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2012-09-24_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, September 24, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom 1.0(a,b) Approval of Minutes 10.2(4) 1.1 Personal Matter 10.2(4)(b,j) 1.2 Legal Opinion 10.2(4)(c,f,g) 1.3 Employment Matter 10.2(4)(b,j) 1.4 Employment Matter 10.2(4)(b,j) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of August 27, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Cherry Brook Zoo 2013 Budget and Request to Present (Recommendation: Receive Report for Information and Refer to Clerk to Schedule) 5.2 Plan SJ - Cengage Learning Inc./Nelson Education Ltd. - Request for Permission (Recommendation in Report) 5.3 Contract 2011 -33 - Sanitary Lift Station #32 & Force Main Installation (Recommendation: Receive for Information) 5.4 Contract No. 2012 -28: Airport Aqueducts Sonar and HD -CCTV Inspection (Recommendation in Report) 5.5 Proposed Temporary Working Room Contract Portion of Civic #12 Seaward Crescent (Recommendation in Report) 9 5.6 Saint John City Market - Stall No. D - Transfer of Shares (Recommendation in Report) 5.7 Saint John City Market - Lease of Space Stall No. 4 (Recommendation in Report) 5.8 Multicultural Association of Saint John Inc. - Request for Free Space in a City -Owned Facility (Recommendation in Report) 5.9 Saint John Jeux Canada Games Foundation Audit Report and Financial Statements for December 31, 2011 (Recommendation: Receive for Information) 5.10 Chris Titus' Letter of Resignation from the Saint John Transit Commission (Recommendation: Refer to the Nominating Committee) 5.11 Saint John Board of Police Commissioners - Skills Matrix (Recommendation: Refer to Nominating Committee) 5.12 Saint John Board of Police Commissioners - Citizen Online Crime Reporting (Recommendation: Receive for information) 5.13 The Information Management Policy: Replacing the term "GARP" with the term "The Principles" (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Douglas Avenue 9. Public Hearings 10. Consideration of By -laws 10.1(a) Report from Planning & Development - 80 Kierstead Rd Proposed Rezoning 10.1(b)Third Reading Proposed Zoning ByLaw Amendment 80 Kierstead Rd 10.1(c) Section 39 Conditions 11. Submissions by Council Members 11.0 360 Review (Mayor Norton) 11.1 By -Law Number M -27 Amendment (Councillor Norton) 11.2 Amendment to Procedural Bylaw (Councillor McAlary) 11.3 Truck Routes (Councillor MacKenzie) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Committee System Form of Government 12.2 Common Clerk: Scheduling of Priority Setting Session 12.3 City Solicitor: Manawagonish Road Truck Route Traffic By -Law Amendment 12.4 Commissioner of Finance: 2012 Debenture Issue 12.5 Commissioner of Finance: Pay & Display Parking Machine - Coin Selector Upgrade 12.6 City Manager: Westfield Road Speed Limit 12.7 City Manager: Provincially Designated Highways - Proposed Five -Year Capital Improvement Program (2013 -2017) 12.8 City Manager: Mispec Park Tender 12.9 City Manager: Listing of Parcels as Wetland Restoration Inventory 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 5 The City of Saint John Seance du conseil communal Le lundi 24 septembre 2012 Comite pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conference, 8e etage 1.0a,b) Approbation du proces- verbal — paragraphe 10.2(4) 1.1 Question relative au personnel — alin6as 10.2(4)b), j) 1.2 Avis juridique — alin6as 10.2(4)c), j), g) 1.3 Question relative a 1'emploi — alin6as 10.2(4)b), j) 1.4 Question relative a 1'emploi — alin6as 10.2(4)b), j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la s6ance tenue le 27 aout 2012 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 11approbation du conseil 5.1 Budget de 2013 et demande de pr6sentation de la part du zoo Cherry Brook (recommandation : accepter le rapport a titre informatif et transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.2 Plan SJ - Cengage Learning Inc./Nelson Education Ltd. — Demande de permission (recommandation figurant au rapport) 5.3 Contrat no 2011 -33 — Installation de la conduite d'eau principale a la station de relevement no 32 (recommandation : accepter a titre informatif) 5.4 Contrat no 2012 -28 : Inspection au sonar et par syst6me de t616vision en circuit ferm6 haute d6finition des aqueducs a6roportuaires (recommandation figurant au rapport) 5.5 Projet de contrat provisoire flexible visant la parcelle situ6e au 12, croissant Seaward (recommandation figurant au rapport) 5.6 March6 municipal de The City of Saint John — Etal ri « D » — Transfert des actions (recommandation figurant au rapport) 5.7 March6 municipal de The City of Saint John — Location de 1'6tal ri « 4 » (recommandation figurant au rapport) 5.8 Multicultural Association of Saint John Inc. — Demande d'espace gratuit dans une propri6t6 de la Ville (recommandation figurant au rapport) 5.9 Rapport de v6rification et 6tats financiers du 31 d6cembre 2011 de la Saint John Jeux Canada Games Foundation (recommandation: accepter a titre informatif) 5.10 Lettre de d6mission de Chris Titus de la Commission des transports de Saint John (recommandation : transmettre au Comit6 des candidatures) 5.11 Bureau des commissaires de la police de Saint John — Grille de compkences (recommandation : transmettre au Comit6 des candidatures) 5.12 Bureau des commissaires de la police de Saint John — Signalement en ligne des crimes par les citoyens (recommandation : accepter a titre informatif) 5.13 Politique relative a la gestion de l'information : Remplacer dans la version anglaise le terme « GARP » par le terme « The Principles » ( recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Avenue Douglas 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 a) Rapport du service Urbanisme et d6veloppement — Rezonage propos6 visant le 80, chemin Kierstead 10.1b) Troisi6me lecture du projet de modification de 1'Arr6t& de zonage visant le 80, chemin Kierstead 10.1c) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.0 Examen exhaustif (maire Norton) 11.1 Modification de 1'Arret& ri M -27 (conseiller Norton) 11.2 Modification de 1'arret& proc6dural (conseillere McAlary) 11.3 Itin6raires pour camions (conseiller MacKenzie) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffi&re communale : Mode de gestion du syst6me des comit6s 12.2 Greffi&re communale : Calendrier des s6ances visant 1'&tablissement de priorit&s 12.3 Avocat municipal : Modification de 1'Arr8t6 relatif a la circulation sur les voies r&serv6es aux camions sur le chemin Manawagonish 12.4 Commissaire aux finances : Emission de d6bentures pour 2012 12.5 Commissaire aux finances : Syst&me de paiement a console d'affichage — Modernisation du s6lecteur de monnaie 12.6 Directeur g6n&ral : Limite de vitesse du chemin Westfield 12.7 Directeur g6n6ral : Routes provinciales d&sign6es — Programme quinquennal d'am&lioration des immobilisations propos6 (2013 a 2017) 12.8 Directeur g6n6ral : Soumission relative au parc Mispec 12.9 Directeur general : Liste des parcelles figurant a Finventaire de la restauration des zones humides 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOUT 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 27, 2012 - 7:20 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge - and - K. Forrest, Commissioner of Growth and Development Services /Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; M. King, Police Staff Sergeant; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Edward Powell offered the opening prayer. (Councillor Strowbridge withdrew from the meeting) 2. Approval of Minutes 2.1 Minutes of July 18, 2012 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the minutes of the meeting of Common Council, held on July 18, 2012, be approved. Question being taken, the motion was carried. 2.2 Minutes of July 23, 2012 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the minutes of the meeting of Common Council, held on July 23, 2012, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the agenda of this meeting with the addition of item 13.3 Committee of the Whole: Preparation of Arbitration Brief & Presentation in the Matter of Interest Arbitration Between the City of Saint John and I.A.F.F., Local 771, be approved. Question being taken, the motion was carried. (Councillor Strowbridge reentered the meeting) 4. Disclosures of Conflict of Interest Mayor Norton and Councillor Fullerton disclosed a conflict of interest with item 12.2 Follow -up Respecting the 2012 Heritage Grant Program Councillor Reardon disclosed a conflict of interest with item 5.7 622808 N.B. Inc. Easement — Off Canterbury Street 5. Consent Agenda 0 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 5.1 Refer to item 14.1 5.2 That the letter from the Town of Quispamsis regarding the Regional Growth Strategy Framework be received for information. 5.3 That the letter from Carleton Branch # 002 regarding moving the cenotaph back to Tilley Park be referred to the City Manager. 5.4 That as recommended by the City Manager in the submitted report M &C 2012- 205: Proposed Public Utility Easement - 1381 Bayside Drive, Common Council assent to the submitted Accurate Concrete Sawing and Drilling Ltd. Subdivision, in one or more phases, with respect to the proposed public utility easement. 5.5 That as recommended by the City Manager in the submitted report M &C 2012- 206: Exchange Agreement with Service New Brunswick, Council support the City entering into the City of Saint John and Service New Brunswick / GeoNB New Brunswick Road Network Update Agreement with Service New Brunswick and that the Mayor and Common Clerk sign the agreement on the City's behalf. 5.6 That as recommended by the City Manager in the submitted report M &C 2012- 210, Contract No. 2012 -27: Crack Sealing - 2012, be awarded to the low tenderer, 624091 Alberta Limited o/a R &N Maintenance at the tendered price of $76,614.00 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 Refer to item 14.2 5.8 Refer to item 14.3 5.9 That the report M &C 2012 -216: Public Information Session - Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction be received for information. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.1 Police Commission: Request to Present; 5.7 622808 N.B. Inc. Easement — Off Canterbury Street; and 5.8 Watershed Land Acquisition Portion of PID 0428524 — 4361 Loch Lomond Rd, which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Shinerama Week and Shinerama Day The Mayor proclaimed the week of September 3 -7, 2012 as Shinerama Week and September 5, 2012 as Shinerama Day in The City of Saint John. 7.2 United Way Month The Mayor proclaimed the month of September 2012 as United Way Month in The City of Saint John. 8. Delegations /Presentations 8.1 Vibrant Communities — Urban Transportation Initiative Referring to a submitted report and presentation, Sara Stashick and Barry Galloway outlined the findings from the research conducted by Vibrant Communities Saint John respecting public transit and they responded to questions from Council members. On motion of Councillor Snook 7 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOUT 2012 Seconded by Councillor Reardon RESOLVED that Council suspend section 10.7 of the Procedural By -Law respecting the finalization of matters. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Reardon RESOLVED that item 8.1 Vibrant Communities — Urban Transportation Initiative be referred to the 2013 budget deliberations. Question being taken, the motion was carried. 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading — Taxicab By -Law Amendment On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that a by -law entitled, "A By -Law to Amend By -Law Number M -12 A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John," amending Section 23 by deleting subsection 23(4), be read. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend By -Law Number M -12 A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John," was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that a by -law entitled, "A By -Law to Amend By -Law Number M -12 A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John," amending Section 23 by deleting subsection 23(4), be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A By -Law to Amend By -Law Number M -12 A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John." 10.2 Proposed Municipal Plan Amendment 3795 Loch Lomond Rd / Abigail Place / Eldersley Ave On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 3795 Loch Lomond Road /Abigail Place /Eldersley Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Tuesday, October 9, 2012 at 7:00 p.m. in the Council Chamber Question being taken, the motion was carried. 11. Submissions by Council Members 11.1 Nominating Committee SharePoint Portal (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Reardon RESOLVED that Common Council direct the Common Clerk to report back to Council regarding the creation of an electronic solution whereby the Nominating Committee: 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 (1) Would have safe, secure and convenient access of applicant's resumes and CV's. (2) Could view a comprehensive list of the ABCs, their respective members and mandate. Question being taken, the motion was carried. 11.2 Scheduling of Council Meetings (Deputy Mayor Rinehart) (Tabled August 13, 2012) On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that item 11.2 Scheduling of Council Meetings, be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that weekly Council meetings be scheduled until the end of 2012 with Committee of the Whole closed session meetings beginning at 4:30 p.m. and regular open session meetings beginning at 6:00 p.m. Question being taken, the motion was carried with Councillor Strowbridge voting nay. 12. Business Matters- Municipal Officers 12.1 Common Clerk: The Information Governance Suite: The Total Information Governance Solution Referring to a submitted report and presentation, the Common Clerk and P. Anglin, Corporate Records Manager, provided information on the governance suite of policies and responded to questions from Council members. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the Common Clerk in the submitted report entitled The Information Governance Suite: The Total Information Governance Solution, Council approve the submitted Information Governance Suite of Policies, namely: Information Management Policy Access Policy Privacy Policy Information Security Policy Video Surveillance Policy Question being taken, the motion was carried. (Mayor Norton withdrew from the Meeting and the Deputy Mayor replaced him as Chair) (Councillor Fullerton withdrew from the meeting) 12.2 City Manager: Follow -Up Respecting the 2012 Heritage Grant Program On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the Heritage Grant Policy be established in accordance with the Policy and funding levels set out in correspondence from the City Manager to Common Council, dated the 3rd day of August 2012, with such amendments to take effect retroactively on January 1s`, 2012 which maintains the Heritage Conservation Plan Grant, Conservation Development Grant and Heritage Maintenance Grant programs. Question being taken, the motion was carried. (The Mayor reentered the meeting and replaced the Deputy Mayor as Chair) (Councillor Fullerton reentered the meeting) 9 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOUT 2012 12.3 City Manager: Peel Plaza - Plaza Tender Referring to the submitted report Mr. Edwards provided background information regarding the Peel Plaza tender for the public plaza portion of the project and he responded to questions. Mr. Edwards explained that Council authorized the tenders appearing in the submitted report, adding that the city has a compliant tender within the city's budgeted amount; he cautioned Council that there may be a risk to the municipality should it not award the tender. The City Solicitor stated that he had given legal advice to the Committee of the Whole in closed session when the tenders were submitted and considered. He recommended that Council convene in closed session so that he may provide legal advice to Council members respecting this issue. The Mayor advised that the meeting would be adjourned briefly to convene in closed session for the purpose of receiving legal advice from the City Solicitor. The Mayor declared the meeting adjourned at 9:20 p.m. The Meeting reconvened at 9:25 p.m. Responding to a question, Mr. Edwards advised that the architectural consultant for this project has produced a list of possible furnishings that could be donated by the public or by private industry, noting that this list will be made public in the near future. On motion of Councillor Snook Seconded by Deputy Mayor Rinehart RESOLVED that Council members be permitted to speak more than twice on a motion for agenda item 12.3. Question being taken, the motion was carried with Councillors McAlary and Merrithew voting nay. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -215. Peel Plaza - Plaza Tender, Contract 2012- 081802T: Public Plaza, be awarded to the low tenderer Bird Construction Group, at the tendered price of $1,797,000, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Snook indicated that he cannot support the proposed amount of funds. Councillor MacKenzie advised that he cannot support the motion, noting that the volunteer options should be further explored. Councillor Fullerton stated that she is opposed to the concept of Peel Plaza park, noting that the City cannot afford the proposed work. Councillor Farren stated that the City cannot afford the project, noting that the City should use the funds allocated from the Province to lay sod in the area and rely on public contributions. Question being taken, the motion was carried with Councillors Farren, Fullerton, MacKenzie and Snook voting nay. 13. Committee Reports 13.1 Saint John Transit Commission: Response to Council Resolution Re: Revenue Generating Routes On motion of Councillor Farren Seconded by Councillor Snook 10 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 RESOLVED that the report entitled Response to Council Resolution Re: Revenue Generating Routes, be received for information. Question being taken, the motion was carried. 13.3 Committee of the Whole: Preparation of Arbitration Brief & Presentation in the Matter of Interest Arbitration Between the City of Saint John and I.A.F.F., Local 771 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on August 27, 2012, Mr. John J. McIntyre be retained at the rate of eighty dollars per hour plus HST to prepare and present the City of Saint John's Arbitration brief in the matter of Interest Arbitration between the City of Saint John and the Saint John Fire Fighters' Association, I.A.F.F., Local 771. Question being taken, the motion was carried with Councillors Farren, Fullerton and MacKenzie voting nay. 15. General Correspondence 15.1 Letter from Latimore Lake & Area Community Association On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the letter from the Latimore Lake & Area Community Association dated August 2, 2012, be referred to the 2013 budget deliberations. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Police Commission: Request to Present On motion of Deputy Mayor Rinehart Seconded by Councillor Norton RESOLVED that the request from the Saint John Board of Police Commissioners to present to Council be referred to the Police Commission for further information respecting the nature of the presentation. Question being taken, the motion was carried. (Councillor Reardon withdrew from the meeting) 14.2 622808 N.B. Inc. Easement — Off Canterbury Street On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -211: 622808 N.B. Inc. Easement - Off Canterbury Street PID #00304683 that: 1. The City of Saint John convey to 622808 N.B. Inc. for the sum of $3,814.00 (plus H.S.T.) an easement for a public utility in 118 square metres +/- of the lands being PID #304683 and designated "3.66 m Wide Right of Way" on a Plan filed in the Saint John County Registry Office as Number 1261; upon the terms and conditions set out in the Agreement of Purchase and Sale document attached to M &C 2012 - 211; and 2. The Mayor and Common Clerk execute any documents required. Question being taken, the motion was carried. (Councillor Reardon reentered the meeting) 14.3 Watershed Land Acquisition Portion of PID 0428524 — 4361 Loch Lomond Rd 11 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOUT 2012 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item14.3 Watershed Land Acquisition Portion of PID 0428524 — 4361 Loch Lomond Rd be referred back to the City Manager for further information on the matter. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with Councillor Snook voting nay. 11.3 Press Releases (Councillor Fullerton) from the table. On motion of Councillor Fullerton Seconded by Councillor Merrithew RESOLVED that item 11.3 Press Releases be lifted Question being taken, the motion was carried. A motion was moved by Councillor Fullerton and seconded by Councillor Snook to require that all press releases and the like (barring emergencies) be sent to the Mayor and all members of Common Council at least one day prior to the media. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that item 11.3 Press Releases (Councillor Fullerton) be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried with Councillors Fullerton, Strowbridge, and Snook voting nay. 11.4 Disclosure of Lawsuits Underway or Being Contemplated by the City (Councillor Fullerton) On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that item 11.4 Disclosure of Lawsuits Underway or Being Contemplated by the City be lifted from the table. Question being taken, the motion was carried. The City Solicitor advised that Council must authorize a lawsuit initiated by the City currently underway. He explained that claims made against the City are typically brought to Council's attention, noting that claims that fall under the insurance policy are dealt with under the terms described in the policy. On motion of Councillor Fullerton Seconded by Councillor Snook RESOLVED that all lawsuits presently underway by the City be disclosed, in detail, to the Mayor and all members of Common Council immediately, and that this is done in each and every instance going forward. Question being taken, the motion was carried. 11.5 Disclosure of Lawsuits being Advanced against the City (Councillor Fullerton) On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart 12 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 RESOLVED that item 11.5 Disclosure of Lawsuits being Advanced against the City (Councillor Fullerton), be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Fullerton Seconded by Councillor Farren RESOLVED that all lawsuits currently being advanced against the City, and all lawsuits against the City, of which the City is aware, be disclosed, immediately, in detail, to the Mayor and all members of Common Council, and that this is done in each and every similar instance going forward. Question being taken, the motion was carried. 11.6 Authority to Commence Lawsuit on behalf of the City (Councillor Fullerton) On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that item 11.6 Authority to Commence Lawsuit on behalf of the City be lifted from the table. Question being taken, the motion was carried. A motion was moved by Councillor Fullerton and seconded by Councillor Snook that City Staff be directed to explain to Council who has the authority to commence a lawsuit or similar action on behalf of the City and other related information was withdrawn by the mover and seconder. The City Solicitor stated that the only legal proceedings that would be initiated by the City which would not require authorization by Council are by -law enforcement issues, noting that it would not be practical to advise Council of these. 12.4 City Manager: Contract No. 2012 -26: 900mm Diameter Water Transmission Main Electromagnetic Inspection - Forest Street to Reversing Falls On motion of Councillor McALary Seconded by Councillor Reardon RESOLVED that item 12.4 City Manager: Contract No. 2012 -26: 900mm Diameter Water Transmission Main Electromagnetic Inspection - Forest Street to Reversing Falls be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -217: Contract No. 2012 -26: 900mm Diameter Water Transmission Main Electromagnetic Inspection - Forest Street to Reversing Falls that Contract 2012 -26: 900mm Diameter Water Transmission Main Electromagnetic Inspection - Forest Street to Reversing Falls be awarded to the tenderer, Keel Construction Ltd., at the tendered price of $359,509.50 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.5 City Manager: Contract No. 2012 -24: Harbourview Subdivision - Seaward Crescent Well House Upgrades On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 12.5 City Manager: Contract No. 2012 -24: Harbourview Subdivision - Seaward Crescent Well House Upgrades, be lifted from the table. Question being taken, the motion was carried. 13 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOUT 2012 On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -219, Contract No. 2012 -24: Harbourview Subdivision - Seaward Crescent Well House Upgrades be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $246,283.50 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.6 City Manager: Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that item 12.6 City Manager. Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -218: Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act, Common Council appoint Ms. Sarah Herring as a Heritage Officer for the City of Saint John pursuant to Section 54 of the New Brunswick Heritage Conservation Act. Question being taken, the motion was carried. 12.7 City Solicitor: Outside Legal Services Fees On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that item 12.7 City Solicitor: Outside Legal Services Fees be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAalry Seconded by Deputy Mayor Rinehart RESOLVED that the report from the City Solicitor entitled Outside Legal Services Fees be received for information. Question being taken, the motion was carried. 13.2 Saint John Development Corporation: Meeting Request for September 10, 2012 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED item 13.2 Saint John Development Corporation: Meeting Request for September 10, 2012, be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the request to present in closed session of Council from Saint John Development Corporation be referred to the Common Clerk to schedule. Question being taken, the motion was carried. 16. Adjournment 14 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 be adjourned. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the meeting of August 27, 2012 Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 10:25 p.m. Mayor Common Clerk 15 97- COMMON COUNCIL / CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'H6TEL DE VILLE, LE 27 AOUT 2012 A 19 H 20 Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, MacKenzie, Merrithew, Norton, Snook, Strowbridge et les conseilleres Fullerton, McAlary et Reardon -et - K. Forrest, commissaire aux services de developpement et de croissance /directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; W. Edwards, commissaire aux services de transport et d'environnement; M. King, sergent d'etat -major du Service de police; K. Clifford, chef du service d'incendie; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Ouverture de la seance, suivie de la priere Le maire Norton ouvre la seance et le reverend Edward Powell recite la priere d'ouverture. (Le conseiller Strowbridge quitte la seance.) 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 18 juillet 2012 Proposition de la conseillere McAlary Appuyee par la conseillere Reardon RESOLU que le proces- verbal de la seance du conseil communal tenue le 18 juillet 2012 soit approuve. A Tissue du vote, la proposition est adoptee. 2.2 Proces- verbal de la seance tenue le 23 juillet 2012 Proposition de la conseillbre McAlary Appuyee par la conseillbre Reardon RESOLU que le proces- verbal de la seance du conseil communal tenue le 23 juillet 2012 soit approuve. A Tissue du vote, la proposition est adoptee. 3. Adoption de I'ordre du jour Proposition de la conseillbre McAlary Appuyee par le conseiller Merrithew RESOLU que I'ordre du jour de la pr6sente seance soit approuve, moyennant I'ajout du point 13.3 Comit6 pl6nier: Preparation dun expose d'arbitrage et pr6sentation relativement a I'arbitrage d'un diff6rend entre The City of Saint John et la section locale 771 de I'Association internationale des pompiers. A Tissue du vote, la proposition est adoptee. (Le conseiller Strowbridge reintegre la seance.) 4. Divulgations de conflits d'interets Le maire Norton et la conseillbre Fullerton d6clarent titre en conflit d'interets avec le point 12.2 Suivi concernant le programme de subventions au patrimoine de 2012. Le conseiller Reardon declare titre en conflit d'int6rets avec le point 5.7 Servitude de 622808 N.B. Inc. — Donnant sur la rue Canterbury. 16 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 5. Questions soumises a I'approbation du conseil 5.1 Voir le point 14.1. 5.2 Que la lettre de la Ville de Quispamsis relative a la strategie de croissance regionale soit acceptee a titre informatif. 5.3 Que la lettre de la filiale de Carleton no 002 relative au redemenagement du cenotaphe au parc Tilley soit transmise au directeur general. 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -205: Servitude d'utilite publique proposee — 1381, promenade Bayside, le conseil communal approuve le plan presente relativement au lotissement de Accurate Concrete Sawing and Drilling Ltd., realisable en une ou plusieurs phases, en ce qui concerne 1'emprise proposee de service d'utilite publique. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -206: Accord d'echanges avec Service Nouveau - Brunswick, le conseil communal appuie la conclusion de 1'entente intervenue entre The City of Saint John et Service Nouveau - Brunswick /GeoNB sur la mise a jour du reseau routier du Nouveau - Brunswick, et que le maire et la greffiere communale signent 1'entente au nom de la Ville. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -210, Contrat no 2012 -27 relatif au calfeutrage des fissures pour 2012 soit accorde au soumissionnaire le moins - disant, 624091 Alberta Limited, societe exploitee comme R &N Maintenance, au prix offert de 76 614 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.7 Voir le point 14.2. 5.8 Voir le point 14.3. 5.9 Que le rapport soumis intitule M/C 2010 -216: Seance informative publique relative a la rue Somerset (de I'avenue Wellesley a la promenade Samuel Davis) — Installation des egouts pluviaux et travaux de refection de la rue soit accepte a titre informatif. Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew II est RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil — a 1'exclusion des points 5.1 Bureau des commissaires de police: Demande en vue de faire une presentation devant le conseil; 5.7 Servitude de 622808 N. B. Inc. — Donnant sur la rue Canterbury, et 5.8 Acquisition de bien -fonds relative au bassin versant de la propriete portant le NID 0428524 situee au 4361, chemin Loch Lomond, qui ont ete selectionnes aux fins de discussion, soit adoptee. A Tissue du vote, la proposition est adoptee. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 Semaine Shinerama et Jour Shinerama Le maire declare que la semaine du 3 au 7 septembre 2012 est la semaine Shinerama et que le 5 septembre 2012 est le jour Shinerama dans The City of Saint John. 7.2 Mois de Centraide Le maire declare que le mois de septembre 2012 est le mois de Centraide dans The City of Saint John. 8. Delegations et presentations 17 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 8.1 Vibrant Communities — Initiative visant le transport urbain Faisant reference a un rapport et a une presentation anterieurs, Sara Stashick et Barry Galloway, donnent un aperqu des conclusions de la recherche menee par Vibrant Communities Saint John relativement au transport en commun, puis repondent aux questions des membres du conseil. Proposition du conseiller Snook Appuyee par la conseillere Reardon RESOLU que le conseil suspende I'article 10.7 de son arrete procedural relativement a la conclusion des activites. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par la conseillere Reardon RESOLU que le point 8.1 Vibrant Communities — Initiative visant le transport urbain soit soumis aux deliberations budgetaires de 2013. A Tissue du vote, la proposition est adoptee. 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification de I'Arrete reglementant les taxis Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe 23(4), fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John », est lu integralement. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe 23(4), fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures- taxis et de I'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John ». 10.2 Projet de modification du plan municipal visant le 3795, chemin Loch Lomon, la place Abigail et I'avenue Eldersley Proposition du conseiller Farren Appuyee par la mairesse suppleante Rinehart RESOLU que le projet de modification du plan municipal visant le 3795, chemin Loch Lomond, la place Abigail et I'avenue Eldersley soit transmis au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au mardi 9 octobre 2012, a 19 h, dans la salle du conseil. in 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 A Tissue du vote, la proposition est adoptee. 11. Interventions des membres du conseil 11.1 Comite de candidatures Portail SharePoint (conseiller Norton) Proposition du conseiller Norton Appuyee par la conseillere Reardon RESOLU que le conseil communal charge la greffiere communale de lui presenter un compte rendu en ce qui a trait a la creation d'une solution electronique selon laquelle le comite des candidatures : (1) aurait un acces sur et pratique aux curriculum vitae des candidats. (2) pourrait consulter une liste detaillee des organismes, conseils et commissions, de leurs membres et de leur mandat respectifs. A ('issue du vote, la proposition est adoptee. 11.2 Etablissement du calendrier relatif aux reunions du conseil (mairesse suppleante Rinehart) ( presente le 13 aout 2012) Proposition du conseiller Farren Appuyee par la conseillere Reardon RESOLU que le point 11.2 Etablissement du calendrier relatif aux reunions du conseil soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere Reardon RESOLU que les dates des seances hebdomadaires du conseil communal soient fixees jusqu'a la fin de 2012 et que les seances a huis clos du comite plenier commencent a 16 h 30 et que les seances publiques ordinaires commencent a 18 h. A ('issue du vote, la proposition est adoptee. Le conseiller Strowbridge vote contre la proposition. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : La suite des politiques sur la gouvernance de ('information : la solution complete de la gestion de ('information Faisant reference a un rapport et a une presentation anterieurs, la greffiere communale et P. Anglin, gestionnaire des dossiers institutionnels, fournit des renseignements sur la suite des politiques en matiere de gouvernance, puis repond aux questions des membres du conseil. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que, comme le recommande la greffiere communale dans le rapport anterieur intitule La suite des politiques sur la gouvernance de ('information : la solution complete de gestion de 1'information, le conseil approuve la suite des politiques sur la gouvernance de ('information, soit : Politique relative a la gestion de ('information Politique concernant ('acces Politique de confidentialite Politique relative a la securite de ('information Politique relative a la videosurveillance A ('issue du vote, la proposition est adoptee. (Le maire Norton quitte la reunion et la mairesse suppleante assume la presidence a sa place.) (La conseillere Fullerton quitte la seance.) 19 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 12.2 Directeur general : Suivi concernant le programme de subventions au patrimoine de 2012 Proposition de la conseillere Reardon Appuyee par la conseillere McAlary RESOLU que la Politique de subventions du patrimoine soit etablie conformement a la politique et aux niveaux de financement indiques dans la correspondance entre le directeur general et le conseil communal, en date du 3 aout 2012, avec effet retroactif au 1erjanvier 2012 pour lesdites modifications, laquelle maintient les programmes de subvention relative au plan de conservation du patrimoine, de subvention de developpement du patrimoine et de subvention relative a 1'entretien du patrimoine. A Tissue du vote, la proposition est adoptee. (Le maire reintegre la seance et remplace la mairesse suppleante a titre de president de la reunion). (La conseillere Fullerton reintegre la seance.) 12.3 Directeur general : Soumission relative a la place Peel Faisant reference a un rapport depose anterieurement, M. Edwards fournit des renseignements generaux sur la soumission relative a la place Peel pour la partie du projet relative a la place publique, puis it repond aux questions. M. Edwards explique que le conseil a autorise que la soumission figure dans le rapport presente, ajoutant que la Ville disposait d'une soumission conforme qui respecte le montant prevu au budget de la Ville; it met le conseil en garde contre le risque pour la municipalite de ne pas attribuer le contrat. L'avocat municipal indique qu'il avait fourni des conseils juridiques au comite pienier lors d'une seance a huis clos lorsque les soumissions ont ete presentees et examinees. II recommande que le conseil se reunisse pour une seance a huis clos afin qu'il puisse fournir un avis juridique aux membres du conseil relativement a cette question. Le maire precise que la seance du conseil sera levee brievement pour tenir une seance a huffs clos aux fins de beneficier des conseils juridiques de I'avocat municipal. Le maire declare que la seance est levee a 21 h 20. La seance reprend a 21 h 25. En reponse a une question, M. Edwards indique que I'architecte- conseil de ce projet a produit une liste des meubles qui pourraient titre donnes par le public ou par le secteur prive, en faisant observer que cette liste sera rendue publique dans un proche avenir. Proposition du conseiller Snook Appuyee par la mairesse suppleante Rinehart RESOLU que les membres du conseil soient autorises a s'exprimer plus de deux fois sur une proposition sur le point 12.3 de I'ordre du jour. A ('issue du vote, la proposition est acceptee. La conseillere McAlary et le conseiller Merrithew votent contre la proposition. Proposition de la conseillere McAlary Appuyee par le conseiller Strowbridge RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -215: Soumission relative a la place Peel, le contrat n° 2012- 081802T relatif a la place publique soit accorde au soumissionnaire le moins - disant, Bird Construction Group, au prix offert de 1 797 000 $, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. Le conseiller Snook indique qu'il ne peut pas appuyer le montant du financement propose. 20 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 Le conseiller MacKenzie precise qu'il ne peut pas appuyer la proposition, faisant remarquer que les possibilites de benevolat devraient titre examinees davantage. La conseillere Fullerton indique qu'elle s'oppose au concept du parc de la place Peel et fait remarquer que la Ville ne peut pas se permettre d'aller de ('avant avec les travaux proposes. Le conseiller Farren indique que la Ville n'a pas les moyens d'aller de I'avant avec ce projet, faisant observer que la Ville devrait utiliser les fonds attribues par la province pour poser de la tourbe dans le secteur et s'appuyer sur les contributions publiques. A I'issue du vote, la proposition est adoptee. Les conseillers Farren, MacKenzie et Snook et la conseillere Fullerton votent contre la proposition. 13. Rapports deposes par les comites 13.1 Commission des transports de Saint John : Reponse a une resolution du conseil concernant les itineraires lucratifs Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le rapport intitule Reponse a une resolution du conseil concernant les itineraires lucratifs soit accepte a titre d'information. A I'issue du vote, la proposition est adoptee 13.3 Comite plenier : Preparation d'un expose d'arbitrage et presentation relativement a I'arbitrage d'un differend entre The City of Saint John et la section locale 771 de I'Association internationale des pompiers. Proposition de la conseillere McAlary Appuyee par la conseillere Reardon RESOLU que, comme le recommande le Comite plenier, s'etant reuni le 27 aout 2012, les services de M. John J. McIntyre soient retenus au taux horaire de quatre - vingts dollars, TVH en sus, pour preparer et presenter 1'expose d'arbitrage de The City of Saint John relativement a I'arbitrage d'un differend opposant The City of Saint John et la section locale 771 (Association internationale des pompiers) de I'Association des pompiers de Saint John. A ('issue du vote, la proposition est acceptee. Les conseillers Farren et MacKenzie et la conseillere Fullerton votent contre la proposition. 15. Correspondance generale 15.1 Lettre regue de I'association communautaire du lac Latimore et de la region avoisinante Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que la Iettre de I'association communautaire du lac Latimore et de la region avoisinante datee du 2 aout 2012 soit soumise aux deliberations budgetaires de 2013. A I'issue du vote, la proposition est adoptee. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Bureau des commissaires de police : Demande en vue de faire une presentation devant le conseil Proposition de la mairesse suppleante Rinehart Appuyee par le conseiller Norton RESOLU que la demande transmise par le Bureau des commissaires de la police de Saint John de se presenter au conseil communal soit adressee au Bureau des commissaires de police pour des precisions quant a la nature de la presentation. 21 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012 /LE 27 AOOT 2012 A I'issue du vote, la proposition est adopt6e. (La conseillbre Reardon quitte la s6ance.) 14.2 Servitude de 622808 N.B. Inc. — Dormant sur la rue Canterbury Proposition de la conseillbre McAlary Appuy6e par le conseiller Snook RESOLU que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2012 -211 : Servitude de 622808 N.B. Inc. — Donnant sur la rue Canterbury (propriete portant le NID 00304683) que : 1. The City of Saint John transfbre a 622808 N.B. Inc., pour la somme de 3 814 $ (TVH en sus), une servitude d'entreprise de service public sur approximativement 118 mbtres carr6s des terrains portant le NID 304683 et designes comme une « emprise de 3,66 m de largeur » sur un plan d6pos6 auprbs du bureau de 1'enregistrement pour le comt6 de Saint John sous le dossier no 1261; conform6ment aux conditions pr6vues dans la convention d'achat -vente soumise avec le rapport M/C 2012 - 211; 2. que le maire et la greffibre communale signent toute documentation requise. A I'issue du vote, la proposition est adopt6e. (La conseillbre Reardon r6int6gre la s6ance.) 14.3 Acquisition de bien -fonds relative au bassin versant de la propriete portant le NID 0428524 situee au 4361, chemin Loch Lomond Proposition de la conseillbre McAlary Appuy6e par la mairesse suppl6ante Rinehart RESOLU que le point 14.3 Acquisition de bien- fonds relative au bassin versant de la propriete portant le NID 0428524 situ6e au 4361, chemin Loch Lomond soit transmis au directeur g6n6ral pour obtenir plus de renseignements sur la question. A I'issue du vote, la proposition est adopt6e. Proposition de la conseillbre McAlary Appuy6e par le conseiller Norton RESOLU que la r6union se prolonge au -dela de 22 h, conform6ment aux dispositions de I'arret6 proc6dural. A I'issue du vote, la proposition est adopt6e. Le conseiller Snook vote contre la proposition. 11.3 Communiques de presse (conseillere Fullerton) Proposition de la conseillere Fullerton Appuy6e par le conseiller Merrithew RESOLU que le point 11.3 Communiques de presse soit soumis aux fins de discussion. A I'issue du vote, la proposition est adopt6e. La proposition de la conseillbre Fullerton, appuyee par le conseiller Snook, d'exiger que tous les communiqu6s de presse et documents de meme nature (sauf en cas d'urgence) soient transmis au maire et a tous les membres du conseil au moins une fois par jour avant d'etre transmis aux m6dias est retir6e. Proposition de la conseillbre McAlary Appuy6e par la conseillbre Reardon RESOLU que le point 11.3 Communiques de presse (conseillbre Fullerton) soit transmis au directeur general aux fins de pr6paration d'un rapport et d'une recommendation. A ('issue du vote, la proposition est acceptee. La conseillbre Fullerton et les conseillers Strowbridge et Snook votent contre la proposition. 22 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 11.4 Divulgation de poursuites en cours ou prevues par la Ville (conseillere Fullerton) Proposition de la conseillere Reardon Appuyee par la mairesse suppleante Rinehart RESOLU que le point 11.4 Divulgation de poursuites en cours ou prevues par la Ville soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. L'avocat municipal precise que le conseil doit autoriser une poursuite en cours intentee par la Ville. II explique que les reclamations deposees a 1'encontre de la Ville sont habituellement portees a I'attention du conseil, faisant observer que les reclamations qui relevent de la police d'assurance sont reglees selon les modalites enoncees dans la police en question. Proposition de la conseillere Fullerton Appuyee par le conseiller Snook RESOLU que toutes les poursuites en cours intentees par la Ville soient divulguees, de fagon detaillee, au maire et a tous les membres du conseil communal sur -le- champ, et que dorenavant, cette mesure soit prise dans chaque cas. A Tissue du vote, la proposition est adoptee. 11.5 Divulgation de poursuites intentees contre la Ville (conseillere Fullerton) Proposition de la conseillere Reardon Appuyee par la mairesse suppleante Rinehart RESOLU que le point 11.5 Divulgation de poursuites intentees contre la Ville (conseillere Fullerton) soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere Fullerton Appuyee par le conseiller Farren RESOLU que toutes les poursuites en cours intentees contre la Ville et toutes les autres poursuites contre celle -ci, dont la Ville a connaissance, soient divulguees, immediatement et de fagon detaillee, au maire et a tous les membres du conseil communal, et que dorenavant, cette mesure soit prise dans chaque cas. A Tissue du vote, la proposition est adoptee. 11.6 Autorite d'entamer une poursuite au nom de la Ville (conseillere Fullerton) Proposition de la conseillere Reardon Appuyee par la mairesse suppleante Rinehart RESOLU que le point 11.6 Autorite d'entamer une poursuite au nom de la Ville soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. La proposition de la conseillere Fullerton, appuyee par le conseiller Snook, de charger le personnel municipal d'expliquer au conseil qui a le pouvoir d'entamer une poursuite ou action en justice similaire au nom de la Ville et tout autre renseignement, est retiree par la proposeuse et l'appuyeur. L'avocat municipal indique que les seules poursuites intentees par la Ville qui n'exigeraient pas d'autorisation par le conseil portent sur des questions liees a 1'execution des arretes municipaux et it fait remarquer qu'il ne serait pas pratique d'informer le conseil de telles poursuites. 12.4 Directeur general : Contrat n °2012 -26 : Inspection electromagnetique d'une conduite d'eau principale de 900 mm de diametre — de la rue Forest aux Chutes reversibles 23 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 Proposition de la conseillere McAlary Appuyee par la conseillbre Reardon RESOLLI que le point 12.4 Directeurg6neral: Contrat no 2012-26: Inspection electromagnetique dune conduite d'eau principale de 900 mm de diametre — de la rue Forest aux Chutes r6versibles soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLLI que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -217: Contrat n'2012-26 : Inspection electromagnetique dune conduite d'eau principale de 900 mm de diametre — de la rue Forest aux Chutes r6versibles que le Contrat n'2012-26 : inspection electromagnetique d'une conduite d'eau principale de 900 mm de diametre — de la rue Forest aux Chutes r6versibles, soit accorde au soumissionnaire, Keel Construction Ltd., au prix offert de 359 509,50 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 12.5 Directeur general : Contrat no 2012 -24 : Lotissement Harbourview — Modernisation des abris de puits situes sur le croissant Seaward Proposition de la conseillbre McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que le point 12.5 Directeurg6neral: Contrat no 2012 -24 : Lotissement Harbourview — Modernisation des abris de puits situes sur le croissant Seaward soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLLI que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -219, Contrat no 2012 -24 : Lotissement Harbourview — Modernisation des abris de puits situes sur le croissant Seaward, soit accorde au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de 246 283,50 $, etabli a partir de quantites estimatives, et que le maire et la greffibre communale soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 12.6 Directeur general : Nomination d'un agent du patrimoine en vertu de la Loi sur la conservation du patrimoine Proposition de la conseillbre McAlary Appuyee par le conseiller Farren RESOLLI que le point 12.6 Directeurg6neral: Nomination dun agent du patrimoine en vertu de la Loi sur la conservation du patrimoine soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par la conseillbre McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -218: Nomination dun agent du patrimoine en vertu de la Loi sur la conservation du patrimoine, le Conseil communal nomme M"1e Sarah Herring agente du patrimoine pour The City of Saint John conformement a I'article 54 de la Loi sur la conservation du patrimoine du Nouveau - Brunswick. A Tissue du vote, la proposition est adoptee. 24 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 27, 2012/LE 27 AOUT 2012 12.7 Avocat municipal : Frais de tiers relatifs aux services juridiques Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que le point 12.7 Directeur general : Frais de tiers relatifs aux services juridiques soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que le rapport de I'avocat municipal intitule Frais de tiers relatifs aux services juridiques soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 13.2 Societe de developpement de Saint John : Demande de reunion le 10 septembre 2012 Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que le point 13.2 Societe de developpement de Saint John: Demande de reunion le 10 septembre 2012, soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere Reardon RESOLU que la demande soumise par la Societe de developpement de Saint John de se presenter devant le conseil en seance privee soit transmise a la greffiere communale pour qu'elle fixe une date de presentation. A ('issue du vote, la proposition est adoptee. 16. Levee de la seance Proposition de la conseillere McAlary Appuyee par le conseiller Norton RESOLU que la reunion du 27 aout 2012 soit levee. A ('issue du vote, la proposition est adoptee. Le maire declare que la seance est levee a 22 h 25. maire greffiere communale 25 Ch ;riy Dank m inc. 901 Foster ThuiMtosp, Fir. Ss!nt john, NP., —E 2K 3N9 F°hfinma f,506)6344 440 aoa► m"(100yb —ON.a ilia ai.net �:+�-ra�•.ch erryh:�nck:.u:'s,.ce:; VANISHED "KINICDCA1 FARK TIGER CLAM'S illIN1 VLQ' MUNICIPAL SPONSORS 15 'Via rket Squ&re PO Box 1971 Saint John, N? E2L JL1 70 Hampton Road Rothesay, , NB E2E 5L5 CORPORATE SPONSORS 9FART40 SFQATS Fe, Tai 10 •.•_82EJ -.� .. -: v- SPARTANSPORTS.0 A 1:8�istNred Ir;�of!�tr�r:ea Yin -Prot Crrrri17?`. a Or2a►lizodon 1977 His Worship the Mayor Mel Norton & Members of Common Council City of Saint John, PO Box 1971 Saint John, NB E21. 4V1 September 13, 2012 Dear Mayor Norton and Members of Common Council, For Cherry Brook Zoo, Council's decision on the enclosed budget submission not only affects the Zoo's status as a nationally Accredited Institution but also its very survival. Balancing such concerns is the fact that Saint John now sees some very large scale developments taking shape. This gives reason for optimism in terms of municipal economic development, population growth and the quality of life that will revitalize our city. We do realize the financial constraints the city faces and have worked to keep our budget to a more than reasonable request and hope that you can appreciate the efforts we have put in to reduce the deficit line. Cherry Brook Zoo can play a vital role in attracting residents to our city and adds valuable leisure, recreational, and educational assets. For several years now, the Zoo's development plans have been put on hold, delaying important upgrades as well as enlargement and rejuvenation of the facility. With your support of the requested financial deficit of operational funding from the City of Saint John it is an investment that will see the zoo moving forward on plans to bring new exhibits, new animal species and a variety of programs to our communities. The recent provincial report of the Non - Profit Task Force, spoke of the need to regard non -profit funding not as an expenditure but rather as an investment that pays dividends. The Zoo has proven to be a good investment. Municipal funding produced a 2 million dollar facility that is debt free. The enclosed budget request will support the Zoo's intent to move beyond survival mode to a position of true growth. This funding will allow the Zoo to expand in exciting directions by moving its financial efforts to attracting significant capital and program partners in the corporate and other government sectors. We will also reach out to the Town of Rothesay Council as well as Quispamsis Council, but feel that the City of Saint John must show leadership in its support of the Cherry Brook Zoo Inc. Indicating Council's support of such a move through approval of this budget submission would act as a catalyst in bringing the outlying communities to the table. During our reaccreditation inspection by the Canadian Associations of Zoos and Aquariums the first major concern listed is financial. As we head to the National Conference the end of September we must meet with the Accreditation Commission to address these concerns and hopefully we will be able to assure them that we feel our financial stability is secure. We would request the opportunity to present at a meeting of Common Council to elaborate on the budget rationale and future plans, and to answer any questions Council may have with respect to our vision of the Cherry Brook Zoo. Alice O'Neill, Chair Board of Trustees Cherry Brook Zoo Lynda Collrin, Director Zoo Development, Cherry Brook Zoo (volunteer unpaid) 26 Cherry Brook Zoo Inc. Summary Statement of Operating Revenues& Disbursements Budget Budget Budget Budgets Years: 2011, 2012, 2013, 2014, 2014 Budget - ----------- Budget - --Operating Y/E ---- --- Submitted Audited Submitted Forecast Forecast Forecast for 2011 2011 2012 2012 2013 2014 Revenues Gate Income/ Friends of the Zoo $152,000 $136,050 $ 150,000.00 $148,500 $148,500 $148,500 Donations (excluding bequests) $40,000 $61,180 $ 40,000.00 $50,000 $50,000 $50,000 Retail $4000 $28,539 $ 34,000.'00 $34,000 $34,000 $34,000 Canteen/ Parties/ Seminars $38,000 $13,944 $ 30,000.00 $1-4-,-0-00-- $14,000 $14,000 Spec. Event - Fund Raising $42,000 $48,231 45,000.00 $48,000 $48,000-1 $48,000 $13,500 $8,760 12,000.00 $10,000 $10,0001 $10'000 $320,500 $296,703 $ 311,000.00 $304,500 $304,500 $304,500 Subtotal revenue Disbursements $236,408 $ 224,500.00 $225,500 $225,500 $225,500 Wages/Employee Benefits $224,000 $2,600 $1,502 $ 2,500.00 $1,575 $1,575 Workers Comp. $1 S75 $8,300 $9,343 $ 8,300.00 ------ PropertyTaxes $10,035 $10,035 $10,035 Heat/Lights/Power 20 $5,100 ,, $5179 . ....... $1,230 , . 5 '500.00 $ 11500-00 ,856 $5 500 $1,000 $19,856 1 500 $1,000 $19,856 $5,500 $1,000 Telephone Services/Telecommunication Uniforms Animal Purchase Animal Care - medical $20,000 $10,000 $11,235 $5,614 $ 10,000.00 $ 7,000.00 $8,000 $7,000 $8000 t $7,000 $8,000 $7,000 Animal Feed Vehicle Costs (gas, repairs, ins) _ _ A --.- 1 $18,500 $15,000 $18,577 $16,782 $ 18,000.00 15,000.00. $19,000 d $15,0001 $19,000 $15,0001 $19,000 $15,000 Professional Memberships $3,600 $3,082 $ 3,600.00 $4,500 $4,500 $4,500 Training & Development ------------------- $6,000 k758 $ 5,000.00, $4,500 $4,500 $4,500 Repairs & Maintenance______ Miniature Golf $25,000 $2,500 $27,370 $ 28,500.00 $26,000 $26,000 $0 ---------- $26,000 Advertising & Promotion $15,000 $7,283 $ 8,000.00- $8,000 $8,000 $8,000 Bank Charges - all accounts $4,200 $5,154 $ 4,200.00 $4, $4,200 $4,200 Professional Fees $5,500 - $7,739 $ 6,000.00 7,500 $7,500 $7,500 Insurance (property & liability) $11,000 $9*,609' 11,000.-00- Office & Administration ............ $15,000 ......... $ 150000.00 $15,000 $15,000 $15,000 Miscellaneous $1000 $3,000 $ 1,000.00 $1,000 $1,000 . ..... - ---. $1,000 Fundraising/Special Events _ $8,0130 $13,484 $ 51000.00 $5,000 $5,0001 $5,000 $13,500 $6 ,SW $13,355 I $0 $ 10,000.06 $ $5,000 $0 - --$s,000l $0 $5,000 $0 Canteen/ Birthday/Seminars Equipment Retail purchases Truck *-Bank "Loan $15,000 5,550 $12,595 $ 15,000.00 1 $15,000 $15,000 $15,000. /interest $5,700 $ 5,550.00 $5,550 $5,550 Security (non equpment) $60185 $0 $0, $0 $0 Sub total disbursements $470,535 $461,233 $ 430,650.00 $424,716 $424,716 $424,716 Net Operational. ....... . $ (164,529) $ (119,650.00) 120,216 120,216 1- 216 20- City of Saint John Grant $60,000 Quispamsis _Donation -- . . Rothesay- Donation $11,000 , $----51000- Year End/ Deficit ($150,035) $ (88,529) $ (54,650) Bequests $29,000 $ (59,529,00) 27 Fiscal 2013 Budget Request Documentation Letter of Request Budget Summary Sheet Budget Rationale — [Pages 1 -7] 2011 Audited Statement Strategic Plan CAZA Documents Summer Student Letters 9/13/2012 m Cherry Brook Zoo 2012 Budget Rationale:. . BUDGET LINE NOTES Summary statement/totals for Revenue does not include: (a) Wage reimbursement amounts for summer students from Provincial/ Federal Programs (2012 = $36,400.). This is essentially a "money in/money out "item. (b) Dollar value of volunteers — approximately 5000 man hours are donated annually in support of zoo activities especially in positions related to revenue - generating special events, repairs and maintenance, catering and animal enrichment. Grants from the City of Saint John for 2011 and 2012 are placed at the bottom of the budget sheet to show impact on the net operational deficit. Similarly donations from the towns of Rothesay and Quispamsis are shown for the years granted. In the coming months, the Zoo Board will be undertaking a renewed revenue General flotations analysis with a focus on deficit reduction, rebuilding and sustainability. The intent is development of a new fundraising strategy with concentration on raising the levels of donations and initiating new, sustainable fund raising events. It is difficult to project how these initiatives will work in the current economy. Because new strategies will be in the developmental stages and ongoing in 2013, it is difficult to forecast any substantial increase in revenues at this time. As a result the operational budget submission does not reflect a major increase. Budgets for years 2013 — 2014 are based on the projected revenues and disbursements for 2012, plus or minus 2.5% and subject to adjustment due to funding from the City of Saint John, Rothesa , and Quis amsis. Final visitation numbers and gate revenue is expected to show an increase with better weather than the previous year. Like a majority of attractions and tourism operators in the province, especially outdoor venues, rain days can have a profound negative impact especially on weekends. Gate Revenue & Adequate advertising and directional signage to the zoo would have had a Visitation significant impact on gate revenue and visitation. We are not spending enough dollars for this line item and it does affect visitation numbers. We have received numerous complaints on the lack of directional signage to the zoo within the City of Saint John. Although the introduction of a City Transit Route to the Zoo has been welcomed, the increase in very fast moving traffic along the Sandy Point /Foster Thurston thoroughfare continues to pose a safety hazard for any who might attempt to cross that road and the inconsistent times of the bus (none on weekend ) does not assist in getting the public to our doors. 29 We feel that in order to capture the market we must find a viable solution to to bring traffic from the eastern portion of Rockwood Park to the zoo in the Northern section of the Park. With access on a regular basis from the loop road to the zoo we could increase traffic to the zoo of local visitors to the park as well as Cruise Ship passengers and all markets that utilize bus Continued.,. transit to the entrance of the park at Lily Lake. This is addressed in our Gate Revenue & Strategic Plan and will require capital monies. Visitation Website traffic for 2012 has shown an increase and social media such as Facebook, Twitter, BlogSpot, .Saint John Buzz, Vote For Saint, etc, have all brought higher visibility to the zoo. (c) YE 2011 audited figures indicate the amount for general donations (monthly sponsor amounts and other cash donations) was $61,180. of which some monies donated were restricted to cover costs to bring new animals and transportation costs of animals. This represents an increase over the previous year. Increased media coverage of Zoo related matters appears to have been a primary stimulus for the increase. A bequest of $29,000.00 was also received and due to the weather affecting all areas of revenues in 2011 the bequest was utilized to cover deficit. Donations In Kind — in kind for materials, services etc, equaled $10,000. Recognizing the often unpredictable nature of donations, and the growing competition in Greater Saint John for donation dollars, for the current fiscal Donations year a donation revenue line of $40,000 was submitted. We now anticipate that this will be surpassed and for year 2013, we feel it is reasonable to increase the prediction to $50,000 and feel the new fundraising initiatives might significantly impact this figure. Retail Sales Despite the bequest received in 2011 being utilized to cover deficit there was no increase in the Growth and Enhancement Fund. While this Fund is intended for capital expenditures, a Board resolution allows for its use when required to offset annual operational deficits. Unfortunately, this has been the case for the past decade — money intended to 'grow the Zoo' and replace aging structures has be used to 'keep the gates open'. In the past eight years approximately $560,000 has been taken from the Growth & Enhancement Fund for purposes of deficit reduction, an amount that would have been sufficient to build a much needed new primate house along with other plans in our Strategic Plan ...which would have had a significant impact on visitation numbers and hence revenue. While an increase in retail sales had been anticipated last year, the lower visitation numbers due to weather also negatively impacted this source of revenue by a drop of approximately 17 %. There is a direct link between visitation and sales. We hope to see growth in this year for this category, resulting in more than a 22% increase in revenue for this line. 30 i ne LUU ouaru nas umizeu au avenues in regara to the Regional raciuty commission a$ put forward by Mayor and Council in 2008 but feel'it is not feasible to continue efforts in this area. Financial support in 2011 from the City of Saint John combined with that from Rothesay and Quispamsis will serve to reduce the projected 2011 deficit by 55% or $76,000. In 2012 we received $60,000.00 from the City of Saint John (less taxes of $9,343.00), Rothesay Grant of $5,000.00 ($6,000.00 less than previous year) and Quispamsis $0.00 (5,000.00 less than previous year). The remaining shortfall will need to be covered by withdrawal from the Growth and Enhancement Fund placing it at a dangerously low level for any future deficit reduction let alone allowing for even a minimum of infrastructure upgrade. Such a low fund will negatively impact the Zoo application for re- accreditation by CAZA. The Zoo Board will be sending request for support to the City of Saint John, Quispamsis and Rothesay for 2013. We would like to reiterate that we have built and maintained a 2M debt free facility within the City of Saint John. We have not asked the city for any capital funding and know that with stable operational funding could successfully find funding for the capital projects in our strategic plan creating a truly unique facility that would increase in value and add to the quality of life, encourage people to live in our city, a tourism destination within the urban location and a conservation and educational center of excellence. 31 The Zoo forecast for year -end 2011 anticipates a dramatic drop, due mainly to drastic cuts in City bookings, from 30 seminars /meetings to 1 to date. Discussion with city staff over reasons for the decline indicate no dissatisfaction with the Zoo services but rather an overall decline in the city Seminars, seminar /meeting schedules. Canteen, & Parties While an increase in the number of birthday parties has had some minor mitigating effect on lost revenue, it is apparent that the Zoo will not be able to recoup this revenue in the current economic situation. In 2012 it was decided to replace canteen services with vending machines as a cost saving measure. This is also addressed in the Strategic Plan. The budget line for 2011 forecasts an increase in Y/E revenue for this category over the budget submission. This in part is due to the success of the first Safari Casino auction organized in partnership with Winterfest 2011. The Board is very cognizant of the challenges placed on local fundraising by Special the impact of much larger entities with great fundraising budgets. Because Event/Fundraising all draw "from the same pool' of generosity in Greater Saint John, the success of one may impact another. That being said, it is felt that the Zoo must become more aggressive and focused on annual fundraising, and begin structuring plans for a future capital campaign as well. This could significantly alter future budget forecasts. We hope to bring back the Ball Drop in cooperation with Jerry Connelly and the Rockwood Park Golf Course in the fall of 2013. i ne LUU ouaru nas umizeu au avenues in regara to the Regional raciuty commission a$ put forward by Mayor and Council in 2008 but feel'it is not feasible to continue efforts in this area. Financial support in 2011 from the City of Saint John combined with that from Rothesay and Quispamsis will serve to reduce the projected 2011 deficit by 55% or $76,000. In 2012 we received $60,000.00 from the City of Saint John (less taxes of $9,343.00), Rothesay Grant of $5,000.00 ($6,000.00 less than previous year) and Quispamsis $0.00 (5,000.00 less than previous year). The remaining shortfall will need to be covered by withdrawal from the Growth and Enhancement Fund placing it at a dangerously low level for any future deficit reduction let alone allowing for even a minimum of infrastructure upgrade. Such a low fund will negatively impact the Zoo application for re- accreditation by CAZA. The Zoo Board will be sending request for support to the City of Saint John, Quispamsis and Rothesay for 2013. We would like to reiterate that we have built and maintained a 2M debt free facility within the City of Saint John. We have not asked the city for any capital funding and know that with stable operational funding could successfully find funding for the capital projects in our strategic plan creating a truly unique facility that would increase in value and add to the quality of life, encourage people to live in our city, a tourism destination within the urban location and a conservation and educational center of excellence. 31 Cherry Brook Zoo 2012 Budget Rationale: BUDGET LINE NOTES This budget line reflects costs for full -time and part-time staff only and does not include those summer students whose wage costs are reimbursed. In order to make some reduction in costs for 2012, the decision was made to reduce the employee benefits plan by eliminating vision care. In addition, 2 Part Time Canteen position were not hired as Canteen was replaced with vending machines for a saving of $5,000.00 in wages. We also did not give additional hours to summer students for a savings of $6,000.00 in Wages, MERCs wages. This is reflected in the budgeted difference of $11,000.00 in wages. & Benefits The zoo staff continues to be at a minimum number of employees for safe operation and adequate care of the animals and to meet accreditation standards. Staff levels are far less than even a decade ago which is felt most strongly in the areas of maintenance and security personnel. Staff is paid at rates below industry standards and no overtime (which is often required) has ever been paid. The 2012 focus on new programs and fundraising will link any additional staffing costs to amounts to be generated and an increase in volunteer support where possible, Despite being in a deficit position the Board felt it essential to bring in animals to maintain the Zoo collection. At the same time, on the advice of its Directors, the Board supported a move toward making Cherry Brook Zoo an expanded breeding facility. It is felt these moves will lead the zoo to move forward as an attractive tourism /community asset in Greater Saint John. Animal Recognizing the financial restraints imposed by lower than expected Purchases revenues, the Directors worked tirelessly to obtain the maximum benefit from limited dollars. Through stringent negotiation, and trading on its excellent reputation with other Canadian Zoos, Chevy Brook Zoo has been able to acquire a significant number of animals, including transport, for $11,235. and these costs were covered by donations The animals that arrive in the late fall of 2011 include: 32 Breeding pair of Damara Zebras - SSP : Breeding pair of Nilgai (Blue Bull -- common to northern India and Pakistan) • Group of Mouflon Sheep, including breeding pair Female and male breeding pair black spider monkey - SSP 2 male Calimico monkeys as mates for our female April - SSP • The Calimico, Charlie, has been moved to another Zoo for breeding as part of the Species Survival Plan. Continued... 0 The Zoo's male Debraza who has been alone since his mate died over Animal a year ago will be moved to a Zoo that has a companion for him. Purchases . Although there was an offer to sell a breeding g pair of ruffed lemurs that might occupy this enclosure, the Zoo declined the offer due to financial restrictions at this time. • The acquisition budget for 2012 has been set at $10,000 as the need to replace aging stock continues while costs of acquisition and transportation increase. We have limited our potential purchases to a group of Wallaby if available. In 2013. The Board intends to launch a naming program for new animals that may stimulate larger donations or increase bequests. The 2011/2012 budget line for repairs and maintenance have been increased due mainly to the rising costs of replacing aging infrastructure, especially fencing. With a majority of items now past a 30 -year life -span, the need for repairs and replacements continues to grow. Such repairs are essential to maintaining accreditation It should be stressed that this figure does not represent any 'new" building" but merely attempting to maintain adequate operational facifities. Stabilized funding would allow the Zoo to increase this budget line which would do much Repairs & to enhance visitor experience and animal enrichment. Maintenance For 2012, the Zoo will come close to making its target for this budget line. This is due in large measure to the generosity of volunteers who have assisted with numerous projects. A major contribution was replacement of the reindeer enclosure through volunteer funding and contribution of skilled carpenters. Sealing of parking lots, contribution of many loads of gravel for pathways and equipment to do these repairs. The Main Entrance must have the roof replaced in 2012. Because 2012 is an accreditation year, the Board has increased budget line to address structural issues prior to inspection in July 2012. 33 Memberships Advertising & Promotion Cherry Brook Zoo continues to promote its operation through paid memberships in the following organizations (some prior memberships were not renewed in order to trim budget/ will join 2013) • Saint John Board of Trade • Kennebecasis Valley Chamber of Commerce • TiANB (Tourism Industry Association of New Brunswick) • Cruise Saint John — 2013 • Saint John Destination Marketing Professional Membership Fees paid at the national /international level include the following: • CAZA, Canadian Association of Zoos and Aquariums (National) • AZA, American Association of Zoo and Aquariums (USA) • WAZA, World Association of Zoos and Aquariums (Global) • NARG, Nutrition Advisory& Research Group (for Canadian zoological institutions) • IUCN, International Union for Conservation of Nature • IPPL, International Primate Protection League • ARKS, Animal Record Keeping System, (Global) • ZIMS, Zoological Information Management System, (Global) The audited figures for Y/E 2011 show a line reduction of 50% from the submitted budget. This cut was made to lower budget expenditures. Some savings were possible due to receiving the use of more cost - effective advertising. Unfortunately the advertising budget remains far below adequate. For example, the Zoo has not been able to afford to advertise in the provincial tourism guide for many years. An increased emphasis on "cruise advertising" for 2013 may prove valuable. A majority of cruise visitors to the Zoo find it through online travel review sites. It is hoped that renewed efforts to "connect„ with the cruise industry will prove effective. The Zoo is working to establish a form of transportation and programming, as noted in the Strategic Plan, that we hope will be a part of the Park Programming enticing the cruise visitors to the park and the zoo as well as other target markets. 34 Other The Cherry Brook Zoo gives out many passes to both the zoo and to the mini golf as well as product to support priority Community services. These are a few examples. • Family Plus —Free Admission Big Brothers / Big Sisters — Free Admission Children • Hestia House • Mental Health • Saint John Police Association • MADD • School Fundraisers — all districts • Port Days • Amazatorium • Many benefit auctions for individuals • Numerous other organizations fundraisers Summer Students We cannot leave out the importance of jobs for summer students and the significant role the Cherry Brook Zoo plays in providing hands on experience to many students in their career paths. Many are able to fulfill their prerequisites for entrance to select colleges. Others that wish to work in education or child care gain valuable knowledge. We have included some letters from our students. 35 C erry ]gook Zoo of Saint John Inc. Financial Statements December 31, 2011 36 W &haw &Associates Professional Corporation P.O. Box 519, Main Post Office Saint John, N.B_ E2L 3Z8 Telephone: (506) 849 -3956 Fax: (506) 849 -3966 June 28, 2012 Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc. I have audited the accompanying financial statements of Cherry Brook Zoo of Saint John Inc. which comprise the statement of financial position as at December 31, 2011, and the statements of revenue and expenditures, changes in net assets and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian generally accepted accounting principles, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards roguire that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend upon the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 1 believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified audit opinion. Basis for Qualified Opinion In common with many charitable organizations, the company derives part of its revenue from the general public in the form of donations and bequests, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, my verification of these revenues was limited to the amounts recorded in the records of the company and I was not able to determine whether any adjustments might be necessary to revenues, excess of revenue over expenses, and net assets. 37 Che;i ny Brook Zoo of S2. int Sohn, jac. Statement of Financial Position As at December 31, 2011 Assets Current assets Cash and term deposits (note 6) Accounts receivable Interest receivable Inventory Property, plant and equipment (note 5) Liabilities Current liabilities Cheques in circulation Accounts payable and accrued liabilities Current portion of long -term debt Interfund balance Long -term debt (note 6) Net assets 2011 2010 Operating Restricted Fund Funds Total Total 19,811 103,300 123,111 152,652 3,480 - 3,480 9,581 - 427 427 586 7,739 - 7,739 10.919 31,030 103,727 134,757 173,738 27,194 - 27,194 39,090 58,224 103,727 161,951 212,828 11,988 - 11,988 18,133 17,483 - 17,483 13,173 5,430 5,430 5,071 143,637 (1 43.637) - _ 178,538 (143,637) 34,901 36,377 1,416 - 1,416 6,846 179,954 (143,637) 36,317 . " 43,223 Restricted - 247,364 247,364 245,415 Unrestricted _ (121,730) - (121,730) (75,810) 121,730 247,364 125,634 169,605 58,224 103, 72 7 161,951 212,828_ Approved by the Board of Directors Director Wdshmv & Associates Frgfes.cional Corporation 38 Director Cherry Brook Zoo of Saint Jehir Inc. Statement of Revenue & Expenditures For the year ended December 31, 2011 Wilchaw &, kzsociates Professional Corporation 39 2011 2010 Operating Restricted Fund Funds Total Total $ $ $ $ Revenue Gate 118,741 - 118,741 128,440 Donations 100,181 - 100,181 56,471 Special events 48,231 48,231 43,775 Retail sales 28,538 - 28,538 32,554 Building rental and food services 8,738 - 8,738 17,819 Canteen revenue 13,944 13,944 13,117 Mini Golf 8,760 - 8,760 10,599 Friends of the Zoo 15,218 - 15,218 16,655 Grant - City of Saint John 60,000 60,000 60,000 Grant - Town of Quispamsis 5,000 5,000 5,000 Grant - Town of Rothesay 11,000 - 11,000 - Student Grant - Provincial Government 10,110 - 10,110 6,774 Student Grant - Federal Government 14,440 - 14,440 18,817 Student Grant - New Brunswick Aboriginal Peoples Council 9,856 9,856 8,960 Workability 1,993 - 1,993 5,971 Other income 2,050 - 2,050 987 Interest - 1,949 1,949 894 456,800 1,949 458,749 426,833 Expenditures Wages and benefits 272,807 - 272,807 271,099 Heat, light and power 19,856 19,856 19,126 Vehicles 16,782 - 16,782 15,248 Feed 18,577 - 18,577 15,727 Retail purchases 12,595 - 12,595 16,472 Mini Golf - - - 425 Insurance 9,609 - 9,609 9,608 Advertising and promotion 7,283 ../ - 7,283 10,071 Office expenses 22,378 - 22,378 21,666 Animal purchases 11,235, :' - 11,235 510 Bank charges and interest 5,154 ; , ' - 5,154 5,255 Interest on long -term debt 659 t . ` - 659 994 Dues and memberships 3,082 - 3,082 7,132 Special events 13,484 - 13,484 4,005 Animal care 5,614,1 . - 5,614 5,821 Professional fees 7,739 ; : 7,739 5,695 Repairs and maintenance 27,370 27,370 30,340 Property tax 9,343 ;' - 9,343 8,490 Telecommunications 5,179 :: ' 5,179 5,500 Travel and training 4,758 - 4,758 3,391 Canteen and seminar expenses 13,355 6,609 17,250 Miscellaneous 3,965 - 3,965 5,961 Building fixtures - - - 6,345 Amortization 11,896 - 11,896 9,870 502,720 - 502,720 496,001 Excess revenue (expenditures) for the year (45,920) 1,949 (43,971) (69,168) Wilchaw &, kzsociates Professional Corporation 39 Cherry Brook Zoo of Saint John Inc. Statement of Cash Flows For the year ended December 31, 2011 Cash provided by (used in) Operating activities Excess revenue (expenditures) for the year Item not affecting cash Amortization Changes in non -cash working capital balances Accounts receivable Interest receivable Inventory Accounts payable and accrued liabilities Investing activities Purchase of property, plant and equipment 11,896 - 11,896 9,870 (34,024) 1,949 (32,075) (59,298) 2011 2010 - 159 159 (402) 3,180 - 3,180 Operating Restricted Repayment of long term debt Fund Funds Total Total $ $ $ $ (45,920) 1,949 (43,971) (69,168) 11,896 - 11,896 9,870 (34,024) 1,949 (32,075) (59,298) 6,101 - 6,101 9,769 - 159 159 (402) 3,180 - 3,180 (1,416) 4,310 - 4,310 (544) (20,433) 2,108 (18,325) (51,891) - - (10,130) Wilsha-,v & Avsociate,� Professional Corporaticr. 40 _ - - - (10,130) Financing activities Repayment of long term debt (5,071) - (5,071) (4,736) Cheques in circulation (6,145) - (6,145) 18,13' ) Interfund loan 40,001 (40,001) - - 28,785 (40,001) (11,216) 13,397 Increase (decrease) in cash and terns deposits 8,352 (37,893) (29,541) (48,624) Cash and term deposits — Beginning ofyear 11,459 141,193 152,652 201,276 Cash and term deposits — End of year 19,811 103,300 123,111 152,652 Wilsha-,v & Avsociate,� Professional Corporaticr. 40 C lorry Brook Zoo of Faint John Inc. Notes to Financial Statements December 31, 2011 1 Going concern The accompanying financial statements have been prepared using Canadian generally accepted accounting principles applicable to a going concern. The use of such principles may not be applicable because the Zoo has operated at a deficit for a number of years and despite a renewal of an operating grant from the City of Saint John it has significantly depleted its internally restricted fund which was established in 2005 when the Zoo received bequests of $415,000. Management is currently taking steps to secure additional stable long term funding and is confident that it will be able to secure appropriate funding and to control operating costs and cash flows to enable it to continue as a going concern. Accordingly, these financial statements do not reflect adjustments to the carrying value of assets and liabilities, the reported revenues and expenses and balance sheet classifications used that would be necessary if the going concern assumption were not appropriate. 2 Purpose of organization The Cherry Brook Zoo of Saint John Inc. is a non -profit organization committed to maintaining accreditation standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of conservation, research, education and recreation. The Chevy Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not - for -profit organization. The organization is registered as a charitable organization under the Income Tax Act of Canada and, as such, is exempt from income taxes. 3 Significant accounting policies Fund accounting Revenues and expenses related to operations and zoological park and administrative activities are reported in the Operating Fund. The restricted fund was initially set up in 2005 when the Board of Trustees internally restricted $415,000 of bequests received during the year. These restricted funds have been designated as a contingency fund that may be used under certain circumstances for operational items as determined by the Board of Trustees_ Revenue recognition The organization follows the deferral method of accounting for contributions. Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Wilshuw & Associat .�s Professional Corporation 41 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2411 7 Change in Accounting Framework The Accounting Standards Board has given not - for - profit organizations the option to select from one of two available sets of accounting standards and to apply that set for annual statements relating to fiscal years beginning on or after January 1, 2012. The options are as follow: • Part I - International Financial Reporting Standards (IFRS) • Part I I l - Accounting Standards for Not- for -Profit Organizations The organization is currently evaluating the implications of the adoption of these new standards. Wilshaw & Associates Professional Co; poratio: i 42 ]I 4f qwpw'� -Ift-:w 9, TRA T- �GI-C PILAN geI e srig lo the Ff gifareaf 43 Cherry Brook Zoo Strategic Planning Committee November 2011 Strategic Pathway: Short and Long Term Planning for the Cherry Brook Zoo GOAL: To create a sustainable facility that encompasses the Mission Statement of the Cherry Brook Zoo - to maintain accreditation standards of the Canadian Association of Zoological Parks and Aquariums - to maintain the mandates of Conservation, Research, Education and Recreation The strategic pathway for this facility must include facilities that are themed for product packaging and marketability. The short term plans are prioritized be met in a 1 -2 year time frame; Mid Term Plans are set in a 2 -5 year time frame; the long range plan is scheduled for in a 5 -10 year time frame. Financial planning should include a more stable approach to the operational budget with not only expansion of animal related scenarios but revenue generating projects as a target goal. Rationale: The rationale behind this strategic plan should take into consideration the lack of large scale tourism incentives available to the City of Saint John and the Fundy Region. The focus on product packaging by the Economic Development Department of Provincial Tourism is an indicator of the pathway in which this strategic plan should be developed. The plan should be concise and give programming designed for marketability. The Cherry Brook Zoo is located in the perfect setting to become the number one tourist attraction in the southern region of the Province of New Brunswick. Tourism as an industry has been projected to have one of the highest potentials for bringing revenues into the region and the future goals of this facility should encompass this rationale. The Disney concept is based on strategic planning which should be incorporated into this strategic plan, not in the sense of amusement park facilities, but in the planning of themed and customer based attractions. By creating a community unto itself which will allow for a more stable financial budgeting process for the zoo by offering customers the whole experience as opposed to a partial experience. It is important that year round activities be instituted with special events on a monthly basis. The total package would in the future include activities broken down by season to encourage year round use of the facility. 2 .. 3 SHORT TERM 1 -2 Years 1. Primate Building To change over current Seminar and Meeting Room to Primate Building This building is an ideal core structure to convert to a primate structure with over 1500 sq. feet interior with ten foot ceilings to utilize as interior primate enclosure's and would allow year round viewing with central hallway and also allow interior working hallway with chute area on exterior walls. This would enable us to facilitate larger areas both interior and exterior and to expand our primate populations. The kitchen facilities could then be used for food preparation and there is storage area for food stuffs. Would like to see interior walls done in sprayed concrete to add texture and aesthetics and enable cleaning of the area to be undertaken. Outside areas would also be increased in size and allow more natural space. Draft designs will be made up in 2012 and a possible funder is on line. Short term 2 years Cost estimate $300,000.00 2. Food Services Throughout the years our food services have not been successful and after doing a market study it is found that the location is seen as the issue. The current Canteen and Seminar Room is daunting to the visiting public as well as the church kitchen making it impossible to do a menu that visitors expect. The relocation to outside the perimeter fence to a more accessible area is the consensus for a more viable operation. The current Commissary and Staff Rooms would be gutted and renovated into a properly functioning food service building and would still allow us to service seminars and birthday parties. A new menu would also add to the viability of the venture. Changing a large virtually unused building that was our Food Services to the new Primate House is the most cost effective plan. Cost Estimate for Food Services is about $50,000.00 3. Old Primate House The old primate building would be freed up and would be converted to house a different display with many concepts that have been put forward and a clear consensus not been decided on; some possibilities are — an aviary, a mixed mammal exhibit, housing sloths, reptiles and many other concepts have been put forward. Short Term 2 yrs. The costs to convert to any of these projects would be possible $45,000.00 45 4 4. Donkey Building A new donkey building will be constructed in the fall of 2012. Materials and labour are covered and this will be a standard building with concrete slab. Electrical is already in place. — $10,000.00 to be funded by volunteers/board 5. Construction of Junior Zookeeper Day Camp (to replace trailer) at area connected to out Discovery and Awareness Centre and Bat Cave as program grows with added programming and age groups. We hope to put in place programming for age groups 14 -16 years as there is a definite lack of summer programs for this age group. We have heard from many parents that their child wants to come back to our camps at this age. It would also allow us to prepare these youth to transition to our Volunteer Program at the age of 16, therefore ensuring new volunteer youth in this program. The cement foundation is already in place and it makes sense to utilize this area. Cost estimate $45,000.00 short term 2 year 6. Expansion of Animal Population It is our desire to expand our animal population to give better value for dollars spent by visiting public. That being said it is felt that our role in working within the conservation aspect means it is vital that we incorporate more Species Survival Programs to our facility. The addition of new animal species will breathe new life into our facility and the space utilized to work in conservation and education is our main objective. We have senior animals (lion and yaks) that will be replaced as needed with new species. Waiting for word from the Tiger SSP about another Siberian Tiger to replace the senior female that passed away this spring. Will be bringing in Wallaby species this fall defendant on availability. Mid Term 2 -5 years 7. Safari Cabins To build a complex outside the perimeter fence with 10 overnight cabins — design to have rustic cabin style with two bedrooms and all amenities including a barbecue and deck area. A central fire pit and a swimming pool would also be incorporated. A shelter, the Safari long house, would be constructed to facilitate board games, play area, etc. for inclement weather. Horse shoes, Bocchi Ball, Badminton Courts, fishing rods for the lake across from the camp would be made available to the guests as well. Entrance to the zoo would be included with their camp rental. Our target groups would be family and eco- tourism as they would have access to all that the M 5 2200 acre Rockwood Park has to offer. This would also bring revenue to the zoo as all profits would go directly to Cherry Brook Zoo Inc. for operational/capital budgets. The impact on tourism will greatly enhance the opportunity for Saint John to enter markets with the Safari Camp as a destination which will generate overnight stays in our city; this in conjunction with seasonal Night Safaris will result in extended overnight stays in the City of Saint John and the chance to keep visitors in the province. This opportunity to create a year round tourist destination in the province of New Brunswick will contribute to our overall tourism numbers. The location of this facility in the northern section of a 2200 acre park gives visitors the opportunity to utilize what is currently an under - utilized municipal park. With the construction and opening of The Safari Camp the park will be opened up to all who visit. Hiking and nature trails are a step away, fishing and swimming are also in close proximity. An 18 Hole Golf Course and Aquatic Driving Range are within walking distance. Horseback riding, hay rides and sleigh rides are also found within the park area. Cross country skiing and sliding are right next door. The possibilities are limitless and new avenues will be opened to the tourism operators found within the park and with each new opportunity comes the opportunity for employment for our citizens. The building of The Safari Camp will be a beginning of a new tourism destination and the infinite possibilities for job creation in our city and province. Mid Term 2 -5 years Cost estimate $300,000.00 8. Access to Loop Road It is imperative that a more convenient and accessible transportation between the Cherry Brook Zoo and the Loop Road on the east side of the park be devised to facilitate general public, cruise ship passengers that are in the park and the general bus service that goes to the entrance of Rockwood Park. Due to a large hill on ^the nature trail horse carts are not able to access this area. We are looking at various modes of transportation from a tractor pulling cars behind it to look like a train to and actual train itself, or a gas powered tram. This would not just be transportation but a guided tour of the natural area between the zoo and the loop road that would encompass many lakes of various sizes and the wetland inhabitants as well as our own natural wildlife that lives here and the geological formation of the park itself. There would be a fee charged that would cover costs as we see the increase in visitation as revenue generated for the zoo. Midterm 2 -5 years Cost estimate $75,000.00 47 b 9. Expansion of Vanished Kingdom The Vanished Kingdom Park has proven to be a valuable educational tool as well as a popular part of our zoo proper. It adds to our theme of Past, Present and Future. We would like to expand the area with animals from Canada and open a Canadian section to this site. This would incorporate the concept of think locally act globally to the forefront. An estimated minimum of 10 display areas would be required to make it viable. Midterm 2 -5 years Cost estimate 125,000.00 Long Term 5 -10 years 10. Working Farm We have given much thought to this addition which is a move away from working with exotic species. With the loss of the small family farm and urbanization taking over, the concept of a small working farm where city youth could encounter a hands on experience of interacting with farm animals and working on a small scale will allow us to operate under the organic farm ideals. To work to involve all of the surrounding communities we would incorporate a community garden and also grow our own vegetables and fruit (suitable in this areas climate) to give ownership to the urban dwellers. An urban farm will be something unique in our area and will again allow us to do hands on educational programs. The details are to be worked out but we feel that dairy cows are a must so that young people who have never milked a cow can be given this opportunity. Free run chickens, pigs, sheep and goats will also be incorporated. At this time this is in the conceptual stages and details are still to be worked out. .• Marketing: Target markets must be clearly identified and avenues of marketing should be identified. Adequate budget must be available to reach the local and tourism markets. The marketing of the zoo falls into three categories: a) the tourism market/ eco- tourism and families /cruise ships/ b) the local market c) other markets Social Media Social media is a growing sector and is one of the ideal opportunities to not only promote the Cherry Brook Zoo and all it offers but gives us the chance to highlight our animal species and Species in Crisis. As of now in 2012 we have a web page, the Cherry Brook Zoo Face Book Page, our blog which appears on blogspot.com and is automatically sent to our web site, we are now on Twitter and there is a column on the site of TrinityToday.ca that is updated on a constant basis. We hope in the near future to install web cameras that will instantly send images to the web so that we can obtain a larger global reach. These cameras will have their own IP address and will be portable and wireless so that we can have cameras outside and inside with night vision and robotic movement set on the schedule we choose. Tourism Market: The tourism market is the primary market for promotion. The highway signs were a priority and have been in place since 2000. The provincial tourism guide is also an effective tool to attract this sector. Multi Day Adventure programming will be aimed at the tourism market once the Safari Camps are operational. The Provincial Day Adventures will be assessed on a yearly basis and once the long term strategic plan is in place product packages for multi day adventures can be put in place as our target markets expand. Local Market: The highway signs serve as a marketing tool for the local market as a constant reminder that the Cherry Brook Zoo exists and is open. Increase in visitation for 99 8 local market should result. The Day Adventure Guide is available in local markets as well and again increase in the zoos visitations will result. Programming for local markets are identified for the 2013 year. Junior Zookeeper Day Camp is a successful program which is targeted at the local market.This week long day camp will be advertised through the Kid's Directory as well as signage in the zoo itself. Small ads placed in the Saturday morning paper will also reach our identified markets. The camps are also promoted in all areas of social media. PSA's will also be utilized for this program. We have received requests that this program be expanded to incorporate a new section for children ages 14 to 16 and this will be looked at for 2013. Birthday Parties are targeted at the local market. This package has not been advertised to date, only through word of mouth and brochures available at the zoo, and all social media that we utilize; this area has shown asuccessful growth potential. Our Halloween Haunted Zoo has gained in popularity each year and advertisement for this is done on social media, print, and radio. Other Markets: Schools and Groups: This has been identified as another growth potential market. Direct marketing will be the main target, with identification of each market segment and direct approach implemented. The Traveling Touch Table is a product package and aggressive marketing to the target group should be implemented in the fall and winter of 2012 and early spring of 2013 and in the future we will identify animal species that can accompany the presenters for added value. Strategic Marketing: The identified sectors of Tourism, Local, and Other markets will require expanded and identified marketing targets. The tourism sector would continue to utilize the highway signs and the Provincial Tourism Guides. The markets would expand from day adventures to multi day adventures and inclusion in the Winter Gold promotion by Provincial Tourism. Aggressive marketing would include Tour Planners and Bus Groups, Convention Planners, and Travel Planners. All these groups would be identified by Provincial Tw.rism and City of Saint John Convention Planners. In summary The Cherry Brook Zoo must look to the future with plans that are insightful and allow for programming. As the zoo itself is dependent on weather conditions we must generate visitation even when the weather is not agreeable. By 50 developing the overall facility as a destination with programming, overnight stays, special events and year round activities the zoo will be better equipped to sustain itself in the future. The vision of a community in itself will allow us the needed revenues to continue with the work of conservation, research and education. This is a means to an end. By coordinating a facility that can offer year round accommodations and activities we will not only benefit from this but the City of Saint John and the Province of New Brunswick will see the benefits of destination packaging to both local and tourism sectors alike. We will have created a unique facility, one that will draw tourists to our area and hopefully keep them in our city and province thereby creating spin off benefits to all concerned. One should also note that strategic planning is a pathway to the future and must be flexible in order to change with the times. This strategic plan is meant to bring the Cherry Brook Zoo into the new millennium and should be used as a planning tool. Each phase will more than likely be subject to change based on timing, funding and the current needs of the facility, but should give us a goal oriented approach to attainable development. SUCCESSION PLAN: Succession Plan- this has been discussed at Board level and it was agreed that this would be a gradual process. Within the next year we will begin the process of bringing another party to live on site. After this is done we will be able to access and train over a two year period and then current Directors will move off site but maintain part time status and then consulting stage until all are assured that the transition is complete. 9 51 CAZA(,,Xv AZA( CANADIAN ASSOCIATION ASSOCIATION UES 2QA: OF 2005 AND AQUARIUMS /iTj.JD AQUARIUMS DU CANA EMT INTERVIEW Iterns of Concern Noted by Visiting Committee INSTITUTION DIRECTOR: IMPORTANT* The items listed below were of noted concern during the inspection. Please address as many of these concerns as possible prior to the Commission's meeting. Status reports and completion schedules are expected for items that cannot be finished by the time of the hearing. It is possible that, after reviewing all supporting materials (including the Visiting Committee's written report), the Commission may have issues or concerns to be addressed during the meeting that are not included below. [NOTE: all items must be addressed, regardless of whether they are designated as "Major" or "Lesser".] A written report to the Commission on how you are responding to these concerns must be submitted by the established deadline. The written report is for informational purposes only. At the hearing, the Commission will ask for a verbal update on additional progress made after the written report was submitted. Points of Achievement Noted by the Visiting Committee INSTITUTION DIRECTOR: During the inspection the Visiting Committee was particularly impressed with the items listed below. 9 Positive and proactive attitude of new Board of Trustees regarding all zoo activities (present and future). 2 High level of attachment of all staff (keepers, volunteers, management, trustees) to the facility is exceptional. 3 Mrs O'Neil is to congratulated for the excellent work with the education - volunteer programs. Areas of Concern Noted by the Visiting Committee MAJOR CONCERNS 1 Financial status continues to be of concern. Attitude of Board of Trustees is however very proactive at looking at different possible funding sources. 2 Visitor presentation in barn needs to be improved: lack of adequate lighting, signage, access to hay loft. 3 K -280. rrue Met -,1fe St Ott:av :a 0ntan,.--. Cana.:Ia k2P 1 R7 -00,99 e 6 `3 -'?13 -543€ wv4w_caza- azac.ca info@caza.ca Inspection Support Materials GAZA �AZ�1C W ASfOC1AT1Ox "^�./ yp�y grygyy0pf� September, 2011 Page 3 of LESSER CONCERNS 1 Succession of management of facility. 2 General upgrade of entire commissary area: changing area, shower, toilet area. 3 Staff participation in professional development (conferences, courses, work exchanges) 53 CHERRY BROOK ZOO INC. VISITING COMMITTEE EXIT INTERVIEW CAZA Inspectors: ROBERT PATENAUDE CHANTAL ROUTHIER MAJOR CONCERNS 1. Finances —there is never guarantee of funding in the present economy. The Cherry Brook Zoo has been in business since 1974 and has always operated within the restrictions of no guarantees. We have a new and active Board of Trustees; our Volunteers are dedicated and consistently put in approximately 5000 hours in 2010 and 2011 and will in all reality do the same this year. We have a new Mayor and Council which we feel will be supportive of the zoo and outlying communities have also come on board with funding. Our donors are on the increase and we are currently working on new corporate funding as well as major fundraising events. For us this is business as usual and because of our structure we are able to make changes on the fly to accommodate both capital and operational budgets. 2. Barn —After the inspection team left the next day all Board of Trustees members met with Len and Lynda Collrin to discuss all aspects of the exit interview. Maintenance and staff were also brought in to discuss problem areas in barn. As you will see from the pictures we rectified all concerns. A lock was immediately placed on the hay loft door; all lights were upgraded; the double wire was removed and replaced with single wire painted flat black; interior walls were painted a Llama white with black hardware to create a brighter and cleaner appearance. The stall walls were also lowered to afford children a better viewing area and crushed rock was added to the central hallway. Signage was placed on all areas holding animal species. Lessor Concerns 1. Succession Plan- this has been discussed at Board level and it was agreed that this would be a gradual process. Within the next year we will begin the process of bringing another party to live on site. After this is done we will be able to access and train over a two year period and then current Directors will move off site but maintain part time status and then consulting stage until all are assured that the transition is complete. 2. Commissary- after meeting with the maintenance and staff it was agreed that separate areas had to be set up, so that food preparation, office, lunch room and tool room became clear and distinct. Two outside carpenters were brought in to address the washroom and the kitchen cupboards. This took three days to install new countertops, taps, and shelving and have rearrange food storage in one area. Repairs were made to the bathtub, crack filling and caulking and the bathroom was painted. The main room was divided in half so that office computer and books are kept in one area and this opened the room up for the lunch area. All boots and clothes were relocated to the locker room. A sliding door was placed between the lunch room and the workshop which was rearranged and organized. It is now September and all summer staff are gone. Remaining staff were advised by Board and Directors to keep these areas clean. A notice to this effect was posted in plain sight and signed by the Chairman and Directors. 1 54 3. Staff — it was discussed with the inspection committee, as much as we would like to afford to do more we have assisted in the past with staff attending the Reptile Symposium in Toronto and sending one to Winnipeg to experience the Winnipeg Zoo. We have also sent staff to Wildlife Rehabilitation Conferences in New Brunswick. All staff just recently completed the ZIMS Training Program for certification. The staff has also acknowledged that with access to the internet they have many opportunities to not only keep up but to join various groups and take an active part in continuing their own pursuits in the profession. Visiting Committee Evaluation Form We feel that the Visiting Committee covered all aspects in a professional manner and represented CAZA in a proficient manner. They met with all staff, some volunteers and the Board of Trustees. As we all know the process can be stressful but the inspection team asked questions and took the time to listen to everyone. We met with the team for the exit interview and went over both the positive and negative portions and discussed all areas. We would like to thank the inspection team for their time and in realizing how important it was to our Board of Trustees, the staff and volunteers to be made to feel a part of this process. It was important to us that everyone was included and by being a part of your evaluation you not only motivated them but helped us in reinforcing how important our national association CAZA is. Will fax forms to you 55 2 To whom it may concern, This summer I was hired at the Cherry Brooke Zoo as a night keeper working 1 until 9pm. During my time here I have learned about animal behavior, animal training, and individual diets of different species. I have also learned about how to handle individual animals; adjusting my behavior to their temperaments and habits for my safety and theirs. These experiences are extremely valuable along with my study of Biology in university. My duties at the zoo consisted of different tasks to improve the zoo such as cleaning the animal enclosures of such things as debris from fallen trees or branches, animal droppings, building small shelters, feed troths, etc. Other projects would include painting of the barn (holding the porcupines, fox and agoutis), loading and unloading of hay, cleaning and organizing the fridge that holds the produce for certain animals. Lawn mowing was done every week around buildings and enclosures. Nighttime duties included preparation of food for monkeys. This task included portion control of individual diets to ensure they received the proper nutrients and protein along with any adjustments that were needed. The end of my shift included a round to all of the enclosures to make sure the locks were secure and all the buildings were locked up_ Working with the public is also something that is included at the Cherry Brook Zoo because of the many birthday parties and groups that visit. Educating the public that pass through the zoo was something that I was able to take advantage of and something I am passionate about. I have a deeper understanding of the animals and the importance of preserving and saving endangered species from working at the zoo and jumped at every opportunity to share that knowledge with the public. There were many opportunities to help with animal enrichment; brushing the donkeys and miniature horses and walking the llamas so the public would get a chance to visit them were among the daily activities. I have enjoyed my experience at the Cherry Brook Zoo this summer immensely. Working to save the animal kingdom is a passion of mine and this was the perfect opportunity to have hands of experience. The staff were very helpful and supportive in my search for knowledge of the animals. They trained me and ensured the safety of myself and the animals were kept. I have benefited from this program a great deal and know this was a very important stepping stone in my future in animal care. I will continue to volunteer here throughout the year to help the dedicated staff and directors to ensure its growth and success. Sincerely Martha Frank 56 To whom it may concern, August 2012 This summer I was given the opportunity of employment at the Cherry Brook Zoo working as a zookeeper. This was my fourth summer working at the zoo. I consider this summer a successful learning experience as I was able to develop skills that other employment opportunities do not offer. I know that the learning experiences I have been privileged with this summer will serve me well in the future as I am about to graduate from the University of New Brunswick with a degree in Marine Biology. My regular task varied on a daily basis because I worked both day and night shifts. During my day shifts, my regular tasks included cleaning out the animal's pens, feeding, watering and seeing to that the animals I was assigned that day were happy and healthy. During my evening shifts, my regular tasks were to make sure that the animals had everything they needed before settling for the night including food, water and sometimes enrichment items to ensure they were stimulated and happy in the long evening hours. Other evening tasks included preparing fruit and vegetables for the primates, feeding them and finally locking the zoo. Outside of daily tasks I was able to take on special projects such as developing a target training program for the resident male zebra. This task requires patience and knowledge of animal behavior and although it could be frustrating at times, it was very rewarding. I was also able to develop leadership and public speaking skills as I often interacted with the public through programs such as `Meet the Keeper' which I was responsible for. I was able to communicate my knowledge of the animals to an audience of eager listeners wanted to know more about the zoo's residents. I was also able to help the zoo prepare for a visit from a team from the Canadian Association of Zoos and Aquariums (CAZA). I was able to assists in minor fence and building repairs. Also, I was able to complete the work of volunteers in opening a new display in the zoo's Awareness Center called the `Bat Cave'. Finally, I was able to interact with the zoo's day camp on a daily basis. I would answer the children's many questions, hold workshops and showed them a variety of animals such as quail, rabbits, guinea pigs and llamas. I was also able to assists in a few veterinary procedures including the castration of a male mouflon sheep. Overall, I would consider my internship at the zoo a major success as I was able to develop a variety of unique skills. As usual, the staff was welcoming and taught me a lot. I am grateful for the opportunity of working with the animals, reaching out to the public and interacting with the dynamic staff here at the Cherry Brook Zoo. Nadine A. Richard 57 To Whom It May Concern, This past summer I had the special opportunity to spend my time at the Cherry Brook Zoo, working as a summer camp counsellor. Each week I was responsible for planning the children's daily activities which included games, crafts, challenges, animal interactions, and animal education. I was also responsible for any first aid care needed for the children, cleaning up the camp facility, and supply shopping. Being an animal lover myself, this camp has shown me how important the zoo is to our community and the children. I personally would have loved to come to such a unique day camp experience when I was younger. The camp provides the children with knowledge of animal behavior, how to respect and understand wild animals, as well as how poaching is lethal to many endangered animal's existence. I also enjoy the education provided through the Vanished Kingdom which visually teaches the children how we, as humans, have eliminated many magnificent animals. Working alongside the other camp counsellors and zoo keepers was another highlight of my summer. Everyone was very welcoming, helping, and wonderful. Each person brought a different personality to the group which created a very educational, upbeat, and outgoing environment for everyone that visited the zoo. By having so many different personalities it was easy for each child to feel comfortable and open up to those they felt most secure with. Overall this summer experience was a personal best for me. The Cherry Brook is truly a special place and I hope it will always be around, not only for the children but for entire families to enjoy. I hope to come back next year to continue educating and being part of an unforgettable experience for the community's children. Sincerely, Amber Hachey { Cherry Brook Zoo — CSJ Letter 2012 To Whom It May Concern: August 28, 2012 My name is Chantal Skjonsberg and I was employed by Cherry Brook Zoo from June 25 — August 31, 2012 for the position of student zookeeper. This is my second summer working here; last year my position was gatekeepe r/zoo keeper. I was assigned the day - keeper shift, meaning that my duties began in the morning and finished in the afternoon. it was my responsibility to feed and water a select group of animals, clean their enclosures, and monitor them for any medical or behavioural issues. In the afternoon I was able to assist with animal enrichment and special projects. Examples of animal enrichment include filling the pool in the tiger enclosure, taking the donkeys for walks through the zoo, harnessing the miniature horses and driving them through the zoo, etc. Many of the special projects for this summer were related to improving buildings in preparation of an evaluation by the Canadian Association of Zoos and Aquariums (CAZA). Miscellaneous duties included interacting with zoo -camp children, answering their questions, introducing them to animals, and teaching them proper behaviour around animals. While working in the zoo, I would often have to answer questions from visitors about the. animals and the zoo itself. Through completing my duties and responsibilities, Cherry Brook Zoo has given me a large set of educational opportunities relative to my career goals. I am attending school to hopefully become a veterinarian at a zoo. I have gained some very important skills in animal care, which will certainly help in my chosen field. I have also gained more public relations skills through answering questions and explaining concepts, which I can apply in the future when speaking with clients. Overall I had a very positive experience working at the Cherry Brook Zoo. I have learned a lot, worked with great people, and had an opportunity to work with exotic animals. I would recommend this summer job to any student who is interested in working with animals. C antal Skjonsberg i 59 4 ` , 1 t- "2(_i � � - I'm Jennifer Hutchison and this summer I had the pleasure of working at the Cherry Brook Zoo as a summer day camp counsellor. It was a great experience that brought about a huge amount fun and friendship. Not only did I get the opportunity to work with great kids but also with exotic and endangered animals that I never would have seen or learned so much about at any other place. The kids learned hands on how to be a zoo keepers and I learned right along with them. The staff at the zoo made this summer job one of the best I've had, they were all friendly, welcoming and willing to pitch in whenever to help make zoo camp even better for the kids. The kids that attended zoo camp were all real animal lovers, so along with playing games like capture the flag and ghosts in the grave yard we got to learn about things like poaching, animal extinction, protecting and preserving and we even got see a touch table of all things zoo animal. The race around the zoo answering the facts about each animal as they go was a big hit that kept them listening and learning. People tell me that the Cherry Brook Zoo day camp is rated the highest in the city and after seeing the camp unfold all summer I have grown to believe that to be true. Most camps have to go on field trips once a summer to see exciting attractions like the zoo, but in this camp we were right in the middle of the action all day, always around to see different things like monkey enrichment. got to accomplish many firsts this year like catching my first frog, holding my first snake and getting a hole in one in mini golf. Overall the summer at zoo camp was a great one, though I may have given more piggy backs then my back can handle, the staff, the animals and the kids made it one of my best summers so far. The Cherry Brook Zoo is and incredible addition to our community and until this summer I didn't realise how lucky our city is to have a zoo around us especially with such great people keeping it going. •1 September 2012 To whom it may concern, This summer I had the pleasure of working at the Cherry Brook Zoo. I was employed from July 2nd, 2012 to September 2nd, 2012. Originally I was hired to split my time between two positions (working at the front gate and as a camp counsellor) but I had fallen down my stairs and broke my foot before my first shift, which made working as a counsellor outside and with children too difficult of a task. Therefore, I worked at the front gate for the summer. There were multiple tasks involved with working at the front gate. I attended to customers by ringing them in, explaining some of our main attractions at the zoo, giving them directions, and answering any questions they had. I also answered phone calls, booked birthday parties, stocked the store, and was responsible for keeping the store and back office area neat and tidy. Our office manager was out on vacation for the majority of August, so during that time I was responsible for certain tasks involved with our zoo camp (checking emails, registering children, taking deposits, writing receipts, etc). This job has enabled me to greatly improve my level of customer service, and to learn about one of my hometown's main attractions. To be able to properly answer customer's questions, I had to be knowledgeable about the products in the store at the front gate, the animals and the different attractions the zoo has (such as the vanished kingdom, the medicine wheel and the awareness center). Working at the Cherry Brook Zoo this summer has been nothing short of a great and rewarding experience. Being an animal lover, it was a pleasure to learn about the animals the zoo has and view them on a daily basis during my breaks. I was also able to interact with the zoo keepers and through them learned a lot of facts about the animals and their behaviors. However, the people at the zoo, both the customers and staff, were what made the experience all the more special. I was able to interact with locals from Saint John as well as people as far away as England and Japan. I always loved to talk to these people and hear about the great experience they had at our facility. The people who worked at the zoo were wonderful as well. They were all friendly, helpful and hard workers. You could tell that they were passionate about their jobs, the animals, and the wellbeing of the zoo in general. They were what made this job the best and most memorable one I have had yet. Sincerely, Sarah Comeau 61 S. Z REPORT TO COMMON COUNCIL M &C- 2012 -235 September 10, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Plan SJ — Cengage Learning Inc/Nelson Education Ltd. Request for Permission INTRODUCTION: The City of Saint John has received a request from Nelson Education Limited to profile the cover of PlanSJ in Planning Canadian Communities, one of the pre- eminent university -level urban planning textbooks in Canada. This is a significant honour for the City and our community as it is another national acknowledgment of our award winning new municipal plan. City of Saint john The publisher is requesting that the appropriate representatives from the City sign the attached Request for Permission. The document has been reviewed by the City Solicitor's Office and no concerns have been identified. RECOMMENDATION: It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached Cengage Learning Inc./Nelson Education Ltd. Request for Permission dated 10 September 2012 authorizing the use of the P1anSJ Cover in the textbook Planning Canadian Communities. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner of Growth and Development Services atrick Woods, C.G.A. City Manager 62 CENGAGE NELSON aouoATion Learning- _ 11 September 2012 City of Saint John plan ning @saintjohn.ca Cengage Learning, Inc. /Nelson Education Ltd. Request for Permission Permission is requested to use the Material (defined below) in the following project (the "Work ") for Cengage Learning /Nelson Education, or one of their respective subsidiaries, divisions or affiliates (collectively, "Cengage /Nelson "). Imprint: Nelson Title: Planning Canadian Communities Edition: 6 Author(s): HODGE /GORDO Est. Pub Date: 03/15/2013 ISBN: 9780176509828 (0176509828) Print Run: 6660 Unit Price: $72.76 Distribution Rights Requested: The worldwide non - exclusive right to publish, reproduce, distribute, publicly display and /or license the Material in this and future editions and versions of the Work, derivative works based thereon (including translations and adaptations), related ancillaries and supplements, and in promotional materials, in all print, digital, wireless and /or electronic format. Additional rights requested: To provide, without charge, copies of all Cengage /Nelson Work in which the Material appears as needed to comply with any Cengage /Nelson accessibility policies to benefit the impaired or disabled. We are requesting permission to use the following material(s): Photo of Cover of City of Saint John Municipal Plan We will require a high resolution file at 300dpi; please email it to me? This permission in no way restricts any publication of the Material in any form by you or by others authorized by you. A standard credit line will be used unless you specify otherwise. If you do not control the rights to the Material, or are not the sole grantor, would you please advise as to where else to write. Specifically we require rights as follows: DISTRIBUTION: World LANGUAGE RIGHTS: English MEDIA RIGHTS: Print, Online, CD /DVD PRODUCTS: Student Book and All Related Product Family Components PRINT RUN: 6,660 (BREAKDOWN: 5,460 student book; 1,200 all other product family components) Please sign below and return this form to the address set forth below at your earliest convenience. Remember to make a copy of the signed request for your files if you need one. Please return signed form to: Natalie Barrington, on behalf of Cengage Learning, Inc. /Nelson Education Ltd. 67 - 141 Galloway Road, Toronto, ON M 1 E 4X4 Phone /fax: (416) 287 -3797 Email: natbarresearchCa�,g mail. com TO BE SIGNED BY Person Granting Permission: Cengage /Nelson Project: 9780176509828 (0176509828) HODGE /GORDON /Planning Canadian Communities 63 Page 2 of 2 CENGAGE Learning- NELSON eoucwrioH I hereby represent and warrant that I have the right to grant permission to use the material specified above without violation of third party rights, or am a duly authorized agent of the author /copyright owner, and if I do not control all rights in their entirety, I have indicated so. I hereby grant to Cengage /Nelson, its licensees, assigns, and affiliates, the right to use the material in all the ways noted above. I also warrant that I am 18 years of age (or have obtained the signature of my parent or guardian if I am under the age of 18). Gratis: [ ] Yes [ ] No Fee (if required): May the Material be used in other Cengage /Nelson projects not related to the Work? [] Yes []No Name: Signature: Address: Email: Phone: SIN /GST Id: Cengage /Nelson Project: 9780176509828 (0176509828) HODGE /GORDON /Planning Canadian Communities Z Date: Page 2 of 2 REPORT TO COMMON COUNCIL M &C2012 -238 September 12, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Contract 2011 -33: Milford Road — Sanitary Lift Station #32 & Force Main Installation PURPOSE The purpose of this report is to update Council on the status of the Milford Road — Sanitary Lift Station #32 & Force Main Installation project and associated costs. BACKGROUND Contract 2011 -33 consists of a project that was approved under the Harbour Cleanup Program for the construction of a new sanitary lift station at the end of Milford Road, gravity sewer and force main joining the lift station to the existing gravity sewer near Civic #210 Milford Road. Common Council, at its meeting of May 10, 2010, awarded Contract 2011 -33 (M &C 2011 -321) to Galbraith Construction Ltd. at a tendered price of $1,237,796.35. The budget for this project under the Harbour Cleanup program was $2,690,850.00. This budget amount also included the design and construction of Tippett Drive — Sanitary Lift Station #33 and Force Main project, which was tendered at a later date. ANALYSIS The majority of the work under Contract 2011 -33 has been completed and invoices submitted with the exception of some minor landscaping and the installation of 3 -phase electrical power service to the lift station. The final quantities and summary of change orders for the project have not been finalized, however the project is nearing completion and the majority of the quantities and change orders have been agreed upon between the City and the Contractor. The additional costs on the project to date have been compiled into two categories as follows: 65 M &C2012 -238 Sept 12, 2012 Page 2 1. Change Orders associated with additional work $118,635.25 required during the course of the project such as changing the proposed alignment due to conflicts with existing piping and replacement of additional existing infrastructure. 2. Variation between estimated and final quantities $150,413.68 incorporated into the Work, primarily additional rock excavation, concrete curb and sidewalk. Total Change Orders & Additional Quantities: Minus: Contingency Allowance: Net Additional Cost: COST SUMMARY Original Contract Value: Minus: Contingency Allowance: Value of Original Estimated Work: Summary of Change Orders & Additional Quantities: Estimated Final Contract Value: $269,048.93 - $91,530.00 $177,518.93 $1,237,796.35 - $91,530.00 $1,146,266.35 +$269,048.93 $ 1,415,315.28 The estimated final construction cost of the project based on change orders and additional quantities to date is $1,415,315.28. The difference between the estimated final contract value and the original tendered price is $177,518.93. ($1,415,315.28- $1,237,796.35). The construction of the Tippett Drive Sanitary Lift Station #33, awarded to Fairville Construction Ltd., at the January 3, 2012 meeting of Common Council, (M &C 2012 -2), is expected to finish approximately $110,000 under the contract amount. The final construction cost for Riverview Avenue Sanitary Lift Station #30, as reported to Common Council on June 18, 2012 (M &C 2012 -142), is expected to finish approximately $53,280 under the contract amount. The combined positive variances of these two projects ($163,280.54) will be used to offset the additional costs associated with Milford Road Sanitary Lift Station #32. The net difference $14,238.39 ($177,518.93- $163,280.54) will be managed within the overall Harbour Cleanup Program. .. M &C2012 -238 Sept 12, 2012 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, ohn Campbell, P. Eng. unicipal Engineer Wm. Edwards, P. ng. Commissioner Transportation and Environment 67 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2012 -237 September 13, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Contract No. 2012 -28: Airport Aqueducts Sonar and HD -CCTV Inspection BACKGROUND The 2012 Water & Sewerage Utility Fund Capital Program includes funding for the detailed inspection of the 1500mm diameter concrete water transmission main and the 1200mm concrete arch water transmission main that delivers water from Robertson Lake to Latimer Lake under the airport runway. The work to be done under this contract includes the supply of all necessary labour, materials and equipment for the completion of the project which consists generally of. • Detailed internal sonar inspection of 4.4km of concrete aqueduct • Internal HD CCTV video of all chambers and aqueduct using a remotely operated underwater vehicle • Analysis and report of findings • Removal of debris in access chambers • Removal of steel bars at access chambers • Restoration of disturbed grounds at access points. TENDER RESULTS Tenders closed on September 12, 2012 with the following results, including HST: 1. All Sea Atlantic Ltd., Saint John, N.B. $159,528.88 2. AFONSO Group Limited, St John's, NFLD $274,228.40 The Engineer's estimate for the work was $169,500.00. .: M &C2012 -237 September 13, 2012 Page 2 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2012 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, the following analysis has been completed which includes the estimated amount of work that will be performed by City forces and others. Budget Project net cost Variance (surplus) $260,000.00 $206,441.00 $53,559.00 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2012 -28: Airport Aqueducts Sonar and HD -CCTV Inspection be awarded to the low tenderer, All Sea Atlantic Ltd., at the tendered price of $159,528.88 including HST as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Dean Price, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment .• Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager Z3.�; REPORT TO COMMON COUNCIL M & C — 2012 -241 March 7, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Proposed Temporary Working Room Contract Portion of Civic #12 Seaward Crescent BACKGROUND: City of Saint John Common Council, at its August 27, 2012 meeting (M & C #2012 -219), awarded a contract to complete upgrades on the Seaward Crescent Well House, located in the Red Head area. The upgrade to the well house will allow for the chlorination of water supplied by this well. The well house is situated on a property identified as PID number 55029474 (see attached map). The tender documents used for this contract noted the City was working with the owner of civic #12 Seaward Crescent for additional land necessary to provide suitable access to the well house situated to the rear. The purpose of this report is intended to address the access issue. ANALYSIS: Presently, the City has a 7.5 foot wide easement and right -of -way in and through a portion of a driveway contained on the property known as civic #12 Seaward Crescent, also identified as PID # 341446 (highlighted on attached map). A similar access was also provided for on the adjoining property known as civic #18 Seaward Crescent, thereby creating a total right -of -way width of 15 feet. Over time, this access has become impaired due to the construction of a shed and a fence line contained on the site. In order to properly access the City Well House site without disturbing the adjoining property at civic #18, additional width to the existing right -of -way situated on civic #12 Seaward Crescent is necessary. Ms. Susan Nason, owner of the aforementioned property has consented to this arrangement. This additional access is temporary in nature and will cease once the contract is completed. The attached document has been prepared by the City's Solicitor's office and the owner of the subject property is in agreement with the terms and conditions. If Council is in agreement, the following recommendation is provided. 70 M & C — 2012 -241 - 2 - September 17, 2012 RECOMMENDATION: 1. That The City of Saint John enter into a contract with Susan Grace Nason, in accordance with the terms and conditions contained in the agreement attached to this report (M &C # 2012 -241). 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully mans, CGA, MBA of Finance and Administrative Services t r� � J trick Woods, C.G.A. City Manager Attachments CL /c 71 Z9£ltrf.00 a mVtzLI,s00 SSOpg6�A �'� Op el 5b,% OOry4, ! OG p066� 5g0 � �(, m r^� 0 0 CD �� T 44a)0 6 Ova �vd 0p3A,3Q� 4p3A gS0og6S r N N � pp3At,ea X54 °9yA, rs tb� r Od �e a m m 0p3a44,2 FS�g635 �a40Ei m 0 � m 0 �3A0A0 w 1 0 5 e QA4466 SSp0g615 6 003A4 ti o 043 ;1456 5 OOgp,4 r O A4p� to 5 a, 0 3 0fl3440 7� c +� c ° v pp�A4�A pn3a4�e4 �9d. � Goo � a a Sm w 043A1r,8 003A4❑gA v n � u n A20 0 x1409 003x4 lov", ,5 F a d Ob3a4Al2 d m �O A4263 Op034, A6' e m J ao 3 A,046 a o N C? 045p0oSp Q �tl r N ■ tr eo 00 SX, A4gA3 4 c�.i ��t`n Cn ct p03 COO. an a C 8 rn C N 6 a U 04344Sy0 O�AO d I� O G° 1p ^ 4lv% o (B n' coo W$p9b3 a6 °d �� rn _ 01p6 0-072 r' 91606£00 003a r i009S s O U TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made this day of .2012. BETWEEN: SUSAN GRACE NASON 12 Seaward Crescent Saint John, New Brunswick E2P 1E8 (the "Owner ") of the first part and — THE CITY OF SAINT JOHN P.O. Box 1971 Saint John, New Brunswick E21- 41-1 (the "City ") of the second part WHEREAS: PID #341446 File #414(8) (A) The Owner is the registered owner of lands situate in the Province of New Brunswick known as PID #341446 in the City of Saint John, in the County of Saint John, being Lot 2 in Block "C" on a certain Subdivision Plan filed in the Saint John County Registry Office on December 18, 1969 as No. 115 File 47, subject, inter alia, to the right reserved for the purpose of laying down and constructing pipes and conduits for water and of keeping and maintaining the same at all times in good condition and repair, to enter upon and have access to at all times a strip of land being 7.5 feet wide along the northern sideline of the said Lot 2, Block "C" hereinafter known as the "Lands ". (B) The City requires further rights over and across the Lands for the purposes of ingress, egress and regress with men, materials and equipment between Seaward Crescent, a public street, and Lot 19, Block "B" on the hereinbefore cited Subdivision Plan. (C) The Owner has agreed to give the City such further rights in the manner as hereinafter set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that she is the sole and absolute owner of the Lands, in consideration of the sum of Five Hundred Dollars ($500.00) of lawful money of Canada, now 73 Page 12 paid by the City to the Owner, by cash, cheque or bank draft, the receipt and sufficiency of which is hereby acknowledged by the Owner, hereby authorizes the City, by its servants, agents, employees, contractors and subcontractors to have the privileges as set out herein. 2. The City shall have the privilege at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands shown as Temporary Work Room on a sketch attached hereto as Schedule "A" (the "Working Area ") which is immediately adjacent and abutting the Lands shown on Schedule "A" as Existing Easement for ingress, egress and regress with men, machinery and equipment from Seaward Crescent, a public street, to Lot 19B, Block "C" for any purpose incidental to or in conjunction with the construction of a Potable Water Facility upon Lot 19B, Block "C ". 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. The tree located at the eastern limits of the Working Area is within the boundaries of an existing public utility easement. The City provided the services of an arborist and has no further obligation in respect of said tree. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2012. 5. As soon as reasonably practical after completion of the construction of the Potable Water Facility, the City at its own expense will remove construction debris from the Working Area and shall re- instate the entire driveway located upon the Lands. The re- instatement shall comprise the excavation and removal of existing driveway material, grading such that water is directed away from the dwelling, supply and placing of granular backfill and compaction and laying of asphalt to a thickness to match the existing driveway. The timing of the re- instatement shall be at the discretion of the City. It is understood that the construction of the Potable Water Facility will take place in the latter part of 2012 beginning in September; the parties agree that, notwithstanding the termination of the Agreement on December 31, 2012, the City may, at its election, delay any resurface of the driveway until spring, 2013, in any event prior to June 30, 2013. 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: Susan G. Nason Address: 12 Seaward Crescent, Saint John, NB, E2P 1E8 City: The City of Saint John Attention: The Common Clerk Address: P.O. Box 1971, Saint John, NB, E21- 41-1 74 Page 13 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenant(s) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. IN WITNESS WHEREOF the party of the first part has hereunto set her hand and seal and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: 1 � 11W&N Susan G. Nason L t�A 7/2012 THE CITY OF SAINTJOHN Per: Mayor Per: Common Clerk Common Council Resolution: , 2012 75 M n. Doc. 16742349 Reg. 2003 -07 -30 UNDERGROUND UTILITY BOXES P.I.D. 00341453 STRUCTURE Frederick R. and Nancy M. Hayman Property Doc. 26625492 Reg. 2008 -12 -17 EXISTING FENC \ EXISTING BUILDf1Q0 81 V' a� \ O, 0 �` CD \�\ �C \P \0" 0 N EXISTING EASEMENT BUILDING PID 341446 Susan G. Nason Property Doc. 21490702 Reg. 2005 -12 -19 TEMPORARY WORK ROOM = 56.9m' 76 EXISTING TREE 19 —B "Pump House see Plan F47 I CITY OF SAINT JOHN NEW BRUNSWICK SEAWARD CRESCENT PROPOSED TEMPORARY WORK ROOM PROJ. # 12 -6469 \ \ \ \ \ \ \ \\\\ SCALE: 1:300 DATE: AUGUST 23 201 DRAWN: MVR DILLON FIGURE CONSULTING 1 9,4 REPORT TO COMMON COUNCIL M &C 2012 -247 September 17, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Saint John City Market — Stall "No. D" — Transfer of Shares BACKGROUND 1fi M The City of Saint John The City of Saint John leases Stall "No. D" in the City Market to A Whale of a Cafe Inc. The current seven (7) year term began January 1, 2010 and will end December 31, 2016. The lease also provides the lessee with an option to renew for a five (5) year term from January 1, 2017 to December 31, 2021. ANALYSIS The sole owner of the shares in the company wishes to transfer 100% of her shares to Alice Jardine. The lease provides that the City must consent to any transfer of shares, and such consent shall not to be unreasonably withheld. Staff is satisfied that the new shareholder has sufficient familiarity with the business and anticipate its satisfactory continuation. FINANCIAL CONSIDERATIONS The rent is not in arrears and shall be paid in equal monthly installments, monthly in advance, via pre- authorized debiting. There is no Landlord's base building work required. INPUT FROM OTHER SOURCES Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all reviewed and contributed to this report. 77 Report to Common Council Page 2 of 2 Saint John City Market - Stall "No. D" - Transfer of Shares RECOMMENDATION Your City Manager recommends: 1) That Common Council consent to the transfer of all the shares in A Whale of a Cafe Inc. by the current owner, Shelley Poirier to Alice Jardine; and 2) That the Mayor and Common Clerk be authorized to execute the transfer. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Manyment Gregory J.'Y mans, CGA, MBA Commissi,6Xer, Finance and Administrative Services P t ck Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C 2012 -245 September 17, 2012 His Worship Mel Norton And Members of Common Council The City of Saint john Your Worship and Councillors: SUB ECT Saint John City Market - Lease of Space Stall "No. 4" BACKGROUND Shawarma Hut Inc. hopes to lease Stall "No.4 ", which is approximately three hundred thirty six square feet (336 ftz) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. Shawarma Hut Inc. intends to operate continuously, actively and diligently for the sole purpose of a takeout restaurant offering traditional Arabic Shawarma with specific covenants of sale, as outlined in the proposed Lease (attached). Shawarma is a sandwich -like wrap of shaved Iamb, goat, chicken, turkey, beef or a mixture thereof cooked on a spit (i.e. rotisserie) and may be grilled for as long as a day. The proposed use is considered appropriate in that it does not conflict with any existing uses, however will signify a change in the past utilization of said space, which was formerly a soapery. ANALYSIS Shawarma Hut Inc. has submitted an extensive business plan with financial assistance from Enterprise Saint John encompassing a SEED loan and a Canada Youth Business Foundation loan. Shawarma Hut Inc. has also displayed and appears cognizant of the protocols which govern the City Market and tenants. Additionally, Shawarma Hut Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. FINANCIAL CONSIDERATIONS The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $32.00 per square foot (psf) in year one to $34.50 psf in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The proposed rent schedule includes a three (3) month rent free period to offset space build out costs and the Gross rent shall be paid in equal monthly installments, monthly in advance, via pre- authorized debiting. The Landlord's base building work is estimated to be $2,000 to $2,500 for electrical and structural improvements. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. INPUT FROM OTHER SOURCES Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all reviewed and contributed to this report. 79 Report to Common Council Page 2 of 2 Saint John City Market - Lease of Space Stall "No. 4" RECOMMENDATION Your City Manager recommends: 1) Approve the lease of space for stall "No. 4" in the City Market with Shawarma Hut Inc. under the terms and conditions as set out in the Lease submitted with MC2012 -245, and further; and 2) That the Mayor and Common Clerk be authorized to execute the lease. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.En Manager, Facility Manage"ee 1 Gregory J.Yeoyhi As, GA, MBA Commissioner, Yin nce and Administrative Services V t ick Woods, CGA City Manager :1 Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12, 9.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — Shawarma Hut Inc., 8 Highway Avenue, Apartment A, Pennfield, New Brunswick, E5H 2J2, doing business as "Shawarma Hut ", the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Five (5) years Date of Commencement: October 1, 2012 Date of Termination: September 30, 2017 Payment Dates: First day of each and every month during term hereof This lease contains the covenants and conditions which are attached and set out in Schedule "C" DATED 92012. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN in the presence of ) Mayor Common Clerk Common Council Resolution: 2012 SHAWARMA HUT Per: P 'd rest ent i sCHE IULE--�dL Window Glass 13' -11)5- Lease Line I I L_. r Q Interior Walls Entrance / Exit Approximate Location ) I t `D Stall 4 336 Sq. ft. L — — — — _ I I (n I I N J I I Columns I I I rn �? a Q ( U- a yLease Line E CONCRETE EDGE PEDESTRIAN AISLE Nome and Address of Space: City Market, Stall 4 Saint John, N.B. I hereby certify that the rentable area as shown above is 336 Square Feet Date: Sept. 10, 2012 Scale: 1 " =5' HUGHES SURVEYS & CONSULTANTS INC. Saint John, N.B. Job FAMbe Y12 -227 CAD 0 : Sta114- 1mp@rW I Disk 2012JOBS I Drawn Bye MJG /jmd Arm: C /08 --Tm sEm i LEASE FOR STALL SPACE CITY MARKET SHAWARMA HUT INC. SCHEDULE "C" ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor moms and galleries, fire prevention, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P.I. ' means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises prodding quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Gross Receipts" means the total of all gross sales and receipts from all business conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the full price in the month in which it takes place. Gross Receipts shall not include: Lease for Stall Space —City Market Shawarma Hut Inc. Schedule "C" - Page 2- i, sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal., provincial or municipal statute, by-law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises ]eased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of time, the fast Lease Year commencing on the Commencement Date and ending on the 31't day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 31", save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be; n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor, gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of 01 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 3 - supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises -and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii, the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable, Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D"; u) "City Market" means the Iands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time le,,ied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the party named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. Lease for Stall Space— City Market Shawarma Hut Inc. Schedule "C" - Page 4 - ARTICLE H GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stall 4, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Three Hundred Thirty -Six Square Feet (336 ftz). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of Three Hundred Thirty -Six Square Feet (336 ft'). 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terns and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of Five (S) Years to be computed from October 1, 2012 and fully to be completed and ended on September 30, 2017 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of a) sixty (60) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such sixty (60) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof; the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of **" ( * *) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver N avant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. 0 Lease for Stall Space —City Market Shawarma Hut Inc. Schedule "C" - Page 5 - The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew — purposely deleted. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty -Three Dollars ($33.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $896.00 monthly ($32.00 per square foot) Year 2 - $910.00 monthly ($32.50 per square foot) Year 3 - $924.00 monthly ($33.00 per square foot) Year 4 - $938.00 monthly ($33.50 per square foot) Year 5 - $952.00 monthly ($34.00 per square foot) 3.02 Reports by Lessee a) The Lcssee shall submit to the Lessor on or before the 10th day following the end of each calendar month during the Term and including the 10'h day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and factional month, if any) and the amount of Gross Receipts for all preceding months of such Lease Year, b) On or before the 60'h day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statement shall be duly certified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3.03 Audit (Mandatory when rent calculation based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3.04 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.05 Deposit The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 6 - construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre - Authorized Payments The Lessee must participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. The Lessor shall sign a form of application which is the same or similar to Schedule "D -1 ", or as may be required by the Lessee's bank, credit union or other financial institution. ARTICLE IN' TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as alien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 7- 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receh a the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE `'I MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association') is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has ah-eady been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 1'` day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of selling Greek, Romanian and Arabic Foods including shawarma (lamb, Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 8 goat, chicken, turkey, beef or mixture thereof cooked on a spit), falafah wraps (rib eye, chicken, beef, pork or mixture thereof) beef sausage, cold beverages and Greek, Romanian and Arabic desserts. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "Shawarma Hut" and -till not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well-lit during the hours the Lessor designates from time to time, acting reasonably; M Lease for Stall Space — City Market Shawamea Hut Inc. Schedule "C" - Page 9- d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertisitig of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical de-ices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or alloy in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 91 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" -Page 10 7.03 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: i, the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v. a mail order business or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04, The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and 92 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" -Page 11 - inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 1llaintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof; is registered or filed against; a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such alien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 93 Lease for Stall Space — City Market Shawanna Hut Inc. Schedule "C" - Page 12 - 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non - observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing sen-ices for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof, construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the 0 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 13 - Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (b) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: i. All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; f) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; 95 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 14 - c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent, 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising trom or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. in no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnif'cation of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION M Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 15 - 10.01 Total or Partial Destruction of Leased Premises IL during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect: a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shalt be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3'a) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any 97 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 16 - prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE X11 TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer described in Section 12.01(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. Lease for Stall Space — City Market Sbawarma Hut Inc. Schedule "C" - Page 17 - 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIII DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re-Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re- letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notvrithstanding any such re- letting without termination, the lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be iuuuediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or .. Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 18 - during the preceding three (3) tuU calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants if the Lessee shall fail to perform any of its covenants or obtigations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law. (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof', whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises ater the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby 100 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 19 - granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of i. one and one half (1 '' /z) times the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article 7GI is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee 101 Lease for Stall Space — City Market Shawarma Hut Inc. Schedule "C" - Page 20- shall be sufficiently given it delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at S Highway Avenue, Apartment APennfield New Brunswick, E5H 2J2. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the ottice of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4LL 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment, 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Rent Free Period The Lessor and the Lessee agree so long as the Lessee is not in default under the Lease, the Lessee will not be responsible for Gross Rent for a period of three (3) months from and including October 1, 2012 to and including December 31, 2012. Utilities, Promotion Funds./Mercbants' Association dues are payable during the Rent Free Period. 102 Lease for Stall Space — City Market Shawarma Hut Inc, Schedule "C" - Page 21 - 14.19 Basement Storage Space Where the Lessee makes use of any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby agrees to release and indemnify and save harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines. 103 SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted, 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11, The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord.. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 104 SCHEDULE "D" RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand tricks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises, 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally- illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over anther tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs-. Any number of signs advertising goods for sale, specials, etc. shall be permitted They may not exceed 8.5" x 1 i" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 105 SCHEDULE PtrwA ed Farm FO B d's iinftott de The CRY of Saint Jahn est hemeusa d'offiIr The City of Said John is pl=m d to be able to offer City Msdmt Tenmb a monthly debit mS m= locairer du nmcW municipal, pnmmt opbon for Paymant Of City Ma" rent. Foptificm• de POW par p[+6IbWA mt bana im Provime : meaatel aatosr rdgw lour loyer da marand PO" Code mmicfpd. We tape that the norm is self- exphuatmy, Noun espbrons quo cc farmaLi c at c k, however, please call ns if you have any questions, ti WWfih d wos am da questions, AUTBORM n'hdsh= pas L noun (306) 652-1M (SW 662 -1967 Please M in and Mum this form to The City of &ice John MMinp and Co Wxdons of m with a VOID cheque (far wcoant va dfication paP�)• Vaaillea crmplir d retoarner le j Ismt fwnmlmim an barmn de la Gchatim at de iapascgxion mentioncAl!IlCIUI (= Stu de vbd8eatian & oo>rtpte). Uwe, / Jdttoam, Na®e /Nom: Address / A&mm : Provime : PO" Code my /Villa : / Cade RRRRRRRRRRRR' RRRRRARRR�AR�fR *RRRRi•RRRRR *RRRRRRR AUTBORM ACT Ol=AU!fSRWNS ARfA�*RRl1F#RR *fAR4lRR *M ii�A41*f4Rkl4�i� *Rka A 011RR***** The City of S" J434 Tito City etSsiat Jm mt P.O. Box 3974 samiebta, NH, ESL &4 C.! 1971, Sam JMu, NADI,Bt><, 4L1, 69 d" i d&ftw atembootre cqwft Aoaomt # /Wde held a /de h mmatm We : Bnnch Adds= / Admm do h m=Ko a Trmdt : bar ttie purpome of of Mnrw fait mm Rms da pdenmtt Mond da lmyor do alarm pajade tsmmd . mumdpd• UWe baud recd mod mAwdood dta trims Poi/aoms awes In et an*& In tetm of dds mdbydmdpa, deb V A PnA P autotjMgtW . Sim t-CF: Daft.- 49$' Dsbe : 'Fa joint Wa mmts, all depositor, mast silts if tttord tbma cm apnattm+e is required ca obegm issued &vim the aacaant. Now If it Dopy of d& compided form is raquir4 plaasa ia6 = offim •*Pieasm sae ova" *& cc qd cc== ios aomptm o*ob ter, d pfis Own dpttow at mgmise err bs ob*m bmb de ere mmpte, tams In diQ mft ddva t sipmet. Note : Si veers d6sir+ea obImk me copic dit prds m fimntlm dbum rastpli, voaulla m avian noire bumm 106 *" Vsk as Verso" TERM AND coNDmONS iVWe pill Wtl* The C'ty of Ssiat Jd- Bilbng and CoWdom ofikC6 is MIN09 of my des in the mcount h&mmadm of of tW dAt Ime �y (30) � pd" the neat pay en meo Me mdenhod that tee of thin does not affect myJan-aboom {o POW ibr goods or savices wed iw/with The City of Saint John. MYOOW fimmCW WdWdm will groat emoh debit as ifV*o bed pawnlly hood awlitMa db ernes wommizing The City of saint John to dam the amount (s) specified to mylaw acocnnt and coed not vwfy IYR pwjmasas am dmwn m acomlaaw with this madorimadm UWe amdm%md that any debits charged to sey/aur a000vnt WM be te4osb=W if Jas not drawn is accondanm MoDAUnts zT COlYDMONs s b Par kck le ba�e,�n do 1s fictumdon at � do am dmpmmmt "m an mmwmm* 1. Pmzpdm de The aly of Saint Jahn, COmPtV ou ibl m noire tub (30) jouts avant la dale da pncitain pieseak it awn w%uus coupown qm Is rdd dm de cede wuxba6m nt& aseuae hwidonoe sur ImIlAsotm obliplion da payer la 11 1adu0" an IN wr4ka anus ocm 1 poor ou aver The City of saint John, manfnohe inakadm Sneasam teab=cbmqw bowaire eomme si fa� a avian pasocrfeitlenreot finis me diwti,.v 6Cdo autaeisaot The City of Saint Jobe j 19 it= We) moosaal(a) d6kinnio6(s) de mo &OW cow& et alb a'atara pas 1 v6sifim qm 1ea P&mwft sow peeps COuloOsl6wit at Celle aolosiaatlau en�ea�dslmoa cowp� qw toot aavPlo sera tnmbourad d : oe prtavemoot a'a pw 606 this amhothatioa hr bem lmjii6C4 m p "••••,,`•° cello iatooais�ioa a � rdaila6e ; an tms nalidtal /i was posted to the wr mg acoOunt due to O ee a 606 effects6 du mamyais ccmpte oa ietva000aocx account fi fmmstio n auppiiod by rsiwon de our le the Daft do Colioc�d ms office, The City of faint fi=neots, focuais per to' n mas� de la hcbmdjon et de h do The Citv of Rai"# 3w. by spring notice in wd ft to aWoor branch of acoo®t widdn 2bety (90) days of the debit to MOW account, Tfie City of Said JOM wM dmp S 10.00 for each t:snsa Moo t+Wimed for eon Sum lands 1/We wkwwbWp that delivery of this angwrbegm to The City of Slot Jabs comat tam delivery to my fiaaacial intitatian. VWe wan do all paaoas whose aiguwm am toquhW to sign up on this account have signed this sat whxdco. ** Ptivacy ** The City of Saint John boss NoT abate or aeli its client lists. Any Wfosmatkm provided herein wffl be used only for the above -noted purpose, and Far no other purpoaa. Your signatm+e on this farm is your wtLtnizatiaa for The City of Saint John to record this infotmatim if you have any questiom about this statement, please do not hesitate W call 652 -1960 or the City Somboes glee at (506) 658 -2860. en donow as avb first I ma/notre luccmak retntitmde quo*-AV dim- n)3«cas luivant It Tie City of Said Join eectamra 10 $ poor d6 qw ftanslctaon rd0mak en ninon d' iosuffuaom do lhads. JO t+ecootm4ialnots reoaondposs Wen a000r16A ceme mk in Lion i The (Sty of saw ME, je 1`20cmdelaotts raccor m imon6w" immi mtionf omcidm J1� B+ as quo toales In pat♦omues N tan co c000jle cut alga6 krok ** t rob dW de Is vie prlvk ** The City of Saint John NE p&Upe pas d no vend, pas sa liste do clients. Toute bh m dm Awmde dare ee F nmdaim salt uttilisbe mdquanent am fins d6edtas td- &rise. Votm duo aw co folmuWm rgwfi att: vobee antoasstion A cc qua The City of Saint Jahn emegistm 1'irdanation qui y est conta me. Si vow avea des questions A propos de CCft affinu dm n'bdxitct pas i aomposar It 652 -1467 on 6 appela It berm de 1'avocat municipal au (SW 658- -2860. 107 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Stefan D. Ovezea, of Pennfield, so-called, in the County of Charlotte, and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the President of Shawarma Hut Inc., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purpo e corporate seal of Shawarma Hut Inc., is the c of the said Shawarma Hut Inc., the Lessee a oregoing in and it was affixed by the officer nzed to so affix the seal. 3. THAT the signature "Stefan D. Ovezea" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the c t of ISI-t in the County of 5 in the Province of New Brunswick on the f 3 day of S A T,�,,,, I.. cssn., 2012. SWORN TO before me at the C l of in the County of and Province of New Brunswick, y of �t 2012. Lissioner Of a Solicitor ;wt'JOHN G. RIMY",, COMMISSIONER OF OATHS BEING A SOLICITOR 1: -,X�D Stefan D. Ovezea �R (J REPORT TO COMMON COUNCIL M &C 2012 -243 September 17, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility BACKGROUND o The City of Saint John The Multicultural Association of Saint John Inc. (MASJ), is a non - profit, non - partisan, non - denominational multicultural association with a mandate to promote New Brunswick's Policy on Multiculturalism, in the greater Saint John region. The MASJ submitted a formal request to Common Council for free space in a City -owned facility to establish an office and welcoming centre that would include fully accessible washroom facilities, accessible training /rehearsal space, a board room, accessible meeting space, a reception area, and kitchen facilities. At the June 18th, 2012 meeting of Common Council, this request was referred to the City Manager for consideration and recommendation. The City of Saint John currently "grants" space to a number of different organizations in City -owned facilities, for the purpose of operating non - profit and /or other business, not necessarily directly related to the delivery of services to the City of Saint John. Several of these organizations and their locations are summarized in the following table. 109 Estimated Grant from the Rent for the Organization Location of Space Market Value of City (Expense) Space (Revenue) Space (2012) (2012) (2012) Senior Citizens' Services Saint John Inc. City Market Tower $41,000 $41,000 $41,000 Prude Inc. City Market Tower $52,000 $52,000 $52,000 The Saint John Multicultural & Newcomers Resource Centre City Market Tower Sublease with $0 $0 Inc. Prude Inc. Human Development Council City Market Tower $16,000 $51,000 $16,000 109 Report to Common Council Page 2 of 5 Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility The estimated market value of each organization's space is also provided above. These estimates are based on the low end of the average current rental rates of a comparable Class C office space in the uptown Saint John area, and do not include costs associated with energy. For informational purposes, the high end of the average current rental rates of comparable Class C office space in the uptown Saint John area are approximately double the amounts shown above. ANALYSIS AND FINANCIAL CONSIDERATIONS For the purpose of this report, staff attempted to answer the following questions: Does the City have space available in City -owned facilities? Does the available space in these City -owned facilities meet MASJ's requirements — central, accessible, operationally suitable? Are there future plans or other considerations that may impact the use of the space in these City -owned facilities — projects, existing lease agreements, organizational realignment, etc.? Staff has not considered, nor provided a recommendation on the suitability of this organization for space based on its mandate or operations. This review is based solely on the physical space requirements provided by MASJ and the availability /suitability of physical space within City -owned facilities. In performing this analysis, City staff considered various City -owned facilities including administration buildings, community centres, and the Saint John City Market, as potential options. Upon evaluating administration buildings, City Hall was the only centralized location, however this space is currently at capacity. In addition, with the Police Force moving into their new building in 2012, the lease is currently under renegotiation to better suit the space needs of the City to deliver services in accordance with the organizational realignment. For these reasons, as well as the potential costs and overall suitability, administration buildings, including City Hall were excluded from further analysis. With regard to all City -owned community centres, the Carleton Community Centre and the CE Nick Nicolle Community Centre were considered. The Carleton Community Centre is currently at capacity, and does not appear to meet MASJ's requirements (i.e. not central, second floor not accessible). It is anticipated that the CE Nick Nicolle Community Centre will soon be operated by the ONE Change, thus, it also does not appear to be suitable at this time. For these reasons, community centres, including the Carleton Community Centre and the CE Nick Nicolle Community Centre were excluded from further analysis. This left the Saint John City Market, namely the Head Tower. As previously mentioned, a number of organizations currently occupy space in the Head Tower. Existing leases with these organizations are in an over - holding state, and City staff is in various stages of negotiation for the renewal of said leases. The over - holding leases account for 100% of the space in the Head Tower. Although only in the preliminary stages of negotiations, it is anticipated that approximately, 1,270 square feet of space may be given back to the City during the negotiation process. This particular space is an open floor space, only with intermediate columns. There is a common washroom facility available just outside the area, which is also utilized by anothertenant. 110 Report to Common Council Page 3 of 5 Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility The space mentioned would require fairly significant renovations to bring the area up to building code and regulatory compliance if the space was renovated (e.g. barrier -free accessibility, fire alarm, fire separations, electrical systems, ventilation, asbestos abatement, etc.). To make the space suitable for MASJ operations, walls would have to be constructed for offices, boardrooms, training rooms, and a kitchen area. Upgrades to the heating system would have to be completed because it is currently designed for the existing open space with perimeter radiant heaters and limited controls (i.e. thermostats). The kitchen would have to be plumbed for water and sanitary drainage. Lighting would have to be modified for the different rooms required by the operation. As a general requirement, the interior finishes are aged, outdated, and worn, so repairs would have to be completed to suit the use. Although only an order of magnitude estimate, it is anticipated that the costs to make the space suitable for occupancy by MASJ could range from $55,000 to $65,000, including the common area washroom upgrades that would be required. On a square foot basis, this represents a cost of approximately $43 to $51 per square foot. These figures consider only low grade interior finishes, and would not include furniture, or other similar operational needs. For comparative purposes, it would be typical to allow at least $70 to $90 per square foot when developing a preliminary budget to renovate interior space in which plumbing, electrical, and HVAC upgrades are necessary in addition to typical commercial grade interior finishes. Another consideration for the use of this space is the capital requirements that will be necessary for the Head Tower over the next several years, regardless of who occupies the space. In general, these include: Building Envelope Restoration (including masonry, windows, and roof systems) ✓ The windows and roof have leaked over the last number of years, causing damage to the interior finishes, and the presence of mould in various areas of the building ✓ The masonry is subject to erosion, cracking, and other damage resulting in safety concerns (e.g. sandstone damage that has fallen to the ground), and contributing to water infiltration Opinion of Probable Cost ( 2013) .................................................. ............................... .....................$1,080,000 Interior Renovations (including electrical, HVAC, fire protection /alarm, elevator, and interiors) ✓ The majority of the major building systems have surpassed their expected useful lives, resulting in heating issues, electrical concerns, damage, and accelerated deterioration ✓ Various building code and regulatory compliance issues exist, including fire separations, fire protection, electrical distribution, barrier -free accessibility, and the presence of asbestos containing materials Opinion of Probable Cost (2014 -2015) ......................................... ............................... .....................$1,710,000 The renovations proposed for 2013 -2015 will require as much flexibility in the Head Tower as possible to accommodate the construction. Ideally, the Head Tower would be empty during the renovations, but in the case it is not, the City will have to move existing tenants around to complete the work. The potential "flex space" that may be given back to the City during current lease negotiations will be necessary in order to accomplish this. 111 Report to Common Council Page 4 of 5 Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility A final consideration relates to an altogether alternative use for the Head Tower, which may result in an opportunity for the City to save some money through this alternative use. This alternative option would be to provide financial assistance to the existing organizations in the Head Tower (as well as organizations such as MASJ) in lieu of providing space in the Head Tower or elsewhere in City -owned facilities. If Common Council decided to provide financial assistance to organizations in the Head Tower to support renting space elsewhere, the City would then have the option to lease the space out at market rates, or occupy the space itself. Average market rental rates for space comparable to the Head Tower space in its current state in the Uptown Saint John area range from $11 to $21 per square foot, excluding energy costs. As previously mentioned, the amounts that are presented in the table above illustrate the estimated value of the space in the Head Tower occupied by each organization. If the City renovated the Head Tower space (which is necessary regardless of the situation as previously noted), it could potentially lease out the space for amounts at the high end of the range provided above, or higher. Annual revenue, based on a total of 9,000 square feet of available space in the Head Tower could amount to over $189,000. The $189,000, would be potentially offset by financial grants in the total amount of $109,000 (estimated value of current space) that would be granted to the organizations that currently occupy the Head Tower, so the net revenue would be about $80,000. This amount would be further offset by costs associated with the administration of these leases by City staff. If the City were to occupy the space itself, some ideas include a City department, Destination Si, Uptown S1, or another similar group that currently occupies space in City Hall or other space leased from a third party. If you took 9,000 square feet away from the City Hall lease (for example) and relocated the staff associated with this space to the Head Tower, this would result in a savings of approximately $198,000 per year (based on $22 per square foot in City Hall). The $198,000, would potentially be offset by financial grants in the total amount of $109,000 that would be granted to the organizations that currently occupy the Head Tower, so the net savings would be about $89,000. Since the renovations described above are necessary regardless of who occupies the Head Tower, this would not be considered as an additional cost. For all the considerations described above, City staff does not believe it would be prudent to provide space to any new organization in the Saint John City Market Head Tower. No additional City -owned space is currently available or suitable for the same. Furthermore, more detailed investigation and analysis of the City and /or other organizations potentially occupying the Head Tower space, should be completed to fully understand and evaluate this opportunity. Existing lease negotiations should continue, however, only short term leases should be executed pending further review and in consideration of the flexibility needed for future capital requirements. INPUT FROM OTHER SOURCES During the development of this report, input was received from various City departments including Real Estate, Finance, and Legal. 112 Report to Common Council Page 5 of 5 Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility RECOMMENDATION Your City Manager recommends that Common Council: 1) Consider providing financial assistance to the Multicultural Association of Saint John Inc. (MASJ) in lieu of space in a City -owned facility during the 2013 budget deliberations; 2) Direct City staff to complete a detailed feasibility analysis of the City Market Head Tower space for its own and /or other potential occupancy and report back to Common Council; and 3) Direct City staff to negotiate leases with the Senior Citizens' Services Saint John Inc., Prude Inc., and Human Development Council with a term ending no later than December 31, 2013 with no options for renewal. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.E Manager, Facility ?na M e t Gr ory J. Yeo a BA Commiss ioner, F' a ce and Administrative Services P t 'ck Woods, CGA Ci anager 113 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. LA FONDATION JEUX CANADA GAMES SAINT JOHN, INC. AqVW 206 King Street West, Saint John, NB E2M 1S6 (506) 634 -1985 September 4, 2012 His Worship Mayor Mel Norton and Members of the Common Council City of Saint John P. O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Members of Council: On behalf of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc. I am pleased to submit the attached Audit Report and Financial Statements of the Foundation as at December 31, 2011. This report was received and approved by the Board of Governors at the annual meeting held on May 8, 2012. Grants in the amount of $99,875 were awarded in 2011 to 90 individual athletes, coaches and sports organizations. A list of grants is contained in the report. Respectfjl�y submitted, 411 Patrick IYDarrah ' Chairman, Board of Governors PDD /Ifd 114 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. (Incorporated under the laws of New Brunswick) FINANCIAL STATEMENTS DECEMBER 31, 2011 115 TEED SAUNDERS DOYLE & CO Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. DECEMBER 31, 2011 CONTENTS Page INDEPENDENT AUDITORS' REPORT 1 - 2 FINANCIAL STATEMENTS Statement of Financial Position 3 Statement of Changes in Net Assets 4 Statement of Operations 5 Statement of Cash Flows 6 Notes to Financial Statements 7 - 9 Additional Comments of Auditors 10 Schedule of Grant Recipients 11 - 13 lhVIll SAUNDERS DOYLE & CO. 116 Chartered Accountants 39 Canterbury Street TEED P.O. Box 6668 Saint John SAUNDERS New Brunswick E2L 4S1 DOYLE & CO. Tel (506) 636 -9220 Fax (506) 634 -8208 Chartered Accountants E -mail tsdsj@tsdca.com - Independent member of DFK International INDEPENDENT AUDITORS' REPORT To the Members of The Saint John Jeux Canada Games Foundation, Inc. We have audited the accompanying financial statements of The Saint John Jeux Canada Games Foundation, Inc., which comprise the statement of financial position as at December 31, 2011, and the statements of changes in net assets, operations and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian generally accepted accounting principles, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Saint John Partners �� Fredericton Partners Andrew P. Logan Peter L. Logan Brian J. Saunders David H.Bradley Jean -Marc Poirier c . r A o . Jeffrey E. Saunders John H. Landry 1.117 T.J. Smith Kenneth H. Kyle Independent Auditors' Report to the Members of The Saint John Jeux Canada Games Foundation, Inc. (cont'd) Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of The Saint John Jeux Canada Games Foundation, Inc. as at December 31, 2011, and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. Saint John, NB April 5, 2012 CHARTERED ACCOUNTANTS ,,118 TEED SAUNDERS DOYLE & CO. Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2011 2011 2010 CURRENT Cash (Note 3) Accounts receivable (Note 3) Prepaid expenses LONG TERM Investments (Notes 2, 3 and 4) ASSETS LIABILITIES CURRENT Accounts payable and accrued liabilities (Note 3) NET ASSETS UNRESTRICTED RESTRICTED (Note 2) i; 1 $ 69,440 $ 40,998 19,381 21,809 2,538 2,485 91,359 65,292 5,502.790 5,525,073 $ 5,594,149 $ 5,590,365 $_ 33,683 $ 21,766 560,466 568,599 5,000,000 5,000,000 5,560,466 5,568,599 SAUNDERS DOYLE & CO. 119 Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF CHANGES IN NET ASSETS FOR THE YEAR ENDED DECEMBER 31, 2011 BALANCE AT BEGINNING OF YEAR EXCESS (DEFICIENCY) OF REVENUE OVER EXPENDITURE BALANCE AT END OF YEAR Total Total Unrestricted Restricted 2011 2010 $ 568,599 $ 5,000,000 $ 5,568,599 $ 5,251,226 (8,133) - (8,1331 317,373 $ 560.466 $ 5,000,000 $ 55 560,4666 $ 5,568,599 TEED SAUNDERS DOYLE & CO 120 Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 2011 2011 2010 REVENUE (Note 2) Interest $ 110,141 $ 105,696 Dividends 72,940 66,266 Gain (loss) on disposal of investments 441,053 (309) Miscellaneous income 90 624.134 171.743 EXPENDITURE Grants 98,025 40,800 Management and custodial fees 37,115 34,496 Administration fees 20,201 16,508 Consultant fees 3,754 4,877 Professional fees 4,075 4,848 Advertising 4,357 2,097 Office 984 1,080 Insurance 1,009 1,009 Miscellaneous 644 641 170.164 106.356 EXCESS OF REVENUE OVER EXPENDITURE BEFORE NET UNREALIZED GAINS (LOSSES) 453,970 65,387 NET UNREALIZED GAINS (LOSSES) (Note 2) 062,103) 251,986 EXCESS (DEFICIENCY) OF REVENUE OVER EXPENDITURE L 8 133 $ 317,373 TEED SAUNDERS 121 DOYLE & CO Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2011 TEED SAUNDERS n DOYLE & CO. 6. Chartered Accountants 2011 2010 CASH PROVIDED BY (USED IN) Operating activities Excess (deficiency) of revenue over expenditure $ (8,133) $ 317,373 Items not involving cash (Gain) loss on disposal of investments (441,053) 309 Net unrealized (gains) losses 462,103 (251,986) 12,917 65,696 Changes in non -cash working capital balances Accounts receivable 2,428 1,910 Prepaid expenses (53) (2,485) Accounts payable and accrued liabilities 11,917 (9,503) 27,209 55,618 Investing activities Proceeds net of purchases (purchases net of proceeds) of investments 1,233 (75,3341 INCREASE (DECREASE) IN CASH 28,442 (19,716) CASH AT BEGINNING OF YEAR 40,998 60,714 CASH AT END OF YEAR 69,440 $ X0998 SUPPLEMENTARY CASH FLOW INFORMATION Dividends received $ 73,185 $ 65,821 Interest received 116,681 109,515 TEED SAUNDERS n DOYLE & CO. 6. Chartered Accountants THE SAINT JOHN JEUY CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 1. PURPOSE OF THE ORGANIZATION The Saint John Jeux Canada Games Foundation, Inc. is incorporated under the laws of New Brunswick as a non- profit organization and is registered as a Canadian amateur athletic association under the provisions of the Canadian Income Tax Act. Its purpose is to fund training and development of amateur athletes in Canada. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Investments Investments are classified as held for trading and are stated at fair value. In determining fair values, adjustments have not been made for transaction costs as they are not considered material. The change in the difference between the fair value and cost of investments at the beginning and end of each year is reflected in the statement of operations. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices. The investments of the Foundation are held in the custody of Scotiatrust (managed by Jarislowsky Fraser Limited) and CIBC Melon (managed by Foyston, Gordon & Payne Inc.). The Foundation's investment strategy is to hold high quality corporate or Government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Capital Assets The Foundation capitalizes all expenditures for items having an estimated useful life expectancy greater than one year and at a cost greater than $500. Restricted Net Assets The restricted net assets represent the surplus funds of $2,125,797 of The Saint John 1985 Canada Summer Games Society, Inc. - La Societe Des Jeux D'Ete 1985 De Saint John, Inc. transferred to The Saint John Jeux Canada Games Foundation, Inc. on December 1, 1986. Under the Letters Patent incorporating the Foundation, the capital of these surplus funds was not to be spent for a period of ten years. Since the expiration of this ten -year period in 1996, the Board of Directors have continued the restriction on the use of the capital, and have subsequently raised the limit to $5,000,000. Revenue Recognition Investment income is recognized on an accrual basis. Measurement Uncertainty The preparation of financial statements in accordance with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amount of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenses during the reporting period. These estimates are reviewed periodically, and as adjustments become necessary, they are reported in earnings in the period in which they become known. An example of a significant estimate includes the recoverability of long term investments. 123 TEED SAUNDERS DOYLE & CO Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 3. FINANCIAAL INSTRUMENTS The Foundation has classified its financial instruments as follows: Financial Asset/ Liability Cash Accounts receivable Investments Accounts payable and accrued Classification Held- for - trading Loans and receivables Held - for - trading Subsequent Measurement Fair value Amortized cost Fair value liabilities Other financial liabilities Amortized cost The Foundation's carrying value of accounts receivable and accounts payable and accrued liabilities approximates its fair value due to the immediate or short term maturity of these instruments. Currency Risk Currency risk is the risk to the Foundation's earnings that arise from fluctuations of foreign exchange rates and the degree of volatility of these rates. The Foundation is exposed to foreign currency risk on its U.S. investments. Interest Rate Risk Interest rate risk is the risk that the value of a financial instrument might be adversely affected by a change in the interest rates. The Foundation is currently exposed to interest rate risk through the fixed income component of its investment portfolio. 4. INVESTMENTS TEED SAUNDERS DOYLE & CO. 124 Chartered Accountants 8. Market Market Cost Value Cost Value 2011 2011 2010 2010 Equities Canadian $ 1,030,660 $ 1,308,972 $ 830,873 $ 1,543,628 Foreign 1,393,322 1,427,288 1,558,299 1,621,702 Total equities 2,423,982 2,736,260 2,389,172 3,165,330 Bonds and debentures 2,637,790 2,696,432 2,302,878 2,359,743 Short term investments 70,098 70,098 - Total investments $ 5,131,870 $ 5,502,790 $ 4,692,050 $ 5,525,073 Allocated to: Unrestricted $ 502,790 $ 525,073 Restricted 5,000,000 5,000,000 $ 5.,502,790 $ 5,525,073 TEED SAUNDERS DOYLE & CO. 124 Chartered Accountants 8. THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 5. CAPITAL DISCLOSURE The Foundation's objective in managing its capital is to ensure that its investments continue to grow over time. The Foundation has internally restricted $5,000,000 of net assets to further protect its capital. The Foundation manages its capital structure and makes adjustments to it in light of changes in economic conditions and the risk characteristics of the underlying assets. In order to maintain or adjust the capital structure, the Foundation may reduce the amount of grants it issues. The Foundation is not subject to externally imposed capital requirements and the Foundation's overall strategy with respect to capital risk management remains unchanged from the year ended December 31, 2010. 6. CHANGE IN ACCOUNTING FRAMEWORK The CICA Accounting Standards Board has given not - for - profit organizations the option to select from one of the two available sets of accounting standards and apply that set for annual financial statements relating to fiscal years beginning on or after January 1, 2012. The options are as follows: Part I - International Financial Reporting Standards (IFRS) Part III - Accounting Standards for Not - for - Profit Organizations The Foundation has decided to adopt Accounting Standards for Not - for - Profit Organizations. 125 Q TEED SAUNDERS DOYLE & CO. Ch-t -A A- -r..t. 39 Canterbury Street P.O. Box 6668 Saint John New Brunswick E2L 4S1 Tel (506) 636 -9220 Fax (506) 634 -8208 E -mail tsdsj @tsdca.com TEED SAUNDERS DOYLE & CO. Chartered Accountants Independent member of DFK International ADDITIONAL COMMENTS OF AUDITORS The accompanying Schedule of Grant Recipients is presented as supplementary information only. In this respect, it does not form part of the financial statements of The Saint John Jeux Canada Games Foundation, Inc. for the year ended December 31, 2011, and hence is excluded from the opinion expressed in our report dated April 5, 2012 to the members on such financial statements. The information in this schedule has been subject to audit procedures only to the extent necessary to express an opinion on the financial statements of the foundation and, in our opinion, is fairly presented in all respects material to those financial statements. ')7Z CHARTERED ACCOUNTANTS Saint John, NB April 5, 2012 Saint John Partners Fredericton Partners Andrew P. Logan Peter L. Logan �rf� Brian J. Saunders David H.Bradley �MJXA Jean -Marc Poirier A I. r Jeffrey E. Saunders John H. Landry 10.126 T.J. Smith Kenneth H. Kyle THE SAINT JOHN JEUY CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RECIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2011 SPRING FALL RECIPIENT SPORT PROV 2011 2011 TOTAL ALLEN, JEFF (COACH) WRESTLING NB $ 1,000 $ - $ 1,000 ANNEAR, GRACE TRACK AND FIELD NB - 375 375 BRIDEAU, EVAN SPEED SKATING NB - 750 750 BRITT, BARRY TRACK AND FIELD NB 1,500 - 1,500 BROWN, DANIEL ATHLETICS NB - 375 375 CAMPBELL, KATE KARATE NB 1,500 - 1,500 CASSIDY, RYAN ATHLETICS NB 1,500 - 1,500 CHARANIA, RAFIQ WRESTLING NB - 375 375 CHENHALL, MARTINE JUDO NB 750 - 750 CLARK, STEPHEN WRESTLING NB - 375 375 CLEAVES, ALLYSSA WRESTLING NB - 750 750 COADY, REBECCA ATHLETICS NS 375 - 375 CORMIER, GABRIELLE FIGURE SKATING NB 375 - 375 CORMIER, JEAN - RICHARD CYCLING NB 375 - 375 CORMIER, VINCENT WRESTLING NB - 1,500 1,500 COUTURE, LUKE BADMINTON NB - 750 750 D'AMOUR MATTHIEU GYMNASTICS PEI - 1,500 1,500 DAYE- FINLEY, SHAWN WRESTLING NB - 1,500 1,500 DOBRANOWSKI, ALICIA TRACK AND FIELD NS - 375 375 DOIRON, JEAN -MARC TRACK AND FIELD NB 375 - 375 EVANS, ANDREW SPEED SKATING NB - 750 750 FAGAN, ELIZABETH WRESTLING NB 375 - 375 FAGAN, MATTHEW WRESTLING NB 750 - 750 FEUNEKES, ERIC WRESTLING NB - 1,500 1,500 FONTAINE, STEPHANE BEACH VOLLEYBALL NB 750 - 750 FORTIN, LOUIS XC SKIING NB - 750 750 GATES, GABRIEL KARATE NB 1,500 - 1,500 GIRVAN, REBECCA WRESTLING NB 750 - 750 GODIN, JEAN - FRANCOIS WRESTLING NB 750 - 750 GOLDEN, CHRISTOPHER ARCHERY NB - 750 750 GOLENIEC, NICK WRESTLING NB - 375 375 HADLEY, MATTHEW MOUNTAIN BIKING NB 1,500 - 1,500 HALAVREZOS, MARIA CANOE /KAYAK NS - 750 750 HARRIS, GEOFF ATHLETICS NS 1,500 - 1,500 JONES, CALEB ATHLETICS NB - 1,500 1,500 LAMARCHE, MYRIAM JUDO NB 1,500 - 1,500 LANDRY, PIERRE TRACK AND FIELD NB 375 - 375 LANG, CRAIG (COACH) CANOE/KAYAK NB 1,000 - 1,000 LANG, NEIL CANOE /KAYAK NS - 1,500 1,500 LEBLANC, GABRIEL (COACH) PARA ATHLETICS NB 1,000 - 1,000 LEBLANC, MICHAEL ATHLETICS NY 1,500 - 1,500 LOPARCO, JULIA SPEED SKATING NB - 375 375 LOSIER, DANIELLE SWIMMING NB 375 - 375 LOSIER, MATTHEW VOLLEYBALL NB 375 11 D LUCAS, GEORGE (COACH) SOCCER NB 500 - SAUNI WS 127 DOYLE & CO 11. Chartered Accountants THE SAINT JOHN JEUY CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RECIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2011 SPRING FALL RECIPIENT SPORT PROV 2011 2011 TOTAL MACDONALD, ABIGAIL BASKETBALL NB - 375 375 MACKINNON, CAMERON CYCLING NB - 1,500 1,500 MALLET, JUSTIN CYCLING NB 375 - 375 MALTAIS, NAOMIE ATHLETICS NB 375 - 375 MARTIN, JENNA ATHLETICS NS 750 - 750 MASON, MARCUS JUDO NB 750 - 750 MCLEOD, GARRETT CYCLING NS 750 - 750 MCNEIL, MATTHEW TRACK AND FIELD NB - 375 375 MOSES, TRENT WRESTLING NB - 375 375 MURPHY, BLAKE WRESTLING NB 375 - 375 MWENGA, PROMISE WRESTLING NB - 1,500 1,500 PETERS, CELIA ATHLETICS NS - 375 375 POND, CHRIS WRESTLING NB 375 - 375 QUIGG, MITCH TRACK AND FIELD NB 750 - 750 QUINN, CAROLINE SPEED SKATING NB - 375 375 RAMSAY, PARKER GYMNASTICS PEI - 375 375 RAYMOND, MIGUEL JUDO NB - 1,500 1,500 RICHARDS, CASSIDY SWIMMING NB - 375 375 ROSS, CAROL ORIENTEERING NB 1,500 - 1,500 ROSS, CAROL SWIMMING NB - 750 750 ROSS, EMILY ORIENTEERING NB 750 - 750 ROUSSEL, JULIEN CYCLING NB 375 - 375 ROUSSEL, JULIEN CYCLING NI3 - 375 375 RYAN, DONALD (COACH) WRESTLING NB - 1,500 1,500 SAPIER, MACKENZIE WRESTLING NB - 750 750 SCARROW, CHARLES (COACH) ATHLETICS NS 500 - 500 SCULLY, KEVIN (COACH) WRESTLING NB 500 - 500 SEELEY, SCOTT WRESTLING NB 1,500 - 1,500 SHAVER, WHITNEY WRESTLING NB - 375 375 SMITH, RANDY (COACH) JUDO NB 1,000 - 1,000 ST. PIERRE, VANESSA JUDO NB - 1,500 1,500 STEWART, SAMANTHA WRESTLING NB - 1,500 1,500 STUTLEY, TAYLOR TRACK AND FIELD NS - 375 375 SYMINGTON, NEIL CYCLING NB 375 - 375 TAYLOR, EMILY FIGURE SKATING NB - 375 375 THERIAU, CHRIS ATHLETICS NS 750 - 750 THURBER, MIKE WRESTLING NB 375 - 375 WADDEN, NICOLE TRACK AND FIELD NS - 375 375 WATTS, SIMON TRACK AND FIELD NS - 375 375 WHITE, MARC BEACH VOLLEYBALL NB 750 - 750 WIGHT, STUART CYCLING NB 1,500 - 1,500 ZWICKER, PATRICK (COACH) WRESTLING NB - 1,000 1,000 TOTAL INDIVIDUALS /COACHES 36.625 33,250 69ME5 DOYLE & CQ 12. 28 Chartered Accountants THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. SCHEDULE OF GRANT RECIPIENTS FOR THE YEAR ENDED DECEMBER 31, 2011 SPRING FALL RECIPIENT SPORT PROV 2011 2011 FUNDY MINOR FOOTBALL ASSOC. INC. FOOTBALL LACROSSE NEW BRUNSWICK LACROSSE SAINT JOHN TRACK CLUB TRACK AND FIELD TOTAL ORGANIZATIONS TOTAL GRANTS AWARDED LESS: UNCLAIMED GRANTS FROM 2010 NET GRANTS 129 TOTAL NB - 10,000 10,000 NB 10,000 10,000 NB - 10,000 10,000 - 30,000 30,000 S 36,625 S 63,250 99,875 S 98,025 TEED SAUNDERS DOYLE & CO. Chartered Accountants 5,10 Saint John Parking Commission Commission sur Ile stationnement de Saint John September 13, 2012 Mayor Mel Norton and Members of Common Council City of Saint John 8th Floor, City Hall Saint John, NB Your Worship & Councillors: 11 th Floor, City Hall, 11 i6me Etage, 116tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 41-1 Tel / T61: (506) 658 -2897 Fax / T616copieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca I understand that Common Council has appointed a new member to the Saint John Parking Commission to replace me. Furthermore, I wish to tender my resignation from the Saint John Transit Commission effective immediately. At this time, I recommend to Common Council to continue to follow the current practice of appointing members to serve on both the Saint John Transit Commission and the Saint John Parking Commission concurrently. In closing, I would like to thank Common Council for the opportunity to serve the City of Saint John over the past several years as a member of both the Saint John Parking Commission and the Saint John Transit Commission. Sincerely yours, C 7 l Christoph . Titus /vf www.saintjalV.ca SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C. P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L 1 CHRISTOPHER WALDSCHUTZ Chair/ President MARY - EILEEN O'BRIEN Vice Chair/Vice President JONATHAN FRANKLIN Secretary/Secr6taire MAYOR MEL NORTON Commissioner /Commissaire KAREN KEILLER Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire GREG NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/T616phone (506) 674 -4142 Fax/T616copieur.- (506) 648 -3304 E- mail /Courriel: policecommission(u)saintiohn. c a rti Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir PUBLIC SESSION September 13, 2012 M&C 2012 -240 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Skills Matrix - Saint John Board of Police Commissioners On June 4, 2012 Council adopted a resolution requesting that all agencies, boards and commissioners create and submit a skills matrix to Council so that when there is a deficit in their membership it can be appropriately filled. I am pleased to submit the skills matrix for the Saint John Board of Police Commissioners for your records. Respectfully submitted, Christopher Waldschutz Chairman Saint John Board of Police Commissioners CW /jaf Encl. 131 L O N N E E O U U O a O L f0 O m O t O n a-.+ V) 'L N fa O a z o o `) � N � O Z Q- v (� cn N D O = N cU Op X X a 00 4 _w = o X X X X m OA N 0 O Q Z Q0 O O � N O >: Z � C N W J N X X X FU Y � J Y Z i co O C:- X X a O N O LL ro a W 40 � (/) =5 O X X X tw N 2 O U Q N bo Q i H- 4) O v 4) Q to t E OD i O 4) i c U N .c 4) c X- � C 4) E � O '� c0 L u to U 4) i i U cn Y Q J 132 O O X 4) N 4) E 7 v- i O a m 'v C O u c O E O U c t O c N A 4) Q 0- tp O U C 7 O U c O E O U c t O C N Y U �3 c O m` 4) Z O 4) u c O L a- () C O Q Q El U c O U c CO C O U c t O C V) .Q 4) _C O Q O_ a r4 N M 4 O v.- 4) LIO 4) bo C v a c L 4J O N 0 E E O U Q 4) U v 4J 4) N c O u H L co 4J O c-i O C C 7 E �X f6 E t 4- .3 m 41 a O Q 7 4) CN C N L v c v L O U O c O U C O v m C 4) E C O CL Q. 4) L C" SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada EX 4Ll Bureau des Commissaires du Service de Police de Saint John C. P, 1971 Saint John Nouveau - Brunswick Canada E2L 4L 1 CHRISTOPHER WALDSCHUTZ Chair/ Pr6sident MARY- EILEEN O'BRIEN Vice Chair/Vice President JONATHAN FRANKLIN Secretary/Secretaire MAYOR MEL NORTON Commissioner /Commissaire KAREN KEILLER Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire GREG NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secr6taire Administrative Telephone/Tel6phone: (506) 674 -4142 Fax/T616copieur.- (506) 648 -3304 E- mail /Courriel: ,00licecommission (Dsaintiohn.c a r�1 Explore our past/ Explorez notre passe Discover your future/ D6couvrez votre avenir PUBLIC SESSION September 13, 2012 M &C 2012 -239 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - Citizen Online Crime Reporting System In response to Council's resolution on July 23, 2012 requesting that the Police Commission investigate the implementation of a Citizen Online Crime Reporting System, we wish to advise that the following resolution was adopted at the Saint John Board of Police Commissioners meeting on Tuesday, September 11, 2012. "RESOLVED that the Saint John Board of Police Commissioners advise Common Council that an initial review, analysis and recommendation respecting implementation of a Citizen Online Crime Reporting System has been conducted, and it is the conclusion of the Board of Police Commissioners that Online Crime Reporting should be considered as a strategic initiative when preparing the next Saint John Police Force Business Plan." Respectfully submitted, 0 b�_) C,_� �j r Christopher Waldschutz Chairman Saint John Board of Police Commissioners CW /jaf 133 The City of Saint John September 181h, 2012 Mayor Norton, Deputy Mayor Rinehart And Councillors Subject: The Information Management Policy: Replacing the term "GARP" with the term "The Principles" Mayor Norton, Deputy Mayor and Councillors, Background On August 27th, 2012 the Mayor and Council approved the Information Management Policy for City of Saint John. Since approved, the City and other organizations received a directive from ARMA International to remove the term GARP from all collateral, both online and print by July 31, 2013. The Information Management Policy is therefore revised to remove the term "GARP" and to replace the phrase with the term "The Principles" as recommended by ARMA International. This revision appears on page 5 on the revised Information Management Policy. Recommendation: that Council approve the submitted revised Information Management Policy. Respectfully submitted, Elizabeth Gormley Common Clerk Attachments SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 134 Dear Region /Chapter Leader: The Generally Accepted Recordkeeping Principles have become a foundation for good compliance across the professional landscape, in three short years, far exceeding our expectations of their use and importance. Across one of those borders is an organization whose name could cause long -term confusion with ARMA International's use of the acronym "GARP ". Starting immediately, we are aggressively moving away from the use of the short -hand "GARP" in favor of utilizing a more singular and encompassing name "The Principles." By doing so, we feel that we will be able to utilize The Generally Accepted Recordkeeping Principles in a more complete and effective manner, to the wide professional audience in need of such guidelines. However, it is also incumbent upon us to stress that ongoing use of the term "GARP ", starting immediately, could result in litigation upon individual chapters from a third party, should they fail to cease and desist from all future and new usage. This includes: • Published or newsletter references • PR and Social Media • Or any new printed piece of promotional collateral using the term "GARP" ARMA International will not be able to assist in covering the cost of litigation facing a chapter. As an organization, ARMA International will also be compliant in moving the brand of The Generally Accepted Record keeping Principles to new heights moving forward in favor of The Principles, by following these criteria: • Immediately ceasing all new usage of "GARP" • Removing "GARP" from all collateral, both online and print by July 31, 2013 As always, your partnership and participation within ARMA International's chapter leadership is a valued and appreciated commitment. We also are grateful for your attention to this matter as we move onward and upward, pushing The Principles to new and existing audiences. Many thanks, Marilyn Bier, CAE CEO, ARMA International 135 Information Management Policy for the City of Saint John INFORMATI4 MANAGEMENT Document Title: Information Management Policy Document Type: Policy No. of Pages: 10 Scope: Applies to the City of Saint John Policy No.: Revision No.: Revision History: Supersedes the Records Management Policy for the City of Saint John approved by Common Council on April 28, 2008 Revises the Information Management Policy for the City of Saint John approved by Common Council on August 27`h, 2012, by replacing the term "GARP" appearing on page 5 with the term "The Principles" Date Created: Council Approval Expiry Date: Contact: Date: YYYY -MM -DD Corporate Records Manager 2012 -09 -18 YYYY -MM -DD (2 years from Office of the Common Clerk approval date) 136 Information Management Policy for the City of Saint John TABLE OF CONTENTS 1. PURPOSE ......................................................................................................... ..............................3 2. POLICY STATEMENT ........................................................................................ ..............................3 3. SCOPE ............................................................................................................. ..............................3 4. POLICY CONTEXT ............................................................................................ ..............................3 5. LEGISLATION AND STANDARDS ...................................................................... ..............................4 6. INFORMATION MANAGEMENT PROGRAM .................................................... ..............................5 7. INFORMATION MANAGEMENT SYSTEMS ...................................................... ..............................5 8. ROLES AND RESPONSIBILITIES ........................................................................ ..............................6 9. MONITOR AND REVIEW ................................................................................. ..............................7 10. IMPLEMENTATION ....................................................................................... ..............................7 11. AUTHORIZATION .......................................................................................... ..............................7 12. RESOURCES ................................................................................................... ..............................8 13. PROCEDURES ................................................................................................ ..............................8 14. GLOSSARY ..................................................................................................... ..............................8 15. INQUIRIES .................................................................................................... .............................10 4 137 Information Management Policy for the City of Saint John 1. PURPOSE Information is the cornerstone of a democratic, effective and accountable municipal government. Information must be managed throughout its lifecycle, allowing for an effective and responsive government. This policy will demonstrate that information management is a priority for the City. 2. POLICY STATEMENT The objective of this policy is to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability; transparency, and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations. 3. SCOPE The Policy applies to all programs and services within the City; this includes programs and services reporting to the City Manager, City Solicitor, Treasurer and Common Clerk. The Policy applies to all aspects of the City's programs and services, all records and information created during business transactions, and all business applications used to create records and information. 4. POLICY CONTEXT Information Management was recognized as part of the City's responsibilities in the Royal Charter 1785, and emerged as a distinct activity in a local government context in 1987, when the Provincial Archives introduced a document entitled Authorities Governing the Retention and Disposition of Records of the New Brunswick Municipalities. An Electronic Information Management System (EIMS) was introduced by the City in 2005 using Laserfiche as the software technology. In 2012 further information management responsibilities are required by the City to be compliant with the Right to Information and Protection of Privacy Act. Digital records and information management has been underdeveloped throughout the City and information is not consistently lifecycle managed. In the electronic environment (e.g. e- administration, e- government, e- commerce), records and information processes will increasingly be automated and supported by automated records systems. This is apparent in several projects, such as the Saint John Information Management (SJIM) project, the RTIPPA program, and recent acquisition of specialized automated records systems such as Caseware (Audit Software) and Taleo (Performance Appraisal software) to manage records. The City is embarking on a new approach to manage its information assets in an EIMS that integrates Laserfiche with SharePoint 2010 (LfSP). There are approximately 600 employees using computers across the City and almost all of them creates or works with public records and information. With the new strategy, employees will be required to work within the EIMS and be accountable for accurately identifying information created and stored in the system. Automated systems for managing information, such as but not limited to, the City Website (public portal), Njoyn (Recruiting software), Taleo (Performance Appraisal software) Sungard HTE (Work Orders 138 Information Management Policy for the City of Saint John Software), Caseware (Audit Software), CLASS (Leisure Services contracts software), ATIPXpress (RTIPPA software) will comply with International Standard Organization (ISO) functional requirements for management systems for information and follow legislative and business requirements. The Office of the Common Clerk will develop all information management strategies, and is responsible for the design and review of all information management practices. Implementation will be at the program and service level in accordance with the Policy and operational requirements. S. LEGISLATION AND STANDARDS The City acknowledges the following laws that relate to records and information management: • Charter of The City of SointJohn, 1785 (U.K.) Geo. III as amended • Archives Act, S.N.B. 1977, c.A -11.1 as amended • Community Planning Act, R.S.N.B. 1973, c.0 -12 as amended • Electronic Transactions Act, S.N.B. 2011, c.145 as amended • Evidence Act, R.S.N.B. 1973, c. E-11 as amended • Municipalities Act, R.S.N.B. 1973, c.M -12 as amended • Official Languages Act, S.N.B. 2002, c.0.0.5 as amended • Personal Information Protection and Electronic Documents Act, R.S.C. 2000, c.5 as amended • Public Records Act, S.N.B. 2011, c.212 as amended • Right to Information and Protection of Privacy Act, S.N.B, 2009, c.R -10.6 as amended The Information Management Program will develop records and information management systems that capture and maintain records and information with appropriate evidential characteristics in accordance with its obligations under the above -noted statutes. The City acknowledges the following standards that relate to records and information management: • CGSB- 72.11.93 Microfilm and Electronic Images as Documentary Evidence, Canadian General Standards Board • CGSB- 72.34 -2005 Electronic Records as Documentary Evidence, Canadian General Standards Board • ISO 15489- 1:2001 Information and documentation — Records management Part 1: General, International Organization for Standardization • ISO 15489 - 2:2001 Information and documentation — Records management Part 2: Guidelines, International Organization for Standardization • ISO /TR 15801 -2006 Electronic Imaging — Information Stored Electronically — Recommendations for Trustworthiness and Reliability • ISO 19005 - 1:2005 PDF /A, International Organization for Standardization 4 139 Information Management Policy for the City of Saint John • ISO 23081 - 1:2006 Records Management Metadata, International Organization for Standardization • ISO 30300:2011 Information and documentation — Management systems for records — Fundamentals and vocabulary • ISO 30301:2011 Information and documentation — Management systems for records - Requirements • DoD 5015.2 -STD Electronic Records Management Software Application Design Criteria Standard, USA Department of Defense • The Sedona Canada E- Discovery Principles, the Sedona Conference The City acknowledges the following best practices that relate to records and information management: • Local Government Resource Manual, Section 6 - Records Management, Province of New Brunswick • Guideline for Outsourcing Records Storage to the Cloud, ARMA International, 2010 • Guideline for Evaluating Offsite Records Storage Facilities, ARMA International, 2007 • Website Records Management, ARMA International, 2009 • Generally Accepted Recordkeeping Principles ('CARP!), ARMA International, 2011 -------------- ----- --- 6. INFORMATION MANAGEMENT PROGRAM The Information Management Program provides strategic guidance and support to the City to achieve a service - based, results oriented, high performance public service organization. The Information Management Program can improve the efficiency and effectiveness of the operations of the City by: • providing better use of resources (space, time, people, money) as valuable time and energy can be wasted trying to find information when there is not an adequate filing system in place • meeting operational requirements (e.g. number of years minutes, financial records are kept) • meeting administrative requirements (day to day activities) • meeting legal requirements (for compliance with laws and for protection and support during litigation) • meeting fiscal requirements (records required for audit) • preserving valuable information The Information Management Program will provide the right information to the right person at the right time. The Information Management Program also includes a records management service, archives service, records filing centre service, and forms management service. 7. INFORMATION MANAGEMENT SYSTEMS The City's information management systems are dedicated to the creation, maintenance and protection of authentic, reliable and usable records and information for as long as they are required to effectively and efficiently support business functions and activities. 5 140 Comment [API]: Remove GARP insert The Principles J Information Management Policy for the City of Saint John The City adopts the Municipal Records Authority for New Brunswick, developed by the Provincial Archives of New Brunswick and the Association of Municipal Administrators of New Brunswick, as the uniform classification system and records retention and disposition schedule for records in all formats. The information management systems will manage the following processes: • creation, receipt or capture of information within the information management system • storage of information • protection of information integrity and authenticity • security of information • access to information • disposal of information in accordance with the approved disposal authority The City will consistently and uniformly manage information in all formats throughout its life -cycle from creation and receipt to final disposition. The City recognizes that the vast majority of its records and information are "born digital' and that the primary information management system is therefore an Electronic Information Management System (EIMS). Paper -based records of the City will be captured within this system through digital imaging. This EIMS is to be used in all programs and services of the City. 8. ROLES AND RESPONSIBILITIES The Office of the Common Clerk is responsible for developing Information Governance policy, directives standards and guidelines and tools. The Common Clerk is accountable for the Information Governance Policies and Program and delegates the day to day administration and implementation to the Corporate Records Manager. The Common Clerk is also the designated Head of the Right to Information and Protection of Privacy Act (RTIPPA) for the City. The Corporate Records Manager is responsible for overseeing the design, implementation, and maintenance of the Policy, administering the Information Management Program, overseeing lifecycle management of corporate records, stewardship of the SharePoint 2010 working architecture, control over the EIMS systems including quality assurance and metrics reporting, providing Records and Information Management training and awareness sessions as well as monitoring compliance. The Access and Privacy Officer is responsible for administering the Right to Information and Protection of Privacy Program; ensuring that privacy implications are considered in all the City's activities; advising the City on the appropriate privacy safeguards that need to be implemented when the City is collecting, using, disclosing and disposing of personal information; providing training and awareness sessions; and monitoring compliance. The Manager of Information Technology Services has the responsibility for the management of technology in service delivery for the City including responsibility for security such that the integrity and authenticity of records are maintained and for providing IT training to employees. The Manager of 141 Information Management Policy for the City of Saint John Information Technology Services is also responsible for providing adequate technological infrastructure to ensure the integrity of all electronic information assets. Ultimate accountability for holding employees responsible for complying with the City's policies including the privacy policies, standards and applicable legislation rests with the City Manager, City Solicitor and Common Clerk. Commissioners and Service Managers must provide management support and leadership by ensuring: • that employees are working with the EIMS and are held accountable for accurately identifying information created and appropriately stored; • effective organization of information throughout their units; • the sound implementation of investment decisions in the management of information and technology; • the ongoing performance measurement of the management of information; • employee compliance competency assessment in annual performance reviews; • that Records Coordinators with a sound knowledge of the information are assigned in the business unit; it is not suitable to assign casuals or summer students to perform the tasks of Records Coordinators as they lack the requisite knowledge to manage the unit's information and to make decisions concerning the lifecycle management and protection of the business units information assets; • that Records Coordinators (identified and designated at the business unit level) and Commissioners are responsible for supporting records and information management practices as defined by the Policy within their respective areas; and that • City employees are responsible for protecting all information within their realm of responsibility as defined by City policies, standards, guidelines, and applicable legislation. 9. MONITOR AND REVIEW The Policy is subject to review within two years from approval date. The Information Management Program will be subject to review and audits will be conducted by an audit committee established by the Office of the Common Clerk. The audit committee may be comprised of a cross - departmental internal committee or by an independent third party. 10. IMPLEMENTATION The Policy will be implemented upon approval by Common Council. 11. AUTHORIZATION This Policy has been approved by Common Council on MM -DD, 2012. 7 142 Information Management Policy for the City of Saint John 12. RESOURCES Print Resources The Municipal Records Authority for New Brunswick (MRA), Municipal Records Management Steering Committee of the Provincial Archives, and the Association of Municipal Administrators of New Brunswick (2011), Fredericton: Government of New Brunswick Office of the Common Clerk (2007), ERMS (MRA /RME Integration): File Plan and Disposition Instructions. Saint John: City of Saint John Human Resources The City recognizes that a Records and Information Implementation Team initially comprised of the Corporate Records Manager, Access and Privacy Officer and Records Coordinators will evolve into corporate Records and Information Management Committee as the program is introduced to business units across the organization. 13. PROCEDURES Information Management procedures will be developed in consultation with the Corporate Records Manager. 14. GLOSSARY Asset Anything that has value to an organization Capture A deliberate action which results in the registration of information into an information management system. For certain business activities, this may be designated into electronic systems so that the capture is concurrent with the creation of records. Classification / Classification System The systematic identification and arrangement of business activities and /or records into categories according to logically structured conventions, methods, and procedural rules represented in a classification system. Disposal /Disposition Refers to the range of processes associated with implementing information retention, destruction or transfer decisions which are documented in authorities or other instruments Disposition Schedule 8 143 Information Management Policy for the City of Saint John The records retention and disposition schedule gives the City authority to dispose of records it no longer requires. Also known as a retention schedule. Electronic Information Management System (EIMS) A recordkeeping system that manages electronic records and information throughout their lifecycle, from creation, receipt and capture through to their destruction or permanent retention and retains their integrity and authenticity while ensuring that they remain accessible. Also referred to as Electronic Management System for Records (EMSR), Electronic Records Management System (ERMS), Electronic Document and Records management System (EDRMS) Information Information generated or received by the City or its employees and used in the operation of our organization. Business information includes records, data, and documents stored in any form (e.g., paper, electronic, audio and video recordings, and imaging media). Information Management A discipline that directs and supports effective and efficient management of information in an organization, from planning and systems development to disposal or long -term preservation. Lifecycle of a Record The stages of activity between the creation or receipt of a record and its final disposition. There are five stages in the lifecycle of a record; namely, the creation, receipt, active use, semi - active use, infrequent (inactive) use and final disposition. Records are also said to have three ages based upon their reference or use: active, semi - active, and inactive. Provincial Archives of New Brunswick (PANB) The body responsible for selecting, acquiring, preserving records of historical or continuing value and making them available for future posterity. The PANB has determined the classification scheme and the records retention and disposition schedules for municipalities. The Municipal Records Authority for New Brunswick (MRA) The classification plan and mandatory retention schedule for municipalities in the Province of New Brunswick. Public Record The books, papers and records kept by or in the custody of an officer of the Province, a municipality or a rural community in the carrying out of his or her duty as that officer are vested in Her Majesty the Queen and her successors. Record 144 Information Management Policy for the City of Saint John Record means a record of information in any form, and includes information that is written, photographed or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records. 15. INQUIRIES For more information on the Policy, please contact the Corporate Records Manager in the Office of the Common Clerk. 10 145 oty i IDEAS f DIALOGUE FOR A BETTER SAINT JOHN z e n u e Douglas Avenue was very popular with families. 147 then... zrt ij now... `L1'7 it would be gradually revealed that these automobiles were the real inhabitants of the city, 150 OUR CITY- OUR FUTURE NOTRE MLLE • NOTRE AVENIR people ity IDEAS +[DIALOGUE FOR A BETTER SAINT JOHN 151 2 3 4 5 6 152 153 iIMI 7uq ldk. • iWei ay `l•" N W-01 r�L MISS] Or IN dy At 1100111 161 from to permanent ` "M A- N- i I M VI I.j r ,ww4vd OWL SIN J, 1 Jet PAP".1onsw9cm -- . `MSAI Ch 165 166 1 2 3 4 the ask 167 0 oty peopleci IDEA + DIALOGUE FOR A BETTER SAINT JOHN fi[lol:3 REPORT TO COMMOP -d COUNCIL September 17, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 80 Kierstead Road Proposed Rezoning BACKGROUND: 77 City of Saint john On September 10, 2012 Common Council gave First and Second Reading for an application to rezone the above property from `B -2" General Business to "IL -1" Neighbourhood Institutional in order to facilitate the establishment of a group care facility for up to 14 adults. During the meeting, Council expressed concern regarding the lack of a detailed site plan that included the provision of the required amount of off-street parking. Council asked staff to prepare a site plan and a brief discussion that addressed the off - street parking prior to giving Third Reading. ANALYSIS: As discussed in the report to Council, the City's Zoning Bylaw requires a group care facility to have one parking space per every six beds in the facility. The minimum number of required off - street parking spaces for the proposed 14 bed group care facility is therefore two spaces. The attached site plan illustrates that the site can more than adequately address this need. In addition to the two garages and the parking space to the western side of the building abutting Kierstead Road, the side yard to the cast of the building has adequate space for several more vehicles. The site plan illustrates one possible configuration that easily enables a minimum of seven spaces, although the eastern area of the property could clearly handle more parking spaces if necessary (see attached photos for visual reference). 169 M & C — 2012 — 246 - 2 - September 17, 2012 RECOMMENDATION: That Common Council give Third Reading to rezone the property at 80 Kierstead Road from `B -2" General Business to "IL -1" Neighbourhood Institutional. Respectfully submitted, 7)111w Fir• Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager JK Project No, 12 -202 170 VA IL IX \ i A a Lengft I 5.80 rtt k r .• - jr R SO Kierstead Road: Off - Street Parking Figure 3: Single Parking Space beside building Figure 4: First parking garage s ilrl'lit Figure 5: Parking at rear of building Figure 2: Second parking garage Figure 1: Parking at rear of buij" (opposite view) BY -LAW NUMBER C.P. 110 -201 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID No. 00413799, from "I -3" Light Industrial Park to "IL-l" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRETE No C.P. 110 -201 ARRFTE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arrdtd sur le zonage de The City of Saint John, decr&6 le dix -neuf (19) decembre 2005, est modifi6 par: 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 636 metres carr6s, situ6e au 80, chemin Kierstead, et portant le NID 00413799, de zone d'edifices A logements multiples de trois 6tages « RM -1 » a zone de quartier a vocation collectif « IL -1 » conform6ment a une r6solution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur Furbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - September 10, 2012 Premiere lecture - le 10 septembre 2012 Second Reading - September 10, 2012 Deuxieme lecture - le 10 septembre 2012 Third Reading - Troisieme lecture - 173 GROWTH & DEVELOPMENT SERVICES / SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING I REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John P, Sti ch. Kierstead Rd. FROM / DE TO t A 1 -3 IL -1 Light Industrial Park / VOW-4t-11 Neighbourhood Institutional / zone d'ndustrie legere zone de quartier A vocation collectif Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement A une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Sunstar Ltd. Location: 80 chemin Kierstead Road PID(s) /NIP(s): 00413799 Considered by P.A.C. /considers par le C.C.U.: August 21 aout, 2012. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistrs le: By -Law # /Arrete # Drawn By /Crese Par: David Couture Date Drawn /Carte Creee: September 13 septembre, 2012. 174 Section 39 Conditions — 80 Kierstead Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID Number 00413799, be subject to the following conditions: a. The proposed group care facility is limited to a maximum of 14 residents; and b. The required concrete curbing be installed and verification provided by the owner's engineering consultant that the catch basin and drainage swales have been constructed as per the approved plans. c. The zoning of the property be reverted to the previous zoning should the application for the proposed group care facility be denied by the provincial Department of Social Development. 175 The City of saint Jolty September 24, 2012 Deputy Mayor Rinehart and Members of Common Council Deputy Mayor and Councillors: Subject: 360 Review Background: In the coming weeks, months and years we are going to be asking for a great deal of our staff. We and they will have to frequently go beyond the call of duty. It is important as leaders that we understand how we are being effective and ineffective in our interactions with staff. Do we derai work underway or do we facilitate greater productivity, moral and loyalty. One of the most effective tools by which to judge effectiveness as a leader is to ask those that you lead to perform a 360 Review. This review provides feedback that is candid and clear. Motion: That the city manager arrange for senior staff to complete a confidential 360 Review of members of council the results of which would only be shared with the individual who is reviewed and the Mayor. Further, that Council complete a 360 Review of the Mayor. Mel Norton Mayor City of Saint John (received via email) (i nT itc)IIIN P.O. &ix '1971 'gain, J &nj 14K Canada E2L 4L1 I www.-sai gohn.r z ! C.P. '1971 Saint John, K -6_ Ginzada UL 4U 176 a The City of Saint John September 24, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: By -Law Number M -27 Amendment All skateboarders should wear an approved helmet when they ride. It is a positive way to reduce the risk of brain and head injury in the event of a crash and /or collision. The following is an excerpt of events that give rise to this motion: "Recently Josh Dillon was horrifically hurt on August 4th. He was on a skateboard for the Ist time, without a helmet, because there is no law that says they have to wear one and he suffered a severe brain trauma. He had about four chunks taken out of his skull during the fall, he had three seizures upon arrival at the SJRH, was put in an induced coma, had two holes in his head to allow for the pressure and fluid build up. On Monday, August 6th he had to have brain surgery, at which time he had pieces of his skull removed and frozen. They will remain frozen for 6 to 8 weeks. He had a tracheotomy done also. Fortunately Josh is recovering and was recently moved to the Stan Cassidy Centre in Fredericton today." Many of the head trauma cases health professionals treat are preventable and the law can help reduce the number of cases. Additionally, the law can be an effective vehicle to provide education and promotion of best practice. Overall, it can be suggested that where bicycle helmet legislation exists, helmet use is higher and head injury rates related to cycling have dropped. Therefore, this motion aims to encourage the same positive trend amongst the skateboarding community. Motion: (1.) Direct the City Solicitor to amend by -law M -27 to include the mandatory use of an approved helmet. (2.) That the amendment be referred to as Josh's Law. Respectfully Submitted, Greg Norton Councillor (Ward 1) City of Saint John T d via email) SAINT " 1OHNI PO. Box 1971 Sdain� John, NO Canada EA 41A 1 wmv&Angohn.c:a I C.P. 1971 &iintJohn,, N • Can_ida E2L41 177 The tatty of Saint John September 24, 2012 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Amendment to Procedural ByLaw Motion: That we amend the Procedural Bylaw if necessary to add a permanent number to our regular open meeting for the Supplemental Agenda items, could be number 16 and we also add another additional permanent number could be number 17 for Items from Committee of the Whole Meeting. If we use same agenda numbers every week then everyone will become accustomed to the system and it will work much better. It is so confusing for everyone including our Common Clerk the way that we presently proceed with our agenda, we lift items from the table that we actually never placed on the table. We have been doing this with each Supplemental Agenda item and I cannot understand what reason we have for doing this, it is most confusing for all of us, so why not make it easy and if we have items in our Supplemental Agenda then they will always be under item number 16 and no lifting from the table. On a further note, items from Committee of the Whole should be under same number item which could be number 17, same every week less confusing for everyone including the public. If no items then just leave agenda number on with no items. The adjournment would be our last agenda number which would be number 18. Shirley McAlary Councillor (received via email) ,SAINT JOHN P.O. Box 1971 Saint John, NB Canada E22L 4L1 I wwtmmintjohn.ca I C.P. 1971 Saint John, NA. Canada E21-41-1 178 September 14, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Truck Routes In the meeting of September 10, 2012 the following resolution was adopted: "RESOLVED that the City Manager be directed to examine the truck routes in Saint John and make recommendations to improve public safety." I would like to recommend that Chesley Drive and Douglas Avenue be eliminated as truck routes. All East to West trucking would be directed to the highway and they would use the closest off -ramp to their destination. Motion: That Council direct the City Manager to investigate the elimination of Chesley Drive and Douglas Avenue as truck routes. Respectfully Submitted, (Received via email) John MacKenzie Councillor (Ward 2) City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 4L1 I wwwsaingohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 41-1 179 ®�c i s The City of Saint John September 24, 2012 His Worship Mayor Norton, Deputy Mayor Rinehart and Councillors Subject: Committee System Form of Government Mayor Norton, Deputy Mayor and Councillors, At the Common Council Meeting of September 4'h, 2012, the following resolution was adopted: "RESOLVED that the Committee system form of government be referred to the Common Clerk to be placed on the next available Council agenda; and further that the Common Clerk be directed to provide Council with information on other New Brunswick municipalities that are currently using a committee system." Please find attached a brief overview of several New Brunswick municipalities, some of which currently use a committee system form of government, Also attached are some Canadian municipalities that currently use the committee system for your information. Sincerely, Elizabeth Gormley Common Clerk Attachments (i�� 8AINIr' JOHN RO, Box 1971 Saint Jol in, NB Canada UL 4Lt I www.saintjohn.ca I C. P. 1 971 Saint John, NA. Canasta E2L 4L1 180 Following is a list of some NB municipalities that follow a Committee System form of Government: City of Fredericton, NB Fredericton regular council meetings are held the second and fourth Monday of the month. Council -in Committee meetings are held the second and fourth Monday of each month. Standing committees consist of the following: • Development Committee — meets 3'd Tuesday /month @ 12 noon • Community Services Committee — meets 2 "d Thursday /month @ 12 noon • Finance & Administration Committee — meets 4t'' Wednesday /month @ 12 noon • Information Technology Committee — meets on an as needed basis • Planning & Priorities Committee — meets on an as needed basis • Public Safety & Environment Committee — meets 151 Tuesday /month @ 12 noon • Transportation Committee — meets 3`d Thursday /month @ 12 noon City of Miramichi, NB Regular Council meetings are held monthly, although special meetings are held throughout the month. Committees consist of the following: • Infrastructure & Capital Works Committee • Protective Services Committee • Transportation & Utilities Committee • Community Development & Tourism Committee • General Committee • Finance and Administration Committee City of Dieppe, NB Common Council meetings are held on the second and fourth Mondays of every month in the council chambers. in July, August and December, meetings are held only on the second Monday of the month. Committees consist of: • Accessibility — meets a few times per year • Transportation and Public Safety — meets as required • Equal Opportunity between Women and Men — meets as required • Heritage — meets a few times per year • Promotion of French — meets as required 181 Village of New Maryland, NB The New Maryland Village Council meets for its regular meetings on the third Wednesday of every month. The Council holds both regular meetings and "Council -in- Committee" meetings. Committees consist of: • Emergency Response Plan Committee - The Emergency Response Plan Committee holds its regular monthly meetings on the third Tuesday of each month. Meetings commence at 3pm • Finance Committee - The Finance Committee holds its regular monthly meetings on the first Wednesday of each month. Meetings commence at 6:30pm • Human Resources & Administration Committee - Meetings are held on a monthly or as- needed basis • Planning Advisory Committee - The Planning Advisory Committee holds its regular monthly meetings on the first Monday of each month. If Monday is a holiday, the meeting is held on the following Monday. Meetings commence at 7:00pm • Recreation & Leisure Services Committee - Regular meetings will be held on the last Monday of each month and or as required • Transportation & Protective Services Committee - The Transportation and Protective Services Committee holds its regular monthly meetings on the second Wednesday of each month. Meetings commence at 7:00pm • Water & Wastewater Committee - The Water and Wastewater Committee holds its regular monthly meetings on the fourth Wednesday of each month. Meetings commence at 7:00pm City of Campbellton, N.B. Council for the City of Campbellton consists of a Mayor and six councillors. Regular council meetings are held every second Monday of the month and are opened to the public. There are seven Committees of Council: • Finance /Administration & By -laws, • Public Works & Water & Sewer Utilities • Public Protective Services • Community Services/ Recreation/ Youth • Commercial Industrial Development • Community Planning/ Housing • Tourism/ Waterfront/ Beautification The standing committees meet at least once every three months and may meet at any other time as determined by each committee. City of Edmundston, N.B. Generally speaking, holds one regular public meeting per month, which is held on the third Tuesday of the month at 8 p.m. in Council Chambers, except if decided otherwise by Council through a special resolution. Standing, special and/or select committees shall be in place to study issues and make recommendations to Council. :. Town of Hampton, N.B. Mayor and Council meet for Regular Council Meetings on the second Tuesday of the Month in Council Chambers located in the lower level of the Town Hall. Executive Committees of Council • Finance Committee - This Committee will meet at the call of the Chair • Health Care Committee - This Committee will meet at the call of the Chair • RCMP (Protective Services) - This Committee will meet at the call of the Mayor • Fire - Rescue (Protective Services) • Human Resources Committee - This Committee will meet at least quarterly or at the call of the Chair. Staff support will include the CAO Committees Required by Statute • Emergency Measures Organization (Hampton EMO) - This committee will meet at the call of the Municipal Emergency Measures Director /Coordinator • Joint Health and Safety Committee Standing committees of Council: • Leisure Services Advisory Committee - This Committee will meet at least quarterly or at the call of the Chair • Utilities Commission - This Committee will meet at least quarterly or at the call of the Chair • Environment Committee - This Committee will meet at least quarterly or at the call of the Chair • Economic Development and Tourism Committee - This Committee will meet at least quarterly or at the call of the Chair. • Public Works Advisory Committee - This Committee will meet at least quarterly or at the call of the Chair Committees Required by Statute • Planning Advisory Committee - This Committee will meet monthly or at the call of the Chair Some of the standing committees also have subcommittees. Town of Sussex, N.B. The Town of Sussex is governed by a Town Council consisting of a Mayor, and 7 Town councilors. The Town of Sussex Council meets on the third Monday of each month. The Council holds one regular Council meeting each month in the Council Chambers. This meeting is on the 3rd (third) Monday of each month or the following Monday. 183 At the inaugural meeting of Council, the following Standing Committees shall be appointed by the Mayor: • Committee of the Whole; • Administration Committee; • Works Committee; • Human Services Committee; • Protective Services Committee; and • Economic Development and Long Range Planning Committee The standing Committees shall meet at least once a month and may meet at any other time as determined from time to time by each Committee. The following are examples of NB municipalities that do not have a Committee System form of Government: • City of Bathurst • City of Moncton • Town of Oromocto • Town of Quispamsis • Town of Rothesay • Town of Riverview • Town of St. George ., Following is a list of some Canadian municipalities that follow a Committee System form of Government: City of Barrie, Ontario Regular meetings of City Council are held on alternating Mondays at 7:00 p.m. (except during July), unless otherwise specified by resolution of Council and except when Monday is a holiday. Committees consist of the following: • General Committee — composed of all members of Council; meetings are held every other Monday @ 7:O0pm • Reference Committees - City Council has created four Reference Committees, which report to Council when required within the terms of their mandate. • Community Services Committee • Finance and Corporate Services Committee • Development Services Committee • Transportation and Economic Development Committee Committee Calendar City of Kitchener, Ontario Upcoming Council Meetings: (held on Mondays, but sporadic) - Sept 17`h; Oct 15`; Oct 22nd; Nov 1 gth; Dec 3rd; Dec 17`h Standing Committees consist of the following: Comprised of all members of city council, recommendations derived from standing- committee meetings are then submitted for approval at the next city council meeting. Kitchener has three standing committees: Community and infrastructure services committee Planning and strategic initiatives committee Finance and corporate services committee City of Hamilton, Ontario Regular Council meetings are held the every second Wednesday (with a few exceptions) beginning at 5pm. Committees consist of: • Audit, Finance & Administration — meets 2 "d Monday of each month • Board of Health — meets 3rd Monday of each month • Emergency & Community Services — meeting dates not stated • General Issues Committee — meets 1 s` and 3rd Wednesday; or as required • Planning Committee — meets I" and 3rd Tuesday of each month • Public Works — meets 1s` and 3rd Monday of each month • Advisory/Sub Committee — meeting dates not stated 185 City of Charlottetown, PEI The City of Charlottetown Council meets on the second Monday of each month. In the event that the second Monday falls on a holiday, the Meeting of Council will be held the Tuesday following the holiday. Council Meetings traditionally begin at 7:00 p.m. During the months of June, July, August, and September they begin at 4:30 p.m. Committees consist of: • Administrative Services • Advanced Planning & Priorities • Economic Development & Culture • Parks, Recreation and Leisure Activities • Planning & Heritage • Protective & Emergency Services • Public Works, Street Lighting & Transit • Urban Beautification & Sustainability • Water & Sewer Utility City of Halifax, NS Council meetings are held weekly on Tuesday evenings with some exceptions ie: March Break and during months of July and August. Committee of the Whole meetings are every second & fourth Tuesday of the month or on an as required basis Community Councils consist of: • Chebucto Community Council - Meetings are normally held on the first Monday of the month except during July and August. • Harbour East Community Council - Council meets the first Thursday of each month (unless otherwise notified). • Marine Drive Valle & Canal Community Council - Meetings are held as required at various locations • North West Community Council - North West Community Council usually meets on the fourth Thursday of the month at 7:00 pm at various locations throughout the three districts. • Western Region Community Council - Western Region Community Council usually meets on the fourth Monday of the month at 7:00 pm • Peninsula Community Council - Peninsula Community Council will meet the second Monday of each month, as required. City of Calgary, Alberta Council meets the 2 "d Monday of every month beginning at 9:30am Standing Policy Committees consist of: • Community & Protective Services — meets the 1St Wednesday of each month • Transportation & Transit — meets the 3 Wednesday of each month • Planning & Urban Development — meets the 2nd Wednesday of each month • Utilities & Corporate Services — meets the 4t" Wednesday of each month • Priorities & Finance Committee — meets 2 "d Tuesday of each month :. City of Toronto, Ontario Regular Council meetings are held monthly; on a Tuesday beginning at 9:30am Standing Policy Committees are as follows: • Community Development and Recreation — meets once per month; usually 3 d Wednesday • Economic Development — meets once per month; usually 3 I Tuesday • Government Management - meets once per month; usually on a Thursday • Licensing and Standards - meets once per month; on a Friday • Parks and Environment- meets once per month; usually on a Friday Planning and Growth Management — meets once per month; usually on a Thursday Public Works and Infrastructure — meets once per month; usually on a Wednesday City of Edmonton, Alberta Council meetings are normally every 2 "d Wednesday of each month beginning at 9:30am; Public Hearings are held every 2 "6 Monday beginning at 1:30pm. Committees consist of: • Community Services Committee — meets twice per month on a Monday @ 9:30am • Transportation and Infrastructure Committee — meets twice per month on a Tuesday @ 9:30am • Executive Committee — meets twice per month on a Wednesday @ 9:30am • Utility Committee — usually meets monthly on a Tuesday @ 9:30am • Community Standards & License Appeal Committee — usually meets once per month on either a Tuesday or a Thursday @ 9:OOam • Council Services Committee — meets as required • Audit Committee — meets every 2nd month on a Monday @ 9:30am • City Manager & City Auditor Performance Evaluation committee — meets as required • Contaminated Gas Stations Task Force — meets as required • Independent Council Compensation Committee - meets as required City of Winnipeg, Manitoba Council meetings are held once per month, usually on a Wednesday. No meetings, either Council or Committee meetings, are scheduled during the month of August. Committees consist of: • The Standing Policy Committee on Downtown Development, Heritage and Riverbank Management — held once per month • The Standing Policy Committee on Finance -- held once per month • The Standing Policy Committee on Infrastructure Renewal and Public Works — held once per month • The Standing Policy Committee on Property and Development — held once per month • The Standing Policy Committee on Protection and Community Services — held once per month 187 City of Guelph, Ontario Guelph City Council meets the 1st and 4th Mondays of each month at 7 p.m Committees meet monthly and consist of: • Corporate Administration, Finance and Enterprise Committee • Community & Social Services Committee • Planning & Building, Engineering & Environment Committee Operations, Transit & Emergency Services Committee • Council Planning • Governance Committee r The My of SWnt John a September 24, 2012 His Worship Mayor Norton, Deputy Mayor Rinehart and Councillors Subject: Scheduling of Priority Setting Session Mayor Norton, Deputy Mayor and Councillors, Staff would like to cancel Common Council's priority setting session scheduled for Saturday, September 29th and reschedule this priority setting session to Saturday, October 27th at 8:30am. Recommendation: That Common Council: 1. Cancel the priority setting session scheduled for Saturday, September 29th, 2012. 2. Reschedule the priority setting session for Saturday, October 27th, 2012 at 8:30am. Sincerely Elizabeth Gormley Common Clerk P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.&iingohn.c:a I C.f? 197 i Saint Jahn, N. -B. Canada E2L 4L1 im City Solicitors Office Bureau de Pavocat municipal The City of Saint John SAINT JOHN September 14, 2012 Common Council of The City of Saint John Your Worship and Councillors: Re: Manawagonish Road Truck Route Traffic By -Law Amendment At its meeting on September 10, 2012, Common Council resolved to direct the City Solicitor to "put in proper translated form an Amendment to the City's Traffic By -Law that removes Manawagonish Road with limits Ocean Westway to Fairville Boulevard from Schedule K (Truck Routes) ". A municipality's authority to regulate truck routes is set out at subsection 113(1)(b.1) of the Motor Vehicle Act which reads as follows: 113(1) A local authority may make by -laws as expressly authorized herein and in addition to the provisions of this Act, but not in conflict therewith, for: (b.1) Regulating the control of traffic and the use of highways by commercial vehicles; ... Pursuant to said authority, the City proceeded to regulate the use of its municipal highways by commercial vehicles through section 19 of its Traffic By -Law. Subsection 19(1) of the By -Law provides that the streets set out in Schedule K to the By -Law are designated as "truck routes ". Subsection 19(3) provides that the driver of a commercial vehicle having a gross weight of 7,300 kilograms or more "shall not use any street within the city except a truck route, provided that such driver may, for the purpose of delivery or taking delivery of a load at a point of delivery within the city not immediately accessible to a truck route, and returning therefrom, use the truck route to and from the entrance therefrom nearest to the point of delivery and use the street not being a truck route which having regard to all the circumstances including the nature, condition and P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 190 Common Council City Solicitor September 14, 2012 Page 2 use of such street provides the safest and shortest route between a truck route and the point of delivery ". Subsection 19(5) exempts authorized emergency vehicles as defined at section 1 of the Motor Vehicle Act from the truck route restrictions within the City. Attached to this report is an Amendment to the Traffic By -Law the effect of which is to remove from Schedule K that portion of Manawagonish Road between Ocean Westway and Fairville Boulevard thereby effectively removing that strip of Manawagonish Road from the designated truck route within the City. Council may, if it wishes, give first and second reading to said amendment. Respectfully Submitted, Jo L. Nuge 4tl City Solicitor Enclosures 191 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICT)t CONFORMEMENT A LA LOI SUR LES VtHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19`h day of December, A.D. 2005, is hereby amended as follows: 1 Schedule K — Truck Routes - is amended by removing the following words under the following headings : Street Limits Manawagonish Ocean Westway to Road Fairville Blvd. 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. 2012 signed by: Par les presentes, Parretti de The City of Saint John intitule « Arrete relatif a la circulation dans les rues dans The City of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et les modifications afferentes », decrete le 19 decembre 2005, est modifie comme suit: 1 L'Annexe K — Itineraires pour camions — est modifiee par la suppression des mots suivants sous les titres suivants : Rues Limites chemin de la voie Ocean au Manawagonish boulevard Fairville EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2012, avec les signatures suivantes: Mayor /Maire Common Clerk/greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 192 The M of saint John OPEN SESSION September 10, 2012 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: 2012 DEBENTURE ISSUE BACKGROUND: The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund and 20 years for the Water & Sewerage Utility. Notice of motion was given at the August 13th 2012 meeting of Common Council regarding the need to borrow $24,500,000. In order to proceed with the debenture financing it is now recommended that the following be adopted. SAUT ;0111 PO. Box 1971 Saint. John, NB Canada E-?L 40 I wevwmfil�ohn.cl I C..P.1 971 Saint Jahn, NA. C anad i E2L 4L1 193 Page 2 RECOMMENDATION: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND Protective Services $ 500,000 Transportation Services $ 6,500,000 Economic Development $ 3,000,000 Parks and Recreation $ 1,500,000 WATER & SEWERAGE UTILITY Water System $ 1,000 000 Sewer System $ 7,500,000 SAINT JOHN TRANSIT TOTAL $ 11,500,000 $ $,500,000 $ 4.500.000 $ 24,500,00 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $24,500,000. 194 Page 3 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $24,500,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Respectfully sub Grego J /Yeomans, CGA, MBA CommWoner of Finance 195 i Y)� {t. 4��C -. ;it;•p P of T71e City of Saint John September 10, 2012 His Worship Mayor Mel Norton and Members of Common Council City of Saint John Your Worship & Councillors: RE: Pay & Display Parkins; Machine — Coin Selector Upgrade BACKGROUND: In the spring of 2012, the Royal Canadian Mint introduced new one dollar and two dollar coins which are made of multi -ply plated steel instead of alloy. As a result, businesses, municipalities and other organizations that use coin - operated machines have had to convert their equipment to accept the new coins. It is necessary that The City of Saint John update its parking meters and pay & display machines. FINANCIAL IMPLICATIONS & ANALYSIS: The City of Saint John has a total of 67 pay and display machines installed on several uptown streets. The cost for Precise Parklink to supply and install the new coin selectors was $509.54 per machine for a total of $34,139.18 plus HST. At the time of preparation of the 2012 capital and operating budgets, the timing of the introduction of the new one and two dollar coins was not known; for that reason, the cost for the conversion was not included in the budget. As well, it was necessary to reprogram the existing on- street parking meters to accept the new one and two dollar coins. The cost to complete the reprogramming was $3,860.65 plus HST. The funds to cover this expense were taken out of the Parking Administration operating budget. RECOMMENDATION: It is recommended that Common Council authorize the payment of $28,534.24 plus $3,709.45 HST, for the upgrade of 56 on- street pay and display parking machines as outlined in the quote submitted by Precise Parklink dated April 3, 2012. Respectfully submitted, /Gregory J e s, CGA, MBA Commissio r f Finance and Administrative Services SAU.NT IIOHN Ptl BUx 1971 5ahit john, NB Crutch E2L 4L1 .wwsarngoFn -C--j I C'.P 1971 Saint john, N. B. C: -mach E2L 4L1 196 REPORT TO COMMON COUNCIL September 6, 2012 M & C 2012 -234 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Westfield Road Speed Limit 71n 47 The City of Saint John On February 27, 2012 Common Council "resolved that the City Manager be directed to examine the speed limits on the Westfield Road from the Co -op to the new section at the Saint John Marina and report back to Council whether this entire section can be changed to 50 km per hour." This staff report is in response to this resolution. ANALYSIS There are currently three sections of Westfield Road where the posted speed limit changes. The speed limit from Route 177 at the northern extent of the road to approximately Clark Road #2 is 60 KM/H, from Clark Road #2 to immediately north of New North Road is 50 KM /H, and from New North Road to Bay Street is 60 KM /H. The map attached to this report illustrates these three sections. The speed limit on a street should be set primarily based on its physical characteristics. The number of curves and intersections, road width, asphalt condition, presence of crosswalks, sidewalks and bike lanes and other such characteristics most influence the speed that is perceived safe by motorists. Arbitrarily changing the speed limit can lead to increased violation of the speed limit and demand for more Police presence, among other negative side effects. Staff used Transportation Association of Canada's "Canadian Guideline for Establishing Posted Speed Limits" to analyze the appropriate posted speed limit(s) for Westfield Road. This guideline allows the various physical street characteristics to be evaluated and collectively weighted on a risk scale. The higher the risk, the lower the appropriate speed limit. Staff divided Westfield Road into two sections for the purpose of evaluation. The first section evaluated was between Route 177 and New North Road, which is the section Council directed the City Manager to evaluate. This section currently comprises a 50 KM/H and 60 KM/H speed zone. The second section evaluated was between New North Road and Bay Street with the current consistent speed limit of 60 KM /H. The two sections were divided based on their differences in physical characteristics. The second section was also evaluated as associated changes were already required in the City's Traffic By -Law to reflect the road's current status as a Municipal street instead of a Provincial Highway; it is currently reflected as the latter designation. 197 M &C2012 -234 September 6, 2012 Page 2 Initial conclusions from the evaluation indicated the appropriate speed limit for both sections is 60 KM/H. Further analysis for the Route 177 to New North Road section indicated that the results were very close to the threshold separating the 60 KM/H and 50 KM /H risk ranges. Even a minor change in characteristic, such as the addition of one more marked crosswalk to the section, would change the conclusion of the appropriate speed limit from 60 KM /H to 50 KM /H. Provided staff's understanding of this neighbourhood's objective for a lower speed limit coupled with the results of the further analysis, staff is comfortable recommending a 50 KM/H speed limit for this Route 177 to New North Road section. The second section of this street between New North Road and Bay Street should remain as currently signed at 60 KM /H. Common Council would need to authorize amendment to the City's Traffic By -Law to affect the change in speed limit and to appropriately reflect Westfield Road as being a Municipal street in this same by -law. RECOMMENDATION Staff recommends that Common Council: 1. Direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law as follows: • Delete Westfield Road with limits Jet. Route 7 to Morna Dr. from Appendix A (Speed Limits on Provincial Highways) • Delete Westfield Road with limits Morna Dr. to Ketepec Rd. from Appendix A • Delete Westfield Road with limits Ketepec Rd. to Keating Rd. from Appendix A • Add Westfield Road with limits Bay Street to New North Road to Schedule M -1 (60 KM /H Speed Limits) Respectfully submitted, ,�2_ n1 . V Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Manager, Pedestrian & Traffic Services Wm. Edwards, P.Eng. J. Patrick Woods, CGA Commissioner, Transportation & Environment City Manager .; M &C2012 -234 September 6, 2012 Page 3 Section 1 Clark Road #2 Route 177 Section 199 l/ REPORT TO COMMON COUNCIL M &C2012 -221 August 28, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2013 -2017) PURPOSE The City of Saint John The purpose of this report is to present for Council's approval a proposal for a Five -Year Capital Improvement Program (2013 -2017) for Provincially Designated Highways. BACKGROUND The City of Saint John annually submits a proposed Five -Year Capital Improvement Program to the Department of Transportation to fund renewals and upgrades on Provincially Designated Highways (PDH) and Regionally Designated Highways (RDH) within City limits. Upon consideration and approval by Council, the proposed program is presented to the Provincial Department of Transportation for the Minister's consideration. In a letter dated July 20, 2012 the Provincial Department of Transportation and Infrastructure requested the City's Five -Year Capital Improvement Program be submitted. Council adopted new guidelines for cost sharing of Provincially and Regionally Designated Highways in 2007 to see upgrades completed in a more timely manner. Prior to adoption of these guidelines, the Province was requested each year to contribute 100% of the funds needed to upgrade the Highway listed in the Five -Year plans. However, it became clear that Provincial contributions did not match the needs of this community. The following adopted guidelines, similar to those adopted by other New Brunswick municipalities, would see the City contribute a percentage of funds to the upgrade these Highways to expedite infrastructure improvements: 1. The City will contribute up to 50% of overall project costs where the estimated cost of asphalt resurfacing is 50% or greater of the estimated overall project costs. 2. The City will contribute the cost of asphalt resurfacing and the cost of upgrading its infrastructure (ie. sidewalks) where the estimated cost of the asphalt resurfacing is less than 50% of overall project costs. 200 M &C2012 -221 August 28, 2012 Page 2 3. On smaller projects, the City will consider funding the upgrade, with the understanding that it will request available financial support from the Province in the current or a future Provincial fiscal year. ANALYSIS Attached is the proposed Provincially Designated Highways Five -Year Capital Improvement Program submission for the period 2013 to 2017. While the City of Saint John maintains ownership and responsibility for Provincial and Regional Designated Highways running through the city, the Province of New Brunswick maintains control of these roads through the Highway Act resulting in an ongoing partnership. The Province has contributed $755,031.70 towards the reconstruction of Market Place from King Street West to St. John Street and asphalt resurfacing along Chesley Drive between Hilyard Street and Bentley Street and City Road between Garden Street and Haymarket Square that was completed in the 2011 construction season. While $350,000 was requested for the 2012 Capital Improvement Program, no Provincial funding was committed for the reconstruction and paving on Somerset Street between Wellesley Avenue and Samuel Davis Drive. A $1,100,000 City share was approved in the 2012 General Fund Capital Program. The updated budget estimate for the project based on the detailed design is $2,900,000. Council has pre- approved supplemental funding under the 2013 General Fund Capital Program to ensure this project is completed. While construction will begin in 2012, the majority of this infrastructure project along the major North -South transportation corridor will be completed in 2013. Because of this timeline, the City will request that the Provincial funding commitment for work completed in 2012 and 2013 be in the amount of $700,000 for this project. This request is consistent with previous average annual funding contributions from the Province. Global Preventive (Maintenance Resurfacing) - The 2012 resurfacing effort on PDH/RDH roads included approximately 11.98 lane kilometers at an estimated cost of $754,976.00. These projects were originally scheduled for completion in future years within the 5 year Capital Improvement Program (2012 — 2016) but will be completed in 2012. All 2012 resurfacing projects were fully funded by the City. Year Street From 2013 Chesley Drive Hilyard Street 2013 Chesley Drive Bentley Street 2013 Ludlow Street Prince Street 2014 Sandy Point Road Samuel Davis Drive 2015 St. John Street Market Place 2016 Bridge Road Reversing Falls Bridge 201 To Lane -Km Main Street 1.20 Reversing Falls Bridge 5.14 King Street West 0.27 Tucker Park Road 1.99 Lancaster Street 1.38 Main Street West 2.00 M &C2012 -221 August 28, 2012 Page 3 PDH /RDH surface condition - The 77.36 lane- kilometres of PDH/RDH streets are expected to be in an acceptable condition by 2017 although it must be emphasized that the street sections identified in this Capital Improvement Program from 2014 to 2017 for asphalt resurfacing should be completed prior to requiring total street reconstruction at five times the cost of resurfacing. In particular, a major section of St. Martin's Road from Loch Lomond Road to the City limits requires asphalt resurfacing prior to the end of 2014. Funding commitment levels from the Province in the listed project year will be required to achieve this goal. The Simms Corner Corridor (Fairville Boulevard from Bleury Street to Simms Corner, Simms Corner and Bridge Road) is also part of the Provincial highway system in the City. Provincial funding for the intersection realignment and road reconstruction project is significantly more than what is provided annually under this PDH Capital Improvement Program. Staff, therefore, continues to emphasize the need for a Provincial funding commitment outside the PDH program. The Province has not committed to funding for this project. Such a funding agreement and the acquisition of all lands necessary for the project's realignment must be finalized before this project can proceed. Further, Council will need to determine when it will be financially feasible to fund its share of this major project. RECOMMENDATION Staff recommends the following: 1. Adopt the attached Provincially Designated Highways Five -Year Capital Improvements Program for the years 2013 -2017. 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five - Year Capital Improvements Program for the years 2013 -2017 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. Respectfully submitted, X/114� R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment J. Patrick Woods, CGA City Manager 202 Wm. Edwards, P. Eng. Commissioner Transportation and Environment SUMMARY OF FUNDING FOR SPECIAL PROJECT SUMMARY OF FUNDING FOR PROPOSED PDH /RDH PROJECTS Year Other City Share Share 2013 $700,000 $2,100,000 2014 $360,000 $165,000 2015 $365,000 $155,000 2016 $200,000 $130,000 2017 $375,000 $225,000 Totals $2,000,000 $2,775,000 SUMMARY OF FUNDING FOR SPECIAL PROJECT MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 2013 Somerset Street (RDH) - Wellesley Avenue to Samuel Street reconstruction (storm sewer, 700,000 2,100,000 Davis Drive excavation, backfill, curb, sidewalk, landscaping), including design and construction management services 2014 Digby Ferry Road, Main (RDH) Digby Ferry Road (Lancaster Asphalt resurfacing including structure 360,000 165,000 Street, Smythe Street, St. to end), (PDH) Main Street adjustments and cold milling. (9.17LK) Station Street (Chesley Dr to Vaiduct -N, Viaduct -S to Union St), Smythe Street (Station St to Union St), Station Street (Smythe St to City Rd) 2015 Fairville Boulevard, (PDH) Fairville Blvd (Harding St. to Asphalt resurfacing including structure 365,000 155,000 Loch Lomond Road Simms Corner), Loch Lomond Road adjustments and cold milling. (8.80LK) (Airport Arterial to St. Martins Road) 2016 Somerset Street, Sandy (RDH) Somerset St (Paradise Row to Asphalt resurfacing including structure 200,000 130,000 Point Road, Barker St), Sandy Point Road (Tucker adjustments and cold milling. (6.48LK) Kennebecasis Drive, Park Road to Foster Thurston), King Street West, St. Kennebecasis Dr (Sommerville Ferry Martins Road Landing to Sandy Point Rd.), King St West (Ludlow St to Market Pl, (PDH) St. Martins Rd (Loch Lomond to City Limits) 2017 Rothesay Road (PDH) Rothesay Road (Rothesay Ave. Asphalt resurfacing including structure 375,000 225,000 to Pride Rock Ct.) adjustments and cold milling. (9.06LK) TOTAL COST (2013 $2,000,000 $2,775,000 Related Proiects Project Location Project Description Other City Share Share * ** Rothesay Road (PDH #100) - Ashburn Road to Pride Rock Storm sewer, (sanitary sewer ?),road TBD TBD Court widening, curb, sidewalk, landscaping, paving * ** Simms Comer Corridor - (PDH #100) - Fairville Boulevard - Simms Realignment of intersection including TBD TBD Special Route #100 Comer - Bridge Road Corridor construction management services (Catherwood Street to Reversing Falls Bridge) TOTAL: §_0 LO (�•s REPORT TO COMMON COUNCIL M &C 2012 -244 September 17, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Mispec Park Tender BACKGROUND The City of Saint John In response to a report submitted by City staff ( Mispec Park Update — M &C 2012 -153), during the July 16, 2012 meeting of Common Council, it was resolved that: "Common Council direct the City Manager to apply for funding under the Disaster Financial Assistance Program through the Province of New Brunswick for Mispec Park ". ANALYSIS AND FINANCIAL CONSIDERATIONS Following the resolution of Common Council, City staff proceeded to continue discussions with the New Brunswick Department of Public Safety (NBDPS) for the above -noted application. More specifically, City staff and NBDPS considered the installation of rip rap along the length of the shoreline as a means to potentially reduce the rate of erosion resulting from annual winter /spring storm surges and tidal action. On August 14, 2012, NBDPS confirmed that the Disaster Financial Assistance Program (DFAP) would likely cover this cost as well as the original proposal to install a new gravel walkway to the beach in lieu of the replacement of the existing wooden stairs that were damaged beyond repair. City staff proceeded to procure tender documents for the scope of work described above, which has a total estimated construction cost of approximately $320,000 plus HST. The DFAP covers the construction cost less the HST. Under the DFAP, the City of Saint John must pay the Contractor for the work, and then submit an application for reimbursement to the NBDPS. As such, the risk to the City is that work is completed, paid by the City, but not reimbursed by NBDPS. This is due to the fact that the NBDPS does not provide a formal written guarantee that costs will be covered 100 %, rather a Consultant (retained by NBDPS) makes these determinations during the construction phase. As previously mentioned, the City must pay the HST portion of all costs incurred. An HST rebate will apply, which amounts to a net cost of approximately $11,000, dependant on the final construction costs. Neither the initial construction cost (which is reimbursable under the DFAP), nor the amount of the HST been budgeted in the 2012 capital or operating budgets. The New Brunswick Department of Environment and Local Government (NBDELG) does not permit construction activities within 30m of a watercourse or wetland after September 30th in any given year. As such, NBDPS has 205 Report to Common Council Mispec Park Tender Page 2 of 2 recommended that work be completed in the spring of 2013. The application under the Disaster Financial Assistance Program will still be valid at this time. Due to the budgetary and regulatory restrictions described above, and as recommended by the NBDPS, it is recommended that the tender for the work be let in 2012, but construction be completed in spring of 2013. It is important to note that once the tender closes, it generally must be awarded to the lowest compliant bidder. At this point, whatever construction costs the NBDPS does not cover under the DFAP, the City will be responsible for in full in addition to the HST (less the HST rebate). INPUT FROM OTHER SOURCES Input from the Leisure Services, Legal, and Finance Departments of the City of Saint John was solicited during the preparation of this report. RECOMMENDATION Your City Manager recommends: 1) That Common Council approve letting the Tender for Mispec Park in 2012, including the construction of a new gravel walkway to the beach and the installation of rip rap along the slope of the shoreline. Respectfully sub itted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Ma ng Q ment Gregory J. Yeoy6ays, CGA, MBA Commission r, F nance and Administrative Services .d u-�4 P t 'ck Woods, CGA Ci anager 206 2.� REPORT TO COMMON COUNCIL M &C- 2012 -213 August 16, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Listing of City Parcels as Wetland Restoration Inventory BACKGROUND: City of Saint John ACAP Saint John and the NB Department of Environment initiated a project in 2010 to identify pre- screened properties suitable for wetland restoration alteration. This project had its genesis when all the stakeholders in wetland management determined that wetland compensation requirements associated with development were overly burdensome in finding suitable compensatory projects while pursuing development. A roster of pre- screened wetland restoration possibilities would be of benefit. The City of Saint John was asked to participate in the project; four parcels of City land were identified that could be considered for wetland restoration. When reviewed with ACAP, the four sites were found suitable for the project's inventory. Each of the sites has wetland habitat within its boundaries. Given current provincial wetlands regulations these sites currently have limited potential for development and therefore limited economic value. The list of these sites in the Department of Environment Wetland Restoration Inventory does not oblige the City to use or permit the use of these sites as wetland restoration sites. Registration merely identifies lands that may be developed for wetland restoration, not land that must be so developed. Should a developer want to use any of the City's four sites that developer would have to make a request of Council to use a specific site for wetland compensation 207 M & C-2012 - 213 - 2 - August 16, 2012 and would have to satisfy Council as to the viability of the developer's specific proposal for wetland restoration. Listing of City land in this inventory has several advantages. The inclusion of City land increases the likelihood of compensation monies and benefits being invested in the local economy. Wetland restoration of these four parcels improves environmental stewardship, the aesthetic and economic value of the adjacent lands. As well appropriately engineered wetland restoration can add socioeconomic value (ice skating, bird watching, etc.) and will contribute to the City's storm water management and flood mitigation strategy. The existence of pre- screened local wetland compensation options could be leveraged to increase the attractiveness of Saint John as an investment destination for developers, especially those looking to reduce the timelines associated with environmental approvals. Attached please find the Summary Report for the four City candidate sites for Wetland Inventory Restoration Projects. RECOMMENDATION: That Common Council resolve to register the following City owned parcels of land, PID Nos. 00429530, 42036, 55085492, and 299289, on the Department of Environment WetleRd Restoration Inventory Respectfully mans, CGA, MBA of Finance and Administrative Services /Treasurer Patrick Woods, CGA C y Manager 13I:111 No Saint John Wetland Restoration Inventory Potential Restoration Sites City of Saint John Properties 2011 SUMMARY 209 Introduction: The New Brunswick Department of Environment, in conjunction with the Atlantic Coastal Action Program (ACAP) - Saint John, have been collaborating on the development of an inventory of wetlands that would benefit from area or function restoration, while also improving wetland integration into the surrounding urban environment. Background: The objective of this two -year demonstration project was to conduct desktop analyses of existing wetland data (GIS, aerial photography etc.) with the view towards identifying priority candidate sites suitable for more comprehensive field assessments. Selected sites would be further screened for applicability through landowner consultations. Sites granted access for assessment through landowner permission received on -site visits to further evaluate suitability and functionality, and to determine how restoration measures could benefit the wetland and surrounding environment. In lieu of conducting formal wetland delineations, a field data sheet was completed during each site visit to determine the severity of impact to each wetland and to identify preferred options for restoration or enhancement. The overarching goal of this project is to develop a digitised inventory consisting of prioritized wetland sites with high restoration potential whose function will also incorporate the needs of the surrounding urban landscape (e.g. flood storage potential, et cetera). This report describes the potential for four properties owned by the City of Saint John to be utilised for wetland restoration activities. 210 City Snow Dump (Old Black River Road) Site potential: High Classification: Restoration Wetland Name: City Snow Dump Description of Existing- Environment and Location: The site is located on PID 00429530 in a heavily industrialized area and owned by the City of Saint John. The disturbed wetland area is approximately 3.0 ha in size. This former wetland area has been severely impacted on numerous occasions through the course of historical developments. Currently, the proposed site is an open area comprised of mixed fill with vegetation surrounding the perimeter. The topography of the site is flat with sloping sides due to the area being raised with fill and graded. The site is bounded to the north, east and west by commercial and industrial developments, with a naturalized area occurring along the southern edge. Hydrological disturbances are evident as the east and west sides are ditched with a small pocket of wetland on the east. Drainage from the site enters Hazen Creek which flows along the west side of the property and empties into Redhead Marsh which in conjunction with a shrubby field borders the southern end of the site. Standing water was noted on the site which also appears to have permanent saturated areas. This site has Iittle in the way of undisturbed vegetation, due largely to its history (former sewage lagoon, municipal in -fill site, currently a municipal snow dump) and the developed nature of the surrounding areas. The majority of the vegetation is limited to the south end of the site. The hydrophytic vegetation located within in the pocket of wetland would be a sufficient seed bank for future potential restoration efforts. Constraints to restoration efforts include the potential for contamination to exist below surface due to historical land uses. There is also an oil pipeline running across the entrance to the site and along the east side. The history of this site suggests it would be advisable to establish an elevated wetland area (versus excavation), perhaps by berming the area to be restored. The benefits from restoration include increased wildlife habitat and reduced sedimentation within Hazen Creek and Redhead Marsh. Wildlife species noted on site: amphibians and Canada geese 211 View of City Snow Dump site looking south west across site. View of City Snow Dump site looking south across site. 212 View of City Snow Dump site looking north at site entrance. View of City Snow Dump site looking beyond southern edge towards Redhead Marsh. 213 Image of sedimentation in Hazen Creek adjacent to City Snow Dump. View of pocket of wetland along the eastern edge of City Snow Dump site. 214 View of standing water on the eastern side of City Snow Dump site. View of Hazen Creek adjacent to the entrance of the City Snow Dump site 215 Charles Gorman Arena ((Tniversity Avenue) Site potential: High Classification: Restoration Wetland Name: Charles Gorman Arena Description of Existing Environment and Location: This site is owned by the City of Saint John and is located on PID 00042036 in a mixed commercial and residential area. The disturbed wetland area is approximately 1.5 ha in size. Currently, the area is a grassy field with a couple of small wet pockets that are supporting the growth of hydrophytic vegetation. The topography of the site is relatively flat with sloping sides perhaps from fill being deposited in the past. The potential site does have a gradual slope from north to south as evidenced from the ponding of water along the southern edge. The site is bounded by commercial development on the west and residential development along the east and south. The northern edge is bordered by a natural forested wetland giving it a great buffer on that side. It was noted that there has previously received a wetland delineation evidenced by delineation tape being observed along the edge of the site. Hydrological disturbances are not evident, but there is an unknown concrete structure on the potential site that needs further investigation. Drainage from the site appears to run from north to south. Standing water was noted on the site and there appears to be saturated areas present throughout the year. Due to the history of this site (agricultural, urban development) and the developed nature of the surrounding areas there is little in the way of undisturbed vegetation. The majority of the vegetation is limited to the north end of the site in the wetland. This vegetation would provide a sufficient seed bank for future restoration efforts. Some constraints when considering potential restoration efforts could be underground infrastructure. It has been noted that there is interest in restoring this wetland in such a manner that it could be value added by providing a winter outdoor recreational area (e.g. skating rink). The benefits from restoration are flood storage capacity, increased habitat, social recreational, educational and aesthetics. Wildlife species noted on site: waterfowl, amphibians. 216 View of Charles Gorman Arena site looking north east across site. View of Charles Gorman Arena site looking north across site. 217 View of Charles Gorman Arena site looking north across site. View of residential area to east of of Charles Gorman Arena site. 218 View of unknown structure on the Charles Gorman Arena site. View of unknown structure on the Charles Gorman Arena site. 219 View of the Charles Gorman Arena site looking west. 220 Todd Street (Glen Falls) Site potential: High Classification: Restoration Wetland Name: Todd Street Description of Existing Environment and Location: This site (owned by the City of Saint John) is located in a residential area on PID 55085492. The disturbed wetland area (— 6.5 ha in size) is mostly a field with grasses, shrubs and trees along the edges. The site is hummocky and difficult to traverse. Due to the large size and the division of this area by roadways, this site it could be separated into three individual segments dependent upon required future compensation needs. This former wetland area has been severely impacted several times by localised developments. Flooding during heavy precipitation events is prevalent in the surrounding areas. The middle segment (triangular) is bounded by residential dwellings on two sides and a road along the south side. The two segments located to the south of the middle segment are bounded by a road to the north and residential dwellings on the west and east sides. The south side is bordered by Marsh Creek. Hydrological disturbances are evident as the site has been subjected to severe ditching and drainage in an attempt to alleviate the flooding issues in the area. There are several high ditches ( >_ 2m) that bisect the site from west -east and a large drainage area that runs the length of the site perpendicular (N -S) to the ditches and empties into Marsh Creek. Standing water was noted on the site and it appears that the ditches and drainage areas are saturated throughout the year. Due to the history of this site (agricultural in the past and current residential development) and the developed nature of the surrounding areas there is little in the way of undisturbed vegetation. Hydrophytic vegetation was most prevalent in the ditches and drainage areas and would provide a sufficient seed bank for future restoration efforts. Constraints to potential restoration efforts include possible underground drainage infrastructure (not evident during field investigations). It would be a benefit to restore this site so as to increase flood storage capacity. It would also be beneficial for increased habitat, aesthetics and educational purposes. Wildlife species noted on site: frogs, waterfowl, fish, Great blue herons, variety of song birds. 221 View of Todd Street site looking east. View of the middle segment of Todd Street site. 222 View of the middle segment of Todd Street site. View of the middle segment of Todd Street site. 223 View of a ditch located in the Todd Street site. View of a ditch located in the Todd Street site. 224 A ' View of an ATV trail in the Todd Street site. View of the drainage area of the Todd Street site into Marsh Creek. 225 View of the drainage area of the Todd Street site into Marsh Creek. View of waterfowl in the Todd Street site. 226 View of segments of the south side of Todd Street site bordering Marsh Creek. 227 Cold Brook (Glen Falls) Site potential: High Classification: Enhancement Wetland Name: Cold Brook Descrivtioii of Existini- Environinent and Location: This site is located on PID 00299289 in a residential area and is owned by the City of Saint John. The wetland area is approximately 8.0 ha in size. Currently, the proposed site is a fairly barren area with some grasses and shrubs on site with vegetation surrounding the edges. There is a berm in place to help control flooding from the nearby streams (Cold Brook and Marsh Creek). During times of high water there is a notch in one of the berms to allow flood storage on site, but currently this has not been adequate in addressing the issue. The site is bounded to the west, north and east by Marsh Creek and natural areas. The south is bounded by a road and residential dwellings. Hydrological disturbances were not evident. Standing water was noted on the site and it appears to have saturated areas yearlong. Due to the barren nature of this potential site it would be beneficial to increase the vegetation on site as this would slob, down water transport. The benefits from restoration are increased storm water retention, increased habitat and educational value. There is also substantial potential for improved local aesthetics as well as recreational uses through skating and nature watching. Wildlife species noted on site include waterfowl, white- tailed deer, mink and raccoons. 228