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1999-03-22_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at March 19, 1999. 1. Meeting called to order, 7:00 p.m_, Monday, March 22, 1999 - prayer. 2. Approval of minutes (March 15, 1999). 3. 7:15 p.m. -- (a) Gambit Holdings & Development Ltd., and Bayview Credit Union Limited, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the building at 150 Victoria Street to be in a dangerous and unsightly condition and also require Gambit Holdings & Development Ltd. to remedy the condition by either demolishing the building and removing the debris or by carrying out the work set out in the submitted inspection report. (b) Report from City Manager re above. 4. 7:30 p.m. - (a) Gambit Holdings & Development Ltd., The Royal Bank of Canada, 503179 N.B. Ltd., Bayview Credit Union Limited, and any other person it may concern, to appear to show cause, if any, why Common Council should not find the two- storey Durham Street portion of the building at 75 Durham Street to be in a dangerous and unsightly condition and also require Gambit Holdings & Development Ltd. to remedy the condition by either demolishing the two - storey Durham Street portion of the building and removing the debris or by carrying out the work set out in the submitted inspection report. (b) Report from City Manager re above. DELEGATION 5. 7:45 p.m. - Presentation by Marine Workers' Federation re national shipbuilding policy. 6. Mayor's remarks. *6A. Fundy Region Solid Waste Commission minutes. COUNCIL 7. Re tender calls for capital projects (Councillor White). 7A. Re Red Cross Refugee Support Centre (Councillor Ball). 8. Report re tender for traffic paint_ CITY MANAGER 9. Re HST charged on residential energy consumption. 10. Proposal call for sale and development of former Red Rose Tea site. COMMON CLERK 11. Third reading of proposed Street Closing By -Law amendment re portion of Market Square (15t & 2nd readings given March 15). *11A. Legal Session resolution re enforcement of judgment re New Brunswick Fish & Game Association (Saint John Branch) Inc. GENERAL 12. Letter from Stewart McKelvey Stirling Scales on behalf of Maxner Inc. re construction of Imax Theatre, Prince William Street_ 13. Request of Heather Kennedy to address Council re proposed commercial acquisition of portion of Market Slip for building of Imax Theatre. 14. Application of 045771 (N.B.) Ltd. for re- zoning of property at 1360 Manawagonish Road. 15. Application of Knights of Columbus Council No. 6770 for re- zoning of property at 721 Chapel Street. 16. Request of Imperial Theatre for City to waive auctioneer license fee for special event. 17. Letter from Eileen Travis, Board Member, Saint John Free Public Library, re residency requirement to serve on City boards and commissions. Page Two. COMMON COUNCIL AGENDA - as at March 19, 1999. COMMITTEE OF THE WHOLE - 4.3`0 18. Re provision of compensatory storage — flood control (City Manager) 19. Re 1999 Establishment of permanent positions (City Manager). 20. Request of Mispec Park Recreation Committee Inc. to address Council. 21. Request of Odell Limited to address Council re Works garage. 22. City Manager's update. 23. Mayor's update. LEGAL SESSION 24. Re enforcement of judgment against New Brunswick Fish & Game Association (Saint John Branch). Inc. (City Solicitor). OPEN SESSION M &C99 -95 March 17, 1999 Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: SUBJECT r � f;•l i� 1' 1 City of Saint John Dangerous and Unsightly Condition of Vacant Building located at 150 Victoria Street (N.B.G.I.C. parcel number 376541, Saint John, N.B.. BACKGROUND The building located on the property at 150 Victoria Street is a three storey wood frame building. The owner of the building is Gambit Holdings & Development Limited, with the sole officer of the company being Bonnie Deering. Building Inspection records show that the building has been vacant for more than three years, following a fire in September of 1995. The building has deteriorated over the years to a point where it is now unsightly and dangerous to the public. Demolition debris litters the side and rear yards. The unsightly conditions of the property as well as the structural problems associated with the building results in potential danger to neighbours and children in the immediate vicinity as well as any transients. Particulars of the condition of the building are set out in the inspection report submitted by William Edwards and Amy Poffenroth, which was dated December 8, 1998 (attached as schedule ,FF„ Beginning in 1989, the Building and Technical Services Department had been working with the previous owners of the property with respect to minimum property standards violations. The building was a subject of minimum property standards violations in 1995 when Gambit Holdings & Development Limited acquired the property. In September of 1995, the building was severely damaged by fire. The building was boarded up, and remains vacant today. Since that time, Gambit Holdings & Development Limited has been notified on a number of occasions by mail and by phone with respect �c't rp.y 7'�^( �- ^ ^.r i w� �f. ii ; F' _j .Ti �..N 1 • f.�r, ;i.Jn:'�,� OPEN SESSION M &C99 -95 March 17, 1999 Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: SUBJECT r � f;•l i� 1' 1 City of Saint John Dangerous and Unsightly Condition of Vacant Building located at 150 Victoria Street (N.B.G.I.C. parcel number 376541, Saint John, N.B.. BACKGROUND The building located on the property at 150 Victoria Street is a three storey wood frame building. The owner of the building is Gambit Holdings & Development Limited, with the sole officer of the company being Bonnie Deering. Building Inspection records show that the building has been vacant for more than three years, following a fire in September of 1995. The building has deteriorated over the years to a point where it is now unsightly and dangerous to the public. Demolition debris litters the side and rear yards. The unsightly conditions of the property as well as the structural problems associated with the building results in potential danger to neighbours and children in the immediate vicinity as well as any transients. Particulars of the condition of the building are set out in the inspection report submitted by William Edwards and Amy Poffenroth, which was dated December 8, 1998 (attached as schedule ,FF„ Beginning in 1989, the Building and Technical Services Department had been working with the previous owners of the property with respect to minimum property standards violations. The building was a subject of minimum property standards violations in 1995 when Gambit Holdings & Development Limited acquired the property. In September of 1995, the building was severely damaged by fire. The building was boarded up, and remains vacant today. Since that time, Gambit Holdings & Development Limited has been notified on a number of occasions by mail and by phone with respect 2 to boarding up all windows and doors, keeping the building secure from unauthorized entry, and removing derelict vehicles from the property. There have been various complaints about the dangerous condition of the building. Gambit Holdings & Development Limited has met with staff from the Building and Technical Services department and has been urged to remedy the dangerous and unsightly issues associated with this property. Except for a few incidents, the building has remained boarded up, however, vandals and trespassers have gained entry from time to time. The owner, Gambit Holdings & Development Limited, has been made aware of the right to appear and be heard at the March 22"d, 1999 meeting of Common Council. A copy of the attached Notice to Appear and supporting documents were served to Bonnie Deering of Gambit Holdings & Development Limited at the Animal Veterinary Clinic in Grand Bay, N.B, on March 11, 1999. A Notice to Appear was served on March 11, 1999 to Bayview Credit Union Limited, who holds a mortgage on the property. A copy of the Notice to Appear was also posted on the building at 150 Victoria Street on March 16, 1999. ANALYSIS 1. Strategic Plan Conforrnibojxisting City Polic The City, by by -law, has adopted section 190 of the Municipalities Act which provides that a person shall not permit property owned or occupied by him to become dilapidated or deteriorated so as to be in a dangerous, unsightly or unhealthful condition. A Council may, upon notice to the owners, consider the condition of a building and require owners to remedy any dangerous, unsightly or unhealthful condition. The owners have the right to attend and be heard at the meeting. If the council finds a building to be in a dangerous, unsightly or unhealthful condition and the owners do not comply with a notice to remedy the condition within the time stated, then pursuant to section 106.1 of the Act, an application can be made to a Judge of the Court of Queen's Bench of New Brunswick for an order which would require the owners to remedy the condition within a specific period of time and which would authorize the municipality to demolish the building at the owner's expense if the owners did not comply with the order. 2. Input from Other Sources The Legal Department has identified the owner of the property and has provided advice relating to the relevant law, preparation of the resolutions, and to the procedures to be followed in dealing with this issue. Thomas P. White, Divisional Chief of Fire Prevention & Investigation in his letter dated March 8, 1999 advises that his staff has visited the property six times since it 3 was fire damaged in September, 1995 as a result of complaints or Fire Prevention personnel noted that the building had become open (attached). Brian Filhnore, Assistant Deputy Chief, Support Services Division of the Saint John Police Force advises in his letter dated March 15, 1999 that there have been six police and fire calls to 150 Victoria Street since June 1, 1997 (attached). 3. Financial Implications The attached resolutions provide the owner with an opportunity to remedy the dangerous and unsightly conditions. However, it appears unlikely that the owner will make the necessary repairs to the building as described in the resolutions and demolition of the building becomes the next available option. Staff estimates the cost of demolition, removal of debris, and rehabilitation of the site as being six to seven thousand dollars ($6000 - $7000). The attached resolutions instructs the Building Inspector to serve notice upon the owner giving them the option of either demolishing the building and removing the debris or by carrying out the work as noted. In the event the owner does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would: (a) require the owner to either demolish the building and remove the debris or by carrying out the work as noted, and in the event that the owner did not comply with the Court Order, (b) authorize The City of Saint John to cause the buildings to be demolished and the debris removed at the expense of the owner. 4 RECOMMENDATION Your City Manager recommends that Common Council adopt the attached .resolutions. Respectfully submitted, i-; V/); Wm. Edwards, P. Eng. Manager Building and Technical Services or� Claude MacKinnon, P. Eng. Commissioner Enviro nt & Develop 't Services Terrence Totten, CA City Manager Fire Department P. Glen Tait Fire Chief March 8, 1999 Building & Technical Services P.O. Box 1971 Saint John, N.B. E2L 4L1 Attention: Amy Poffenroth Dear Amy: 45 Leinster Street Saint john New Brunswick Canada E2L 1H9 506 658 -2910 Fax 506 658 -2916 MAR 0 :f 1999 1311,1MI -IG rNSPrcrjoh Re: 150 Victoria St. , 1S8 Victoria St. & 69 Durham St. L �' City of Saint John We have visited 150 Victoria St. only six (6) times since it was severely damaged by fire on September 1, 1995. In each case the structure was secured within hours. Each of the visits was either because of a complaint or one of our personnel noted that it had become open. The building is checked regularly and has been kept secure. It is a three family building. What you noted as 75 Durham St., we have listed as 69 Durham Street. This structure was damaged by fire October 4, 1998. The building is checked on a regular basis weekly and has been kept secure since the fire. This is a two - family building. The building at 158 Victoria St., is attached to 69 Durham by ells that are attached to each of the buildings and probably contain sheds. Durham being a two storey ell and Victoria being 3 storeys. We have made only one inspection of the premises at 158 Victoria on January 5, 1999 and a number of violations were noted. Since that time the top and ground floor have been vacated and only the middle floor remains occupied. The violations remain open but we have not been able to recheck because of the units being vacant. A note to the owner notifying them the units are not to be reoccupied until the violations have been corrected has been sent. Yours truly, �Y Thomas P. White, Divisional Chief Fire Prevention & Investigation Saint John Police Force 15 March, 1999 C.E. (Butch) Cogswell Chief of Police Amy Poffenroth By -Law Enforcement Officer Building_amd- Technical Se[vices City of Saint John Amy; P.O. Boni 1971 Saint John New Brunswick Canada £2L 4L1 506 648 -3200 Fax: 506 648 -3304 Admin 506 632 -6158 Major Crime 506 632 -6155 District 1 506 658 -2839 Records 14 t- Subject -- 150 Victoria Street, .158 Victoria Street. & -75 Durham-Street.(69 Durham) SA/NT Z% N .00�IGE F RCE POLICE Your request for information on the above noted property was forwarded to my desk for response. Our records. have - been - raviewed- with- respecua- police_ and-fire- calls- at the. addresses- itivvglved. We checked for a period of over 18 months dating back to June 1, 1997. The results show numerous. caUs.to. these. locations however. most of these_would not -be- related -.to- the - property itself The-property related.caEinplude; 150 Victoria Street 3 Suspicious Activity 1 Police to -fire -call 1 Break & Enter 1 Outsides Pir-v, Call 158 Victoria- Street 7 Damage/ Vandalism 1 Break. & Enter 75 Durham Street (69 Durham) 5 Suspicious Activity 1 Damage/ Vandalism 1 Medical Rescue -- 1999 - IS01S-"-'7nniUerS'ry I trust this information will be useful. Please contact me if you require more information on these- addresses- .. BC (Brian) Fill ore i Assis Deputy- Chief SUPPORT SERVICES DIVISION NOTICE TO APPEAR TO: Gambit Holdings & Development Ltd., and Bayview Credit Union Limited, and Any other person it may concern WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at 148 -150 Victoria Street in the City of Saint John, N. B., was conveyed to Gambit Holdings & Development Ltd. by Patrick G. and Helen M. Buckley by a deed which was dated February 27, 1995, and was registered on March 2, 1995, in the Saint John County Registry Office in Book 1757 as Number 399043 beginning at page 103. The said parcel of land is more particularly described in the schedule "A" which is attached hereto and was attached to the aforesaid deed, and is identified as parcel 376541 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which is attached hereto as schedule "B ", and is shown on the plan that is attached as schedule "C ". There is a mortgage outstanding in favour of Bayview Credit Union Limited. AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled "A By -Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a 3 storey building (herein called "the Gambit building ") that is shown on schedule "D ". The Gambit building has, as the result of being vacant for more than 3 years and as a result of a fire which occurred in September of 1995, become dilapidated or deteriorated so as to be in a dangerous and unsightly condition. The condition of the Gambit building is shown on schedules "D" and "E" and is 2 described in the Inspection Report of Amy Poffenroth, BScE. , and William Edwards, P. Eng., that is dated December 8, 1998, and is attached as schedule "F". The cracks in the foundation and the sloping and/or heaving of the floors and stairways are indications that the building has structural problems. Holes in the roof contribute to the continued deterioration of the building. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the Gambit building to carry out their duties. The Gambit building and property is in an unsightly condition because of deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, fascia boards and debris in the rear and side yards. TAKE NOTICE that the Common Council of The City of Saint John shall at its meeting to be held on March 22, 1999 at 7:15 p.m. at the City Hall Building, 15 Market Square, Saint John, New Brunswick, consider the dangerous and unsightly condition of the Gambit building and what should be done by Gambit Holdings & Development Ltd. respecting it. Common Council will be asked to pass the resolutions which are attached as schedule "G" or such other resolutions as it deems appropriate in the circumstances. You have the right to attend before Common Council at that time to show cause, if any, why Common Council should not find the Gambit building to be in a dangerous and unsightly condition and also require Gambit Holdings & Development Ltd. to remedy the condition, within such time as Common Council may set, by either demolishing the Gambit building and removing the debris or by carrying out the following work: 1. Repair the foundation wall; 3 2. Remove all broken glass from the windows; 3. Board up any windows or other openings which are not already boarded up. Boarding materials shall be those designed to withstand prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building; 4. Remove any material littering the floors and stairways; 5- Remove any loose material from the ceilings; 6. Repair the holes in the roof; 7. Determine the cause of the sloped and heaved floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use; S. Repair any deteriorated stairways in the building and install handrails; 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, and fascia boards and removing all debris in the rear and side yards. rd Dated at Saint John, N. B. on the March // , 1999. William Edwards, P. g. Building Inspector for The City of Saint John City Hall - 10" Floor 15 Market Square, Saint John, N. B., E2L 4L1 Tel: (506) 658 -2911 FAX (506) 632 -6199 SCHEDULE "A)) IN THE MATTER OF A CERTIFICATE OF TITLE DATED MARCH 9, 1999 AND IN THE MATTER OF THE PROPERTY AT ISO VICTORIA STREET, SAINT JOHN, NEW BRUNSWICK NEW BRUNWICK GEOGRAPHIC CORPORATION PROPERTY IDENTIFICATION NUMBER 376541 THAT lot of land situate, lying and being in the said City, bounded and described as follows: Beginning on the southern side line of Victoria Street at a distance of sixty -six (66) feet measured westwardly from its intersection with the western line of Durham Street, going thence westwardly along the said line of Victoria Street thirty (30) feet, thence southwardly parallel with the aforesaid line of Durham Street, one hundred (100) feet, thence eastwardly' parallel with Victoria Street aforesaid, thirty (30) feet, and thence northwardly one hundred (100) feet to the place of beginning; being the lot formerly leased by W.W. Turnbull to one Alice D. Beaton. This parcel is shown on City Survey Sheet No. 59. The above property being exempted under Section 28(1)(c) of the Community Planing Act on the 6`h day of October, 1964 by Murray Zides for the Town Planning Commission of Metropolitan Saint John in the Deed between Eastern & Chartered Trust Company to LeRoy Lawrence Arbing and Myrtle Lillian Arbing dated the 18' day of September, 1964 and registered in the Saint John County Registry Office on the 7"' day of October, 1964 in Book 518 at Pages 325 -329 as Number 1999033. For Plan see File 40 #19. it " ID ! 37 (PAGEJ_ of { C1iY 1 RECRE- - ANON F14� I CENTER r - 1 l r 3 L J 37 Oo3 43 0 tn J n' u`l)i �" 3 827 14 35 149 146 75030 -i t w - - - - - -9_. ps I mmm f11 r NWT T" r E®t i rlicmml r f r .. . Bryden Sf. ` m 1 i 75022 W W � W W W W W W W —4 -+ I e, c� m m 0) 145 m CD (J I W N p C 0). _SD = 'v 75006 fI1 - 55092348 1 � r 37900E W W r W W w I 3 ❑ tr cn cr -L cD tr ch l CA 11 W -11 . 0 ^J -1 -! CD 0) 0 N 0 � Q) W 0 -4 oa ^ 3749 = i _ Y U �rmmm- xnmmmzmr• - K"eWmanra rmel>aansaSj r»r��r�l NN NN Nas rr s rj l6 3749 r 6 ':. LORNE v, I m 5C3/aW65 zr — -4 N 37C 7 e 5505115` gal-" Emsma-w-am 1 r - tLL VICTORIA ST. 37 a W w W w ~ - cD Q) m 3 7 5 0 O W ON � V �- 9 W w m m O m CFUR C N .� N 37, 1 ^ N3 - `J �i884 _ N LA r r>s!� rS r rR Victorio St. ....... __.___..._ __ _-. _ _ A a _.._ _. .. _ V _.._. _ ■ N s —� MEMMIN WIN IN 71 0 OR Zj ko UNS Yr ao 30 : 0.--. -JIM amp op �L w a 150 VICTORIA SHEET A6 E I of House Photos Schedule "D" Page 1 1. View of 150 Victoria Street - front and right side as seen from Victoria Street. 2. Front and left side of 150 Victoria Street. Page 2 1. Rear and right side of 150 Victoria Street. 2. Rear of 150 Victoria Street. (PAGE 3 of Tn. - -j -. IC-10RIA STA -T -.r.l.-HEDULE '-:'AGE I of f i - >.I ) VICTOR "A, �S-CREFT t--) P. I L� UiAGE-ZofA) Tr 0 1-5ci House Photos Schedule "E" Page 1 1. Rear and left side of 150 Victoria Street. 2. Interior rear shed area. Page 2 1. Interior kitchen. 2. Interior wall. Page 3 1. Interior wall. 2. Interior ceiling. (PAG� -of _`L) INSPECTION' REPORT 150 Nrictoria Street I\BGIC 9 376541 Inspection Nov 24/98 and Dec 3198 ' EXTERIOR FRONT 1. The foundation at the front has two cracks. It mist be repaired and thereafter maintained in a structurally sound condition. 2. A number of aspenite shingles are broken or missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather_ 3. The clapboards exposed as a result of missing aspenite shingles have numerous holes. They must be replaced or the holes sealed so as to prevent further deterioration. 4. The soffitt at front left comer is rotted. It must be replaced and thereafter be maintained so as to prevent further deterioration. 5. The downspout is missing. It must be replaced and thereafter be maintained so as to prevent further damage to the exterior of the dwelling. 6. All the windows on the front of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent 111-3 entrance of "wind and precipitation into the dwelling. RIGHT SIDE 7. The foundation at the right side has three cracks. It must be repaired and thereafter iaintained in a structurally sound condition. 8. A number of aspenite shingles are broken or missing. They must be replaced and the «. all thereafter maintained so as to prevent its further deterioration due to weather. 9. The shingles exposed as a result of missing aspenite shingles have numerous holes. They must be replaced or the holes sealed so as to prevent further deterioration. 10. All the windows on this side of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of v,-Ind and precipitation into the dwelling. k, -'hG3 H of REAR OF ItiIAIN DWELLING 11. The backyard is littered with debris from demolition of the rear garage. It must be cleaned up and the yard maintained so as to offer safe passage under normal use. 12. A number of aspenite shingles are broken or missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to Nveather. 13. A number of shingles exposed as a result of missing aspenite shingles are rotting and/or missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 14. All the windows on this side of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 15. The soffit at the rear of the main building is rotted. It must be replaced as necessary and thereafter be maintained so as to prevent their further deterioration due to weather. RIGIIT SIDE OF ELL 16. The foundation is cracked at two locations. It must be repaired and thereafter maintained in a structurally sound condition. 17. A number of aspenite shingles are broken or missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 18. A number of shingles exposed as a result of missing as shingles are rotting and /or missing. They must be zeplaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 19. All the windows on this side of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. REAR OF ELL 20. A number of aspenite shingles are broken or missing_ They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to tiveather. 21. A number of shingles exposed as a result of missing aspenite shingles are rotting and/or missing. The }' must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. �� ;►;�UJLE �1.��. (PAGE 2 of,�� 22. All the windows on this side of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 23. The fascia boards are fire- damaged. They must be replaced as necessary and thereafter be maintained so as to prevent deterioration 24. The corner trim boards are rotted. They must be replaced as necessary and thereafter be maintained so as to preveyut deterioration. LEFT SIDE 25. A number of aspenite shingles are broken or missing. They must be replaced and the Nvall thereafter maintained so as to prevent its further deterioration due to weather. 26. A number of shingles exposed as a result of missing aspenite shingles are rotting, missing and /or fire damaged. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 27. All the windows on this side of a building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 28. The fascia boards are fire- damaged. They -must be replaced as necessary and thereafter be maintained so as to prevent deterioration Ii\TERIOR ]FURST FLOOR 29. The ceilings are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The ceilings must be sanded and painted as necessary. 30. The walls are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The -walls must be sanded and painted as necessary. 31. The wall paneling is bulging, indicating possible moisture problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition. M .� _..�i;Ui_F ...F. t '�,G I LAofa) 32. The wood panelling does not appear to meet the required surface flame spread rating of 150. It, therefore, must be considered to be a safety hazard and must be either removed, treated with a flame retardant compound or, covered with a properly rated material. 33. The trim on the walls is cracked. Every interior wall and ceiling in a dwelling shall be maintained'so as to be free of any condition ~which might cause injury. The trim must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it,is easily cleaned. 34. The floors are heaved and warped, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 35. The floors are full of glass and debris. It must be removed and thereafter the floors are to be kept clean. 36. There is a split water pipe in the first floor kitchen. It must be replaced or repaired as necessary. 37. The front stairs from the ground floor to the second floor are deteriorated. They must be replaced and/or repaired as necessary and thereafter all parts of the dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own tiveight and any additional weight that may be put on it through nornnal use. 38. The treads on the front stairs to the second floor are broken. An inside or outside stairs shall be maintained so as to be free of any condition that may constitute an accident hazard. They must be replaced or repaired using suitable means. 39. There is no handrail on the front stairs to the second floor. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. 40. The rear stairs frown the ground floor to the second floor are deteriorated. They must be replaced and/or repaired as necessary and thereafter all parts of the dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight and any additional weight that may be put on it through normal use. 41. The treads on the rear stairs to the second floor are broken. An inside or outside stairs shall be maintained so as to be free of any condition that may constitute an accident hazard. They must be replaced or repaired using suitable means. DOLE % (PAGE9_ofa) 42. There is no handrail on the rear stairs to the second floor. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. SECOND FLOOR 43. The ceilings are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The ceilings must be sanded and painted as necessary. 44. The plaster on the ceilings is cracked and/or falling. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceilings must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. 45. The wall paneling is bulging, indicating possible moisture problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition. 46. The %wood panelling does not appear to meet the required surface flame spread rating of 150. It, therefore, must be considered to be a safety hazard and must be either removed, treated with a flame retardant compound or, covered with a properly rated material. 47. The walls are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The walls must be sanded and painted as necessary. 48. The floors are heaved and warped, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a stnicturally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 49. The floors are full of glass and debris. It must be removed and thereafter the floors are to be kept clean. 50. This floor of the building is infested with pigeons and their refuse. The building must be made secure to prohibit their entrance into the building and the refuse is to be cleaned up and removed. 51. The doors are kicked out. They must be properly repaired and thereafter be maintained so as to offer safe unobstructed passage at all times. 52. This floor is smoke damaged. All damaged areas are to be examined, replaced or repaired as necessary. DULE (PAG E -5- of 53. The rear ell area is severely fire damaged and smoke damaged. All damaged areas are to be examined, replaced or repaired as necessary. 54. The front stairs from the second floor to the third floor are deteriorated. They must be replaced and/or repaired as necessary and thereafter all parts of the dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight and any additional weight that may be put on it through normal use. 55. The treads on the front stairs from the second floor to the third floor are broken. An inside or outside stairs shall be maintained so as to be free of any condition that may constitute an accident hazard. They must,be replaced or repaired using suitable means. 56. There is no handrail on the front stairs from the second floor to the third floor. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. 57. The rear stairs from the second floor to the third floor are deteriorated. They must be replaced and/or repaired as necessary and thereafter all parts of the dwelling shall be maintained in a stnicturally sound condition so as to be capable of safely sustaining its own weight and any additional weiglit that may be put on it through normal use. 58_ The treads on the rear stairs from the second floor to the third floor are broken. An inside or outside stairs shall be maintained so as to be free of any condition that may constitute an accident hazard. They must be replaced or repaired using suitable means. 59. There is no handrail on the rear stairs from the second floor to the third floor. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. THIRD FLOOR 60. The ceilings are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The ceilings must be sanded and painted as necessary. 61. The plaster on the ceilings is cracked and /or falling. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceilings must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. (PAGE G . of � � 62. The wall panelling is bulging, indicating possible moisture problems. The cause must be found and rectified and #hereafter every part of the building shall be maintained in a structurally sound condition. 63. The wood panelling does not appear to meet the required surface flame spread rating of 150. It, therefore, must be considered to be a safety hazard and must be either removed, treated with a flame retardant compound or, covered Nvith a properly rated material. 6�. The walls are peeling. The; surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The tivalls must be sanded and painted as necessary. 65. The floors are heaved and warped, indicating possible structural problems. The cause rnust be found and rectified and thereafter every part of the building shall be naintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal 'Ise. 66. The floors are full of glass, garbage and debris. It must be removed and thereafter the floors are to be kept clean. 67. This floor of the building is infested with pigeons and their refuse. The building must be made secure to prohibit their entrance into the building and the refuse is to be cleaned up and removed. 68. There are holes in the roof in the rear ell area. All damaged areas are to be examined, replaced or repaired as necessary. 69. This floor is smoke damaged- All damaged areas are to be examined, replaced or repaired as necessary. 70. The rear ell area is severely fire damaged, smoke damaged, and water damaged. All damaged areas are to be examined, replaced or repaired as necessary. Dated at the City of Saint John, this `" day of December, 1998. Amy Po feluroth, BScE By -la -,v Enforcement Officer '"7m. Edwards, P.Eng. Building Inspector (PAGE -1of�} RESOLVED that the following resolutions be adopted: WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at 148 -150 Victoria Street in the City of Saint John, N. B., was conveyed to Gambit Holdings & Development Ltd. by Patrick G. and Helen M. Buckley by a deed which was dated February 27, 1995, and was registered on March 2, 1995, in the Saint John County Registry Office in Book 1757 as Number 399043 beginning at page 103. The said parcel of land is more particularly described in the submitted schedule "A" which is attached hereto and was attached to the aforesaid deed, and is identified as parcel 376541 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted 'as schedule "B ", and shown on the plan that was submitted as schedule "C ". 5A I^ Q d %A. tIt AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled `'A By -Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a 3 storey building (herein called "the Gambit building ") that is shown on the submitted schedule "D ". The Gambit building has, as the result of being vacant for more than 3 years and as a result of a fire which occurred in September of 1995, become dilapidated or deteriorated so as to be in a dangerous and unsightly condition. The condition of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., and William Edwards, P. Eng., which is dated December 8, 1998, and was submitted as schedule "F". 2 The cracks in the foundation and the sloping and /or heaving of the floors and stairways are indications that the building has structural problems. Holes in the roof contribute to the continued deterioration of the building. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen wl o may be required to enter into the Gambit building to carry out their duties. The Gambit building and property is in an unsightly condition because of deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, fascia boards and debris in the rear and side yards. AND WHEREAS, after having considered (a) the submitted inspection report C of Amy Poffenroth, BscE., and William Edwards, P. Eng., which is dated I V January 20, 1999, (b) the report from the City Manager and others which was dated 1999, (c) the submitted letter from report of of the Saint John Fire Department, (d) the submitted of the Saint John Police Force, and (e) the oral report of Mr. William Edwards, P. Eng., the Building Inspector of The City of Saint John, we find that the Gambit building is in a dangerous and unsightly condition. BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the following work: 3 I 1. Repair the foundation wall; 2. Remove all broken' glass from the windows; 3. Board up any windows or other openings which are not "already boarded up. Boarding materials shall be those designed to withstand ` prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building; 4. Remove any material littering the floors and stairways; 5. Remove any loose material from the ceilings; b. Repair the holes in the roof; 7. Determine the cause of the sloped and heaved floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use; 8. Repair any deteriorated stairways in the building and install handrails; 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, and fascia boards and removing all debris in the rear and side yards. 4 BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building. Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order." ,5-0heA` le Nr a IL �� RESOLVED that the following resolutions be adopted. WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at 148 -150 Victoria Street in the City of Saint John, N. B., was conveyed to Gambit Holdings & Development Ltd. by Patrick G. and Helen M. Buckley by a deed which was dated February 27, 1995, and was registered on March 2, 1995, in the Saint John County Registry Office in Book 1757 as Number 399043 beginning at page 103. The said parcel of land is more particularly described in the submitted schedule "A" which is attached hereto and was attached to the aforesaid deed, and is identified as parcel 376541 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted as schedule "B ", and shown on the plan that was submitted as schedule "C ". AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled "A By -Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a 3 storey building (herein. called "the Gambit building ") that is shown on the submitted schedule "D ". The Gambit building has, as the result of being vacant for more than 3 years and as a result of a fire which occurred in September of 1995, become dilapidated or deteriorated so as to be in a dangerous and unsightly condition. The condition of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., and William Edwards, P. Eng., which is dated December 8, 1998, and was submitted as schedule "F "_ 2 The cracks in the foundation and the sloping and/or heaving of the floors and stairways are indications that the building has structural problems. Holes in the roof contribute to the continued deterioration of the building. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the Gambit building to carry out their duties. The Gambit building and property is in an unsightly condition because of deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, fascia boards and debris in the rear and side yards. AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BscE. , and William Edwards, P. Eng. , which is dated January 20, 1999, (b) the report from the City Manager and others which was dated March 17, 1999, (c) the submitted letter from Thomas White, Fire Prevention & Investigation, Saint John Fire Department, (d) the submitted report of Brian Fillmore, Assistant Deputy Chief, Support Services Division, Saint John Police Force, and (e) the oral report of Mr. William Edwards, P. Eng., the Building Inspector of The City of Saint John, we find that the Gambit building is in a dangerous and unsightly condition.. BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the following work: I 1. Repair the foundation wall; 2. Remove all broken glass from the windows; 3. Board up any windows or other openings which are not already boarded up. Boarding materials shall be those designed to withstand prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building; 4. Remove any material littering the floors and stairways; 5. Remove any loose material from the ceilings; 6. Repair the holes in the roof; 7. Determine the cause of the sloped and heaved floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use; 8. Repair any deteriorated stairways in the building and install handrails; 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, clapboards, soffits, downspouts, corner boards, and fascia boards and removing all debris in the rear and side yards. 4 BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order." OPEN SESSION M &C 99 -96 March 17, 1.999 Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: SUBJECT city of Saint John Dangerous and Unsightly Condition of Vacant Building located at 75 Durham Street (N.B.G.I.C. parcel number 376566) Saint John, N.B. BACKGROUND The building located at N.B.G.I.C. parcel number 376566 is a large structure which is divided into two parts by a common wall and has two civic addresses. One part (civic address 158 Victoria Street) is three storeys high and has its main entrance on Victoria Street. The other part (civic address 75 Durham Street) is two storeys high and has its main entrance on Durham Street. The common wall which joins the two parts is located where the two storey portion meets the three storey portion. The owner of the building is Gambit Holdings & Development Limited, with the sole officer of the company being Bonnie Deering. Building Inspection records show that 75 Durham Street has been vacant since it was severely fire damaged in October, 1998. The building has deteriorated over the years to a point where it is now unsightly and dangerous to the public. The unsightly conditions of the property as well as the structural problems associated with the building results in potential danger to neighbours and children in the immediate vicinity as well as any transients. Particulars of the condition of the building are set out in the inspection report submitted by Amy Poffenroth, which is dated January 20, 1999 (attached as schedule „Flo). Beginning in 1989, the Building and Technical Services Department had been working with the previous owners of the property with respect to minimum property standards violations. A Court Order was issued against the previous owner in January, 1992 with 2 respect to these violations. Gambit Holdings & Development Limited acquired the building in 1994 and has allowed the building to continue to deteriorate. In October of 1998, 75 Durham Street was severely damaged by fire. The building was boarded up, and remains vacant today. Since that time, Gambit Holdings & Development Limited has been notified on a number of occasions by mail and phone, and has met with staff from the Building and Technical Services Department, and was urged to remedy the dangerous and unsightly issues associated with this property. The building has remained boarded up and in an unsightly condition. The owner, Gambit Holdings & Development Limited, has been made aware of the right to appear and be heard at the March 22"a, 1999 .meeting of Common Council. A copy of the attached Notice to Appear and supporting documents were served to Bonnie Deering of Gambit Holdings & Development Limited at the Animal Veterinary Clinic in Grand Bay, N.B, on March. 11, 1999. A copy of the Notice to Appear was served on. March 11, 1999 to Bayview Credit Union Limited, the Royal Bank of Canada, and 503179 N. B. Limited, who hold mortgages on the property. A copy of the Notice to Appear was also posted on the building at 75 Durham Street on March 16, 1999. ANALYSIS 1. Strategic Plan Conformity/Existing Conformity/Existing Cily Policy The City, by by -law, has adopted section 190 of the Municipalities Act which provides that a person shall not permit property owned or occupied by him to become dilapidated or deteriorated so as to be in a dangerous, unsightly or unhealthful condition. A Council may, upon notice to the owners, consider the condition of a building and require owners to remedy any dangerous, unsightly or unhealthful condition. The owners have the right to attend and be heard at the meeting. If the council finds a building to be in a dangerous, unsightly or unhealthful condition and the owners do not comply with a notice to remedy the condition within the time stated, then pursuant to section 106.1 of the Act, an application can be made to a Judge of the Court of Queen's Bench of New Brunswick for an order which would require the owners to remedy the condition within a specific period of time and which would authorize the municipality to demolish the building at the owner's expense if the owners did not comply with the order. 2. Input from Other Sources The Legal Department has identified the owner of the property and has provided advice relating to the relevant law, preparation of the resolutions, and to the procedures to be followed in dealing with this issue. 3 Thomas P. White, Divisional Chief of Fire Prevention & Investigation in his letter dated March 8, 1999 advises that the building has been kept secure since the fire in October, 1998 (attached). Brian Fillmore, Assistant Deputy Chief, Support Services Division of the Saint John Police Force advises in his letter dated March 15, 1999 that there have been seven police and fire calls to 75 Durham Street since June 1, 1997 (attached). 3. FinancialImblications The attached resolutions provide the owner with an opportunity to remedy the dangerous and unsightly conditions. However, it appears unlikely that the owner will make the necessary repairs to the structure as described in the resolutions and demolition of the building becomes the next available option. Staff estimates the cost of demolition, removal of debris, and rehabilitation of the site as being four to five thousand dollars ($4000 - $5000). The attached resolutions instructs the Building Inspector to serve notice upon the owner giving them the option of either demolishing the building and removing the debris or by carrying out the work as noted. In the event the owner does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would: (a) require the owner to either demolish the building and remove the debris or by carrying out the work as noted, and in the event that the owner did not comply with the Court Order, (b) authorize The City of Saint John to cause the building to be demolished and the debris removed at the expense of the owner. RECOMMENDATION Your City Manager recommends that Common Council adopt the attached resolutions. Respectfully submitted, Wm. Edwards, P. Eng. Manager Building and Technical Services ?Claude MacKinnon, P. Eng. nd Devel ment Services Terrence Totten, CA City Manager Fire Department March 8, 1999 P. Glen Tait Fire Chief Building & Technical Services P.O. Box 1971 Saint John, N.B. E21, 4L1 Attention: Amy Poffenroth Dear Amy: 45 Leinster Street Saint John New Brunswick Canada E2L IH9 506 658 -2910 Fax 506 658 -2916 HAR 0 : 1999 f3UILDit•1G I,VSGE:Cr {ON Re: 150 Victoria St., 158 Victoria St. & 69 Durham St. 9i 11 City of Saint John We have visited 150 Victoria St. only six (6) times since it was severely damaged by fire on September 1, 1995. In each case the structure was secured within hours. Each of the visits was either because of a complaint or one of our personnel noted that it had become open. The building is checked regularly and has been kept secure. It is a three family building. What you noted as 75 Durham St., we have listed as 69 Durham Street. This structure was damaged by fire October 4, 1998. The building is checked on a regular basis weekly and has been kept secure since the fire. This is a two - family building. The building at 158 Victoria St., is attached to 69 Durham by ells that are attached to each of the buildings and probably contain sheds. Durham being a two storey ell and Victoria being 3 storeys. We have made only one inspection of the premises at 158 Victoria on January 5, 1999 and a number of violations were noted. Since that time the top and ground floor have been vacated and only the middle floor remains occupied. The violations remain open but we have not been able to recheck because of the units being vacant. A note to the owner notifying them the units are not to be reoccupied until the violations have been corrected has been sent. Yours truly, Thomas P. White, Divisional Chief Fire Prevention & Investigation Saint John Police Force 15 March, 1999 C.E. (Butch) Cogswell Chief of Police Amy Poffenroth By -Law Enforcement Officer Huilding.and_Technical Services City of Saint John Amy-. P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 648 -3200 Fat: 506 648 -3304 Admin 506 632 -6158 Major Crime 506 632 -6155 District 1 506 658 -2839 Records NO 1,5 1919,9 �® a�,t��rfG rasp - S.ubjeet_ 1-50 Victaria.Street,.158 Victoria Street &_75 Dutrham.Street.(69 Durham) 07 SA/MT � NN S XG FF NCE POLICE Your request for information on the above noted property was forwarded to my desk for response. Our-records ha- ve.he-en_ reviewed .with- respe_ct_to_police and. fire. calls .at.the..addresses.in_vglved. We checked for a period of over 18 months dating, back to June 1, 1997. The results show numerous. calls.to. these-. locations- howevez most of thesc_w.ould. not_be_relatcd -to_ the, property itself. The - property. related-.calls- include; 150 Victoria Street 3 Suspicious Activity 1 Police to -Fire -.call 1 Break & Enter 1 Outside Fire Call 158 Victoria-Street 7 Damag,e/ Vandalism 1 Break- & Enter. 75 Durham Street (69 Durham) 5 Suspicious Activity 1 Damage/ Vandalism 1 Medical- Rescue- 1999 - ISO��✓�nniuersary I trust this information will be useful. Please contact me if you require more information on these. addresses_ ., BC (Brian) Fill ore Assis Deputy Chief SUPPORT SERVICES DIVISION ! NOTICE TO APPEAR TO: Gambit Holdings & Development Ltd., and The Royal Bank of Canada, and 503179 N.B. Ltd., and Bayview Credit Union Limited, and Any other person it may concern WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at the corner of the south side of Victoria Street and the west side of Durham Street in the City of Saint John, N. B., was conveyed to Gambit Holdings & Development Ltd. by Michael G. McLeod by a deed which was dated March 23, 1994, and was registered on April 5, 1994, in the Saint John County Registry Office in Book 1702 as Number 392700 at pages 147 -156. The said parcel of land is more particularly described in the schedule "A" which is attached hereto and was attached to the aforesaid deed, and is identified as parcel 376566 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which is attached hereto as schedule "B ", and is shown on the plan that is attached hereto as schedule "C". There are mortgages outstanding in favour of The Royal Bank of Canada and 503179 N.B. Ltd. and Bayview Credit Union Limited. AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled "A By -Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a large building (herein called "the Gambit building ") which is divided into two parts by a common wall and is shown on schedule "D". One part is three storeys high 2 l and is approximately 62 feet long and has its main entrance on Victoria Street. The other part, which is herein referred to as "the two- storey Durham Street portion of the Gambit building ", is two storeys high and is approximately 39 feet Iong and has its entrance on Durham Street. The two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition as a result of a deterioration and/or dilapidation, and as a result of suffering severe fire damage in October 1998. The condition of the two storey Durham Street portion of the Gambit building is shown on schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., which is dated January 20, 1999, and is attached as schedule "F ". The building is leaning and there are several other indications of structural problems. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the two storey Durham Street portion of the building to carry out their duties. The building is unsightly because of holes in its exterior walls and deteriorated or missing shingles, downspouts, flashing, corner bards and fascia boards. TAKE NOTICE that the Common Council of The City of Saint John shall at its meeting to be held on March 22, 1999 at 7:30 p.m. at the City Hall Building, 15 Market Square, Saint John, New Brunswick, consider the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building and what should be done by Gambit Holdings & Development Ltd. respecting it. Common Council will be asked to pass the resolutions which are attached as schedule "G" or such other resolutions as it deems appropriate in the circumstances. You have the right to attend before Common Council at that time to show cause, if any, why Common Council should not find the two storey Durham Street portion of the Gambit building to be in a dangerous and unsightly condition and also require Gambit 3- 1 Holdings & Development Ltd. to remedy the condition, within such time as Common Council may set, by either demolishing the two storey Durham Street portion of the Gambit building and removing the debris or by carrying out the following work: 1. Remove all broken glass from the windows; 2. Board up any windows or other openings which are not already boarded up. Boarding materials shall be those designed to withstand prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building. 3. Remove any material littering the floors and stairways; 4. Construct a landing and stairway with a handrail at the front right exit; 5. Remove any loose material from the ceilings; 6. Repair or replace the second floor rear stairway, and install handrails; 7. Repair the holes in the walls; S. Determine the cause of the sloped floors, the lean of the building, and the spongy floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely 4' its own weight and any additional weight that may be put on it through normal use; 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, downspouts, flashing, corner boards, and fascia boards. Dated at Saint John, N, B. on the March -, 1999. /1� William Edwards, P. Eng Building Inspector for The City of Saint John City Hall - 10'h Floor 15 Market Square, Saint John, N. B., E21- 4L1 Tel: (506) 658 -2911 FAX (506) 632 -6199 SCHEDULE "A" IN THE MATTER OF A CERTIFICATE OF TITLE DATED MARCH 9, 1.999 AND IN THE MATTER OF THE PROPERTY AT 158 rf VICTORIA & 69 DURHAM STREETS, SAINT JOHN, NEW BRUNSWICK NEW B.RUNWICK GEOGRAPHIC CORPORATION PROPERTY IDENTIFICATION NUMBER 376566 The lands and premises conveyed to the said Kathleen Smith- Speight by Eastern 7 Chartered Trust Company as Liquidator of Turnbull Real Estate Company by Indenture bearing date the 10"' day of November, A.D. 1965, registered in the Office of the Registrar of Deeds in and for the County of Saint John in Book 541 at pages 827 -830 as #205207 on the 23" of December, 1965 and therein described as follows: "THAT lot of land situate, lying and being in the said Town of Portland and- - described and bounded as follows: BEGINNING on the Southern side of Victoria Street where the western side line of Durham Street meets the same, thence running westerly by Victoria Street thirty -six feet, thence southerly and parallel with Durham Street One hundred (100) feet, thence easterly and parallel with Victoria Street thirty -six (36) feet to the western side line of Durham Street and from thence northerly by the same one hundred 9100) feet to the place of beginning." BEING the same lands and premises as conveyed by Indenture of Deed dated 21" day of September, A.D. 1973, between KATHLEEN SMITH SPEIGHT as Grantor and AVIS D. YEOMANS, as Grantee which said deed was registered at the Saint John County Registry Office on the 3" day of October, A.D. 1973 in Book 708 as number 243998. BEING the same lands and premises conveyed in an Indenture of Deed dated the 9`h day of November, 1984, between Avis D. Yeomans as Grantor and Michael Gerald McLeod as Grantee, said Indenture of Deed being registered in the Registry Office for the County of Saint John, Province of New Brunswick, on the 15' day of November, 1984, in Book 1067 as document number 318718. IDENTIFIED as' 158 Victoria Street, Saint John, N.B. 5e. he 4.4 1 e p Its M _*/ �PAOE_Lof FIELD 37 CITY RE C R E - 4T to N C ENT ER me Ul cc CD cD 0 (D 3,M111- 063 1 3 �6411 3 5 4 149 1 1 4 JIDID --- LX o rr) , in t- 2 2 w --•— 4 U') ro 3 827 145 Q1 (D B r y d e n J-7500e R 'Cn, LA L4 ul LA (P Ul cc CD cD 0 (D 3,M111- w I i L CA CA (D CD 0 CD cri (D -4 0 -4 w mumm x ===a 0 1,N e w m o nil 'I N==m ■ 0 mmm x "=I= ■ P-1 - ?a . 8 C> x10 LORNE -4 S C5% CD __j *41MEW1 Z04" L (A 04 VICTORIA ST. EJ_ _UL7 E L �5 0 J- 0 CT 150 0 m W tin c0 a) CZ) 0 CFURCH 4 0, -6 Z4 CA LA Victoria 36... —Fi — ■ 3749` 374 37� F37 37 E 063 1 3 �6411 3 5 4 149 1 1 4 7 50 30 --- LX St. 2 2 w --•— 4 c 145 Q1 (D J-7500e w I i L CA CA (D CD 0 CD cri (D -4 0 -4 w mumm x ===a 0 1,N e w m o nil 'I N==m ■ 0 mmm x "=I= ■ P-1 - ?a . 8 C> x10 LORNE -4 S C5% CD __j *41MEW1 Z04" L (A 04 VICTORIA ST. EJ_ _UL7 E L �5 0 J- 0 CT 150 0 m W tin c0 a) CZ) 0 CFURCH 4 0, -6 Z4 CA LA Victoria 36... —Fi — ■ 3749` 374 37� F37 37 E 'W Cc; -,,,C Ld A N" .oz 4. z. un •I •irki-l" i- -1-1 a; yl W , 4t ;X91, —I.?. ik M',— P-4 A r zi- ;Q7- -i qi TZ, -X3 j M M 0 N aff -NA • Y.N L3 4 KJ) ....... Z• ........ si;z: cj, -:A'z�v F. MW OWL, Ell Sc . .... . cO it P: IL mo its III: -, -_-' .�•': SZ) _I_ ............... ..................... ------ ........... ;X91, —I.?. ik M',— P-4 A r zi- ;Q7- -i qi TZ, -X3 j M M 0 N aff -NA • Y.N L3 4 KJ) ....... Z• ........ si;z: cj, -:A'z�v F. MW OWL, Ell Sc . .... . cO it P: IL mo '75 DURFVAH SrREC-F AQ-Lb j5t, '75 ��rRe-E-r SCHEDWE (PAGE J, of -Z .W.)) I z . t s'HIEDULE �V House Photos Schedule "D" Page 1 1. View of 75 Durham Street and left side of 158 Victoria Street as seen from Durham Street. 2. Close up of front and left side of 75 Durham Street. Page 2 Two storey ell of 75 Durham Street joined to the three storey ell of 158 Victoria Street. 2. Rear of 75 Durham Street. r - %I , (PA GE---� of 3 i a -%"'HEDULE ki-AGE lof-0 A'EDULE PA Q"E :Z 41 t. '15 HAM o->AGE�&.:J.j House Photos Schedule "E" Page 1 1. Interior wall. 2. Interior wall. Page 2 1. Interior window. 2. Interior closet under stairwell. Page 3 1. Interior wall. 2. Interior door frame. (PAGER -ofd) INSPECTION REPORT 75 Durham Street N.B.G.I.C. 4 376566 Inspection Nov.,24,1998 and January 19,1999 EXTERIOR FRONT 1. The downspouts at the front of the dwelling are missing. They must be replaced and thereafter be maintained so as to prevent leakage into the dwelling. 2. The metal flashing at the front is rusted. It must replaced as necessary and thereafter be maintained so as to prevent their further deterioration due to weather. 3. The structure is leaning. The cause of the movement must be found, appropriate repairs made and thereafter every part of the dwelling shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use 4. The windows on the front of the building are broken. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 5. A few shingles on the front wall are missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 6. The front corner trim boards are deteriorated. They must be scraped and painted or replaced as necessary and thereafter be maintained so as to prevent further deterioration due to weather. FRONT RIGHT 7. The windows on the front right of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 8. There are no stairs at the front right exit. A landing with stairs and handrails are to be constructed and the exit maintained so as to provide a safe, continuous and unobstructed exit path from the interior of the dwelling to the exterior at grade level. 9. A number of shingles at the front right wall are rotting and/or missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. LEFT SIDE 10. A number of shingles at the left side are rotting, missing or fire damaged. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 11. The windows at the left side of the building have broken glass. The glass must be 117 replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwellitrg. 12. The fascia boards at the left side appear to be deteriorating. They must be scraped, painted or replaced as necessary and thereafter be maintained so as to prevent their further deterioration due to weather. 13. The corner trim boards are rotted. They must be replaced as necessary and thereafter be maintained so as to prevent further deterioration due to weather. REAR 14. The fascia boards at the rear appear to be deteriorating. They must be scraped, painted or replaced as necessary and thereafter be maintained so as to prevent their further deterioration due to weather. 15. The corner trim boards are rotted. They must be replaced as necessary and thereafter be maintained so as to prevent further deterioration due to weather. 16. The windows on the rear wall of the building have broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. RIGHT SIDE 17. A number of shingles at the right side are missing. They must be replaced and the wall thereafter maintained so as to prevent its further deterioration due to weather. 18. The corner trim boards are deteriorated. They must be replaced as necessary and thereafter be maintained so as to prevent further deterioration due to weather. -7'J LE F :�- 20f-4-) INTERIOR FIRST FLOOR 19. All areas on the first floor are significantly fire damaged, smoke damaged, and water damaged. All damaged areas are to be examined, replaced or repaired as necessary. 20. The ceilings are severely fire damaged. Every interior wall or ceiling in a dwelling shall be maintained so as to'be reasonably smooth and free of any condition which could cause injury. All damaged areas are to be examined, replaced or repaired as necessary and the ceilings refinished so as to be reasonably smooth, clean, tight and easily cleaned. 21. The walls are severely fire damaged. Every interior wall or ceiling in a dwelling shall be maintained so as to be reasonably smooth and free of any condition which could cause injury. All damaged areas are to be examined, replaced or repaired as necessary and the ceilings refinished so as to be reasonably smooth, clean, tight and easily cleaned. 22. There are holes in the walls. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of holes or cracks. The hole must be filled and the walls refinished so as to be reasonably smooth, clean, tight and easily cleaned. 23. The floors are spongy, indicating possible rotted wood. The cause must be found and rectified and thereafter every part of the building shall be maintained in a sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use 24_ The floors are sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 25. The front stairway from the first floor to the second floor is cluttered with debris as a result of fire damage and vandalism. The debris must be removed and thereafter the stairway is to be kept clean. 26. The windows have broken glass or no glass. The glass roust be repaired and/or replaced and the tivindoivs maintained so as to prevent the entrance of wind and precipitation into the dwelling. SECOND FLOOR 27. All areas on the second floor are significantly smoke damaged and water damaged. All damaged areas are to be examined, replaced or repaired as necessary. C,- «RU LE "F or (PAGE. -ofd ) 28. The floors are sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 29. The windows have broken glass or no glass. The glass must be repaired and/or replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. 30_ The woodshed floor and rear stairway is cluttered with debris. The debris must be removed and thereafter the floor and stairway is to be kept clean. 31. The woodshed floor is sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 32. The rear stairway is deteriorated. They must be replaced and /or repaired as necessary and thereafter all parts of the dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight and any additional weight that may be put on it through normal use. 33. There is no handrail on the rear stairway. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. 34. There is no lighting in the rear stairway. The existing system must be repaired or new lighting installed. Adequate artificial lighting is to be available at all times in every stainvay, hall, cellar, basement or similar non - habitable room in a dwelling. 35. The woodshed ceiling is twisted, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use 36. There are holes in the walls to the exterior. All damaged areas are to be examined, replaced or repaired as necessary. Dated at the City of Saint John, this day of January, 1999. Amy Poffenroth. BScE By -law Enforcement Officer rJ . i L DU r' L i.5. a3' kPAGE :6 of A) l� f RESOLVED that the following resolutions be adopted: WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at the corner of the south side of Victoria Street and the west side of Durham Street in the City of Saint John, N. B., was conveyed to Gambit Holdings & Development Ltd. by Michael G. McLeod by a deed which was dated March 23, 1994, and was registered on April 5, 1994, in the Saint 3olui County Registry Office in Book 1702 as Number 392700 at pages 147 -156. The said parcel of land is more particularly described in the submitted schedule "A ", and is identified as parcel 376566 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted as schedule "B ", and is shown on the plan that was submitted as schedule AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled "A By --Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a large building (herein called "the Gambit building ") which is divided into two parts by a common wall and is shown on the submitted schedule. "D ". One part is three storeys high and is approximately 62 feet long and has its main entrance on Victoria Street. The other part, which is herein referred to as "the two - storey Durham Street portion of the Gambit building ", is two storeys high and is approximately 39 feet long and has its entrance on Durham Street. The two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition, as a result of deterioration and /or dilapidation, and as a result of suffering severe fire damage in October 1998. 5 ,Z 1%edi4A !fir go g =ipf� 2- f ( The condition of the two storey Durham Street portion of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., which is dated January 20, 1999, and was submitted as schedule "F". The building is leaning and there are several other indications of structural problems. The lack—of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the two storey Durham Street portion of the building to carry out their duties. The building is unsightly because of holes in its exterior walls and deteriorated or missing shingles, downspouts, flashing, corner boards and fascia boards. AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BscE., which is dated January 20, 1999, (b) the report from the City Manager and others which was dated 1999, (c) the submitted letter from Fire Department, (d) the submitted report of of the Saint John of the Saint John Police Force, and (e) the oral report of Mr. William Edwards, P. Eng., the Building Inspector of The City of Saint John, we find that the two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition. a� n BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is •I served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the following work: 3" 11 X. Remove all broken glass from the windows; 2. Board up any windows or other openings which are not already boarded up. Boarding materials shall be those designed to withstand prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building. 3. Remove any material littering the floors and stairways; 4. Construct a landing and stairway with a handrail at the front right exit; 5. Remove any loose material from the ceilings; 6. Repair or replace the second floor rear stairway, and install handrails; 7. Repair the holes in the walls; $. Determine the cause of the sloped floors, the lean of the building, and the spongy floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely a its own weight and any additional weight that may be put on it through normal use;�� 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, downspouts, flashing, corner boards, and fascia boards. !1 4 . BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the two storey Durham Street portion of the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the two storey Durham Street portion of the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order." Ma. At PA lot RESOLVED that the following resolutions be adopted: WHEREAS the freehold title to the parcel of land (herein called "the Gambit property ") which is located at the corner of the south side of Victoria Street and the west side of Durham Street in the City of Saint John., N. B., was conveyed to Gambit Holdings & Development Ltd. by Michael G. McLeod by a deed which was dated March 23, 1994, and was registered on April 5, 1994, in the Saint John County Registry Office in Book 1702 as Number 392700 at pages 147 -156. The said parcel of land is more particularly described in the submitted schedule "A ", and is identified as parcel 376566 on the portion of the New Brunswick Geographic Information Corporation (NBGIC) plan which was submitted as schedule "B ", and is shown on the plan that was submitted as schedule "C ". AND WHEREAS the Gambit property is located in an area mentioned in the By -Law entitled "A By -Law Respecting Dangerous Or Unsightly Premises Within The City of Saint John "; AND WHEREAS there is located on the Gambit property a large building (herein called "the Gambit building ") which is divided into two parts by a common wall and is shown on the submitted schedule- "D". One part is three storeys high and is approximately 62 feet long and has its main entrance on Victoria Street. The other part, which is herein referred to as "the two - storey Durham Street portion of the Gambit building ", is two storeys high and is approximately 39 feet long and has its entrance on Durham Street. The two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition, as a result of deterioration and /or dilapidation, and as a result of suffering severe fire damage in October 1998. 2 The condition of the two storey Durham Street portion of the Gambit building is shown on the submitted schedules "D" and "E" and is described in the Inspection Report of Amy Poffenroth, BScE., which is dated January 20, 1999, and was submitted as schedule "F". The building is leaning and there are several other indications of structural problems. The lack of lighting and the condition of the floors and stairways presents a danger of injury or death to trespassers, and also to firemen or policemen who may be required to enter into the two storey Durham Street portion of the building to carry out their duties. The building is unsightly because of holes in its exterior walls and deteriorated or missing shingles, downspouts, flashing, corner boards and fascia boards. AND WHEREAS, after having considered (a) the submitted inspection report of Amy Poffenroth, BscE. , which is dated January 20, 1999, (b) the report from the City Manager and others which was dated March 17, 1999, (c) the submitted letter from Thomas White, Fire Prevention & Investigation, Saint John Fire Department, (d) the submitted report of Brian FiIlmore, Assistant Deputy Chief, Support Services Division, Saint John Police Force, and (e) the oral report of Mr. William Edwards, P. Eng., the Building Inspector of The City of Saint John, we find that the two storey Durham Street portion of the Gambit building is in a dangerous and unsightly condition. BE IT RESOLVED that Gambit Holdings & Development Ltd. is hereby required to, within 15 days after a notice from the Building Inspector is served upon it in accordance with section 190(4) of the Municipalities Act, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the following work: 3" 1. Remove all broken glass from the windows; 2. Board up any windows or other openings which are not already boarded up. Boarding materials shall be those designed to withstand prolonged exposure to the elements, and such materials shall be applied in such a manner as to present a uniform appearance over all of the building. 3. Remove any material littering the floors and stairways; 4. Construct a landing and stairway with a handrail at the front right exit; 5. Remove any loose material from the ceilings; 6. Repair or replace the second floor rear stairway, and install handrails; 7. Repair the holes in the walls; S. Determine the cause of the sloped floors, the lean of the building, and the spongy floors. Carry out the work as is required to ensure the building is structurally sound so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use; 9. Remedy the unsightly conditions of the building by repairing or replacing any deteriorated or missing shingles, downspouts, flashing, corner boards, and fascia boards. 4 BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Gambit Holdings & Development Ltd., in accordance with section 190(4), a notice which requires it to, within 15 days of being served, remedy the dangerous and unsightly condition of the two storey Durham Street portion of the Gambit building by either demolishing it and removing the debris or by carrying out the aforesaid work. BE IT FURTHER RESOLVED that in the event that Gambit Holdings & Development Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require Gambit Holdings & Development Ltd. to either demolish the two storey Durham Street portion of the Gambit building and remove the debris or carry out the aforesaid work within 15 days or such further time as the Court deems appropriate, and would (b) authorize The City of Saint John to cause the two storey Durham Street portion of the Gambit building to be demolished and the debris to be removed at the expense of Gambit Holdings & Development Ltd. in the event that it does not comply with the Order." GAMBIT HOLDINGS AND DEV. LTD. P. O. SOX 249 GRAND BAY, N. B. FOG 1 WO March 19, 1999 Common Council for the Citv Of Saint John 15 Market Square Saint _Tnhn N R E21, 4L Att: Common Clerk -Mary Mumford Honorable Mayor & Councilors: In regards to the notices served on our company, March 11, 1999, reouestinLa Renair or Demolition of our nrnnerties located at Civic no. 148 -150 Victoria Street & 69 Durham Street. We agree with the Building Inspectors assessment of the above mentioned properties but we would like Common Council to consider an extension of this order until June 30.1999. We are optimistic that we can complete our dealings with the Insurance Company in regards to the claim we presently have filed aaainst the Tnsurance Pnlinv narried for 69 T)wham Rtreet hv_ _tone 1999 We. will anniv with the Building Inspectors Office at the end of June 1999 for a Demolition permit for 148 -150 Victoria Street & for a Permit to either Repair or Demolish 69 Durham Street denending on the outcome of our settlement with the Insurance Comnanv_ if you see fit to grant our -requested extention we assure you that we will comply with All your Requests in a timely & diligent fashion. miff lw (W M-- 0 Wom rwa W 22 1999 OF Thanking you in advance Bonnie J. Deerina President - Gambit Holdings Ltd. MARINE WORKERS' FEDERATION Suite 1306 Cogswell Tower 2000 Barrington Street Halifax, Nova-Scotia BW 3K1 February 25, 1999 Her Worship Mayor Shirley McAlary Saint John City Council P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Dear Mayor Wells: CAW41 TCA CANADA Telephone: (902) 455 -7279 Fax.: (902) 454 -9473 The shipbuilding industry is important economically for the development of our coastal communities in Atlantic Canada through the creation of jobs both directly and indirectly in the building and repairing of vessels. With shipyards within your municipality you and your Council are very aware of the economic impact the shipyards can have when fully employed. Our union farmed a coalition with the Federation de la Metallurgie Inc. CSN, Quebec and the West Coast Marine and General Workers Federation, British Columbia to press the federal liberal government to put in place a shipbuilding policy in Canada that is comparable to what all other competitor nations have, including the United States A copy of our policy document, which was released in Ottawa on December 8, 1998 and supported by all three of our federations, is included. We are now embarking on a Canada -wide information and card signing campaign to make known the importance of a national shipbuilding policy and to build consensus and support for this issue within our communities. Enclosed along with our policy document is other information on our industry including a resolution which we are asking the Saint john City Council to support_ Your support in our campaign is support for shipyard workers building ships, it is support for badly needed jobs in our communities by assisting us in stressing the need for the federal government to act and put policies in place that would allow us the same opportunities afforded the United States and other shipbuilding nations around the world that we must compete for both domestic and international shipbuilding and repair contracts. Therefore, we are requesting a meeting with your Council in the month of March to make a presentation and to seek support. Mayor Shirley McAlary February 25, 1999 Page 2 1 await your earliest response to my request and if you have any questions, please do not hesitate to contact the undersigned. My office assistant, Pat Levangie, can be reached at (902) 455- 7279 to discuss possible dates for our presentation. Since' ely, Les Holloway Executive Director LH/pal cc Buzz Hargrove, President. l AV Bob Chernecki, Assist to Prcmdcnt. CAW Terry O'Toole, President. MAI ; Gary Marr, President. !11%1'{ Rug. _.* MAR 3 1 "Q Cm OW SAW JOW Shipbuilding Policy Resolution WHEREAS the shipbuilding industry is a high -tech industry which creates badly - needed jobs in Canada's coastal and St. Lawrence communities; and WHEREAS the very existence of many small to medium sized businesses in Canada depends on a thriving shipbuilding industry and on the consumer spending of shipbuilding workers; and WHEREAS over 75% of all goods transported between nations world -wide are carried in ships and the future refitting and replacement of that global fleet will generate important new business for successful shipbuilders ; and WHEREAS the level of Canadian marine construction content in major offshore petroleum developments could be considerably increased through appropriate policy measures; and WHEREAS if the federal government does not act now to implement a national shipbuilding policy that ensures a fair chance for our industry to compete for new projects at home and abroad, this valuable industry could cease to exist in Canada. THEREFORE BE IT RESOLVED that we support the shipbuilding industry in this country and ask the federal government to assemble the stakeholders of this important industry to discuss and formulate a policy to allow Canada's shipbuilding industry to maintain a level of employment and activity that fairly reflects our own needs for new ships and other marine construction. Signed this day of Organization Signing Officer 1999 CL E ° m °� c w c o m > M m o c n a E -' v ¢ c N c ° .� v c LLI cm a C �, c c ,. E d v C1 m o E m cc 'a yr C — LU � Z C � ;a Z a c "cs � OVC :�� � �� � 0 � C v O �; a c t � c v w a� o r� ap C co c> c p �, c� a s LL � E E G ro c m N m m =J mom ycc ��� � �(Z v+ Q o s Ui E� z o C. U m Z co C� >= a G cr LM 0 Z= ° m 'o i �' Q E z�. L rn r a �. c c c� a❑ c p c° �"�� j o F rrb �° � L J 3 cmr :� Z e E m Om. ° c E w c a E `� v} _ c or cr' = c� c a a7 c m O LU E C6 c: m E V c , `'� = U) c C6 ca _ w z 0 o Z r^. D Ems— w N¢ x =- — =? a at O E .. w REM — Q _ i = 3 CL x c O 7 ca ! O I E `a I w J 3_ c7 f A o i v_ t x ¢p v V v cc f O M v� t - a A L Lo W E I O Z cG S — ff � a c E C u ¢ t ' - vi v E G f y f n E c co c: Z _ �, - c E W � I r o{ v E a° CL Z —� T I z E I I N v W. c N E - - . W L a 0 0 O C3 C N C LL c0 cL7 w na L � A Shipbuilding Policy for Canada: Resuscitating a Strategic Part of our Industrial Base MwF/CAW -TCA Canada L3 Federation de la WtaUurgie lnc., CSN El Shipyard General Workers' Federation of British Columbia December 1998 Canada's Squandered Leadership Canada was once a major player in the global shipbuilding industry. Through the 1990s, however, our domestic shipbuilding capabilities have been sinking steadily -and today our industry is barely afloat. What was once an important employer in Canada's coastal, St. Lawrence and Great Lakes regions has now withered to the point where we cannot always even meet our own modest shipbuilding needs, let alone become a player in the global market. Despite short-term uncertainty arising from the Asian financial crisis, there is some evidence that the global shipbuilding industry may at last be coming out of a period of sustained recession. And various developments may help to stimulate new business within Canada for shipbuilding and marine construction -such as the need to revitalize the inshore and Great Lakes shipping fleets, future offshore oil and gas developments, and the growth of high -speed ferry and marine commuter services. But these positive trends will not trickle -down into new jobs and activity in Canadian shipyards, unless our governments reverse their "hands -off" policy stance toward this strategic industry. Shipbuilding could once again be an important source of high -wage jobs and economic growth in Canada's hard - pressed coastal, SL Lawrence and Great Lakes regions. The policy initiatives described below would help to rebuild our shipbuilding and marine construction capabilities, and preserve this important part of our nation's high - technology industrial base. The Crisis in Canadian Shi The 1990s have been a grim decade indeed for Canadian shipbuilding. Employment and output in the industry have declined in the wake of the completion or near - completion of several major military projects initiated in the We 1980s. With the failure to win major new shipbuilding contracts, output and employment has declined dramatically, reaching postwar lows. Total sales of the industry have declined by about one -half since 1991: from over $1.5 billion to less than $800 million per year by 1996. After deducting the cost of raw materials and other inputs used in the production process, the decline in the value -added (or GDP) in Canadian shipbuilding has been even more dramatic: falling from $450 million (in constant -dollar terms) in 1990 to less than S200 million today. Including the value of supply and spin -off industries, the industry's total contribution to Canada's GDP is probably three times this figure. Not surprisingly, employment has declined step- for -step with overall activity in the industry. Total employment in the industry has fallen by more than one -half: from 12,000 workers (including both hourly and salaried workers) in 1990 to less than 5,000 workers on average during 1996 and 1997. The loss of several thousand relatively well- paying jobs, most of them concentrated in hard - pressed regions of Canada, has had a larger total impact on the economies of those regions. Each lost shipbuilding job destroys two or more additional jobs in related supply industries, and in the local industries which supply the goods and services which shipyard workers consume. Canadian governments have lost some $70 million per year in tax revenue as a result of the loss since 1990 of some 7,000 well-paid shipbuilding jobs; and this doesn't include foregone tax revenue from falling employment in supply and spin -off industries. Finally, the decline of shipbuilding has made it all the more difficult for Canada's coastal, St. Lawrence and Great Lakes regions to attract and retain skilled industrial workers (such as steel - fitters, electricians, and pipe - fitters), further undermining their economic development prospects. WhDoes Shipbuilding Matter? Confronted with the decline of Canadian shipbuilding, many policy - makers might be tempted to ask, "So what ?" If the Canadian industry is not competitive, if competing products can be bought for cheaper from abroad, then why not "save" money by buying those competing products, and put our shipbuilders to work doing something else? This is the language of "free trade" and "deregulation ": the competitive marketplace alone should determine which industries survive, and which do not. But this narrow approach to Canada's industrial development is wrong, on many counts. Most obviously, the notion that the workers and capital that were formerly occupied in shipbuilding will find more "productive" uses in other industries flies in the face of the chronic unemployment and economic stagnation which characterizes most shipbuilding communities in Canada In many cases, the real choice to be made is between shipbuilding and unemployment When the social costs of unemployment are factored into the calculation, it makes good economic sense for a society to support its shipbuilding industry. Moreover, the "free - market" approach ignores the concrete means by which a competitive advantage in a particular industry is created over time -- thanks to timely investments in technology, skills, and equipment. Countries which simply sit back and wait for the "free market" to determine what it can and should produce, will have long missed the boat of industrial development. In contrast, successful shipbuilding nations have taken a positive, pro -active approach to developing their industries. 1) The shipbuilding industry carries an importance to Canada's industrial base that is far greater than the currently depressed employment numbers suggest. Shipbuilding jobs pay relatively high wages, reflecting the higher levels of skill and productivity in the industry. Canada's shipbuilding jobs are located, for the most part, in relatively depressed regions of the country, making it all the more important that this source of high -wage employment be maintained. And given Canada's immense coastline, the daunting challenges of defending our coastal waters and providing marine infrastructure and support services (such as Coast Guard and search and rescue services), itis essential that adomestic shipbuilding capability be maintained. If the skills and capital equipment needed to manufacture modem vessels and marine equipment are allowed to wither away, it will be all the more difficult to attempt to rebuild this capability when it is needed in the future. Rehuildinm the Industry: Starting Principles If we want to build a vital, vibrant, and competitive shipbuilding industry in Canada- - both to meet our own shipbuilding and marine construction needs, and to win a small share of the expected growth in global demand for this sector —then governments need to abandon the "hands -off' approach that has governed their policy stance toward this industry for the past dismal decade. The following five policy principles should guide Canada's federal and provincial governments in their efforts to revitalize the shipbuilding industry. (i) Managed International Trade in Ships: Negotiations to limit government subsidies and other forms of government support have dominated policy discussions in the global shipbuilding industry for some years now. But these negotiations have now collapsed. What approach should Canadian governments take to the difficult issues of shipbuilding subsidies and protection? On one hand, since Canadian governments have offered no significant subsidies to shipbuilding for over a decade, the prohibition of subsidies in other countries would obviously improve the relative position and competitiveness of the Canadian sector. From this perspective, we support the general position that shipbuilding subsidies should be regulated. On the other hand, we reject the assumption that if we simply eliminate the "meddling" of governments, then the "playing field would be leveled," and the natural forces of private competition will ensure that the industry develops as it should. We do not accept that private market forces alone are the most accurate and efficient means by which this important industry should be guided. If global subsidies were suddenly eliminated, weakened shipyards in those countries (such as Canada) which have avoided subsidization would have little chance in the resulting so -called "free competition," compared to those 3 which have benefitted from steady state support for decades. And while admitting that an escalating "subsidy war" serves no -one's interests, we also recognize a need for continuing public involvement in this industry -in order to ensure that Canada retains a domestic shipbuilding capacity, and that a fair share of shipbuilding jobs are retained in our own communities. Some specific proposals for fiscal measures that might be effective in this regard are described below. What is ultimately required is a "managed trade" approach - something like the Canada -U.S. Auto Pact, but for shipbuilders. Countries could gradually eliminate subsidies (and even other forms of protection, such as tariffs and certain non -tariff barriers). Shipbuilding countries will naturally specialize in particular varieties of shipbuilding and marine construction, directed either by market forces or by explicit international arrangements. Competing countries will agree on equivalent operating and financing rules to allow a sharing of global shipbuilding demand in a more effective way. But governments will retain important tools and powers to ensure that overall shipbuilding trade flows remained roughly balanced (within agreed upon limits) -that is, that each country's shipbuilding industry would receive an overall volume of new orders equivalent to a certain minimum level of its own shipbuilding requirements. (ii) A Social Clause for Shipbuilding: There are numerous means by which private companies can gain "unfair" or "unnatural" advantages over their competitors, without explicitly receiving a financial donation from a government. For example, when private employers benefit from artificially low wage rates (resulting from anti -union laws or other regressive practices), or are exempted by pro-business governments from the enforcement of health and safety standards in the workplace, this constitutes as much a "subsidy" to those firms as any direct transfer of cash from government. The only difference is that this subsidy is paid (involuntarily) by workers (via their lower wages or unsafe working conditions), rather than by government. Given the growing importance of new low -wage producers who are deliberately suppressing labour and social rights in order to maintain a competitive advantage (such as China), it is essential that any future international negotiations on subsidies take this broader view of what actually constitutes a "subsidy" --by adding a social clause requiring participating countries to respect basic social, democratic, and labour norms. (91) Integrated Regulation of Shipping.- Close links exist between the regulation of the shipping industry, and government's responsibility to support the shipbuilding industry. A progressive shipbuilding policy needs to recognize those links. For example, Canada's international shipping trade is subject to very little government oversight at all. The domination of our shipping by foreign - flagged vessels makes it difficult for Canadians to regulate health, safety, and environmental conditions on these ships. It also makes it difficult for government to encourage the greater use of Canadian -made ships in this business. 4 Flag -of- convenience shippers have built their cost advantage through tax evasion and the brutal exploitation of labour. We need to eliminate these floating oases of poverty and repression: if a ship is delivering goods to or from a Canadian port, then it must be subject to Canadian .ales regarding health, safety, and environmental standards. And by extending our capabilities to monitor and regulate shipping to and from Canada, we can at the same time implement Jones Act -like provisions to require minimum levels of Canadian content in that shipping activity- -both in the staffing and crewing of shipping, and in the manufacture of the ships themselves. As a minimum first step in this direction, the Canada Shipping Act's existing requirement that ships serving Canada's inland waterways be Canadian - flagged, should be extended (following the U.S. lead) to require that these ships also be Canadian - built. By strengthening Hiles regarding the safety and environmental integrity of the shipping industry, additional stimulus can be provided to the shipbuilding sector. Much of the global shipping fleet - including many of Canada's Great Lakes and St. Lawrence ships - is old and does not meet modem safety and environmental standards. The shipping industry, on its own, will not make the necessary investments to protect the lives- of its employees and the environment in which it operates -given continued low shipping prices and the precarious financial state of many shippers. By requiring faster double- hulling of oil tankers and bulk carriers, and other modemizations on the ships serving Canadian ports (including our inland waterways), our government would help to ensure a safer shipping industry-while at the same time generating badly- needed new repair and retrofit work for Canadian shipyards. (iv) Add Value to Canadian Resources: Canada has long been reliant on the production and export of natural resources. It has been an overarching goal of our economic development policy to strive to expand resource -based industries --so that more value is added to these resources in Canada (through processing and manufacturingg), and more and better jobs are created in the process. This principle also applies to our shipbuilding and shipping industries. One important means by which value can be added to our resource -based industries, is to simply ensure that more Canadians are involved in constructing, maintaining, and operating the vessels that carry our natural resources (or finished products, for that matter) to their ultimate final markets. Canada is a great trading nation; we rank in the world's top ten exporters. Shouldn't we have a role in shipping and shipbuilding that reflects our importance as a trading nation? This value -added principle will be all the more important with the coming development of Canada's offshore oil and gas resources. Inputs of shipbuilding and other marine construction will account for a significant share of the total cost of these k, developments. At present, Canadian shipyards do not even possess the capability to perform much of this work, which is instead contracted to foreign yards. As a result, Canada loses thousands of high -wage person -years of employment that are generated (ironically) by our own natural resources. It hardly seems unreasonable to require that the companies which extract our non - renewable subsea resources, commit to a higherlevel of Canadian content in the equipment and machinery needed for offshore petroleum production. (U) Invest in Coastal Infrastructure: Canada's coastal geography requires major public investments to maintain the safety, security, and efficiency of maritime communities. The recentmania of governments at all levels for spending cutbacks has undermined the quality of our coastal infrastructure -- including the Coast Guard, search and rescue capabilities, and transportation support services. It is now time for our federal and provincial governments to tum their attention toward rebuilding this infrastructure. We do not accept the an that Canada —with our economy more productive than it has ever been --can no longer afford to provide these basic services and facilities. New public investment in Coast Guard equipment and other infrastructure and maritime support programs would generate important work for Canadian shipyards. Specific Fiscal Measures The preceding policy principles should guide Canada's governments in the longer - term task of devising and implementing an integrated shipbuilding policy that can safeguard Canada's participation in this crucial industry. In the shorter•num, specific fiscal measures are also urgently required to sustain shipbuilding acd%ily and preserve Canada's industrial capabilities in this strategically important sector. Thew policy measures would apply strictly and equitably to vessel construction and major redtttng that occurs in Canadian shipyards, regardless of the nationality of the shipyard's owner or the ship's ultimate owner. The goal is to enhance value -added production in Canadian shipbuilding; all fiscal measures must therefore be tied closely to the fulUment of specific and measurable performance requirements (in terns of vessel completion and empkwment). Canadian shipyard owners have called for similar measures; as long as this Racal support is reliably linked to concrete production and employment outcomes, it would constitute an important and necessary component of an overall shipbuilding strategy for Canada (1) Loan Guarantees: It is common practice for the governments of countries with domestic shipbuilding industries to guarantee loans to a vesseI's ultimate purchasers, representing up to 87.5 percent of a project's total cost. This assists the vessel purchaser to reduce and spread out the financing costs associated with their investment. Canada must be prepared to match this practice. Recent experience in Nova Scotia and elsewhere indicates that this form of support--when accompanied by appropriate due diligence and long -tern amortization features—can generate important new work for Canadian shipyards with little or no cost to Canadian governments. 2 (ii) Relaxation of Tax Treatment for Vessel Leasing. Lease financing has become a predominant method of financing significant capital investments in many Canadian industries, but Revenue Canada's current tax treatment of lease expenses in the shipping industry make this option unattractive for most purchasers of Canadian-made vessels. Canadian -built ships should be excluded from these Hiles; existing economic depreciation sums should be fully available to ship purchasers, thus eliminating the tax disincentive currently facing ship lessees. Precedents for this or similar tax treatment exist in many other Canadian transportation industries, including the rail car and truck and trailer industries; the shipbuilding industry wold benefit considerably from the equitable application of the same approach. (iii) Refundable Tax Credit. Modeled on the Quebec program, this credit would be provided to support the construction of initial prototypes of new vessels or major refit projects, and would help to defray a share of the up -front development costs associated with the implementation of these projects. This credit can be considered as an extension of the existing R &D tax ardst to Canada, so as to reflect the particular nature of shipbuild r in which the first uruts of a new construction or refit programme encounter very heavy overhead costs. By he4xng to defray these initial expenses, the refundable credit can facilitate subsequent productYon volumes and thus capture the economies of scale which are so essential to successful shipbuilding. Costs which would be eligible for the credit would include all research, development, drawings, and specification, and construction work associated with the initial implementation of new self - propelled vessel projects with gross tonnage of 100 tons or more; the credit would equal up to 20 percent of the cost of the initial vessel, and would be rapidly phased out with subsequent units. The tax credit would be sequestered within the economic entity of the shipyard itself, not transferrable to other divisions of the shipyard owner's business, and would be paid only upon completion of the vessel's construction. (iv) Trade and Tarifi'Pollcies: The recent failure of international negotiations to govern subsidies and protection in the shipbuilding industry makes it extremely unlikely that agreement will be attained in the foreseeable future around the liberalization of existing policies. In this context, the Canadian government must do what it can to level the playing field faced by our domestic industry. On the trade policy front, this means demanding that Canadian -made ships be exempted from the Jones Act provisions limiting import of vessels to the U.S. domestic shipping industry; failing successful achievement of this goal, Canada must symmetrically impose Jones-Act-like provisions on our own domestic shipping industry. And the existing 25 percent tariff on imported ships, along with the restriction that all public shipping procurement (including defense and Coast Guard purchases) be met exclusively through Canadian shipyards, must be retained. 7 Conclusion Canada's shipbuilding industry has made an important historical contribution to the development of our economy - generating badly- needed high -wage jobs in our coastal, St. Lawrence and Great Lakes communities, enhancing our capabilities and sovereignty as a majVr coastal nation, and helping us increase the value -added and employment- creation resulting from our natural resource industries. Left to its own devices, however, Canada's shipbuilding industry is likely to continue its recent decline. We will forego the chance to participate in important domestic initiatives such as offshore oil and gas development --let alone to attempt to rebuild a Canadian presence in the global shipbuilding industry. The policy initiatives described above would go a long way towards revitalizing Canadian shipbuilding, and providing the industry with a new foundation for investment, productivity gains, and job - creation. These diverse ideas all have one central feature in common: they reject the free- market business assumption that the key decisions shaping this industry must be left solely to private shipbuilders and private shipping lines. Instead, we recognize that there are important social costs and benefits associated with shipping and shipbuilding: the economic spin -offs of shipbuilding for hard - pressed coastal communities, the environmental and safety problems caused by unregulated shipping, the sovereignty and defense issues facing a major coastal nation like Canada- These issues provide a legitimate ground for governments to take a public interest in promoting a vibrant domestic shipbuilding sector, and to ensure that the evolution of this industry reflects the genuine public interest. Shipbuilding workers. their coastal communities, and indeed Canada's status as a major Maritime nation are too important: government can and must play an active, creative role in rebuilding this industry. :apfrrng0peuw343 8 H:1CO AMLWCt'NAR1NSS H03S H_RPT C."Ot)M fL INFORARAYill" O 1 Vt Region ,solid Waste Commission Memorandum TO: All Municipal Offices DATE: March 11, 1999 SUBJECT: "Meeting" of the Commission Minutes Please find enclosed a copy of the approved minutes dated October 22, 1998 from the March 10, 1999 Meeting of the Fundy Region Solid Waste Commission. If you require further information please do not hesitate to contact the Commission Office. Thank you. Ism 37 Hanover Street, Saint John NB E21- 3G1 Phone: (506) 634 -7928 Email: swat@ nbnet. nb.ca Q10 MAR 15 19IN cf� V Fax: (506) 657 -0964 iv P ...o. FUNDY....... Region Solid Waste Commission MEETING of the FUNDY REGION SOLID WASTE COMMISSION October 22, 1998 7:04 p.m. MINUTES OF MEETING A Meeting of the Fundy Region Solid Waste Commission, with Chairman John King presiding, was held on Thursday October 22, 1998, at the Commission Office Boardroom, 37 Hanover Street, Saint John, N.B. Attending the meeting: S. Chase, E. Calvin, K. Chorley, D. Gorham, D. Harrigan (via telephone), J. King, P. LeBlanc, D. McElman, D. Seeley, B. Thompson, P. Haines (DOE), J. Jensen (General Manager), B. Lutes (GEMTEC), P. Klohn (Legal Counsel for Construction Contracts), P. Finkle (FFEBC), M. Brown (Site Supervisor), R. Nelson (Environmental Coordinator), B. Cogswell (Chief of Police), Brian Shanks (By -law Enforcement Officer), S. Matthews Absent: G. Carpenter (FFEBC) Item 1. - Chairman's Welcome and Opening Remarks -- The Meeting of the Fundy Region Solid Waste Commission was called to order by the Chairman, John King, who thanked the Commissioners for attending and welcomed the guests. On a motion by P. LeBlanc, seconded by B. Thompson, it was moved: That amendments to the Agenda be adopted as follows: Item 3. to include Brian Shanks, By -law Enforcement Officer in attendance for this item, add Item S. (d), Item 11. (a), Item 11. (b), and Item I L(c) MOTION CARRIED. Chairman King also mentioned that Commissioner Harrigan was present via telephone, which was in accordance with Section 5.05 of the Bylaws. There was a consensus by the Commission members for him to join the meeting by telephone. Page 1 of 7 Meeting of the Fundy Region Solid Waste Commission October 22,1998 Item 2. - Review Minutes of August 20,1998 Meeting of the Commission -- On a motion by D. Seeley, seconded by K. Chorley, it was moved: That the Minutes of the August 24, 1998 Meeting of the Commission be adopted by the Commission as distributed. MOTION CARRIED. Item 3. - City of Saint John Chief of Police, C.E. (Butch) Cogswell and Brian Shanks, Bylaw Enforcement Officer, regarding enforcement and monitoring the litter Situation -- Mr. Shanks provided copies of the City of Saint John's By -law for the storage, collection, and disposal of solid waste, which he distributed. Chairman King distributed Sections of the Motor Vehicle Act referring to littering, and mentioned that at some past meetings the Commissioners had raised the issue of the highways being littered between the City and the Crane Mountain landfill. Chairman King asked Chief Cogswell to the meeting to see if he was aware of the extent of the problem and the concern the Commission had. Chief Cogswell mentioned that with the new formation of the Traffic Unit the litter problem would be a good project for them to take on and work with the Commission, should anything come to their attention. Chief Cogswell suggested looking at the educational aspect first as a preventative measure, and once the drivers are aware of what is going on and what might happen the rest would be up to his officers. Mr. Jensen reported that from an earlier meeting there was a request for some information on how much litter was being dropped on the highways, and what the Commission was doing about it. On a regular schedule the landfill staff pick up visible litter along the roadsides, generally from the Gault Road up to Westfield and into the Town of Grand Bay on the secondary highway. Ron Nelson was asked to comment on -how much litter they are seeing falling off vehicles, and also illegal dumping in larger quantities. Mr. Nelson stated the largest problem area with litter is the section on Route 177 towards Grand Bay. The staff also monitor side roads surrounding the landfill, and have found several illegal dumping sites. These sites have been cleaned up. The policy at the landfill for vehicles delivering is that they are expected to be tarped, and vehicles that arrive untarped are warned and asked to comply.. On a motion by P. LeBlanc, seconded by B. Thompson, it was resolved: That the Commission refer the problem of littering of the highways to the Traffic Department of the Saint John City Police Department as Chief Cogswell suggested, and'send all requests directly to him. MOTION CARRIED. Item 4. - Business Arising from the Minutes -- There was no business arising from the Minutes. Page 2 of 7 Meeting of the Fundy Region Solid Waste Commission October 22, 1998 Item 5. - Financial Report — E. Calvin -- Item 5.(a) - Review May 31,1998 Financial Statement -- Item 5.(b) - Review June 30,1998 Financial Statement -- Item 5.(c) - Review July 31,1998 Financial Statement -- Item 5.(d) - Review August 31,1998 Financial Statement -- On a motion by E. Calvin, seconded by D. Seeley, it was resolved: That the Financial Statements for the period ending May 31, June 30, July 31, and August 31, 1998 be adopted by the Commission as distributed subject to an audit at a future time. MOTION CARRIED. Item 6. - Executive Committee Report -- Item 6.(a) - Review Minutes of May 21,1998 Executive Committee Meeting -- Item 6.(b) - Review Minutes of September 8,1998 Executive Committee Meeting -- On a motion by K. Chorley, seconded by D. Seeley, it was moved: That the resolutions adopted at the May 21, and September 8, 1998 Executive Committee Meetings be adopted by the Commission. MOTION CARRIED. Item 7. - General Manager's Report - Jens Jensen -- The General Manager reported the Commission operations were proceeding along in good order. For the last couple of months the landfill has been operating under the Commission's own employees, and now hauling our own leachate to the Lancaster Sewage Treatment Plant. Mr. Jensen also stated that the Waste Division Pilot Project was on schedule without any difficulties. The General Manager distributed copies of the "Proposed Capital and Operating Budget for the Year 1999" to the Commissioners. In addition to continuing the operation of the Crane Mountain landfill, 1999 would also see in the proposed budget the implementation of the first of two major steps in setting up a permanent long -range Waste Diversion Program. The first step would be implementation of the drop -off depot system for dry recyclables in the region. This system would comprise approximately thirty drop -off stations scattered throughout the region. If the budget is approved, the system would come into service July, 1999. The other major point concerns the detailed design work, and call for proposals, of a curbside organics program which would be integrated with Municipal collection systems. In the 1999 budget the General Manager would have only the design and call for proposals made, so that early in 1999 he would have an agreeable proposal before the Commission, which they would then propose to the various Municipal Councils and the Minister. Mr. Jensen stated that it was important to understand that the organics Page 3 of 7 Meeting of the Fundy Region Solid Waste Commission October 22, 1998 diversion program would come into service only in the year 2000 because of the lead time required for construction and equipping. The budget document gave the Commissioners details on numbers, together with the required fees which the General Manager put before them for consideration. On a motion by E. Calvin, seconded by D. Gorham, it was moved: That the Commission forward the Proposed Capital and Operating Budget for the Year 1999 to the Municipalities and the Minister. MOTION CARRIED. Item 8. - Project Manager's Report - Bob Lutes -- Copies of the Project Manager's Report No. 15, dated August 21 to October 22, 1998, were distributed to the Commissioners. Mr. Lutes reported on the highlights for this period. Contract Tenders Three tenders and one invitation to tender were called during the period; 1) Raising the Berms of Cell #1 to ensure adequate capture capacity for leachate during high intensity storm events, 2) Supply of Geo- synthetics as part of the berm reconstruction of Cell #1, 3) Provision of soil for frost protection of the Cell 2B liner system, and 4) Supply and Placement of Sanding Materials as part of the winter maintenance program. Plans and specifications for the Administration and Interpretive Centre Building are now complete and construction will be underway shortly. Construction The ZENON facility is continuing on, and the ZenoGem is in place and has been commissioned. The first stage of the Reverse Osmosis is on site and being installed. The second stage Reverse Osmosis unit will be delivered in November. The other large construction item was Cell #2, which has been completed and is now available to receive garbage. Landfill Operations Although not involved directly in site operations, staff of the Project Manager will continue to work with the General Manager and staff on a number of areas of site operations, including the development of the Leachate Management Plan. The Department of the Environment has requested a plan to manage leachate. Another item is the recommendation and letter report from Neill & Gunter on the use of the degradable plastic film as an Alternative Daily Cover Material. GEMTEC and Acres & Associated continue to work with the Waste Diversion Committee on the development of a waste diversion plan for the region, and the Page 4 of 7 Meeting of the Fundy Region Solid Waste Commission October 22, 1"S preparation of waste reconciliation analysis to set firm targets for compliance with the NBDOE requirements. The Project Manager continues to work with FFEBC on the Interpretive Area for the ZENON facility, and the layout and design of the Administration building. Budget The numbers for the regional project have not changed On a motion by D. Seeley, seconded by P. LeBlanc, it was moved: That the Commission adopt the Project Managers Report No. 15 from August 21, 1998 to October 22, 1998 as presented and distributed to the Commissioners. MOTION CARRIED. Item 9. - Communications Committee Matters -- The Communications Committee is developing a Web Site for the Commission, which is underway now. Diane Huestis will be giving the Committee a demonstration of the Web Site sometime in mid November. Ms. Huestis is working with a volunteer, Mr. Chris Hodd, who is actually doing the Web Page development from the technical end. Item 10. - Waste Diversion Committee Report — D. Seeley -- Item 10.(a) - Review Minutes of August 5,1998, Waste Diversion Committee Meeting -- Item 10.(b) - Review Minutes of September 2,1998 Waste Diversion Committee Meeting -- On a motion by D. Seeley, seconded by D. Gorham, it was moved: That the Commission adopt the resolutions that were carried at the August S, and September 2, 1998 Waste Diversion Committee Meetings with the exception of all motions concerning extensions of the Pilot Project, which has been terminated. MOTION CARRIED. (nay E. Calvin) Commissioner S. Chase commended the Committee for their hard work, and stated that the City of Saint John is interested in keeping the program going in the two City areas of the Pilot, independent of the Commission. The Chairman of the Waste Diversion Committee, D. Seeley scheduled the next meeting for Thursday, October 29, 1998. Item 11. - Other Business -- Page 5 of 7 Meeting of the Fundy Region SoIEd Waste Commission October 22, 1998 Item 11.(a) - Letter dated June 1, 1998 from the Province of NB regarding Modifications to Solid Waste Commission Boundary - Hampstead Parish -- There are two proposed changes in the outer boundary of the Fundy Region that the Minister and his agents are bringing to the Commission's attention. One has to do with a suggestion from the Minister that the area ]mown as Hampstead Parish would be taken from the Fundy Region and added to the Fredericton Solid Waste Commission. The General Manager was informed by Mr. Stubbert of DOE that there are approximately 125 households in this area, and the reason for the proposed change is largely administrative. The Provincial Government has arranged for garbage collection service in that area and has hauled it since July, 1998, into Fredericton. The General Manager pointed out that it is part of the Fundy Region in terms of tonnage, with revenue of approximately $8,000 to $9,000 per year. The General Manager expressed surprise to Mr. Stubbert that the Government had done this, because the legislation states that waste is not to be taken from one region to another without going through the proper process of approval. On a motion by S. Chase, seconded by B. Thompson, it was moved: That the Commission reply to the Minister opposing the removal of the Parish of Hampstead from the Fundy Region Solid Waste Commission. MOTION DEFEATED. Commissioner Seeley pointed out that he supported Municipalities & Housing for trying to rationalize the collection system in this area. On a motion by D. Gorham, seconded by P. LeBlanc, it was moved: That the Commission reply to the Minister for more detailed information on the removal of the Parish of Hampstead from the Fundy Region Solid Waste Commission. MOTION CARRIED. (nay: E. Calvin) Item 11.(b) - Letter dated October 22, 1998 from the province of NB regarding Modifications to Solid Waste Commission Boundary - part of Town of Hampton -- It was proposed to confirm that the entire Town of Hampton including the portion in Norton Parish is in the Fundy Region, and that the Kings Commission does not include any portion of the Town of Hampton. On a motion by P. LeBlanc, seconded by D. Seeley, it was moved: That the Commission acknowledge that the Town of Hampton is in its entirety a part of the Fundy Region. MOTION CARRIED. Item 11.(c) - Nominations for Vacancies in the Commission - Ken Chorley -- There was a vacancy of Vice - Chairperson created by the resignation of Sterling Brown. Pursuant to Article 6.08 of the Fundy Region Solid Waste Commission By -laws, Commissioner Chorley made the following resolution. Page 6 of 7 Meeting of the Fundy Region Solid Waste Commission October 22, 1998 On a motion by K. Chorley, seconded by D. Seeley, it was moved: That Peter LeBlanc be appointed as Vice- Chairperson for the balance of the term applicable to Sterling Brown. MOTION CARRIED. Also as a result of the resignation of Frank Donovan as Chair of the Communications Committee pursuant to Article 7.02 of the Fundy Region Solid Waste Commission, Commissioner Chorley made the following resolution. On a motion by K. Chorley, seconded by E. Calvin, it was moved: That Stephen Chase be appointed as Chairperson of the Communications Committee and that the current Committee members be re- appointed. MOTION CARRIED. Item 12. - Next Meeting -- The next Meeting of the Fundy Region Solid Waste Commission will be at the call of the Chairman. Item 13. - Adjournment On a motion by E. Calvin, seconded by P. LeBlanc, it was resolved: That the October 22, 1998 Meeting of the Fundy Region Solid Waste Commission be adjourned. MOTION CARRIED. The meeting adjourned at 8:50 p.m. o King, Ch . an F Beth Thompson, Secret FRSWC Page 7 of 7 7 Covllcillor Carl A, 23 Cedarwood Drive u'hlte Saint John, New Brunswick E2 1K QT4 March 18, 1999 OPEN SEssto Her Worship Mayor Shirley and Members of Common Council uncll Your Worship and Members of Council: Re: Tender Calls for Ca rt aI Pro -ects I would like to for Capital have � update in Work 1'ojects regards to the Projects. (Please refer to the ae: sidewalk issue of ttached left and curb cons the Ong of Tender Calls er for reference construction RespeCadly submitted, ) n and other simdax Carl A. White Councillor Councillor Carl A. White 23 Cedarwood Drive Saint John, New Brunswick E2K 4T4 July 27, 1998 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council: I would like to address the issue of the process used by the City of Saint John in regards to the call for Tenders for Capital Projects, such as sidewalk and curb construction and other similar projects. I believe that the City of Saint John can realize expenditure savings if appropriate changes are made to the current process_ In regards to this matter, I would recommend that staff explore this issue as soon as possible and prepare a report, and an appropriate recommendation to Council. Respectfully submitted, Carl A. White Councillor 4 City Hall 15 Market Square March 19, 1999 Her Worship Mayor Shirley McAiary And Members of the Common Council Dear Mayor and Fellow Councillors: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 M M City of Saint John The attached letter has been sent to myself as of my involvement with Immigration and Refugee Settlement in the Saint John Region. Although I have had prior discussions with Her Worship and members of staff concerning this matter, I wish to bring it forward to members of Common Council for awareness and discussion for retaining this service in Saint John. Respectfully 5ubmitted, Walter L1414:Lr4 COUNCILLOR Canadian Red Cross Croix -Rouge canadienne Mr. Walter Ball Counsellor City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mr. Ball; March 16, 1999 On March 31, 1999 the Red Cross Refugee Support Centre in Saint John will close. It is yet another casualty of funding cuts and budget restrictions common to charities these days. We simply have no resources to continue. We know you have an interest in refugees, immigrants, and the development of cultural diversity in our City. You are likely familiar with the work of Leticia Adair and the Refugee Centre. You probably also know that this closure will be a very serious blow to the local refugee community. Many of these people fled their native countries in fear for their lives. Most had lived for years under threat of harm and death. The friendship and support they found from our tireless coordinator Leticia, from the volunteers, and from the other Refugees, and from many others in our great city, was a comfort and reassurance that life would be better and more secure in Canada. That security will be seriously shaken. This service is very close to the hearts of our staff and volunteers. For nine years we have worked to develop contacts in government, churches, service providers, and community leaders. Currently Leticia is assisting clients from fifteen countries around the world. Of twenty -seven refugees making application for status last year twenty -two have secured that status, four are still in progress and arrangements are being made for one to apply from a third country for immigrant status. Leticia and her volunteers work quietly, without publicity or political rancour, but with firm resolve. In nine years the Support Centre has had very few failures. Leticia keeps people out of church basements. There are many other success stories. On average the refugee centre settles thirty new residents to Saint John every year. Others are attracted here because of the support and friendship offered by the Centre. The worker co -op helped start the Taco -Pica restaurant, a thriving business on Germain Street. A number of other entrepreneurial initiatives have also been successful. I am writing to you to see if the City could provide any support. If we are able to secure full funding for the Refugee Centre before March 31, 1999, the good work will continue. The Roman Catholic Diocese of Saint John, The Sisters of Charity and the Province of New Brunswick, have all been approached in an effort to secure some immediate funding. We hope that donors who currently support Red Cross international activities overseas will, over the next year , provide long term sustaining support for the Centre. Canadian Red Cross / Croix -Rouge canadienne Atlantic Zone Atlantique 405 University Avenue, PO Box 39, Saint John NB E2L 3X3 Tel: (506) 674 -6200 Fax: (506) 674 -6170 Our staff and volunteers have accumulated considerable expertise in Refugee work. They have earned the respect of government politicians and staff, and they won the confidence of the refugees. Through our world -wide Red Cross/Red Crescent Federation we have been able to secure international cooperation in resolving difficult impasses. Red Cross staff are fluent in English, french and Spanish and have developed support in seven other languages. We are heart broken at the prospect of this great loss of knowledge and expertise. The Refugee Centre provides practical support; furnishings, accommodations, language training, legal advice, and client advocacy, guiding them through a maze of legal and government agencies. The Centre also provides support to employment and entrepreneurial initiatives. Many local churches have helped tremendously. However, perhaps the most important aspect of the work is that the staff and volunteers provide friendship and hope to frequently discouraged and dispirited people. The Refugee Centre operates annually on approximately $30,000. This includes rental space, staffing, direct assistance, travel, and office costs. We are now confident that $20,000 will be secured by March 31. Is the city in a position to provide a one time grant of $10,000 to ensure that the Red Cross Refugee Centre continue? In my view this would be an excellent investment with a high return for the City. As with most charities in the current economic environment, we are unable to provide programs for which funding has not been secured. Without full funding by March 31, 1999 the Centre will most certainly close. I will contact you in the near future to see if any support might be available from the city, or if you have any ideas of other sources of funding. Sin v4e ly, Louise Castonguay Director New Brunswick Region & Atlantic Director of Programs. F, REPORT TO COMMON COUNCIL M & C — 99 -94 16 March, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: TENDER FOR TRAFFIC PAINT BACKGROUND: Again this year, as in the past five years, the cities of Saint John and Fredericton have joined together to call a tender for the supply of paint used for street marking. This combined tender program has worked well for both cities in that Fredericton receives a direct monetary benefit through the combination of their volume with ours, and the City of Saint John receives an indirect savings by allowing Fredericton to call, advertise and distribute the tender. ANALYSIS: Three companies chose to respond to this years tender call by submitting bids. Staff of the Materials Management Section and the Works Department have reviewed the bids and have found them all to be complete in every regard. A summary of the bids received is enclosed for Council's review. Staff of the City of Saint John have discussed the tenders with staff of the City of Fredericton and both cities agree that the low bidder, Laurentide Chemicals, is acceptable. An 1@�'_ PAGE TWO FINANCIAL IMPLICATIONS: The total cost of traffic line paint, for the 1999 season, if awarded as recommended, will be $34,718.80, tax and delivery included. Funds to cover the annual cost of traffic line painting are included in the operating budget. RECOMMENDATION: It is recommended that the tender of Laurentide Chemicals Ltd., for the supply of traffic paint in the amount of $34,718.80, tax and delivery included, be accepted. Respectfully submitted, David Logan, @PPB Purchasing Agent I drew Beckett, CA J C m loner Financg, T. L. Totten, CA City Manager TENDER TRAFFIC PAINT CITY OF SAINT JOHN, N. B. CITY OF FREDERICTON, N. B. TENDER: 4T99 -08 CLOSING: 3:00 P.M., FEBRUARY 25, 1999 TTEM APPROX. NO. DESCRIPTION IBIS PRODUCTS LAURENTIDE J. W. BIRD & 1998 QUANTITY LTD. CHEMICALS CO. LTD. Saint John Scarborough, Richibucto, Saint John, Prices Ont. N.B. N. B. 1 10,660 Litres Water base Non - coning $25,008.36 $20,360.60 $32,619.60 $19,049.26 (Saint John) hot spray traffic line 2.346/L. 1.91/1. 3.06/L. 1.9359/11,. paint - yellow (9,840/L.) 5,125 Litres $12,023.25 $9,788.75 $15,682.50 (Fredericton) 2.346/L. 1,91/L. 3.06/L. 1998 Supplier $37,031.61 $30,149.35 $48,302.10 (Franklin) 2 6,970 litres $16,755.88 $14,358.20 $21,328.20 $12,699.50 (Saint John) Water Base Non - Coning 2.404/1,. 2.06/L. 3.06/L. $1.9359/1.. hot spray traflic Line (6,560/L.) 5,125 Litres paint - White $12,320.50 $10,557.50 $15,682.50 (Fredericton) 2.404/1,. 2.06/L. 3.06/L. 1998 Supplier $29,076.38 $24,915.70 $37,010.70 (Franklin) 3 Delivery Charge - S. J. Included Included Included Included Delivery Charge - Fred. Included Included Included 4 15% II.S.T.: Included Included Included Included 5 Total - Saint John $41,764.24 $34,718.80 $53,947.80 $31,748.76 Total - Fredericton $24,343.75 $20,346.25 $31,365.00 6 Combined Total: $66,107.99 $55,065.05 $85,312.80 Payment Terms: NET 45 DAYS NET 45 DAYS NET 45 DAYS ( *) INDICATES RECOMMENDATION 1 REPORT TO COMA40N C110UNCIL, M&C99— OPEN SESSION City of Saint John Mayor Shirley A. McAlary And Members of Common Council Your Worship and Councillors: SUBJECT HST Charged on Residential Energy Consumption BACKGROUND: At its meeting of March 2 "d, 1999, Council directed staff to determine the amount of harmonized sales tax (HST) collected on electrical energy bills levied against residential units in the Province of New Brunswick. ANALYSIS: The Power Commission of the City of Saint John included HST on invoices during the twelve months ended February 1999, in the amount of $4,654,623,96. This amount represents the 15% tax on the energy sales and water heater rental applicable to residential customers. The City of Edmundston which is the only other New Brunswick City that has its own energy utility included HST on invoices to residential customers in the amount of $676,831.20 during a similar twelve -month period. NB Power services all other residents of New Brunswick. That utility's residential sales during the twelve months ended March 31, 1998 were $335.6 millions. This would mean that all other New Brunswick residents paid $50.34 millions on energy consumption. In total, staff would suggest that the amount of HST levied against residential properties in the Province of New Brunswick is approximately $55.6 million. Report to Common Council RECOMMENDATION: Report to be received and filed. l Ily submitted r�' Terrence L. Totten, CA CITY MANAGER Page 2 10 OPEN SESSION M &C99 --99 March 22, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Red Rose Tea Site BACKGROUND 16 City of saint john As Council is aware, the sale of the Red Rose Tea and Drury Lane Parking Lot Site was not completed on November 6, 1.998, as planned. The proponents withdrew their offer (at the last minute) as a result of increased project costs. As per Council's direction, staff have prepared and issued a proposal call for the sale and development of the Red Rose Tea and Drury Lane Parking Lot Sites. Advertisement commenced on March 3, 1999. Proposals will be accepted up and until April 8, 1999 (see attachment). Upon review of the submissions, staff will report back to Council with an appropriate recommendation. Respectfully submitted, X-1 `2' Sid Lodhi, P. Eng. Manager "Estate and Facility Management jJ Claude acKinnon, P. Eng. ,/Commissioner Environment & Development Services Terrence Totten, C.A. City Manager CALL FOR PROPOSAL-,, f For the Sale & ftiWapment of the RED ROSE TEA & DRURY LANE PARKING LOT SITES New Bruns Purposeof Proposal Call ........................................................................... ..............................2 Instruction to Proponents .......................................................................... ..............................3 TheCity ............................................................................................................ ..............................5 TheNeighbourhood .................................................................................... ..............................7 TheSite ............................................................................................................ ..............................8 TheBuildings ................................................................................................ .............................10 Addenda........................................................................................................ .............................12 i r � t j'J =__1 D , +J .J r;_) ': J"i !l-ic City of Saint John has the controlling interest in a property that is ready for re- development. The subject site is located at the entrance to the uptown core and is more commonly known as the Red Rose Tea Site ( "Parcel 1 "). This site was acquired by the City in 1991 when Brook Bond Ltd. shut down its tea manufacturing operations in Saint John. Adjacent to the Red Rose Tea Site is the Drury Lane Parking Lot Site ( "Parcel 2 "). This parcel, currently operated by the Saint John Parking Commission as surface parking lot (88 spaces), was acquired as part of the North End Urban Renewal Scheme. As per the 1968 Urban Renewal Agreement, the subject site must be sold for its appraised market value, currently estimated at $500,000. The Red Rose Tea Site contains two buildings, one of which was the original Red Rose Tea manufacturing facility. The "Tea Building ", as it is known, was designated as an historic building in 1994. The other, more modern building, is referred to as the "Coffee Building" as it had been used to blend and store coffee. The Red Rose Tea and Drury Lane Parking Lot Sites (collectively known as the "Site ") offers a major opportunity to take part in the continuing development of Saint .John. The development potential of the Site has been highlighted by the opening of Harbour Station - a 6,000 seat arena and multi - purpose facility as well as the Mercantile Centre, an eight (8) storey 100,000 square foot class "A" office building, both of which are within close proximity to the subject site. The City, by virtue of this Proposal Call, is endeavouring to: 1. Facilitate the re- development of the Red Rose Tea Site (Parcel 1) to a use that will be productive, produce additional tax revenue for the City and potentially be a location for new business or residential uses (consistent with the Uptown Strategy); 2. If all, or a portion of the Drury Lane Parking Lot Site (Parcel 2), is needed to facilitate the re- development of the Red Rose Tea Site (Parcel 1), then the City is prepared to negotiate the sale of all or a portion of Parcel 2, for an amount consistent with the appraised market value of the subject Parcel; and 3. Putting the re- development of the Red Rose Tea Site aside, The City of Saint John is also soliciting proposal for the sale and development of the Drury Lane Parking Lot Site (Parcel 2). Only proposals submitted in accordance with this Proposal Call will be considered. 2 Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites Site Plan 0 18.96 m 23ASIte � PARCRed Rose 2,272 afflim ulbtln 12.21 y 34.33 rn V �v 1 le N C A PARCEL 2 a Drury Lane s Parking Lot Site 3,184 m2 lwiu Street (Public StrwM &7 M2 30.57 n Union Street 2 Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites a _—A 1. Development proposals must be in sufficient detail to show what is intended and give sufficient assurance of the successful completion of the development. 2. The basic criteria for selecting the successful proposal will be as follows: 2.1 General acceptance of the development plans(s) for either Parcel 1, Parcel 2, both parcels, or Parcel 1 and a portion of Parcel 2. 2.2 The experience and reputation of the developer and the architectural and engineering consultants who would be associated with the project. 2.3 The developer's financial background and credit references substantiated by persons or institutions independent of the proponent. 2.4 The best financial arrangement offered for sale of the property(ies). 2.5 The probable increases in the tax base. 2.6 The probable success of the development(s). 2.7 The City has adopted a new strategy for the Uptown Area. Proponents should give consideration to the Uptown Strategy when submitting a proposal. A copy of this document may be obtained from the Community Planning Department on the 10th Floor of City Hall. 3. The information required at the proposal call stage is as follows: 3.1 Name of principals in the submission. 3.2 Conceptual plans(s) in the form of a preliminary plan illustrating the proposed redevelopment(s). 3.3 Proposed start and completion dates. 3.4 Price offered for the property(ies). l i1 J � T3 1 } 1♦ �t+ a rS'a.lS +l r1 J•y �.J `� {{_J /..1 -'1 J1`._ J 3.5 Details of at least three developments in which proponent has been involved which demonstrate the proponent's ability to carry out the project_ 3.6 Name of architectural and engineering consultants who will be involved in the project and their relevant experience in projects of this type. 4. The City will review all proposals and is prepared to enter into an agreement with that developer or developers whose presentation appears to be capable of realization. The developer(s) will be given an option for an acceptable length of time to purchase the property at the agreed price. As a condition of excising the option, the development proposal must be completed to the degree of detail required for approval by the Building Inspector and any zoning/munieipal plan amendments must be completed. 5. The City of Saint John reserves the right to accept or reject any or all submissions or accept any combination of submissions in the City's best interest. They also reserve the right to accept submissions, subject to modifications or alterations of the development proposal contained therein, provided such modifications or alterations are acceptable to the proponent. 6. The City will give first consideration to proposal submissions for the re- development of the Red Rose Tea Site (Parcel 1); secondly, consideration to submissions primarily dealing with the re- development of the Red Rose Tea Site, but requiring a portion of the adjacent parking lot (Parcel 2); third to submissions pertaining to the development of the entire "Site "; and then consideration to submissions dealing exclusively with the sale and development of the Drury Lane Parking Lot Site (or portions thereof). sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites 3 r 7. The Parking Lot Site was acquired as part of the North End Urban Renewal Scheme. The sale of the subject parcel, or any portion thereof is subject to the approval of the Urban Renewal Partnership (CNIHC 50 %, PNB 20% and the City 30 %). 8. Acceptance of a proposal does not explicitly or implicitly obligate the City of Saint John to approve any subdivision, zoning, variance or building permit applications arising therefrom; 9. The sale of Parcels 1 and 2, or portions thereof shall be subject to the following terms and conditions. A. The City will not warrant title; 10. A general site meeting will be held with potential proponents to inspect the property(ies) and to answer any questions that may arise after a review of this proposal call. This meeting will be held on: Date: Wednesday, Alarch 17, 1999 Time: 2:00 pm At the: Former Red Rose Tea Building Private inspections of the buildings are available by appointment on March 18th and 19th between the hours of 9:00 am to 11:00 am and 1 pm to 3 pm. Proponents wanting a private inspection of the buildings can arrange so by contacting Sid Lodhi at 658 -2869. B. The City will not provide nor pay for an 11. Scaled proposals clearly marked, "PROPOSAL environmental assessment of the subject CALL - RED ROSE TEA AND DRURY LANE properties, or accept as a condition of sale PARKING LOT SITES ", will be received up and the obtaining of an environmental until 4:00 p.m., on Thursday, April S, 1999, assessment certificate; ADDRESSED AND DELIVERED TO: C. The purchaser is acquiring and accepting SID LODHI, RENG. the property in the condition in which it exists at the date of closing; REAL ESTATE &FACILITY MANAGEMENT 15 MARKET SQUARE, 1.1TH FLOOR D. Full payment is due upon title transfer; PO BOX 1971 E. The City reserves the right to reacquire the subject properties or portions thereof for the sale price (and no other amount) if the proposed development does not commence within the agreed upon time frame; and F. A non - refundable deposit of not less than $5,000 or 5% of the proposed purchase price (which ever is more), must be provided as part of any granting of an option to purchase or agreement of purchase and sale (not required at this time). SAINT JOHN, N.B. E2L 4L1 4 Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites __ J -1 A Syaint John is in a period of growth, revitalization and diversification... and our efforts are not going unnoticed. Saint John was recently selected as the Best Business City in Atlantic Canada by the Canadian Federation of Independent Business and on a national basis, Saint John has been twice acknowledged as Canada's Premiere City for Business by "The Globe and Mail's Report on Business (ROB) Magazine ". The ROB Magazine cited our dedicated and skilled workforce, accessibility to major markets, low business operating costs, strong education system and an excellent quality of life in selecting Saint John as a winning business location. Saint John, New Brunswick's largest City, is the industrial heart of Atlantic Canada. The City contributes more than one -third to the Province's Gross Domestic Product. As well as being home to both heavy and light industry, Saint John is the primary legal, insurance and financial centre in New Brunswick. I a Prominent national and international corporations such as Xerox, IBM, Air Canada, Cendant, DNIR Group, Genesys Labs, Anderson Consulting, New North Media, Canada Trust, TD Greenline, ICT Group and Northern Telecom (Norte]) have been attracted to Saint John due in part to our pro - business attitude, technological infrastructure and one -stop approach to economic development. The local telecommunications sector alone has created over 2000 new jobs in past few years. Efforts are currently underway to develop Canada's first large -scale Free Trade Zone (FTZ), which would occupy up to 1000 acres of multi -usage land on the Lorneville Peninsula. Saint John is also well positioned to benefit from continued growth in the tourism and hospitality sector. The City is the centre of the world -class Bay of Fundy eco- tourism adventure experience and is an increasingly important East Coast convention, cruise ship, trade show and special events destination. Sale and Development of the Red Rose Tea and Drury lane Parking Lot sites 5 Companies such as NBTel, The Int ing Group, Fundy Communications, Baxter Foods and Moosehead Breweries have long known the advantage of doing business in Saint John. Our local businesses reach out to the world through a fully digital telecommunications system and the state -of- the-art Port of Saint John. Canada's second highest tonnage marine cargo handling facility (second only to Vancouver). The Greater Saint John area also boats an excellent range of heavy industrial, light industrial, commercial, retail and residential real estate. Our rental rates are very stable and cost - effective. Apart from being an excellent business location, Saint John offers a quality of life second to none. The region is affordable and beautiful. Nestled between two rivers and the Bay of Fundy makes swimming, sailing, boating and skating all regular pastimes. The Saint John area also offers five golf _.i _ l J A -..I courses, ten skating rinks, numerous recreation centres, the largest urban park in Canada and a coastal nature park. Saint John's vibrant downtown area (locally referred to as "Uptown ") effectively combines historic attractions with modern facilities and is alive with new specialty outlets restaurants, pubs and bistros. A symbol of the City's renewed spirit is The Imperial Theatre - nationally recognized as one of the most beautiful restored arts facilities in Canada. Our historic City Market is connected to Harbour Station (our new civic centre and home to the American Hockey League's "Saint John Flames ", the Saint John Trade and Convention Centre, the New Brunswick Museum, five office complexes, two shopping malls and the Canada Games Aquatic Centre - all by way of a climate controlled indoor pedway system. Few cities in North America of a similar size can match the infrastructure, character and atmosphere of Uptown Saint John. 6 Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites _.. J he neighbourhood in which the subject site is located is defined as the core area of the City which runs easterly from the Harbour Front to Sydney Street and southerly from Station Street to Princess Street. This area has undergone significant redevelopment with major projects being completed in the 1980's and early 1990 with the completion of the Mercantile Centre. In addition, an interior 0 Patr.p V CAVe-ad F of,; —� OncwrayTralft- -Saint Jchn Harbour walkway system extends westward from the City Market to Brunswick Square, City Hall, Market Square and northward to the Aquatic Centre, Mercantile Centre and Harbour Station. The City has a designated Business Improvement Area that receives special development emphasis from the non profit group, Uptown Saint John Inc. °C a_ �CF�MI dl F UNION �y T IL P UNION loFlG soc> #� � Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites 1. Location The Site is located in a City centre and is generally bounded by Union Street, Mill Street, Smythe Street, and the extension of Station Street. It is at the entrance to the uptown, adjacent to the exits from the eastbound lanes of the Throughway. See site location plan. 2. Site Details The Site is a combination of a number of older lots, which were recently consolidated to form Parcels 1 and 2. The land is improved on the northern side with a five - storey building and a three storey building that were used in the blending, packaging, and distribution of tea and coffee. The five- storey building, built in 1903 and designated historic, is an asset worthy of incorporation into the site's redevelopment. The southerly end is developed as a civic parking lot and provides parking for 88 cars. The Site has a very high visibility with traffic volumes along the viaduct (Mill Street) ranked one of the highest in the City (approximately 38,000 cars daily). Further, the site provides an opportunity for excellent views of the Saint John Harbour. 3. Municipal Services Water and sewerage services are available to the subject site along Union Street and Smythe Street. There are water and sewer laterals running the length of the former Drury Lane which serves only the Site and could be discontinued if desired. There is also a major water line under a portion of the former North Street which is included in the proposal call and an easement has been retained. Union Street has been rebuilt and there is a concrete sidewalk along the side of the Parking Lot property. Mill Street has also been rebuilt and there is a concrete sidewalk a portion of the way along the frontage but in front of the building there is still an asphalt sidewalk which has not been renewed. 4. Terrain The Site slopes downward in a westerly direction approximately 11% along Union Street and North Street. No geological or environmental investigations have been undertaken by the City. Proponents should satisfy themselves as to site conditions. 5. zoning The Site has recently been zoned "B -3 ", Central Business which permits a wide range of uses normally considered part of an uptown area. A copy of the Zoning By -law containing the regulations relating to the area zones, may be obtained from die Community Planning Department, 10th Floor, City Ball. 6. Assessment and Taxes I. Red Rose Tea Site (Parcel 1) Account Numbers: 1630531, 1630549 Tax Assessment: ,x`499,600 1999 Rate: $4.8575 per $100 of assessed value Total 1999 Tax: $24,268.07 2. Drury Lane Parking Lot Site (Parcel 2) Account Number: 3772054 Tax Assessment: $439,400 1999 Rate: $4.8575 per $100 of assessed value Total 1999 Taxes: ;21,343.86 The Assessment Act calls for assessments to be at the real and true value as of January 1st of any taxation year. A proponent who started a redevelopment project after January l st would not normally be required to pay increased taxes until the following year. a Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites Red Rose Tea & Drury Lane Parking Lot - Site Plan r � North P 18.86 n 23.88 g 40' s PARCEL 1 Red Rose Tea Site 2,272 m2 Tea Building 1121 Building 243 ----- - -- - -- 1 .2 9 Mercantile Building PARCEL 2 Drury Lane Farling Lot Site I I I 3,184 m2 Min street II (Public Street) 6.7 mr \ 30.87 m 7:l•8 _ _ _ Union Street Ma Amt Square Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites 9 -�arecl 1 of the Site has been improved with two buildings which were used for the storage, blending, packaging, and distribution of Red Rose Tea and Coffee. The oldest building, known commonly as the Tea Building, was constructed in 1903 and is a five storey structure with a small basement (furnace room) in the northwest corner, a small office area on the first floor, and four (4) floors of open area. onstructit;ln __i _1 _J t A 1 The building has been kept in reasonable repair and has had a new roof installed since being acquired by the City (1991). The second building, known commonly as the Coffee Building, was built about 1940 and is three storeys in height with a small basement used as a loading area and three (3) floors of open space. This building is generally in good condition_ The description of the buildings follow and floor plans may be found in the Addenda of this proposal. Foundations Stone and mortar. Walls Brick and some ornamental stone. Windows Wood double hung windows typical, single glazed; some fixed storefront windows in the ground floor north elevation. Roof Flat style with tar and gravel finish over wood mill deck and wood beams. Floors Hardwood typical, in poor condition resulting from wear and damaged from lack of heat and water leaks; carpet in the ground floor offices and concrete over wood deck in the former locker area. Walls Generally exposed to exterior wall; drywall and panelling in the ground floor offices. Ceilings Generally exposed to mill deck; acoustic tile in the offices and other minor finished areas. SQI 'Jice-� Plumbing Various washrooms, some partially removed, generally requiring restoration. Heating Hot water radiators and steam heating. Electrical 200 amp /240 volt main entrance, suspended fluorescent lighting typical; ADT fire alarm monitor and control, model 4520. Sprinklers Fully sprinklered. Elevators Freight elevator, 1500 lb. capacity. ri44U IjUd.3j4L< Five floors and basement furnace room; finished offices North half of ground floor. oinunosiurlS & Are, Dimensions Plan Areas (Sq.Ft.) Total Height Irregular; max 80.0'x 102.5' 6,625 33,125 5 Storey 24"/- x 24"/- 576 576 Basement 10 Sale and Development of the Red Rose Tea and Drury Lane Parldng Lot Sues : ._ __-1 ry_:I - -_I 11- ma .9c, L) J J 1 J J -II-ti - � 1 Construction Foundations Poured concrete. Walls Brick over speed tile curtain walls, steelframe. Windows Various wood double hung, fixed and semi- sashless vinyl sliders. Roof Tar and gravel finish over wood deck on steel beams. Intt°rior Floors Hardwood typical over wood mill structurc;eonerete on ground floor; vinyl in the lunchroom. Walls Generally exposed to exterior walls, some wood and drywall partitions. Ceilings Generally exposed to structure, acoustic tile (damaged) in the cafeteria. Plumbing Sinks on second and third floors Heating Oil fired hot water; radiators and projection heater; auxiliary electric baseboard in offices and projection to garage. Electrical 600 amp /240 volt/3 phase main entrance to various panels, fluorescent lighting typical. Sprinklers Sprinklered. Elevators Freight elevator from basement, 1500 lb. Edwards fire alarm. in Dilation Three floors and partial basement with loading bay. Dimensions & Arse,. Dimensions Plan Areas (Sq.Ft.) Total Height 130-2'x 40.7' 5,221 15,663 3 Storey 12' under deck Basement 10' under beam 30' '/- x 40.1' */- 1,203 1,203 Sale and Development of the Red Rose Tea and Drury Lane Parking Lot Sites I I 01- 00 r -..wool -__j -1—dwoo 1 "...0 A as z �z � QGCJ W O5 OOm Quo �a Q7 U U N U ti J 4a 44 44 4a O Va O 4a O ° o v _A 4J 4-+ U 4a ° a a 0 FO „ a > a� U N 44 O 4W O, N U 4J O N a 44 W O a U 44 4a O r� W.. o x a ❑ a N 1) v H 4-f O 0 13 0 O „0 —,08 O m z 30 CL Boa 03 LL aao z�- Oa U :i LW D D a a 0 D Q U � < W w w G D z o H U D o a o _ O i a N O O Ln a a a D D D D a a N C) a D a Q ° b a4 o � u N O O m Z gz a0 L) oc �Om oLL z 00 °C a_ M_j o � E O 0 tt c a a .1A Q 0 i C � � n w 4-t O ¢i C � � 0 n D �A K" C O `y G 0 00 O u \Ci+ a 0 a U) v E 0 c Ln v to s~ +1 v {] a a 0 N w O 3 a o a 0 c o r-' o v b U to Q z 50 . az o °w� 3 LL oxo CC 0. o� ❑ ❑ U. i a ❑ �04 W � z o ❑ z ❑ ❑ U) ❑ ❑ ❑ Q Ln ❑ ❑ ❑ ❑ 'a O U1 a ❑ ❑ ❑ CV W O O U N z g� o� 3om °LL o x� t- o LL_ — LL .J O � s n ° I o ° 1 P4 N C o W ° O a H d En C] r-I a O U ° p o O Ln ° p p p .. p p o N w W C ° d d � 0 co U F U a-. C7 w w u� A o a ro 0 AW e �+ o+ U W �x �u a •.� o � ro roA z as Aa 0 rn a i U cu U R, z fa C m Y4 � 3 � Q Xl)* 7 Ts. N 13 r 0 I } I I I 0 I I I I I I I � I I a o S � I I I I I I a I I I I t 1 I 0 co I I II I I I -P I I cv a) ) w I I I I IC) u N U U a-. w w u� a ro e W �u a •.� o � roA z Aa 0 a i U z H U � Q 0 0 G A 3w a� 0 U a ME] ° o G L] : O 0a G z3 V w n � Q 4 tU 0 F O O YJ AO 0 aC a o U fa s• 7 w wa x O F 7 Cz H H w O c0 a o �ao v w C%4 w x 0 F a a m V U) A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of the City of Saint John as follows: 1. A by -law of the City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the twenty -first day of September, A.D. 1970, is hereby amended by adding thereto Section 143 immediately after Section 142 thereof, as follows: - 143. The City of Saint John does hereby stop up and close permanently the following portion of Market Square: All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No. 2, dated March 1, 1923 and signed by Gilbert Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern sideline of Market Square, the said sideline also being the northern sideline of the aforementioned Lot 9, a distance of twenty -seven and thirty -five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a northerly direction following the prolongation of the eastern sideline of Water Street a distance of twenty -two and thirty -one hundredths of a metre (22.31 m); thence in an easterly direction a distance of twenty -seven and forty -three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolongation of the western sideline of Prince William Street a distance of twenty -one and fifty hundredths of a metre (21.50m) more or less to the place of beginning. 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 twenty- second day of March A.D. 1999 and signed by: M Mayor, the meer of Council who prided at the meeting at whi h it was enacted; and f First Reading - March 15, 1999 Second Reading - March 15, 1999 Third Reading - March 22, 1999 March 22, 1999 1 ,1 r 1 '(: Mayor Shirley McAlary & Members of Common Council PO Box 1971 Saint John, NB E21, 4L1 RE: PROPOSED STREET CLOSURE AND IMAX THEATRE Your Worship and Common Council: On behalf of Uptown Saint John Inc., I am writing to provide support of the proposed street closure to allow for the establishment of an Imax Theatre in uptown Saint John. Uptown Saint John Inc. foresees the significant benefit that will be realized by both its' uptown member businesses, as well as the broader community, should a new IMAX Theatre be built in our city centre. It is anticipated that this theatre will draw thousands of visitors per year, , creating economic spin off for local merchants and provide increased incentive for the future rehabilitation of properties in the immediate vicinity. 40 KING STREET SAINT' JOHN At this time, we encourage Council to take the next step and approve the street NEW BRUNSWICK closure to permit the continuation of discussions for the IMAX Theatre to E21. 1 G3 remain in uptown Saint John. 506 TELEPHONE 9797 Should you have any questions regarding this matter or wish to discuss it in FACSIMILE, further detail, please do not hesitate to contact me at 633 -9797. 506.652 •3525 V_R 1 - 888 - I I1`1'OWNS) Yours truly, �1 1 9U), R11U KING SAINTJOIIN NOUVEAU- BRUNSWICK U2 103 Susan Harley, President TI LEI'IION[ Uptown Saint John Inc. 506.633.9797 'I'ILI:C()I'l FiU Il cc: Tony Rickett item 506-652-3525 QUOTIT) I LIAR 22 M, V_R A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of the City of Saint John as follows: 1 _ A by -law of the City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the twenty -first day of September, A.D. 1970, is hereby amended by adding thereto Section 143 immediately after Section 142 thereof, as follows: - 143, The City of Saint John does hereby stop up and close permanently the following portion of Market Square: All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No. 2, dated March 1, 1923 and signed by Gilbert Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern sideline of Market Square, the said sideline also being the northern sideline of the aforementioned Lot 9, a distance of twenty -seven and thirty -five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a northerly direction following the prolongation of the eastern sideline of Water Street a distance of twenty -two and thirty -one hundredths of a metre (22.31 m); thence in an easterly direction a distance of twenty -seven and forty-three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolongation of the western sideline of Prince William Street a distance of twenty -one and fifty hundredths of a metre (21.50m) more or less to the place of beginning. 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. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - Second Reading - Third Reading - * 2 STREET CLOSING PORTION OF MARKET SQUARE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, March 15, 1999 at 7:00 p.m. to stop up and close the following portions of highway. - "All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No. 2, dated March 1, 1923 and signed by Gilbert Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern sideline of Market Square, the said sideline also being the northern sideline of the aforementioned Lot 9, a distance of twenty -seven and thirty -five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a northerly direction following the prolongation of the eastern sideline of Water Street a distance of twenty -two and thirty -one hundredths of a metre (22.31 m); thence in an easterly direction a distance of twenty -seven and forty -three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolongation of the western sideline of Prince William Street a distance of twenty -one and fifty hundredths of a metre (21.50m) more or less to the place of beginning." The proposed amendment and plan of the above described portions of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T-J = Telegraph Journal) X ETG City Information AD Date(s): Tuesday, February 23, 1999 Tuesday, March 2, 1999 0 ETG Independent Placement Date(s): L71 ETG Classifieds Date(s): 17711 T -J Independent Placement Date(s): 0 T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 17 Tender(s) 17 Proposals(s) X Public Notice(s) C1 Mayor's Message 171 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 17 OPEN SESSION M &C99 -41 February 15,1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Proposed Street Closing BACKGROUND City of Saint John In anticipation of a proposed development, staff believe it would be prudent to initiate the process of closing a portion of Market Square (public street), as generally shown on the attached plan. RECOMMENDATION Your City Manager recommends that Common Council authorize the publishing of a notice of its intention to consider the passing of a by -law to stop -up and close a 612 m2 f portion of Market Square (public street) as generally shown on the attached plan. Claude MacKinnon, P. Eng. Commissioner Environment & Development Services J Terrence Totten, C.A. City Manager r. C)037 002` \\ F 027gp9 Loyalist Plaza 5500b88b �1 1. � t Lti City Hall �KE T 5 5 01189 A Parking Lot Plan I SQUARE Subject r, l N Portion 612 m2 +/- 2-�.5 -n -s o� P n LP 3 P N h 0 � 0 0 0 0 0 0 o a cr o G �o _v 0001136=_- - -� _ _ 00011338 O o CO o ° o ° 0 � a� w 0 _ � o Opp113�p o v RCN S = 00011304 Y p001124b r�u 000 \1288 r� An illustration of the approximate Location and configuration of the subject portion of Market Square. o 0 0 A 934 C) _ = -0 -D ° D�p09Q' W t Legal Department John L. Nugent City Solicitor AERORANDUR TO: Mary Munford FROM: Lynda A Farrell DATE: February 16, 1999 RE: Market Square P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Tel.: 506 658 -2860 Fax: 506 658 -2802 Common Council meeting on February 15, 1999 authorized the publication of notice of their intention to consider the passing of a by -law to stop -up and close a certain portion of Market Square, a public street. The following description is of that portion of Market Square, a public street, and is for the required Notice: "All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No. 2, dated March 1, 1923 and signed by Gilbert Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern sideline of Market Square, the said sideline also being the northern sideline of the aforementioned Lot 9, a distance of twenty -seven and thirty -five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a northerly direction following the prolongation of the eastern sideline of Water Street a distance of twenty -two and thirty -one hundredths of a metre (22.31m); thence in an easterly direction a distance of twenty -seven and forth -three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolongation of the western sideline of Prince William Street a distance of twenty -one and fifty hundredths of a metre (21.50m) more or less to the place of beginning. city of Saint John - 2- Note: This memo is copies to the City Manager in this instance because of my letter to him of February 11, 1999 and to Eric Giffin as he provided the metes and bounds description. ll cc: Terry Totten, City Manager Eric Giffin, P. Eng. Legal Department John L. Nugent P.O. Sox 1971 Tel.: 506 658 -2860 City Solicitor Saint John Rax: 506 658 -2802 New Brunswick Canada EX 4L1 Committee -of- the -Whole March 5, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: City of Saint John Re: Council's intention to consider stopping up a portion of Market Square, so called Common Council adopted on February 15, 1999, a resolution authorizing the publication of notice of its intention to consider stopping up and closing a portion of Market Square, so called. Prior to adopting that resolution, the City Manager had informed Council meeting in Committee -of- the - Whole, of the prospect of an IMAX theatre development and the possibility that the area to be considered for closing would be necessary for that development. The Committee also received a copy of correspondence which the City Manager had received from Lynda Farrell of this department respecting the status of the area in question. The Charter of the City of Saint John provides in part that: "the market place already laid out on the east side of the said harbour, ... shall be and forever remain open and uninclosed and unappropriated to any use or uses whatsoever either private or public (the building of market houses on the said market place is only excepted.)" .../2 Her Worship and Councillors March 5, 1999 Page 2 The Charter goes on to provide: "... all and every grant and conveyance whatsoever to be made by the said mayor, aldermen and commonalty of the said market places, ... shall be ipso facto void....." After considering the results of an extensive investigation of the Charter, other legislation and archival records, I have formed the opinion that the area in question is probably part of the market place on the east side of the harbour referred to in the Charter. However, I would expressly state that the investigation did not determine with certainty, the location of the market place in question. The legal status of this area, is from a practical perspective, of paramount concern to whomever would seek a conveyance of the area from the City. Consequently I am recommending firstly that the information which we have obtained be made available in a timely fashion to those who have requested that the area be conveyed and secondly, if they are satisfied the City has the capacity to convey this land, that any conveyance be conditional upon the purchasers providing the City with written indemnification and release of any claims, damages, etc. which might arise from the sale and subsequent use of the area. Respectfully submitted, A A Job. .Nugent City Solicitor :llh J14; Office of the Mary L. Munford PO_ Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 March 22, 1999 Mr. Eric L- Teed, Q.C. Teed & Teed Barristers & Solicitors P.Q. Box 6639, Station A Saint John, NB E21- 4S1 Dear Sir: City of Saint John At a meeting of the Common Council, held on March 15'h, 1999, first and second readings were given to a proposed amendment to the City's Street Closing By -Law to close a portion of Market Square, a public street. Your letter of objection to the proposed amendment was considered at the same meeting. Yours truly, /Z Mary L. unford Common Clerk MLM:sc 9/1�zjl ERIC L. TEED, O.C., Q.C. PETER E. L. TEED Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4L 1 Your Worship and Councillors: TEED & TEED Barristers & Solicitors TELEPHONE (506) 634 -7320 FACSIMILE (506) 634 -7423 March 12, 1999 Re: Market Square Closing 127 PRINCE WILLIAM STREET P.O. BOX 6639, STATION "A" SAINT JOHN, NEW BRUNSWICK CANADA E21. 4S1 I noticed with some interest the proposal to close a section of the south side of Market Square. After some study I have concluded I should object to the proposed closing. I suggest that this pending procedure be stopped as it appears it may not be lawful nor in the public interest. While the purpose of the closing is not publicly known, it is understood by way of rumor that some type of construction is proposed on or over the land area. The bus stop is essential to the flow of traffic. To terminate it's use could only add to traffic congestion in the remainder of the Square itself. It should be ascertained exactly what use is to be made of the land if it is available for use before closing takes place. Further, it is unclear which area is proposed. I submit that Council should obtain full information relating to the land before any fiirther action is taken. The public notice as published states "the proposed amendment and plan of the above described portion of highway may be inspected at the office of the Common Clerk. Unfortunately the plan is inaccurate. It states it is an approximate location. The measurements on the plan do not conform with the description. It can be argued the proceeding because of the discrepancy is involved are invalid. The area as described appears to be part of Market Square. The area or some of the proposed area is therefore not a highway but is a public square. The bus lay -by was built for buses only. It is not a public thoroughfare nor a City street. As such it is submitted the bylaw respecting closing of highway is not applicable. TEED & TEED March 12, 1999 Page 2 However of greater import is the fact that Market Square is a public area. If it is intended to utilize any part for a proposed building it would be unlawful. The City Charter provides: (a) that the Market Place already laid out on the east side of the Harbour shall be and forever remain open, unenclosed, unappropriated to any use or uses whatsoever i er private or public, the building of a market house on the said market places only excepted. A plan of the City of Saint John made in the year 1784 clearly shows the market place at the foot of King Street. This has been used for a market for many years. More recently it has been used for the passage of traffic but that does not render it a street or highway. Enclosed also is a plan of 1882 showing the location of Market Square. It would appear that it would require Legislative change to allow the City to encroach upon the market square as laid out. Therefore I suggest that the proposed closing of the portion of Market Square as a highway which may not exist be deferred until a full report on the legality and effect of such can be obtained. In fact the application should be terminated until full details of proposed use are made clear. In summary I oppose the proposed closing of the part of Market Square as: (a) the requirement of public notice has not been fulfilled in compliance with the City By- Law; (b) the area is not a public highway; (c) the area is part of a public square and cannot be used for any form of development. Yours truly, Eric C. ELT /bh Enclosures MAR 121M ()00"17007\ City Hall 4�1 RIVE T p27ap9 Loyalist Plaza SSOObgg6 5 501189 4 Parking Lot CD Plan 1 SQUARE 5ubject N Portion NP 612 mZ +/- 3 �-4 3 - P to P- CP P a 10 z C) CO Z O CDP O ° O O O Q p O L tp CO - p w a 0 o 0 as D 0011338 0 a a ppp1�3'tp o w ppp113�Z (J-) An illustration of the approximate location and configuration of the subject portion of Market Square. 0 0 oaor�i�� 0 O 000090" w i� rion "concluded ;` `that' Mr. Milligan contributed to a poisoned workplace and that both he and staff were in need of training. ■ '-PUBLIC N J Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law lespecting The Stopping Up and Closing of Highways in The 'ity of Saint John" at its regular meeting to be held on Monday, Aarch 15, 1999 at 7:00 p.m. to stop up and close the following )ortions of highway: 'All that portion of Market Square, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the western sideline of Prince William Street, the said point being the northeastern corner of Lot 9 as shown on City Survey Sheet No. 2, dated March 1, 1923 and signed by Gilbert, Murdoch, Deputy Land Surveyor, the said point also being the northerly termination of the western sideline of Prince William Street at its intersection with the south side of Market Square as shown on the said plan; thence in a westerly direction following the southern si in arket Sauaw, the said sideline also being orihem sideline o t e aforementioned Lot 9, a dis- tance of twenty -seven and thirty -five hundredths of a metre (27.35m) more or less, to the eastern sideline of Water Street; thence in a norther) t' n following the prolongation of the eastern side me o Water Street a distance of twenty -two and thirty -one hundredths of a metre (22.31m); thence in an easterly direction a distance of twenty-seven and forty-three hundredths of a metre (27.43m) more or less to the intersection with the northerly prolongation of the western sideline of Prince William Street; thence in a southerly direction following the said prolon- gation of the western sideline of Prince William Street a distance of twenty-one and fifty hundredths of a metre (21.50m) more or less to the place of beginning." The proposed amendmen_t�angd plan of the above described por- tions of highway may be insp' edTffby any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p-m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. Mary L. Munford, Common Clerk (506) 658 -2862 GENERAL NOTICES The Planning Advisory Committee will meet at 6:00 p.m. on TimQr1wLy RAareh 0 iQQQ in tiro i minr_il r:hnmhprc_ I nhhv March 29,1999 at 7:00 p.m., which would: 1. Adopt the Peninsula Neighbourhood Pl. sets out additional policies to guide the peninsula area surrounding the Uptown; 2. Amend Schedule 2 -C "Central Peninsul illustrated below. \ f: i . __7 1 5:. Schedule 2 -C Centra[Peninsula Land L REASON FOR CHANGE: To adopt a r an amendment to the Municipal Plan. The proposed amendments may be inspec person at the office of the Common Clerk, Planning Department, City Hall, 15 Marke N.B_ between the hours of 8:30 a.m. an through Friday, inclusive, holidays excepte( Written objections to the amendment may signed at City Hall. Mary L. Munford, Common Clerk (506) Re: 91 Prince Edward Stree Public Notice is hereby given that the Co City of Saint John intends to consider ame John Zoning By -law at its regular meeting t March 29,1999 at 7:00 p.m., by: Rezoning a parcel of land located at 91 having an area of approximately 850 square feet), also identified as being NBGI Neighbourhood Institutional to "13-2" C illustrated below. Office or the Mary L. Munford Common Clerk Common Clerk March 29, 1999 Mr. Charles A. LeBfond Stewart McKelvey Stirling Scales Barristers & Solicitors P.O_ Box 7289, Station A Saint John, NB E21-4S6 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 41-1 At a meeting of the Common Council, held on the 22nd instant, the following resolution was adopted, namely:- J City of Saint John "RESOLVED that the letter from Stewart McKelvey Stirling Scales, on behalf of Maxner Inc., the developer of the proposed Imax Theatre site next to the Bank of Canada building, in response to the issue which has been raised concerning the alleged impediment to the project which certain wording in Saint John's Charter creates, submitting the option that there is nothing to prevent the City of Saint John from conveying the parcel of land Maxner requires subject to then petitioning the Legislature at its next sitting for the appropriate amendment to the Charter, retroactive to the date of transfer; and advising that it must be clearly understood that such a conveyance cannot be done without indemnifications from one party to the other and they believe that the Legislature will accept such a petition without reservation so that no indemnification is required by any party -- be received and filed." Yours truly, Vurnrford Mary L. Common Clerk MLM:sc 19"' STEWART MCKELVEY STIRLING SCALES Barristers irlth Floor, Brun -.;Iok Hou e 44 Chipman Hill Solicitors Saint John, N.B. HAND DELIVERY Your Worship Mayor McAlary and members of Common Council City Hall Saint John, N.B. E2L 1E8 Your Worship, Members of Council: Crrresponderic' Telephone (506) 632 -1970 P.O. Box 7289, Postal Station:, Telecopier (506) E52 -1 _a89 Saint John, Nc Brune -ick Canada E2L 4S6 Tel: (506) 632 -2777 Fax: (506) 634 -3579 E -Mail: clehlond @smss. com March 17, 1999 RE: Construction of Imax Theatre Prince William Street I have been asked to write you on behalf of Maxner Inc., the developer of the proposed Imax Theatre site next to the Bank of Canada building, in response to the issue which has been raised concerning the alleged impediment to the project which certain wording in Saint John's Charter creates. The Charter provides in part that: "the market -place already laid out on the east side of the said harbour, ... shall be and forever remain open and uninclosed and unappropriated to any use or uses whatsoever either private or public ... " The objection to the proposed development, as I understand it, is that the land which Maxner requires on the North side of the existing parking garage may encroach on what was once the so- called market place. I understand from speaking with Lynda Farrell of the City Solicitor's office and reviewing information she forwarded to me that notwithstanding extensive investigations, no one can determine with any degree of reasonable certainty that the request for the land would in any way result in a violation of the Charter. Charlottetown Halifax Saint John Sr. John's Sydney Moncton Fredericton -2- Moreover, the Charter speaks of a market place forever remaining open. That has not been the case for many decades. The simple fact of the matter is that the object of that portion of the Charter, the market place, has been abandoned. No one can seriously argue that the subject area, wherever its boundaries may have been, could possibly be used as a market place today. In fact, the City has done a great deal of modification over the years to the area such that it is and has been put to many different uses, none of which relate to the operation of a market place. From a purely technical perspective, the area shown on ancient maps, dating back as far as 1784, as being the so- called market place is an area which is completely and directly in line with King Street and Market Slip. The land Maxner requires does not extend that far. The difficulty, again, is that no one can point to a description of this land to determine its exact boundaries. As you know, the principals of Maxner have been put to a great deal of expense and have given considerable energy to making this project a realization for the Cite of Saint John. The first attempt to build it at the Woolworth store location was unsuccessful. Notwithstanding that the City of Moncton has been prepared to go to great lengths to get this project for itself, Maxner chose to continue with its efforts to bring Imax to Saint John. The considerable economic benefits which will come with this project in construction activity, tourism etc... cannot be overlooked. Maxner has done all it can do to make this project happen. The City of Saint John must now do its part. It must decide whether it will support badly needed development or impede it by not demonstrating the proper political will. It is my considered opinion that there is nothing to prevent the City of Saint John from conveying the parcel of land Maxner requires subject to then petitioning the Legislature at its next sitting for the appropriate amendment to the Charter, retroactive to the date of transfer. It must be clearly understood that such a conveyance cannot be done with indemnifications from one party to the other. We choose to believe that the Legislature will accept such a petition without reservation so that no indemnification is required by any party. Because of very tight production schedules for the highly specialized equipment required for this Imax Theatre and because of construction schedules, Maxner must receive third and final reading of the resolution before you no later than Monday, March 22, 1999 failing which the project will officially die, never to return to Saint John. The decision is really quite simple: the City either chooses to perpetuate a market place which has not existed for decades and will never again operate at this location, or, it moves to promote development by conveying the required land and taking the required legislative action to sanction the conveyance at the next sitting of the New Brunswick Legislature. -3- Maxner sincerely trusts the City will agree with the position set out in this letter and looks forward to final passage of the resolution so that construction can begin in the Spring. On behalf of Maxner, I thank you for your consideration. CAL/dl cc Enterprise Saint John Hon. Roland McIntyre Hon. Camille Theriault Lucien Richard Tony Rickett Lynda Farrell Yours very truly, STEWART McKELVEY STIRLING SCALES Cha4A.Le d ..,,.. �, • ' " Ar Le 56 / i -19 y � r tv � AeA,& t s ,9' �✓ .� W '���' can �-- ����'" �. ! `�' --`C= �- �(. /�%�` %3 °G..� �[, / 4�z A -1 yl. Ao-1 aw?r^iz, ylll� 'A Ap 7-16 -7 w an-M own lea- l6 DELIVERED BY HAND 18 March 1999 Her Worship Mayor McAlary and Members of Common Council City of Saint John c/o Common Clerk's Office P. O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor McAlary and Council Members: On Thursday, April 22, 1999, Imperial Theatre will be holding a goods and services auction to help raise funds in support of theatre operations. As you know, Imperial Theatre is both a non -profit organization and a registered charity, dedicated to bringing quality live entertainment to greater Saint John, and dedicated to providing a quality environment for performances by local artists and community groups. We would respectfully request that the City of Saint John waive the normal $84.00 auctioneer license fee for this special event. Our auctioneer will be Brian Warshick. Should you require any further information, please feel free to contact me at 674 -4104. Thank you in advance. Yours sincerely, V Peter D. Smith General Manager 41(;1it_i tlti Q-0709 , tda 19 i4 ,49 Imperial Theatre Inc., 24 King Square South. Saint John, New Brunswick, Canada 1:21. 5B8 Administration (506) 6-4 -4111 Box Office (506) 674-4100 Facsimile (506) 6 -4 -4141 ® imperialGnbnet.nb.ca www.culturenctca/imperial Lvt�iq,�f49 o"T Ua-,-,, �, O"r 'k, .4- �L� Lk-�, " - � 1 u.-� oli W.M% OLP "n 0�*= MAR 19 1999