from a violation
of this provision shall be borne by the Tenant.
7. The Tenant shall use at the cost of the Tenant a national recognized pest
extermination contractor.
8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way
deface any wails, ceilings, partitions, floors, wood, stone or iron without the
written consent of the Landlord.
9. Except as permitted in the lease to which these rules and regulations are
annexed, the Tenant shall not permit any cooking in the Leased Premises
without the written consent of the Landlord.
10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed
or used by the Tenant, its officers, agents, servants, employees, contractors,
customers, invitees or licensees for any purpose other than ingress to and
egress from the Leased Premises.
11. The Tenant, its officers, agents, servants, employees, contractors, customers,
invitees or licensees shall not bring in or take out, position, construct, install or
move any safe or other heavy equipment or furniture without first obtaining the
consent in writing of the Landlord. In giving such consent, the Landlord shall
have the right in its sole discretion, to prescribe the weight permitted and the
position thereof, and the use and design of planks, skids or platforms to distribute
the weight thereof. All damage done to the City Market by moving or using any
such safe, heavy equipment or furniture shall be repaired at the expense of the
Tenant. The moving of all equipment and the furniture shall occur only during
those hours when the City Market shall not be open for business or any other
time consented to by the landlord.
57
V
SCHEDULE "D"
RULES AND REGULATIONS
Page 2
12. All persons entering and leaving the building in which the Leased Premises are
situated must do so during hours the City Market is staffed by City Market
employees. The Landlord at its sole discretion may determine the hours the City
Market is staffed. Tenants shall register in books if so required by the Landlord
when accessing the Market "after Market hours ". The Landlord is under no
responsibility for failure to enforce this rule.
13. The Tenant shall not place or cause to be placed any additional locks upon any
doors of the Leased Premises without the approval of the Landlord and subject to
any conditions imposed by the Landlord.
14. No one shall use the Leased Premises for sleeping apartments or residential
purposes, or for the storage of personal effects or articles other than those
required for the purposes permitted by the lease to which these rules and
regulations are annexed.
15. Subject to the Landlord's providing such service, the Tenant shall permit window
cleaners to clean the windows of the Leased Premises from time to time and at
reasonable times.
16. Any hand trucks, carryalls or similar appliances used in any building in the
Shopping Centre shall be equipped with rubber tires, side guards and such other
safeguards as the Landlord shall require.
17. No animals or birds shall be brought into the Leased Premises except as
permitted by the lease to which these rules and regulations are annexed.
18. Except as permitted in the lease to which these rules and regulations are
annexed, the Tenant shall not permit the delivery of any food or beverage to the
Leased Premises without the approval of the Landlord.
19. The Tenant shall not solicit business in the common areas or distribute any
handbills or other advertising matter in the common areas or in automobiles
parked in the parking areas.
20. The Tenant may only sell merchandise that is approved by the Landlord through
their lease or otherwise.
21. The Tenant shall not keep or display any merchandise on or otherwise obstruct
the common areas adjacent to the Leased Premises.
22. The Tenant shall not use or permit any of the Leased Premises to be used in
such a manner as to cause annoying noises or vibrations or offensive odours.
23. The Tenant is responsible to remove garbage from their premises and deliver to
the compactor designated by the Landlord and to place the garbage in the
compactor.
24. A set of plans must be presented and the approval must be given by the landlord
for any improvements or painting, etc. to the stands (including signs).
25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom
meat hook bars on each stand.
26. No solid dividers are to be placed between the top and bottom meat hook bars.
27. Displays underneath the stands must be set up 6" off the floor on legs or wheels
so the floor can be swept and washed down properly.
28. Covers are not to be placed over merchandise on stands without the prior
approval of the Landlord.
29. Signage is to be in keeping with the historic character of the City Market and
must meet the following criteria:
58
SCHEDULE "D"
RULES AND REGULATIONS
Page 2
Materials: Wood and metal are considered to be appropriate
materials. Plastic may be used provided that it looks like one of the acceptable
materials. Internally - illuminated plastic faced box signs will not be acceptable;
Number of Signs: Each tenancy will be permitted one bench -top sign
on each bench (7' -0" length), or one projecting sign on each aisle -side that
identifies the business by name and type;
Bench -top Signs: These signs are the preferred primary form of
signage. They must be located Ito 2 inches above the top rail of the bench, and
should display the business name. They will consist of a 8" high by 6' -0" long
narrow band of material with the lettering printed, painted, composed of individual
raised letters, or lettering cut into the material and painted a contrasting colour.
The rear may not be used for signage over another tenancy;
Projecting Signs: Projecting signs may be used and shall be
constructed as two -sided signs. They may only be located at a bench post, and
must be rigidly fastened in place. They shall be vertical in proportion. The
maximum size for projecting signs shall be 18" high x 12" wide. Only one per
tenancy per aisle side shall be permitted as Business identifications;
Lighted Signs: Not permitted;
Temporary Signs: Any number of signs advertising goods for sale,
specials, etc. shall be permitted. They may not exceed 8.5" x 11" in size, and
must not excessively obscure the view through the bench between the first and
last rail above the bench.
59
SCHEDULE "D1"
APPLICATION FOR AGREEMENT
HEAD OFFICE OR PROPRIETOR`S NAME ACCOUNT RECEIVABLE NUMBER
STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES
STORE ADDRESS DATE OF LAST PAYMENT
HEAD OFFICE ADDRESS BANK ACCOUNT NUMBER
TRANSIT NUMBER BANK AND BRANCH
NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS
SIGNING OFFICER SIGNATURE
I authorize (hereinafter referred to as the "Company'
And/or to debit the account of the undersigned
maintained with the financial institution indicated above, monthly, in accordance with the
PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above.
"PLEASE ENCLOSE AN UNSIGNED SAMPLE CHEQUE FROM YOUR BANK OR TRUST COMPANY"
AUTHORIZATION TO HONOUR PAYMENT$
NAME OF BANK
ADDRESS
You are hereby requested and authorized to pay and debit my/our account at your office or at
another branch of your institution if it is transferred there; all cheques drawn on you on my
behalf and made payable to the Company or drawn on you
by ; and all amounts specified on any
magnetic or computer produced paper tapes requesting you to pay the Company or
In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque
and /or tape and your rights with respect to it shall be the same as if it were signed by the
undersigned personally, authorizing and requesting you to pay and credit such amount to the
said Company Debiting my account and failure to pay shall give no liability on your part,
regardless of the loss or damage.
-
SCHEDULE "D1"
-2-
If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA
applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque
within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA).
Any delivery of this authorization to you will constitute delivery by the undersigned.
(The signature appearing below must be the same as the signature appearing in the signature
file of the financial institution identified above.)
DATE:
M
AUTHORIZED SIGNATURE(S)
REPORT TO COMMON COUNCIL
M & C — 2010 -300
September 10, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: STOP -UP AND CLOSE PORTION OF FORT DUFFERIN ROAD
BACKGROUND:
City of Saint John
Hughes Surveys and Consultants Inc. are representing Dufferin Point Inc. who acquired
the surrounding land, adjoining Fort Dufferin Road. The proponent plans to construct
apartment /condos on the site in the near future. If the portion of Fort Dufferin Road is
closed, the adjoining land owner proposes that the closed portion of the street be
conveyed to Dufferin Point Inc. to be included in their proposed development project. It
has been suggested that the conveyance of the "to be closed" street occur when Dufferin
Point Inc. conveys a large shoreline parcel to the City with no monetary consideration
paid between the two parties. The large shoreline parcel would be substantially more
than would be required under the Subdivision By -law for Land for Public Purposes
(LPP). The proponent would be responsible for the advertising costs, translation and
surveying costs associated with the street closure consideration.
The portion of Fort Dufferin Road that is requested to be closed is undeveloped with no
municipal services and does not serve as a means of access to any property. Municipal
Operations have no objection to the closure and subsequent sale of this portion of Fort
Dufferin Road.
Staff will provide a further report to Council for their consideration on this matter once
the details have been concluded. The recommendation contained in this report will
facilitate the process to initiate the street closure of the subject property.
RECOMMENDATION:
That the Public Hearing for the consideration of the passing of a By -law to Stop Up and
Close a 292 square metre f portion of a public street known as Fort Dufferin Road, be set
for Tuesday, October 12, 2010 at 7:00 p.m. in the Council Chamber.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner Planning and Development
CL /c
62
J. Patrick Woods, C.G.A.
City Manager
E
PX4be-
7, Iw
Portion of Fort Dufferin Road
to be closed.
Description of Plan: Portion of Undeveloped Fort Dufferin Road to be
considered for Stop -up and Closure.
N PID: N/A Address: Fort Dufferin Road
Pan: N/A Date: September 7, 2010
63
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REPORT TO COMMON COUNCIL
M &C2010 -310
September 13, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
The City of Saint Tohn
SUBJECT: Engineering and Construction Management Services — Rehabilitation of Cottage
Hill and Rockwood Park Water Storage Reservoirs
BACKGROUND
M & C 2010 -269 requested that Common Council authorize staff to conduct appropriate
negotiations for the engagement of an engineering consultant to carry out engineering design and
construction management services for the Rehabilitation of the Cottage Hill and Rockwood Park
Water Storage Reservoirs. This project has been approved under the Infrastructure Stimulus Fund
(ISF). The ISF Agreement requires that all eligible project costs be incurred by March 31, 2011. In
order to meet this deadline it is necessary to complete all design work so that the tender can be
advertized for construction to start in early fall of 2010.
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering services for this
project. The project includes the funding necessary to engage engineering services to complete the
following:
• Site survey and preliminary investigation;
• Preliminary design, cost estimates and design report;
• Detailed design and specifications preparation; and
• Construction management services
ANALYSIS
On August 12, 2010 (M &C 2010 -269) Common Council approved a recommendation authorizing staff
to conduct the necessary negotiations with Crandall Engineering Ltd. to carry out design and
construction management services for the Rehabilitation of Cottage Hill and Rockwood Park Water
Storage Reservoirs.
65
M &C2010 -310
September 13, 2010
Page 3
On September 8, 2010 with a comprehensive and detailed scope of work document developed by staff,
a proposal for consulting engineering services was requested from Crandall Engineering Ltd. In
response, Crandall Engineering Ltd. submitted a proposal on September 9, 2010.
The following staff completed an analysis of the submission:
■ Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
■ Brent McGovern, P.Eng.
Deputy Commissioner, Saint John Water
■ Nicole Taylor, M.Eng., P.Eng.
Operations Manager, Water Resources & Quality
■ Dave Logan, CPPB
Purchasing Agent / Manager, Materials and Fleet Management
Each member completed a review of the submission and a subsequent meeting was held to jointly
discuss the information presented in the Crandall Engineering Ltd. proposal. The upset price contained
in the proposal was also evaluated and staff agreed that the consultant's requested fee was appropriate
for submission to Council for approval. The submission from Crandall Engineering Ltd. met all of the
requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for
the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Crandall Engineering Ltd. to provide engineering design and
construction management services is approximately $122,873 including the City's eligible HST rebate.
An amount of $600,000 ($200,000 City Share and $400,000 Other Share) is included in the approved
ISF Agreement for Rehabilitation of Cottage Hill and Rockwood Park Water Storage Reservoirs. A
contract for the construction costs will be tendered later this fall which will utilize the remaining
available budget for the project (477,127).
Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common
Council has authorized staff with the approval of M &C 2010 -269 to conduct negotiations for the
engagement of an engineering consultant for this project. The consultant's proposed fee is
approximately 20% of the total overall project cost which is considered appropriate for this type of
project.
..
M &C2010 -310
September 13, 2010
Page 3
RECOMMENDATION
It is recommended that the proposal from Crandall Engineering Ltd. for engineering services (design
and construction management services) for the Rehabilitation of Cottage Hill and Rockwood Park
Water Storage Reservoirs project be accepted and that the Mayor and Common Clerk be authorized to
execute the appropriate documentation in that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
67
REPORT TO COMMON COUNCIL
M &C2010 -308
September 9, 2010
His Worship Mayor Ivan Court
& Members of Common Council
Your Worship and Members of Council,
M.
The City of Saint John
SUBJECT: CONTRACT NO. 2010 -14: ROTHESAY AVENUE AND SIMPSON DRIVE
WASTEWATER PUMPING STATIONS — MECHANICAL AND ELECTRICAL
SYSTEMS UPGRADES
BACKGROUND
This Contract consists of two projects that are approved in the 2009 Water & Sewerage Utility
Fund Capital Program as follows:
Rothesay Avenue Wastewater Pumping Station - the work includes all necessary labour, materials
and equipment for the removal of the existing pumping equipment, plant piping, valves and
electrical components and the installation of three new dry -pit submersible pumps and motors,
plant piping, valves and electrical components, including a manual transfer switch and other
related work.
Simpson Drive Wastewater Pumping Station - the work includes all necessary labour, materials
and equipment for the removal of existing plant piping and valves and the installation of one new
self - priming pump and motor, plant piping, valves and electrical components, including a manual
transfer switch and other related work.
TENDER RESULTS
Tenders closed on September 1, 2010, with the following results:
1. Filtrum Inc. $ 486,013.00
Quebec, QC
2. The State Group Inc. $ 692,475.30
Saint John, NB
The Engineer's estimate for the work was $606,810.00.
.:
M &C2010 -308
September 9, 2010
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff
is of the opinion that the low tenderer has the necessary resources and expertise to perform the
work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against two capital work projects. Assuming award
of the Contract to the low tenderer, an analysis has been completed which includes the estimated
amount of work on these projects that will be performed by City forces and others.
The analysis concludes that a total amount of $670,000.00 was provided in the budgets and that
the projected completion cost of the two projects included in the contract is estimated to be
$548,057.34, including the City's eligible H.S.T. rebate - a $121,942.66 positive difference in
the Water & Sewerage Utility Fund Capital Program.
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract No.2010 -14: Rothesay Avenue and Simpson Drive Wastewater
Pumping Stations — Mechanical and Electrical Systems Upgrades, be awarded to the low
tenderer, Filtrum Inc., at the tendered price of $486,013.00 as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
Respectfully submitted,
J. M. Paul Groody, P.Eng.
Commissioner
Municipal Operations & Engineering
.•
J. Patrick Woods, CGA
City Manager
M & C — 2010 -298
September 10, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Lease Renewal for #223 Rodney Terminal Sewer Outfall
Saint John Port Authority Property
BACKGROUND:
The City of Saint John leases from the Saint John Port Authority sub - surface rights
(easements) for a series for sewer lines which cross at various locations under and along
Port property. Lease #223 concerns an 84 inch diameter sewer outfall at Rodney
Terminal (West Saint John). The subject portion of sewer line was built in the early
1970's by the Port Corporation to accommodate the expanded Port facilities. Prior to the
construction of the Western Collector Trunk Sewer System, this line served as the Lower
Westside's main outlet for sewerage. It now serves as an overflow outlet for the new
Market Place Pumping Station.
The most recent Lease expired on June 30, 2010. City staff is working with the SJPA to
create one easement agreement for all sewer lines and outfalls on Port property.
However, this agreement has not yet been finalized. Therefore, the Port has notified the
City that it is prepared to renew the lease for a further period of one (1) year with a
marginal increase in the rent from $2,660.00 to $2,740.00 +HST.
The purpose of this report is to recommend the extension of Port Lease #223 for one
additional year.
RECOMMENDATION:
That The City of Saint John renew Lease #223 (Rodney Terminal Sewer Outfall) with the
Saint John Port Authority for a further one year term commencing Julyl, 2010 at an
annual rent of $2,740.00 plus HST (if applicable); and that the Mayor and Common Clerk
be authorized to sign the letter of renewal attached hereto.
Respectfully submitted,
Ken Forrest, MCIP, RPP J. Patrick Woods, CGA
Commissioner, Planning & Development City Manager
CL /c
70
** 20 *39ud _1d101 **
August 26, 2010
CITY OF SAINT JOHN
P.Q. Box 1971
Saint John, N. B.
E2L 41-1
Attention: Curtis Langille
SAINT JOHN PORT AUTHORITY
]R* _SAIN9TJ HN
ADMINISTRATIO'N PpR'I'UA[kr 171, SAWT JOHN
Via Telecopier
9- 668 -2837
Re: City of Saint John, Easement 223 — Rodney Terminal Sewer Outfall
The renewal of subject easement between the Port Authority and the City of Saint John expired
on June 30, 2010.
As you are no doubt aware, we have been working to develop one easement agreement for all
sewer lines and outfalls on Port property. The new easement document has not been finalized
therefore, we would like to confirm that the fort Authority is prepared to extend the subject
agreement until June 30, 2011 at an annual rate of $2,740.00 plus applicable taxes_ All of the
remaining terms and conditions, except as amended above, shall continue for the extended
term.
Please review this matter and if you agree, sign and return this letter as confirmation at your
earliest convenience. In the meantime if you have any questions or concerns, please do not
hesitate to contact me by phone at 636 -4982 or by e-mail at pflemming@sjport.com.
Yours truly,
AUTHORITY
The CITY OF'S�JORN accepts the terms and conditions of the SAINT JOHN PORT
AUTHORITY'S letter dated August 26, 2010.
THE CITY OF SAINT JOHN
Per
And
Common Council Resolution: , 2010
Canada.
133 PAZ" William Street, 5th lbor 154 &W • Saint John • NB • Canada • E2L 2155
Tcl / Td: 506.636.4869 • Fax / 'fa& 506.636.4443 • &mail / Courriel: port@ portcom • www.4porLoom
71
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REPORT TO COMMON COUNCIL
M &C- 2010 -297
September 7, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Public Hearing Date
180 -182 Millidge Avenue and 582 -584 Green Head Road
BACKGROUND:
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
Lorraine Linton
180 -182 Millidge
"R -2"
"R -4"
To permit a
Avenue
three - family
dwelling
Serge Ethier
582 -584 Green Head
"R -2"
"R -4"
To permit a
Road
three - family
dwelling
RECOMMENDATION:
City of Saint John
That Common Council schedule the public hearings for the rezoning applications
of Lorraine Linton (180 -182 Millidge Avenue) and Serge Ethier (582 -584 Green
Head Road) for Tuesday, October 12, 2010 at 7:00 p.m. in the Council Chamber,
72
M & C — 2010 — 297 - 2 - September 7, 2010
and refer the applications to the Planning Advisory Committee for report and
recommendation.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
73
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2010 -295
September 1, 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Engineering Inspection Services Peel Plaza
City of Saint John
As Council is aware, the construction phase of the Peel Plaza Police Headquarters
is now well under way. As construction progresses, the City must have
confidence that all aspects of construction are performed and completed in
accordance with the approved specifications. Typically the contractor, Pomerleau,
and the prime consultant and sub - consultants provide very high level inspection
services in order to audit the performance of the various sub - trades. The results of
these cursory audits, along with any recommendations, are provided to the City.
In virtually all construction projects, this level of inspection service does not
satisfy requirements of the owner. The owner wishes to be handed over a project
which meets specifications in all respects and will be serviceable over the long
term. In this regard, it is necessary that more stringent inspection protocols be
established and carried out throughout the construction phase of the project.
Of immediate concern to the owner (City of Saint John), is a requirement to
obtain inspection services relative to soil compaction, concrete strength, rebar
placement, and vibration monitoring. These are standard inspection services
which all owners typically engage for projects of this size.
During the early phases of the architectural design work, the architect of record
engages expertise relating to soils investigations in order that structural engineers
can design footings and bearing walls for the building. In the case of the police
headquarters, Conquest Engineering was engaged for this purpose by DFS
Architects. Now that construction is underway, it is customary that the owner
engage the same expertise for the ongoing testing over the duration of the
74
M & C 2010 — 295 - 2 - September 1, 2010
construction. The purpose of this report is to recommend that Council engage
Conquest Engineering for inspection and testing services.
Conquest Engineering is a local company specializing in soils and concrete
placing. They are currently engaged by the Province of New Brunswick for
inspection services at the new law courts building immediately adjacent to the
police headquarters. Both the contractor, Pomerleau, and the architect, DFS, have
recommended that Conquest be engaged by the City for the police headquarters
project. Conquest has a presence at the law courts site and as such can offer some
efficiency for inspection services on the police headquarters site.
At the request of the project manager, Conquest has submitted a proposal to
provide testing and inspection services for the soils, concrete, rebar, and the
seismic monitoring. Staff has reviewed the submitted proposal and has confirmed
that the submitted prices for these services are within industry standards. Staff
also confirmed that Conquest Engineering has the expertise available to carry out
this work.
Work of this nature, inspection and testing, is not bid on a lump sum price.
Rather, prices are submitted on an hourly basis based on a particular discipline
and level of expertise required. The overall price is also primarily driven by the
amount of effort (time spent) to complete the work on an ongoing basis. This
being the case, it is difficult to predict with a great deal of accuracy the overall
price of this service on completion of the project. The overall cost will be dictated
and controlled through the direction of the project manager.
While the monthly costs for this inspection and testing service will likely be
within the City Manager's spending limits on a month to month basis (i.e. less
than $25,000), the overall cost for the project will likely be in the order of
$150,000 - $200,000. Funds for this service had been identified in the
presentation to Council for the police headquarters. This is an anticipated
expenditure.
Given the early involvement of Conquest, and given the fact that Conquest is
working on the law courts building (the Province is satisfied with their work), and
given that the pricing proposal is within industry standards and within budget
estimates, the following is being recommended.
75
M & C 2010 — 295 - 3 - September 1, 2010
RECOMMENDATION
Your City Manager recommends that Conquest Engineering be engaged for
inspections and testing services for concrete, soils, and re- enforcing bar placement
in accordance with the submitted proposal.
Respectfully submitted,
Wm. Edwards, P. Eng.
Project Manager
Patrick Woods, CGA
City Manager
76
REPORT TO COMMON COUNCIL
August 18, 2010
M &C2010 -274
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Engagement of Engineering Consultant
PURPOSE
M.
The City of Saint John
The purpose of this report is to request that Common Council authorize staff to conduct
appropriate negotiations for the engagement of an engineering consultant to carry out a
preliminary engineering investigation and prepare cost estimates for locating a snow collection
and disposal facility (snow dump).
BACKGROUND
The City of Saint John currently operates and maintains a snow dump located on Bayside Drive.
The majority of snow removal occurs in the South Central Peninsula, Lower West Side and
North End in Saint John and snow is transported to the Bayside Drive location for disposal.
Sedimentation fences and site grading have been put in place to minimize environmental
impacts. Yet, the City must be concerned about the environmental implications of its snow dump
sites.
ANALYSIS
It is necessary for the City of Saint John to identify the best possible location for a snow
collection and disposal facility from an environmental and operational perspective. Staff
recommends the direct engagement of Stantec for the purposes of identifying potential sites
within the central core of the city and provide detailed cost estimates associated with
construction and maintenance of such a facility. Stantec has demonstrated that they have the
expertise to complete this work. They have been successfully involved with the former Lantic
Sugar Refinery property analysis.
77
M &C2010 -274
August 18, 2010
Page 2
FINANCIAL IMPLICATIONS
The estimated cost of the direct engagement services is approximately $37,000.00. This work is
a planned expenditure with funds to cover the cost that are included in the 2010 General Fund
Operating Budget.
RECOMMENDATION
It is recommended that Common Council authorize staff to conduct negotiations for the
engagement of Stantec to carry out the preliminary investigation and cost estimate for the ideal
location of the Saint John snow collection and disposal facility.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
78
ENTERPRISE
SAINT JOHN
Inspiring people, ideas & investment
• background
agenda � 2011 -2013 draft
strategic framework
input F± direction
we last met
• 2009 review
2010 priorities
• 2011 -2013 strategic
framework
• input Et direction
what do we
do exactly.?
creating
prosperity
by supporting
and attracting
people, ideas
and investment
the planning
process
• planSJ
• world economy
• stakeholder &t community
consultations
• research
• council input &t direction
• final plan
key
findings
strong sense of
optimism
the city is the
'0
engine of
growth
we need to
tell our
community
story
dramatic &t positive
diversification
building
momentum
Labour force growth in SJ CMA
1971 -2006
35,000 —
30,000 —
25,000 —
20,000 —
15,000 —
10,000 r'
5,000 —
0 —
1971 1976
1981 1986 1991 1996 2001 2006
0 Male M Female
While poverty remains an issue in
certain Saint John neighbourhoods,
the overall population living in
poverty is the lowest it has been in
over 20 years. This reduction is
largely due to higher education levels
and greater labour force participation
throughout the Saint John Census
Metropolitan Area (CMA)
Key indicators for SJ CMA
70,000- 1971 -2006
60,000—
50,000
40,000
30,000
20,000
10,000 ■,l
0 86 96 06
86 96 06
Residents Labour force
with university size
degree
94%
20 year trend
12%
20 year trend
III
86 96 06
86 96 06
Population
Median
living in
household
poverty
income
-28%
64%
20 year trend 1 20 year trend
The 1990s were a turbulent decade,
as Saint John's manufacturing base
faced dramatic closings.
Today's economy is much more
diverse, with IT and health sciences
becoming leading sectors of
job growth.
Key employment trends in SJ CMA
1996 -2006
• Computer and
information systems occupations +1515
• Sales, marketing managers +650
• Auditors, accountants
and investment professionals +455
• Registered nursing assistants +205
• University professors and assistants +130
• Civil engineers +95
• Social Workers +75
• Creative Artists +50
Key employment trends in SJ CMA
1996 -2006
• Janitors, bldg supers -250
• Industrial electricians -245
• Longshoremen -235
• Machine operators -215
• Metal workers
• Service station attendants
• Welders
• Bank tellers
• Journalists
One of the biggest challenges
facing Saint John is the rate of
suburbanization. Dynamic urban
regions have a strong city centre -
currently, 1 in 2 Greater Saint
John residents live in the city,
compared to 4 in 5, 50 years ago.
Historic populations of
the City of Saint John and SJ CMA
140,000
120,000
80,000
60,000
40,000
20,000
IC
1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006
= City of Saint John = Saint John CMA
organizational
assessment and
strategic
framework
themes
quality of life
education
immigration
workforce
sector -based
open for business
home team
the
strategy
people, ideas
and investment
1. investment attraction
fOCUS2. entrepreneurship
development
areas 3. business support
services
4. workforce expansion
5. accountability
6. communications
priority
sectors
health
sciences
•Tucker Park
knowledge cluster
• medical and allied
health education
2ict
• offers strong growth
potential
• a tri -city sector -
collaboration
energy
• potential for continued
energy hub growth
• pursue
short/ medium/ long
term opportunities,
including green
tourism
• support Saint John
Destination Marketing
• product development
advanced
manufacturing
0
• si nificant
inf rastructure,
capital investments
and employment
emerging
-' sectors
• mining
•financial services
what
happens
next?
creating
prosperity
by supporting
and attracting
people, ideas
and investment
ENTERPRISE
SAINT JOHN
consultation process appendix i
participants to date
Community Sessions (Grand Bay - Westfield - City of Saint John -
Kennebecasis Valley) • Enterprise Saint John Board /Staff -
propelICT • Atlantica Centre for Energy • Saint John Waterfront
Development • Saint John Construction Association • Moosehead
Breweries • UNB Saint John • Irving Oil • NBCC Saint John -
NB Department of Energy • Northrup Group • Saint John Real Estate
Board • Hardman Group • Business New Brunswick -
School Districts 6 Et 8 • ACOA • NB Department Post - Secondary
Education, Training Et Labour • FUSION • JD Irving • Wyndham
Worldwide • Rodney Weston • PlanSJ Staff • Commercial Properties
• Fort Reliance • Saint John Industrial Parks • Port of Saint John •
ICT Sector Roundtable • Saint John Destination Marketing • Xerox •
Saint John Board of Trade • Dalhousie Medicine New Brunswick •
Health Sector Stakeholders Group • Saint John Airport • Arts Et
Culture Roundtable • Wallace McCain Institute • Horizon Health
Network • NB Securities Commission
some of our
investment
appendix ii
attraction
clients
Floating Pipeline Company Incorporated • Aecon •
E. S. Fox • Shawmut Equipment Company Inc. -
NTI (Formerly NY Thermal) • TD Insurance • Atelka -
Canaport LNG • Emera Energy Services (Bayside Power) •
Brunswick Pipeline • East Point Shopping • Costco •
Indigo • Counsel Corporation • Cadillac Fairview
(McAllister Place) • Atlantic Wallboard • Dalhousie
Medicine New Brunswick • Saint John Mill Rats
Inspiring
people, ideas
and investment
appendix iii
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 182 GOLDEN GROVE ROAD
Public Notice is hereby given that the Common
Council of The City of Saint John intends to consider
amending The City of Saint John Zoning By -taw at its
regular meeting to be held in the Council Chamber on
Monday, September 13, 2010 at 7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 2460 square metres, located at 182
Golden Grove Road, also identified as being PID No.
55101927, from "RS -2" One and Two Family
Suburban Residential to "TH" Townhouse, as
illustrated below.
(INSERT MAP)
REASON FOR CHANGE:
To permit the construction of a six -unit townhouse
building.
The proposed amendment may be inspected by any
interested person at the office of the Common Clerk,
or in the office of Planning and Development, 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.
Elizabeth Gormley, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 182, CHEMIN GOLDEN GROVE
Par les presentes, un avis public est donna par 1equel
le conseil communal de The City of Saint John
indique son intention d'etudier la modification
suivante a l'arrete sur le zonage de The City of Saint
John, lors de la reunion ordinaire qui se tiendra dans
la salle du conseil le lundi 13 septembre 2010 a 19 h
Rezonage d'une parcelle de terrain d'une superficie
d'environ 2460 metres carrels, situee au 182, chemin
Golden Grove, et portant le NID 55101927, de zone
residentielle de banlieue — habitations
unifamiliales et bifamiliales «RS -2» a zone de
maisons en rangee o TH », comme le montre la carte
ci- dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Permettre la construction d'un batiment de maisons en
rangee de six unites.
Toute personne interestee peut examiner le projet de
modification au bureau du greffier communal ou au
bureau de I'urbanisme et du developpement a I'h6tel
de ville au 15, Market Square, Saint John, N. -B.,
entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les
jours f6ri6s.
Veuillez faire parvenir vos objections au projet de
modification par ecrit a 1'attention du soussigne e
Ph6tel de ville.
Elizabeth Gormley, Greffiere communale
658 -2862
I
�r
2
Gia
To U."01.r orrv.
Anthony Watson
PC 312025
Golden Grove Road
cwimh MmIN)
m
Ta Wglrr,arlarM Rand -�
o
a
�Q
0
co
2 �
Key Plan
ScaN . 1.12,300
Lemm.
• SYF standard survey marks Imx,d
a SNS - slandaN sor if . k.r ..t
• fEBF - Ravnd iron bar Iolmd
■ IBF - Sq„ar. Iron bar frond
a IPF -Iran pipe Found
O CALC - Colpwoled pmnt
♦ NBaM - N B C —rd—t. IA--L
ea. m. - sq.— metes
A - 0.rc R - Rac—
Rod'Pt - Raanus pant
�- Centreline
�^ line rot In Rd.
Fence
Plj) - Parcel 'idmL ;fier rfllmb.n
Ad AdI-Wd network
TOWrWlw ca- ar6r,al. r.f.nne.
A.N.B.t.S. - A..ana0.n of N.B LarW Spry )ran
NOTES:
I. A—.03 and Co- ordinate Whips Y0 , to LM
NEW BRUNSWICK GRID CC- ORDINATE SYSTEM
(Aa,u Sled Net—k) and — ddr.ved I,om tb.
tobulnied New H—s-ak Co- ord;n.ta Monamenls.
Comp.Idrtpns parTOrmed and -- ord�nale .macs
df _. a'. 0a.d an Inn N.w BYUrISWia4
Slenogrpph;a Douhe Praleatron and the NApB]
(CBRS) ep h;c;
2. A.,"otps m. rodnaea to th. arr..t TC Seco.ds.
3 D:elances are Tn METRES W4 m, rowded to the
paerst CENTIMETRE
4Londe deolt n =U by th. pion m bwnd.d
Lna.
5. P- pl,pral ,,fa —t— and ad,acent o m t
n
cf—ad from v ous �00,Cae and sho,ld bea enfieb,
6r all plop. d -d documents rWer —n are carded
,n the Req-s" Off- of the Coanty of Saint Jonn
a in tb. Prwinc.pl 4a 'd Totles Regatry
Tentative Plan
Grove Place Subdivision
City of Saint John
Saint John County, N.B.
Sao.. I'aao
IE FtIERSTEAD QUIGLEY I
L J and ROBERTS Ltd.
Saw John. hllew Bnowrldc
Dow. D.c.mo.r t I, Mg
.ion No. 00 -Da t4
Dwg. No. T -0388
:A
t d
I
"I
T
11
N
N
N
m
Ta Wglrr,arlarM Rand -�
o
a
�Q
0
co
2 �
Key Plan
ScaN . 1.12,300
Lemm.
• SYF standard survey marks Imx,d
a SNS - slandaN sor if . k.r ..t
• fEBF - Ravnd iron bar Iolmd
■ IBF - Sq„ar. Iron bar frond
a IPF -Iran pipe Found
O CALC - Colpwoled pmnt
♦ NBaM - N B C —rd—t. IA--L
ea. m. - sq.— metes
A - 0.rc R - Rac—
Rod'Pt - Raanus pant
�- Centreline
�^ line rot In Rd.
Fence
Plj) - Parcel 'idmL ;fier rfllmb.n
Ad AdI-Wd network
TOWrWlw ca- ar6r,al. r.f.nne.
A.N.B.t.S. - A..ana0.n of N.B LarW Spry )ran
NOTES:
I. A—.03 and Co- ordinate Whips Y0 , to LM
NEW BRUNSWICK GRID CC- ORDINATE SYSTEM
(Aa,u Sled Net—k) and — ddr.ved I,om tb.
tobulnied New H—s-ak Co- ord;n.ta Monamenls.
Comp.Idrtpns parTOrmed and -- ord�nale .macs
df _. a'. 0a.d an Inn N.w BYUrISWia4
Slenogrpph;a Douhe Praleatron and the NApB]
(CBRS) ep h;c;
2. A.,"otps m. rodnaea to th. arr..t TC Seco.ds.
3 D:elances are Tn METRES W4 m, rowded to the
paerst CENTIMETRE
4Londe deolt n =U by th. pion m bwnd.d
Lna.
5. P- pl,pral ,,fa —t— and ad,acent o m t
n
cf—ad from v ous �00,Cae and sho,ld bea enfieb,
6r all plop. d -d documents rWer —n are carded
,n the Req-s" Off- of the Coanty of Saint Jonn
a in tb. Prwinc.pl 4a 'd Totles Regatry
Tentative Plan
Grove Place Subdivision
City of Saint John
Saint John County, N.B.
Sao.. I'aao
IE FtIERSTEAD QUIGLEY I
L J and ROBERTS Ltd.
Saw John. hllew Bnowrldc
Dow. D.c.mo.r t I, Mg
.ion No. 00 -Da t4
Dwg. No. T -0388
Golden Grove Road
(Width Varies)
o i1�
� �-�04, �
s .96
r . proposed Driveway u?
.. 9. 1 6.7 .71 6.7 .71 .71
` `
LO: ti :
• is '" •ys {_ ;tyi Sri �.i�.r. .` ^ 5 R : ^�:.:;: +�° ®:
Trustee Lands
C S'• � � y v r�,. E.; +may
Ys'�:G+ ` :FU's! •��.,Y}
wxF'� k. . , 3.00
y��:,yy{ Area
a r y °r< %.: S Y7 3r•,';c• 1fv 1:�� CO 139
ao 0 sq.m.
to O r' ; ' ty
CNq
Lot 1 : Lot 2 :Lot 3 :Lot 4 :Lot 5 Lot 6
-�
Area Area
Area Area Area Area
224 sq.m.: 155 sq.m. 1 :55 sq.m. 1:55 sq.m. 1:55 sq.m. 224 sq.m.
9.71 • • 6.71 6.71 6.71 6.71 8.68
Right of Way
Trustee Lands "T"
Area .000�
1390 sq.m.
ny Watson 30.65
� 372625 Joseph Richard
Jennifer Richard
100 PID 312199
�4PMLT
® - -o, EE
® EE
Tentative
'0 I . EM
No
MIR
MM MIN
IlI�I! Mul
_
- GtM.IT
® :t
Ell TfUS ' N "OMEs
fbr
EEI
0 0
Tentative
I t� END t�C� d i [� D ELEVATION
GrsaP4 uNE '" — cPhCE unE cnwC uNE i~ GR*E'uN[ FF_
FRONT ELEVATION Golden Grove Complex
Sept 609 D a r l i n
CONSTRUCTIO
AYMYT goo=
B e H B 13 ® El B e e B B
E -- -- _._ --- ._ ._._._._. ----- ._.. --------- .-- .__._..- .._Y._._._._._._ _____.___._. _._._ ,__ -.m _._._._.__
1 ] f
t
REAR I'_LEVATION
----------- - - - - -- - - ----------- - - - - -- -- - -- -- - - - - - --
101
N'
Mbdrm
First Floor Second Floor
Golden Grove Complex
5ept. 8109
—1r -s
—2X7 HEADER
N'
THIS IS A
CUSTOM HOMES
for
GOLDEN GRAVE
by
Darling Constr4ction
102
Future
Rec. Room
RSO x 81
wn ME r
Ut
1
; 111.x8' ANCHOR BOLTS 04• —O- O.C.
2 -2x1 HEADER
, 8' CONCRETE WALL
r I6'ifB' CONCRETE FOOTING
2 -2x8 fEADER
z -2x8
r-c a.a
Din
1
r\it
M
r
O
r
S PS T
'p
32 a2' Bath2
1
n ;
q
._, 3l..
h
W
a
Bdrm
4'
! Tentative ti
.TE
04• L�
fnt
RSO ss
/2x as 112 RSO V s�
2—
6 HEADER 2 -2xi HEADER
N'
Mbdrm
First Floor Second Floor
Golden Grove Complex
5ept. 8109
—1r -s
—2X7 HEADER
N'
THIS IS A
CUSTOM HOMES
for
GOLDEN GRAVE
by
Darling Constr4ction
102
Future
Rec. Room
2x8 SILL � GASICEr
wn ME r
Ut
1
; 111.x8' ANCHOR BOLTS 04• —O- O.C.
I
l
, 8' CONCRETE WALL
r I6'ifB' CONCRETE FOOTING
2 -2x8 fEADER
z -2x8
RSD 4 x 42
RSO 4
T
�drm3
q
h
Bdrm
4'
all
N'
Mbdrm
First Floor Second Floor
Golden Grove Complex
5ept. 8109
—1r -s
—2X7 HEADER
N'
THIS IS A
CUSTOM HOMES
for
GOLDEN GRAVE
by
Darling Constr4ction
102
Future
Rec. Room
LLIN 4' CONCRETE FLOOR
REINFORCED exext /8-
MESH, SLOPED TOWARDS
DOOR FOR DRYNAGE-
Garage
SELF LOSER 2a8 KNEE Wi
45 MDd
y,._ IN RAZED WEMS
AND CEILING
,
i9 %7 GARAGE DOOR
l LOW OVERHEAD
HARDWARE KIT
1
----- - - - - -- ------ --------
----------------- tR¢7AAoFA R116FSSRL - - - --
a5ement
1LLT'OFTGNr 1
aV1O1/tiIDl 9191E t FORE �p I�90I1�
1[ALALLYI�O �>I9MLL�Y Yllill
cuaairt DOill, w watva�t
� Cm a ckwAok
2x8 SILL � GASICEr
wn ME r
Ut
1
; 111.x8' ANCHOR BOLTS 04• —O- O.C.
I
l
, 8' CONCRETE WALL
r I6'ifB' CONCRETE FOOTING
LLIN 4' CONCRETE FLOOR
REINFORCED exext /8-
MESH, SLOPED TOWARDS
DOOR FOR DRYNAGE-
Garage
SELF LOSER 2a8 KNEE Wi
45 MDd
y,._ IN RAZED WEMS
AND CEILING
,
i9 %7 GARAGE DOOR
l LOW OVERHEAD
HARDWARE KIT
1
----- - - - - -- ------ --------
----------------- tR¢7AAoFA R116FSSRL - - - --
a5ement
1LLT'OFTGNr 1
aV1O1/tiIDl 9191E t FORE �p I�90I1�
1[ALALLYI�O �>I9MLL�Y Yllill
cuaairt DOill, w watva�t
� Cm a ckwAok
BY -LAW NUMBER C.P. 110 -
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 nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 2460 square metres, located
at 182 Golden Grove Road, also identified
as PID No. 55101927, from "RS -2" One
and Two Family Suburban Residential to
"TH" Townhouse
- 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. 2010
and signed by:
M ayor/Maire
ARRETE No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arretd sur le zonage de The City
of Saint John, decrete le dix -neuf ( l 9)
decembre 2005, est modif.6 par:
I La modification de 1'annexe «A»,
Plan de nonage de The City of Saint John,
permettant de modifier la designation pour
parcelle de terrain d'une superficie
d'environ 2 460 metres carres, situee au
182, chemin Golden Grove, et portant le
N1D 55101927, de zone residentielle de
banlieue — habitations unifamiliales et
bifamiliales ((RS-2>> a zone de maisons en
rangee a TH »
- 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 2010,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troiskme lecture
103
September 9, 2010
Your Worship and Councillors:
SUBJECT: Rezoning Application
182 Golden Grove Road
On August 16, 2010 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its September 8, 2010 meeting. This letter deals
with the rezoning of the site.
Bob Darling, the applicant, was in attendance at the meeting. Mr. Darling spoke
in favour of the application and expressed agreement with the staff
recommendation. However, one letter was received in favour of the proposal
(copy attached). No one appeared to speak in opposition to the application.
After considering the report, letter of support and comments made by the
applicant, the Committee accepted the recommendations made by staff regarding
the rezoning of the property from "RS -2" One and Two Family Suburban
Residential to "TH" Townhouse.
It should be noted that a further recommendation concerning the subdivision
aspect of this application will be provided should first and second reading to the
requested rezoning be given by Common Council.
RECOMMENDATION:
1. That Common Council rezone a parcel of land with an area of
approximately 2,450 square metres, located at 182 Golden Grove Road,
also identified as PID No. 55101927, from "RS -2" One and Two Family
Suburban Residential to "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the rezoning of the property at 182 Golden Grove Road be subject to
the following condition:
a) The proponent of the development shall landscape all disturbed
areas of the subject site in accordance with a detailed landscaping
104
IPM
plan, to be prepared by the developer and subject to the approval of
the Development Officer. The required plan shall be attached to
the application for building permit for the development.
b) All work shown on the approved landscaping plan must be
completed no later than one year following the issuance of the
required building permit for the development.
Respectfully submitted,
Terry Cornfield
Vice - Chairman
"
Project No. 10 -302
105
DATE:
TO:
FROM:
FOR:
PREPARED BY:
Jody Kliffer
Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
SEPTEMBER 3, 2010.
PLANNING ADVISORY COMMITTEE
- COMMUNITY PLANNING + PLANNING AND DEVELOPMENT
MEETING OF SEPTEMBER -S, 2010.
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
R.E. Darling
R.E, Darling Ltd
182 Golden Grove Road
Municipal Plan: Low Density Residential
Zoning: Existing: "RS -2" One and Two Family Suburban Residential
Proposed: "TH" Townhouse
Proposal: To construct six townhouse units.
Type of Application: Rezoning and Subdivision
SAINT JOHN
P.O. Box 1 971 Saint john, NB Canada E2L 4L06I www.saint ohnxa I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
R.E. Darling Ltd. Page 2
182 Golden Grove Road September 3, 2010
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed rezoning applications. The Committee's recommendation will be
considered by Common Council at a Public Hearing on Monday., September 13, 2010.
The Subdivision By -law authorises the Committee to approve access to a lot by means other than a
public street.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land with an area of approximately 2,450 square
metres, located at 182 Golden Grove Road, also identified as PID No. 55101927, from "RS -2"
One and Two Family Suburban Residential to "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of
the property at 182 Golden Grove Road be subject to the following condition:
a) The proponent of the development shall landscape all disturbed areas of the subject site
in accordance with a detailed landscaping plan, to be prepared by the developer and
subject to the approval of the Development Officer. The required plan shall be attached to
the application for building permit for the development.
b) All work shown on the approved landscaping plan must be completed no later than one
year following the issuance of the required building permit for the development.
3. That, if and when third reading is given to the proposed rezoning, Common Council:
a) Assent to the proposed subdivision of the site with respect to any required municipal
services easements. or public utility easements;
b) Authorise the preparation and execution of one or more City/Developer subdivision
agreements to ensure provision of the required work and facilities, including detailed site
and drainage plans for the approval of the Chief City Engineer or his designate.
4. That the Planning Advisory Committee approve the proposed access to Lots 1 to 6 by means
other than a public street, as generally illustrated on the submitted subdivision plan.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments on the proposed townhouse
development:
• There is municipal water and sanitary on Golden Grove Road.
• The property owner is responsible to verify the grades on the existing infrastructure to
accommodate gravity connections from the proposed new lots.
107
R.E. Darling Ltd. Page 3
182 Golden Grove Road September 3, 2010
• The developer's epgineering consultant must provide a storm water plan/brief for the collection
and management of storm water relative to this site.
• There must be a water and sewer service for each dwelling.
• All required permits and proper reinstatements will be required by the developer.
• The proposed private driveway appears to be in approximately the same location as an existing
driveway to this parcel. It is. shown that this -site will utilize only one entry /exit point for all
units.
• It is not clear from the application but it is assumed that the existing building will be removed
prior to this development commencing.
Buildings and Inspection Services has stated that due to the steep slope of the site, the developer is
encouraged to discuss drainage issues as soon as possible. Building code issues will be addressed as
detailed plans become available.
Saint John Fire Department has no objection to this application, provided that the National Building &
Fire Codes are adhered to and that the plans are submitted to the Department of Public Safety, Building
and Technical Inspections Division for review. The Fire Department has identified a number of
provisions from the National Building and Fire Codes, which will be communicated to the applicant
through the process of acquiring a building permit.
Saint John Transit has indicated that the proposed development is on the Saint John Transit
"Forest/Glen" route which offers extensive service.
Saint John Energy has indicated that it has facilities on Golden Grove Road that can be extended to
service the planned development. Any cost for the extension of electrical facilities will be dealt with the
developer at a later date.
-Bell Aliant has been notified of this application.
Rogers has been notified of this application.
Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been notified of this
application.
ANALYSIS:
Site and Surrounding Area
The applicant is proposing to construct six new townhouse units at 182 Golden Grove Road, which is
located in East. Saint John approximately 1.5 kilometres from the intersection with McAllister Drive.
The subject site is situated on Golden Grove Road near the intersection with Westmorland Road The
property immediately to the west of the subject site is a one and a half storey, post -war single - family
dwelling. The subject site is rocky and currently contains an older two - storey dwelling, which the
applicant would remove in order to construct the proposed townhouse units if the application is
successful.
108
R.E. Darling Ltd. Page 4
182 Golden Grove Road September 3, 2010
The site contains difficult topography to build on, with a rocky surface and significant slope.
Nevertheless, the surrounding area contains a significant number of residential units, including a 21 -unit
townhouse development at Longview Court located to the.south west of the subject site, as well as
several other multi -unit dwellings off Essex Street and Coldbrook Crescent.
Proposal
The applicant is proposing to construct six attached townhouse units -on the subject site (see attached site
plan). The footprint of each townhouse will be approximately 155 square metres (1,668 square feet).
Each townhouse will contain a garage and covered stairway and landing at the front of the unit. At the
front of the building, the units will be three storeys high, while at the rear they would be approximately
two storeys.
The proposal to create six townhouse units at the subject site is a good use of the land nearing the
intersection at Westmorland Road. The proposal would create an increase of residential density on the
subject lot, which is complementary to other existing developments in the neighbourhood. Such density
is favoured around strategic intersections, such as Westmorland Road and Golden Grove Road, from a
planning perspective as it makes good- use of existing infrastructure and promotes the growth of a
neighbourhood in reasonable proximity to other amenities. In this regard, the subject area is within the
serviced region of the city, and along a major transit route, as indicated by Saint John Transit.
Furthermore, the development of townhouses in this area has been supported in the past, such as the
Longview Court development, which includes 22 townhouse units. For these reasons, it is staff's
opinion that the proposed townhouses fit in the context of the existing built form. The development of
townhouses on the proposed lot would add to the existing mixture of housing options in the
neighbourhood.
Landscanin�
The "TH" Townhouse zone requires a minimum landscaped area of 15 %, which is approximately 368
square metres of the subject site. To enhance the limited opportunity for landscaping on the subject
property, staff recommend that the proposed driveway (see the attached site plan) be reduced in width
from 7.5 metres (24.6 feet) as generally illustrated on the site plan, to approximately 6 metres (19.7
feet). This would enable an approximate 1.5 metres (4.9 feet) of additional landscaping area at the front
of the subject property, which would also serve to enhance the aesthetic appeal of the property by
providing more green space. In conversations with staff, the applicant has expressed support for this
alteration.
Proposed Subdivision of the Site
The Subdivision By -law provides that all lots must front on a public street or such other access deemed
advisable by the Committee. The applicant proposes that the townhouse units be accessed via a common
driveway rather than individual driveways from Golden Grove Road for each unit. This approach is
supported and the recommendation includes the necessary approval of the Committee. The
recommendation also includes Council assent to any required easements, as well as authorisation of any
necessary subdivision agreement to ensure provision of the required work and facilities outlined in the
input from Municipal Operations and Engineering.
109
R.E. Darling Ltd. Page 5
182 Golden Grove Road September 3, 2010
CONCLUSION:
The neighbourhood of the proposed development has a variety of existing housing options that span
from higher density rental and condominium units, to older single family homes. The proposed
development fits well within this scope of mixed density and housing type, and is located near a
prominent intersection in this area of East Saint John. Approval is recommended.
JK
Project No. 10-302
110
PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT
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Date: August 17, 2010
Scale /6chelle: Not to scale /Pas 6 1'echelie
111
PID(s)INIP(s):
55101927
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Davidson, Janessa
From: Lynn Conners [connelyn @nb.sympatico.ca]
Sent: Sunday, August 29, 2010 7:39 PM
To: External - Planning
Subject: Rezoning Application at 182 Golden Grove Road
Dear Sir, My husband and I reside at 716 Westmorland Road and have for 40 years.
We feel the rezoning for new construction at 182 Golden Grove Road would be a
great improvement to said property and our community as the house on the
property at this time has become very run down. Thank you for this opportunity Mr.
& Mrs. Gordon Conners
114
(�. PROPOSED ZONING BY -LAW
AMENDMENT
RE: 61 BAYSIDE DRIVE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to consider
amending The City of Saint John Zoning By -law at its
regular meeting to be held in the Council Chamber on
Monday, September 13, 2010 at 7:00 p.m., by:
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 61, PROMENADE BAYSIDE
Par les prdsentes, un avis public est donne par lequel
le conseil communal de The City of Saint John
indique son intention d'dtudier la modification
suivante a 1'arret6 sur le zonage de The City of Saint
John, lors de la reunion ordinaire qui se tiendra dans
la salle du conseil le lundi 13 septembre 2010 a 19 b
1. Adding the following to the list of zones in 1.
Section 30(1):
"special zones SZ -27"
2
3
Adding the following as Section 740(27):
"Special Zone #27 SZ -27
a) Uses
Any land, building or structure may be used
for the purpose of, and for no other purpose
than,
i) the following uses:
- laboratory or research
establishment;
- all uses permitted in Section
510(l )(a), subject to any applicable
conditions contained in Section
510(2);
ii) the following uses subject to such terms
and conditions as maybe imposed by the
Committee:
- all uses permitted in Section
510(1)(b), subject to any applicable
conditions contained in Section
510(2);
iii) subject to Section 830, an accessory
building, structure or use, incidental to a
use, building or structure permitted in
this zone.
b) Zone Standards
Standards for development in Special Zone
#27 shall be as set out in Section 510(3), and
Section 810 to 910 where this zone shall be
considered a "B" zone, a "13-1" zone, or a
business zone, as the case may be."
Rezoning a parcel of land with an area of
approximately 690 square metres, located at 61
Bayside Drive, also identified as being PID No.
00319996, from "134" Local Business to "SZ-
27" Special Zone 027.
115
2
K
L'adjonction de 1'dldment suivant a la liste de
zones du paragraphe 30(1) :
« zones spdciales SZ -27 »
L'adjonction du paragraphe 740(27) qui se [it
comme suit:
« Zone speciale n° 27 SZ -27)
a) Usages
Tout terrain, batiment ou structure ne peut
etre affectd :
i) qu'aux utilisations suivantes
laboratoire ou dtablissement
de recherche;
toutes les utilisations
permises en vertu de 1'alin6a 510(l)(a),
sous reserve des conditions
stipuldes au paragraphe 510(2);
ii) qu'aux utilisations suivantes. sous
reserve des conditions imposees par le
comitd :
- toutes les utilisations permises en
vertu de ]'alinda 510(1)(b), sous
reserve des conditions stipuldes au
paragraphe 510(2);
iii) sous reserve de I'article 830, qu'a une
utilisation auxiliaire ou accessoire lice a
une utilisation, un batiment ou une
structure permis dans cette zone.
b) Normes de zone
Les normes d'amenagement dans ]a zone
speciale n° 27 doivent etre conformer aux
dispositions du paragraphe 510(3) et des
articles 810 a 910, et 1a zone en question doit
etre consideree en tant que zone v B >), zone
c< B-1 » ou zone cornmerciale, selon le cas. »
Modification du nonage d'une parcelle de terrain
d'une superficie d'environ 690 metres carres,
situde au 61, promenade Bayside, et portant le
NID 00319996, de zone commercials locale
<< B -1 » a zone sp6ciale n° 27 << SZ-27 ».
REASON FOR CHANGE:
To pen-nit a research laboratory for testing of limited
quantities of petroleum for quality.
The proposed amendment may be inspected by any
interested person at the office of the Common Clerk,
or in the office of Planning and Development, 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.
Elizabeth Gormley, Common Clerk
658 -2862
116
RAISON DE LA MODIFICATION:
Permettre I'dtablissement d'un laboratoire de
recherche pour tester ]a quality d'une quantit6 limitee
de p6trole.
Toute personne int6ressee peut examiner le projet de
modification au bureau du greffier communal ou au
bureau de l'urbanisme et d6veloppement a 11h0tel de
ville au 15, Market Square, a Saint John, au Nouveau -
Brunswick, entre 8 h 30 et 16 h 30 du lundi au
vendredi, sauf les jours f6rids.
Veuillez faire part de vos objections au projet de
modification par dcril a I'attention du soussignd a
l'h6tel de ville.
Elizabeth Gormley, Greffi6re communale
658 -2862
Proposal for Petroleum Analysis Facility
Good Day Pat
Chas Martin Canada Inc. has operated in Saint John since 1963 and now we
find ourselves in need of a facility that we can use to test the material that
we do the inspections on.
We have leased a property at 61 Bayside Drive.
Our intention is to have a Petroleum testing facility at the front portion of the
building, with the back portion occupied by ourselves as office space.
Our company is ISO 9002 certified and is audited every three years for re-
certification.
Part of this certification includes handling, retention and disposal of these
limited quantity samples of petroleum.
Operation would consist of testing limited quantities of petroleum for quality
The size of samples we would be dealing with would in most cases be 1 liter
sample size. These samples would be tested and then retained in a secure
properly vented retain room for a period of 60 days. At this time these
samples would be transported to the Local Refinery where they would be
disposed into the refinery recovered oil system.
There is and has been testing labs of this type located at different parts of the
city. Saint John Analytical has operated on City Road and now is located in
the old Doctor Roberts Hospital Building.
SGS Canada operated a testing lab located at 55Ross St.
We operate many of these labs throughout the United States without any
issues of odor or release of any hazardous materials
You can contact me for any further details you may require at the following
Richard D Joyce
Chas Martin Canada Inc.
Saint John New Brunswick
Office 506- 634 -7173
Cell 506 -653 -7703
117
61 BAYSIDE DRIVE
X Fire Extingusher
I Vault Sample Storage I Wayne's Office
Sample Preperation
Exit -o
1 x
Room
Vault Files
Exit
Storage & Exit
Main Floor
Conference
x
Down Stairs
Barb's Office
Rick's Office
Inspector Locker Room Utility Room I Wash Room I Wash Room
XF-
Kitchen & Inspector Office
Inspector Conference
Exit
Exit
Proposed Ousio Analysis Facility
Petroleum Products
Lounge
Exit
Exit
Exit
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BY -LAW NUMBER C.P. 110 -
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 nineteenth day of
December, A.D. 2005, is amended by:
1.
2.
91
ARRATA No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du Conseil
communal, The City of Saint John a
d6cr6t6 ce qui suit :
Uarrete sur le zonage de The City
of Saint John, decret6 le dix -neuf (19)
d6cembre 2005, est modifi6 par:
Adding the following to the list of 1.
zones in Section 30(1):
"special zones SZ -27"
Adding the following as Section
740(27):
"Special Zone #27 S( Z -27)
a) Uses
Any land, building or structure
may be used for the purpose of,
and for no other purpose than,
i) the following uses:
- laboratory or research
establishment;
- all uses permitted in
Section 510(1)(a), subject
to any applicable
conditions contained in
Section 510(2);
ii) the following uses subject to
such terms and conditions as
may be imposed by the
Committee:
- all uses permitted in
Section 510(1)(b), subject
to any applicable
conditions contained in
Section 510(2);
iii) subject to Section 830, an
accessory building, structure or
use, incidental to a use,
building or structure permitted
in this zone.
b) Zone Standards
Standards for development in
Special Zone #27 shall be as set
out in Section 510(3), and Section
810 to 910 where this zone shall be
considered a "B" zone, a "B -1"
zone, or a business zone, as the
case may be."
Rezoning a parcel of land with an area
of approximately 690 square metres,
located at 61 Bayside Drive, also
identified as being PID No. 00319996,
from "B -1" Local Business to "SZ -27
129
2.
3
L'adjonction de 1'dldment suivant a la
liste de zones du paragraphe 30(1)
c< zones sp&ciales SZ -27
L'adjonction du paragraphe 740(27)
qui se lit comme suit:
« Zone speciale n° 27 S( Z -27)
a) Usages
Tout terrain, batiment ou structure
ne peut titre affect6 :
i) qu'aux utilisations suivantes
- Iaboratoire ou 6tablisse-
ment de recherche;
- touter les utilisations
permises en vertu de
I'alinea 510(1)(a), sous
reserve des conditions
stipuldes au paragraphe
510(2);
ii) qu'aux utilisations suivantes,
sous reserve des conditions
imposees par le comit6 :
- toutes les utilisations
permises en vertu de
1'alinea 510(1)(b), sous
reserve des conditions
stipul6es au paragraphe
510(2);
iii) sous reserve de I'article 830.
qu'a une utilisation auxiliaire
ou accessoire li6e a une
utilisation, un batiment ou une
structure permis dans cette
zone.
b) Normes de zone
Les normes d'am6nagement dans
la zone speciale n° 27 doivent We
conformes aux dispositions du
paragraphe 510(3) et des articles
810 a 910, et la zone en question
doit etre consideree en tant que
zone « B », zone « B -1 » ou zone
commerciale, selon le cas. n
Modification du zonage d'une parcelle
de terrain d'une superficie d'environ
690 metres canes, situ&e au 61,
promenade Bayside, et portant le NID
00319996, de zone commerciale locale
Special Zone #27
- 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. 2010
and signed by:
Mayor/Maire
o B-1 >> a zone speciale n" 27 « SZ -27 »
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arre t6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2010,
avec les signatures suivantes
Common Clcrk/Greffiere communale
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
130
September 9, 2010
Your Worship and Councillors:
SUBJECT: Proposed Rezoning - 61 Bayside Drive
On August 16, 2010 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its September 8, 2010 meeting.
Mr. Richard Joyce of Chas. Martin (Canada) attended the meeting and addressed
the Committee indicating he was in agreement with the staff recommendation.
Mr. Joyce responded to questions from Committee members regarding operations
of the proposed laboratory.
No other persons spoke in favour of or in opposition to the application and no
letters pertaining to the application were received. After considering the staff
report and presentation, the Committee adopted the staff recommendation.
RECOMMENDATION:
1. That Common Council amend The City of Saint John Zoning By -law by:
a. Adding the following to the list of zones in Section 30(1):
"special zones SZ -27"
b. Adding the following as Section 740(27):
"Special Zone #27 SZ -27
a) Uses
Any land, building or structure may be used for the purpose
of, and for no other purpose than,
i) the following uses:
laboratory or research establishment;
all uses permitted in Section 510(1)(a),
subject to any applicable conditions
contained in Section 510(2);
131
6►•Z
ii) the following uses subject to such terms and
conditions as may be imposed by the Committee:
all uses permitted in Section 510(1)(b),
subject to any applicable conditions
contained in Section 510(2);
iii) subject to Section 830, an accessory building,
structure or use, incidental to a use, building or
structure permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #27 shall be as
set out in Section 510(3), and Section 810 to 910 where this
zone shall be considered a `B" zone, a `B -1" zone, or a
business zone, as the case may be.
2. That Common Council rezone a parcel of land with an area of
approximately 690 square meters, located at 61 Bayside Drive, also
identified as being PID Number 00319996, from `B -1" Local Business to
"SZ -27" Special Zone 27.
3. That, pursuant to Section 39 of the Community Planning Act, the
development and use of a parcel of land with an area of approximately 690
square meters, located at 61 Bayside Drive, also identified as being PID
Number 00319996, be subject to the following conditions:
a. That the parking area be paved; and
b. That the property owner make an effort to secure an access
agreement with the Province.
Respectfully submitted,
Terry Cornfield
Vice - Chairman
IM
Project No. 10 -303
132
DATE: SEPTEMBER 3, 2010
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT
FOR: MEETING OF SEPTEMBER 8, 2010
PREPARED BY: REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Ken Forrest, MCIP, RPP
Commissioner
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc.
623517 N.B. Inc.
61 Bayside Drive
00319996
Municipal Plan: Service Corridor ( Bayside)
Zoning: Existing: `B -1" Local Business
Proposed.• "SZ -27" Special Zone 27
Proposal: To permit a laboratory for testing limited quantities of petroleum
for quality.
Type of Application: Rezoning
133
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 2
61 Bayside Drive September 3, 2010
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's
recommendation will be considered by Common Council at a Public Hearing on Monday, September
13, 2010.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council amend The City of Saint John Zoning By -law by:
a. Adding the following to the list of zones in Section 30(1):
"special zones SZ -27"
b. Adding the following as Section 740(27):
"Special Zone #27
SZ -27
a) Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose than,
i) the following uses:
laboratory or research establishment;
- all uses permitted in Section 510(1)(a), subject to any applicable
conditions contained in Section 510(2);
ii) the following uses subject to such terms and conditions as may be imposed
by the Committee:
all uses permitted in Section 510(1)(b), subject to any applicable
conditions contained in Section 510(2);
iii) subject to Section 830, an accessory building, structure or use, incidental
to a use, building or structure permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #27 shall be as set out in Section
510(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a
"B -1" zone, or a business zone, as the case may be.
2. That Common Council rezone a parcel of land with an area of approximately 690 square meters,
located at 61 Bayside Drive, also identified as being PID Number 00319996, from `B -1" Local
Business to "SZ -27" Special Zone 27.
134
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 3
61 Bayside Drive September 3, 2010
3. That, pursuant to Section 39 of the Community Planning Act, the development and use of a
parcel of land with an area of approximately 690 square meters, located at 61 Bayside Drive, also
identified as being PID Number 00319996, be subject to the following conditions:
a. That the parking area be paved and
b. That the property owner make an effort to secure an access agreement with the Province.
BACKGROUND:
At its meeting of June 17, 2003, the Planning Advisory Committee dealt with an application to allow an
office as a conditional use at this location. The Committee imposed no additional terms and conditions
on the operation of the office use, a conditional use in the `B -1" Local Business zone.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has provided the following comments on the proposed
rezoning:
All businesses are required to have a City approved water meter.
It is assumed from the application that there will not be any servicing or site changes, just
a new zone designation. Should there be any servicing or site modifications, these must
be submitted to this Department for approval in advance of doing any of the work.
In accordance with the City's Water & Sewerage By -law, there shall be no discharges
into any drain or sewer service or to the City's sewer systems that includes but is not
limited to gasoline, benzene, naphtha, fuel oil, acetone, solvents, or other inflammable or
explosive liquid, solids, gases, etc.
Buildings and Inspection Services notes their latest information shows the property as being a Group
D occupancy, or offices under the National Building Code of Canada criteria. As the use of the property
will change to an F -2 occupancy (medium hazard occupancy), a review by Buildings and Inspection
Services is required. The applicant is advised to contact the Department to discuss the matter.
Saint John Fire Department has reviewed the proposal as it relates to the application concerning the
proposed rezoning of 61 Bayside Drive. The Fire Department has no objection to this application
provided that all street and building construction/renovations are conducted in accordance with the
National Building Code and National Fire Code.
Saint John Transit provides a high level of service in close proximity to this location at the Corner of
Bayside Drive and Park Street.
N.B. Department of Environment has been notified of the application.
Saint John Energy has no issue with the proposed application.
135
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 4
61 Bayside Drive September 3, 2010
Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been notified of the
application. Maritimes & Northeast Pipeline and Brunswick Pipeline advise the proposed rezoning will
not involve work near their facilities.
ANALYSIS:
Subject Site
The subject site is located on the east side of Bayside Drive between Loch Lomond Road and Courtenay
Avenue and contains a commercial building that was formerly a hair salon and previous to this, offices
and a bank. The building is on the northern portion of the property, with a small gravel parking area in
the southeast portion of the site. The property is accessed through the adjacent property owned by the
Province, formerly Hays Avenue, which was stopped up and closed and transferred to the Province in
2006.
The site is well maintained and landscaped with shrubs and grass along the front and south side, adjacent
to the driveway access to the school.
Proposed Development
The applicant is proposing to establish a laboratory for quality control testing of a limited quantity of
petroleum products. These samples are taken from shipments of raw product and finished product at the
Irving Refinery. In most cases, the samples are of a 1 litre size. The samples are tested and retained in a
properly vented room for 60 days at which time they are disposed of in the recovered product system at
the local refinery.
Surrounding Area
The area contains a mix of land uses and zoning designations. To the north of the site along Bayside
Drive, an area of "R -2" One and Two Family Residential zoning exists with a mix of single, two unit
and multiple unit dwellings. Bayside Middle School is located east of the site and is zoned "IL -2"
Major Institutional. Along this side of Bayside Drive from Loch Lomond Road southerly, there are
numerous properties zoned `B -1" Local Business, including a dental clinic, parking lot and gas station
and convenience store. Lands on the opposite side of Bayside Drive are zoned "I -2" Heavy Industrial
and include uses such as an asphalt terminal and various retail uses.
Municipal Plan Direction
The subject site is within the Bayside Service Corridor designation in the Municipal Plan. It is the intent
of the Plan to encourage highway commercial, general commercial and light industrial uses to locate in
Service Corridor areas rather than in scattered locations throughout the City in close proximity to
residential areas. Plan policies note that while residential areas may continue in parts of the Service
Corridor, they are not encouraged and impacts on surrounding residential areas should be minimized.
The Plan also notes that within areas designated as Service Corridors, consideration should be given to
minimizing access points to the adjacent street network where possible.
Staff note that while residential uses are located along this section of Bayside Drive, the nature of
Bayside Drive and this area, will significantly change to that of a more commercial nature over time
with the completion of the One Mile House Interchange project, given the increased traffic volumes,
especially heavy trucks. In addition, the concentration of commercial uses in the area at locations such
136
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 5
61 Bayside Drive September 3, 2010
as the Rothesay Avenue / Russell Street intersection also lends itself to increased commercial
development along this section of Bayside Drive.
Staff are of the opinion the proposed rezoning meets the intent of the Municipal Plan.
Zoning By -law
The subject site is zoned `B -1" Local Business and the conditional use of an office was approved on June 17,
2003 by the Committee. The property meets all of the standards found within the provisions for the `B -1"
Local Business zone.
There is no specific parking requirement in the Zoning By -law for a laboratory. Staff are of the opinion that
from a parking generation perspective this is similar to an office use which requires 6 spaces, but would
likely be less intensive. Staff also note that an office use would require the same number of parking spaces
as a bank which previously existed on the site, and that the site's use as a bank would be more intensive from
a parking and traffic generation perspective than the proposed laboratory use. Based on observations made
from the site visit, staff also note the parking area is immediately adjacent to lands owned by the Province
which are currently used as a parking and access area for Bayside Middle School. While the Zoning By -law
requires that parking not be provided within 1.5 metres of a side lot line, staff are of the opinion the intent of
the by -law is met as the parking area is immediately adjacent to a parking area on another property.
Therefore staff are satisfied the amount and location of parking provided meets the intent of the Zoning By-
law. Staff note however that the parking area is not paved and recommend that this be a condition of the
rezoning.
The parking area is accessed through the adjacent property, which is currently owned by the Province as an
access to Bayside Middle School. The area containing the access was formerly Hays Avenue, which was
stopped up and closed by the City and transferred to the Province in 2006. From a land use perspective, this
does not present an issue as Section 860 of the zoning by -law defines a commercial purpose as any use of a
land or building with the exception of a dwelling containing less than 5 dwelling units. Therefore for the
purposes of access, both the activities on the adjacent school property and subject property are considered
commercial purposes. The applicant's solicitor has mentioned the property owner is willing to construct a
separate driveway to the site or pursue formalizing an access agreement through discussions with the
Province. Staff are of the opinion that an access agreement with the Province is preferred over a new
driveway for the site as the goal in areas such as this should be to consolidate access points where possible.
Staff recommend that as a condition of the rezoning, the property owner make an effort to secure a formal
access agreement with the Province.
Staff are of the opinion that the proposed testing laboratory will present no conflicts with adjacent uses from
a land use perspective and note that any renovations will be subject to applicable provisions of the National
Building Code. A ventilation system is also planned for the laboratory area. With respect to the amount of
material tested, the applicant has indicated that the majority of samples are of a 1 -litre volume and storage of
these would be in the vault of the former bank building. Staff are of the opinion that the proposed use poses
a low risk to adjacent properties and note there are other uses in the area that store larger volumes of
hazardous and flammable products such as the asphalt terminal on the opposite side of Bayside Drive and the
service station at 113 Bayside Drive.
137
Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 6
61 Bayside Drive September 3, 2010
CONCLUSION:
The proposed rezoning of the site is appropriate. Conditions are recommended with respect to paving of
the parking area and development of a formal access agreement with the Province for the adjacent
parcel.
MR
Project No. 10 -303
138
139
61 BAYSIDE DRIVE
X Firb Extingusher
Main Floor
\ Exit
vat#t sample storage Wayne's Office
jample Ptepdmatlon
X
Room
KA
Conference
Barp's Office
Rldk's Office
Exit
Down Stalrs
t—� Inspector' Locker Room IjUlfty Room Waists Room Wash Room
veun rbs
R
Exit
X1
Storage & EXit Kitchen & Inspector Office Inspector Conference Lounge
Fxit
140
BY -LAW NUMBER C.P. 110 -151
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 nineteenth day of
December, A.D. 2005, is amended by:
I Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 16 hectares, located at 11
King William Road, also identified as P1D
number 55159719, from "RS -2" One and
Two Family Suburban Residential to "R -2"
One and Two Family Residential, "TH"
Townhouse, "RM -1" Three Storey
Multiple Residential and "13-2" General
Business pursuant to a resolution adopted
by Common Council under Section 39 of
the Community Planning Act.
- all as shown on the plan attached hereto
and forming part of this by -law.
1N 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. 2010
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -151
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une r6union du conseil
communal, The City of Saint John a
d6crete cc qui suit :
L'arretd sur le zonage de The City
of Saint John, d6crete le dix -neuf (19)
d6cembre 2005, est modifl6 par:
1 La modification de l'annexe <(A)),
Plan de zonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 16 hectares, situ6c au 11, chemin
King William, et portant le NID 55159719,
de zone residentielle de banlicue —
habitations unifamiliales et bifamiliales
<(RS -2) > a zone r6sidentielle -- habitations
unifamiliales et bifamiliales ((R -2 », zone
de maisons en rangee «TH >>, zone
d'edifices a logements multiples de trois
&ages c<RM -I» et zone commerciale
g6n6rale « B -2 » conformement a une
resolution adoptee par le conseil
municipal en vertu de Particle 39 de la
Loi sur l' urbanisme.
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du present
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2010,
avec les signatures suivantes :
Common Clerk/Greffi6re communale
First Reading - August 16, 2010 Premi6re lecture
Second Reading - August 16, 2010 Deuxi6me lecture
Third Reading - Troisiemc lecture
141
- le 16 aout 2010
- le 16 ao6t 2010
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
REZONING I REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
a
c
FROM 1 DE
RS -2
One and Two Family Suburban
Residential 1 Zone residentielle de _
banlieue- habitations unifamiliales
et bifamilales
TO 1 A
i
I
R -2
One and Two Family Residential 1 Zone
residentielle- habitations unifamiliales
et bifamilales
TH
Townhouse 1 Zone de maisons en rangee
B -2
General Business I
Zone commercial generale
RM -1
Three Storey Multiple Residential
/Zone d'edifices a Iogements multiples
de trois etages
Pursuant to a Resolution under Section 39 of the Community Planning Act
.� Conformement a une resolution adoptee par le conseil municipal en vertu de
Particle 39 de la Loi sur i'urbanisme
Applicant: Hughes Surveys and Consultants on behalf of Petrus Holdings Inc.
Location: 11 chemin King William Road
PID(s)INIP(s) 55159719
06NC1
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: August 26 aout, 2010
Considered by P.A.C.Iconsidere par le C.C.U.: August 10 aout, 2010
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law #IArrete #:
142
[ v -1 (b)
Section 39 Conditions — 11 King William Road
That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and
development of the parcel of land located at 11 King William Road, also identified as PID No.
55159719, be subject to the following conditions:
a) That any costs to extend off -site infrastructure to serve the development be completed at
the developer's expense.
b) That water, sanitary sewer and storm sewer infrastructure be extended to the north
property line of the site within the future street right -of -way that is south of Edna Court at
the time the adjacent section of Melbourne Avenue is constructed.
c) That the use of the area to be rezoned to "B -2" General Business be limited to the
following uses:
• a bank or financial institution
• a bakery
• a convenience store
• a day care centre
• a personal service shop
• a repair service shop
• a restaurant (excluding a drive through)
• a retail store
• an office use
• a gasoline bar, subject to such terms and conditions as may be imposed by the
Planning Advisory Committee.
d) That the gross floor area of the structures in the area to be rezoned to "B -2" General
Business be limited to a maximum of 1000 square metres.
e) That access to the proposed "B -2" General Business site be limited to a right-in/right out
driveway from Melbourne Street and a full access driveway from Peerless Drive, and
that direct access to the "B -2" General Business site from King William Road not be
permitted.
f) That the proposed location of the intersection of King William Road and Melbourne
Avenue be reviewed by the developer's traffic engineering consultant to provide a
confirmation of available intersection sight distance, turning sight distance, and stopping
sight distance at the proposed access with respect to Transportation Association of
Canada Guidelines.
g) That the length of contiguous roadway into the site be limited to a distance of 400 metres
from the King William Road 1 Melbourne Avenue intersection until such time as a second
connection to Ocean Westway is developed.
143
BY -LAW NUMBER C.P. 110 -152
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 nineteenth day of
December, A.D. 2005, is amended by:
ARRETE No C.P. 110 -152
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE
DE THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a 6dict6
ce qui suit:
L'Arret6 de zonage de The City of
Saint John, d6cr&6 le dix -neuf
(19) d6cembre 2005, est modifi6 par:
1 Adding the following definition to 1
Section 20:
"incidental vehicle sales" means.
ancillary to a permitted main use, the
sale of up to five vehicles on a
developed site; ( vente de vehicules
inridentaire)
L'ajout de la definition suivante a
Particle 20 :
vente de vehicules incidentaire »,
auxiliaire a un usage principal penmis,
d6signe la vente de jusqu'a cinq
vehicules sur un site amenag6;
(incidental vehicle sales)
2 Removing the definition of '`useable 2 Le retrait de la definition d'« espace
open space" from Section 20. fibre utilisable » de Particle 20.
tj
4
61
6
11
Amending Section 310(3)(1) by
replacing the term "useable open
space" with the term "amenity space'".
Amending Section 320(3)(k) by
replacing the term "useable open
space' with the term "amenity space ".
Amending Section 330(3)(k) by
replacing the term "useable open
space" with the term "amenity space ".
Amending Section 520(l)(b) by
inserting "and Section 820(14) " after
"subjection to subsection (2)(d) ".
Adding the following to the list of
permitted uses in the 1-1" Light
Industrial zone (Section 620(1)(a)):
- retail store, not including a
shopping centre
- subject to Section 820(14), a car
sales lot
- athletic or health club
3 Le remplacement de Pexpression
((espace libre utilisable)) a
Palinea 3 ] 0(3)1) par ((espace
d'agrement ».
4
5
6
7
8 Removing the following from the list 8
of conditional uses in the 1-1" Light
Industrial zone (Section 620 (1)(b)):
- retail store, not including a
shopping centre
- car sales lot
- used car sales lot
- athletic or health club
144
Le remplacement de 1'expression
espace libre utilisable >> a 1'alin6a
320(3)k) par « espace d'agrement ».
Le remplacement de ('expression
« espace libre utilisable )> a 1'alin6a
330(3)k) par « espace d'agr6ment ».
L'insertion, a l'alin6a 520(1)h), de « et
du paragraphe 820(14) » apres <( sous
reserve du paragraphe (2)cl) ».
Les ajouts suivants a la liste d'usabes
permis dans la zone d'industric legere
« 1 -1 » [alinea 620(1)u)] :
magasin de detail, a Pexclusion
d'un centre commercial
sous reserve du
paragraphe 820(14), un terrain
affect6 a la vente d'automobiles
club athletique ou de sant6
Les retraits suivants de ]a liste d'usages
conditionnels dans la zone d'industrie
legere « I -1 » [alinea 620(1)h)] :
- magasin de detail, a 1'exclusion
d'un centre commercial
- un terrain affecte a la vente
d'automobiles
- un terrain affecte a la vente
d'automobiles d'oecasion
9 Replacing "car sales lot" with "subject 9
to Section 820(14), a car sales lot" in
Section 630(1)(b).
10 Removing the following from the list
of conditional uses in the "1 -2" Heavy
Industrial zone (Section 630(1)(b)):
- used car sales lot
11 Replacing "retail store" with 'retail
store, not including a shopping centre'"
in the list of permitted uses in the "I -3-
Light Industrial Park zone (Section
640(1)(a)).
12 Replacing "sale of automotive
equipment and vehicles" with
"automobile and parts salesroom" in
the list of permitted uses in the 1 -3"
Light Industrial Park zone (Section
640(1)(a)).
13 Adding the following to the list of
permitted uses in the 1-3- Light
Industrial Park zone (Section
640(1)(a)):
- subject to Section 820(14), car
sales lot
- athletic or health club
14 Removing "retail store " from the list of
permitted uses in the 14" Heavy
Industrial Park zone (Section
650(l)(a)) and adding "retail store, not
including a shopping centre' to the list
of conditional uses (Section 650
(l )(b)).
15 Replacing "sale of automotive
equipment and vehicles" with
"automobile and parts salesroom" in
the list of permitted uses in the "I4"
Heavy Industrial Park zone (Section
650(1)(a)).
16 Adding the following to the list of
conditional uses in the 14" Heavy
Industrial Park zone (Section
650(l)(b)):
- subject to Section 820(14), car
sales lot
- club athletique ou de sante
Le remplacement de ((terrain affecte a
la vente d'automobiles >> par «sous
reserve du paragraphe 820(14), un
terrain affect6 a la vente
d'automobiles >> a 1'alin6a 630(1)6).
10 Les retraits suivants de la liste d'usages
conditionnels dans la zone Ondustrie
lourde << I -2 » [alin6a 630(1)6)] :
- terrain affecte a is vente
d'automobiles d'occasion
11 Le remplacement de « magasin de
d6tail » par « magasin de d6tail, a
1'exclusion dun centre commercial »
dans la lisle d'usages permis de la zone
de parc d'industric 16g6re « I -3 »
[alin6a 640(1)x)].
12 Le remplacement de « vente de
matdriel automobile et de vdhicules »
par « salle de vente d'automobiles et de
pieces d'automobiles » dans la lisle
d'usages permis de la zone de parc
d'industrie 1eg6re « I -3 >>
[alinea 640(1)a)].
13 Les ajouts suivants a la liste d'usages
permis dans la zone de parc Ondustrie
16g6re « I -3 a [alin6a 640(1)x)] :
145
- sous reserve du
paragraphe 820(14), un terrain
affecte a la vente d'automobiles
- club athidlique ou de sant6
14 Le retrait de « magasin de d6tail » de ]a
liste d'usages permis dans la zone de
parc d'industrie lourde « I -4 »
[alin6a 650(1)a)] et 1'ajout de
« magasin de d6tail, a 1'exclusion d'un
centre commercial >> a la lisle d'usages
conditionnels [ alinea 650(1)h)].
15 Le remplacement de « vente de
mat6riel automobile et de v6hicules»
par « salee de vente d'automobiles et de
pieces d'automobiles >> dans la lisle
d'usages permis de la zone de parc
d'industrie leg6re « 1 -3 »
[alin6a 650(1)a)].
16 Les ajouts suivants a la lisle d'usages
conditionnels dans la zone de parc
d'industrie lourde « I -4 >>
[alin6a 650(1)6)] :
- sous reserve du
paragraphe 820(14), un terrain
- athletic or health club
affecte a la vente d'automobiles
- club athl6tique ou de sant6
17 Creating the following as Section 17 L'ajout du paragraphe 810(12) qui se
810(12): lit comrne suit :
(12) Incidental Vehicle Sales
Notwithstanding any other provision of
this By -law, Incidental Vehicle Sales
shall be permitted in the following
zones:
• "B -2" General Business
"I -F- Light Industrial
• 1-2" Heavy Industrial
• "1 -3" Light Industrial Park
• 14" Heavy Industrial Park
(12) Vente de vehicules incidentaire
Nonobstant toute autre disposition du
present arret6, la vente de vehicules
incidentaire est permise dans les zones
suivantes:
• zone commerciale g6n6rale « B -2
• zone d'industrie 16gere « 1 -1 »
• zone d'industrie lourde « 1 -2
• zone de part d'industrie 16g6re « I-
3>>
• zone de pare d'industrie lourde « I-
4>>
18 Creating the following as Section 18 L'ajout du paragraphe 810(13) qui se
810(13): lit comrne suit :
(13) Existing Dwellings in 'J"
Industrial Zones
Notwithstanding any other provision of
this By -law, a legally established non-
conforming dwelling in an "I"
Industrial zone may be maintained or
repaired. This maintenance or
reparation includes the addition of
minor appurtenances such as balconies,
decks, and unenclosed porches. The
replacement or construction of
accessory buildings is also permitted,
in accordance with the standards of this
By -law.
(13) Batiments existants dans les zones
industrielles « I »
Nonobstant toute autre disposition du
present arret6, i'entretien ou la
reparation d'un batiment non conforme
qui est legalement 6tabli dans une zone
industrielle « I » est autoris6.
L'entretien ou la reparation comprend
1'ajout de d6pendances mincures, telles
que des balcons, des terrasses et des
porches non ferm6s. Le remplacement
ou is construction de batiments
annexes est 6galement permis,
conform6ment aux normes du present
arret6.
19 Replacing Section 820(7) with the 19 Le remplacement du paragraphe 820(7)
following: par le paragraphe suivant :
(7) Reduced Front Yard Setback
Notwithstanding any requirement of
this By -law in any "R "' zone or "13-1"
zone, excluding the "RM -IF" zone:
(a) a main building may be placed,
erected or altered so that it is as
close to the street line as either of
the two adjacent main buildings.
(b) for additions to existing buildings
that were lawfully erected on or
before the effective date of this By-
law but do not conform to the
current minimum front yard
setback standard, the minimum
front yard setback may be equal to
that of the existing building.
146
(7) Reduction de la mare de recut de
la tour avant
Nonobstant toute exigence du present
arrete dans une zone « R » ou << B -1 »,
A 1'exclusion de la zone « RM -IF » :
(a) un batiment principal peut etre
plac6 ou modifi6 de fagon a etre
aussi pres de 1'alignement de la rue
que 1'un des deux batiments
principaux adjacents;
(b) la marge de recut minimale d'un
ajout a un batiment existant
legalement install6 au plus tard a la
date d'entr6e en vigueur du present
arret6, mais qui n'est pas conforme
A ]a norme actuelle concernant la
marge de recul minimale, peut titre
egale a celle du batiment existant.
20 Adding the following as Section 20 L'ajout du paragraphe 820(14) qui se lit
$20(14): comme suit :
(14) Site Im rovement Standards for
Car Sales Lots
Other than incidental vehicle sales, no
Iot may be used or altered for the
purposes of a car sales lot unless the
following site improvements are
installed and maintained:
(a) All parking areas, loading areas,
manoeuvring areas and driveways
must be paved with asphalt.
(b) All paved areas must be enclosed
with continuous cast -in -place
concrete curbs in order to protect
the landscaped areas and to
facilitate proper drainage.
(c) Adequate site drainage facilities,
including necessary catch basins,
must be provided by the Developer
in accordance with a detailed
drainage plan, prepared by the
proponent and subject to the
approval of the Chief City
Engineer or his designate.
(d) All developed areas of the site not
occupied by buildings, driveways,
walkways, parking or loading areas
must be landscaped by the
Developer. The landscaping must
extend onto the City street right -of-
way to the edge of the street
curb /sidewalk.
(e) Exterior light standards must direct
light down onto the parking area
and not toward adjacent properties.
(f) The site shall not be developed
except in accordance with a
detailed site plan, prepared by the
Developer and subject to the
approval of the Development
Officer, indicating the location of
all buildings, parking areas,
driveways, loading areas,
freestanding signs, exterior
lighting, landscaped areas and
other site features, including those
listed above. The approved site
plan must be attached to the
building permit application for the
development.
147
(14) Normes concernant 1'am6lioration
des emplacements de concessions
d'automobiles
A 1'exception de la vente de vehicules
incidentaire, aucun lot ne peut We
utilisd ou modifie pour les fins d'une
concession d'automobiles, a moins que
les ameliorations suivantes ne soient
installdes et maintenues :
(a) toutes les sires de stationnement,
de chargement et de manoeuvre
ainsi que les voies d'acces doivent
titre asphaltees;
(b) toutes les aires asphaltees doivent
titre entourees de bordures
continues de baton coulees sur
place pour proteger les espaces
paysagers et faciliter le drainage;
(c) le promoteur doit assurer des
installations adequates de
drainage, y compris des puisards,
conformement a un plan de
drainage ddtaille dresse par le
requerant et sujet a ]'approbation
de Pingdnieur municipal en chef
ou de son representant;
(d) le promoteur doit prdvoir
l'amdnagement paysager des aires
amenagees de ]'emplacement ou it
n'y a pas de batiments, de voies
d'acces, d'allees pidtonnieres et
d'aires de stationnement ou de
chargement. L'amdnagement
paysager doit se prolonger sur le
droit de passage municipal jusqu'a
la bordure de la rue ou du trottoir;
(e) la lumiere des lampadaires
extdrieurs doit titre dirigde de
faron a dclairer le terrain de
stationnement et non les propridtes
adj acentes;
(f) 1'emplacement doit titre amenage
conformement a un plan de
situation ddtaille, prdpare par le
promoteur et sujet a ]'approbation
de I'agent d'amenagernent,
indiquant 1'emplacement de tous
les batiments, les aires de
stationnement, Ies voies d'acces,
(g) All site improvements shown on
the approved site and drainage
plans must be completed within
one year of building permit
approval.
21 Amending the unnumbered clause
following Section 840(3)(a)(vi) to read
as follows:
Only one sign is permitted per purpose
and shall have a maximum area of
- 0.6 square metres for purposes
(i), (ii) and (iii)
- 0.2 square metres for purposes
(iv) and (v)
- 0.4 square metres for purpose
(vi)
22 Amending Section 840(3)(e) by
removing the following words:
"to identify the name of the shopping
centre"
les aires de chargement, les
enseignes autostables, 1'6clairage
ext6rieur, les espaces paysagers et
les autres caractdristiques de
1'emplacement, y compris celles
susmentionndes. Le plan de
situation approuv& doit titre joint a
la demande de permis de
construction relative au projet
d'am6nagement;
(g) tous les travaux d'amdlioration
indiquds sur les plans de situation
et de drainage doivent titre
termin6s daps un delai d'un an a
compter de la date de d6livrance
du permis de construction.
21 La modification de la clause non
numerot&e suivant le sous -
alin6a 840(3)a)(vi) comme suit :
Un seul panneau aux dimensions
maximales suivantes est autorise aux
fins respectives prdvues :
- 0,6 metre cane aux fins
indiqu &es aux sous- alindas (i),
(ii) et (iii)
- 0,2 metre carr& aux fins
indiquees aux sous- alin &as (iv)
et (v)
- 0,4 metre carrel aux fins
indiquees au sous- alin &a (vi)
22 La modification de i'alinda 840(3)e) par
le retrait des mots suivants :
<< indiquer le nom du centre
commercial ».
23 Amending the second clause of Section 23
840(3)(e) by changing "A square
metres" to '40.7 square metres ".
La modification de la deuxi6me clause
de 1'alin 6a 840(3)e) en changeant
« 0,4 metre carrd » a u 0,7 metre
carne ».
24 Amending Section 840(5) by adding 24 La modification du paragraphe 840(5)
the following as clause (v): par 1'ajout du sous - alinea (v) suivant :
(v) not be placed, erected or displayed
within 100 metres of, and oriented
toward the Provincial Highways No.l
or 7 (excluding access ramps).
(v) ne peut titre instal16, &rigd ou
afficM a moins de 100 metres des
routes provinciales 1 ou 7 (a l`exclusion
des rampes d'accds) et orient& vers
celles -ci.
25 Amending Section 840(10) ,to read as 25 La modification du paragraphe 840(10)
follows: comme suit:
(10) Notwithstanding any other
provision of this Section, no sign may
be placed, erected or displayed on a lot
which is on the water side of
- Manawagonish Road
148
(10) Nonobstant toute autre disposition
du pr6sent article, aucun panneau ne
doit titre insta116, 6rig6 ou affiche sur un
lot situd du c6t6 riverain :
— du chemin Manawagonish,
Ocean Westway
Hilyard Street
- Chesley Drive
- Crown Street
Red Head Road
and restrict the view of the Saint John
River, Saint John Harbour, or the Bay
of Fundy.
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. 2010
and signed by:
Mayor /Maire
— de la voie Ouest Ocean,
— de la rue Hilyard,
— de la promenade Chesley
de la rue Crown,
et du chemin Red Head,
et restreindre la vue de la riviere Saint -
Jean, du port de Saint John ou de la
baie de Fundy.
EN FOI DE QUO], The City of Saint John
a fait apposer son sceau communal sur le
present arrete le * jour de * 2010, avec les
signatures suivantes :
Common C1erk/Greffiere communale
First Reading - August 30, 2010 Premi &re lecture - le 30 aout 2010
Second Reading - August 30, 2010 Deuxieme lecture - le 30 aout 2010
Third Reading - Troisieme lecture -
149
REPORT TO COMMON COUNCIL
M &C- 2010 -301
September 9, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Rezoning - 237 Union Street
BACKGROUND:
Common Council, at its meeting of August 30, 2010, gave first and second
reading to a proposed rezoning at 237 Union Street that would result in the
property being rezoned from `B -2" General Business to `B -3" Central Business
to permit the establishment of a pub and restaurant.
City of Saint John
Staff was asked to prepare a report to be presented at third reading detailing
potential conditions for the proposed establishment to be enacted pursuant to
Section 39 of the Community Planning Act. Common Council also requested that
Staff review these conditions with the applicant prior to submitting the report.
ANALYSIS:
Common Council specifically requested that staff examine conditions pertaining
to the hours of operation of the establishment, the types of entertainment at the
establishment, provision of an outdoor patio, and the differentiation between a
pub / restaurant and a bar.
Staff recommend that the number of licensed clubs or lounges on the site be
restricted to a maximum of one. This will prevent the establishment of multiple
clubs or lounges at the site.
Hours of operation of the facility should be limited to between 7 AM and 11 PM
Sunday to Thursday; and 7 AM and 12 AM on Friday and Saturday and that the
150
M & C — 2010 — 301 - 2 - September 9, 2010
club or lounge shall include kitchen facilities with food services available at all
times during hours of operation.
Staff are of the opinion that options to provide an outdoor patio at the site are
limited given the lack of available space along the sidewalk of Union Street and
the impacts that such patio space at the rear of the building would have on the
existing parking area. Staff recommend that a patio area not be permitted given
these limitations. Prohibition of the patio area will minimize noise impacts on
other adjacent land uses, particularly residential properties.
Given the applicant's stated intent to focus on development of a restaurant on the
site, staff recommend that the proposed establishment not include an
Entertainment Licence. Such a condition would aid in preventing noise impacts
on surrounding residential uses.
Staff also recommend that given the applicant's stated intent for an upscale
restaurant establishment, that video lottery terminals be prohibited at the site.
Staff note that other "restaurants" do not feature this type of entertainment.
These conditions have been communicated to the applicant both verbally and via
e -mail. The applicant has indicated he intends to provide written comments
regarding these conditions to be attached to this report.
RECOMMENDATION:
Staff recommend that should Common Council choose to proceed with third
reading of the proposed rezoning that conditions be adopted by resolution as
follows:
1. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the establishment and operation of club or lounge on a parcel of land
having an area of approximately 330 square metres, located at 237 Union
Street, also identified as being PID No. 00012286, be subject to the
following conditions:
(a) the number of licensed clubs or lounges on the site be restricted to
a maximum of one;
(b) the hours of operation of the club or lounge shall be limited to an
opening time not earlier than 11 AM and a closing time not later
than 11 PM from Sunday to Thursday, and not later than 12:00
AM the next day on Friday or Saturday;
(c) the club or lounge shall include kitchen facilities with food
services available at all times during hours of operation;
151
M & C — 2010 — 301 - 3 - September 9, 2010
(d) the club or lounge shall have a maximum seating capacity of 50
persons;
(e) the club or lounge must be located within the main floor of the
existing building and shall include no licensed outdoor patio area;
(f) the club or lounge operation shall not include an Entertainment
Licence and not include exotic or adult entertainment; and
(g) the club or lounge operation shall not include video lottery
terminals.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
Project No. 10 -281
152
September 9, 2010
ATTN: Saint John Common Council
City Hall
P. O. Box 1971
Saint John, N. B.
E21, 4L 1
Dear Mayor and Council Members,
I am writing this letter to you because I was told by the city that I am not allowed to
speak regarding the Section 39 terms and conditions they wish to impose on the 237
Union Street property, see the attached email.
I'll address each condition one at a time:
1(a) I have no dispute with. I only intend on opening one licensed restaurant.
1(b) This will be a licensed restaurant, and as such I don't want to be limited if I choose
to serve a breakfast menu. The hours of operation should only be limited in the evening
(if its noise they are concerned about). So maybe the hours of operation should be
limited to lam — 12am? I'm not even sure if I intend on being open early?
1(c) Again, this is a licensed restaurant, I intend on having a kitchen. If I decide to serve
food during all hours of operation I will. Being told I have to sounds a bit crazy. I think
most would agree.
1(d) Our intended seating is around 50 -80. If we decide to cater to a special office
parties or something of that nature, we may bring in additional seating. Setting limits
such as these are decided by the fire marshal I believe. Do any other establishments in
the City of Saint John have seating capacity set by the city?
I (e) Our intention is to provide a licensed outdoor patio area, like most other restaurants,
some of them even use up valuable sidewalk space. Ours will be at the rear of the
building, on my own property. Some people like to smoke while they have dinner and
drinks.
1(f) I have no intention of applying for an exotic or adult entertainment license. But if I
want to bring in some evening entertainment, a few performers, etc. The noise will not
be over bearing, and my hours of operation are limited to 12am anyways.
153
I (g) I do intend on applying for Video Lottery Terminals, and in order to be approved by
Atlantic Lotto Corporation these days, you must operate a first class establishment. This
is what I intend to do, and I don't feel that my options should be limited at this point.
Other licensed establishments in this city, even in B2 zones don't have these type of
limitations.
I feel these conditions should have been address at the PAC meeting, which would have
allowed me to discuss this first hand.
Victor Train
2690 Loch Lomond Rd.
Saint John, NB
E2N 1 A7
154
September 9, 2010
ATTN: Saint John Common Council
City Hall
P. O. Box 1971
Saint John, N. B.
E21, 4L 1
Dear Mayor and Council Members,
I am writing this letter to you because I was told by the city that I am not allowed to
speak regarding the Section 39 terms and conditions they wish to impose on the 237
Union Street property, see the attached email.
I'll address each condition one at a time:
1(a) I have no dispute with. I only intend on opening one licensed restaurant.
1(b) This will be a licensed restaurant, and as such I don't want to be limited if I choose
to serve a breakfast menu. The hours of operation should only be limited in the evening
(if its noise they are concerned about). So maybe the hours of operation should be
limited to 7am — 12arn? I'm not even sure if I intend on being open early?
1(c) Again, this is a licensed restaurant, I intend on having a kitchen. If I decide to serve
food during all hours of operation I will. Being told I have to sounds a bit crazy. I think
most would agree.
1(d) Our intended seating is around 50 -80. If we decide to cater to a special office
parties or something of that nature, we may bring in additional seating. Setting limits
such as these are decided by the fire marshal I believe. Do any other establishments in
the City of Saint John have seating capacity set by the city?
1(e) Our intention is to provide a licensed outdoor patio area, like most other restaurants,
some of them even use up valuable sidewalk space. Ours will be at the rear of the
building, on my own property. Some people like to smoke while they have dinner and
drinks.
1(f) I have no intention of applying for an exotic or adult entertainment license. But if I
want to bring in some evening entertainment, a few performers, etc. The noise will not
be over bearing, and my hours of operation are limited to 12am anyways.
155
1(g) I do intend on applying for Video Lottery Terminals, and in order to be approved by
Atlantic Lotto Corporation these days, you must operate a first class establishment. This
is what I intend to do, and I don't feel that my options should be limited at this point.
Other licensed establishments in this city, even in B2 zones don't have these type of
limitations.
I feel these conditions should have been address at the PAC meeting, which would have
allowed me to discuss this first hand.
Victor Train
2690 Loch Lomond Rd.
Saint John, NB
E2N 1A7
156
:mail - (no subject) https: / /mail.googie. coon / mail/?uwi= 2&i1 --7d4e870454&view=pt &search= inbox&th— ]2at2c59c...
GmDental Assistants College <dacsII @gmall.com>
c.4 . cl;
(no subject)
1 message
Reade, Mark <mark.reade @salntJohn.ca>
To: Dental Assistants College <dacsjl @gmail.00m>
Cc: "Forrest, Ken" <Ken.Forrest @saintjohn.ca>
Victor:
Wed, Sep S, 2010 at 4:13 PM
As a follow up to our phone conversation this afternoon, the Public Hearing has concluded. Therefore you do not have an opportunity to speak at Third Reading.
LTA F71I
Mark Reade, P.Eng., MCIP, RPP
Senior Planner 1 Urbaniste Principal
Planning & Development I Urbanisme & D &veloppement
10th Floor, City Hall
City of Saint John
P.O. Box 1971
Saint John, NB
E21- 41-1
157
of 2 09/09/2010 3:23 PM
3mail - (no subject)
Reception:
(506) 658 -2835
Direct Tel:
(506) 674 -4238
Facsimile:
(506) 658 -2837
E -Mail:
mark. reade@saintiohn.ca
https:ll mil. google .com /maill ?ui= 2 &i1--7d4e870454 &view= pi8tsearch— inbox&th= 12af2c59c...
158
of 2 09/09/2010 3:23 PM
BY -LAW NUMBER C.P. 110 -153
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 nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 330 square metres, located
at 237 Union Street, also identified as PID
No. 00012286, from 13-2 General
Business to "B -3" Central Business
pursuant to a resolution adopted by
Common Council under Section 39 of the
Community Planning Act.
- 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. 2010
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -153
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lars d'une reunion du conseil
communal, The City of Saint John a
decrete cc qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
decembre 2005, est modifie par:
1 La modification de I'annexe « A»,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
parcelle de terrain d'une superficie
d'environ 330 metres carres, situee au 237,
rue Union, et portant le NID 00012286, de
zone commerciale generale a B -2 » a zone
commerciale centrale « B -3 »
conformement a une resolution adoptee
par le conseil municipal en vertu de
Particle 39 de la Loi sur l'urbanisme.
- 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 2010,
avec les signatures suivantes
Common Clerk/Greffiere communale
First Reading - August 30 2010 Premiere lecture
Second Reading - August 30, 2010 Deuxieme lecture
Third Reading - Troisieme lecture
159
- le 30 aout 2010
- le 30 aout 2010
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
ere
rs ,
ca
St i�
`ter
i r J
e �p�on St•
FROM 1 DE TO IA
B -2 B -3
General Business 1 Central Business 1
zone commerciale generale Zone commercial centrale
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le Conseil municipal en vertu de
I'article 39 de la Loi sur i'urbanisme
Applicant: 514574 N.B. Limited
Location: 237 rue Union Street
PID(s)INIP(s) 00012286
06N88SE
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: September 9 septembre, 2010
Considered by P.A.C. /considers par le C.C.U.: August 24 aoCit, 2010
Enacted by CouncillApprouve par le Conseil:
Filed in Registry OfFce /Enregistre le:
By -Law # /Arrete #:
160
BY -LAW NUMBER C.P. 110 -154
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 nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 4720 square metres, located
at 489 Sea Street, also identified as PID
No. 00385781, from "1-I" Light Industrial
to "IL -1" Neighbourhood Institutional
pursuant to a resolution adopted by
Common Council under Section 39 of the
Community Planning Act.
- 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. 2010
and signed by:
Mayor /Maire
ARRETE No C.P. 110 -154
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
Uarrete sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
decembre 2005, est modifie par:
1 La modification de ]'annexe «A »,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
parcelle de terrain dune superficie
d'environ 4 720 metres canes, situee au
489, rue Sea, et portant le NID 00385781,
de zone d'industrie Legere « I -1 » a quartier
A vocation collective a IL -1 »
conformement a une resolution adoptee
par le conseil municipal en vertu de
]'article 39 de la Loi sur 1'urbanisme.
- 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 2010,
aver les signatures suivantes :
Common Clerk/Greffiere communale
First Reading - August 30, 2010 Premiere lecture
Second Reading - August 30, 2010 Deuxieme lecture
Third Reading - Troisieme lecture
161
- le 30 aout 2010
- le 30 aout 2010
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe ((A)> de I'Arrete de zonage de The City of Saint John
XeQ�,
CT
i f I
FROM 1 DE TO 1 A
I -1 IL -1
Light Industrial 1 Neighbourhood Institutional 1
zone d'industrie Iegere Zone de quartier a vocation
collectif
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu de
I'article 39 de la Loi sur Furbanisme
Applicant: Bob Landry
Location: 489 rue Sea Street
PID(s)INIP(s) 00385781
06N86SW
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: September 9 septembre, 2010
Considered by P.A.C. /considers par le C.C.U.: August 24 aout, 2010
Enacted by Council /Approuvs par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #:
162
1
1 489 Sea Street — Section 39 Conditions
That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of
the property at 489 Sea Street be subject to the following condition:
a. that a detailed landscaping plan be prepared by the applicant subject to the approval
of the Development Officer.
163
Mayor and Council
September S, 2010
Re: Facilitating Development in Urban Core
In June I made a submission to Plans SJ in regard to my beliefs in what was required to initiate and
encourage development of the City's urban core (see attached email).
Recently, Councilor McGuire, a member of Plans SJ, brought forward the central principles and concepts
contained within my submission for council's consideration and subsequent approval to be referred to
the city manager for the development of relevant policies. While council's endorsement to establish
enabling development policies for the Saint John's urban core is a very important step, I believe council
must contemplate a means of facilitating the intense development required to reverse the urban decay
ubiquitous in Saint John's older urban core.
Moreover, it is time the City of Saint John involve itself in development beyond polices and development
incentives —the city must assert itself as a developer in the neighborhoods most strongly affected by
decay and act as a catalyst for the attraction of other development. Such municipal led developments
have meet with tremendous success in the United States {see attachment).
The corporation of the City of Saint John has within its family of boards and agencies an established
development agency with proven success in several keystone development projects. The Saint John
Waterfront Development Corporation, although recently renamed from the Saint John Development
Corporation, has successfully developed Market square (including housing), the Imperial Theatre and
most recently the ongoing development of the waterfront. Given this corporation's success in other
development projects and given its original mandate, I believe discussions with them on the possibilities
of undertaking a neighborhood revitalization development project would be worthwhile.
Motion:
Direct the City Manager and Planning Commissioner to hold preliminary discussions with the Saint John
Waterfront Development Corporation on the possibility of the SJWDC undertaking a neighborhood
revitalization development project.
Stephen Chase
Deputy Mayor
Attachments:
lr
SAINT JOHN
-----------
original email to plans S7
Document describing an example development agency
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1471 Saint John, N. -B. Canada E2L 41_1
164
original Submission
From: Chase, Stephen
Sent: Tuesday, June 08, 2010 10 :31 PM
To: Gormley, Elizabeth
Subject: Plans SJ workshop
Can you send the following to Ms. Jacqueline Hamiliton, and cc Council.
Thanks
I am not able to attend the Plans SJ Workshop because I am out of province.
However, I wish to contribute by offering some thought on developing some
neighbourhoods.
Concept
Revitalize devalued neighbourhoods through development partnerships.
objectives
Target devalued districts
Increase population
Increase housing density
Eradicate dilapidated buildings
Develop vacant lots
Leverage existing infrastructure (water and sewer; roads etc)
Create design standards for both housing and streetscapes that create strong
character
Incentive programs for both developers and home buyers that reduces risk in
building and buying
Possible Scenario
165
and living in a neighbourhood encourages more young families, which leads to
revitalizing and uplifting a neighbourhood resulting in density within that
neighbourhood. The development must include design standards which would provide
modest housing but is rich in character. Any development would have the benefit
of the use of existing infrastructure (water /roads). In order to facilitate this
initiative, perhaps the City could work together with developers and new home
buyers to cover down payment to motivate new home ownership in the area. This
could be in the form of grants or forgivable loans. The City could reduce risk
to developers by only requiring payment for the land upon the sale of the new
home. There is also a potential for a relationship with Habitat for Humanity.
They have a good existing model for setting up home ownership that the City could
leverage if they had the land. Possibly 20% of potential development could be
offered to Habitat for Humanity. The City needs population growth, particularly
young, working class families. The goal would be to work together to make
responsible decisions which encourage and motivate families to decide they want
to live in a neighbourhood together to create a community. The potential growth
and sustainability of any area depends on accessibility for families to have
pride of ownership and develop a sense of community within the neighbourhood.
Funds should be allocated in the capital budget each year to accomplish this
program and setting neighbourhood targets or schedules.
166
Argenta CDC : Central Arkansas homes, Little Rock Real Estate Grants, Housing Assista... Page 2 of 3
1VH0 IVE ARE
Argenta CDC's mission is to improve the economic vitality, quality of life,
and sense of community in targeted neighborhoods through the
development of quality housing, the promotion of homeownership and the
stimulation of economic growth. We have five areas of focus
• Single -family and multi -family housing development
• Commercial properly development
• A buiidmg "green" initiative
• NeighborWorksC HomeOwnership Center
• Community development and outreach
NOtaaI[a a] 1141
During the late 1980s and early 90s, downtown North Little Rock was
plagued by high crime. Historic homes deteriorated; property values
plummeted; residents and shopkeepers lived in fear. Many homeowners
fled the area. In 1992, those residents and property owners who remained
organized the Argenta Community Development Corporation to take back
their neighborhood. Community members firmly believed that home
ownership would serve as a catalyst for neighborhood improvement and
began stralegizing about how best to promote the area as attractive to
prospective homeowners,
Argenta CDC's resident organizers and founding board members did not
possess community development expertise, but they were deliberate in
the alliances they formed_ They solicited support from city leaders, law
enforcement officials, bankers, business owners, legal professionals, and
others to create a winning team. This type of ground -level interaction
continues today and Argenta has capitalized on this history to build a
formidable alliance
To date we have renovated and constructed over 162 residential and
commercial properties including a 56-unit apartment complex investing
over $15 million in downtown North Little Rock's in renewal efforts.
Through the work of the North Little Rock History Comm isson, the Argenta
Neighborhood was designated as National Register Historic District in
1993. Since the reformation, property values have soared more than
200°/x, the crime rate is one of the lowest in North Little Rock and the Main
Street areas has evolved into an economic and residential attraction_
Argenta CDC was one of 6 programs in United States selected by HUD in
1999 to receive the prestigious "Innovations in Community Development
Award." In accepting the award on behalf of the CDC, North Little Rock
Mayor Patrick Hays stated, "A strong partner in progress, Argenta CDC
was an early and essential revitalization force for the downtown
neighborhoods of North Little Rock. We are proud to be a part of such a
strong and productive partnership." In 2002 Argenta CDC earned a
prestigious National Preservation Honor Award from the National Trust for
Historic Preservation.
Our revitalization work in Argenta has served as a blueprint for other
development projects in the nearby fragile Holt Neighborhood in North
Little Rock. We began transforming the landscape there in 2001 at the
request or the Gardner United Methodist Church, a neighborhood church
that saw the challenges of crime and decayed housing facing Holt. After
more than 20 renovated and newly constructed homes and more on the
way, we are proud of this $2 million investment and the beginnings of a
reformed neighborhood_
In 1998 we expanded our scope of services and became a certified
NeighborWorksO America homeownership center. The Argenta
NeighborWorks® Home Ownership Center provides the full range of
services needed to purchase and maintain a home. Since its inception we
have had over to 3000 program graduates and referred more than
$40,400,000 in mortgage loans for closing to lenders.
Summer 2007 brought the launch a new home construction program,
Building Green. In partnership with the U.S. Green Building Council -
Arkansas Chapter, Argenla CDC has constructed four affordable homes
that conserve energy and natural resources, reduce indoor air pollution,
shrink utility bills and reduce home maintenance costs. Five more
affordable green homes are in the pipeline for construction.
In 2008 Argenta CDC earned Gold LEED -H& from the U G -B.C. for our
................. ...
sustainable building practices Our "green" homes were the first residential
structures in Arkansas to earn a LEED -HO designation. Launched as a
http:/ /www.argentacdc.org /about.shtmi 167 9/9/2{}10
Argenta CDC : Central Arkansas homes, Little Rock Real Estate Grants, Housing Assista... Page 3 of')
pilot program in 2005, LEER -H® is a green home ratings system with
rankings from certified to platinum that assures residents their homes are
designed and built to be energy and resource efficient and provide better
indoor air quality. All homes in the Building Green initiative are expected to
earn a LEER -H® certification.
Argenta CDC seeks ways to include residents, corporate and government
partners in our mission, We complement our core program areas by
forming and engaging citizen action committees, promoting areas
businesses, sponsoring events and Forums, and being a resource and
mentor for other organizations who share our goat of rebuilding
communities
About Us I Programs & Services 1 Building Green I News & Information ( Gel Involved I Contact
Copyright 0 2490 Argenta Community Development Corporation. All Flights
r
Reserved
http:/ /www.argentacdc.org /about.shtm1 168 9/9/2010
His Worship Ivan Court and
Members of Common Council
Your Worship and Councillors:
Subject: Creating more density in the City's Urban Core
In a recent Committee of the Whole meeting, it was suggested that 70% of future
growth and change should take place in "urban core opportunity areas" by "turning on"
urban opportunities. I believe this can be predominantly achieved through an infill
housing strategy which addresses the potential in vacant/derelict buildings and vacant
lots. l would like Council, however, to also consider two other options:
• Building Up: There are many opportunities to build condominiums /apartments
on top of already existing buildings. There are several "flat roofed" buildings in
our city's urban core. I would like our planning department to pursue and
encourage, where appropriate, development on top of existing buildings. For
example, I envision the construction of additional floors above the Prince Edward
Square mall and the Saint John Vineyard Church. We should "Build up" where
possible! These kinds of projects may require us to address related issues such
as allowing taller buildings in certain areas in order to create more density.
• Plan for projected vacancies: When we are able to project vacancies in
buildings, it's critical, where appropriate, to be proactive and encourage
residential development. A good example of this is the Family Court building on
Charlotte Street. These court rooms /offices will be moved to the Peel Plaza
area. I believe the City should be proactive and speak to the owner of this
building about the future potential uses of this building. I believe it would be a
great facility for condominiums/apartments. Perhaps the ground floor could be a
grocery store and /or some other business that would meet the needs of the
residents in the neighbournood.
Motion: Refer to the City Manager
Respectfully Submitted,
Councillor Snook
4)-..-
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
169
August 24, 2010
1 1 1 4
His Worship Ivan Court and
Members of Common Council
Your Worship and Councillors:
Subject: "Green Spaces in more Places" subcommittee
On August 4, 2010, Mr. Eric Teed wrote a letter to Common Council with regard to
community roof top food gardens and flower sites. For some time I have wanted to form
a committee to promote the creation of both roof top gardens and streetscape
beautification. I recommend that the Leisure Services Advisory Board form a
subcommittee called "Green spaces in more places." I would offer to serve as the chair.
An invitation should be given especially to interested members of already existing
community neighbourhood groups / organizations.
Potentially I would like to see the establishment of:
• A roof top garden in the Waterloo Village area in partnership with local nonprofit
organizations and businesses
• Flowers planted along Waterloo Street and the Lower West Side business district
• A community garden in East Saint John
• A community garden in the "Old North End"
Motion: Refer to the Leisure Services Advisory Committee
Respectfully Submitted,
Councillor Snook
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40
170
September 13, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
RE: UNBSJ
The new academic year has started and a significant number of new students are attracted to
our region by UNBSJ. With the participation of Council, Tucker Park has four major capital projects
under construction. The University has asked for City input to its strategic plan, which was provided.
UNBSJ students have been leading poverty reduction efforts in Crescent Valley. With help from many
people, including Council, UNBSJ seems to have emerged from the shadow of the 2007 crisis with strong
momentum.
Council's support for UNBSJ projects is paying off. Council should be prepared to sustain this
momentum, but needs an update. The new municipal plan should take this development into
consideration.
Motion: Council invite UNB Vice President - Saint John, Dr. Robert MacKinnon to provide an
open session presentation to Council on recent developments and the future of the campus.
After hearing from Dr. MacKinnon I would anticipate the following motion:
The City restate its support for UNBSJ and acknowledge the fact that it is a high priority for the
City's economic and social development. Further, that a letter be sent to the Provincial Government
supporting our University as a priority for the future of our City and region.
Respectfully submitted,
Chris Titus
Councillor
SAINT JOHN
----------- I
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintJohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
171
September 13, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Martinon Community Centre Green Space
Context: Within several planning meetings held between residents of this area and City Staff
during the winter months an issue of improvement was identified — that being the green space adjacent
to the Community Centre. Currently this space is in poor repair— old fencing / dilapidated baseball
backstop which could easily be enhanced. This green space has great potential to become a positive
green area for children and residents of the area.
Motion: That the City Manager report back to Council in one month's time with a short term and long
term plan for the enhancement of the green space area, adjacent to the Martinon Community Centre.
spectf s e ,
0
ter c uire
Councillor — City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1
172
The city of Saint John
September 10, 2010
Mayor Ivan Court
And Members of Common Council
Subject: Update on High Density Residential Development
Motion: That staff update Council with regards to the approved high density residential
development bordered by Tech Drive, Somerset St., and Rope Walk Road.
Respectfully Submitted,
(received via email)
Councillor Patty Higgins
(q)-.1
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 41-1 1 www.saingohn.ca C.P. 1971 Saint John, N. -B. Canada E21L 4L1
----------
173
The City of Saint John
September 10, 2010
Mayor Ivan Court
And Members of Common Council
Subject: Update on Development in Fieldstone Estates
Motion: That staff report to Council in two weeks with an update on development in Fieldstone
Estates.
Respectfully Submitted
(received via email)
Councillor Patty Higgins
44)-..
SAINT JOHN PO, Box 1971 Saint John, NB C.i:` dd E21-41-11 I wwwsaint ohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1
174
September 10, 2010
Mayor Ivan Court
and Members of Common Council
Subject: Rockwood Park Advisory Board
Motion: I request to be appointed to the Rockwood Park Advisory Board
immediately, in Councillor Killen's absence.
Respectfully Submitted,
(received via email)
Councillor Patty Higgins
(P4-
SAINT JOHN P.O. Box 1971 Saint John, NB Canada EZIL 4L1 I www.sain'john.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
----------
175
The city of Saint John
September 10, 2010
Mayor Ivan Court
And Members of Common Council
Subject: Thornborough Street Development
A developer came from Toronto last year and initiated a public consultation with one of our
North End communities. All were Impressed with the project, his forthrightness, and
professionalism. Council subsequently approved this large, impressive, quality medium and high
density development.
Motion: That staff report to Council in two weeks regarding the approved development on
Thornborough Street
Respectfully Submitted
(received via email)
Councillor Patty Higgins
(P4---
SAINT JOHN P.O. Box 1971 Saint John, NB Canada M.41 I wwwsaintiohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 41-1
176
q
9/9/2010
Your Worship Ivan Court
Members of Common Council
City of Saint John
Dear Mayor Court and Members of Council
Motion: The City of Saint John's appointed member(s) to the Canada Games foundation
be requested to make a presentation within two months time to Council to educate us as to:
• The purpose of the foundation
• The structure of the foundation including its board structure
• The process by which organizations might apply for funding
• The criteria used by the foundation to grant funding
• A list of recent recipients
• And
• Any other information our representative(s) believe Council should know
I have been involved with three different Saint John City Committees (Nominating, Leisure
Services Advisory Board, Canada Games Aquatic Centre Commission) that have had questions
with regards to the Canada Games Foundation. Specifically these committees have been
concerned with the process and criteria related to the granting of funds. By having our
appointee(s) report to us on these issues would certainly bring clarity to the issue.
Respectfully Submitted
Gary Sullivan
E4)-
SAINT JOHN
P.Q. Box 1971 Saint John, NB Canada EZL 40 1 www.saintjohn.ca I C.P. 1 971 Saint John, N. -B. Canada E7L 41-1
177
September 10, 2090
Mayor Ivan Court
and Members of Common Council
Subject: Update on High Density Residential Building on Teck Drive
Motion: That staff report to Council in two weeks regarding the approved high density residential
building proposed for Teck Drive.
Respectfully Submitted,
(received via email)
Councillor Patty Higgins
44)-"
SAINT JOHN P€ . Box 1971 Saint John, NB Canada E2L 4L1 I wvwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1
178
`i
REPORT TO COMMON COUNCIL
September 10, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Funding Request — Saint John Theatre Company
At the August 30, 2010 meeting of Common Council, a request was
received from the Saint John Theatre Company for a contribution of
$14,000 to help cover the cost of 3,000 free tickets to youth from across
Southern New Brunswick to attend a special matinee of Marco Polo: The
Musical, at Harbour Station.
According to the request, the Department of Canadian Heritage will be
contributing $54,700, and the Provincial Government, through RDC, has
agreed to contribute $20,000.
In the 2010 Budget, funding was set aside to deal with requests for which
specific submissions had not been received at budget time.
There are sufficient funds remaining in this budget should Council wish to
approve this request. It should be noted that this request represents more
than 25% of the funds remaining.
RECOMMENDATION:
It is recommended that this report be received and filed.
Respectf ily submitted,
Robert Simonds,
Acting Deputy City a ger
Gr6gory J. e�lmans, CGA, MBA
Commis er of Finance
179
T 7
The City of saint john
ja ,2
REPORT TO COMMON COUNCIL
M & C — 2010 -296
September 13, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
RE: Exhibition Association Recreation Facility
BACKGROUND
1
City of Saint John
In February of this year staff presented a report to Council in Committee of the Whole related to
discussions that had been taking place with the Exhibition Association regarding the possibility
of constructing a new building on the Exhibition Association's land in East Saint John that could
house an indoor playing field.
At that time Committee of the Whole directed staff to include provision for the costs associated
with preliminary design of the facility. This item was over - looked during the preparation of the
2010 Capital Budget and accordingly this report is being presented to request an addition to the
Budget.
ANALYSIS
Over the past year staff has been involved in discussions with representatives of the Exhibition
Association of the City & County of Saint John (Exhibition Association) regarding their plans to
construct a new exhibition facility in East Saint John. The reason for the City being involved
with these discussions is the Exhibition Association is considering the possibility of expanding
the size of the Facility so that it can accommodate a wit. variety of uses included the possibility
of an indoor sports field. This would be a very positive addition to our community's recreation
infrastructure and the location would be well suited for this use.
There were many questions to be addressed prior to a decision being made on the feasibility of
this type of facility. The Exhibition Association decided to proceed with a Call for Proposals to
engage a firm to carry out a feasibility study, site evaluation and preliminary design for the
Facility. As the possible inclusion of an indoor sports field will be of significant benefit to the
citizens of Saint John the City was been asked to contribute 50% of the cost of completion of this
work. The estimated total cost for this work is approximately $100,000.
180
On the basis of Committee of the Whole approval of this item the Exhibition Association
proceeded with the engagement of a firm to carry out the required work to complete a
preliminary design for the new exhibition/recreation facility. The work is proceeding along well
and a final report is expected by mid October. At that time the Exhibition Association will be in
a position to determine the viability of proceeding with the proposed facility.
At this point the City has committed to sharing of the costs of the study only, there has been no
commitment made to any capital costs associated with actual construction of the facility.
RECOMMENDATION
That Common Council agree to fund 50% of the costs associated with carrying out a site
evaluation and preliminary design of a combined exhibition/recreation facility to a maximum of
$50,000 and
That the 2010 Capital Budget be amended to reflect the addition of these costs.
Respectfully submitted,
And Lew P. Beckett M.A., C.A.
Deputy City Manager
J. Patrick Woods C.G.A
City Manager
181
S 1'n
the original tsty la ville ongmale
Sept. 9, 2010
Dear Your Worship and Common Council,
15 Market Square, PO Box 1971
Saint John, NB E2L 40
T: 506.647.3792
F. 506.632.6118
info @saintjohn225.com
www.saintjohn225.com
Twitter: saintjohn225
Earlier this year, as part of the Saint John 225 celebrations, we issued a nation -wide request for proposals from visual artists to
create a signature public art sculpture to commemorate our history and our people. We received 26 submissions and a seven -
person jury reviewed each of them. They selected Peter Powning's submission, entitled Shards of Time, as the Saint John 225
legacy piece.
You will find attached our report on those deliberations and a description of Mr. Powning's proposal, which includes a list of
team members from UNB Saint John and the New Brunswick Museum and a plan to engage the public in helping to create
the piece, which will be installed at the top of the harbour.
We ask Common Council to approve the Saint John 225 committee's recommendation to award RFP No. 2010- 993001P
respecting the purchase of a permanent installation of public art to Mr. Peter Powning of Markhamville, New Brunswick
respecting his proposal, entitled `Shards of Tune' and that the Mayor and Common Clerk to be authorized to execute, on the
City's behalf, the public art contract with Mr. Powning which forms part of the RF'P.
Respectfully Submitted,
Peter Buckland
Chair, Saint John 225
182
ki
t
sainfln 2
F
September 9, 2010
Report to Mayor Ivan Court and Members of Common Council
City of Saint John
The Passage in Time Public Art Project: As part of Saint John's 2251h anniversary celebrations and the
City's designation as a Cultural Capital of Canada for 2010, SaintJohn 225 is commissioning a signature piece
of public art to reflect and celebrate the many people who have lived at the confluence of the St. John and
Kennebecasis Rivers and the Bay of Fundy. "The Meeting Place" and "Le rassemblement" have been Saint
John 225's working titles for the public art, which will reflect the area's traditional role as a place where
people and cultures have gathered. The completed work will be installed within a defined triangular area
circumscribed by paths along Harbour Passage, just west of the Fort Latour site. In accordance with program
budget previously approved by Common Council, the successful artist's fee is $200,000.00, plus HST.
Request For Proposals - and Responses: After receiving the approval of Common Council, an RFP was
issued by the City on March 29, 2010. Artists from across Canada had until June 24th, 2010 to submit a
proposal for the creation and delivery of a permanent, piece of public artwork. As of the June 24 deadline, 26
submissions were received from artists located in six provinces across Canada. Three submissions arrived
past the deadline and were returned unopened to the submitting artists, in accordance with the RFP
provisions.
Public Art Selection Jury: Seven jurors agreed to serve on the Saint John 225 Public Art Jury. We wanted an
uneven number of jurors, in the event of disagreement not capable of resolution by consensus. The jurors for
both the initial review and short- listing of the 26 submissions (held on July 13, 2010) and the later review of
short- listed artists (held on August 31, 2010) are as follows:
Monica Adair - Architect and Artist, Saint John
Ned Bear - Sculptor, Fredericton
Gerald Beaulieu - Sculptor, Montague, PE
Terry Graff - Beaverbrook Art Gallery Curator, Fredericton
Sarah Jones - Artist and Art Historian, Saint John
Andre Lapointe - Sculptor, Visual Arts professor at l'Universite de Moncton, Dieppe
Peter Laroque - New Brunswick Museum Curator, Saint John
Jury Deliberations - and Recommendation: The jury met all day on July 13. Each juror had been provided
with a complete copy of the 26 submissions two weeks in advance of the meeting. A summary I prepared of
both the RFP criteria and the 26 submissions was also provided five days prior to the meeting, along with
some procedural suggestions and requests. At the meeting, after determination of any potential juror
conflicts, the RFP criteria were first reviewed, and each of the 26 submissions was presented in a summary
way. This was followed by a visit to the site by the jury. Following the site visit, the jury began its formal
deliberations. It initially reduced the acceptable submissions down from 26 to 12. Further discussions and
deliberations reduced the submissions further to three, then two - and the jury recommended shortlisting
only two submissions for further detailed response, as follows:
• Shards of Time - proposal of Powning Designs Ltd.; and
1
183
• Time Traveller - proposal of John Greer, Vanessa Paschakarnis and Leon Katsepontes on behalf of
MILIEUunderscore.
The jurors also recommended that a number of questions and clarifications be put to the shortlisted artists -
and that their responses (with maquettes and additional details) also include answers to these
questions /clarifications. Both artists supplied maquettes and responses to juror questions by the agreed
August 27 deadline.
The jury met again all day on August 31 to review the two shortlisted submissions referred to above. Each
juror had been provided with a complete copy of the two supplemental submissions (including answers to
the questions posed by the jury) in advance of the meeting, and hard copies at the meeting.
At the meeting, after determination of any potential juror conflicts, the RFP criteria were again reviewed with
the jurors. This was then followed by separate presentations by each of the shortlisted artists, a review of
their submitted maquettes and questions to the artists by the jurors and Saint John 225 Committee
representatives in attendance.
The jurors discussed all aspects of both submissions in considerable detail. After lengthy discussion, the
jurors were polled and it was agreed that the Powning proposal - Shards of Time - would be recommended
for acceptance by both the Saint John 225 Committee and Common Council.
Shards of Time: A description of the proposal of Powning Designs Ltd. (in the artist's own words) is set out
below.
This proposal is based on the immensely rich historical and archaeological heritage of the area as well as its
position along the harbour, where the river meets the bay and inhabitants have congregated over millennia. Our
concept is to use the form of an ancient artifact to represent the depth of time that humans have been present in
this vicinity - so- called 'Paleo- Indian" peoples inhabited these shores perhaps as long as 11,000 years ago, and
artifacts found near this site may date from that period.
We will use a fragmented, reconstructed vessel form (e.g. bowl shape) emerging from the ground like a
half - exposed archaeological find. The various shards of the partially reassembled vessel will include on their
surface actual impressions of objects from the material cultures of past inhabitants up to the modern era -from
stone tools to cell phones.
2
184
This concept allows us to produce an exciting contemporary sculpture that will act as a canvas for historical
material without being didactic or predictably representational. Encounters with this sculpture will allow in-
depth investigation of the "historical mulch" of human occupation, as viewers discover impressions of artifacts
including tools, domestic paraphernalia, shoes, clothing, crests, badges, coins, medals, a sextant, and fragments
of larger objects. These will be organized by historical period on various "shards." The shards will be placed
chronologically, in order to provide an historical narrative. Some shards will be missing, representing gaps in our
knowledge and understanding of the distant past. Many of the items represented in relief on the sculpture might
be found in the New Brunswick Museum.
A web site with a catalogue of the objects included and a bit of their history will be developed in
conjunction with this project. It will also include images of the process of making the sculpture from beginning
to end. This sculpture will present many varied educational opportunities. The sculpture represents the sweep of
human presence. It will itself be a meeting place, encompassing a space traversed by a footpath, where people
will have encounters with each other as well as with the sculpture and its wealth of detail. It will be a
destination, a locale ... a meeting place.
We also propose that there be an active community element in this project. We will be asking people to come
to us (perhaps at the NB Museum) with small historical artifacts that we can make impressions from, or sketch,
for inclusion in the fabric of the piece. Community involvement helps to foster community interest,
understanding, and acceptance of public art. It would make sense to precede installation of this piece with media
events emphasizing the participatory nature of the project, the derivation of its form, and its local historical
basis. This will be an accessible sculpture.
3
185
Request For Common Council Acceptance: The Saint John 225 Committee respectfully requests that the
Mayor and Common Council approve the Saint John 225 Public Art Jury's and the Saint John 225 Committee's
recommendation to proceed with Shards of Time, the submission from Powning Designs Ltd. The specific
resolution requested of Common Council is as follows:
RESOLVED that Common Council accept the recommendation of the SaintJohn 225 Public ArtJury and
the Saint John 225 Committee and award RFP No. 2010- 993001P respecting the purchase of a
permanent installation of public art to Powning Designs Ltd., Markhamville, New Brunswick respecting
its proposal and supplemental proposal entitled 'Shards of Time", and that the Mayor and Common
Clerk be authorized to execute, on the City's behalf, the `Public Art Contract" which forms part of RFP
No. 2010- 993001P with Powning Designs Ltd.
Respectfully submitted;
Michael Wennberg
Chair
Passage in Time Public Art Subcommittee
Saint John 225
186
M
f �
�har�l� of Time
187
N
188
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
Table of Contents
a
4-5
Proposal text
6-9
Sculpture images
10
Proposal images.
11
"In brief '& & NBM letter
12-13
Landscape plan
14-15
Response to jury questions
16
Lighting plan Greg Marquis CV.
17
Budget Jim Sackville, BDA CV.
18-21
"Historical Periodization and Material Culture"
Professor Greg Marquis
22-23
Peter Powning, bio, CV, Statement of Interest
24-25
Jake Powning CV
26-30
Team CVs
30
Reference list
i.s
Powning Designs Ltd.
610 Markhamville Road
Markhamville, New Brunswick
E4E 4113
www.powning.com
506- 433 -1188
peter @powning.com
189
I
rd
Meeting Place Sculpture
Powning Desi -,ns Ltd. PROPOSAL 2010-99'1001P — PnNic Art — Saint John 225
Shards f Time
This proposal is based on the immensely rich historical and archaeological heritage of the area as well as its
position along the harbour, where the river meets the bay and inhabitants have congregated over millennia.
Our concept is to use the form of an ancient artifact to represent the depth of time that humans have been pres-
ent in this vicinity — so- called "Paleo- Indian" peoples inhabited these shores perhaps as long as 11, 000 years
ago, and artifacts found near this site may date from that period. We will use a fragmented, reconstructed vessel
form (e.g. bowl shape) emerging from the ground like a half - exposed archaeological find. The various shards
of the partially reassembled vessel will include on their surface actual impressions of objects from the material
cultures of past inhabitants up to the modern era — from stone tools to cell phones.
This concept allows us to produce an exciting contemporary sculpture that will act as a canvas for historical
material without being didactic or predictably representational. Encounters with this sculpture will allow in-
depth investigation of the "historical mulch" of human occupation, as viewers discover impressions of artifacts
including tools, domestic paraphernalia, shoes, clothing, crests, badges, coins, medals, a sextant, and fragments
of larger objects. These will be organized by historical period on various "shards." The shards will be placed
chronologically, in order to provide an historical narrative. Some shards will be missing, representing gaps in
our knowledge and understanding of the distant past. Many of the items represented in relief on the sculpture
might be found in the New Brunswick Museum. A web site with a catalogue of the objects included and a bit
of their history will be developed in conjunction with this project. It will also include images of the process of
making the sculpture from beginning to end. This sculpture will present many varied educational opportunities.
The sculpture represents the sweep of human presence. It will itself be a meeting place, encompassing a space
traversed by a footpath, where people will have encounters with each other as well as with the sculpture and its
wealth of detail. It will be a destination, a locale ... a meeting place.
We also propose that there be an active community element in this project. We will be asking people to come to
us (perhaps at the NB Museum) with small historical artifacts that we can make impressions from, or sketch, for
inclusion in the fabric of the piece. Community involvement helps to foster community interest, understanding,
and acceptance of public art. It would make sense to precede installation of this piece with media events empha-
sizing the participatory nature of the project, the derivation of its form, and its local historical basis. This will be
an accessible sculpture.
This proposal relies on a team approach using the talents of quite a number of highly qualified individuals and
the services of local companies. We are excited about the potential this project presents. This concept is meant
to pay tribute to all who went before us in a comprehensible and meaningful way.
P.�
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,o
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r
L�
Late Maritime Culture Artifacts
The pottery vessel on the left is an example of the dentate stamped
decorated pottery characteristic of the northern pottery tradition
in Late Maritime culture. The two peaks along the rim of the ves-
sel are called castellations and are a common decorative feature
not found in the southern pottery tradition. The pottery vessel was
adapted from McIntosh (1909). In the centre of the Figure is a typi-
cal chipped stone projectile point while to the right is a unilaterally
barbed bone harpoon with line or rivet attachment hole.
(Drawings by Mr. David W. Laverie.)
.11
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
Shards f Time
Materials: Pigmented and stained concrete, stainless steel reinforcing matrix, cast bronze. All are
proven materials for outdoor sculpture.
Maintenance: Water and a soft brush can be used to wash off accumulated dust, salt spray, bird waste,
etc. The surface will be sealed. Graffiti will be removable without damaging the sculpture.
Size: Roughly 12' diameter x 16' wide x 10' tall.
Estimated weight: 6 tons. An engineered foundation suitable to the soil types and site will easily handle
this load.
Installation: It would be our intention to prefabricate bronze and steel elements at our studio in
Markhamville to be assembled and finished on site.
Site: The proposed positioning of the sculpture within the area specified by the RFP site plan was done
in consultation with Basic Design Associates.
Timing: We feel it would be unrealistic to expect a sculpture of this scale to be completed in 2010.
There will be considerable research and time required to produce the sculpture. While we are flexible
regarding the installation date we think that July 2011 is a reasonable time frame.
Cost: We would produce the proposed sculpture within the $200,000 budget including footings, engi-
neering, fabrication, delivery and installation. HST would be on top of that.
This sculpture will be made in New Brunswick using New Brunswick know -how, labour and materials.
All fabrication will be done in New Brunswick including bronze casting, steel matrix fabrication, and
bronze casting.
Our team presents a wide range of experience and talents, particularly suited for producing an exciting
contemporary sculpture with a rich narrative that will engage the public.
Peter Powning RCA — artist.
Jake Powning — artist, designer, carver.
Consultants:
Historical research: Greg Marquis PhD., UNBSJ
Archaeological consultants: David Black PhD., UNB Fredericton; Susan Blair, associate professor UNB
Landscape design: Basic Design Associates, Larry Stewart.
Lighting Design: Luis Rocha, Lightstudio Architectural Lighting,
Engineering:
Structural: Dan Estabrooks, Estabrooks Engineering (engineering of reinforcing frame and foundation).
Concrete: G. Ross Whitcomb P. Eng., Hugo Bursich, Senior Concrete Technologist, Conquest Engineer-
ing (concrete formulation and testing)
Please see attached CVs and company profiles pages 26 - 30.
above: Sample of cast bronze "historical mulch ".
This method allows us to incorporate a wide range
of historical artifacts. Different "shards" in the
sculptural vessel will each cover an historical pe-
riod. This technique can render quite detailed repro-
ductions of objects (coins for example). It also can
incorporate symbolically the overlapping and inter-
mingling of cultures.
111ittorical pottery shards
5
Powning Designs Ltd.
�4
PROPOSAL 2010- 993001P — Public Art — Saint John 225
192
71, f 1,
I
u
fj!
Shards of Time
10' highest point
based on 12' diameter
18' at its widest point
Cast bronze, pigmented and stained concrete.
Stone dust and stone landscaping.
cast
�•s
fi
r
-s
..4 �_. V -
-w.
:e "historical mulch" using common objet
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
193
I
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
r -fs
194
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 9
195'
Shards of Time
10' highest point
based on 12' diameter
18' at its widest point
Cast bronze, pigmented and
stained concrete.
Stone dust and stone landscaping.
10
Mock up of sample web page.
HOME
MAKING THE SCULPTURE
ABOUT THE SCULPTURE
ARTIFACT CATALOGUE
THE ARTISTS
THE TEAM
RESOURCES
DISCUSSION
Powning Designs Ltd. PROPO ,
Sham; of T'lre
y T
1. Silver spoon, circa 1896. Typical family silver of merchant family. NB Museum collection.
2. Horseshoe, late 1800s. Handforged from preformed blank, an advancement over forging from
straight bar. This is a size that would have been on a riding horse or small carriage horse. In
the late 1800s the streets would have been full of horse drawn conveyances and the sounds and
smells in town would have been quite different than now. Offered for use by Mrs. Kay Little.
3. "C" Clamp,
4. Brush, probably imported from China by a a sailor, late 1800s. Sailors from the area travelled
the world on ships that sailed from Saint John. They were probably a good deal more wordly
than we might think.
5. Nut. An early example of a machined nut. 1890s.
6. Wooden hot plate. This was of local manufacture by the Hortense B Goode Woodworking Co.
7. Stilson wrench. Not only did the Stilson's make fine cheese but in reaction to the great cheese
crash of 1877, brought on by blockades during the US Civil war, Kipling Maddox Stilton the
3rd who immigrated to Saint John in 1873 started a tool manufactury to produce a range of hand
tools that were difficult to import from England during this period.
196
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
In Brief:
Shards of Time:
• is a team effort using the talents and expertise of many people working together to produce a signifi-
cant public sculpture that evokes the historical importance of the area.
• involves the community in the process.
• engages the public in experiencing and exploring the texture of local history through art.
• presents rich educational opportunities.
• will use local resources.
• is the creative effort of a multi - generational collaboration.
• is an original concept combining contemporary art practice with historical context.
• explores history through material culture.
• will, through its companion web site, provide layers of information, context and meaning.
• will be thoroughly documented. Images and information of the making of the sculpture will form
a section of the web site. This will include bronze pouring, model making, steel fabrication, research
notes, public meetings, press coverage etc. We will include a discussion area where questions and
answers will be posted on the site as a means of further engaging the public and as an educational
resource for students.
will be perfectly comprehensible and powerful as a direct experience without recourse to the web
site. The web site will simply add depth of information for those interested.
NEw BRUN-MCK MUSEUM
�lt'SEE Du NToL'VFAv -BRU1+ SUCK
August 23, 2014
To Whom it May Concern,
On behalf of the New Brunswick Museum (NBM), 1 would like to express the NBM's interest in
the "Meeting Place Sculpture" proposal by Peter Powning. As you know, the NBM is the
provincial museum, responsible for the understanding, preservation and interpretation of the
natural and human heritage of the province of New Brunswick. During the past several years,
the NBM has participated in several opportunities to interpret stories and pieces from the NBM's
collection in innovative new ways. Projects such as "Art and Artifacts ", the recent exhibition of
work by Colin Lyons and the upcoming exhibition of work by Janice Wright Cheney all provide
opportunities for artists to work with pieces of New Brunswick's heritage, creating new ways to
experience and understand these stories.
Peter Powning's proposal is a continuation and expansion of these types of activities. The NBM
would be pleased to work with the artist to provide access to the NBM's collections and stories.
Based on mutually agreeable schedules, the NBM Exhibition Centre at Market Square would
also be available as a venue for consultations by the project historian and researchers.
If you have any questions about the NBM's participation in this project, please contact me at:
y _ mrib.ca.
506 -643 -2345 orb email at: iane.fullerton(c1) hn� -zYa
I wish you well in your deliberations.
Sincerely,
Jane Fullerton
CEO
277 Douglas Avenue, Saint john, New Brunswick, Canada E2K I ES 1 277, avenue Douglas, Saint John (Nouveau - Brunswick) Canada E2K I ES
197 Tel. 5061 643 2300 Fax (50(1 643 2360 T61. (506) 643 7300 T616cooie (5061643 2360
11
12
NOTES:
GRASS
EXISTING
WILD FLOWER PLANTING O WALKWAY
Zoo
+ + + + 5c 20.
+ + + + IIIIIIIIIIIIIIIII
+ + O PuGJ
+ + + + + + + + + EXISTING o
+ + + + + + + + + + BENCH
+ + + + + + + + + + + + + + .gyp
+ �/� + + + + + + +
EXISTING RN � \NE + + + + + + + ++ + + + + + + + + ++
BENCH + + + + + + + +
O+ + + + ++ + SCULPTURE' + + + + + + ++
+ + + + + STONEDUST
+ + + +
DATE REVISION
+ ++ BDA
0
� � ia- fdGotr* Arckiffttr ■■■
EXISTING WALKWAY O 1
O
O O 828 Main Street Sussex, New Brunswick RE 2M5
Sussex: 506.433.5821 — Moncton: 506.853.3083 — Fax: 433.6755
Email:info ®bdaltd.co Website:www.bdoltd.ca
RANDOM FLAG O RANDOM FLAG
STONE PATH �ti. STONEDUST STONE PATH Project No. 2575
SHARDS OF TIME
SAINT JOHN, NB
LARGE STONE SEATING
(450mm HTt)
EXISTING WALKWAY
198
Drawing
PRELIMINARY
LAYOUT PLAN
Scale 1 :100
Date AUGUST 20, 2010
Dwg No.
PL-1
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
The landscape plan places "Shards of Time" as if it were an intriguing artifact emerging from the ground at an archaeological site,
perhaps partially restored. The site plan will provide ample room for public contemplation. The ground will be surfaced with stone
dust; a fine gravel that compacts well and is very low maintenance. It accommodates foot traffic without wear or damage, has an
appealling texture and colour, and is locally available. The sculpture grounds will be transversed by a random flagstone path us-
ing large stones embedded in the stone dust. We propose using two large natural boulders, positioned as shown, for seating and to
enhance the site.
I have included in my budget the cost for the architectural plan and oversight, materials, and labour for the stone dust. It is my hope
that the city of Saint John will provide the planting and stones. The sculpture will be fine without them but we think the site will be
improved by their inclusion.
I will oversee selection and placement of the stone.
WALKWAY
NOTES:
4g To,
WILD FLOWER PLANTING —
_k JEAFDATE REVISION
i f
BOA
o
141cal�,e AYckifft* omm
k ,
EXISTING WALKWAY SCULPoTURE Q 828 W. . s BM.k ec zu
�O Mz, . M�M
rte:
C7:0 maiiMOOEEOIN.<u wmxa....mxrta.x
O j Q Off' Project No. 2575
RANDOM FLAG ,b STONE'11 . / O
STONE PATH
SHARDS OF TIME
SAINT JOHN, NS
LARGE STONE SEATING.
(450mm HTt) Dr—ng
EXI AY
1
PRELIMINARY
LAYOUT PLAN
Sc°le 1:200
NORTH Me AUGUST 20, 2010
Dwg Na.
- PL -2
199
Illustration of stainless steel rebar frame.
EDA m■■
�A,t--Pfjc� e Arckittcfj
929 Main Strew Su58eas INS E4E 2M5
0 H r1 a d a
Shards of Time
Preliminary Costing
August 20, 2010
Site Work
Schedule of Unit Prices
O
13
Item No.
Description
Unit
Quantity
Unit Cost
Extended Price
1
Stonedust Surfacing
sq. M
150
$30.00
$4,500.00
2
Random Flagstone Path
sq. m
20
$175.00
$3,500.00
3
Large Stone Seating
each
2
$2,000.00
$4,000.00
4
Wild Flower Planting
each
120
$20.00
$2,400.00
Subtotal
$14,400.00
20% Contingency
$2,880.00
13% HST
$2,246.40
Total
$19,526.40
14 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
Attachment 1
Shards of Time — Powning Designs Ltd. Proposal Questions from jury.
• Will staining occur on the work or on its base as a result of the natural rusting of corten steel? If
staining is not intended, explain the steps to be taken to ameliorate this issue.
No. We will be using stainless steel for the frame and reinforcing mesh.
• Will any part of the work be climbable? Specifically, will objects embedded in the work create
climbing hazards?
Almost any public object can be climbed by a determined climber. Think of any of John Hooper's public sculp-
tures. Time Peace is a good example. I don't think "Shards of Time" will invite climbing and the bronze "mulch
of history" shards should not present a climbing hazard. They are in light relief. Climbing shouldn't be an issue
as far as damage to the sculpture is concerned.
• Will water collect in areas of the work (exterior or interior) and — if so — how will the work be
affected by freezing and thawing conditions?
The sculpture is essentially vertical with a rim and openings where "shards" are missing. The concrete will be a
dense, impervious matrix that will be sealed. The site will be graded for drainage so water should not collect on
the ground. The landscape architect will ensure proper drainage design.
• How will the structural integrity of the precast concrete, with corten steel reinforcing matrix, be
affected by imbedded bronze casting — including any results of natural freeze -thaw action?
As mentioned earlier we have decided to use stainless steel reinforcing. The bronze castings will be attached to
the stainless steel frame. They will be isolated from the concrete with a flexible membrane used in the building
industry to accommodate expansion and contraction differentials. This will be specified by the structural engi-
neer.
• How easily will graffiti, paint, etc. be removable from any area of the work, particularly uneven
surfaces and those areas with embedded objects?
We will be consulting with Ross Whitcomb, Conquest Engineering, regarding cement mixes, colouring, testing,
sealing and coating recommendations. There are a number of "anti- graffiti" coatings available on the market
that claim to make paint and other substances easily removable from concrete. The concrete will be pigmented
throughout. That means that even if someone were to chip a piece off the surface with a hammer, the interior
will be coloured. The surface will have added colours using stains that chemically combine with the cement.
Paint removers would not affect these colours. Although unlikely, if patching were to be required it would be
easy to do and blend.
The surface of this sculpture will be a complex, textured surface with an aged multi - coloured appearance. Any
remnants of paint or dirt remaining after normal cleaning will add to the patina of time. This sculpture is not
meant to have a "pristine" appearance but that of an ancient object dug up from the earth.
• Please explain how the work would be repaired if damaged.
I'd like to stress that it will take considerable effort and tools to damage this sculpture. However if damaged it
can be repaired.
200
One of the advantages of cement is the ease of repair. The varied texture and colour of the surface will make
colouring and blending of any repaired areas simple. The bronze can't really be damaged although the surface
could be marred. Bronze surface refinishing is also easily accomplished. I expect as a result of repeated touch-
ing and rubbing that areas of the bronze will take on a "hand patina" like the nose on a bronze lion outside of a
public building. I see this as desirable.
• Will colours in the work fade over time and — if so — how and over what time frame?
The manufacturers of the pigments and stains that will be used to colour this sculpture claim that the colours
will not fade. In discussing this with people who deal with pigmented concrete in construction, I have been
assured that this is the case. I have spoken with architects and precast companies that I am consulting with on
other projects. Conquest Engineering will be specifying colour -fast pigments and stains.
• Please provide any specific concerns you have about placement of the work within the area outlined
in the site plan attached to the RFP.
We have thoroughly reviewed placement with Basic Design Associates, our landscaping consultant, and while
I am flexible about placement and orientation, we feel that we have come up with a good placement plan (see
images).
• Please provide any needed or useful elaboration on the maintenance schedule for the work (including
pathways and landscaping).
The manufacturers of the sealer and coatings have various recommendations about periodic maintenance of the
coatings. Since what we'll be using will only be determined once the consulting engineering company (Con-
quest Engineering) is engaged, this schedule will be established at a future date. It seems likely that periodic
hosing down to remove surface dirt will be sufficient (probably twice a year). Refurbishing protective coatings
looks like it is recommended every 5 years or so. The following is one example:
ND GRAFFITI SHIELD TM
Water Based Sealer & Finish
MAIN BENEFITS:
Available in Glossy and in Satin /Matte Version
Prevents Graffiti Damage to Sealed Surfaces
Can be Installed on Almost Any Surface or Object
Very Low VOC: Only 16.2 g11 per California VOC Regulations
Exceptional Durability and Resistance To Staining
Does Not Attract Soils and Dust
Water Based: Very Low Odor, Easy Cleanup
Warranted For 5 years
Please see landscaping plan for maintenance details.
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 15
• Is there intended to be a didactic panel or label? If so, please describe it and explain how it relates to
and affects the work.
We have decided that a dedicated web site would be the best approach to this. The URL for the web site would be
clearly marked on an accompanying bronze plaque. The web site will contain a wealth of information about the
sculpture, the artifacts included, a time line, historical information as well as images of the fabrication of the sculp-
ture. I urge you to have a look at Jake's site. He will be in charge of site design and layout. A sample of his step -by-
step tutorials can be seen at http:// www. powning. com /jake /commish/progress2.shtml. It will be a strong adjunct to
the sculpture and it's concept. Smart-phone users will have access to the information at the site, others on their home
computers or publicly accessible computers. That being said, we think the sculpture will be perfectly comprehensible
and powerful as a direct experience without recourse to the web site. The web site will simply add depth of informa-
tion for those interested.
• Whether or not there is any panel, how would the "catalogue of objects" for the work be presented?
How would this didactic component relate to the overall work itself?
As mentioned above, the catalogue of objects and ancillary information will be available on the web site. The web
site opens up many possibilities. It will have links to more historical information, it could add school projects based
on the sculpture as further resource information. The beauty of a web site is that it can grow and evolve as time goes
on. We will design and build the web site. We think it will be a good fit for the NB Museum or the City of Saint
John. Site maintenance will be a matter for discussion and negotiation. At the very least Powning Designs would host
the site as a part of our site.
• In the context of the different cultural histories in the area of the site, as described in the RFP, please de-
scribe the steps to be taken, and the consultations involved, to reflect those histories in the work.
I will be working with Greg Marquis, UNBSJ and David Black and Susan Blair UNB Fredericton as consultants on
the history and prehistory of the site to identify suitable objects and artifacts to represent eras and special events, as
well as the range of peoples who have frequented or passed through this meeting place to bring it alive. They are
enthusiastic about this project. They are very experienced in their respective fields (history and archaeology).
We will begin right away to define what period each shard will cover and then identify appropriate artifacts or objects
that would best portray that time. As artifacts are identified a list will be compiled with possible sources for the actual
artifact, or a reasonable reproduction or casting of the object. We can also use images from which we will model a
replica to use in lieu of an impression from the original. The collected impressions and replicas will be organized by
"shard ". As each shard accrues sufficient objects I will make the impressions for that shard, create a plaster master
pattern from it to produce a mold for bronze casting.
We will also be looking for public input for objects to include impressions from. We intend to have a day or two for
members of the public to bring items to us to consider for inclusion. These can be from any era.
Each shard will have a somewhat different feeling but all will use the technique I'm calling the "mulch of history,"
intended to evoke an archaeological starta as found at a dig. One of the aspects of this approach that appelas to me is
that there is a lot of room for discovery and creative development as the process goes along. We think this is an in-
novative, inclusive approach to a public artwork.
Please see the attached report by Greg Marquis (pp. 18 -21) that forms a starting point for identifying historical peri-
ods and events, mainly for the "historical period ". David Black and Susan Blair will be providing an analysis of the
pre - historical period. Professor Black and I agree that we must identify and select pre - historical artifacts in consulta-
tion with appropriate first nations representatives such as MACA (Maliseet Advisory Committee on Archaeology).
He feels confident that this can be done respectfully and efficiently. 201
• Please provide a reasonably detailed time line (including a description of the necessary steps) for
completion of all aspects of your proposal, including all aspects of public consultation, public sharing
of artifacts, etc. - to and including final installation.
Time line
October, 2010
Most materials will be ordered at this point.
I have quotations for the materials that will be used in this sculpture. It is my practice to order the materials at
the beginning of the process to ensure that we don't get caught by price increases as time goes on.
Digital scanning and 3D drawings of the model.
Structural engineering will be started by Estabrooks Engineering.
October - April
Determination of appropriate objects, and artifacts will be ongoing from October through April. During this
time we will be researching and taking impressions of artifacts to be included, making reproductions of artifacts
too fragile to use directly, and finding or producing suitable reproductions of objects or artifacts for use in the
bronzes. They will be categorized by era, which will be determined with our consultants.
We will also be keeping records (text and images) of the objects that will be included. These records, as well as
technical processes (carving, bronze pouring, mold making etc.) will be used as the basis for a web site that we
propose in support of this project. The site will be available to the general public on -line. We expect that either
the city of Saint John, or the NB Museum will be interested in hosting this site or in linking to it. As an alterna-
tive it could be appended to the extensive Powning Designs site. We propose that the site address be listed on a
bronze plaque at the sculpture site that will also include the sculpture name and artist's names.
January - February
We will hold one or more public events. People will be invited to bring in artifacts that might be appropriate to
use in the sculpture. We will take impressions and photographs of the objects at that time. A likely venue for this
will be the NB Museum.
March - June
We will cast bronzes from the accumulated impressions.
We will construct the sculpture frame.
Concrete formulations and colouration will be tested by Conquest engineering.
Engineered foundation will be poured on site.
July
Frame will be installed with attached bronze "shards" ready for application of cement.
Cement will be applied /poured.
Surface will be finished, stained, and sealed.
Any in- ground lighting will be installed.
Landscaping will be the final step in the process, overseen by Basic Design Associates Ltd.
VISUAL INTEGRATION OF THE SCULPTURE INTO THE SITE
NEW ARCHITECTURAL IN GROUND FIXTURES ILLUMINATE FACADES
OF SCULPTURE .
PAR Metal Halide
Ins Mho 7—
SHAKOS OF TIME
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LIGHTING CONCEPTS ����TO �a ON
ARCHITECTURAL LIGHTSTANDARDS GMADA LFLAH
202 TEL 414 31$ -,Wl 0 LD41A
Powning Designs Ltd. PROPOSAL 2010- 993001P - Public Art - Saint John 225 17
• Your budget does not refer to lighting. Please describe lighting requirements, expected costs and
proposed location(s) for lighting.
In the many public commissions that I've done, none have required lighting to be included in the sculpture bud-
get. I have often consulted with a lighting designer to provide appropriate lighting for my work at the client's
expense. The lighting for BOLT at SJ Energy was provided by SJ Energy, the same is true for all of the other
public commissions I have done.
I have included the cost of the lighting consultant in my budget, but not the cost of fixtures or installation. Light-
ing is not integral to the sculpture. No lighting parameters were provided by the RFP. The lighting plan included
here would be quite suitable for Shards of Time. I'd like to avoid any more lamp standards near the sculpture.
Luis Rocha estimates that the lamps will run about $2,200 each installed. There eight lamps in his lighting plan.
203
• Please provide a more detailed budget for the stated $200,000 (plus HST) expenditure.
Cement:
Winterstone 200 bags @ $46/ bag (33 #) 221 bags $ 12,000
Mixer $ 1,000
Pump rental $ 2,000
Concrete engineering and testing $ 3,000
Stains and pigments and coatings $ 7,000
1 gal stain /200- 400ft2
3 -5# pigment/ 100 #cement @ $5 /lb
Bronze membrane $ 1,000
Frame /reinforcing.
Stainless steel 16mm SS 316 2,000' .375 d x $1.50 /ft $ 3,000
Ferrier wire 1/" ss mesh 700 ft2 @$3.44 ft2 $ 3,000
Frame fabrication. $ 12,000
Foundation
$ 10,000
Engineering - structural
$
3,000
Transportation and cranes
$
3,000
Bronze casting.
Assuming a band of bronze .75" thick x 18" x 80'
13,000 in3 x .3# /in3 = 4,000 # bronze x $6/#
$
24,000
sand 40 molds, 2 bags/ mold @ $81bag
$
1,000
Binder and catalyst
$
1,000
Propane
$
3,000
Crucibles
$
500
Immersion pyrometer
$
1,000
Hired labour bronze
$
11,000
Hired labour cement
$
10,000
Clay for impressions 19 boxes
$
1,000
Plaster for impression patterns and supplies
$
1,000
Landscape design
$
2,000
Landscaping
$
5,000
Lighting design
$
1,500
Consulting re: history for objects and time lines
$
3,000
Web site development
5,000
Sub Total $130,000
Contingencies @ 15% $ 19,500
Artist labour, fees and studio overhead. $50,500
Total $200,000 plus HST
18 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
Shards of Time
Historical Periodization and Material Culture: Fort LaTour /Portland Point Area
Prepared by Professor Greg Marquis, Department of History and Politics, University of New Brunswick, Saint
John for Powning Designs Ltd.
August 15, 2010
Geographic orientation:
Portland Point, an unassuming area, is centrally located along the Harbour Passage pedestrian trail, on the north
side of Saint John harbour. This historic site has been very much a crossroads or meeting grounds for people for
thousands of years, primarily because of its strategic location at the junction of the Saint John River and the Bay
of Fundy.
On overview of the human uses of the Portland Point area is useful in helping us understand the history of not
only that site and its surrounding area, but also Saint John in general.
Early Period:
Archaeological knowledge of the Saint John area is lacking. Why?
1. Many camp sites, etc., were on the coast and the water levels in the Bay of Fundy and Saint John River
have risen over the centuries, hiding evidence of prior human occupation.
2. Acidic soils of the New Brunswick hasten deterioration of carbon -based artifacts.
3. Much of coastal Saint John has been altered by human activity- port development, housing, roads, rail-
ways, harbour bridge, warehouses, industry, etc.
4. Lack of funding for archaeological studies.
Oldest archaeology finds for Saint John area- 4000 -5000 years Before Present (BP)?
The 1950s excavations by the NB Museum at Portland Point at the mid 1600s Fort LaTour area, revealed evi-
dence of the trading post (French 1630 -54; English 1650s -late 1660s ?] as well as a `copper kettle burial site'
that was, in the 1950s, labeled as Mi'kmaq.
An early 1970s archaeology survey of Saint John lamented that the area had been neglected by public archaeol-
ogy.
In the 1990s, a report was carried out for the area along Chesley Drive where the Bentley Crossing townhouses
were later built.
Recently, a report was prepared on the sloping ground between the NB Museum on Douglas Avenue and Marble
Cove.
204
The so- called Paleo- Indian culture was present in the Maritimes c. 10,000 years BP.
It is associated with Debert, NS, and Debert Point projectile points. We are not sure if
any spear or arrow points this old have been found in the Saint John area, but they were
fashioned and used by cultures from New England to Nova Scotia.
W I
The later `prehistoric' era included the Maritime Archaic era, c. 9000 -6000 years BP.
The Native peoples in this era also hunted sea mammals with harpoons equipped with toggles. The
Maritime Archaic culture lasted into the period 6000 -3500 years BP, with further evidence of toggling
harpoons made of bone.
First Nations:
The mouth of the Saint John River tends to be identified as part of the traditional territory of the Maliseet
or Wolastoqiyik (Wolastoqiyik organizations, Provincial government heritage and tourism resources;
most ethno historians).
Note: NB Museum has hundreds of artifacts of the Wolastoqiyik: [see virtual gallery,
http: // website. nbm- mnb.ca/ Koluskap /English/Gallery /index.php]
There is some evidence that the early Mi'kmaq and the nearby Passamaquoddy also frequented the Saint
John area in the past. Both the Wolastoqiyik and Mi'kmaq cultures have oral tradition stories of Glo-
oscap/Koluskap with links to geographic points in the Saint John area. They were all members of the
Wabanaki, a larger cultural entity that included the peoples of both Maine and New Brunswick.
Specific First Nations uses of the Portland Point area in the pre- Contact period (prior to 1600) are un-
known, but its geographic position would have made it central to their activities on and near Saint John
harbour. To the west and north were coves such as Marble Cove and the portage that avoided the Revers-
ing Falls rapids. To the south was a fishing island, later called Navy Island, where the French encountered
a native village or encampment in 1604. Beyond that was west Saint John with access to coastal areas
such as the Saint's Rest marsh. To the immediate east were wetlands now known as the Marsh Creek
watershed, which provided communications to territories to the east such as Chignecto, Shediac and
Miramichi. Natives either living in or visiting Saint John would have hunted, fished, harvested shellfish,
eggs and plants and other items, and engaged in trade, feasting and other social activities. There also
would have been activities relating to spirituality and war.
Material culture:
Traditional First Nations items such as tools; fish hooks; scrapers; arrow and spear heads and other weap-
ons, toys; clothing; pre- European trade items [Labradorite, silica from the Arctic, shells collected for
trade with inland tribes]; discarded materials [shell middens] and other evidence of settlement /camping
activity such as fire rings, tent and lodge pole holes, and possibly grave sites and goods.
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
European Contact
The 1500s:
It is possible that the Vikings who briefly settled in northern Newfoundland c. 1000 BP also explored the wa-
ters of New Brunswick, but no physical evidence supports this theory. Jacques Cartier wrote of his voyage to
the shores of northeastern New Brunswick in 1534. Prior to this it is very likely that Basque, Portugese, French
and possibly English fishing vessels were frequenting the Bay of Fundy /Gulf of Maine on a seasonal basis. No
detailed accounts of such voyages exist, but most historians agree that a casual fur trade developed with coastal
peoples in the 1500s. There is also evidence of violence, suspicion and mistrust and even the kidnapping of
coastal native peoples by the Europeans. European trade goods, such as knives, metal pots, etc., would have
started to infiltrate Native culture well before official exploration and settlement.
French Period:
In 1604 the DeMonts- Champlain expedition encountered a fortified Native community on the island south of
Portland Point; it was described in some detail by Marc Lescarbot in his early book on Acadia, and an engraver
depicted the settlement on Champlain 1613 chart of Saint John harbour. Lescarbot recorded that "Ouigoudi' was
a settlement of the "Etchemin," [an early French term for the Maliseet]. Champlain's writings were silent on the
tribal identity. These early records indicate that Natives from as far away as the Gaspe and Nova Scotia were
present in the area, preparing to journey down the coast of Maine to take part in fur trade - related warfare.
Eventually the seasonal fur trade was followed by a more permanent European presence. At Saint John there
was little in the way of actual settlement; Fort LaTour under Charles LaTour and his successors was a trading
base designed to tap the fur trade of the interior of New Brunswick. There are no surviving plans or drawings,
so the `look' of the fort 1630 -54 can only be guessed at. Some archaeology has been carried out on the site. A
grave site discovered in the 1950s suggested a Native presence contemporary with the French occupation, and
the documentary evidence for the rest of the 1600s and early to mid 1700s suggests that Wolastoqiyik, Mi'kmaq
and Passamaquoddy were in the area engaging in trade first with the French, and later the British (1750s -). In
the period 1655 to 1670, the trading post at Saint John was controlled by New Englanders. Beaver pelts were in
high demand but the Natives also traded moose and other skins. The infamous attack by Chamisay on Fort la-
Tour in 1645, resulting in the killing of its garrison and the death of LaTour's spouse Marie, was the single most
violent military event in Saint John's history.
Material culture-
Everyday 17th century European tools; household debris; items from the fur trade; remains of domesticated
animals; fish hooks; musket balls; musket ball molds; tin ware; powder horns; small cannon; parts of wheel -
lock or flintlock muskets; knives; buttons; cutlasses, pistols; pike heads; crockery; coins; door hinges and other
artifacts from the fort and its buildings.
Ile
I.
205
There were few Acadian `settlers' in the Saint John area. In the 1690s, the French made feeble attempts to fortify
Saint John, but their commander, Villebon, retired to the junction of the Nashwaak and Saint John rivers, near
Fredericton, where with the help of Native allies he built a base. In 1710 Port Royal, across the Bay of Fundy
from Saint John, was permanently occupied by the British, which changed the dynamics at Saint John. The
French had a sporadic presence in the area until the 1750s, when the British captured Fort Beausejour and even-
tually Louisbourg. By the late 1750s they had occupied the mouth of the Saint John, although their base, Fort
Frederick (1758) was located on the west side of the harbour, directly across from Portland Point. New England
troops also operated out of Saint John, especially against Acadian refugees and settler in the Saint John valley
below Fredericton.
Material culture:
Items relating mainly to the French fur trade, military, missionary activity on the Saint John River; trade goods
demanded by the First Nations
Early British/American Presence
In the 1760s, James and Richard Simonds arrived from Massachusetts and were granted land at Saint John,
now part of the British colony of Nova Scotia. Their business enterprise was soon known as Simonds, Hazen
and White. A residence, store, warehouse and other buildings were erected at Portland Point and the New Eng-
landers recruited workers to take part in the fur trade; engage in a commercial fishery; burn lime; cut trees and
saw lumber; cut marsh hay; raise livestock and even construct a schooner in 1769. The vessel carried lime, fish
and lumber to Boston. Other vessels were added to the fleet, making Portland Point one of the first shipbuilding
centres in New Brunswick. In time the workers brought their wives with them and raised families. This was the
early Nova Scotia township of Conway.
In the 1770s, with the onset of the American Revolution, the area proved vulnerable to raids from New England
and potentially hostile First Nations. In 1775 the poorly defended Fort Frederick, across the harbour from and in
sight of Portland Point, was captured by American raiders. Three years later the British reinforced the area with
a new fort, Fort Howe, on the height of land near Portland Point. The small New England settlement persevered
and included roads, grist mills and wharves.
Material culture:
Typical 18th century North American pioneer era; buttons; tools; coins; nails; trade trinkets; musket balls; pow-
der horns; bayonets; knives; bricks; bottles; pottery shards; lamps; barrel hoops; pulleys and other items relating
to ship building, artisanal activity, packing, trade; door locks; keys, etc.
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20
Loyalist Period to 1820s:
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
In 1783, 14,000 Loyalist refugees arrived, mainly from the Mid Atlantic colonies. Some were disbanded sol-
diers and their families, others were civilians. They were mostly white, Protestant and American born, although
up to 10% were African American, including both slaves and free people. In terms of class and education they
were a mixed group, despite later romanticized misconceptions that depicted them as "British ", upper - class,
well educated and primarily from New England.
The authorities give the refugees land, including town lots, as well as lumber, tools and supplies. Many were
expected to move inland to become farmers but large numbers remained in Parrtown, which was incorporated
as the city of Saint John in 1785. Areas near the harbour, such as Portland Point, would have valued for busi-
ness and residential purposes. By late 1784 the Saint John area contained c. 2000 houses on the east side of the
harbour, and 500 across the harbour in Carleton. The 1785 Charter attempted to exclude Blacks who were not
property owners from living and working within city limits unless they were servants.
Material culture:
In addition to the usually artifacts associated the late 18th century colonial seaports, it may be possible to
include something associated with the Black Loyalists (check studies of archaeological sites associated with
African Americans in colonial Boston, New York, Philadelphia).
Like many refugee communities, Saint John's population initially declined before bouncing back. The territorial
reach of the slowly growing community was limited -much of the area north of Portland Point, running east to
the Indian `truck house" north of Marble Cove, remained covered in forest. Saint John's successful merchants,
tied into trade with the West Indies and other parts of the British Empire, prospered and as they amassed wealth
they invested in land and other businesses. In the 1790s Saint John was still exporting furs, as well as fish. Most
of the essential supplies required by rural New Brunswick would have entered through the port, which raises the
issue of `cosmopolitan' artifacts. Local shipyards produced all manner of sailing vessel, including large square
riggers for deep -ocean trade, and whalers.
Most of the population in the Loyalist period consisted of day labourers, ship labourers (longshoremen), ser-
vants, artisans, cartmen and small business people such as grocers, tailors, bakers and publicans, and their
families. Most people were poor and had few possessions. We do not know enough about the Portland Point
neighbourhood in this era to determine its class or social composition, unlike the early to mid 20th century
when it was covered in poorly built and maintained wooden tenements rented by the working class families or
dedicated to railway and other industrial uses. A late as the 1830s there was only a handful of houses and three
or four streets between Fort Howe and the harbour. One substantial residence from this period, built in the late
1700s or early 1800s for an elite family, remained on High Street north of the Fort LaTour area, until it became
a victim of urban renewal in the early 1970s. A long narrow wharf jutted out into the harbour near the present
Long Wharf and a timber pond was nearby. Waterfront Portland would had one or more sawmills, and a num-
ber of manufacturing workshops.
Material culture:
Items /artifacts relating to late 19th/early 19th century seaport. Saint John was a colonial town with an artisanal/
manufacturing sector and with both working class and elite households, so artifacts would reflect economic and
social diversity. Relics relating to trade, fishing both in the harbour and offshore; sawmilling; ship building;
blacksmithing; rope manufacturing; sail making; barrel making. Possible household articles: pipes, crockery,
candlesticks, mugs, scrimshaw carvings. There could also be relics relating to the public realm such as part of a
drain pipe, a water pipe or a gas lamp.
W.
1830s to 1900
Throughout the 1800s the Parish of Portland gained population, buildings and business and became the Town of
Portland in the 1870s. In 1899 the community amalgamated with Saint John.
Nearby Strait Shore (now Chesley Drive) by the 1820s was the site of New Brunswick's first steam powered
sawmill. The W.H. Bartlett engraving of 1842 depicts a large wharf, a number of ship frames under construc-
tion along the shore and a timber raft in the harbour. To the north of Portland Point more streets were laid out
and housing built, mainly for the working class, as the population was augmented by Irish, English and Scottish
immigration in the 1820s, 30s and 40s. Many of the immigrants ended up in working -class housing in the blocks
north of Portland Point, which were hard hit by the cholera epidemic of 1854.
Businesses and institutions followed as Portland grew. In 1829 Grace Anglican church opened on the corner
of Simonds and High Streets. Charging no pew fees to congregants, it was the first `free' Church of England in
New Brunswick. The better known St. Luke's Anglican church on Main Street opened in 1838. By the 1850s, at
the foot of Portland Point Street (later Portland Street) was the import -export firm of R. Rankine and Co., which
maintained a dock and two slips. As Main Street north of Portland Point developed, it attracted small businesses
and in the 1860s and 1870s was the site of a brewery. Fire was a recurrent danger in Portland and Saint John,
and it may be possible to incorporate this into the artwork as a strata.
The 1875 Roe and Colby Atlas provides an excellent overview of the built environment of the Portland shore
area. Increasing urbanization south of Main Street had produced a residential zone of several square blocks,
most of it consisting of multi -story wooden tenements. The area now included a Wesleyan church (later the
Portland United church). To the north, Main Street, which connected Indiantown to Saint John, had become a
major artery clustered with houses and small businesses. Citizens with the financial resources were able to ride
on a street railway, an early streetcar service, powered by horses. Later the streetcar system was electrified.
On the waterfront near Portland Point were shipyards, a marine railway (a cradle set on tracks which pulled ves-
sel out of the harbour), two sawmills and the mercantile firm of R. Rankine and Company. The Portland Roll-
ing Mill, to the east of the point, fabricated iron sheets, bars and other metal products. Nearby was the Chesley
Brothers iron knee factory, which produced an essential component for Maritime shipyards (knees were L-
shaped iron fittings that were used to attach ships' beams to hulls). Further to the west, along Strait Shore, were
the modest houses and outbuildings of families who worked in the harbour fishery.
The final 19th - century manifestation of industrialization to affect the Portland shore was the construction of a
railway line thorough the neighbourhood. Portland Point was now cut off from the residential neighbourhood to
the north by railway tracks -a situation that continues to this day.
Material culture:
Continuation and update of the items associated with earlier strata, including iron work, items relating to trade,
ship building and daily labour; household items including toys; any `ethnic' or religious artifacts associated with
immigrants; evidence of fire; relics of the timber trade such as a peavey pike head or a mill saw blade; evidence
of the railway (railroad spikes, coal, etc). Many of the relics would be those of the industrial age, but given the
persistence of some traditional activities (catching fish and packing them in barrels for export) there would also
be some continuity. Any relevant household item from the era, ranging from a kerosene lamp to flatware to lead
piping, could be appropriate. One possibility is to recognize the global connections of Saint John shipbuilders,
shipowners, merchants, sea captains and sailors by including representation of exotic goods.
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
20th Century
By the early 20th century, wooden shipbuilding had all but died out in the Saint John area and most sawmills
along the harbour were living on borrowed time. Photographs of Portland Point (Colwell Collection, NB Mu-
seum) dating from the 1920s and 1930s suggest that it was a neglected area, dotted with a few small wooden
buildings and bordered by aged, rotting wharves. A painting by A.M. Shaw (1945) of the area at the foot of
Portland Street indicates a jumble of wooden buildings and scows below a railway embankment dotted by tele-
phone poles.
North of the tracks, one industrial addition in the early 20th century was a pickle factory on Camden Street. This
part of the North end was dominated by two and three -story tenements, most of them with flat roofs. There were
no parks or playgrounds. The area was not directly affected by any preparations or special land uses associated
with World War I or II. Nonetheless, objects such as military uniform buttons or badges could be included.
The 1946 Saint John Master Plan, the blueprint for future urban renewal projects, depicted Portland Point as
`unoccupied' but described the tenements to the north as a fire hazard and unfit for human habitation. The
planning study also noted that the terrain in the area was rocky and hilly, not ideal for residential use. Also,
the relatively flat areas were close to harbour facilities and served by rail. In addition, the area was likely to be
further cut off from other neighbourhoods once the city built a modern major road way that connected the North
end with the central city. The Master Plan recommended the removal of all housing south of Main Street, and
the possible construction of a few modern apartment buildings in the western part of the neighbourhood. Some
of this housing stock was destroyed in the 1950s with the construction of the Lord Beaverbrook arena. During
the 1950s, as mentioned above, the New Brunswick Museum carried out as archaeological study of the Portland
Point area and confirmed the location of 17th century Fort LaTour.
With the beginning of the Saint John harbour bridge project in 1964, the area around Portland Point once again
was affected by transportation infrastructure. In addition to the main Canadian Pacific Railway line and a spur
line serving Long Wharf, the coastal zone would be bisected by the tall concrete footings of the bridge as well
as on off -ramp connecting the east -bound lanes to Saint John's central business district. Another ramp was
constructed to connect east -bound traffic to the North end, and to allow traffic from the North end to cross the
harbor in a westward direction. The construction of the bridge, which opened in 1968, completed the process
begun with the building of the railway embankment decades earlier- the Portland Point area became an isolated
urban `dead zone.'
Documents prepared for the North End urban renewal project in the mid 1960s indicate that the land below Hi-
lyard Street was to be acquired for urban renewal. Buildings on Portland and adjacent streets were acquired by
the municipal authorities and demolished in order to "remove blighted conditions and encourage regeneration of
the area." (Evening Times Globe, July 22, 1968). Hundreds of families had to be relocated.
The 2008 publication Urban Renewal Saint John: A City Transformed, by Brenda Peters McDermott, contains
dozens of photographs of buildings demolished in the urban renewal zone. Near the cove to the west of Portland
Point, on Chesley Street, was the Brunswick Ready Mix Concrete plant. Some of the houses were architectur-
ally interesting and reasonably well maintained, but many were in rough shape. The houses were built closely
together, and often had unsightly staircases, outbuildings and accoutrements such as heating oil barrels. There
were no lawns and few trees. Throughout the decades the neighbourhood contained a few small businesses and
clubs. At the corner of Harrison and Hilyard Streets there was a small gas station. The most substantial building
in the area was the large stone Portland United Church. Below many of the houses along Chesley Street were
boat houses and jetties.
207
21
With the completion of urban renewal in the 1970s and 1980s, the area below Hilyard Street remained vacant,
affected only by sporadic attempts to develop the Fort LaTour area as an historic site. In recent years, it has been
the site of the Harbour Passage trail system, which passes beneath the spans of the Harbour Bridge and its mas-
sive ramps.
The area between Hilyard and Main Street was partially filled in by two hotels, a retail mall /office complex, and
smaller scale office complexes to the east.
Material culture:
For this strata, artifacts could reflect the human population, which was overwhelmingly working - class. We
know that persons of the Anglo- Saxon, Irish, Acadian, African Canadian and Jewish ethnicity or cultures lived
in the housing blocks north of Portland Point. Further research may reveal other examples of a multicultural
population.
Specialized artifacts relating to the world of work could be included for this strata, such as fishing equipment,
a longshoreman's hook, sewing machine parts, a railroad watch or carpenter's tools. If so desired, objects from
the urban renewal /Harbour bridge era, such as part of a surveyor's transit; steel rivets, rebar or other construc-
tion materials, could be incorporated. If it is deemed appropriate to reflect the small business culture of Main
Street, north of Portland Point, then items relating to this sector could be considered. They included barbers,
tailor shops, grocery stores, hardware stores, restaurants and at least on movie house.
In general, artifacts could reflect the material culture of the 20th century, which was dominated by consumption
and new technologies such as electric lights, telephones and automobiles. Example: broken light bulbs; tin cans;
broken phonograph records; razor blades; beer bottles; spark plugs; electrical wire; pocket knives; marbles,
yoyos and other toys; milk bottles; wrenches; combs, brushes; costume jewelry; shoes; tubes from radios; TV
`rabbit ear' antennae parts; baseballs; hockey sticks; dog collars; hub caps; bicycle wheels.
Conclusion:
Portland Point, a relatively small area of land, has played a prominent role in the history of not only Saint John
Harbour, but also the larger area. It has been associated with First Nations, French, American , English, Irish,
Scottish and other cultures and with much of the recorded history of Saint John since the 1600s. It was the first
site of actual European settlement in the area and when the Loyalists arrived in the 1780s it was the most valu-
able real estate in the entire colony. In the 1800s it was associated with the activities that built Saint John's pop-
ulation and wealth: the fishery; shipbuilding, shipowning; the import-export trade; the timber trade and sawmill -
ing. By the late 1800s the area, cut off from the nearby residential neighbourhood by railway tracks, began to
decline. In the third quarter of the 20th century this neglected area, like the working class housing to the north,
fell victim to urban renewal, road expansion and bridge construction. In recent years, it has become part of the
route of the Harbour Passage trail, an attempt to redevelop the waterfront, bring the citizens back downtown and
make Saint John a more liveable city.
22
I •
Since 1970, Peter Powning has lived and worked as an artist in the hills of southern New Brunswick. His life is char-
acterized by intense periods of work preparing for exhibitions and commissions, punctuated by periodic travel. While
Powning's award- winning work is shown internationally, it is imbued with qualities distilled from a life lived close to the
silence, space and seasonal rhythms of his home, the fields, forests and shorelines of the Bay of Fundy. He works in a
wide range of media, usually in combinations including cast bronze, glass, stone, clay and steel. He is the 2006 Sadye
Bronfman Award recipient (now a Governor General's Award). In addition to gallery and museum exhibitions he is cur-
rently engaged in producing many large public commissions. Peter Powning is married to author Beth Powning. They
have one son, Jake Powning, an artist who shares studio space with Peter and lives nearby with his family.
Expression of Interest
I will bring considerable experience to this project. I have had national recognition for my work, and have been actively
engaged in a wide range of public and private commissions for at least 30 years, but especially in the last decade. The
budget for this project is well within the range of projects I have completed or am actively working on, which range from
$80,000 to $250,000, not including installation costs, transportation and lighting.
I will be collaborating with Jake Powning on the production of the historical relief. He is a superb carver and modeler as
well as an astute researcher. We will also be consulting with at least one historian and an archaeologist to develop time
lines and to identify appropriate artifacts to include. Larry Stewart, landscape architect, will be consulted regarding path
design, compostiion and siting.
In addition to my own foundry, wood and metal fabrication facilities, I work regularly with larger fabrication shops in New
Brunswick for my large scale work. I have an excellent track record for producing work on time and as proposed. Cur-
rently, I have four large public commissions on the go - three of them large outdoor sculptures in Toronto and area. I work
in a wide range of materials to suit the artistic and technical requirements of my sculpture, including cast silicon bronze,
cast aluminum, stainless steel, stone, slumped and cast glass, acrylic, concrete, Corten steel and recycled materials. I
have also produced many private, smaller -scale outdoor commissions.
I am an experienced artist and designer. I am well- organized and am accustomed to meeting deadlines, as well as fulfill-
ing the requirements for site preparation, footings, and installation. I am used to working with engineers for structural de-
sign and appropriate footings. I understand that an important aspect of public sculpture is being available for interviews
and public appearances in association with the unveiling of public art.
I am interested in creating public sculpture which becomes an active element in the life of the community. Sculpture is
what I do.
Peter Powning RCA
Powning Designs Ltd.
610 Markhamville Road
Markhamville, New Brunswick
E4E 4H3
peter @powning.com
506 - 433 -1188
www.powning.com
208
Peter Powning
610 Markhamville Road, Markhamville, N.B. E4E 4H3 peter @powning.com www.powning.com
SELECTED PUBLIC COMMMISSIONS
Memory Vessel, Irving Memorial Park, Saint John, NB. 2010.
Fantasm, lobby of Festival Tower, Toronto International Film Festival, ongoing to 2010.
Split Rock, rooftop meditation garden, Toronto International Film Festival, August 2010.
Portal, outdoors, Daniels Chicago Project, Mississauga, Ontario, September 2010.
Nest, Botsford Street Fire Station, Moncton, NB. 2008.
Bolt, Saint John Energy, Saint John, NB. 2008.
Light Spirals, outdoors at Residences of College Park, Bay and College, Toronto 2006 -2008.
Reader's Bench, Jacob's Yard Sculpture Garden, UNB, Fredericton, N.B. 2004.
Punctuated Blue, Saint John Free Library, 1992.
Strata, Market Square Convention Centre, 1984.
SELECTED SHOWS
Beaverbrook Art Gallery, curated solo exhibition. 2012.
Studio 21 Art Gallery, Halifax, N.S., small solo. April, 2010.
SOFA Chicago, with Lafreniere and Pai Gallery, November 6 -9, 2009.
"Transmutations ", Ingrid Mueller - Art + Concepts Gallery, solo show with catalogue, Fredericton, NB. October 2009. im-
ages
"Unity and Diversity" Exhibition at the Canadian Pavilion of the Cheoungju International Biennale in South Korea. 2009
"React ", Lieutenant Governor's residence, Fredericton, NB, 2009.
"Flow ", Old Government House, Fredericton, NB, 2009. Catalogue.
Solo Exhibition, Sandra Ainsley Gallery, Toronto, June -July, 2008
"Meaning and Metaphor ", curated by Alex McCurdy, Beaverbrook Art Gallery, Fredericton, NB. 2008
«Objets de Cultures: de la Nouvelle- France a aujourd'hui» , Du 20 janvier au 16 mars 2008, Centre Materia, Quebec.
Habitat Gallery, Tyson's Corner, Virginia, November 2007- Solo Exhibition
The Gardiner Museum, Toronto, Canada, February 2007
"Art Wall ", Hotel Murano, Tacoma, Washington, commissioned sculpture. 2007
The Sandra Ainsley Gallery, Toronto, June, 2006 - Solo Exhibition
Florence Biennale, International art exhibition by invitation, Italy, Dec.. 2005.
23rd Annual International Glass Invitational, Habatat Galleries, Boca Raton, FL. Dec.. 2005.
La Freniere and Pie Gallery, Ottawa, October 2005 - Solo Exhibition
SOFA Chicago, with Habatat, one of five featured artists. October 2005.
Harbinger Gallery, group ceramics show (Jack Sures, Bruce Cochrane, Jim Smith, Walter Ostrom Jeannie Mah,
Les Manning, Mimi Cabri, Peter Powning), Waterloo, Ont.Oct. 2005.
Masterworks, group exhibition, Mary E. Black Gallery, guest curator Philip Doucet. Halifax, Nova Scotia July - September
2005
SOFA NYC, with Galerie Elena Lee. June, 2005.
Galerie Elena Lee, Montreal, Oct. 2004 - Solo Exhibition
Habatat Galleries, Michigan. North of the Border. May 2004.
Twenty -first Century Ceramics, Canzani Center Gallery, Columbus Ohio. Bill Hunt curator, catalogue. 2003.
Large Work, The Sandra Ainsley Gallery, Toronto, 2003. Catalogue - Solo Exhibition
Canadian Glass Art, National Liberty Museum, Philadelphia. 2003.
Contemporary Glass 2003: 20th Annual International Glass Invitational, Habatat
Galleries, invited speaker, Boca Raton, Fla. 2003.
SOFA Chicago with Habatat Galleries, Outdoor work, October, 2002, Catalogue.
Biennale Nationale de Ceramique, Trois Rivieres, Quebec, National Invitational. 2002 -2003
International Glass Exhibition, Habatat, Boca Raton.2000 -2001.
The Sandra Ainsley Gallery, Toronto, Canada, Sept. 23 - Oct 14, 2000 - Solo Exhibition
NBCC Gallery, Embrace Confusion, February- March, 2000- Solo Exhibition
Looking Forward: New Views of the Craft Object curated by P. Greenhalgh, V &A Museum, London, exhibition, Ontario,
Canada. 2000.
Habatat Galleries, Boca Raton, Florida, October, 1998 - Solo Exhibition
International Glass Exhibition, Habatat, Boca Raton, 1998.
SOFA Chicago, Sculpture Objects Functional Art, International Art Showcase, October, 1998.
Powning Designs Ltd. PROPOSAL 2010- 993001P - Public Art - Saint John 225 23
SOFA NYC, Sculpture Objects Functional Art, International Art Showcase NYC, NY April 1998.
Fragments, Elena Lee Verre d'Art, Montreal, Quebec. April 1998 - Solo Exhibition
Poetry of the Vessel, AGNS curated by Chris Tyler, catalogue, 1998.
Prix Strathbutler Award Travelling Exhibition. London, UK. Washington, DC. Canada, etc. 1997 -2000.
Peter Powning: Elemental Clay & Glass, Solo survey show curated by Gloria Hickey - Solo Exhibition
Canadian Clay and Glass Gallery, Waterloo, Ont. Sept. -Dec. 1996 . Travels under the sponsorship of the
NB Museum 97 -98. 27 pages full colour catalogue. NB Museum February-March 1997,
Art Gallery of Nova Scotia, November 15, 1997- February 2, 1998 - Solo Exhibition
Fletcher Challenge Award Show, Aukland New Zealand, 1996.
Clay: Medium - Based Practices, Dalhousie U. Art Gallery, curator: Arthur Handy, Winter 1996
International Invitational Exhibition of Ceramic Art, Nat'l Museum of History, Taipei, Taiwan, 1992.
The International Exhibition of Glass, Kanazawa, Japan, 1992.
North, International touring exhibition. Nordic countries and Europe. 1992 -1994.
Canadian Craft Museum, Vancouver. Treasury of Canadian Craft, 1992 -1994.
Canadian Contemporary Ceramics, Kunst Klubben Gallery, Oslo, Norway, 1990.
International Ceramics Festival, Mino Japan, 1989 winner of the Bronze Award.
International Invitational, Sylvia Ullman Gallery, Cleveland, Ohio, April, 1987.
New Canadian Sculptural Ceramics, Art Gallery of Nova Scotia. Invitational, 10 Canadian artists. 1986.
Lynda Greenberg Gallery, Ottawa, September, 1988. March 1990 - Solo Exhibition
Galerie Barbara Silverberg, Montreal, October, 1987. Solo - Solo Exhibition
U.de Moncton, Galerie d'Art, Moncton, NB. Sound sculpture and recent work, 1983 - Solo Exhibition
Cassel Galleries, Fredericton, NB. Raku and bronze, 1982 - Solo Exhibition
Old Fields New Paths, Department of External Affairs juried travelling international exhibition,
(Touring Japan, Australia, etc). 1985.
Memorial University Art Gallery, St. John's, Newfoundland. Exhibited sound sculpture as part of the
National Sound Symposium.1984.
Warehouse Gallery, London, England. 1977.
SELECTED AWARDS AND COLLECTIONS
Dalhousie University Art Gallery - purchase for collection, 2007
Macdonald Stewart Art Centre Collection, U. of Geulph, 2007
2006 Saidye Bronfman Award, $25,000 (the Bronfman Award became Governor General's Award in 2007).
Canadian Museum of Civilization collection 3 pieces. 2006.
Beaverbrook Art Gallery, purchase for collection. 2002
Canada Council Award, 2000.
Art Gallery of Nova Scotia, purchase for permanent collection Lunarium, 1997.
Winnepeg Art Gallery, purchase for their permanent collection Trilithon, 1997.
Honourary Fellowship, NB College of Craft and Design, 1998
Certificate of Recognition, NB Arts Board for contibution to the arts, 1997.
NB Museum purchases: Solar Flare and Step Series with the assistance of the Canada Council for the Arts. 1997
Punctuated Blue, Saint John Free Public Library, 2m tall (78 in.). clay /glass commission.
Strathbutler Award. Excellence in the arts. $10,000. 1993.
Canadian Clay and Glass Gallery, Broken Arch donated by Joan Chalmers, 1993.
Deichmann Award for Excellence in Craft, $5,000. 1991.
International Ceramics Competition, Mino Japan, Bronze Award. 1989.
Royal Bank Collection, 1989.
The Betty and Issac Hamburger Sculpture Award, Academy of the Arts, Baltimore Maryland, 1987
Canadian Guild of Crafts, Montreal, Award of Excellence, 1986.
CCC Professional Development Award 1985
Canada Council Art Bank (2 pieces)
Bronfman Collection (Claridge, Montreal)
Canadian Clay and Glass Gallery Collection
Chalmers Collection
The Indusmin Collection
NB Museum Purchase Award
General Foods Collection
U.de Moncton Galerie d'Art Permanent Collection
Massey Foundation Collection
EDUCATION
New Works Residency, Banff Centre for the Arts, Jan -Feb. 2001.
1 week ceramic shell workshop. The University of the Arts, Philadelphia. 1992.
Leighton Artist Colony, Banff Centre for the Arts, Banff, Alberta. January- February, 1992,
AutoCAD Training, 120 hour certificate course. CADCAM Systems Ltd. 1991.
NB Community College, 40 hr. Computer Assisted Design Course. 1984.
Baltimore Institute of Art, chemically bonded mold making techniques for metal casting, by
Johnson Atelier staff. 1980.
Croydon College of Design and Technology, London, England. One Year Advanced
Research and Development Course. Awarded MSDC. 1976 -77.
University of Connecticut, Art major in sculpture and ceramics. 1968 -1971.
Trinity College, Hartford, Connecticut. 1967 -1968.
SELECTED POSITIONS AND AFFILIATIONS
ArtsLink (Arts Association of New Brunswick), vice president. 2008 ongoing.
Leighton Colonist, Banff Centre for the Arts, Banff, Alberta, 2001, 2005 & 2007.
Governor General's Visual Arts Awards jury for 2009.
Fundy Civic Centre advisor: Building Committee
RCA. Nominated and elected to the Royal Canadian Academy of the Arts, 1998
Canada Council Explorations Program jury, two year term, Atlantic
Above: Torus
Pigmented and stained, pre -cast concrete,
cast bronze and glass.
Right: Spire
Pigmented and stained pre -cast concrete,
cast bronze, Corten steel and glass.
209
[)
Full CV listed at www.powning.com /peter
24
JAKE POWNING, Markhamville NB
Craftsman and Business Owner, April 2001 to present
Self- employed as an artist swordsmith, work sold to or exhibited in: Canada,
the United States, Denmark, Switzerland, Britain, Cyprus, Germany, Romania, and China.
Public Exhibitions:
Jake Powning Swords Website, http: / /www.powning.com /jake
2001 - present, an expanding catalogue of current and past work. All sales are through
this website; an online gallery. I am my own dealer. The site gets 120 to 1000+ visitors daily.
Macau Museum of Art, Macau, China October 14, 2005 - January 2006,
sword titled Spirithorse in first ever museum exhibition of International Contemporary Blade
Smiths, "Masters Of Fire ",
100 page exhibition book.
Mary Black Gallery, Halifax, Nova Scotia. October - December 2005, piece in exhibit, Nova
Scotia Designer Crafts Council Gallery
Artsplace Gallery, Annapolis Royal, Nova Scotia. Aug 14th - Sept 11th 2005, in conjunction with
international blacksmithing conference "Canlron V ".
Publications:
Magazine "Saltscapes" January /February 2010, CanadaJanuary /February, 2010, image and interview.
Magazine "MAGazine- Metal Arts Guild of Canada" October 2008, Canada cover image and full story feature.
Magazine " Schwert & Klinge" Sommer 2008, Germany June, 2008, images of work featured in German magazine.
Catalogue "Excellence 2006" by ArtsNB & NB Foundation for the Arts, NB. April 2006, featured in conjunction with Emerging
Artist of the Year Award.
Book "Master's of Fire ", Macau Museum of Art, Macau, China. October, 2005, work & biography in book by Macau Museum
of Art.
Book "Blade's Guide to Knifemaking ", by Joe Kertzman, United States. June, 2005, images of work appeared in book pro-
duced by "Blade Magazine ".
Accomplishments:
Movie 'Reclaiming the Blade' produced by Galatia Films, USA 2009, feature documentary on process of swordmaking in
Special Edition
ArtsNB, Mid Career Creation Grant, New Brunswick October 2008, for research at the British Museum, London,UK & follow
up with a sword creation project titled Learning from the Ancestors.
Sculpture "Portal ", collaboration with sculptor Peter Powning, Mississauga, On. To be mounted Autumn 2009, designed &
carved archway in a 15'tall /10'wide outdoor sculpture for the Daniels Group "Chicago Project ".
Preliminary Youth Commission, ArtsNB, Moncton, NB June 4th, 2007, to help discuss establishment of a youth advisory com-
mittee.
Next Generation of Artistic Leaders Dialogues, Canada Council for the Arts, Halifax NS, May 2007, national consultation of
young artists & arts administrators.
National Youth Committee, Canada Council for the Arts, Ottawa, ON, March 23rd, 2007, represented Atlantic region & visual
artists of Canada to discuss and prepare 'Next Generation of Artistic Leaders Dialogues'.
ArtsNB, Mid Career Creation Grant, New Brunswick, April 2006, awarded to create project "Brigid and Freya"
NB Foundation for the Arts, Emerging Artist of the Year Award, New Brunswick, April 2006, in recognition of creativity and of
evolution as a promising talent.
ArtsNB, Emerging Artist Grant, New Brunswick, August 2005, to create series, including piece for Masters of Fire, Macao
Museum of Art, China.
210
21 Leaders for the 21 st Century, with NextNB, UNB, New Brunswick, Selected as a leader in a UNB initiative of 2004/05;
"21 Leaders for the 21 st Century" was developed to foster a new perspective on the future of NB. NB Artsboard, Emerging
Artist Grant, New Brunswick
August 2002, awarded to create series of Viking style swords.
Recent Research:
British Museum, London, UK. May 2010 Britain and Europe 800 BC -AD 43 (Room 50) viewed & photographed Anglo
Saxon and Viking Age ornamented strap mounts and drinking horn fittings, emphasis of study on anthropomorphic and
zoomorphic motifs.
Oak Study, Britain, UK. April - May 2010 studied form and growth of oak trees of England and Wales, photographed and
sketched specimens.
Harlech Castle, Harlech, Gwynedd, Wales UK. May 2010 toured 13th century castle, site that had military use as early as
Iron Age.
Castell y Bere, Abergynolwyn, Wales UK. May 2010 surveyed 13th century Welsh castle ruin site
Castle Rising Castle, Kings Lynn, Norfolk UK. April 2010 toured 12th century castle
The Wallace Collection, London, UK. April 2009 Documented weighed and measured four 16th Century swords, assis-
tance and dicussion with curator Tobias Capwell.
Prehistory and Europe Research Room of the British Museum, London, UK. April 2009 Documented, examined and
measured three anthropomorphic La Tene period (300 BC to 100AD) swords.
Iron Age steel manufacture with British Museum archeometallurgist, London UK. April 2009 Met with and discussed
Iron Age steel manufacturing techniques with British Museum archeo - metallurgist Janet Lang.
Cromlech Prehistoric Megalithic Structure Tour, Isle of Skye, Scotland UK. April 2009 Tour focusing on Iron Age Crom-
lech culture (same period as swords examined at BM), with researcher and engineer Bob Cleland.
Kelvin Grove Art Gallery and Museum, Glasgow, Scotland UK. April 2009 examined & photographed Scottish great
swords from 1200 -1500.
Higgins Armory Museum, Worcester, MA. September 2008 - looked at and discussed medieval arms and armour with
master blade smith artist Don Fogg; made sketches of armourers tools and anvils.
Victoria and Albert Museum, London,UK with curator Angus Patterson. April 2008, handled & examined eight swords in
the research room.
Anglo Saxon pattern welding techniques, London, UK. April 2008 Met with Hector Cole research blacksmith.
Renaissance sword geometry and sword smith craft and artistry, London, UK. April 2008 Met with Peter Johnsson
Swedish sword smith and researcher. British Museum, London, UK. April 2008 toured and viewed the collections of Pre-
history and Europe.
Museum of Civilization, Hull, Quebec. March 2007 - examined and sketched west coast Haida carvings depicting animis-
tic and mythological motifs.
"Lord of the Rings" Stage Play, Toronto, Ontario. April 2006, After show, backstage tour by personal invitation with
director Alisa Palmer, during which sword props & costumes were examined and discussed.
Royal Ontario Museum, Toronto, Ontario. April 2006 Samuel European Galleries & Anglo- Saxon, Celtic, Iron Age arti-
facts.
Jake Powning (continued)
Presentations and Teaching Engagements:
Kennebecasis Valley High School Chemistry Class Grade 12, Markhamville, NB,
May 2009 & 2007 presentation of the metallurgy involved in hardening steel.
Maritime Blacksmithing Hammerin, Heritage Ironworks, Moncton, NB, October 18th,
2008 demonstrated pattern welded steel making technique
Ashokan Bladesmithing Conference, Ashokan Field Campus, NY, USA
September 19th - 21 st, 2008, demonstrated metal casting techniques
London Conference "Spring Sword Hammer -in ", Bushfire Forge, London, UK
March 28th - 30th, 2008, presentation of sword making process
London Sword Course, Bushfire Forge, London, UK
March 24th — 28th, 2008, assisted in teaching sword making
Maritime Bladksmithing Hammerin, Iron Raven Forge, Shubenacadie, NS
April 22nd, 2007 described sword making process
Lonesome Pine Knives Blade Smith Conference, Bristol, Tennessee, USA
March 10th — 13th, 2005, demonstrated Celtic & Norse period carving
Media:
Telegraph Journal newspaper, New Brunswick, May 2nd, 2009:
Salon Questionnaire a weekly arts supplement, interview about work and life
Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225
CBC Radio "Freestyle" Canada -wide afternoon show, April 10th, 2006: Live interview on swordmaking &
"Emerging Artist of the Year Award"
CBC Radio "MaritimeNoon" for the Maritime Provinces, April 10th, 2006: Interview about swordmaking &
"Emerging Artist of the Year Award"
CTV "Live At 5" Evening News Program for Maritime Provinces, March 9th, 2006:
Feature story about Jake Powning Swords.
Telegraph Journal newspaper, New Brunswick, October 20th, 2005:
Story: Jake Powning Swords & exhibit opening Macao Museum of Art, China
Roger's All News Radio: Saint John & Moncton NB, Halifax NS, Oct. 14th, 2005:
Story: Jake Powning Swords & exhibit opening Macao Museum of Art, China
Radio Feature on AARP in Washington DC, USA, September 2005:
Story on Jake Powning Swords. Interview by Danielle Nerman, available on radio station website and on
Jake Powning website:
www.powning.com /jake
"Handmade" Show on Roger's Television, New Brunswick, September 2005:
15 min. feature on show about NB artists & craftspeople. Aired repeatedly throughout NB.
CBC Television Feature Story, by Peter Anawati, November, 2004:
3 min. story on Jake Powning Swords appeared on provincial news & evening national news, was on CBC
website, may be seen on
Jake Powning Swords site: www.powning.com /jake.
CBC National Radio, "Sounds Like Canada ", October, 2004: 12 minute story about Jake Powning Swords
aired on Shelagh Rogers show
Education:
Career Mentors: Don Fogg, artist/ master bladesmith, Maine, USA. John Hooper, sculptor & poet, NB,
Canada
Continued independent studies
Variety of conferences, short courses, apprenticeships, independent research
Forging of Japanese Swords Course, NC, USA
Instructor: Master Bladesmith Don Fogg, September 1999
Pattern Development Forging in Damascus Steel Course, NC, USA
Instructor: Master Bladesmith Don Fogg, August 1999
Apprenticeship with Master Bladesmith Rob Hudson, VA, USA
Certificate in Bladesmithing, June 1997
Nova Scotia College Of Art and Design, Halifax, NS
1996 — 1997 (3 semesters), Studied Metals and Silversmithing
Cast bronze strap mounts.
1.75" d.
Jake Powning
211
25
Susan Elizabeth Blair CV (selected entries)
Department of Anthropology, Faculty of Arts
PO Box 4400
Fredericton, New Brunswick, Canada, E313 5A3
tel.: (506) 458 -7929
Education
• June 2004, University of Toronto, Dept. of Anthropology, Doctor of Philosophy, Dissertation: "Ancient
Wolastoq kew Landscapes: Settlement and Technology in the Lower SaintJohn River Valley, Canada ". (supervisor: E.
Banning, committee: J. Petersen, M. Friesen, M. Chazan)
• May 1997, University of New Brunswick, Dept. of Anthropology, Master of Arts, Thesis: `Prehistoric
Archaeology of the Grand Manan Archpelago: Cultural History and Regionallntegration "M.A. thesis (supervisor: D.
Black, committee: B. Broster, M. Wiber)
• November 1991, McMaster University, Dept. of Anthropology, Bachelor of Arts honours, with distinction
Area of Academic Interest: North American archaeology and the prehistory of the Maritime Peninsula.
Archaeological theory, methods, and practice. Community-based archaeology. Ethnoarchaeology. Watercraft.
Ethnohistory and Aboriginal cultures of Atlantic Canada. Contact and post- contact period history and
archaeology.
Employment summary
0 2006 to present: Professor of Anthropology (appointed rank of Associate Professor July 1, 2009, awarded
tenure July 1, 2010)
0 2002 to 2010: Senior research archaeologist, technical advisor, Metepenagiag Heritage Park
Dissemination of research
Presentations:
• 1992 to present: two keynote addresses, 14 sole- authored papers, 22 co- authored paper (principal author
of 9), 3 sessions chaired at regional, national and international conferences, and key organizer of one
international workshop and two regional conferences
Publications:
• S. Blair (2010) "Missing the boat in lithic procurement: watercraft and the bulk procurement of tool -stone
on the Maritime Peninsula" Journal of AnthropologicalArchaeology 29(1):33 -46 (refereed)
• S. Blair (2010), invited submission, "Mawlukhotepun —Working Together ", a section in a textbook
"World Prehistory and Archaeology: Pathways through Time, 2 " US Edition" by Michael Chazan,
Pearson.
• 2010, co- editor, with K. Holyoke, Archaeology of the Maritime Peninsula — L'Archeologie A Peninsule Maritime, a
peer- reviewed regional journal for technical, field, and consulting archaeology.
• S. Blair, E. Gorman, and P. Ward, eds. (under review with University of Toronto Press) "Weaving
Together: Archaeology and Indigenous Textile Arts ", a volume of submitted papers.
• S. Blair (2008), invited submission, "Mawlukhotepun — Working Together ", a section in a textbook
"World Prehistory and Archaeology: Pathways through Time, Canadian Edition" by Michael Chazan,
Pearson Canada.
• S. Blair (2007) "Archaic traditions and long -term patterning in the far Northeast ", invited review of `The
Archaic of the Far Northeast' edited by David Sanger and M.A.P. RenouP', Review of Archaeology Volume
28.
• Blair, S., ed., (2004) Wolastogiyik Ajemseg: The People of the Beautiful River at Jemseg, Vol. 2:
Archaeological Results. NB Manuscripts in Archaeology 36E, Archaeological Services Unit:
Fredericton, N.B. (Also available in French).
• Perley, K., and S. Blair, eds. (2003) Wolastogiyik Ajemseg: The People of the Beautiful River at
Jemseg, Vol. 1: Important Stories and Spoken Histories. NB Manuscripts in Archaeology No.
34E, Archaeological Services Unit: Fredericton, N.B. (Also available in French).
• 1999, The PrecomactArchaeology of the Grand Manan Archipelago: Cultural History and Regional Integration. New
Brunswick Manuscripts in Archaeology No. 29, Archaeological Services: Fredericton, N.B.
Service (outside the University)
o 2010, Board of Directors, Metepenagiag Heritage Park Inc.
• 2007 to present, Member, Research Subcommittee for the Atlantic Aboriginal Economic Develop-
ment Integrated Research Program, with the Atlantic Policy Congress of First Nations Chiefs.
• 2006 to present, vice - president, New Brunswick Chapter, Archaeological Institute of America (Acting
President, as of July 1, 2010).
• 2004 to present, Awards Committee member, Thomas Washburn Memorial Scholarship, the 2003 to
2005, President and Treasurer 2003 to 2004, President of the New Brunswick Archaeology Society.
26
Greg Marquis
Address
Telephone
Fax
Email address
Education
Curriculum Vitae
Department of History and Politics, University of New Brunswick,
P.O. Box 5050, Saint John, New Brunswick, Canada, E2L 41-5
(506) 648 -5600 (0)
(506) 648 -5799
gmarquis @unbsj.ca
(506) 849 -1656 (H)
Ph.D. (History) Queen's University, 1987
M.A. (History, with Distinction), University of New Brunswick, 1982
B.A (Honours, First Class), Saint Francis Xavier University, 1980
B.A. program, University of New Brunswick Saint John, 1976 -78
Social Sciences and Humanities Research Council of Canada (SSHRCC) Doctoral Fellowship, 1983 -86
Queen's University Graduate Award, 1982 -83
University of New Brunswick Graduate Award, 1980 -82
Employment History
Academic Non - Academic:
University of New Brunswick Saint John:
Sabbatical leave, July 1 -Dec. 31, 2009
Professor, July 1, 2008
Sabbatical leave, July 1 -Dec. 31, 2005
Tenure, July 1, 2005
Associate professor, July 1, 2002
Assistant professor, July 1, 1999
Instructor, Dalhousie University, June 1999, Sept. -Dec., 1998
Instructor, Saint Mary's University, Jan. 1994 -April 1999
Assistant professor, St. Francis Xavier University, 1992 -93
Sessional lecturer, University of British Columbia, 1991 -92
Assistant professor, Mount Allison University, 1988 -91
Adjunct assistant professor, Queen's University, 1987 -88
Instructor, Queen's University, 1986 -87
Instructor, University of New Brunswick Saint John, summer 1985
Senior programs Officer, Clean Nova Scotia, Halifax, NS, Jan. -June 1999
Project Officer, Clean Nova Scotia, June -Dec., 1998
Information Officer, Clean Nova Scotia, Jan. -July 1998
Researcher /Writer, Clean Nova Scotia, Aug. -Dec., 1996
Honours and Distinctions
B.A. Honours (First Class)
M.A. (with Distinction)
Nominated for UNB Merit Award, 2002, 2006
UNB Merit Award, 2007
Saint John Heritage Award, 2008
Memberships in Professional and Learned Societies
Osgoode Society for Legal History, Alcohol and Drug History Society
Canadian Society for the History of Medicine, Association for Canadian Studies
New Brunswick Historical Society
212
Estabrooks Engineering Inc.
Dan Estabrooks, P. Eng.
STRUCTURAL CONSULTANTS
Suite 803, Harbour Building
133 Prince William Street
Saint John, New Brunswick
Canada
E2L 2135
Tel: (506) 674 -1810
Fax: (506) 674 -1812
info @estabrooks.com
COMPANY INFORMATION
Our goal is to offer excellent service to our clients in delivering a complete range of structural engineering con-
sultant services.
Established in 1990, Estabrooks Engineering Inc. provides engineering services for projects within Atlantic
Canada and in the State of Maine.
Project experience includes a wide variety of buildings and industrial plant facilities, public sculpture footings,
as well as highway bridges, telecommunications structures, marinas, tanks and aquaculture components.
We seek to develop practical and effective strategies for using current technologies to better serve our clients'
needs, including software and hardware solutions for computerized structural analysis and design, calculation
management, drawing production and document handling.
New Construction
Estabrooks Engineering Inc. can provide practical engineering solutions at all stages of the project. We have
extensive experience from the pre- design phase through to inspection services during construction.
A wide range of industrial projects have been successfully undertaken including structural modifications, up-
grading and additions within the petrochemical, power, communications and pulp & paper industries.
Commercial, institutional and residential building structures are designed using the most appropriate struc-
tural systems consistent with the client's needs and guided by principles of life -cycle costing and sustainability.
Reinforced and prestressed concrete, structural steel, reinforced masonry, timber and engineered wood products
may be utilized to form the most effective structural solution.
Pownina Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 27
CURRICULUM VITAE
DAVID W. BLACK
BUSINESS ADDRESS: Department of Anthropology
Faculty of Arts
University of New Brunswick
P.O. Box 4400
Fredericton, N.B. E313 5A3
Dept: (506)453 -4975 Lab: (506)452 -6336
Office: (506)458 -7045 Fax: (506)453 -5071
Email: dwblack @unb.ca
EDUCATION:
Doctor of Philosophy: 1989; archaeology /anthropology; Department of Anthropology,
McMaster University, Hamilton, Ontario.
Master of Arts: 1984; archaeology /anthropology; Department of Anthropology, McMaster
University, Hamilton, Ontario.
Bachelor of Arts: 1980; archaeology major, anthropology minor; Archaeology
Department, Simon Fraser University, Burnaby, British Columbia.
Thesis and Dissertation References:
• Black, D.W. 1989. Living Close to the Ledge: Prehistory and Human Ecology of the
Bliss Islands, Quoddy Region, New Brunswick, Canada. Ph.D. dissertation, Department of
Anthropology, McMaster University.
• Black, D.W. 1983. What Images Return: A Study of the Stratigraphy and
Seasonality of a Small Shell Midden in the West Isles of New Brunswick. M.A. thesis,
Department of Anthropology, McMaster University.
CURRENT POSITION: Professor of Archaeology, UNB Fredericton
CAREER SUMMARY:
I have taught archaeology at UNB since 1991, and have been Professor of
Archaeology since 2001. 1 served as Chair of the Department of Anthropology from 2003
to 2007. Subsequently, I have been involved in developing the Archaeology
Interdepartmental Program, and archaeological research and teaching facilities, at UNB.
I have conducted archaeological research in New Brunswick for 29 years. My
academic interests include prehistoric archaeology, geoarchaeology, structural and
stratigraphic analyses of coastal shell- bearing sites, zooarchaeology and the human
ecology of hunter - gatherers adapted to marine shorelines. My M.A. and Ph.D. research
projects involved excavations of coastal sites on islands in the Quoddy Region, the
traditional territory of the Peskotomuhkatiyik (the Passamaquoddy people).
Since coming to UNB, I have been involved in archaeology projects on the Grand
Manan Archipelago, and on Deer Island, the Park Islands, the Bliss Islands and the
mainland shores of the Quoddy Region. In addition to my research on pre- contact sites in
the Quoddy Region, I excavated an early Loyalist period historic site — the homestead of
Lieutenant Samuel Bliss and family — on the Bliss Islands.
Since 1995, 1 have been conducting research into how Native people acquired and
used local and exotic lithic materials to make stone tools. The ultimate purpose of this
research is to use archaeological distributions of distinctive lithic materials from known
sources as proxy data for documenting Native exchange and interaction systems before
European contact, and for understanding how these patterns changed through time. This
work has centred on the Washademoak Lake Chert Source, in the traditional territory of
the Wolastoqiyik (the Maliseet people).
I have been invited by the Confederacy of Mainland Mi'kmaq in Truro, Nova Scotia,
to contribute a chapter on lithic material research to a book that the Confederacy will
publish on the research potential of the Debert Paleoindian site. More recently, I have
collaborated on two other projects in Mi'kmaq traditional territory: The Augustine Mound
research being conducted by Dr. Susan Blair in conjunction with the Metepenagiag
Heritage Park at Red Bank, N.B., and the E'se'get Archaeology Project, being conducted
by Dr. Matthew Betts (Canadian Museum of Civilization) at Port Joli, N.S.
In 2006, the George Frederick Clarke Artifact Collection, one of the largest and best
documented avocational archaeology collections in N.B., was donated to UNB by the
family of Dr. G.F. Clarke. Since then, I have been developing this collection, comprised of
2700 pieces of material culture and associated notes and records, for research, teaching,
display and public outreach activities.
213
SELECTED PUBLICATIONS:
• Black, D.W. (with commentary by P.H. von Bitter, S.A. Davis, G.F. MacDonald, A.L.
Burke, M.E. Googoo and S. Greer). in press. Background, Discussion and
Recommendations for Extending the Analysis of Lithic Materials used by Paleoindians at
the Debert and Belmont Sites. Chapter for L. Rosenmeier, S. Farrell and T. Bernard (eds.),
Proceedings of the Debert Research Workshop. Truro, NS: Eastern Woodlands Press &
The Confederacy of Mainland Mi'kmaq.
• Black, D.W. 2007. Review of The Archaic of the Far Northeast by D. Sanger and
M.A. P. Renouf. Northeast Anthropology 74:87 -88.
• Black, D.W. 2004. Living Close to the Ledge: Prehistoric Human Ecology of the
Bliss Islands, Insular Quoddy Region, New Brunswick, Canada (second edition).
• Black, D.W. 2003. L'importance du phoque clans I'alimentation des populations
silvicoles de la region de Quoddy (Nouveau- Brunswick). In P. Charest et M. Plourde (dir.),
La chasse au phoque, une activite multimillenaire. Montreal: Recherches amerindiennes
au Quebec, vol. XXXI II, No. 1, pp.21 -34.
• Black, D.W. 2002. Out of the Blue and Into the Black: The Middle –Late Maritime
Woodland Transition in the Quoddy Region, New Brunswick, Canada. In J.P. Hart and
C.B. Rieth (eds.), Northeast Subsistence – Settlement Change: A.D. 700 -1300, pp.
301 -320. New York State Museum Bulletin #496. Albany: The University of the State of
New York /State Education Department.
• Black, D.W. 2002. Ponapsqey: Jemseg Crossing Petrographic Series and
Preliminary Evaluations of Flaked Lithic Materials From the Jemseg Assemblage. In S.E.
Blair (ed.), Wolastogiyik Ajemseg, The People of the Beautiful River of Jemseg, vol. 2:
Archaeological Results, pp. 89 -116. N.B. Archaeology Series, Ms. #31. Fredericton:
Archaeological Services New Brunswick.
• Black, D.W. 2000. That Thing of Shreds and Patches: An Archaeological Narrative
of the Bliss Islands Thoroughfare, Quoddy Region, New Brunswick. In M. Boyd, J.C. Erwin,
and M. Hendrickson (eds.), The Entangled Past: Integrating History and Archaeology, pp.
146 -55. Proceedings of the 30th Annual Conference of the Chacmool Archaeological
Association. Calgary: Department of Archaeology, University of Calgary.
• Black, D.W. 2000. Rum Beach and the Susquehanna Tradition in the Quoddy
Region, Charlotte County, New Brunswick. Canadian Journal of Archaeology 24:89 -106.
• Black, D.W., and C.R. Blair 2000. Faunal Remains From the Loyalist Occupation of
the Bliss Islands, New Brunswick. In T.M. Friesen (ed.), Studies in Canadian
Zooarchaeology. Papers in Honour of Howard G. Savage. Ontario Archaeology 69:39 -54.
• Black, D.W., and L.A. Wilson 1999. The Washademoak Lake Chert Source,
Queens County, New Brunswick, Canada. Archaeology of Eastern North America
27:81 -108.
SELECTED CONTRACT RESEARCH AND CONSULTING REPORTS:
• Black, D.W. 2007. A Summary of the Pre - contact Archaeological History of the
Canadian Portion of Passamaquoddy Traditional Territory. Prepared for Paul Williams,
Team Leader, Research project for the Recognition of the Passamaquoddy People in
Canada, St. Croix – Schoodic Passamaquoddy Nation, St. Andrews.
• Black, D.W. 2003. The Minister's Island Shell Midden Site: Some Interpretive Notes.
Prepared for P.M. Allen, Archaeological Services of New Brunswick.
• Black, D.W. 2003. The Wallace Cove Site (BgDg29): Analysis of Lithic Artifacts.
Prepared for S. Neilsen, AMEC Earth & Environmental, Ltd.
• Black, D.W. 2002. Appendix E: Geomorphology, Bathymetry and Intertidal
Zones — Letang Islands, Charlotte County, N.B. In S.E. Blair (ed.) The Letang Islands
i
Larry is a principal and Senior Landscape
Architect with Basic Design Associates Ltd.. He
has been with BDA for more than 20 years and
has extensive experience working on
sustainable design projects throughout the
Maritime provinces.
Larry has a background in Structural Engineering
as well as Landscape Architecture.
EDUCATION
- B.L.A., 1974 Landscape Architecture, Guelph University, Guelph,
Ontario
- Diploma of Structural Engineering, 1968 Ryerson
Polytechincal University, Toronto, Ontario
PROFESSIONAL REGISTRATION
- Atlantic Provinces Association of Landscape Architects
- Canadian Society of Landscape Architects
MEMBERSHIPS
- Society for Ecological Restoration
Ia:Z6aJx419Wl»:71:11 �[N�
Larry's experience includes design development and management of
environmental site planning projects, sustainable tourism plans,
environmental restoration projects, site planning and park planning.
Recently, Larry has been involved in the management and design of the re-
development of Rockwood Park, Saint John, NB, the preliminary design,
working drawings and construction supervision for the Meduxnekeag
Greenway in Woodstock, NB, the preliminary design of the NB Trail through
the City of Saint John, a land use plan for the East Saint John Waterfront,
preliminary design and working drawings for a marsh restoration /passive park
in Downtown Moncton and the preliminary design, working drawings and
construction supervision for the Hampton Town Square in Hampton, NB.
Larry also provided the initial conceptual design for the Harbourfront Greenway
(Harbour Passage).
Powning Designs Ltd.
E , «: .
_541
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d
PROPOSAL 2010- 993001P — Public Art — Saint John 225
CONQUEST
CC* � ENGINEERING
LTD.
Conquest Engineering Ltd.
is an employee -owned company providing
engineering consulting, quality assurance, quality
control and testing services to Atlantic Canadian
clients in residential to heavy industrial sectors.
With over 150 years of combined experience
our team of skilled engineers, technologists,
technicians, and project managers enables Conquest
Engineering Ltd. to meet the diverse needs of its
clients.
Since our founding in 2003, Conquest Engineering
Ltd. has built its business on a friendly personal
approach to service. We develop close working
relationships with our clients, ultimately allowing us
to deliver optimum solutions and services to meet
their business objectives.
575 Crown St., Saint John NB E2L 5E9
Phone: (5o6) 635 -7565 • Fax: (5o6) 635 -8866
tectr 373 Baig Blvd., Moncton NB EsE 08
Phone: (5o6) 382 -7565 • Fax: (5o6) 384 -8866
214
Conquest Engineering Ltd. specializes in:
GEOTECHNICAL ENGINEERING
HOT MIX ASPHALT TECHNOLOGY
BLASTING CONSULTATION
AGGREGATE ACCEPTANCE TESTING
CONCRETE TECHNOLOGY
QUALITY CONTROL /QUALITY ASSURANCE & QUALITY
MANAGEMENT
CONSTRUCTION REVIEW & MATERIALS TESTING
G. ROSS WHITCOMB, P. Eng., CONQUEST ENGINEERING LTD
President and Senior Civil Engineer
Selected CV
EDUCATION: University of New Brunswick, 1982
B. Sc. Engineering (Civil)
CAREER SUMMARY
May, 2003 - Present Conquest Engineering Ltd.
President and Senior Materials /Geotechnical Engineer
1982 - May, 2003 Jacques Whitford and Associates Limited, Saint John, NB
Area Manager and Senior Materials /Geotechnical Engineer
MEMBERSHIPS /ASSOCIATIONS
• Association of Professional Engineers and Geoscientists of New Brunswick
• Association of Professional Engineers of Nova Scotia
• Association of Professional Engineers of Prince Edward Island
• Consulting Engineers of New Brunswick, Past President
• American Concrete Institute - Atlantic Chapter, Past Secretary
• International Association of Concrete Repair Specialists
• American Concrete Institute International
• American Concrete Institute (ACI) - Certified Examiner
• Precast Concrete Institute (PCI) - Examiner
• International Society of Explosives Engineers
RELEVANT EXPERIENCE
Geotechnical Engineering
• Market Square Complex Development, Saint John, N. B. - Pile installation
inspection
• Shannex Seniors Care Facility - Riverview, NB
• Barrack Point Potash Terminal, Saint John, N.B. - Pile installation inspection
• Purdy's Wharf Development Phase I, Halifax, N.S. - Pile Installation
inspection.
Concrete Technology and Construction
• Saint John Shipbuilding Ltd., Saint John, N.B. Restoration of dock walls.
• Supervision of QA Services for Manufacture of Precast Concrete Elements,
Strescon Ltd.
• Concrete specification writing and review - Irving Tissue, Ft. Edward, NY
• St. George Hydrodevelopment Project - Concrete Mix Designs and Performance
Monitoring, St. George, N. B.
• Canadian Tire Retail Store - Investigation of Floor Slab Curling, Grand Falls,
• City Hall Parking Structure - Concrete Restoration and Repair, Saint John, N.B.
• Rodney Terminal Pile Repair Project, Saint John, N.B.
Research
• Project Manager of "Study of the Role of Supplementary Cementing Materials
For Controlling Alkali - Aggregate Reactions For New Brunswick Aggregates."
Other
• Expert witness in New Brunswick Provincial Court on blast vibration damage,
concrete and geotechnical related cases.
PROPOSAL 2010- 993001P — Public Art — Saint John 225
215
Conquest Engineering Ltd.
HUGO BURSICH
Senior Concrete Technologist
EDUCATION: PCI Level III (Quality Control Personnel Certified Technician)
ACI Field Testing Technician Grade 1
Millidgeville North High School
CAREER SUMMARY
1972- November 2007 Strescon Limited, Saint John N.B.
2007- Dec. - Present Conquest Engineering Ltd., Saint John, N. B.
RELEVANT EXPERIENCE
❑ 35 years working in the pre -cast concrete industry.
❑ Quality Control Manager for the Strescon group of companies.
❑ Supervision of Quality Control Technicians in the Saint John plants.
❑ Maintenance and implementation of Quality Control program as related to PCI requirements.
• Mix designing: mix control and optimization of pre -cast components, pipe and Ready Mix concrete.
• Working knowledge of pre- stressing systems, theory, calculations of elongations and control of same.
• Working knowledge of admixtures as related to different cements and concretes.
• Working knowledge of SCC (Self Consolidating Concrete).
• Hands on experience with pre -cast product inspection, pre and post pour.
• Destructive and non - destructive testing of concrete.
• Reinforcing steel and formwork placement inspection
• Pre -cast concrete inspection - various projects -ME., N.H. MA.
• Pre - stressed concrete inspection- various projects- Maine D.O.T, N.B.D.O.T
• Co- author of a paper titled "The Use of Blended Silica fume Cement in Precast Concrete" other authors Pro-
fessor Mike Thomas U.N.B. Fredericton N.B. Don Hopkins, Kevin Kale of LaFarge Canada Inc.
REPRESENTATIVE PROJECTS
• Battery Wharf- Precast, Prestressed Wharf Panels 2005
• Wastewater Treatment Plants - Louisbourg N.S. Double Tees, Leger Beams 2006
• Brunway Construction -Trans Canada Highway New Brunswick Bridge Girders 2006 -2007
• Tweedie Brook South Main St.- Deck Slabs 2006
• Ocean Gateway -South Portland Me. Deck Slabs2006
• Payne Road - Portland Me. Deck Slabs 2007
• Church St. Overpass -St. Stephen N.B. Bridge Girders 2007
29
30 Powning Designs Ltd.
lightstudio I ARCHITECTURAL LIGHTING DESIGN
Luis Rocha
Toronto, Canada
Tel.: (416) 315 -3831
Tel.: (416) 278 -2572
Tel.: (905) 335 -9402
Philosophy
We advocate lighting design to be a process anchored in best - practices philosophy which includes aesthetics,
economics, engineering, planning & ecology...
Lighting is an important behavioural instrument as well as an adaptable design material. It uniquely completes
form and function; informs architecture, enhances products, communicates identities and articulates ideas.
Profile
Since 1997, Lightstudio has provided comprehensive interior and exterior lighting design and consulting ser-
vices to our clients. It is a partnership of 2 lighting design principals, with drafting and design support staff.
Our experience in lighting system design extends to concept development, master planning, historical renova-
tion, civic lighting, custom luminaire design and management of project lighting costs and schedules. We use
the latest in analysis and rendering software to prepare our lighting plans & documentation.
Services
Lighting Concept Development
Lighting Layouts & Specifications
Custom Fixture Design
Lighting Standards Development
Lighting Studies & Recommendations
Customer Lighting Problem Analysis
Budget Preparation
Landscape Lighting
Themed Lighting
LEEDO Documentation
Contact Us
e -mail: design @) lightstudio.com
O 2010 LIGHTSTUDIO INC., Toronto, Canada
PROPOSAL 2010- 993001P — Public Art — Saint John 225
216
Reference List for Peter Powning — Powning Designs Ltd.
Mitchell Cohen
CEO
The Daniels Group, 20 Queen Street West, Suite 3501, Box 50
Toronto ON M5H 3R3
work (416) 598 -2129
work fax (416) 979 -0415
mcohen @ danielscorp .com
Tom Dutton, Senior Vice President
The Daniels Group, 20 Queen Street West, Suite 3501, Box 50
Toronto ON M5H 3R3
work (416) 598 -2129
work fax (416) 979 -0415
tdutton Cu? danielscorp.com
Michael La Brier
President
Canderel Stoneridge Equity Group Inc.
1075 Bay Street, Suite 400
Toronto, Ontario M5 213 1
Tel: (416) 593 -6366 ext. 222
Fax: (416) 593- 6122/(416) 593 -0092
mlabrier@canderel.com
Eric Marr, CEO
Saint John Energy
325 Simms Street
Saint John NB E2L 4C7
1 (506) 658 -5266
eric.marr@ sjenergy.com
City of Moncton
Contact:
Colette McLaughlin
Community Development Officer, Culture / Agente de developpement communautaire, Culture
City of Moncton / Ville de Moncton
655 Main, Moncton, NB E1C IE8
T. 506.853.3587
F. 506- 859 -2629
colette.mclaughlin @ moncton.ca
RFP No. 2010- 993001 P - Public Art - Saint John 225
PUBLIC ART CONTRACT
THIS PUBLIC ART AGREEMENT ( "Agreement ") made as of September____, 2010 by and between:
THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick, City Hall, PO Box 1971, 15 Market Square, Saint John, NB E2L 4L1
(hereinafter called the "City"), and
POWNING DESIGNS LTD., a body corporate, 610 Markhamville Road, Markhamville, NB E4E 4H3
(hereinafter called the "Artist ").
WHEREAS the City solicited proposals for public artwork to be created, delivered and installed at a location as more
particularly described herein along Harbour Passage in Saint John, New Brunswick (the "Site ") pursuant to a Request
for Proposals — Public Art Opportunity (the "RFP ") to which the Artist submitted a proposal in response (collectively,
in accordance with the RFP, the "Project "); and
WHEREAS the City, with the participation and assistance of the Saint John 225 Committee and the Saint John
Community Arts Board (hereinafter collectively called the "Arts Board "), and other advisors and juries, approved the
proposal of the Artist in connection with the Project;
NOW, THEREFORE, the parties do hereby for valuable consideration covenant and agree as follows:
1. Delegation by City: The City hereby delegates the administration of this Agreement to David Logan, Purchasing
Agent, City of Saint John [506 -649- 6038). The Artist agrees to work with, and to cooperate fully with said
representative of the City.
2. Description of Artwork: Subject to and in accordance with the project, the Artist will create and install the
following work of art at the Site:
Title: Shards of Time
Dimensions: 16 feet in diameter, 18 feet wide and 10 feet high
Medium: stainless steel frame and reinforcing mesh; pigmented and stained concrete; cast bronze
Description of Work: Comprises a fragmented, reconstructed vessel form (e.g. bowl shape) emerging from the ground like a
half - exposed archaeological find. The various shards of the partially reassembled vessel will include on
their surface actual impressions of objects from the material cultures of past inhabitants up to the
modern era — from stone tools to cell phones.
(the above work of the Artist, together with the present and future artwork, concepts, ideas, drawings, maquettes,
models, samples, renderings and other work forming the subject matter thereof, and together further with all right, title
and interest (including copyright and any other intellectual and other property right, excluding only the Artist's moral
rights) therein and thereto, hereinafter collectively defined as the "Work ").
3. Standards of Performance: The Artist has familiarized him/herself with the Project, the Site and the local
conditions under which the Work is to be installed and maintained, and has communicated any material observations,
and any concerns, to the City.
4. Changes in Design: The Artist will create the Work in accordance with the Project and the approved design.
Recognizing that the shift in scale from model to full scale requires artistic adjustments, the Artist may, with the City's
prior consent, make minor changes in the frtal Work as is deemed aesthetically or structurally necessary.
5. Permanent Location: The permanent location of the Work will be at the Site, at the location thereon more
particularly shown and described in Attachment A.
217
RFP No. 2010 - 993001 P Public Art -Saint John 225
6. Price and Payment Schedule: Subject to the Artist's compliance with this Agreement and the Project, the City will
pay the Artist a total sum of Two Hundred Thousand Dollars ($200,000.00), plus applicable HST. Payment will be
made in the following sequence:
upon signing of this Agreement by the Artist and the City;
upon completion of one half (1/2) of the required construction or creation of the Work, in
accordance with this Agreement;
$ upon installation of the Work in its permanent location, in accordance with this Agreement;
$ upon inspection and final acceptance of the installed Work by the City and the receipt from
the Artist of the certification referred to in section 15 below and all maintenance instructions and photographic
and other documentation required under this Agreement; and
$20,000.00 plus applicable HST (being not less than ten percent (10 %) of the total sum shown above) upon
expiration of all applicable mechanics' lien and other statutory lien holdback periods, and the receipt from the
Artist of satisfactory independent written evidence that no such liens exist.
To receive payments subsequent to the initial payment, the Artist will submit a billing or invoice to the City when each
of the stages outlined above have been reached, together with a written certificate of the Artist that such stage has been
successfully achieved under the Agreement.
7. Final Acceptance: Final acceptance will be reached when the City signifies that the Work has been completed and
installed according to terms of this Agreement. Sole ownership of the Work by the City occurs when a letter of final
acceptance is sent by the City to the Artist. Such letter will initiate the final payment process, and (subject to applicable
holdback requirements) final payment will be made within thirty (30) days of the date of acceptance. Copies of the
letter of acceptance will be forwarded to the Arts Board.
8. Assignment of Work and Services: The work and services of the Artist are personal and will not be assigned,
sublet or transferred. This prohibition of assignment does not prevent the Artist from employing qualified personnel
who work under the Artist's supervision,
9. Artist as Independent Contractor: The Artist agrees to perform all work under this Agreement as an independent
contractor and not as an agent or employee of the City. The Artist as independent contractor will furnish all
supervision, labour, materials, equipment, supplies, other incidentals, as well as storage, transportation, shipping, and
installation of the Work.
10. Inspection and Review: The City has the right at reasonable times and with advance notice to review the Work
while in the process of execution and to request and receive progress reports. The City will have the right of entry at all
reasonable times to the premises where work is being done and/or where materials for the Work are stored for purposes
of inspecting the Work and materials and for determining their state of progress; and for recovering the Work or
materials in the case of default by the Artist under this Agreement.
11. Installation Time Schedule: The Artist will begin work on or before receipt of the first payment due, and will
complete the Work and installation thereof by the date of July _, 2011, unless that date is extended by the City, in
which case it will become the responsibility of the Artist to store the Work before its installation. In the event that the
Work and the installation are not completed by the above date, the Artist will incur a penalty of one percent (1 1/6) of the
remaining balance which would be due the Artist upon completion and installation under this Agreement for each day
after the above date until completion of the Work and installation. The Artist will notify the City and the Arts Board of
installation times and dates at least 14 days prior to installation.
12. Documentation and Records: Within thirty (30) days of installation of the Work, the Artist will furnish the City
with at least six (6) separate first class digital images (in jpeg format, or as otherwise reasonably requested by the City)
N
218
rtr
RFP No. 2010- 993001 P — Public Art — Saint John 225
of the Work and (if requested) a minimum of six (6) professional quality 35mm slides and two (2) 8 "x 10" colour glossy
photographs of the Work, and will provide a full written narrative description of the Work.
13. Public Notice: The City agrees to provide and install an identification plaque for the Work within six (6) months of
the final acceptance date. The written contents of the plaque will include at least the following information:
Title of Artwork: Shards of Time
Year: 2011
Artist: Powning Designs Ltd. [Peter Powning and Jake Powning]
Commissioned by: The City of Saint John for its citizens and visitors, in recognition of the City's 22P anniversary and its
designation as a Cultural Capital of Canada for 2010, and pursuant to the City's Arts and Culture
Policy.
The plaque will be of such medium and design as to be appropriate to the Work itself and the permanent location of the
Work, and the Artist will be consulted as to design. In the case of a series of Works, the Artist and the City will reach
agreement in writing concerning the number of plaques needed for appropriate identification.
19. Warranties and Transfer: The Artist will promptly repair or replace, at no cost to the City, all defects in materials
or workmanship of which the Artist has been properly notified within a period of one (1) year from date of completion
(including final installation) of the Work. The Artist represents and warrants to the City that the design of the Work is
the original product of the Artist's own creative efforts. The Artist further represents and warrants to the City that: (i)
the Artist holds all intellectual and all other property rights associated with the Work and has not assigned or transferred
any right, tilde or interest in the Work to any other person or entity; and (ii) the Artist holds all rights necessary to give
full force and effect to this Agreement. The Artist hereby agrees that all right, title and interest in the Work are
delivered, and the Artist hereby grants, assigns and transfers, to the City the Work, free and clear of any liens, claims
and encumbrances of any kind arising from any source whatsoever.
15. Indemnity and Liability: The Artist hereby, at the Artist's own cost and expense, indemnifies, saves harmless and
defends the City, and its respective directors, officers, elected officials, agents, consultants, employees and members,
from and against all claims, damages, losses and expenses, including legal fees, arising out of, or resulting from, the
performance by the Artist under this Agreement or the breach or failure of the Artist so to perform hereunder, provided
that such claim, damage, loss or expense is caused, in whole or in part, by any negligence, default, breach, act, or
omission of the Artist, or of anyone directly or indirectly employed or retained by the Artist, or anyone for whose act
the Artist may be liable. The Artist further indemnifies, saves harness and defends the City, and its respective
directors, officers, elected officials, agents, consultants, employees and members from and against any claims or liens of
the Artist's subcontractors, and his, her and their labourers, employees, materialspersons, mechanics, and suppliers.
The extent of the indemnification provisions herein will not be limited by any provision for insurance contained in this
Agreement. Before final payment is approved, the Artist will supply a completed certification of payment of all debts
and claims relating to the Work and a lien release.
16. Insurance: Prior to the execution of this Agreement, the Artist will provide the City with a certificate or certificates
evidencing automobile liability insurance and commercial general liability insurance, each policy being in an amount of
not less than $1,000,000.00 combined single limit for each occurrence, and providing the City with thirty (3 0) days
written notice prior to cancellation. The commercial general liability insurance will name any subcontractors employed
or retained by the Artist and will include (and the certificate provided to the City will disclose): (i) operations of the
Artist in connection with this Agreement; (ii) products and completed operations coverage; (iii) contractual liability
with respect to this Agreement; (iv) the City added as an additional insured; (v) a cross liability clause; and (vi) owned
and non -owned automobile coverage.
17. Compliance with Laws: In the performance of this Agreement and provision of the Work, the Artist will comply
with all applicable workplace, health and safety laws and all other federal, provincial, municipal and local laws, by-
laws, rules and regulations.
219
RFP No. 2010- 993001 P - Public Art -Saint John 225
19. Maintenance: As a condition of, and prior to, final acceptance of the Work, the Artist will supply the City with
written maintenance instructions. During the Artist's lifetime, the Artist will supply, at no charge, advice as to problems
arising in relation to maintenance of the Work.
20. Repairs: The City will make every reasonable effort to consult with the Artist in all matters concerning repairs and
restoration of the Work. All restoration work will be done in accordance with proper restoration and conservation
standards in Canada.
21. Relocation: The Work will be placed in the location for which it was selected. The City agrees that the Artist will
be notified if, for any reason, the Work has to be removed or moved to a new location.
22. Ownership of Documents and Models: Drawings, specifications, and models of the Work, or which relate to the
Work, including all preliminary studies, remain the property of the City following proper completion of the Work under
this Agreement or following termination of this Agreement by the City where caused by the default of the Artist. All
such drawings, specifications, and models of the Work, or which relate to the Work, including all preliminary studies,
will not be used by the Artist on other projects or extensions of this Project except where agreed by the City pursuant to
a subsequent agreement in writing between the Artist and the City.
23. Notice: The Artist agrees to notify the City of changes in the Artist's address within ninety (90) days of that
change, and failure to do so will be deemed a waiver of Artist's rights contained in this Agreement. All
communications and notices required or permitted under this Agreement will be in writing and will be deemed
sufficiently served if hand delivered or sent by registered mail or prepaid courier.
24. Termination: This Agreement may be terminated by the City upon written notice to the Artist in the event of
failure by the Artist to perform in accordance with the terms of this Agreement. Nothing in this Agreement abrogates or
limits any claims which the City may have against the Artist for failure to perform in accordance with this Agreement,
including any claim for reimbursement of funds advanced to the Artist under section 6 above.
25. Non - Waiver: Except as expressly provided in this Agreement, no failure or waiver or successive failures or
waivers on the part of either party hereto, their successors or permitted assigns, in the enforcement of any condition,
covenant or article of this Agreement operates as a discharge of any condition, covenant or article, or renders the same
invalid, or impairs the right of either party hereto, their successors or permitted assigns, to enforce the same in the event
of any subsequent breaches by the other party hereto, its successors or permitted assigns.
26. Modification of this Agreement: This Agreement may be amended or modified only if in writing and signed by the
parties, and represents (together with all terms and conditions of the RFP in connection with the Project) the entire
agreement of the parties.
27. Inurement and Binding Effect: This Agreement inures to the benefit of the City, and its successors and assigns,
and is binding upon the Artist.
Witness: THE CITY OF SAINT JOHN
By:
[Mayor]
By:
(Common Clerk]
Resolution Date: September _, 2010
POWNING DESIGNS LTD.
By:
[Peter Pawning - President]
2
220
RESOLVED that Common Council accept the
recommendation of the Saint John 225 Public Art Jury and
the Saint John 225 Committee and award RFP No. 2010 -
993001P respecting the purchase of a permanent
installation of public art to Powning Designs Ltd.,
Markhamville, New Brunswick respecting its proposal and
supplemental proposal entitled "Shards of Time", and that
the Mayor and Common Clerk be authorized to execute,
on the City's behalf, the "Public Art Contract" which forms
part of RFP No. 2010- 993001P with Powning Designs Ltd.
after the City Manager and the Commissioner of Finance
have established the quantum of each payment to be
made to Powning Designs Ltd, at each of the intervals
stipulated in the "Public Art Contract ".
221
tai
� '� t)
x ,�
C1 K .
Budget Submission for City of Saint John
to
His Worship the Mayor Ivan Court
Members of Common Council
Deputy Mayor Stephen Chase
Councillor Chris Titus
Councillor Peter McGuire
Councillor Patty Higgins
Councillor Bill Farren
Councillor Gary Sullivan
Councillor Carl Killen
Councillor Donnie Snook
Councillor Bruce Court
Councillor Joe Mott
222
His Warship the Mayor Ivan Court & Members of Common Council
PO Box 1971
Saint John, NB E21- 4V1
September 7, 2010
Dear Mayor Court and Members of Common Council,
{j rj f i4J Budget time is one of the most important periods each year for Cherry Brook Zoo.
Budget decisions affect not only the Zoo's status as an accredited institution; they
determine its very survival. The enclosed documents are submitted in support of a request
901 Foster Thurston Drive from Cherry Brook Zoo for municipal funding in the year 2011 to offset the projected deficit.
Saint John, NB E2x 5H9 Cherry Brook Zoo has developed diversified streams of revenue generation. It
Phone (506) 634 -1440 operates a number of business ventures under the banner of Cherry Brook Zoo. In addition
Entail noahsark@rogers.cam to the Zoo being a place of conservation, education and recreation, it is also a place where
www.cherrybrookzoo.eom people go shop, attend business seminars, host large and small gatherings and even play
miniature golf. Major increases in bookings for seminar services and corporate functions
together with increased retail sales are factors that have enabled the Zoo to hold the
% annual deficit to its current level. Continued growth in these areas is anticipated in 2011
V " ,yC7.gd," -" y due to planned expansion of product lines and technology - enhanced service offerings.
The deficit issue is made even more critical in the upcoming year as the Zoo is due
BOARD OF TRUSTEES to be re- accredited by the Canadian Association of Zoos and Aquariums no later than
2012. As you are aware, the financial stability of Cherry Brook Zoo has been a serious
question for CAZA in years past. The City's financial support over the past 2 budget years
Lynn Smith has been viewed as a positive move by CAZA, together with Council's recommendation
Chair that steps be taken to have the Zoo placed under the Regional Facilities Commission. It is
Sam imperative that stable funding is in place before our next scheduled accreditation
shave inspection or we will fail to be accredited due to lack of financial stability.
Vice ce Chair
The Zoo has been diligently following Council's direction with respect to working on
Dr. John S. Mackay the Regional Facilities Commission issue. Formal presentations on the regional nature of
Past Chair the Cherry Brook Zoo were made to Rothesay and Quispamsis with positive results. Your
leadership and foresight in this budget proposal will be the catalyst in bringing the outlying
Maggie Zed communities to the table and will secure the financial wellbeing and stability that our
.lames (Rory) Grant national association is looking for in terms of reaccreditation in the near future. We are
Dr. Stephen Justason DVM submitting with this document a CD copy of the presentations that contain very informative
Brian D. Munro statistics.
Theresa Mullin
Alice O'Neill The Zoo will continue working with provincial representative and Council to move
Mac Trueman the matter toward changed legislation. We appreciate that the City of Saint John has taken
a leadership role in this endeavour and in budgeted financial support. If you have any
questions or require any further clarification do not hesitate to contact us.
Respectfully submitted
Lynn Smith,
Chaff Board of Trustees Cherry Bro. o-�k `Zoo Inc.
DIRECTORS 7 a
Leonard M. Collrin
Lynda Collrin Ex Officio Lynda ol'rin,
Volunteer Director Zoo Development, Cherry Brook Zoo Inc.
Discovering Our Fast
Protecting Our Future A Registere =d Irrc$QSnraied N(rrt -Profit (;13arital )!e Otgrsnizatioti 1977
Cherry Brook Zoo continues to be a valued community partner, contributing both financial
sponsorship and in -kind support to a wide range of area organizations and fundraisers.
In -kind support includes passes to the Zoo and miniature golf course as well as retail product
to be offered as prizes or in auction fundraisers. Enclosed in this section you will find just a
few letters to illustrate the Zoo's support. Organizations supported either financially or in -kind
have included:
• Pro Kids
• Hestia House
• Family Plus
• Saint John Police ID Kits
• Belfast Children's Vacation Fund
• Big Brothers — Big Sisters
Multicultural Association
• Children's Wish Foundation
• St. Joseph's Hospital Foundation (Dragon Boat Races)
• Regional Hospital Foundation (various programs)
• Breast Cancer Research Fundraising
• IWK Fund Raiser
• School Fund Raisers for many Districts 6 & 8 schools
• A large number of individual community fund raising events
Another area where Cherry Brook Zoo provides community support is through the many
learning opportunities for our communities' young people. The Zoo offers work
experience for course credit through specific affiliations with numerous universities and other
post - secondary institutions. In addition, the Zoo provides the opportunity to learn through
summer employment.
In the past year, the Zoo employed 11 full -time and one part-time student from our region,
either through summer employment programs or direct hiring by the Zoo. As evidence of the
value of this work opportunity, we submit in this section a copy of the Summer Work
Experience Report prepared by one UNBSJ Business student as part of her participation in the
provincial 2010 SEED program. This report reflects the kind of varied and career enhancing
learning that the Zoo is able to provide youth within our communities.
224
0
225
[SUMMER WORK EXPERIENCE] I : September9,2010
When most students in my Business Administration- Accounting class say that they had
a summerjob, they talk about the office building they worked in or the piles of paper work that
they had to photo copy and organize. My summer job was just a bit different. My clients were
hairy, fury, and feathery. They didn't demand to much just some water, food, and a little
attention. There were days when my clients would growl or squeak at me and there were other
days were my clients just wanted to bath in the sun.
I am sure that you have figured out by now that I did not have an office job this summer.
Instead, I had the wonderful experience of working at the Cherry Brook Zoo located on Foster
Thurston Dr. Saint John, N B. My title for the summer was Assistant Zoo Keeper, but I feel that
Jack -of -all- Trades would have been more suiting as my day to day work was never the same.
Some days that I came I could be helping with animal enrichment, feeding the animals, giving
zoo camp a hand, assisting the retail shop with inventory, working on the Animal Record
Keeping System (ARKS), creating a record system for zoo camp, or even giving a guided tour of
the zoo.
I know that you must be wondering how working at a zoo for the summer will help me
in the area of business but let me assure you by explaining a little bit more about each of my
experiences here:
0 Animal enrichment & feeding the animals -Animal happiness is a pivotal factor in a zoo.
If your guests see your animals are unhappy it will reflect poorly on your establishment.
11 Page
226
[SUMMER WORK EXPERIENCE] September9,2010
In a way it's just like any other business because you have to keep your customers
(guests) and employees (animals) happy.
• Zoo Camp- Working with children takes patience and practice. The same can be said
about working with some clients. Some clients require more attention (younger zoo
campers) and others need less attention (older zoo campers).
+ Inventory with the retail shop- Inventory is a pure numbers game. First you want to
make sure that what you ordered is what you received. You then want to check and
make sure that the quantity that you ordered is what they shipped to you or if some
was back ordered. After making sure that everything was shipped correctly and your
prices were right, you have to make sure that the items are in your system for the
correct PLU and price.
• ARKS- Record keeping is a big part of any company. With no record of what happened in
the past it would be hard to work towards a future. Every animal at the Cherry Brook
Zoo is entered into the ARKS program and updated every time something happened to
that animal.
* Zoo camp record keeping- Having a system to enter campers into makes for easy
retrieval of information and saves repetitive information. Every business has a way of
keeping records, but being able to create a system takes a little bit more knowledge.
• Guided tour of the zoo- There is a difference between knowing a company and just
working for a company. To truly know your company inside and out is an asset. Your
21 Page
227
[SUMMER WORK EXPERIENCE] September i
passion for the company will come alive, just as it did for me by telling guests of the zoo
the things that they don't get to see that sometimes happen behind the scene.
I truly believe that the experience I had while working at the Cherry Brook Zoo will help my
future in the business world. Although I didn't work in an office or file papers away, the
knowledge that I gained this summer will outweigh any other summer position at a regular
business.
228
3 1 P a g e
Che
Enclosures:
SAINT JOHN, NEW BRUNSWICK
Budget (Excel) Revenues & Disbursements
Budget Overview
Budget Rationale
Capital Projects
List of Board of Trustees
229
Cherry Brook Zoo Inc, Statement of Operating Revenues & Disbursements
Budget Submissions & Forecasts: 2009 - 2014
_
Budget
Budget YIE
Budget
Budget YIE
Budget
Budget
Budget
Budget
Revenues
Submitted
Actual
Submitted
Forecast
Submitted
Forecast
Forecast
Forecast
for 2009
2009
for 2010
2010
for 2011
2012
2013
2014
Gate Income/ Friends of the Zoo
$
145,000.00
$
147,380.00
$
151,794.00
$
150,000.00
$
152,000.00
$
152,000.00
$
152,000.00
$
152,000.00
Donations
$
50,000.00
$
35,028.00
$
45,000.00
$
36,000.00
$
40,000.00
$
40,000.00
$
40,000.00
$
40,000.00
Retail Sales
$
31,000.00
$
29,467.00
$
30,000.00
$
34,000.00
$
35,000.00
$
35,000.00
$
35,000.00
$
35,000.00
Seminars /Canteen /Parties
$
21,000.00
$
33,476.00
$
21,000.00
$
38,000.00
$
38,000.00
$
38,000.00
$
38,000.00
$
38,000.00
Spec, Event- Fund Raising
$
45,000.00
$
41,995.00
$
45,000.00
$
42,000.00
$
42,000.00
$
42,000.00
$
42,000.00
$
42,000.00
Select 100 campaign
$
1,260.00
$
-
Miniature Golf
$
13,428.00
$
13,000.00
$
12,500.00
$
13,500.00
$
13,500.00
$
13,500.00
$
13,500.00
Sub total
$
293,260.00
$
300,774.00
$
305,794.00
$
312,500.00
$
320,500.00
$
320,500.00
$
320,500.00
$
320,500.00
Disbursements
Wages/Employee Benefits
$
209,425.00
$
215,837.00
$
207,425.00
$
220,000.00
$
224,000.00
$
224,000.00
$
224,000.00
$
224,000.00
Workers Comp.
$
3,000.00
$
3,000.00
$
3,000.00
$
2,500.00
$
2,600.00
$
2,600.00
$
2,600.00
$
2,600.00
Pro ert Taxes
$
8,232.32
$
8,232.32
$
8,232.32
$
8,300.00
$
8,300.00
$
8,300.00
$
8,300.00
Heat/Lights/Power
$
24,500.00
$
20,809.00
$
24,500.00
$
22,000.00
$
22,000.00
$
22,000.00
$
22,000.00
$
22,000.00
Telephone Services
$
5,500.00
$
5,177.00
$
5,500.00
$
5,100.00
$
5,100.00
$
5,100.00
$
5,100.00
$
5,100.00
Uniforms
$
1,000.00
$
1,906.00
$
1,000.00
$
1,500.00
$
1,500.00
$
1,500.00
$
1,500.00
$
1,500.00
Animal Purchase
$
20,000.00
$
5,081.00
$
20,000.00
$
8,000.00
$
20,000.00
$
20,000.00
$
20,000.00
$
20,000.00
AnimalCare - medical
$
8,500.00
$
8,995.00
$
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
Animal Feed
$
18,500.00
$
16,515.00
$
18,500.00
$
18,500.00
$
18,500.00
$
18,500.00
$
18,500.00
$
18,500.00
Vehicle Expense as, repairs, insur
$
16,000.00
$
12,285.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
Professional Memberships
$
3,500.00
$
3,182.00
$
3,758.00
$
5,600.00
$
3,600.00
$
3,600.00
$
3,600.00
$
3,600.00
Training & Development
$
7,350.00
$
3,517.00
$
6,000.00
$
4,000.00
$
6,000.00
$
6,000.00
$
6,000.00
$
6,000.00
Repairs & Maintenance
$
25,000.00
$
22,587.00
$
25,000.00
$
24,000.00
$
25,000.00
$
25,000.00
$
25,000.00
$
25,000.00
Miniature Golf
$
11,000.00
$
1,221.00
$
3,500.00
$
1,250.00
$
2,500.00
$
2,500.00
$
2,500.00
$
2,500.00
Advertising & Promotion
$
15,000.00
$
4,576.00
$
15,000.00
$
10,200.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
Bank Charges - all accounts
$
3,300.00
$
4,124,00
$
3,788.00
$
4,200.00
$
4,200.00
$
4,200.00
$
4,200.00
$
4,200.00
Professional Fees
$
5,500.00
$
5,195.00
$
5,500.00
$
5,700.00
$
5,500.00
$
5,500.00
$
5,500.00
$
5,500.00
Insurance (property and liability)
$
11,000 .00
$
9,875.00
$
11,000.00
$
10,000.00
$
11,000.00
$
11,000.00
$
11,000.00
$
11,000.00
Office & Administration
$
15,000.00
$
20,907.00
$
15,000.00
$
19,000.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
Miscellaneous
$
1,000.00
$
1,855.00
$
1,000.00
$
1,000.00
$
1,000.00
$
1,000.00
$
1,000.00
$
1,000.00
Fundraising/Special Events
$
10,000.00
$
8,052.00
$
8,000.00
$
8,000.00
$
8,000.00
$
8,000.00
$
8,000.00
$
8,000.00
Seminars /Canteen /Parties
$
10,500.00
$
18,840.00
$
10,500.00
$
19,500.00
$
13,500.00
$
13,500.00
$
13,500.00
$
13,500.00
Equipment
$
6,500.00
$
13,992.00
$
6,500.00
$
10,000.00
$
6,500.00
$
6,500.00
$
6,500.00
$
6,500.00
Retail purchases
$
15,000.00
$
15,194.00
$
16,000.00
$
17,500.00
$
15,000.00
$
15,000.00
$
15,000.00
$
15,000.00
Truck Bank Loan
$
6,000.00
$
5,542.00
$
6,000.00
$
5,550.00
$
5,550.00
$
5,550.00
$
5,550.00
$
5,550.00
Security non e u ment
$
16,185.00
$
6,185.00
$
6,185.00
$
6,185.00
$
6,185.00
$
6,185.00
$
6,185.00
$
6,185.00
Sub total disbursements
$
468,260.00
$
442,681.32
$
455,888.32
$
462,517.32
$
470,535.00
$
470,535.00
$
470,535.00
$
470,535.00
Net Gains loss operational
$
175,000.00
$
141,907.32
$
150,094.32
$
150,017.32
$
150,035.00
$
150,035.00
$
150,035.00
$
150,035.00
Quis amsis Donation
$
5,000.00
City of Saint John Grant Received
$
50,000.00
$
60,000.00
Year End /Deficit
$
175,000.00
$
91,907.32
$
(150,094.32),
$
85,017.32
230
Cherry Brook Zoo Inc.
Operational Budget Request 2091: Overview
Budget Request Submitted for 2010 Funding
Projected Revenues $305,794.00
Disbursements Projected $455,888.00
Request to cover operational deficit
City Grant Awarded
Budoet Request Submitted for 2011 Funding
Projected Revenues $320,500.00
Disbursements Projected $470,535.00
Request to cover operational deficit
$150,094.00
$ 60,000.00
$150,0035.00
Using current data, we forecast that operational costs in 2010 will have risen
by 4.48% ($19,836.00)
We further forecast that by year end 2010 operational revenues will have increased
by 3.90% ($11,726.00). Combined with the increased City Grant for 2010 this has allowed
the Zoo to maintain the same deficit level and therefore request as last year.
What has changed substantially is the Zoo's ability to continue to cover annual operational
deficits by drawing funds from its capital Growth and Enhancement Fund. At year end
2004 this Fund stood at $415,000.00 since then, in spite of additional bequests each year
placed into this Fund it now stands only $165,789.00 to date.
The implication of this dire situation are two fold:
1. Accreditation
The Zoo is due to be re- accredited within the next twelve months. Stable operational
funding is a requirement of accreditation status. Utilizing our dwindling capital fund is
simply not acceptable to CAZA. The loss of accreditation would mean the immediate
removal of all SSP animals which would include our Tigers, Snow Leopard,
and all primate species.
2. Revenues
The loss of these animals combined with the inability to make major improvements would
mean a dramatic drop in revenue.
It is the Zoo's hope that efforts to place Cherry Brook Zoo under Regional Facilities
Commission will be successful for 2011 thus providing stability of funding and will assure
re- accreditation and the opportunity to leverage our Growth and Enhancement Fund for
Capital improvements thereby improving revenues.
231
i M
BUDGET LINE
NOTES
Budget Summary/Revenue total does not include: _ l
(a) Wage reimbursement amounts for Summer Students from Provincial,
Federal And Aboriginal programs (: (2009 - $36,953)
(b) Environmental Damage's Fund grant for subsidize additions to the
Awareness Center (2009 = $6345)
(c) Value of Volunteer — approximately 5000 man hours are donated
annually in support of zoo activities especially in revenue - generating
General
special events, repairs and maintenance, catering and animal
Notations
enrichment.
Grants from the City of Saint John for 2009 and 2010 are placed at the bottom
of the budget to show remaining deficits.
Budgets for years 20112 — 2014 are based on the projected revenues and
disbursements for 2011, plus or minus 2.5% and subject to adjustment due to
placement of the Zoo under the Regional Facilities Commission.
Visitation and gate revenue is up approximately 2% in 2010 compared to
figures for 2009 — and would have been significantly higher except for the very
hot/humid weather that marked late July and August.
Cherry Brook Zoo's visitation growth in the current year stands in marked
contrast to the declining trend of other facilities in this sector. NB Tourism
reports to July 31 that here has been an overall drop of 7% compared to 2009
for the Zoos & Aquariums category, and an overall drop in accommodations
occupancy for the province of 12 %.
The ability to not simply 'hold our own' but show modest growth is a reflection
of the additional dollars allocated for advertising and promotion in 2010. Much
of this increased promotional activity was possible due to the increased City
Gate Revenue &
grant for 2010.
Visitation
The increase over 2009 figures can be attributed to a substantial increase in
marketing and promotion efforts undertaken by the zoo. (See advertising line
under disbursements.)
The introduction of a City Transit Route to the zoo is much appreciated but the
existing schedule (leaving out weekends) has not served to dramatically
increase the number of visitors to the zoo. We hope that changes in route
schedules can be made in the future.
Also contributing to growth is a dramatic increase in Zoo website visitation.
Compared to the same period in 2009, website visits are up more than 60% -
over 20,000 visits and 63,000 individual page views to date this year. 72% of
visitors viewed 2 or more pages per visit and 55% of visitors spend more than
1 minute on the site (significant in 'web terms').
232
The zoo has expended a considerable amount of time gathering data to move forward on
Mayor and Council's recommendation that the zoo be placed under the Regional Facilities
Commission. Success in this endeavour will meet the financial stability requirement stressed
by CAZA and assure continued presence of the Zoo as a major area attraction.
Formal presentations were made to the town councils of Rothesay and Quispamsis;
unfortunately the Town of Grand Bay - Westfield declined our request to appear.
These presentations, stressing the regional nature of the zoo, were warmly received. (See CD
copy of Power Point Presentation included in Appendices) The Town of Quispamsis gave a
donation of $5,000.00 and recommended that the Regional Facilities Commission be
approached directly. The Town of Rothesay sent a strong letter of support for inclusion in
Regional Facilities.
233
In the YE audited statement for 2009, the amount recorded for donations is
$138,257. It should be noted that this figure reflects total donations including
cash and in -kind goods and services.
$88,454 of the amount came from Estate Bequests and, as per the Zoo's
regular financial policy, was placed into the Growth and Enhancement Fund.
While this Fund is intended for capital expenditures, a Board resolution allows
for its use when required to offset annual operational deficits. Unfortunately,
this has been the case for the past decade — money intended to 'grow the
Donations
Zoo' and replace aging structures has be used to 'keep the gates open'.
$14,774 of the donation total for YE 2009 audit is the amount received as in-
kind donations of goods and services. These donations have been critical for
maintenance and repair activity allowing us to maintain the minimum standard
for an accredited zoo.
$35,029 is the actual amount received in general donations in 2009. The drop
in donations is not surprising given the past years recession impact and all
charities are drawing from the same pool for funds.
The Zoo has surpassed the total for YE 2009 by approximately 13 %. This is
Retail Sales
due to two factors
1. Increased visitation
2. New product line sources
Although the zoo had projected a decrease in previous year's submission, in
Canteen, &
fact this line has increased from YE 2009 by approximately 15 %. The growth
Parties
in seminar revenue has more than offset a decrease in birthday parties and
continued growth is anticipated.
The zoo has expended a considerable amount of time gathering data to move forward on
Mayor and Council's recommendation that the zoo be placed under the Regional Facilities
Commission. Success in this endeavour will meet the financial stability requirement stressed
by CAZA and assure continued presence of the Zoo as a major area attraction.
Formal presentations were made to the town councils of Rothesay and Quispamsis;
unfortunately the Town of Grand Bay - Westfield declined our request to appear.
These presentations, stressing the regional nature of the zoo, were warmly received. (See CD
copy of Power Point Presentation included in Appendices) The Town of Quispamsis gave a
donation of $5,000.00 and recommended that the Regional Facilities Commission be
approached directly. The Town of Rothesay sent a strong letter of support for inclusion in
Regional Facilities.
233
Budget Rationale: Disbursements
BUDGET LINE
NOTES
This budget line reflects costs for full -time and part-time staff only and does
not include those summer students whose wage costs are reimbursed.
The increase in this budget line is due to several factors:
(a) Increase in fees charged for group health insurance for full-time staff
Wages, MERCs
(b) Increase in minimum wage (which also increased MERCs)
& Benefits
(c) Because the number of student hours allocated to the Zoo under
SEED was decreased this year the Zoo had to pay additional hours
directly in order to maintain the same staffing level as previous years
during our busiest period.
The zoo staff continues to be paid at rates below industry standards
Staff levels continue to be far less than even a decade ago which is most
strongly in the areas of maintenance and security personnel.
Due to being in a deficit position, the Zoo did not make any animal purchases
as budgeted in 2010. The figure of $8,000.00 reflects the cost of specialized
transportation for three SSP (International Species Survival program) animals:
Siberian tiger from Cherry Brook Zoo to Assiniboine Zoo in Winnipeg, Siberian
tiger and Geoffrey's —Sack Handed spider monkey from Toronto Zoo to
Cheny Brook Zoo.
Animal
For 2011 we have reintroduced a budget of $20,000 which reflects an
Purchases
appropriate percentage of budgets for animal purchases as recommended by
CAZA (Canadian Association of Zoos and Aquariums). This does not reflect
expansion but rather needed replacement purchases as aging stock dies off
and the purchase of companion additions for single animal exhibits.
Our ability to expand is inhibited by the financial inability to construct
new /replacement facilities through capital expenditure as at this time the
Growth and Enhancement Fund must be allocated to cover operational
deficits.
The $25,000 allocation is required to maintain aging structures (most over 30
years) at a minimum level of repair. This is not considered adequate,
Repairs &
especially in light of growing costs. Stabilized funding would allow the Zoo to
Maintenance
increase this budget line which would do much to enhance visitor experience
and animal enrichment.
234
Cherry Brook Zoo continues to promote its operation through paid
memberships in the following organizations:
• Saint John Board of Trade
• Kennebecasis Valley Chamber of Commerce
• Cruise Saint John
• A La Carte (marketing network of local tourism partners)
• Stonehammer Project
• TIANB (Tourism Industry Association of New Brunswick)
Professional Membership Fees paid at the nationallinternational level include
Memberships the following:
• CAZA, Canadian Association of Zoos and Aquariums
• AZA, American Association of Zoo and Aquariums
• WAZA, World Association of Zoos and Aquariums
• NARG, Nutrition Advisory& Research Group (for Canadian zoological
institutions)
• IUCN, International Union for Conservation of Nature
• IPPL, International Primate Protection League
• ARKS, Animal Record Keeping System, (Global }
• ZIMS, Zoological Information Management System, (Global)
This line reflects more than double the amount spent in 2009 but less than the
amount budgeted due to financial constraint. Some major expenditures
centered around:
1, The purchase and production of a video ad to appear on the City of
Saint John's web site.*
2. Monitor advertising in Cruise Terminal and advertisement in Crew
Brochure
3. Brochure Advertising with A La Carte (a marketing network o area
Advertising & tourism partners
Promotion 4. New front entrance signage on Foster Thurston Drive
Increased advertising is having a definite positive effect in increasing zoo use.
The amount for 2011 has been increased by $5,000.00 but still falls far short
of the amount that should be spent to generate a more substantial increase in
zoo usage.
( *The city website video ad is to appear sometime this fall so therefore cannot
predict impact on visitation.)
235
Cherry Brook Zoo Board of Trustees 2010/2011
Lynn Smith —Chair
Sam Shaw —Vice Chair
141 Manners Sutton Road
3 Eydie Drive
Saint John, NB E2K 2E2
Rothesay, NB E2C 4Z2
Work 634 -6004
Phone 849 -8243
Home 634 -1841 ce11647 -3403
Fax 849 -8243
Email Ismith @nbnet.nb.ca
Email shaws @nbnet.nb.ca
Dr. John S. Mackay — Past Chair
Maggie Zed
2788 Rothesay Rd.
65 Park Drive
Rothesay, NB E2H 212
Rothesay, NB E211 1A5
Home 847 -3809
Home 847 -4158
Email saorsa doctors.or .uk
Cell 1- 902 - 448 -3522
Email maeeiezC@roeers.blackberrry.net
Dr. Stephen Justason, DVM —Zoo Vet.
Theresa Mullin
Sussex Animal Hospital
5 Horsier Drive
11 George Street
Saint John, NB E2M 4B4
Sussex, NB E4E 2A3
Phone 633 -0236
Phone (506) 433 -3538
Cell 647 -8694
Email sah @nb.aibn.com
Email tmullinl @symaptico.ca
Alice O'Neill
Brian D. Munro - Legal Advisor
60 Swanton Dr.
162 Metcalf Street
Quispamsis, NB E2E 4T2
Saint John, NB
Home — 847 -3395
Phone 657 -6989 cell 639 -5582
Email aotigers @earthlink.com
Fax 693 -6216
Email bdmkma(@yahoo.ca
Mac Trueman
James story Grant
426 Kennebcasis River Road
2956 Rothesay Road
Hampton, NB E5N 61_3
Rothesay, NB E2E 5U4
Phone 832 -4935
Phone
Email mtruemanO_nbnet.nb.ca
Email
Richard Demone — leave of absence
89 Marr Road
Rothesay, NB E2E 3.19
Phone Work 847 -5685 Home 849 -7760
Email demone rick @hotmail.com
Leonard M. Collrin - Chief Administrative Director
Lynda Collrin — Sec/ Treasurer: ex- officio; Volunteer Director of Zoo Development /Primatologist
236
CAPITAL PROJECTS SUMMARY
Note: this is not a request for capital funding but rather an information only report.
These projects will be funded through a series of capital campaigns once operational
funding is stabilized.
Zoo Camp Facility
Sponsored by Greater Saint John Community Foundation, YCAP, and Volunteers
Awareness and Discovery Center
Sponsored by Federal Environmental Damages Fund (cost - shared with Zoo)
Awareness Cave
Sponsored by the Voluteers of Cherry Brook Zoo
Capital Projects proposed for next 5 years:
Insectavorium
cost estimate $60,000
mid term project
Butterfly Exhibit
Cost estimate $60,000
Mid term project
*Primate Building
Cost estimate $550,000
Short to mid term
project
Year Round Miniature Golf
' Currently researching
and Low Impact
building options. The basic
Mid to long term
Recreational Center
component course was put
project
in place outdoors in 2008
New Food Service Delivery
I
Short term project
System
-To be identified
iii) Capita Projects to be assessed for future development: 5 -7 years
Overnight quarters for enhanced night time Zoo experience for visitors - $425,000.00
New programming aimed at youth ages 14 -17
New exhibit tied to Aboriginal Medicine Wheel & Herb Garden —
Parking and pathway upgrades required throughout zoo — short term
237
iv) Animal purchases — next 1 -5 years
Female Black Handed Spider Monkey — mate for SSP male
Female DeBrazza Monkey — mate for SSP male
Breeding group Wallaby's -
Female Grant or Grevy Zebra to eliminate single animal display
Consider Wolf Species — Artic possible
When new primate building is complete the older building will
be renovated to a mixed mammal exhibit - sloths, meerkat,
others to be determined $35,000.00
238
short term
short term
short term
short term
mid term
mid term
CA# h
OF-
I—Wdf�
Enclosures:
The Cherry Brook Zoo in our Community
239
Cherry Brook Zoo continues to be a community partner, contributing both
financial sponsorship and in -kind support (passes and auction prizes) to a
wide range of organizations and to area fundraisers including:
The Cherry Brook Zoo gives out many passes to both the zoo and to the mini golf to support priority
Community services. Please find enclosed just a few letters to show you that the zoo takes part in
Sponsoring our communities to the best of our ability.
240
•
Pro Kids
•
Hestia House
•
Family Plus
•
Saint John Police I D Kits
•
Belfast Children's Vacation Fund
•
Big Brothers — Big Sisters
Other
•
Multicultural Association
•
Children's Wish Foundation
•
St. Joseph's Hospital Foundation (Dragon Boat Races)
•
Regional Hospital Foundation (various programs)
•
Breast Cancer Research Fundraising
•
IWK Fund Raiser
•
School Fund Raisers for many Districts 6 & B schools
•
A large number of individual community fund raising events
The Cherry Brook Zoo gives out many passes to both the zoo and to the mini golf to support priority
Community services. Please find enclosed just a few letters to show you that the zoo takes part in
Sponsoring our communities to the best of our ability.
240
The
ti rce
cefftre
Saint John
Tar Town 1 Uy Youth
130 MacLaren Boulevard
Saint John, New Brunswick
August 31 ", 2010
Cherry Brook Zoo
901 Foster Thurston Drive
Saint John, New Brunswick
Dear Manager:
My name is Shaundell Curran and I am the Youth Engagement Coordinator, Teen Vibe, for Crescent
Valley. I am writing you today to thank you for your assistance with our teen summer program. It is
because of your generous donation of a family zoo pass that we are able to increase the quality of our
program and the overall happiness of the teens. It is with the continued support of our communities
and businesses that Teen Vibe can continue to strive and excel at being a safe place for teens to develop
life skills and create lasting friendships.
I hope that you will continue your involvement with Teen Vibe in the future.
Thank you again for your support and caring about the future of the teens in your community.
Sincerely,
Shaundell Curran
Youth Engagement Coordinator Crescent Valley
Teen Vibe
241
P.O. Box 7135, Station A • Saint John. N8 4 E2L 4S5
August 25th, 2010
Dear Friends of Hestia House,
elephone: (506) 634 -7571 • Fax (506) 652 -5651
On behalf of the Board of Directors and the staff of Hestia House, please accept
our sincere thanks for your generous donation. Your contribution has made a great impact
on the success of this year's Children's Summer Program. The main objective of the
summer program is to provide fun activities and experiences for the children staying at
Hestia House. We had an incredible summer and, because of your support, the children
had the opportunity to create many lasting memories.
Since opening its doors in May of 1981, Hestia House continues to provide
services to women and children who are victims of violence in their homes. We see
between two hundred and two hundred and fifty families each year and have provided
shelter and assistance to over ten thousand women and children. Hestia House also
provides businesses and organizations with awareness presentations on our role in the
community and the issue of family violence. Our continued success in the operation of
Hestia House and the services we provide to our community are made possible through
your awareness and support of the work we do on behalf of abused women and children.
We are working towards a day when violence against women will no longer be
tolerated in our society and children will no longer have to witness or experience violence
in their homes. Thank you, once again, for your kindness and generosity.
Sincerely,
Ellen Higgins & Katie Parled
Children's Summer Program Coordinators
(506) 648 -9654
PATRON
SISTERS OF CHARITY, LC
h e s t i a @ n M e t nb.ca
I OT-30.
Saint John
Real Estate Board
SERVING SOUTHERN NEW BRUNSWICK
hP0 Lnair� �S:(t1 Su tr 12U Sa:: t John t4b E1h LJS T 5i o nS^ r -- F 50i E•3= 8775 E t a n .., W :µ . -�a'e lat a
August 23, 2010
Cherry Brook Zoo
901 Foster Thurston Road
Saint John, NB EX 5H9
To whom it may concern,
On behalf of the Saint John Real Estate Board, we would like to thank you for your
contribution to our "Amazing Race" event in support of the YMCA -YWCA Strong Kids
Campaign on August 12, 2010. This was our first -ever summer fundraising event and it
would not have possible without the help of local businesses such as yours.
Together our REALTORS® raised $7,028.85, all of which goes directly to the Strong
Kids Campaign to help local children, who are otherwise unable to afford the types of
social programs the YMCA has to offer. To learn more about how this donation will
benefit the families and children in our community please visit www.ymeastrongkids.ca.
The "Amazing Race" portion of the event was a big success, totalling $5,085. The hunt to
find Zoe the zebra at the zoo was great fun for all. We want to thank you for participating
and making this possible. We hope that you will consider lending us your support next
year and we look forward to discussing it with you then.
Thank you,
r c�
1J
Al McAlpine, Chair
Saint John Real Estate Board Inc. Social Committee
243
Good Morning Shirley:
I want to star: by telling you how much I
appreciate everything you are doing for us - You
are a very special person to 'Just run with it"
after one phone call from PEI:)
I am home today with a flu -bug - you can email
me at home at cheltonnancy @yahoo.ca, I check
my email often during the day and will get back
to you asap. My home phone # is 902 -887-
2611. (the nurse answering the phone today is
different than yesterday, so contacting me at
home is the best way to go - that is - if you need
any info today)
I spoke with our physiotherapist last night, and
she will fax Red Cross the necessary information.
Miranda told me yesterday, that you plan to mail
the vouchers and "paperwork" to me once you
have it all together - that would be awesome!
I thought I would pick up a basket, and our staff
can fill it with "road -trip snacks" and your
vouchers, and the few of us that have been
involved will take it to our "guy" and his family.
It was nice to see his very over -tired Mom smile
yesterday at the thought of getting to your Zoo
- they have been battling disease this for 5
years.
I will speak with his Mom again next week, and
with her permssion, I can give you his name,
phone #, etc,.
I'm leaving some of the details as a surprise
Thanks again Shirley and the Cherrybrook Zoo!!!
Take care
Nancy Pearson, RN
Palliative Care Program
Summerside, PEI
244
N
A
7
E
CHERRY BROOK ZOO DIRECTOR
LEN COLLRIN TO SHAVE HEAD FOR
BREAST CANCER RESEARCH!
Also zookeepers SARAH LEVINE & SHANE BUTTON and
Summer Zookeeper JEAN GOGUEN.
Len
r
Sarah _ Je
A _
One of our own has a family member fighting cancer, we want
to support her as she supports her mother, Len Collrin is a
cancer survivor himself and wants to give back for the sup-
port he received. There is a friendly competition among those
who will shed their locks. If you would like to sponsor please
call the zoo at (506) 634 -1440 or email us at noah-
sark@rogers.com or drop out to the zoo.
WHEN AUGUST 16, 2010
WHERE CHERRY BROOK ZOO
AWARENESS CENTER
TIME 1:00 PM
Be sure to join us on
the unveiling of our
new logo & New Front
Entrance Sign!
Enclosures:
Audited Financial Statements, Wilshaw and Associates
246
Cherry Brook Zoo of Saint John Inc.
Financial Statements
December 31, 2009
247
Whshaw & Associates Professional Corporation
P.O. Box 519, Main Post Office
Saint John, N.B. E21, 3Z8
Telephone: (506) 849 -3956
Fax: (506) 849 -3966
May 18, 2010
Auditors' Report
To the Trustees of
Cherry Brook Zoo of Saint John Inc.
We have audited the statement of financial position of Cherry Brook Zoo of Saint John Inc. as at
December 31, 2009 and the statements of revenue and expenditures, changes in net assets and cash
flows for the year then ended. These financial statements are the responsibility of the organization's
management. Our responsibility is to express an opinion on these financial statements based on our
audit.
Except as explained in the following paragraph, we conducted our audit in accordance with Canadian
generally accepted auditing standards. Those standards require that we plan and perform an audit to
obtain reasonable assurance whether the financial statements are free of material misstatement. An
audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements. An audit also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall financial statement presentation.
In common with many charitable organizations, the organization derives part of its revenue from the
general public in the form of donations, the completeness of which is not susceptible to satisfactory
audit verification. Accordingly, our verification of these revenues was limited to the amounts recorded
in the records of the organization and we were unable to determine whether any adjustments might be
necessary to donation revenues, excess revenue, assets and net assets.
In our opinion, except for the effect of adjustments, if any, which we might have determined to be
necessary had we been able to satisfy ourselves concerning the completeness of donations referred to in
the preceding paragraph, these financial statements present fairly, in all material respects, the financial
position of the organization as at December 31, 2009 and the results of its operations and the changes
in its cash flows for the year then ended in accordance with Canadian generally accepted accounting
principles.
(9�, ✓", Cfl
Chartered Accountant
248
Cherry Brook Zoo of Saint John Inc.
Statement of Financial Position
As at December 31, 2009
.Assets
Current assets
Cash and term deposits (note 5)
Accounts receivable
Interest receivable
Inventory
Property, plant and equipment
(note 4)
Liabilities
Current liabilities
2009 2008
Operating Restricted
Fund Funds Total Total
$ S $ $
4,822
196,454 201,276
175,861
19,350
- 19,350
2,610
-
184 184
1,448
9,503
- 9,503
8,110
33,675
196,638 230,313
188,029
38,830 - 38,830 29,231
72,505 196,638 269,143 217,260
Accounts payable and accrued liabilities 13,717 - 13,717 6,251
Current portion of long -term debt 4,736 - 4,736 -
Interfund balance 47,883 47,883 - -
66,336 (47,883) 18,453 6,251
Long -term debt (note 5) 11,917 - 11,917 -
Deferred contributions (note 6) - - - 5,545
78,253 (47,883) 30,370 11,796
Net assets
Restricted - 244,521 244,521
243,516
Unrestricted (5,748) - (5,748)
(38,052)
(5,748) 244,521 _ 238,773
205,464
72,505 196,638 '269,143
217,260
Approved by the Board of Directors
Director
Wilshaw & Associates Professional Corporation
249
Director
Cherry Brook Zoo of Saint John Inc.
Statement of Changes in Net Assets
For the year ended December 31, 2009
2009 2008
Operating Restricted
Fund Funds Total Total
S $ $ $
Net assets — Beginning of year (38,052) 243,516 205,464 239,864
Excess revenue (expenditures) for the
year 32,304 1,005 33,309 (34,400)
Net assets — End of year (5,748) 244,521 238,773 205,464
Wilshaw & Associates Professional Corporation
250
Cherry Brook Zoo of Saint John Inc.
Statement of Revenue & Expenditures
For the year ended December 31, 2009
Wilshaw & Associates Professional Corporation
251
509,813
2009
2008
Expenditures
Operating Restricted
Wages and benefits
Fund Funds
Total
Total
Heat, light and power
20,809
- 20,809
20,003
Revenue
12,285
- 12,285
12,074
Gate
129,279 -
129,279
129,273
Donations
138,257 -
138,257
71,553
Special events
41,995 -
41,995
43,494
Retail sales
29,467 -
29,467
30,327
Building rental and food services
18,983 -
18,983
8,589
Canteen revenue
14,493 -
14,493
18,761
Mini Golf
13,428 -
13,428
12,669
Friends of the Zoo
18,083 -
18,083
18,925
Grant - City of Saint John
50,000 -
50,000
-
Select 100
- -
-
408
Grant - Provincial Government
9,698 -
9,698
13,713
Grant - Federal Government
17,578 -
17,578
15,085
Grant - Aboriginal Garden
9,677 -
9,677
12,096
Environmental Damages Fund
6,345 -
6,345
1,655
Gain on disposal of property, plant and
22,587
- 22,587
14,850
equipment
12,500 -
12,500
-
Interest
30 1,005
1,035
3,652
Wilshaw & Associates Professional Corporation
251
509,813
1 005 510 818
380,200
Expenditures
Wages and benefits
250,790
- 250,790
233,071
Heat, light and power
20,809
- 20,809
20,003
Vehicles
12,285
- 12,285
12,074
Feed
16,515
- 16,515
14,801
Retail purchases
15,194
- 15,194
15,424
Mini Golf
1,221
- 1,221
2,945
Insurance
9,875
- 9,875
10,958
Advertising and promotion
4,576
- 4,576
4,949
Office and postage
20,907
- 20,907
16,347
Animal purchases
5,081
- 5,081
5,322
Bank charges and interest
4,124
- 4,124
3,569
Interest on long -term debt
960
- 960
-
Dues and memberships
3,182
- 3,182
3,753
Special events
8,052
- 8,052
4,838
Animal care
8,995
- 8,995
7,489
Miscellaneous
1,855
- 1,855
361
Professional fees
5,195
- 5,195
5,095
Repairs and maintenance
22,587
- 22,587
14,850
Property tax
8,232
- 8,232
-
Telephone
5,177
- 5,177
4,506
Travel and training
3,517
- 3,517
2,039
Uniforms
1,906
- 1,906
2,154
Canteen expenses
9,179
- 9,179
9,456
Equipment purchase
5,542
- 5,542
4,515
Seminars
9,661
- 9,661
6,795
Building fixtures
13,992
- 13,992
7,424
Amortization
8,100
- 8,100
1,862
_ 477,509
- 477,509
414,600
Excess revenue (expenditures) for the
year
32,304
1,005 33,309
(34,400)
Wilshaw & Associates Professional Corporation
251
Cherry Brook Zoo of Saint John Inc.
Statement of Cash Flows
For the year ended December 31, 2009
Cash provided by (used in)
Operating activities
Excess revenue (expenditures) for the year
Item not affecting cash
Gain on disposal of property, plant
and equipment
Amortization
Changes in non -cash working capital
balances
Accounts receivable
Interest receivable
Inventory
Accounts payable and accrued
liabilities
Deferred contributions
Investing activities
Proceeds on disposal
Purchase of property, plant and
equipment
Financing activities
Proceeds of long term debt
Repayment of long term debt
Interfand loan
Increase (decrease) in cash and term
2009 2008
Operating Restricted
Fund Funds Total Total
$ $ S $
32,304 1,005 33,309 (34,400)
(12,500) - (12,500)
8,100 - 8,100 1,862
27,904 1,005 28,909 (32,538)
(16,740)
- (16,740)
1,796
-
1,264 1,264
1,195
(1,393)
- (1,393)
1,043
7,466
- 7,466
(12,597)
(5,545)
- (5,545)
5,545
11,692
2,269 13,961
(35,556)
12,500 - 12,500 -
(17,699) - (17,699) (26,061)
(5,199 ) (5,199) (26,061)
20,000 - 20,000 -
(3,347) - (3,347) -
(29,980) 29,980 - -
(13,327) 29,980 16,653 -
deposits (6,834) 32,249 25,415 (61,617)
Cash and term deposits - Beginning
of year 11,656 164,205 175,861 237,478
Cash and term deposits - End of
year 4,822 196,454 201,276 175,861
Wilshaw & Associates Professional Corporation
252
Cherry Brook Zoo of Saint John Inc,
Notes to Financial Statements
December 31, 2009
1. Purpose of organization
The Cherry Brook Zoo of Saint John Inc. is a non -profit organization committed to maintaining accreditation
standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of
conservation, research, education and recreation.
The Cherry Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not - for - profit
organization.
The organization is a registered as a charitable organization under the Income Tax Act of Canada and, as such,
is exempt from income taxes.
2 Significant accounting policies
Fund accounting
Revenues and expenses related to operations and zoological park and administrative activities are reported in
the Operating Fund.
The restricted fund was initially set up in 2005 when the Board of Trustees internally restricted $415,000 of
bequests received during the year. These restricted funds have been designated as a contingency fund that may
be used under certain circumstances for operational items as determined by the Board of Trustees
Revenue recognition
The organization follows the deferral method of accounting for contributions.
Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related
expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when
received or receivable if the amount to be received can be reasonably estimated and collection is reasonably
assured.
Investment income is recognized as revenue of the appropriate fund when earned.
Grant revenue, gate fees and retail sales are recognized as revenue of the Operating Fund when received or
receivable.
Volunteers' time contributions are not recognized in the financial statements due to difficulty of determining
their fair value.
Donated materials and services
Donated materials and services are recorded at fair market value where the value can be reasonably determined.
Inventory
Inventory is stated at the lower of cost and net realizable value.
Wilshaw & Associates Professional Corporation
253
(1)
Cherry Brook Zoo of Saint John Inc.
Notes to Financial Statements
December 31, 2009
2 Significant accounting policies (continued)
Use of estimates
The preparation of financial statements in conformity with general accepted accounting principles requires
management to make estimates and assumptions that affect the reported amount of assets, liabilities, revenues
and expenses. Estimates are used for, but not limited to, accounting for doubtful accounts and amortization.
Actual results could vary from those estimates.
Property, plant and equipment
Asset additions fully financed by current revenue are expensed in the year of purchase. Other property, plant
and equipment are stated at cost less applicable government assistance and capital donations applied.
The cost of assets purchased and expensed to date is $1,938,301 (2008 — $1,93 8,30 1).
Amortization is provided for on property, plant and equipment using the following annual rates:
Building, enclosures and site improvements 5% straight -line
Equipment 20% declining balance
Vehicles, Mini Golf and displays 20% straight -line
Zoo animals
Zoo animals are expensed in the year of acquisition.
Future accounting ct<aages
The Accounting Standards Board has issued an exposure draft proposing accounting standards for not for profit
organizations. The Accounting Standards Board expects the final standards to be issued late in 2010
3 Financial Instruments and Risk Management
The organization's financial instruments consist of cash and term deposits, receivables, accounts payable and
long -term debt. Unless otherwise noted, it is management's opinion that the organization is not exposed to
significant interest, currency or credit risks arising from these financial instruments. The fair value of
receivables and accounts payable approximates their carrying values, due to their short-term nature.
Wilshaw & Associates Professional Corporation
254
(2)
Cherry Brook Zoo of Saint John Inc.
Notes to Financial Statements
December 31, 2009
4 Property, plant and equipment
2009
2008
Accumulated
Cost
Amortization
Net
Net
$
S
$
$
Buildings, enclosures and
site improvements
163,247
163,246
1
1
Equipment
15,385
15,385
-
-
Vehicles
17,699
1,770
15,929
-
Mini Golf
26,061
6,515
19,546
24,758
Displays
5,590
2,236
3,351
4,472
227,982
189,152
38,830
29,231
5 Long term debt
Term loan of $20,000 with interest at 6.85% repayable in monthly
instalments of $478 including interest, due March 04, 2013.
Less: Current portion
Term deposits in the amount of $25,000 are pledged as security on the loan_
Repayments in each of the next four years are as follows:
Year ending December 31, 2010
2011
2012
2013
6 Deferred contributions
Beginning balance
Less amount recognized as revenue in the year
Add amount received relating to the following year
Ending balance
Wilshaw & Associates Professional Corporation
255
2009 2008
$ $
16,653 -
4,736 -
1 1,917 -
4,736
5,071
5,430
1.,416
2009 2008
5,545 -
(5,545) -
- 5,545
5,545
(3)
YR
h er y
Revenue Sources as Percent of Revenue Generated 2008
An incorporated
not- Far - profit charity
Plus receives many
thousands of dollars
worth of in -kind goods
andservices from
compar,l s as well
thousands of volunteer
hours annually.
Quispamsis
Recreation
Master Plan
Growing trends
Families with children
Aging population
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256
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SW— NS T.—
• When people think of living in a community they expect Bean water, good
roads, quality education and health facilities, but they expect more
l
G/SAIIRT r .. -K'Xop
Ghnslmas in July Mardi Gras _� Huge Crowds €or Haunted Zoo
• To attract people to our communities Cherry grooK ZOO IS PART OF
THAT "MORE' PEOPLE ARE: LOOKING FOR!
.-�, -� •,•_• -•• •�-- ^� -i^ 25%ofVisttors
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257
MKID -F -FAQ ]
Cherry Brook Zoo Provides A Unique Learning Venue
a..... he wokeaporied.e ror Vet IOld
S.hcat
Co-op Ed pkcemenn
Summer Employment
icu Cemp ... sairere e1hAa s tftst kandne 1b.. cdnservaeartxrun!
Fleld trips rorover 50 schools tam around Ng
and N— Enalind
Cherry Brook Zoo's Vanished Cherry Brook Zoo is considered
Kingdom Park, the only learning Museumand is a member ofthe NB
park of its kind in North America and Canadian museum associations
Percentage of visits to zoo website
by countries of origin
tan to rasher countun
Acstral
France
United Milidem
C--.y
lieb9a
Nelhedands
eraill
India
Canadd Medro
6+f.r Span
M
2
,Family- orVented facility
fJ�
.Cross generational appeal
.Adults outnumber children at to 1
in visitation
i5afe high - interest walking trails
1- Unique way to get kids to exercise
-
eVolunteer use of leisure time 1n a
- -� -
healthy, outdoor environment
cn£NNr eaooiczoo
.F--A NEW rAMI V
vRecreation combined with education
- `rr NACTION IN JULY 20ou
Zoo special events draw our
communities together... and draw
visitors to region
-
Percentage of visits to zoo website
by countries of origin
tan to rasher countun
Acstral
France
United Milidem
C--.y
lieb9a
Nelhedands
eraill
India
Canadd Medro
6+f.r Span
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our +4, ng
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One of the regron'$ Tap Ten Altraclion5
"Best of "Attraction for Fundy Region
Consider what activiles have appear to families with younger children
258
zoo VISITATION
2008. a visits report2d 34,930. Corrected 1o41,315 dug 40 calrula Bonermr Vast Year
2009, 0 visits January to end of August = 35,475
10mo
TradedbyACstaJ Cade
Donations to Cherry Brook Zoo
R —Ipted rash arty
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L o
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258
zoo VISITATION
2008. a visits report2d 34,930. Corrected 1o41,315 dug 40 calrula Bonermr Vast Year
2009, 0 visits January to end of August = 35,475
10mo
TradedbyACstaJ Cade
9 Visits t% totals
OrWri
i•Alna
du tAtt ust
4.nsor0tafal
ainl John
3989
35 ".,
6165 (3Veil
10154
32;.
Cris amsK
1595
114%
2055 (10 %I
3650
11%
R.thes.y
1254
111%j
143B 7%
2692
8%
tand3a - VJastfierd
683
6%
811
her
3875
3t%
50082
SE��
Tte
1I 396 10054
2035] 1
Family Memberships
S %othv
Monthly Sponsors
(percentage of total individuals)
9110/2010
3
Major Annual Donors
As percent of total individual major donors
i GB -W
2°
Regular Zoo VoIunteefs (total well over 5000 hours annually)
InclMduals who
volunteer weekly
hi- weekly cr
� monthly
= 49
Quispamsis
Rotllesay
Does not include
volunteers for
special events
259
9/10/2010
salntJtyftrt Student Summer Employees at Zoo -2009
S 12 students -fatal of SZ40 itatsrs gf employment
4
3 — _ .-- --- -- - --...— -- -- ---- — -
Z _— ---- Rothesay. Quispamsis other
Grand Bay - Westfield
i
The Challenges... AReglonal partnership wil
There are no more budget cuts [hat can be enhance the Zoo's efforts to
made and still maintain national accreditation ,grrewcr AOnIrIOHALSKfMIFrLA"T
Revenue is highly wealherdependant. PAS "cas'
UMPer[rAKE PuKMnin Foa A
Aging structures in need of updating and AMPAK:n roexeAMOZOP
expansion wMVCM VnucMKAMCC rMc
accroMsASSrrs.
Deficit financing option will soon end lAA1M m AC CFSSInlurrmnouce
A —bAere APMIS —K*r".
Economic downturn has reduced donations. .SP[MO MOnc nM£oM PnoeIeAM
ocacwrArcwr ANP lass oa
Competition for donations from large - sunvnAr.."
'corporate` chadlteS
d by the citizens
GmaterSi
:11
200 ( Iterry Brook 7nre Boclrrl ql Irir. r v,
Lynn Smith, Chair
Sam Shaw. Vice Chair
Or John Mackay, Past Chair
Saint John — 3
Guy Barbara
Rothesay - 5
Rory Grant
Dr. Stephen Juslason
Cutspamsts— 2
Terry Mullin
Alice O'Neill
Frampton -1
Mac Twoman
Sussex -1
Brian Munro (ex ofkcro)
Rick Damone (ex .trio n)
Or Ed Wafter fex olficro)
salntJtyftrt Student Summer Employees at Zoo -2009
S 12 students -fatal of SZ40 itatsrs gf employment
4
3 — _ .-- --- -- - --...— -- -- ---- — -
Z _— ---- Rothesay. Quispamsis other
Grand Bay - Westfield
i
The Challenges... AReglonal partnership wil
There are no more budget cuts [hat can be enhance the Zoo's efforts to
made and still maintain national accreditation ,grrewcr AOnIrIOHALSKfMIFrLA"T
Revenue is highly wealherdependant. PAS "cas'
UMPer[rAKE PuKMnin Foa A
Aging structures in need of updating and AMPAK:n roexeAMOZOP
expansion wMVCM VnucMKAMCC rMc
accroMsASSrrs.
Deficit financing option will soon end lAA1M m AC CFSSInlurrmnouce
A —bAere APMIS —K*r".
Economic downturn has reduced donations. .SP[MO MOnc nM£oM PnoeIeAM
ocacwrArcwr ANP lass oa
Competition for donations from large - sunvnAr.."
'corporate` chadlteS
d by the citizens
GmaterSi
:11
260
9/10/2010