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2013-04-02_Agenda Packet--Dossier de l'ordre du jour � � � ��i,.' City of Saint John Common Council Meeting AGENDA Tuesday, April 2, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plai� utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658-2862. Pages 1. Call to Order- Prayer 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Fundy Region Solid Waste Commission 2012 Auditor's Report and Financial 1 - 23 Statements (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Daffodil Month and Daffodil Day-April 27, 2013 24 - 24 7.2 Tartan Day-April 6, 2013 25 - 25 7.3 Canadian Oncology Nursing Day-April 2, 2013 26 - 26 8. Delegations/ Presentations 9. Public Hearings Powered 6y: _J��,[f�pF� r� ra 1 9.1 Proposed Section 39 Amendment- 835 Loch Lomond Road 27 - 32 9.1.1 Planning Advisory Committee Report recommending Section 39 33 -41 Amendment 9.1.2 Letter of Support- 835 Loch Lomond Road 42 -42 9.2 Proposed Zoning ByLaw Amendment 4207-4211 Loch Lomond Road 43 -48 9.2.1 Planning Advisory Committee Report recommending Rezoning with 49 - 60 Section 39 Conditions 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 13.1 Uptown Saint John - Peel Plaza and Wellington Row Properties 61 - 131 13.2 Uptown Saint John - Long Wharf and Former Lantic Sugar Sites 132 - 135 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Saint John Salvage Corps & Fire Police— Perspective Member 136 - 136 16.2 Materials and Construction Testing, Inspection and Engineering Technical 137 - 140 Services -Asphalt Concrete, Portland Cement Concrete, and Soils and Granular Materials Compaction for 2013 and 2014 16.3 Engineering Services: Loch Lomond Rd (Russell St. to Westmorland Rd) - 141 - 143 Water, Sanitary and Storm Sewer Renewal and Road Reconstruction 16.4 Engineering Services: Dever Rd. - Lift Station "Y" Replacement and Sanitary 144 - 147 Force Main Design 16.5 Commissioner of Finance: Borrowing Resolution 148 - 150 16.6 Commissioner of Finance: 2013 Debenture Issue 151 - 153 16.7 Tender for Asphaltic Concrete Mixes 154 - 156 2 16.8 Westgate Park Drainage Basin 157 - 158 16.9 Sidewalk Extension on Loch Lomond Rd (#2745 to Hillcrest Rd) 159 - 160 16.10 Engineering Inspection Services 2013 161 - 162 16.11 Proposed Public Hearing Date 60 Church Avenue 163 - 163 16.12 Petition from Common Causes 164 - 164 16.13 Saint John City Market- Lease of Space Stall "No. 5" 165 - 195 16.14 Total Golf Management Inc. - Rockwood Park Golf Course and Aquatic Driving 196 - 199 Range Report for 2012 Golf Season 17. Committee of the Whole 17.1 Appointment Commissioner Growth and Community Development Services 200 - 200 17.2 Peel Plaza Surplus Properties 201 - 201 17.3 Acting Commissioner of Finance 202 - 202 17.4 Job Description - Common Clerk 203 - 208 18. Adjournment 3 D �� 4 � ' �.� /��1: '�'�i,:i�.� � '�,:,3' :`. � , ._ � Thc City of Saint John Seance du conseil communal Le mardi 2 avril 2013 Salle du conseil, 18 h Seance ordinaire 1. Ouverture de la s�ance, suivie de Ia priere 2. Approbation du proces-verbal 3. Adoption de 1'ordre du jour 4. Divulgations dc conflits d'interets 5. Qucstions soumises a 1'apprpbation du conseil 5.1 Rapport de vcrification et etats financiers pour 2012 de la Cornmission de gestion dcs dechets solides de Fundy (recommanciation : aceepter a titre informati� 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de la jonquille et Jour de la jonquille—27 avril 2013 7.2 Jour du tartan —6 avri12013 7.3 Journee annuelle des soins infirmicrs en oncologie du Canada 2 avri12013 S. Delegations et presentations 9. Audiences publiques 9.1 Yrojet de modi fication des conditions imposees par 1'article 39 visant le 835, ch.emin Loch Lomond 9.1.1 Comite consultatif d'urbanisme recommandant les modifications en vcrtu de l'article 39 9.1.2 Lettre a 1'appui— 83 5, chemin Loch Lomond 9.2 Projet de modification de I'Arrcte de zonage visant le 4207-4211, chemin Loch Ltimond 9.2.1 Rapport du Cornite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par 1'article 39 10. Etudc des arretes municipanx Z1. Interventions des mernbres du conseil 12. r�ffaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 13.1 Uptown Saint John—Terrains de Ia place Pee] et de la rue Wellin�on 132 Uptown Saint John—Zone du quai Long et ancien emp]acement de Sncre Lantic 14. Etude des sujets ecartes des questeons soumises a 1'approbation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 1b.1 Services de police, d'incendie et de corps dc sauvetage dc Saint John Membre potentiel 162 Services techniques d'ingenieric, d'inspection et d'cssai des matcriaux et de la construction— Beton asphaltique,betons de ciment Portland et cornpaction du sol et des materiaux �-anulcux pour 2013 ct 2014 i 6.3 Services d'ingenicrie : Renouvellemcnt de la conduite d'eau principale, des egouts sanitaires et des egouts pluviaux et refection du chernin Loch Lomond {de Ia rue Russell au chemin Westrnorland) 1 C.4 Services d'ingenierie : chemin Dever—Remplacement de la station dc relevement «Y »et conception de la conduite de rcfouIement sanitaire 1b.5 Cornmissaire auac finances : Eznprunt par voie de resolution 16.6 Commissairc aux finances : Emission de debentures pour 2013 1b.7 Soumission relative aux m�langes de beton asphaltique 16.8 Bassin versani du parc Westgatc 16.9 Prolongation du trottoir du chemin Loch Lomond (du n°2745 au chemin Hillcrest} 16.10 Scrvices d'inspection d'ingenierie 2013 1b.11 Date proposcc pour]a tenue d'unc audience publique—60, avenuc Church 16.12 Petition re�ue du goupe Causes communes 16.13 Marche rnunicipal de The City of Saint]ohn—Location de 1'etal ri 5 16.14 Entreprise Total Golf Management Inc. —Terrain de golf e� champ d'exercice de golf aquatique du parc Rockwood 17. Comite plcnier 17.1 Nomination du commissaire aux services de developpernent et cle croissance ]7.2 Surplus de terrains de la place Peel 17.3 Commissaire aux finances par interim 17.4 Descniption de poste—Greffier communal 18. Levee de la seance f/.' „�,� ;' l _ u�„__, -_ �� :�: � ;:, ,: � �� _=�s , ; . City of Saint John Common Council Meeting Tuesday,Apri12,2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere 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 City Hall 1.1 Employment Matter 10.2(4)(j) 1.2 Contract 10.2(4)(c) 1.3 Land Matter 102(4)(d) 1.4 Employment Matter 10.2(4)(j) 1.5 Personal Matter 10.2(4)(b) 1.6 Personal Matter 10.2(4)(b) 1.7 Personal Matter 10.2(4)(b) 4 Fundy Region !� • . ! Solid Waste �'' Finding a better way. March 20, 2013 City of Saint John 8`h Floor, City Hall PO Box 1971 SaintJohn NB E2L 4L1 Reference: Auditor's Report and Financial Statements for the Year Ended 31 December,2012 Dear Mayor and Council, Pursuant to the requirements of Section 29(1) of the Regional Service Delivery Act, I am pleased to submit to you the Auditor's Report and Financial Statements of the Fundy Region Solid Waste Commission for the year ended 31 December, 2012. The Fundy Regional Service Commission reviewed and adopted the Financial Statements at the March 14, 2013 meeting. If you should have any further questions, please do not hesitate to contact me. Regards, / /� � ��. .� / ( /.!=° Marc MacLeod General Manager Fundy Region Solid Waste Encl: Auditor's Report and Financial Statements of the Fundy Region Solid Waste Commission for the Year Ended 31 December, 2012 1 FUNDY REGION SOLID WASTE COMMISSION FINANCIAL STATEMENTS DECEMBER 31,2012 TEED 2 SAUNDERS DOYLE &CO. Chzrtered Accountants , FUNDY REGION SOLID WASTE COMMISSION DECEMBER 31,2012 CONTENTS Page INDEPENDENT AUDITORS' REPORT 1 FINANCIAL STATEMENTS Statement of Financial Position 2 Statement of Operations 3 Statement of Changes in Net Debt 4 Statement of Cash Flows 5 Notes to Financial Statements 6-20 3 TEED S�UNDERS DOYLE &CO. Chartered Accountants 39 Canterbury Street TEED P.O. Box 6668 Saint John SAUNDERS New Brunswick E2L4S1 DOYLE & CO. Tei (506) 636-9220 - Fax (506) 634-8208 Chartered Accountants E-mail tsdsj@tsdca.com Independent member of DFK Inte�nationa! INDEPENDENT AUDITOR5' REPORT To the Members of the Fundy Regional Service Commission We have audited the statement of financial position of the Fundy Region Solid Waste Commission as at December 31, 2012, December 31, 2011 and January 1, 2011 and the statements of operations, changes in net debt and cash flows for the years ended December 31, 2012 and December 31, 2011, 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 public sector accounting standards, and for such internal control as znanagement determines is necessary to enable the preparation of fmancial 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 audits. We conducted our audits in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audits 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 misstatements 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 opinions. Opinion In our opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 2012, December 31, 2011 and January 1, 2011 and the results of its operations and changes in net debt for the years ended December 31, 2012 and December 31, 2011 in accordance with Canadian public sector accounting standards. ��I�C_p1 �a,� 1' CO , �� CHARTERED ACCOUNTANTS Saint John,NB March 14, 2013 Saint John Partners Frederict�m Partnere; Andrew P.Loqan Peter L.Logan <��'C Brian J.Saunders David H.Braoley Jean-Marc Poirier '�' Jeffrey E.Saurders John H.Landry 1• T.J.Smith Kenna:r H Kyle FUNDY REGION SOLID WASTE COMMISSION STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31,2012 Restated Restated (Note 2) � �.412. �4.1.1 2010 FINANCIAL ASSETS Cash(Notes 3 and 4) $ - $ 327,147 $ 954,395 Accounts receivable(Notes 3 and 4) 452,689 432,230 620,604 HST receivable 118,527 120,765 86,149 Investments(Note 3) 714,858 912,937 1,256,513 Investments restricted for future closure and post-closure costs (Notes 3, 4 and 7) 1,449,920 1,285,336 1,161,909 $ 2 7� $ 3,078,415 $ 4 01� LIABII,ITIES Cheques issued in excess of funds on deposit(Notes 3 and 4) $ 124,436 $ - $ - Accounts payable and accrued liabilities(Notes 3 and 4) 777,314 992,344 1,143,073 Security deposits 93,472 93,556 94,255 Long term debt(Notes 3, 4, 5 and 6) 4,097,000 5,926,000 7,681,000 Future closure and post-closure liability (Notes 3 and 7) 848,309 784,416 698,214 5,940,531 7,796,316 9,616.542 NETDEBT (3,204,537) �4,717,901) (5.536,972) NON-FINANCIAL ASSETS Tangible capital assets (Notes 3 and 10) 57,039,970 56,178,921 55,015,458 Accumulated amortization �35,466,974) .�32,975,182) (31,122,146) 21,572,996 23,203,739 23,893,312 Deferred financing charges (Note 3) 37,331 43,553 63,821 Prepaid expenses 126,�30 113,�,�1 157,�80 21,Z36,557 23,360,823 24,1]4,413 ACCUMULATED SURPLUS (Note 11) $ 18 5� $ 18 6� $ 18 S� CONIlVIITMENTS(Note 8) APPRO D BY: �' LV'' , � Commission Member ./ / ✓ Commission Member C / 5 TEED SAUNDERS 2 DOYLE &CO. l:liartered Accountants FUNDY REGION SOLID WASTE COMMISSION STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31,2012 2012 �412. 2�Q12. 2011 Under(Over) Budget Actual Actual (Note 13) REVENUE (Note 3) Tipping fees Municipal solid waste $ 403,115 $ 7,224,120 $ 6,821,005 $ 7,129,673 Construction and demolition and special waste (74,000) 284,000 358,000 280,870 Compostable organics 10,384 242,400 232,016 235,251 Recycling commodity sales 164,906 350,000 185,094 302,940 Electrical generation 73,031 220,000 146,969 210,761 Investment income (33,276) - 33,276 119,917 Gain on disposal of tangible capital assets (51,000) - 51,000 33,794 Other 9,473 42,120 32,447 35,799 502,633 8,362,640 7,860,007 8,349,005 EXPENDITURE (Notes 3 and 14) Administration 63,519 910,540 847,021 872,805 Landfill 184,634 5,020,516 4,835,882 4,895,487 Waste diversion -recycling program (77,725) 766,352 844,077 794,030 Waste diversion-composting program 91,030 949,439 858,409 1,006,137 Public education 40,265 268,240 227,975 224,073 Material recycling facility (42,759) 383,108 425,867 424,906 258,964 8,298�195 8,039,231 8,217,438 ANNUAL SURPLUS (DEFICIT) BEFORE UNREALIZED GAINS(LOSSES) ON MARKETABLE SECURITIES 243,669 64,445 (179,224) 131,567 UNREALIZED GAINS (LOSSES) ON MARKETABLE SECURITIES �68,322) - 68,322 (66,086) ANNiJAL SURPLUS (DEFICIT) FOR THE YEAR(Note 12) $ l� 64,445 (110,902) 65,481 ACCUMULATED SURPLUS- BEGINNING OF YEAR - 18,642,922 18„��41 ACCUMULATED SURPLUS- END OF YEAR $� $ 18 5� $ 18 6� TEED 6 SAUNDERS 3 DOYLE &CO. Chartercd Accountants FUNDY REGION SOLID WASTE COMMISSION STATEMENT OF CHANGES IN NET DEBT AS AT DECEMBER 31,2012 2012 2011 Annual surplus(deficit),before restatement $ (110,902) $ 2,432,634 Prior period adjustment(amortization) - (2,797,281) Cost of tangible capital asset disposals - 944,245 Unrealized gain on marketable securities - (66,086) Second previous year's surplus - (448,031) Annual surplus (deficit), as restated (110,902) 65,481 Acquisition of tangible capital assets (1,173,345) (2,107,708) Proceeds on disposal of tangible capital assets 52,000 33,794 Amortization of tangible capital assets 2,803,088 2,797,281 Gain on disposal of tangible capital assets _151,000) (33,794) 1,519,841 755,054 Acquisition of prepaid assets (126,230) (113,531) Use of deferred financing 6,222 20,268 Use of prepaid assets 11�,5�1 157,280 (6,477) 64,017 Decrease in net debt 1,513,364 819,071 Net debt,beginning of year (4.717, 0�1) �5.536,972) Net debt, end of year $ 3 2( .�) $ 4 7( •�) APP VED BY: �` �-. �' f Commission Member .i �� ' ' Commission Member � l � TEED SAUNDERS 4 DOYLE&CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2012 2012 2011 INCREASE (DECREASE)IN CASH AND CASH EQUIVALENTS OPERATING TRANSACTIONS Annual surplus (deficit) $ (110,902) $ 65,481 Gain on disposal of tangible capital assets (51,000) (33,794) Unrealized(gains)losses on marketable securities (68,322) 66,086 Amortization of tangible capital assets 2,803,088 2,797,281 Accounts receivable (20,459) 188,374 HST receivable 2,238 (34,616) Accounts payable and accrual liabilities (215,030) (150,729) Security deposits (84) (699) Future closure and post-closure liability 63,893 86,202 Change in deferred financing chargeslprepaid expenses (6.477) 64,017 2,396,945 3,047,603 CAPITAL TRANSACTIONS Acquisition of tangible capital assets (1,173,345) (2,107,708) Proceeds on sale of tangible capital assets 52,000 33,794 (1,�21,345) (.�.,073,914) FINANCING TRANSACTIONS Long term debt repayment _(1,829,000) �1,755,000) INVESTING TRANSACTIONS Proceeds net of purchases of investments 227,279 321,962 Purchases net of proceeds of investments restricted for future closure and post-closure costs (125,462) (167,899) 101 17 154,063 NET DECREASE IN CASH AND CASI3 EQiTIVALENTS (451,583) (627,248) CASH AND CASH EQUIVALENTS-BEGINNING OF YEAR 327,147 954,�95 CASH AND CASH EQUIVALENTS-END OF YEAR $ 124 436) $ 327.147 REPRESENTED BY: Cash $ - $ 327,147 Cheques issued in excess of funds on deposit �124,436) - $ 124 43 6) $ 3� TEED $ SAUNDERS 5 DOYLE &CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 1. CONIlVIISSION MANDATE AND COMl��NCEMENT OF OPERATIONS The Commission's mandate is to develop and implement an environmentally and socio-economically acceptable strategy for managing solid waste in the Fundy Region. The Commission is comprised of representatives from each municipality and the unincorporated areas in the region. The Commission constructed a landfill facility at Crane Mountain, which commenced operations on November 10, 1997 when it began receiving solid waste. The Provincial Government has issued to the Commission a Certificate of Approval to operate the landfill through to December 31, 2015. As of January l, 2013, the Commission was dissolved and became part of Regional Service Commission 9 under the Regional Service Delivery Act. This was assented to on June 13, 2012. 2. CHANGE IN ACCOUNTING POLICY Effective January 1, 2011, the Commission has restated its financial statements to adopt the Public Sector Accounting Standards (PSA). The changes made were to comply with the provisions of Section 3150, Tangible Capital Assets and to adopt full accrual accounting. Section 3150 has established standards on how to account for, and report, tangible capital assets. Tangible capital assets are a significant economic resource managed by government and a key component in the delivery of many government programs. The standard requires these assets to be recorded at historical cost on the balance sheet and their costs allocated to future accounting periods through annual amortization expenses based on the tangible capital assets estimated useful lives. The Commission was required to record the historical cost of their tangible capital assets and accuznulated amortization on a retroactive basis with restatement of prior years. The Commission determined historical cost based on historical records and discounted replacement costs. If historical cost could not be determined,the asset was recorded at a nominal value. The Commission calculated and recorded net unrealized gains (losses)on marketable securities. The December 31, 2011 figures presented for comparative purposes have been restated from those previously reported. The following adjustments were made to the prior periods: Adjustments to annual surplus (deficit) Annual surplus, as previously reported in the operating fund $ 207,974 Annual surplus of other funds 2,224,660 Less: second previous year surplus (448,031) Less: unrealized losses on marketable securities (66,086) Add: cost of tangible capital asset disposals 944,245 Less: amortization on tangible capital assets (2,797 81) Annual surplus, as restated $� Adjustments for net book value of tangible capital assets As previously reported,December 31, 2011 $ 56,178,921 Adjustment to historical cost of tangible capital assets,net (30,177,901) Amortization expense recorded (2,797,281) Adjusted net book value as at December 31,2011 $ 23 2� See Note 11 for the reconciliation of accumulat�surplus. TEED SAUNDERS 6 DOYLE &CO. Chartered accountants FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 3. SiTMNIARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Commission are the representations of management, prepared in accordance with Canadian generally accepted accounting principles for local government, as recommended by the Public Sector Accounting Board(PSAB)of the Canadian Institute of Chartered Accountants. The Commission has adopted PSA as of January 1, 2011. The focus of PSA financial statements is on the financial position of the Commission and the changes thereto. The statement of fmancial position includes all of the assets and liabilities of the Comrnission. Significant aspects of the accounting policies adopted by the Commission are as follows: Bud�et The budget figures contained in these financial statements were approved by the Commission on November 10, 2011 and submitted to the Minister of Local Government on November 14, 2011. Financial Instruments Financial instruments are recorded at fair value when acquired or issued. In subsequent periods, equity instruments with actively traded markets are reported at fair value, with any unrealized gains losses reported in income. All other financial instruments are reported at amortized costs, and tested for impairment at each reporting date. Transaction costs on the acquisition, sale, or issue of financial instruments are expensed when incurred. Investments are managed in accordance with the New Brunswick Trustees Act. Cash and Cash Equivalents Cash and cash equivalents consist of cash on hand, balances with banks and GIC's having maturity dates of 90 days or less from the date of acquisition. Deferred Financin� Charges Financing charges related to the issuance of long term debentures are deferred and amortized over the terms of the related debentures. Revenue Reco ition Tipping fees are recorded when the waste is delivered to the landfill facility and when collection is reasonably assured. Recycling commodity sales are recognized upon the delivery of the recyclables to the customers and when collectibility of proceeds is reasonably assured. Investment and other income are recorded on an accrual basis and when collection is reasonably assured. Expenditure Reco ign tion Expenditures are recorded on an accrual basis. 10 TEED SAUNDERS � DOYLE &CO. Chartered A�countants FUNDY REGION SOLID WASTE COMMIS5ION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 3. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd) Measurement Uncertaintv The preparation of the financial statements in conformity with Canadian public sector accounting standards requires management to make estimates that affect the reported amount of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and 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. Actual results may differ from those estimates. Examples of significant estimates include: -the allowance for doubtful accounts; -providing for amortization of tangible capital assets -the estimated useful lives of tangible capital assets -the recoverability of tangible capital assets; -the recoverability of long term investments; and - certain economic assumptions used in determining the provision for future closure and post- closure costs and the future closure and post-closure liability. Tan ib� le Capital Assets Effective January 1, 2011, the Commission adopted the provisions of PSA Section 3150 Tangible Capital Assets. Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost of the tangible capital asset, less any residual value when applicable, is amortized on a straight-line basis over the estimated useful lives as follows: Asset tvpe Estimated useful life Landfill site and roadways Over the life of the landfill Buildings-compost and material recycling facility 20 years Buildings-other Over the life of the landfill Furniture and fixtures 10 years Heavy equipment 5-20 years Light equipment and vehicles 5-10 years Containment cells 5 years Assets under construction are not amortized until the asset is available for productive use. 11 TEED SAUNDERS 8. DOYLEcS COs FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 4. FINANCIAL INSTRUMENTS The Commission is exposed to various risks through its fmancial instruments and has a comprehensive risk management framework to monitor, evaluate and manage these risks. The following analysis provides information about the Commission's risk exposure and concentration as December 31,2012. Credit Risk Credit risk arises from the potential that a counter party will fail to perform its obligations. The Commission is exposed to credit risk from customers. In order to reduce its credit risk, the Commission reviews a new customer's credit history before extending credit and conducts regular reviews of its existing customers' credit performance. The Commission manages its exposure to credit risk by requiring its customers to supply a security deposit or a letter of credit. The Commission has a significant number of customers which minimizes concentration of credit risk. Liquiditv Risk Liquidity risk is the risk that an entity will encounter difficulty in meeting obligations associated with financial liabilities. The Commission is exposed to this risk mainly in respect of its receipt of funds from its customers and other related sources, long term debt, accounts payable and accrued liabilities and other obligations. Currencv Risk Currency risk is the risk to the company's earnings that arise from fluctuations of foreign exchange rates and the degree of volatility of these rates. The Commission is not exposed to foreign currency _ risk as it does not hold foreign currencies. Interest Rate Risk Interest rate risk is the risk that the value of a financial instrument might be adversely affected by a change in the interest rates. In seeking to minimize the risks from interest rate fluctuations, the company manages exposure through its normal operating and financing activities. The Commission is not exposed to interest rate risk as its long term debt does not have a variable interest rate. 5. LONG TERM DEBT 2012 2011 N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 2.1%-3.85%, maturing December 19, 2013. $ 613,000 $ 1,206,000 N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 1%-3.35%, maturing November 6, 2014. 509,000 754,000 12 TEED SAUNDERS 9 DOYLE &CO. Chartered Accountants , FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 5. LONG TERM DEBT (cont'd) N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 1.5%-3.5%, maturing June 2, 2015. 325,000 428,000 N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 3.375%-5.75%,maturing July 12, 2012. - 462,000 N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 3375%-5.75%,maturing July 12, 2012 at which time a final payment of$2,206,000 is due. - 2,206,000 N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 1.65%-2.45%maturing June 4,2017. 1,891,000 - N.B.Municipal Finance Corporation serial debenture, yearly repayment of principal and semi-annual interest at 2.75%-5.5%, maturing July 8, 2014 at which time a fmal payment of$643,000 is due. 759,000 870,000 $ 4 0� $ 5,� The N.B. Municipal Finance Corporation has indicated that those debentures with balloon payments in their fmal year may be refinanced over a further 5 year term. Aggregate principal payments required over the next five years excluding balloon payments are as follows: 2013 $ 1,448,000 2014 859,000 2015 581,000 2016 484,000 2017 498,000 6. BORROWING AUTHORITY Operatin�Borrowing Section 6 of Regulation 96-11 of the Clean Environment Act states that borrowing for operating cannot exceed 25% of the Commission's operating budget. At December 31, 2012, there were no borrowings for operations (2011 -nil). Capital Borrowin� At December 31, 2012,there were no borrowings for capital(2011 -nil). The Commission received borrowing authority of$1,000,000 (OIC #11-0016) during the prior year as granted by the Municipal Capital Borrowing Board for a term not to exceed three years. Subsequent to yearend, OIC #11-0016 was cancelled. TEED 13 SAUNDERS 10. DOYLE &CO. ChartereA Accountants FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 6. BORRO�'ING AUTHORITY(cont'd) Inter-fund Borrowin� The Municipal Financial Reporting Manual requires that short term inter-fund borrov�-ings be repaid in the next year unless the borrowing is for a capital project. The amounts payable between Funds are in compliance with the requirements. 7. FUTURE CLOSURE AND POST-CLOSURE LIABILITY Section 6.5(2) of Regulation 96-11 of the Clean Environrnent Act requires that closure and post- closure expenses be calculated in accordance with the recommendations of the Public Sector Accounting Board (PSAB 3270) pronouncement regarding "solid waste landfill closure and post- closure liability". This recommendation requires that a liability be recognized for closure and post- closure costs as the landfill site's capacity is utilized. Closure and post-closure expenses include restoration of landfill sites,maintenance of equipment and environmental monitoring. The Crane Mountain facility, with a total estimated capacity of 3,461,674 tonne, is expected to receive solid waste until December 2048. The Provincial Government has mandated that the Commission is responsible for site maintenance for a period of 30 years after closure. The present value in December 2048 of the total costs associated with this period are estimated at $15,241,383. At December 31, 2012, the Commission has recognized $848,309 of this liability representing an increase of$63,893 (2011 - increase of$86,202) from the prior year. Inflation has been estimated at 2.5°/o per annum. The long term rate of return for investments in the perpetual care fund is estimated at 4.84%per annum. In order to meet this future obligation, the Commission has established a special account as permitted under section 6.5(1) of Regulation 96-11 of the Clean Environment Act. The fair value of all assets accumulated to December 31, 2012 are $1,481,981 (2011 -$1,329,567). 8. CONIlVIITMENTS Crane Mountain Enhancement Inc. The Commission has committed to provide $20,000 annually (adjusted for inflation) to Crane Mountain Enhancement Inc. (CMEn to fund operating expenditures for such time that the facilities are operated at the site. The annual payment is reduced accordingly if the cash or near cash assets of CMEI exceed$60,000. Host Communitv Enhancement Fund In order to meet Provincial Government requirements, the Commission allocates a dedicated portion of the tipping fee to the Host Community Enhancement Fund for special projects designed to enhance the Facility and it's surrounding communities. For 2000 and subsequent years, while solid waste is received at the landfill site, the Commission has committed to provide $75,000 per year (adjusted for inflation) to this Fund (Note 15). The Fund is administered by Crane Mountain Enhancennent Inc. (formerly known as the Fundy Future Environment and Benefits Council) and the Commission. 14 TEED SAUNDERS 11. DOYLE &CO. Chartered Accountan[s FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 9. STATEMENT OF RESERVES Resolutions regarding transfers to and from reserves: Moved by P. Behr, seconded by P. Gallagher Jette that $109,250 plus tax be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on March 15, 2012. Moved by P.Behr, seconded by P. Gallagher Jette that $145,923 including taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on March 15, 2012. Moved by P. Gallagher Jette, seconded by J. Garnett that up to $500,000 plus tax be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on May 10,2012. Moved by S. McAlary, seconded by R. Fowler that $362,000 be transferred from the Operating Fund to the Capital Reserve Fund. Motion made on December 20, 2012. Moved by S. McAlary, seconded by P. Gordon that $864,726 be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20, 2012. Moved by S. McAlary, seconded by R. Fo��ler that $3,831 including taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20, 2012. Moved by S. McAlary, seconded by P. Gordon that $169,155 plus taYes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20,2012. Moved by J. Garnett, seconded by R. Fowler that $16,519 inlcuding taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20, 2012. Moved by S. McAlary, seconded by P. Gallagher Jette that up to $65,000 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20, 2012. Moved by A. Boudreau, seconded by S. McAlary that up to $35,000 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20, 2012. Moved by S.McAlary, seconded by P. Gordon that $5,470 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20,2012. Moved by S. McAlary, seconded by P. Gordon that $88,200 plus taxes be transferred from the Capital Reserve Fund to the Capital Fund. Motion made on December 20,2012. I hereby certify that�the ab�e are e and exact copies of resolutions adopted at Commission meetings. � �/ ; ;' � �� , � -'^-�% ��- " ��q,�`�� ,�"��/� General rr�anager, Date FUNDY REGION SOLID WASTE COMMISSION 15 TEED SAUNDERS 12 DOYLE &CO. Chartcrcd Accountants G��p � - WWU c H�� ' 0 � w ° d�� OA AU � � � a � o � � � � t� N [� � y �n � N [� m N FI o N ~ N c*i �n �1 N f!3 69 �n N ao �D N 7 00 0o U O� <+1 O Q� N � oo M �n M N O OI .-�-� � p� p�p h N H �D �--� N N v� c'1 N 6A 69 CN --� O �--� � �O 00 M V1 E � W �n � �n C � o�o � � N O� '�e U '7 00 <+'� N � p N N ~ ~ U � � O � �O V' �O N Ct 00 m m Vl � ~ ++ N 6J o0 O t'1 00 [� � .L E u �O <*i N � c+� � � d� O�i N o�o .--� ry � ["� a W , 6R 69 � zj � M M �O �O W � V � V M O O � d '�' E a cv v o� � U w w = � � � � � W � N W � � � � � � o � � � N u y � � � ,` � M � � i � �.,y ..�. � L' V � � � M c � � � � � s. � x A ,./ �m �' � s9 �s .-M-� � �y � n �O N O� I�1 �1 N � � U �Y W C I� 00 V1 M %p N ' N � �D � � W p -3" � �v A O O � � � � � � � u � h � W r�., 'C N [� O N �O `./ W � ro 3 c�i � �, .� c., � f� M � [� �O � O a �a � � � � �, �, z o 0 � � , , , � � � � �., �., � � , , , � � a � w � � � �, .� � F Q " � `� U F" O a .W-� .. � V � � �a o U w T � �, g z a � �" Y �N H � T .� � T .� o O m � � � Q � b � R � C w C O � w w G � � w Q� tC 1 � ✓ . � '° ro °a, � �� o ? C O F N W x v�i � b Q � U � � ¢ ° � � N � �' F � v�i �Um Q a w Qm Q a .� Z 0 � FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 11. SCHEDULE OF ACCUMULATED SURPLUS RECONCILIATION TO PUBLIC SECTOR ACCOUNTING BOARD (PSAB)REQUIREMENTS Operating Capital Capital Fund Fund Reserve Fund Total 2011 annual fund surplus (deficit) $ 207 974 $�„918,463 $ f,693,803) $�,�,� Adjustments to 2011 annual surplus(deficit) for PSAB requirements Second previous year's surplus (448,031) - - (448,031) Transfers between funds Transferelimination 1,305,153 - (1,305,153) - Transfer elimination - (2,039,664) 2,039,664 - Transfer elimination 68,044 (68,044) - - Long term debt principal payment 1,755,000 (1,755,000) - - Cost of capital assets disposals - 944,245 - 944,245 Unrealized losses on marketable securities (21,614) - (44,472) (66,086) Amortization expense - (2.797,281) - �2.797,281) Total adjustments to 2011 annual surplus (deficit) �..6�8_,� .�5.715,744) 690,039 1�,�(i7., 153) 2011 annual surplus(deficit)per PSAB requirements 2,866,526 (2,797,281) (3,764) 65,481 Accwnulated surplus before prior period adjushnent-beginning of year 6(�,224 47,335,381 1,670,O14 _49,666,619 Accumulated surplus before prior period adjustment-end of year 3,527,750 44,538,100 1,666,250 49,732,100 Priorperiodadjustments �,�0 ,(31,122,146) 12,$38 (31089,178) Accumulated surplus per PSAB requirements-end of year $ 3 5� $ 13 4,c 1� $ 1 6� $ 18 6� �7 TEED SAUNDERS 14. DOYLE 6z CO. Chartered Accountants , FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 12. RECONCILIATION OF ANNUAL SURPLUS Operating Capital Capital Fund Fund Reserve Fund Total 2012 annual surplus (deficit) $ 2,678,233 $(2_803,087) $ 13,952 $�110,902) Adjustments to annual surplus(deficit)for funding requirements Second previous year's surplus 213,193 - - 213,193 Transfers between funds Transfer from operating fund to capital reserve fund (1,226,726) - 1,2�6,726 - Transfer from capital reserve fund to capital fund - 1,121,345 ;1,121,345) - Transfer from operating fund to capital fund (52,000) 52,000 - - Long term debt principal repayment (1,829,000) 1,829,000 - - Proceeds from disposal of tangible capital assets 52,000 (51,000) - 1,000 Gain on disposal of tangible capital assets (51,000) 51,000 - - Cost of tangible capital assets disposals - (312,296) - (312,296) Amortization expense - 2,803,088 - 2,803,088 Unrealized gains on marketable securities (29,200) - l39 122) (68.322) Total adjustments to 2012 annual surplus (deficit) �2_922,733) 5,493,137 66,259 2.636,663 Annual surplus(deficit)for funding requirements $ (244.500) $ 2 6� $� $2.525,761 �$ TEED SAUNDERS 15. DOYLE &CO. Chartcred Accountanc�� Q�O = U � NQ� � zW¢ ¢��° � �o R O O O O O O O �D N O� O v'� Q V N O O O O N �' � �n M �t �t �--� O � O O .--� v� vl M � N et +�°+ �t�t N O O � N � O o�O O�00 � o N oo �' v'i N � � N �O �' �O � F" N N N M N O� O I� O� N l� �i 69 f�9 � � � � .--� n N �--� M y t� �/'� M w � ~ � h i i � � i i i � � � � i � c O d- �O F N v N � 69 E/3 � LI � I I I 1 1 1 1 I I I I 1 1 1 1 I 1 O O V1 � � � � T^ V1 � rF�'� � ,+a M [� ci' O o0 � C � �[-� � � �F O M V'1 00 W • v, N �O c�'i �D O O1�1 R U a�i i � i i � i � i i � V� N O\ i M r � �� N v N N Q� O �t � V W i � Q' N � M 00 0 on N N �D W � � d E�., 69 69 '—' V� � N � a M � O O O O O O [� � 00 O O YC � N O O O O N O� 00 .-w �t � i/ � aj � � �a +--� O � O O '-+ N �t O Q� N W c�a � ai d' d' N O O � N v"i Q� d�O o0 � A V � �O c N o0 �7 v'� N d' 00 N �D � �C M'� � � O p � �N N rl N oo ��O � N O � W b9 69 O � A � U' W � � O � � Z � 3 � W � w � a � � � b � � �. 0 � � � ° � a, ° T °� G O .. � � an F„ � o � o � o �''_,' E � , •� � o. :--. F" ro .b "c � N c�'i � �� '�" 4, � 3 'D b0 'd O y O. � O 'D G t, O 'C7 a0 � � � ' P� � O O � � C � v W O � � � T U U N . . � � 4a; .Q' � � oD � � �"' � � > > � � 'o F� W o v o -o .� ao -c' � a. .G cc°i � � � .�" -- �o �v � �o �n F. � � a � � �y � � � q .� w a� a; .� '� ? � � .0 � U U � � > � �' z ,b � � � � � E' W � H x w � o � � ¢ � 3 3 a � � o � w � � 19 . FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 14. EXPENSE SUPPORT 2012 �Q1� �Q1� 2011 Under(Over) Budget Actual Actual ADNIINISTRATION Office and administration $ 28,723 $ 97,480 $ 68,757 $ 90,909 Professional services (21,699) 64,500 86,199 64,903 Personnel 9,702 267,907 258,205 264,135 Insurance 38,149 205,800 167,651 189,340 Property taxes 8,644 249,610 240,966 237,724 Amortization - 25,243 25,243 25,794 $� $ 9�40 $ 8.� $ 8� LANDFILL Daily cover $ 73,306 $ 198,638 $ 125,332 $ 184,463 Site labour (8,603) 676,268 684,871 648,253 Site non-labour operation (54,813) 300,944 355,757 353,480 Site maintenance (5,224) 16,910 22,134 21,923 Scalehouse 146,325 303,330 157,005 154,214 Leachate management (54,883) 443,150 498,033 424,259 Special waste handling 6,953 11,400 4,447 6,241 Gas management 14,936 239,205 224,269 223,845 Environmental health and safety 3,091 139,538 136,447 132,718 Household hazardous waste 20,777 44,229 23,452 49,122 Support to CMEI monitoring and education - 23,205 23,205 22,895 Host Community Enhancement Fund - 84,500 84,500 83,373 Provision for future closure and post-closure costs 30,237 94,130 63,893 86,202 Interest on interim financing and long term debentures 12,532 149,462 136,930 174,295 Amortization - 2,2,95,607 2,�95,607 2,330,204 $ 1� $ 5,0� $ 48� $ 48� WASTE DIVERSION-RECYCLING PROGRAM Drop-off depot system $ (77,725) $ 664,018 $ 741,743 $ 733,362 Amortization - 102,334 102,334 60,� $ 77 725) $ 7� $ 8� $ 70 WASTE DIVERSION- COMPOSTING PROGRAM Processing $ 74,312 $ 477,613 $ 403,301 $ 482,383 Interest on interim financing and long term debentures 16,718 122,176 105,458 173,393 Amortization - 349,�. 349,650 350,361 $ 91.030 $ 9� $ 8� $ 1.0� 20 TEED SAUNDEKS 1� DOYLE &CO. Chartcred Accountants , FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 14. EXPENSE SUPPORT (cont'd) 2012 �4.12. 2�4.12. 2011 Under(Over) Budget Actual Actual PUBLIC EDUCATION Personnel $ (181) $ 124,240 $ 124,421 $ 118,752 Advertising,tours and promotional material 34,019 125,500 91,481 83,480 Administration 6,427 18,500 12,073 21,841 $� $ 2� $ 2� $ 224,073 MATERIAL RECYCLING FACILITY Labour $ (65,317) $ 229,004 $ 294,321 $ 294,716 Fuels, lubes and maintenance 5,572 36,425 30,853 31,196 Building maintenance - - - 86 Processing 11,593 64,000 52,407 56,571 Miscellaneous 8,304 9,925 1,621 416 Electricity (2,911) 13,500 16,411 11,667 Amortization - 30,254 30,254 30,254 $ 42 759) $ 3° $ 40 $_ 424,906 2� TEED SAUNDERS 1 g DOYLE &CO. Chartered Accountants � FUNDY REGION SOLID WASTE COMNIISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 15. HOST COMMU1vITY ENHANCEMENT FUND EXPENSES 2012 2011 Recipient Proiect description Inglewood School Smart responders $ - $ 1,839 Environmental projects 548 - KBM Community Centre E�aust fan and dishwasher - 4,333 Range hood& e�chaust system 11,597 - Martinon Community Centre Bus shelter repairs - 1,191 Interior renovations - 15,514 RV Community Centre Preventative maintenance plan - 4,654 Equipment 7,157 - Morna Heights Home and School Playground - 10,045 Environmental proj ects 600 - Grand Bay Primary School Smart responders - 1,839 Environmental projects 600 - Grand Bay-Westfield Scouts Material for shed 3,776 - Wesifield Elementary Outdoor classroom 4,300 - Environmental projects 502 - Grand Bay Legion Branch 22 Replace roof - 3,646 Fundy Region Solid Waste Commission Defibrillator - 2,447 River Valley Basketball Blackboards, clock and balls 2,314 - Morna Heights Home and School Playground addition 10,918 - Grand Bay Seniors Health &Yoga&Fitness Equipment - 861 Grand Bay Legion Branch 22 Replace Roof 10,315 - Ketepec Scouts Equipment 1,131 - Ketepec Clubs Equipment 483 - Martinon Community Centre Roof repair 792 - Sign 2,821 - Fridge 517 - Roof repair 3,361 - RV Soccer Goals - 4,864 Grand Bay-Westfield Volunteer Firefighters Tables &chairs for meeting room 2,637 - RRCA Historical Marker Construct historical marker - 9,164 Friends of Blueberry Hill Partial funding of�,�erall project 18,140 15,000 TEED SAUNDERS 19. DOYLE &CO. Chartered Accountan[s . FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2012 15. HOST COMMU1vITY ENHANCEMENT FiJND EXPENSES (cont'd) 2012 2011 First Ketepec Scouts Equipment - 1,770 RV Middle School Landscape traffic circle 650 4,670 Environmental projects 600 - Westfield Scouts Gear - 1,536 RVMS Fly Tying Group Consumable 458 - CMEI Scholarships 283 - �� O 16. PRIOR YEAR FIGURES Certain of the prior year figures have been reclassified to conform with the presentation adopted in the current year. 23 TEED SAUNDERS 20. DOYLE 6z CO. Char[ered qccoun[ants � � ,,ts: The city of saint John Mayor Me)Norton Mayor's Office Bureau du maire PROCLAMATION WHEREAS: another Canadian is diagnosed with cancer every three minutes; and WHEREAS: the Canadian Cancer Society is working to eradicate all cancers and improve the quality of life for people living with cancer; and WHEREAS: daffodil month and daffodil day are opportunities for residents of Saint John to show their support in the fight against cancer; and NOW THEREFORE: I, Mayor Mel Norton; �� of Saint John do hereby proclaim April to be Daffodil Month, and April 27, 2013 to be Daffodil Day and encourage all residents of Saint John to continue to recognize and support the Canadian Cancer Society and the fight against cancer. In witness whereof I have set my hand and af�xed the official seal of the Mayor of the City of Saint John. /��_., - -- - -- ----— -----_ --- - ---- --- - -- SAINT JOH[� �'.O. Box 1971 Suint John, NB Canada E2L�T vwv�✓saintjohn.ca CP. 1971 Saint)ohn, N.-B. Canada E2L 4L1 �� JF � � The City of Saint John Mayor Mel Norton Mayor's Office Bureau du maire PROCL�TION WHEREAS: the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced that the Government of Canada will now officially recognize April 6th as Tartan Day; and WHEREAS: many Canadian provinces and other countries already celebrate Tartan Day. As well, through Tartan Day, Canadians will have an opportunity to learn more about the various cultures that comprise Canadian society; and WHEREAS: we encourage Canadians all across the country to celebrate the contributions that over four million Canadians of Scottish heritage continue to make to the foundation of our country; and WHEREAS: in Canada, Tartan Day is celebrated on April 6th, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence, Tartan Day celebrations typically include parades of pipe bands, Highland dancing and sports, and other Scottish-theme events; and NOW THEREFORE: I, Mayor Mei Norton, ;��Saint John do hereby proclaim April 6th, 2013 as Tartan Day, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. l� - -_ _ _ _ --- - - - -. ...- SAINT JO}�ti P.O. Bax 19;1 Saint John, NS Canada E2L�T'I www.saintjohn.ca ' CP. 1971 Saint John, fv.- . _a iac�a E2L 4L1 ----�. ;�=;, `� The City of Saint John Mayor Mel Norton Mayor's Office Bureau du maire PROCLAMA TION WHEREAS: oncology nurses are committed to providing quality oncology care; and WHEREAS: oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; and WHEREAS: oncology nurses endeavor to educate the public in the prevention and treatment of cancer; NOW THEREFORE: I, Mayor Mel Norton of Saint Jolzn do hereby proclaim April 2nd , 2013 as Canadian Onc logy Nursing Day in the City of Saint John and urge all residents of the City of Saint John to join in observance of and participate in activities to recognize the special contribution oncology nurses provide to the public. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. l�' -- - - -- - - - — - -- - - — SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L�� j wwwsaintjohn.ca I C.P. 1971 Saint John, N.-6.Canada E2L 4L1 -----� ' Ad Number: A57028 AdID: 6268413 Current Date: Feb 22 2013 1�:31 AM Ad�ertiser Name: Saint John Common Clerk Start Date: 3/5/2013 Advertiser Code: S71206 End Date: 3/5/2013 Size: 4.00 x 10.00 in. Color: B/W Sales Rep: Elizabeth Cook Client Approval OK p Corrections � , � � � ,. �"�'•� p �, e PROPOSED SECTION 39 PROJET DE MODIFICA7'ION DE� AME�IDMENT L'ARIICLE 39 RE:835 LOCH LOMOND ROAD OBJET:835,CFIEMIN LOCH LOMOND Public Notice is hereby given that the Common Counci!of Par les presentes,un avis public The City of Saint John intends to est donne par lequel le conseil consider a proposal at its regular communal de The City of Saint meeting to be held in the Coun- lohn indique son intention cil Chamber on Tuesday,April d'examiner une proposition lors 2,2073 at 7•00 p.m., by: de la r�union ordinaire qui se � tiendra dans la salle du conseil Amending the Section 39 condi- le mardi 2 avril 2073 a 19 h Yions imposed on the January S, en apportant les modifications 197b rezoning of the property suivantes: located at 835 Loch Lomond Modification des conditions im- Road,also identified as PID No. pos�es en vertu de I'article 39,le Ofl313700,to permit a revised 5 janvier 1976,relativement au proposal. rezonage de fa propriete situee REASON FOR CIiAMGE• au 835,chemin Loch Lomond, To permit a convenience store, et portant le NID 00313700, gasoline bar,car wash and pour permettre la presentation restaurant. d'une proposition revisee. The proposed amendment may ��SON DE LA MODIFICA- be inspected by any interested 710N: person at the office of the Com- Permettre un depanneur, un mon Clerk,or in the office of poste d'essence,un lave-auto et Planning and Development,City un restaurant. Hall, 15 Market Square, Saint Toute personne int�ressee peut John, N.B.between the hours of examiner la modification pro- 8:30 a_m_and 4:3Q p_m_,Mon- Pos�e au bureau de la greffiere day through Friday,inclusive, communale ou au bureau de holidays excepted. f'urbanisme et du developpe- ment a I'h8te!de ville au 15, Written objections to the Market Square,Saint John, N.- amendment may be sent to the g.,entre 8 h 30 et 16 h 30 du undersigned at City Hall. lundi au vendredi, sauf les jours feries. If you require French services for a Common Council meeting, Veuillez faire part de vos objec- please contact the offi�e of the tions au projet de modification Common Clerk. par ecrit a I'attention du sous- signe a I'hotel de ville. Jonathan Taylor, Assistant Common Clerk Si vous avez besoin des services 648-3703 en fran�ais pour une reunion de Conseil Communal,veuillez contacter le bureau du greffier communal. i Jona#han Taylo, = Greffier communal adjoint 648-3703 ��/ �/ S • , • p � TANK LEGEND u � - �n urx:< r.�w��,��:.�c:.o _ T ..,� <,... N ,, .,. C+J ,�»'�-� :�,,�.•u�;;,.u_ '� - CY �'L ..'fS,.G'",�t�.4�al+�.:_`O�= i � .ro,r..�,. . .._o.. P+al[ . -t ' _ ,.. 3 ase.u..r��.0 oc.=.' ' _ :��vN.:c*�5��,.,��xY� ��,. 4 CmeY��_.. ._l.��n.. H�ng..r[. ..,,y c , _. ._ Z�z.P• N F_'+I�Tih3..TOR'.n 7R'�%�G[}•CYI Tp['t Dfi:'.TG.'5�F:."'� IrWhTA!5.'FA��I\C 'RU°ER7�'L�NE S.0 1-0 PFJV'Ct PC irtR:JR'NAG:.. —h � ^— ` — _ � '� i �F;'.��T'��'�F^'Y�RFc�rJGT:37.T4PZ ��r � I I ti/ � 9� � I• I I ^ I � � I // \�, GU RD QAI. � � — � I \ I � I�� \ �UJ �:75i1NG 7"Ln / , I � „:�.ST��z,\ i� � 1. 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Sw+.nMSn(H oN PU� X�S1130CU 1 til •I • •! • • � g� W�SN3f`CM l I 10J • • • • •a • 8' HILLTAY 1�8 • • •��I i]4M ry�r. INiFpIQ1�O�195 u.ALN-IN p:..EF 1:A • • •� • �MEL WtiSTiUCTW �� E O7Y OESUIPTON � :'M��'w.u�w SiEEL C:'R•�11 O 2 �S:SSEJ S'EE:FAnYE.HPP X�NGES, .(�fSCi L:k nn.9�^.�::Ja,R[:F VtINT.D 5'OO.SMIC..',c•DUl z C11'I.:�GOCR al�"Rlil� i^•�i 3 WAf1 ASSEMBLIES: FINISHES: NOTES: � �w�:��.�_--:� ,:;�,: ( ]9'x e�'n5,�:'.h SIEE�C�i C�W .AlL iNi:iq2 WF1L AIF��'f5"0 BE PANi�O. `�� '�D SIEF.L�RA4E,IW'-1NOE5, Nd. DE�:RIPi1CA TY/MN/C� ALL ASSFI�LY NO�1 �� .1:.;'iE'iE FL�.l A�B:C BE SfEEL r:11E� LL:K:EI lE iR-'f9'r.3�.�tva R�1SI'�NS D(iFRIOR LOAOdEARINC STl1D W!J�) =I]•x t2'a;R:[ui+�m[ �ryg�� uouNi[o srov. °,a II-�D2vWALL(P?141�Y64) �t�ly G-n2(0 @ lNL_4SFD) EIrS�GE ROp,Q I:lE:.WC RiA]Y t0 ACCE�T !WI��L�'VPO'Ji 9ARRER �t�'�ta'Whf'1ET,f�L41EC FLP'��5?>EIX�C��.A FN19i��.YECULE I.Thadrari�q.:re,.��.�M1�-;�Y^;rxP�r_��,�nLtd.iP,'� �2'%�'M:.J Siu]$O 1E'G/C �,.n,'Ntl BAT'IVS�UPOV Tt'PE IYST�LLi�A'iM�4Y O.V +��d m.��e��^v��Q i. ny:.,in pait 1�r.�rt��:C. �F_4 2iBRE0.�S5 B�TT l�Sli.AnLN 6� �F4AU'nC FL/J.�,ON AOTE�0�]HAWn�S � o,}�G.�iaes�r.ae.-di�-�e�r e]/16'E%�EPIIF:.3 SH�ATHIVG ��PC�.1AN l.E('�J MAT^k FL41P) n ]6'X!1�0:pq W'y0�OOR C,N oFU.OPD-3eAa1MG PnRPT�ONS 10 BE FIZE-FArD. 1' 2 =NF:AF3�ER e1"RU3a�..R BASE J PRE55[]_TC£�fiti.u; .n�r.:i.RCOR 2.�,r� I �a d�mc.�p�ysr.'�r.�.�rf.:.�t.,.�,. ^iPRdE P'„MK'lBftE'u�4_VT 91,RTHNC •f03 FATE��i'14'SS.]R"�rl.(9/B'TYPE'M'J T;9- u�U�R;STOP.N�:i KIp�L�i� I'w��T J� ' . . (MECIAHIG+ILY fI5'p.[(,� WA�S; S1RA'FEO'0 U�i c"ita.?ru'SES OR Ja�TS :i2A5 d�.�:�.�a'.c: :PL =PAiRT: '.y�"YA E"-B.A CEiLi1.0 TO 3E 10.f.'�BE'.J'N G9YnALL W,LLL AS�?]ABLY N0.2 I BI.SEf^AT 8 i FIVi}�phTS OF PREi1R.w ��--� K�HEI�'S"0 E�',0.'.'.�24E0 CV'1'E. � - o �n�. �.at I.�oa�sr�'f�r�.�rp•,r�•k.,��re s (INTEPoGR LAADBEAPoNC STUD IVALL) CUAlI1Y;'�M iJ,T[%(�iTf) .-.h;al�xar{��d�rorCr��n�:GC�. �i(PIJ1'Yr`E5;fIRE-R�'EC D�9YIl"LL OOOR�k FRNAES: '�1"r�'H]00:1.L:01�O.0 .P4NT: •6'SfVC BA77 IHAL�Ti^H ,��_�„�,F,�,.„�,�TS�°REUa.N WINDOW SCHEDULE p H ��E N IX o5/B"�'%'FlPE-2�iEC DR`IYPl: CJAJ'�SEYI-0.C��qTE% (F'L1T Fl,YSI� � WALL ASSEY,�LY N0.3 ��r" �M�w �E OTY �ES[RIPTION (innnio�auznn�) ;��,!,FU,u��r�=s(T��) PE'fROLEUM LTD .r.,iir oer..ti.f=NVi nnsn) �+'3��. .+•vroco sruJS O 16'D.C. ', •�a.n�o 5nr ivw.�na� f' 1 r , � rM«aw,.. o..a�.y�n ea�..,iu e+iwr.0 =1��.'�R"M1P11('N4T FlN:ri) � 19.'cY�.t�'N�i6'Aii.i1#o n_uYMUN'MV�'W Oua��CM�TW�G110X WN.L ASSEAIBLY M10.4 VOTE: U � ur�'lp io?�CU'M nr��,uff:rn[,�:auG. iRN4 (INTEPoOR PARTI110H) = L_FiMShE'.TO.:'nP?R4.�0 B"C•MEfl. /T'CKl^lµ'�lP��.MT�NIJ+) i cUT�YE9/.Oj4l]N/PFhE�T W4.Y x 8'IR�_C STUCS 1'B-0' r e 6"�.�f.T i INSl:LAi pl •I/7 ORI'1VILL(PA�HT qM1191; � _ � ♦ � SGf10�T�N'S GROC�RY WALL ASgL19LY N0.5 � +BO'w�a ie'aF.F.FtiD w.un�r x�,pv (R�ho PartnnoH) r' � � � c"��io c�ais`:;iouao°"`""''�� ""E 835 L0�11 LOMOND ROAD �^�S�Nnr Fni��rxe-RArzo oFr+i�u SAINT JOFiN, NB ��'s'.c•r-��o srd�x e ia•��c. :e a5"�',;Fiqsp Ia"oRrw.0 PROPOSEn DEVEZOPM�NT (P'JVT FlNI'M� WILL1.AS,°FAIBLY N0.6 ��,�� (RAlEO PMPPON) u+cs e�e'm� r�iF:-R�ic�eaw�u NOTES: CONVEf11�NCE 51 ORE Nfi (PNVT i1NSH` �•Y�6'MOOd'.l�5 P 16'O.G o:;EG7flI.I1 iWJ J90R MC fG iYE SFALL BE Fo kIV FlFE FATED sa�B",;'";,�"TiN+ I�VTERIOR PINIS!1 5CNEDULE •1 L�'ERS�/.,' i^iPE'M'fIF:-P.•EG OR'n'!.L_ �MEY L:'C{S i S PER�GYER'S PRE:'ICN (PA'Ni Fl45111 .CJCR.`LAC AS PEF'�ppR PL1M •(.�LO_f��:1GE RC�711 WOFl SNIl..B: N.^;JV,TE� Vi1G�0. SXEF PPL 20 I 2072 I-0 I A3 �.cne S�ixirl sc•�fssu�)oaam� a+��o �v �T5 MS C�- �;�. z 32 s �� `:� �_ ��, ';a;;; , 4"� O�":°� ' �1 y 'I�te City of saint John DATE: MARCH 15, 2a13 TO: FLANNING ADVISORY COMMI"1"i'�� FROM: COMMUNITY PLANNING &DF,VELOYMENT SERVICE GROW'I'H & DFVFLOPM�NT SF.RVICES FOR: MF.,F,TING OF MARCH 19, 2013 PI�EPARED BY: REVIEWLD B � ,�- � � ' � 'e°M LK/ g � Jo y � Mark Reade, P. Eng., MCIP, I�'P Planner Senior Planner SUBJECT: Nam�, of App�icant: Chris Scholten Name of Owner: Chris Scholten Location: 835 Loch Lomond Road PID: 003137�4 Municipal Plan: Regional Retail Centre Zoning: "B-2" General Business Proposal: To amend existing Section 39 conditions to permit the construciion of a Schalten's gas bar and convcnience store, including the possible future establishment of a restaurant and car wash facility. Typc of�1pplication: Section 39 Amendment ._:� �.r a �� - ,��- 5�'�TI�7T ][?�-Ti� P.C7.Box 197i . � r .�_ C�nada E2L�°� wvw�saintjahn.ca �.1?1�71 Sa'snt Jr;l-�n,hl,-B.Canada �22L.�L1 � Chris Scholten Page 2 835 I,och Lomond Road March �5, 2013 JURISDICTION OF COMMITTEE: Cammon Council has requested the views of the Planning Advisory Committee concerning proposcd amendments to the Section 39 conditions of the subject property. Common Council will consider the Commiltee's recommendation at a public hcaring on Tucsday, Apri13, 2012. STAFF KECOMMENDATIQN TO COMMITTEE: "I'hat Comman Council amend the Section 39 conditions imposed on the January 5, 1976 rezoning of a parcel of land vvith an area of approximately 5�89 square metres, located at 835 I,och Lomond Road, also ideniified as PID No. 40313700, to include among the permittcd uses the establishment of a convenience store, gasoline bar, car wash and restaurant, subject ta the following revised conditions: a) `I'hat the subjeci site be limited to a maximum of one ciriveway access from Loch Lomond Road and a ma�cimum of one driveway access frorn McAllister Drive. b) That the driveway access from Loch Lomond Road be a minimum oI�30 metres from thc intersection. c) That the location of the driveway on McAilister Drive be subject to t�e approval of the Chief City Lnginccr or his designate. d) `I'hc proponent rnust pave all parking arcas, loading azeas, manoeuvring areas and driveways with asphali and enclose them with cast-in-place concrete curbs to protect the landscapcd areas and to facilitate proper drainage. e) Adequate site drainage facilities must be provided by the proponent in accordance wiih a detailed drainage plan, prepared by the proponent and subject to the approval of thc Chief'City Engineer or his dcsignate. � All utilities, including power and telephone, raust be provided underground. g) All disturbed areas of thc site not occupied by the buildings, driveways, walkways,parking or loading areas must be Iandscaped by the proponent. The landscaping must extcnd onto the City street right-of-v�ay to the edge o.f the travelled road. h) The site shall not be developed except in accordance with a detai(ed site plan and building elevation plan, prepared by the developer and subject to the approval of the Der•elopment Officer, indicating the location of all buildings, parking areas, drivcways, loading areas, signs, exterior ligbting, landscaped areas and other site features. The approved site plan must be attached to the application for building permit for the development. 34 �. Chris Scholten Page 3 835 Loch I.�omond Road March 15, 2013 i) All site irnprovements as shawn on the approt•ed site and drainage pla.ns, except for landscaping, must be cornpleted prior to ihe opening of the facitity for business. Landscaping must bc completed within one year o1'building permit approval. j) That no restaurant drive thru be permitted. SACKGROUND: In 1975 Common Council approved an application of Petrofina Canac�a I,td. to rezone the subject site (as it existed at that time) frorn "RS-2" One and Two Family Suburban Residential to "B-2" Gcneral Business, subjeci to a Section 39 resolution limiting the use of the property to the applicanYs proposed gasoline sales facility and car wash. The rezoning of the property included a variance to allow a drivcway�rithin 100 feet of the intersection of McAllister Urivc and Loch Lomond Road. Tn 1982, Cornmon Council amended the Section 39 resolution to permit the development of a thrcc-bay Petro-Canada service station. At ihai time, the Committee granted the necessary variances to permit the deve�opment to occur as approved by Council, including a variance that allowed the u-idth of the drivev�•ays to not exceed 35 feet. In 1995 Common Council amended the Section 39 resolution to permit the establishnnent of a retail store in the cxisting service station. INNUT FROM OTHER SOURCES: Infrastructure Development has the following comments: • Water and sanitary sewer servicing is available to this sife. • Deiailed engineering storm water management plans and a design bricf must be submitted by the owner's engineering consultan�t to the City for review and approval. Final lot grading must ensure that there are no adverse drainage issues to adjaccnt lands; • Thc owner is responsiblc for obtaining all necessary municipal permits; • It would be an improtemeni if the driveway on McAllister were able to be movcd further away from t.he signali•r.ed i.nier5ection • 'I�o mitigate the number of driveways onto an arterial,ihe dri��eway on Loch Lomond closest to the signalized intersection should be eliminated; i.e_ with iwo driveways (one on each of the two strccts) to remain for thc sitc. • A City approved water meter and appropriate backflow prevention must bc installed by the owner; • The owner is responsible for all solid waste collcction services. Municipal collection services will not be provided; Inspection & Enforcement Service has na concerns with this application. Maritimes & Northeast Pipeline, Enbridge Gas, and Sruns�avick Pipelinc have no concems with this application. 35 � Chris Scholten Pagc 4 83 5 I,och Lomond Road March l 5, 2013 Saint John Fire Departmcnt has been advised of this application. ANALYSIS: Site and Surrounding Area The subject site is located at a major intersection in East Saint John. The property is a corner lot comprising of approximately 5489 square metres of vacant land. Until recently the site had been thc location of a Petro Canada service station since its consiruction in 1982. However, the station was dcmolished in 2012. Much like the current proposal (see attached site plan), the Petro Canada site included thrce driveways, two of which were located on Loch Lomond Road. As mcntioned above, the previous driveway on Loch Lomond Road closest to the McAllister Drive interscction was granted a variance to permit it to be 50 feet from an intcrsection, whereas the Zoning Bylaw requires a driveway to be located a minimum distance of 100 feet(approximately 30 metres) from an intersection. The adjacent land to the north and west of the subject site are zoned light industrial and contain automobile-related land uses. On thc opposite side of McAllister Drive is the Highmeadow Park townhouse clevelopment, while a church and an Irving scrvice station/conveniencc store are located on the opposite side of Loch Lomond Road. Proposal The applicant is seeking io develop a new Scholten's gas bar and convcnience store, with the possibility of including a restaurant and car wash facility in the future. The proposed gas bar would have four service �anes for accessing the gas pumps, as generally depicted on the aitached site plan. Staff can support the Section 39 amendrnent as it is in keeping with the direction established by the City's Municipal Ylan, which includes the property as part of the larger"Regional RetaiZ Centre" designation. However, staff recommend that Common Council's approval for the proposed amendments be subject to the re��ised Section 39 conditions outlincd below. Proposed Section 39 Conditions The current proposal includes two driveway entrances to ihe subject property from l,och Lomond Road. I-Iowcvcr, increasing the numbe.r of driveways that access an arterial road, like Loch Lomond Road, and are closc to a busy interseciion is not ideal from a planning perspective. Entering and/or exiting the site from the driveway closesi to the intersection rcpresenis an unnecessary threaY to the safety of motorists along this busy corridor. As such, staff are recornmending that access to the proposed service sEation be limited to one driveway off Loch Lomond Road and ane driveway off McAllister Drive. The applicant has indicated in a letter to stafP Lhat their preference is to keep the existing driveway o.n Lach Lomond Road closest to the intersection. The letter suggests that it would be safer for ihe fuelling trucks to access the gas bar via this driveway as it is next to the storage tanks, as gencrally depicted on the attached site plan. Howe��er, the siandards set out in the City's Zoning Bylaw are designed to take into considcration the safety concerns of all vehicle typ�es as they access properties and iravel throug 3 � Chris Scholl.en 1'age 5 835 Loch Lomond Road March 15, 2013 intersections. The preference of the operator, in staff s opinion, does not override ihe safeiy concerns of thc greater community in this re�ard. The letter submitled does not provide adequate information to support their position for staff to recansider their recommendation to remove the driveway in question. Such information would include a vehicle turning analysis (i.e. AutoTurn analysis) and letter report preparcd and sealed by a Professional Engineer with experience in traffic engineering. I,ikewise, staff also have concerns with the proximity of the driveway access to McAllister Urive, which is currently approximatcly 74 feet(22.5 metres) from the public right-of-way. It is recommcnded that this driveway be located further to the rear of the property in order to create more distance from the intersection. In 1982 the Planning Advisory Commitiee granted a variance to the subject property to reduce the minimum separation ciistance from the driveway on Loch Lomond Road to the intersection to approximately 70 feet (21 metres). The variance was supported at the time as the intersection at McAllister Drivc and Loch Lomond Road �-as not as busy in 1982 as it is today. This area now experiences a much higher vo�ume of traffic,triggcring the need for staff to rccommend the Section 39 conditions in this report, which effectivcly override the previous variance and limit the number of permitted driveways to one on Loch I,omond Road and one on McAllister Drive. The proposed minimum distance frorn the intersection of approximately 30 metres (100 feet) is consistent with the standards set aut in the City's 'Loning Bylatv. Specific conditions are included in the recommendation with respect to paving, landscaping, concrete curbing, tuzderground wiring and other sitc development features necessary to ensure a high qualiiy de�elopment. These are al] normal requircmenis for the fully serviced urban areas of the City, arid are consistent with the existing site develo�ment requiremeiats for the property. In addition to these conditions, staff are also recommending that no drive thru be permitted on the subject property as this could cause traffic problems at an intersection that already experiences high tral'f�c volumes. CONCLUSION: The current application to construct a Scholten's gas bar and con�•enience store, with a proposed car v��ash facility and restaurant, can be supported by staff, subject to a number of conditions to ensure the site is developed in a safc manner that does not deter the flow of traffic in or out of the site. JK Projecr No. 13-03 k 37 � PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT �'�� prq,� 7 • • 2 b6D �` �� \ � �� t • � e .� ��DOI � f OI� oh 4 a�. / ' 7� '; 2 � � y. � t�� , . .• � �� 3 �o w � cv [-1 � o �G� � o�� . s , � . �� z ,f • ' ` . . ♦�� i� / � w BP �„ •�,• � asa �/ � � ✓ �` y � � � � � � � � 0 � 3 , .� ' � iJS �; � �i . • � � > > �� B-2 �� .a � e,a '�''� G � ��f•�` c , �� . . �G ,' .� ! � � � � r I L-1 � E RS-2 ; •�. w 830 .L • � V � •�'�� ` O � � � ♦ � � � Sub'ect Site/site en uestion: �. l PID{s}/N1P(s): � q !� Q0313700 Location: 835 Loch Lomond Road Date: February 27, 2013 Scale/echelle: Not to scale/Pas a I'echelle 38 � r�wx�a�o �M[MO W�* �r�evlWS fp.nLRqvSt�'9�� nm� pn ,.p+n. � 1 �e.ez...��•, uc�cis_ ww.ecwa.R .sw .l SnwwnN:�e.yia.m�.rtWartlnoCqdS+R � t e'�i9�108L LIC:G�S'A�AL[MMl R Y�ry fl ronP�rN.e.�.is.wWrou�bw.�/1'eYw lSA�G L a �:.c%�5�9G OOUdf WI:L p06 !M Nr aK I+VRy��++Ya w�Y�MY wNt w�mM retFN 3,�.A��w�� 4 Cbv Wa 4[`rer�nn •,IaWwCai�r.�eu�+]b�Mna�YCats.ld .� � �.en4�^o+aNflClnewJSm.. ,�.....�o,„ iy q o..m....a..icc*w�.e��,.��>,..�,e,.�,w zsz•�e w�.a+.a+ oas*in�sa�uroaniwwe orrcn ro ae vrvexrro�s snwrt+huu anen �D^�m.�i�E 5l�TO��C FOSrtM fR,uNJ�Lt. � ! � I I � � � ]Src � SG'fDh^R ��v�.�*'SVU1�Ta�o*�A.NGS�.�'I -- i� I � � f f I 5 ^ � GU�RD-Rlul . .. � I• \ I�� \ � €(pSTV:G PTO� � ��,�.5•�. �s 1 3� �o r i 03' :WPNG�R.:A (I� CO1G. 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WEST ELEYATfON E4ST ELEVAT10fJ �°�° �`�`° P H /�E N!X pE7ROLEl1M LTD IrWr4Y�ylA F�Y,Y frnM�yY Glwrv.M owlYli Wwsi��cfiwl q � � � I,TOME1/.G.ATOf:/nRMG! SCNOLTEN'S GRpCERY 3 I 835 LOCN LON.OND R6AD I �5: 5AIN7 J011N,NB � O � � � � . rs�reRiom.+crriaai�cizioisncTCr,iFOas�Teu�an. PROPOSEDDEV�LOPMENT ne � 2. 'M�IRFLTCR51V�1LPfPLY I COAT Of RL!A[P.�2 TrjP IXf�JO'GR�A I�• o AV.Ip 61£l0'CCA75 TO A1 CXfER10.',t IHfEROR WL'RS 1 D0.'10.I'0.41I5. pRM�c iff1E L�S______"___'_____`___________________'_�'«�'----�-'_-_ _ _ ________ __'--_�-==�-'i'1J StXCYrtALJw�NU.�fRNAE9j 3. ws�.x�n�cc�iKr�r�-�n�xr99nwscn�ruEOiN�apn,� CONVENIENCESTORE �mrnritAww��r.rw.�RSUaJrm.er.;s. BUILDING ELEVATIONS 9. UI�L`7 N.�E'J O11KL115:,Al:D'�[AJOM1SARf[�4'S3E�IN IIVERIFI pEAR EtEVAT10N 41 u.sm a,'u scre wrm PPL 20 i 2072 1-0 I A I sru c�,.,» wu cr,z�.�au,m uKro 112xN0T[D 3�16'= I' CFL Ca �2 Tibbits, Kelly From: Taylor, Jonathan Sent: Friday, March 22, 2013 9:00 AM To: Tibbits, Kelly Subject: FW: Proposed section 39 Amendment 835 Loch Lomond Road -----Original Message----- From: External - Plannfng Sent: March-22-13 8:31 AM To: Taylor, Jonathan Cc: Kliffer, �ody; Lockhart, Lynda Subject: FW: Proposed section 39 Amendment 835 Loch Lomond Raad -----Original Message----- From: Joanne [mailto:roio2falro�ers.com] Sent: March-21-13 10:12 PM To: External - Planning Subject: Proposed section 39 Amendment 835 Loch Lomond Road Regarding the above proposal, I have no objection and am in favour of the proposed amendment which wiil allow a Scholtens gas bar to be constructed. I firmly believe that competition for the circle k across the street wi11 benefit the local residents. 7oanne Godfrey 908 Highmeadow Drive Saint ]ohn, NB E2J 3V1 Sent from my iPad 142 BY-LAW NUIVIBER C.P. ll0- ARRETE N°C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City 5aint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19) December, A.D, 2005, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A", the 1 La modification de l'annexe uA», Zoning Map of The Cit�� of Saint John, by Plan de zonage de The City of Saint John, re-zoning a parcel of land having an area of pertnettant de modifier la designation pour approximately 1278 square metres, located une parcelle de terrain d'une superficie at 4211 Loch Lomond Road, also identified d'em iron 1 278 metres carres, situee au as being PID Nos. 55091524 and 4211, chemin Loch Lomond, et portan# les 00353409, from "RS-1" One and Two NID 55091524 et 00353409, de zone Family Suburban Residential to "B-2" residentielle de banlieue — habitations General Business �nifamiliales et bifamiliales «RS-1>> a zone commerciale generale «B-2» - all as shown on the plan attac�ed hereto - toutes les modifications sont indiquees sur and forming part of this by-lavr-. le pian ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint 3ohn has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arrete le 2013, to this by-law the * day of *, A.D. 2013 avec les signatures svivantes : and signed by: Mayor/Maire Common C�erk/Greffier communal First Reading - Premiere lecture - 5econd Reading � De�ieme lecture Third Reading - Troisieme lecture - 43 ' Ad Number: A57340 Ad I�: 6271677 Advertiser Name; Saint John Common Clsrk Current Date: Feb 27 2013 09:20AM Start bate: 3/5/2013 Advertiser Code: S71206 End Date: 3/5/2013 Size: 4.00 x 12.50 in. Color: BIW Sales Rep: Elizabe#h Cook Client Approval OK❑ Corrections � • A � ��.a , e PROP05Ep ZONING BY�AW PI�JEf DE MODIR[ATION DE AIuFENDMENT AND SECTION L'ARRET�SUR LE ZONAGE Ef DE 39 AMENDMFM L'AR7ICLE 39 RE: 4247�211 LOCH OBJEL•47A7�277,CHEMIN LOMOND ROAD LOCF1 LOMOND Public Notite is hereby given Par les preserrtes,un avis public est that the Common Council oE donne par lequel le conseil�orrr The City of Saint John intends to munal de The�ty of SaintJohn consider amending The City of indique son int�tion d'�tudier la Saint John Zoning Bylaw and to mod�cation suivante a I'arr�t�wr consider a proposal at its regular le zonage de The City of Saint John meeting to be held in the Coun- et d'examiner une proposition, cil Chamber on Tuesdry,Apil lors de la r€union ordinaire qui se 2,2013 at 7:OQ p.m.,by: tiendra dans la salle du conspa!ie 1.Amending the Section 39 merdi 2 avrif�13 d 19 h: conditions imposed on the July 22,1985 re�oning of a parcel 1.Mod'rfitation des conditions of land with an area of approxi- impos�es en vertu de l'article 39, mately 3840 square metres, le 22 juillet 7985,rela[ivement located at 4207 Loch Lomond au reionage d'une parceile de Road,also identitied as PID terrain d'une superf9cie d'environ Nos.55043830,SSQ43&48, 3 840 metres carr�,5,situ€e au 00350835 and 55043855,to 4207,chemin Loch Lomond, permit a revised'proposal; et portant les NID 55043630, 55043648,OD35D835 et 55443655,pour permettre la 2.Rezoning a parcel of fand pr�sentation d'une proposition with an area of approximately r�vis€e; 1276 square metres,located at 4271 Loch Lomond Road,also 2.Rezonage d'une partelle de identified as PID Nos.55091524 terraind'unewperficied'environ 7 and D0353409,from"RS7" Z78 metres carres,sRu�e au 4211, One and Twa Famfly 5uburban chemin Loch Lomond,et por�rrt Resider�tlal to"B•2"General les NID 55091524 et 00353409, Buslneu. de mne r€�demiese de banll• eue—habltatlons unlfamiYales et REASON FOR CHANGE blfamlYalas.RS-7.8 zone mm- To permit the expansion of the merdale g�r�rale��2.. existing building for a retail liquor store,and to retognize RAISON DE LA MODIqCA110N: an existing parking area locat- Pemiettrel'agrendissementdu ed to the east of the building. t�timpit existant pour y�tablir un magasin de detail de la Societ�des The proposed amendmentr may akools e[reconna"rtre une aire de be inspected by any interested sutionnemelrc existante,situ�e a person at the office of the Com- I'est du badmertt. mon Clerk,or in the office of Planning and Development,City Toute personne int@ressee peut Hall,15 Marke#Square,Saint examiner les projeu de modi- John,N.B.between the hours of fication au bureau du greffier 8:30 a.m,and 4:3�p.m.,Mon- communal ou au bureau de day through Friday,inclusive, I'urbanisme et du d€veloppe- holidays excepted. ment a I'hotel de ville au 15, Market Square,Saint John,N: Written abjections to the 6.,entre 8 h 30 et 16 h 30 du amendments may be sent to the lundi au vendredi,sauf les jours undersigned at City Hall. f�ri�s. Veuillez faire parvenir vos objec- If you require French services for tions aux projeu de modification a Common Council meetiog, par ecrit�I'attention du sous- please contact the office of the sign�d I'hotel de ville. Common Clerk. Si vous avez besoin des services Jonathan Taylor, en franSais pour une reunion Assistant Common Clerk de Conseil Communal,veuillez 648-3703 contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal adjoEnt � b48-3703 ,�:., r� � � a 44 'f� '•• ,i .�' '� ADD PftOPEAiY LI6E5ISETHACKS 75 FEB 1� �/' '` NO kEYI5lON �A'fE � /`\ `�; �' i / • • �o�/ � � \ ` ��/ \ T� '�' \/�BSETBACK\` �� .•� � I.IN� �` � r,�...•'g �� ' � ; � � �111�I1 lV�l� J� .,•- , , . , � 5�:�' / � � �.•-•' - - �� , oeadiae �--�'' _ - �� - ` eo�itroetion �..�'"� _ - ' '°�� aeadt��n� ��' _ _ — _ � � \ \ � s �� PROPOSPJ_ PIiEPAf�D FOR � � t _ �� \ 4 � � BUIlDING\ e<' 7B' � �s PID 55091526 �.-� SET9AC �B' ammoN .� ; LIl+E ��' 10 � -� � , �'�� \ ❑ � � . 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Box 1971 506 658-2800 Advisory Committee Sair�t John New Brunswick Canada E2�,4L1 March 20, 2013 �, � �� . pf�F4'G '6W��Lh �Y� � Your Worship and Councillors: City of Saint ]ahn SUBJECT: 4207 Loch Lomond Road Section 39 Amendment and Rezoning On March 5, 2013 Common Council referred the above matter to thc Planning Advisory Committee far a report and recommendation. 'Thc Committee considered the attached report at its March 19, 2013 meeting. John Kilpatrick, the applicant, was in attendance ai ihe zneeting and was in favour of stafPs recomrnendation. No one else appear.ed before the Committee to speak in favour or against the applicati�n, and no letters were received. � After considering the report and comments made by thc applicant, the Cornrnittee recommended approval of the Section 39 amendment and the reroning of a porlion of the property from "RS-1" One and Two Fa�nily Suburban Residcnt�al to "B-2" General Sasiness, subject the revised conditions set out below. 12ECOMMENDATION: 1. That Common Council amend the Section 39 conditions imposed on the July 22, 1985 rezoning af�a parcel of land with an area of approximately 3 840 square metres, located at 4207 Loch Lomond Road, also idcntificd as PID Nos. 55043830, 55043848, 00350835 and 55043855, to permit the proposed expansion of the existing building and to permit a liquor stare, subject to the following additional conditions: a) The proponent must pave all parking areas, loading areas, manoeu`•ring areas and driveways with asphalt and enclose them with cast-in-place conerete curbs where necessary to protect the landscaped areas and to facilitate proper drainage within one year of the issuance of a building permit. b) All disturbed areas of the site not occupied by the buiidings, driveways, walkways,parking or ioading areas musi be landscaped 49 -2- by the proponent within one year oi'the issuance of a bui]ding permit. The landscaping musE extend onto the City street right-of- way to the edge of the travelled road. c} The applicant's engineering consultant must su.bmit a detailed grading/stormwater manage�nent plan/design brief for thc proposed addition to the City's Chief Engineer or his designate for review and approvai. 2. That Common Council rerone a parcel of land vviih an area of approximately ]278 square metres, located ai 4211 Loch Lomond Raad, also identified as PID Nos. 55091524 and Q0353409, from "RS-1" One and Two Family Suburban Residential to`B-2" General Business. 3. "T'hat, pursuant to Section 39 of the Community Planning Act, thc parcel of land with an area of approximately 1278 square metres shall only be used in conjunction with, and subjcct to thc samc conditions as the adjoining land having PID numbcrs 55043830, 55043$48, �0350835 and 55043855. � -�,Respectfully submi d, , � �� i �, ' ��' � : 3 � dVio g ,gan Chair ` � JK Project No. 13-036 50 r � �+ �6+ � � �,.f��,•. The City of s,inY john DATE: MARCH 15, 2013 TO: PLANNING ADVISORY COMMITTF,F �ROM: COMMUNITY PLt1NNING&DEVELOPM�N`T SF,RVICE GROWTII & DEVELOPMENT SERVICES FOR: M�E"TING OF MARCH 19, 2013 PRL.PAI�ll BY: �:VIEWF.D B�Y: �� - � , �;, r� �: � , i fer Mark Reade, P. Eng., MCIP, RPP Planner Senior Planner S UBJECT: Name of Applicant: John Charles KiIpatrick Name of Owner: Cobalt Properties Ltd. I,ocaiion: 4207-4211 Loch T omond Road PID: 00350835, 55091524, 00353409, 55043830, 55043848, 55043855 Municipal Plan: Rural Sett�emcnt Zoning: Existing: `B-2" General �3usiness and"RS-1" One and Tv4o Family Suburban Rcsidential Proposed: "I3-2" General Business Proposal: "i'o construct an addition to the existing retail space ta establish a ANBL Agency storc and rezone properties with PID numbers 55091524 and 00353409 to "B-2" to align with the rest of the property, Type of Application: Section 39 Amendment and Rezoning f�`��r,�= 5A.I1lT J�7HN P.U. Bflx 197'I ]ai�it john, f��l�� Canada E2L��i1l ,�,.., .��;�,chr7,ra C.P 1�73 :anit)a�r-. 'd -6 C.1n..J�� E2l.4L1 �� John Charles Kilpatrick page 2 4207-421 1 Loch Lomond Road March 15, 2013 JURISDICTYON OF COMMITTEF.: Common Council has requested ihe views of the Planning Advisory Commiitee concerning propased amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, Apr�12, 2013. The Cammunity Planning Act authorizes the Planning Advisory Committee to givc its views to Common Council concerning proposcd amendments to the Zoning By-law. The Committee recommendation will be considered by Common Council at a public hearing on Tuesday, Apri12,2013, STAFF RECOMMENDATION TO COMM�TTEE: 1. "That Common Council amend the Section 39 conditions imposed on the Tuly 22, 1985 rczoning o(�a parcel of land with an area of approxirnately 3840 square mefres, located at 4207 Loch Lomond Road, also identified as PIll Nos. 55043830, 5504384&, 00350835 and 55043855, to permit the proposed expansion af the existing building and to permit a liquor store, subject to the following aclditional conditions: a) The proponent must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place conerete curbs vvhere necessary to protect thc landscaped areas and to faciiiiate proper drainage within one year of thc issuance of a building permit. b) All disturbed areas of the site not occupied by the buildings, drivcways, walkways, parking or loading areas must be landscapcd by the proponent within one year of the issuance of a building permit. The landscaping must extend onio tbe City strect right-oi= way to the edge of the iravelled road. c) The applicant's engineering consultant must submit a detailed grading/stormwater management plan/design brief for the proposed addition to the City's Chief�nginccr or his designate for review and approval. 2. That Common Council rezone a parcel of land with an area of approximately 1278 square metres, located at 4211 Loch Lomond Road, also identified as PID Nos. 55091524 and Q0353404, from "RS-1" One and Two Family Suburban Residential to "B-2" General Business. 3. That, pursuant to Section 39 of the Community Planning Act, the parcel of land with an area of approximately 1278 square metres shall only be used in conjunction with, and subject to t�e samc conditions as the adjoining land having PID numbers 55043830, SSO43848, 40350835 and 55043855. 52 Jahn Charles Kilpatrick Page 3 4207-421 l Loch Lomond Road March 15,2013 BACKGROUND: In 1985 the portion of the subject site with PID numbers 550�3830, 55043848, 04350835 and 55043855 was rezoncd from "RS-1" One and Two Pamily Suburban Residential to "B-2" General Business to permit the expansion of an existing service station ihat was operating as a legal non-canforming use. Section 39 conditions were imposed Iimiting the use of the site to "a service station, ihe sale of gas and ather automobilc-related aclivities". In 1995 Common Council amended the Sec#ion 39 conditions to permit the sale of groceries, hardware and other household items in addition to the uses already permitted, and to permit the establishment of a maacimum 804-square-foot convcnience store within the existing building. In 2008 Co�nmon Council again axnended thc Section 39 conditions to "permit a re�•ised proposal", which included an expansio.n of the retail area io a total of 200 square metres within the cxisting building, and the proposed addition of a bakery, a deli and a farmers' market. The farmers' xnarket was never established. �NPUT FROM OTHER SQURCES: Infrastructure Development has the following comments on the proposcd Section 39 amendment and rezoning application: • There is no municipal servicing avaiiable for this properly. • A detailed grading/stormwater managcmeni plan/design brief(#'or the new addition) must be submiited by the owner's engineering consultant to the City for review and approval. • A�1 parking must bc pro�'ided Ior on-sitc. Inspectir�n & Fnforcement Service has no concern with this application. Saint John Fire Department has stated that, bascd on the expansion of the retail store, the applicant must consider the following condiiions of the 2010 National Building Code/National Fire Cade, which include but are not limited to: • Emergency Lights based on the 2010 Natiot�al Building Code to be installed • Exit Signs based on the 2010 National Building Code to be installed • Approved, portable firc cxtinguishers be installed not less than 2Al OBC • �,mcrgency fire safety plan must be submiited to the Saint John Fire Department, a copy of such plan may be obtained from the Fire Prevention Division 658-2962. ANALYSIS: Site and Surrounding Area The subject property is located adjacent to the Saint John Airport and backs onto Treadvvell Lake, A� Irving convenience store with four gas puznps occupi�ihe front of the lot, with parking area.� located on John Charles Kilpatrick Page 4 42Q7-4211 Loch Lomond Road March 15, 2013 either side of the building. The building includes a seasonal ice cream parlour, "Frosty Lodge", a deli and a bakery. The surrounding area is semi-rural in character, comprising of several residential homes, an clementary school and the Airport. Proposal The app[icant is seeking an amendment to the existing Section 39 conditions to facilitate thc current proposal to expand the building by approximately 79 square metres and incfude a liquor store as a permitted use. The application includes a required rezoning of a portion of the property (PiD 55091524 & 00353409), which is currcntly used as a parking area for the gas bar, from "RS-1" One and Two Family Suburban Residential to "B-2" General Business. The rezoning will align the zoning of the parking area with thai of the rest of the site. The 1995 axnendment of the Section 39 conditions included the sale of groceries, hardware and other "household" items. The applicant has since been awarded a licence by the Province of Nevv Brunswick to operate an ANBL Agency store. The sale of liquor, however, was nat identified arnong the permitted uses for the retail store. As such, the applicant is current�3• seeking to amend the Section 39 conditions to include the sale of alcohol. If approved by Council, the proposed liquor store would include an approxirnate 77 square metre addition to the existin� building, resulting in a total of 350 square metres of ground floor area of retail space. As mentioned above,previous Section 39 arnendment in 2048 permitted a maximum of 200 square metres of retail space for the subject site, which requires an amendmcnt to the existing Section 39 conditions. The addition would be on the castern side of the building, as generaIly depicted on the attached site pIan. Rczoni�g The proposal also includes the rezoning of the portion of the site with PID numbers 55091524 and 00353409 from "RS-1" One and "Two Family Suburban Residential to "B-2" General Business. The proposea rezoning will align these properties with ihe existing zoning of t.he rest of ihe property. The parcel with PID 00353409 has been used as a parking area for the existing gas bar for a number of years, but was not included in the original rezoning of the property as it was unlikely used as a par�ing area in 1985. The plans submitted by the applicant indicate that ihe parking arca provided onsite can more than adequately satisfy ihe requirements of the 'Loning Bylaw for the proposed addition and existing convenience store. The surface of the parking area, however, on the eastern portion of the property, subjcct�o the rezoning portion of this application, is currently gravel. "1�he applicant is aware of this deficiency and has indicated that he intends on paving the parking area as part of the cutrent expansion plans. Staff are praposing a Section 39 condition to ensure this work is completed, which is standard for these types of czrcuznsiances. This work should be completed within one year of approval of the building permit for the proposed store expansion. CONCLUSION: The applicant is seeking to amend the existing Scction 39 conditions to permit the expansion of the retail area to include a liquor store. The appIication include��rezoning component, whieh, if approved, would John Charles Kilpatric[c Page 5 4207-4211 Loch Lomond Road March 15, 2013 align the parking area of ihe subject site with the zoning of fhe rest of the property. Approval af the proposal is recommended, subject to the noted conditions. JK Project No. 13-036 55 PLAI�iJING AND DEVELOPNfENT1URBANISME ET DEVELOPPEMENT o u 37 5 � te ]3 75 72 77 1 ! 7 o° F 1� • 3 78 1$ !T��L 17 iO �-� I7 ; L' 0 ` � - � ' � �i m � u� , � � � ' ''. � / r' �247 131 /• � �tE6 ,` _' �• � �� '. �� .:,� ,i' '`•.,� ., ,,.7 {2a, � � d.��! ' �•`, _�.•�t�C1i 5�t� � . ��. .� � �� ea �� PID(s)/NIP{s}: Subject Site/site en question: 55043848, 5504383Q, 55043$55, 00350835, 55091524 & QQ353409 Location: 42a7 Loch L.omond Road Date: February 26, 20'i 3 Scale/echelle: Not to scale/Pas a I'echelle 56 � � � 4 MA PAOP6t37 LIEE'SfSEfBA0C5 15 F� 13 y I� AEYiS10N DA1E .�' �, � �, . � �� `, -� , • . hb' '1�� \ � , Bt11LD[NG 1 � �CK� S " ` ' 4 � � ��r�,�r ,.�-"'�� ' � � ` � .ti�;.•� .. _ � � 1 � �,,,,.� �� a�adfa• -�',•�• � _ , '� `` � �isead�t�iR � � p 1 ` ' G \ � PAOP�L PI�PAR� PGR l r � I � 1 ,�BUILOIIIQ� 61• t!• � 1jj, PID 5599152i �_.� imrr[ '.� � LIHE ��, � 1° •�� 1` � � ` - - � � �1 P�O 353ao9 �, alcool • IiquCr � ' ' � � � � t �� . �� t � $ �.` � �� . . 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I I: ; i s � , ( CORRIDOR O�Od;O■ � � � � � � e•srtr eEieA � � a�ad�snne i , � ��— � ' � �IRIFSIMIIE�ISAA1' '' ' I I � 1°� � J WA�LK_f N � �' i a�-�o� r� PftOPOSAL PREPAFiED FUft , � COOLFR � ' � _ _ ; I � '�f OFFICE ^ � ! —�--I � �� I � � II I! o � I I s� I I i , � I I � � ef� , F � I N � �°,� � � " � "aty I—.._ � �� o � �., v g tl � �I � I I 'I ' $ AREA'! r�w �INE ; � ' � � ' a 91C001 • II�UO� I I I(I I I I FREEZER I ,f OF COLUMNS.�I � �� I �� I ��i � �, j � �� _ ;, � !jII' � � � ��. �q i � i �i��l�� STORAGE � �- ! ' i' ' i � j ' f� � � ��I �-- � � RETA I L � "� ; � a ° � AENOVAT I ONS � ;� �� J � �� a� � � �+ I R V I N G � I L � ! � "j �'j � 8� Loch Lan�and Road i � Loch Lamand NB ' e�w.� „�x. _ ENTRY � � o.4cooa j� _._._ _ _ _._._ �.� _._._._. 0 f� _.._ _ __ __. .__,:_-,� RfNOVATED FLOOR PI.AN, NEk DOCRS FLOOR PLAN . SULE 1/8'-1'0' �le date ,� �� .zo,z P3 ��. Q�ot�. 12059 15 FE8 13 58 .... �A .f� .,�++^;7.'C• t;� ...... � _ ,�,. 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T�'„-'' 'i ::_� `i e� 51 n... , t � .. � ♦ t �+ c �� -.-� ��.,.,, ,�- ` h .S �` �_ �'r ..�. ,.� :,� }Q341{ � �R- � l�. �•:.rr �'�GJ`s. ��^ ..��•�- i,.r,> T r.c � .�- ' �1�1,,,,�z�tSA' �_y_-�.��f^ ., ` t�r'x�,,�,�5'� K? _. - - �., ? ..,► .7`-i4.y "" '� -�",.` i" - e- /�i..ti? �Y�''`4L 1.-r13�f-��Zw�� a �� .�st��-�r`=`..•� -.i- �x��.�'k+,.; .�.z � .< ��' �? .� r,C7 •.r� _ '"�� , ,c!^.�,"'7c.�_U . _. �ssl.�:' __.c�';:��,i�ai,,-�-�.v.�r_ ^ .v _ t�:..-x__ _ r,<__•�s '^-� ` 's-��tr�� _ . .. y•� --. a- . . f'- i'�..��'y- 60 /� . ! M � .--i � �'1 W � z March 26, 2013 z x His Worship Mayor Mel Norton o and Members of Common Council ti � Re: Peel Plaza and Wellington Row Properties z Your Worship and Members of Council, � ¢ � We are responding to a recent story in the Telegraph Journal which talked about the Jelly Bean buildings as they have affectionately become known. City crews were recently working �" on one of the buildings that boarders a parking area to ensure W debris would not fall on vehicles. w � The condition of unoccupied buildings can deteriorate at a faster �� rate than occupied and heated buildings as is the case in these �' City owned buildings. A plan of action needs to be developed v before we have a more dangerous situation to deal with. z The attached 2008 copy of `District Wealth Creation - A Cultural � Strategy for Saint John' DWCS identifies a potential development scenario for the subject properties. 0 � "The opportunity from this extraordinary grouping of assets is the restoration of a complex urban village. The continued presence of unique � small shops and professional offices that have survived under adverse conditions speaks to the potential of this area."—DWCS � o The concept of providing new life and a creative atmosphere in an historic setting would stimulate further investment in this ' '� area on existing vacant lands. This redevelopment strategy has `� been proven successful in many communities. Uptown Saint John +� Inc. is interested in moving an investment initiative forward in � � collaboration with interested partner(s). � .._ tcS tn T. 506. 633 .9797 F. 506.65$13525 www.uptownsj .com M � r� c�1 � Initial discussions were underway with a committee that had been established by staff but we are unsure of the status of this � committee as no further meetings have be held or planned. We z strongly urge Council to initiate a forward looking process that will see these assets repurposed to become the stimulus for � further growth in the area. We would like to be part of the � process and look forward to participating in a meaningful way o towards attaining our mutual goals. � � Sincerely, � � d /�r. Matt Alexander � President, Uptown Saint John Inc. H w � � � � � z �. � � � � � 0 ; .� C�� .� � (� T. 506 . 633 . 9797 F. S06 . o52 .� 25 vv��i ��-. u ,;to�-i,�s; corn . � • ,�� = • • • • • • - �/ District Wealth Creation — A Cultural Strategy for Saint John UPTOWN SAINT JOHN - FINAL REPORT APRIL 2008 CREATING I63URBAN � WEALTH DISTRICT WEALTH CREATION — A C�ILTVRAL StRATEGY FOR SAINT JOHN Place + Culture = Wealth Place � � Authentic Urban Competitiveness Environmen[s �� I Creative and Culturel Industries SUMMARY.................................................................................................................................... 1 CREATIVE CITY BUILDING...................................................................................................... 5 Utilitarian and Creative Values................................................................................................... 5 Scalesof Creativity..................................................................................................................... 6 WHERE ARE WE NOW? RESEARCH AND ANALYSIS ....................................................... 10 Summary Challenges and Opportunities .................................................................................. 10 Existing Plans and Strategies.................................................................................................... 11 CommunityConsultation.......................................................................................................... 13 Creative Economy Analysis...................................................................................................... 19 WHERE DO WE WANT TO BE?............................................................................................... 21 Visionand Principles................................................................................................................ 21 Leadership and Shared Governance.......................................................................................... 23 Strategies................................................................................................................................... 26 Evaluation of Priority Projects.................................................................................................. 43 HOW DO WE GET THERE?.......................................................................................................48 Priority Projects: Program Scope and Schedule .......................................................................48 ImplementationProcess............................................................................................................ 48 Implementation Tools and Mechanisms................................................................................... 49 APPENDICES .............................................................................................................................. 55 Glossary.................................................................................................................................... 55 Intervi ew s.................................................................................................................................. 5 8 CreativeIndustries Maps .......................................................................................................... 65 64 SUMMARY Study Purpose This District Wealth Creation Strategy (DWCS) was commissioned by Uptown Saint John. The project began in 2006 with Uptown Saint John undertaking a mapping of cultural assets in the district. The goal since then is to establish a coherent vision for the uptown peninsula that would increase its cultural vibrancy, grow its creative and cultural economy, and provide strong cultural and entertainment experiences for both residents and tourists. Experience in other cities demonstrates that successful districts generate significant municipal revenues and are engines for growing loca] economies. The goals is ]everaging the city's cultural assets so that Saint John will stand out among the global competition for people and investment. The core assignment was to identify five "key projects" that Uptown Saint John and its partners could implement to advance these goals. DWCS identifies these projects but places them in a larger strategic framework to support their implementation and, more broadly, to strengthen Saint John's capacity to realize its potential as a creative city. The study took place over seven months involving a range of research and community consultation. Creative City Planning Assumptions DWCS recognizes creativity as a central driver in urban development and city building today that stands in contrast to utilitarian values that often drove decisions in the past. A creative perspective embraces a long-term vision that values benefits and return on investment over costs. Returns from creative policies, partnerships or projects can be calculated in greater asset and property value, higher revenues, stronger quality of place, expanding sources of employment and wealth creation in the rapidly growing creative industries. Utilitarian approaches, in contrast, require predictability,reduce or minimize costs and municipal investments. The approach to urban development embodies those values that Oscar Wilde described as those who "know the price of everything and the value of nothing." Quality of place is ]ost in a downward spiral of efficiency and cost control. Embracing creative rather than utilitarian values are a condition for success in implementing DWCS. DWCS is built on a planning framework that recognizes five distinct scales or spheres of creativity: Creative Cities, Creative Economies, Creative Industries, Creative Districts, and Creative Hubs. These scales are interdependent, all contributing to the connections that produce the creative ecology of the city. Identifying and distinguishing scales makes it possible to choose the best policy tools, partnerships and resources needed to leverage real change. Summary Challenges The most significant challenge facing Saint John is harnessing the transition to a creative economy to ensure sustained prosperity. The challenge for the city is reaL The Conference Board of Canada recently ranked 27 Census Metropolitan Areas (CMA) on factors affecting their attractiveness for population growth and investment. Saint John ranked 18th in innovation, 25th in education, 24rh in economy and 26th overall. 65 1 Major energy sector projects and investments planned for the region are powerful economic engines. However, they also point to the need to stimulate investments and grow other parts of the economy and diversify the economic base. More specifically challenges include: 1. Inadequate post-secondary education and research resources and partnerships—a growing creative economy requires strong training and education programs and research infrastructure to fuel local capacity to innovate and to attract and retain an educated workforce. A stronger presence of post-secondary institutions in the Uptown will also draw more people into the district to live, work and play and create conditions for a `24/T dynamic city centre. 2. A heavy concentYation of public facilities and inf�astNUCture. These facilities draw people and contribute to the quality of life but are not leveraging significant economic activity. The development of civic and cultural infrastructure is overly concentrated,put in malls or disconnected from source and client institutions where they could contribute significantly to economic development. 3. High vacancy rates above st�eet level in a large number of historic properties. There is little life over the store in the historic centre of the city. New development does not appear to value redevelopment of existing and heritage property over new construction. 4. Introverted modern development. This form of development turns its back on the city and removed people from the street. It is evidence in the three large introverted mall blocks along King Street with internalized pedestrian system. This acts as a barrier to the assembly of remarkable and extroverted heritage buildings with street level pedestrian movements surrounding the mall blocks and creates a barrier across the north-south access routes of the Uptown. 5. Poor quality of street and building design and way-finding. This creates many barriers to developing pedestrian activity and a customer base for shops and street level businesses. There does not appear to be minimum design standards rigorously applied to new construction. 6. Weak networks and inadequate resources supporting the creative and cultural sector. These resources play major roles in expanding the creative economy and enriching quality of place. Significant strategies to build the capacity of this sector by providing hubs and creative spaces where cultural industries can innovate and flourish are absent Element of the Strategy DWCS is set out in four parts. • Vision and Principles—a statement of the importance of creativity and culture to Saint John's future prosperity and quality of life, Principles for Creative Place Making • Governance—recommendations about how the municipality itself might better organize itself to support creativity and culture, and proposals for a Leadership and Shared Governance system to support business and community partnerships. • Strategies and Actions—recommendations and conclusions about key projects and broader urban development approaches to different segments/precincts of the Uptown. • Implementation Process and Tools—a recommended path forward to implement DWCS and financial tools and investment mechanisms to support its implementation. 66 2 Precincts and Projects As a context within which to understand and implement key projects, DWCS divided the Uptown into a series of Precincts based on built form, current land use (vocation) and redevelopment potential. Each Precinct is described and an overarching development vision is outlined for each. DWCS identified a list of potential Projects which were then subjected to a series of evaluation criterion to identify priorities. The full list of potential projects includes the following: i. Cultural Mapping/Cultural Portal ii. New Festival/Festival Venue iii. Educational /Training—Creative Industries School iv. Educational/Training—Urban Institute v. Reception and Interpretive Centre—Waterfront vi. Performing Arts Venue vii. Cinema Renewal viii. Upper Floor Live/Work Strategy ix. Restaurant Row x. Commercial Street Improvement Plan xi. Atelier Complex xii. Creative Convergence Centre Based on evaluation criterion,priority projects identified are the following i. Cultural Mapping/ Cultural Portal ii. New Festival /Festival Venue iii. Urban and Community Development Institute iv. Upper Floor Live /Work Strategy v. Commercial Street Improvement Plan vi. Creative Convergence Centre It is anticipated that next steps will include confirming a leadership group to take ownership and lead DWCS implementation, and striking Working Groups for each priority project to further define each project, identify project leadership, define the partnerships and collaboration required for implementation, and develop the detailed business case for each project. 67 3 Acknowledgements The consultants would like to thank all those who contributed to the study. Thanks to the many that responded to surveys and participated in community forums for their ideas and input. Project Steering Group Andrew Beckett Imelda Gilman Jiin Bezanson Peter Asimakos Bernie Morrison Jane Fullerton Joann Hamilton Peter Buckland Dick Daigle Janet Scott Kathy McCarroll Randal Hatfield Bernie Cormier Jason MacLean Michel Cote Robert MacKinnon Bernie Morrison Jeff Roach Michelle Hooton Ross Jefferson Craig Campbell Jeremy Higgins Paulette Hicks Shirley Elliot Ian Cavanaugh The project is being funded by the Province of New Brunswick, City of Saint John, Uptown Saint John, Commercial Properties Ltd., and the New Brunswick Museum. 68 4 CREATIVE CITY BUILDING The District Wealth Creation Strategy (DWCS) is built on a number of planning assumptions. Its success will also depend on building a shared vocabulary across a wide range of actars. Appendix A offers a Glossary of key terms. A. UTILITARIAN AND CREATIVE VALUES A creative perspective emphasizes benefits over costs because creativity is a value proposition. It leverages value and wisely uses and manages the risks of innovation to produces otherwise unattainable returns on investment. Returns from creative policies,partnerships or projects can be calculated in greater asset and property value, higher revenues, stronger quality of place, smarter and more sustainable processes and technologies and more inclusive social practices and outcomes. A creative perspective on urban development is by nature permissive and rislc embracing. Permissive,because creativity cannot be legislated or regulated into existence, nor can it be anticipated. Creativity requires an open environment, which places a high value on originality and on new ways of both looking at and doing things. A creative perspective is risk embracing because creativity involves a departure from the familiar and known. Each step towards innovation is a step towards greater possibilities for both failure and innovation. Utilitarian Perspective Creative Perspective Cost Benefit Fund Invest Function over form Function and form ("make beauty necessary and necessity beautiful") Control taxes Maximize return Generic and predictable Original and unique Uses Outcomes Homogeneous Diverse and heterogeneous Ensured Securi Managed Risk Simplicity Complexity Efficiency of space Quality of place Cost of construction Returns over lifec cle Formulaic Artistic Deliverin on ex ectations Novelt of ex erience Reducing cost Adding value Same as the other lace Uni ue to this lace Immediate results Long-term change Repetition Innovation Ri id s stems Ada table s stems Convenience Experience Growth Develo ment Separation Integration Build Design 69 5 Utilitarian approaches require formulas that maximize predictability and consistency. Utilitarian perspectives built on the contro] of cost as the driving principle have reduced potential for payback and for out-of-systems risks and rewards. The view of place development is introverted and self-contained. It embodies those values that Oscar Wilde described as those who "know the price of everything and the value of nothing." The focus is on stretching taxes dollars and doing only what has immediate utility. These are costs connected with basic utilities and services—the `3-Ps' of police,pipes and pavement. "Soft" services are cut to accommodate the "core" services of the city. With each lost library book, cancelled cultural program and broken-down recreational facility, the quality of life and place is undermined. Public buildings become an eXercise in minimal and efficient use of tax dollars, with little attention to quality or aesthetics. The very essence of creativity"to make beauty necessary and to make necessity beautiful" is lost in a downward spiral of efficiency and cost control. The loss of originality and the focus on the cheap and formulaic leads to what James Howard Kuntsler calls "the geography of nowhere'- when every place looks the same, there is really no such thing as place anymore. An authentic and creative city has tight and dynamic use of land and weaves density, design and originality into the fabric of its neighbourhoods and public spaces. It organizes itself to plan for investments and has the patience to harvest returns on those investment. Singapore, Barcelona and Portland are testaments to integrated creative approaches to organizing cities and city systems. B. SCALES OF CREATIVITY DWCS identifies five distinct but interdependent scales or spheres of creativity: i. Creative City ii. Creative Economy iii. Creative Industries iv. Creative District v. Creative Hub. These scales or spheres have `soft edges' or boundaries with synergies and connections that contributes to the creative ecology of the city. However, identifying and distinguishing scales makes it possible to choose the best policy tools, partnerships and resources needed to leverage real change. i. Creative City "We must put c�eativity and place at the centre of the vision of cities"'. External Advisory Commission on Cities and Communities (Harcourt) Committee Creative cities have a strong sense of their identity, their uniqueness and their defining strengths. They have a clear sense of the strengths and attributes that make them unique on the world stage. And they are able to tell these stories in clear and compelling ways. A creative city demonstrates ' External Advisory Commission on Cities and Communities(2006).From Restless Communities to Resilient Places:Building a Stronger Future for All Canadians. Ottawa. 70 6 the characteristics essential to nurture human creativity. It is an open, networked and fluid society that welcomes new people and adjusts easily to new ideas and new immigrant groups; it celebrates diversity, enterprise and responsible risk-taking. The Harcourt Committee identifies three fundamental capacities needed to build sustainable and resilient cities and communities: • Productive creativity--the ability to attract, retain and nurture talent, and to foster the clustering of innovative enterprises, commercial as well as social; • Civic creativity—an engaged population and citizenry, acting collectively through the community and government to shape their future; and • Community cohesion--a sense of belonging and shared purpose among individuals and groups at the local level, supported in part through creative and cultural expression. Creative cities have supportive policy and planning environments that allow citizens, community groups and business to worlc together to realize shared objectives. Planning is based on long-term visions that guide decisions and investments today. Saint John's Vision 2015 embraces these values. DWCS is knit into Vision 2015 and reflects it core principles and values. ii. Creative Economies Creative economies reflect the basic shift in the structure of the global economy from one based on the production of goods and services to a knowledge based economy focused on the creation, transfer and use of intellectual property in all its forms. Creativity drives economies in (at least) two ways. The first is as a pervasive force in all economic activity. The challenge for all businesses and industries today is to continuously innovate, to build creative entrepreneurial capacity, to bring new, value-added design and distinguishing features that will result in unique, distinctive and original products and services. Daniel Pink's "The MFA (Master of Fine Art) is the new MBA" captures this idea. Creativity as a practice is really the basis of a creative economy. It is the new engine of prosperity itsel£ Jurisdictions which do not learn this are marginalized, condemned to waging a losing battle against the inexorable drive to lower costs. Enterprise Saint John (ESJ)recognizes the central place of creativity in economic and broader community development objectives. The challenge is developing the capacity of the city and its residents to embrace continuous innovation. This requires nurturing new forms of creative leadership and entrepreneurial capacity. iii. Creative Industries The second way in which creativity drives economies is through a specific range of rapidly expanding industries and economic activity. The idea of the creative industries was first articulated by a Creative Industries Task Force (CITF) struck in the United Kingdom in 1998.� The Task Force defined creative industries as: "activities which originate in individual creativity, � Creative industries were de6ned as: "activities which onginate in individual creativity, skill and talent and which have the potential for wealth and job creation through the generation and exploitation of intellectual property". 71 � skill and talent and which have the potential for wealth and job creation through the generation and exploitation of intellectual property." Toronto Artscape defines the creative and cultural industries from a more functional perspective as an interrelated ecology of enterprises that create, manufacture, distribute and eXChange cultural products and services.3 DWCS mapped the creative economy in the Uptown and the larger Saint John Central Metropolitan Area(CMA). This began with the Creative Cultural Industries—from Architects to Conductors/Composers, to Photographers, to Theatre, Fashion, Exhibition and Other Creative Designers, to Visual Artists, etc. However, in keeping with current thinking shaped by leading researchers such as Richard Florida, it eXtended creative industries to include: Technology and Professional;Law and Education; and Finance. It also mapped closely related economic activity in Hospitality and Specialized Retail. Saint John has emerging strengths in these six sectors as described later in the report. iv. Creative Districts Creative industries exist in the urban landscape in identifiable clusters. Groupings of interconnected businesses, institutions, places and scientific and cultural resources that are interconnected and interdependent can form a creative district. When suf�ciently networked the creative activities of different businesses, artists, scientists and entrepreneurs converge to produces new ideas, products, services, art and design. Concentrations of creative industries in districts sometimes form out of a planned collocation of the components of a creative cluster. Other times they are the response to the unplanned stimulus of a significant investment in or development of a cultural ar scientific resource (e.g., a museum or university program). Still other form in response to the clustering and diversification of a dominant industry (e.g., Financial Services). Other success factors in successful creative districts include location, quality, character, size, affordability, zoning, population and demographics change, and clustering of undervalued buildings. The economic structure of the district is critical and consideration should be given the current mix of uses, the density, ownership of land and buildings,presence of a university or research facilities, the mix of private/public sector assets and concentrations of creative workers. In all these cases a cultural and commercial ecology emerges. The district builds a distinct identity that is authentic, attractive and unique enough to become a self-generating attractor. v. Creative Hubs or Convergence Centres "Old ideas can sometiines use new buildings; new ideas must use old buildings." Jane Jacobs In some cities `creative hubs' or `convergence centres' are being established to support the growth of creative industries in specific districts. Toronto Artscape describes them as "multi- dimensional facilities that foster localized collaboration, experimentation and learning through 3Vision 2011: Thinking Big About Culture-led Regeneration (2006). Toronto Artscape 72 g their flexibility of function and quality of design"4 and considers them part of the necessary infrastructure of creative districts. There is no recipe for these centres. They emerge in response to local circumstances and needs. All serve as incubators where people from different professional backgrounds and disciplines come together to generate unique products and services—what Toronto Artscape speaks of as `platforms for collaboration. As such, they are part of the necessary `hard infrastructure' —the mix of workspaces, galleries, cafes, streets and pubic spaces that provide creators with hubs of interaction and support. But they also contribute to the necessary `soft infrastructure'- collaborative partnerships, active intermediaries, and various other platforms for cross-over between sectors and disciplines. Building shared knowledge and networks are increasingly supported by web-based platforms. Some provide venues for training and education programs, some with links to post-secondary institutions. Others provide shared administrative space and support services for small organizations/enterprises used on an `as needed' basic—e.g., meeting rooms and boardrooms, reception, telecommunications systems, facilities for video conferencing, etc. In reviewing initial proposals related to a Convergence Centre as a possible DWCS project, the Steering Group stressed the need to carefully assess which functions might be served by such a facility and whether some or all of these might be addressed by extending mandates and resources for existing agencies. 4 Ibid. 73 9 WHERE ARE WE NOW? RESEARCH AND ANALYSIS A. SUMMARY CHALLENGES AND OPPORTUNITIES Emerging from the research and analysis described in the pages that follow, are the following key conclusions. The most significant challenge facing the local economy is harnessing the transition to a creative economy to ensure sustainable prosperity. Saint John's challenge is real. The Conference Board of Canada recently ranked 27 Census Metropolitan Areas (CMA) on factors affecting their attractiveness far population growth and investment. Saint John ranked 18th in innovation, 25th in education, 24th in economy and 26th overall. Major energy sector projects and investments planned for the region are powerful economic engines. However, they also point to the need to stimulate investments in other sectors to diversify and grow the regional economy. The components of this challenge include: 1. Inadequate post-secondary education and resea�ch facilities and�esources. The clusters of financial, legal and ICT businesses are significant employers and the long term sustainability and growth of these clusters are linked to the ability of the community to sustain educational programs that bring young people to the city. Introducing young people to opportunities in Saint John while they are pursuing post-secondary studies is a more efficient strategy for building a creative labour force than recruiting a workforce from outside the city. 2. Post-secondary partnerships. For Saint John to maintain and develop its professional workforce in the creative industries requires strong post-secondary links. Stronger training, education and research facilities and capacities—particularly if located in the Uptown—are essential to building the creative economy and the local capacity for innovation. A strong presence of these institutions in the Uptown would also help create conditions for a 24/7 dynamic city centre. This must be a top priority in the DWCS. 3. A heavy concentration of public facilities and infrastructure. These facilities draw people and contribute to the quality of life but are not leveraging significant economic activity. The development of cultural and economically critical knowledge infrastructure is overly concentrated, put in malls or disconnected from source and client institutions where they could contribute significantly to economic development. 4. High vacancy rates above street level in a large number of historic properties. There is little life over the store in the historic centre of the city. New development does not appear to value redevelopment of existing and heritage property over new construction. 5. Introverted mode�n develop�nent. This is development that has turned its back on the city and removed people from the street. Two "ideas" of City building are in evidence, the three large introverted mall blocks along King Street with an internalized pedestrian system above grade. The very extroverted buildings with street level pedestrian movements in the precincts surrounding the three mall blocks are poorly inter-connected as the Pedway creates a barrier across the north-south access routes of uptown. 6. Poor quality of st�eet and building design and way-finding. This creates many barriers to developing pedestrian activity and a customer base for shops and street level businesses. 74 10 There does not appear to be minimum design standards rigorously applied to new construction. 7. Weak netwo�ks and inadequate resources supporting the creative and cultural sector. These resources play major roles in expanding the creative economy and enriching quality of place. Significant strategies to build the capacity of this sector by providing hubs and creative spaces where cultural industries can innovate and flourish are absent B. EXISTING PLANS AND STRATEGIES Existing plans and strategies in Saint John were examined for two reasons. First, to ensure DWCS is informed by and supports these key plans. Second, to identify potential gaps in this planning environment that might be addressed. Major reports included the following: i. Vision 2015 Sustainability Plan (and Corparate Plan) ii. Benefits Blueprint iii. Heritage DWCS and Action Program iv. Municipal Plan (relevant sections) v. Arts and Culture Policy vi. Harbour Land Use Plan/DWCS vii.Uptown Saint John Strategic Plan viii. Board of Trade—Priorities and Issues 2007/8 Two recent and significant initiatives relevant to the DWCS are Vision 2015 and Benefits Blueprint. i. Vision 2015 The consultants congratulate Saint John on this progressive long-term city vision and planning framework. Vision 2015 sets out a balanced agenda addressing multiple dimensions of city life. It reflects a `whole system' perspective recognizing interconnections among all city plans and decisions. Vision 2015 also places a strong emphasis on cross-sectoral partnerships and collaboration. These principles are consistent with the values and assumptions that underpin DWCS. Vision 2015 is articulated through ten sustainability principles. While all connect in some way to DWCS, the following are especially relevant. • Recognize and incorparate the valued and distinctive characteristics of Saint John - including its human, cultural, historical and natural attributes - in our vision and planning for a sustainable city. • Achieve long-term economic stability and social security in Saint John. • Engage the entire community of Saint John in the planning and implementation of sustainable solutions. • Foster communication among community groups and organizations to emphasize sustainability as a common shared goal. • Establish a systematic process of continual improvement,based on action planning, accountability, transparency and good governance. 75 11 One element of DWCS set out in more detail below is the proposal that the city expand its `three pillar' definition of sustainability (social, economic, environment) to include the `fourth pillar' of culture. The first step in Vision 2015 was articulation the overarching vision for the city's future. Next steps in this process are as follows: i. Integrated Community Sustainability Plan—the intent here is to consolidate a11 existing plans into a planning framework reflecting Vision 2015 as a comprehensive mapping of plans and policies in Saint John; ii. Council priority-setting—Council defines its priorities based on the statement of vision and goals. These priorities set the con�ext for two parallel implementation streams: iii. Strategic Policy Plans—new Standing Policy Committees are being established to guide implementation of the Vision; iv. Corporate Plan—will be developed by senior management to guide implementation strategies and priorities far administration. The Corporate Plan will in turn set the conteXt for a Service Plan. Given the timing of this roll-out of Vision 2015, there is a powerful opportunity to integrate DWCS conclusions. This serves the added value of moving ahead with the larger city agenda in ways that demonstrate the values and approaches of the larger Vision 2015 agenda. ii. Benefits Blueprint Benefits Blueprint is a major year-long study aimed at ensure long-term benefit for the community from the upcoming investment related to the new refinery and expansion of the energy hub. One of the seven areas of focus is the Arts and Culture. AuthentiCity has worked closely with consultants Hardy Stevenson and Associates on building connections between the two initiatives. Two elements of DWCS were identified as highly consistent with and complementary to the broader vision and development models set out in Benefits Blueprint. This was the Creative Convergence Centre and the overall Governance system described later in this report. Talcen together Vision 2015 there is a remarkable opportunity to integrate and implement plans Two other important plans connect directly to DWCS: Heritage Strategy and Action Plan; Saint John Arts and Culture Policy. iii. Heritage Strategy and Action Plan An update of an earlier 1994 plan, the goal of the Strategy is: to preserve, improve and utilize heritage sites, structures, buildings, areas and environments for the benefit of the community and posterity, in coordination with the comprehensive planning needs and�equirements of the City Eleven strategies have been identified, each with corresponding initiatives. • Preserve heritage • Enhance environment • Financial assistance • Heritage advice 76 12 • Research • Designations • Recognize contributions • Senior governments • Promotion • Citizen involvement • Maintenance standards One important recommendation directly related to the objectives of DWCS is the designation of a portion of the Uptown as a National Historic District. More broadly, recommendations related to strengthening the city's policy and planning capacity in heritage and culture, combined with strengthened business and community partnership, will contribute to the implementation of these important actions. iv. Arts and Culture Policy The Saint John Arts and Culture Policy was adopted by Council in 2005 after extensive community consultation, including an Arts and Culture Summit. The Policy: describes the critical role played by culture in Saint John across all areas of community life; establishes core definitions to guide collaborative action; sets out Goals and Objectives; defines Actions to support these Goals; proposes specific strategic roles for the municipality in support of the arts and culture. The last is a key dimension of DWCS. Finally, the Arts and Culture Policy emphasizes the need to integrate the arts and culture with other government, community and business activity—a strong theme in DWCS. Council's first two commitments under the Policy were first, a commitment of$50,000 to the Saint John Community Arts Board to establish a community grants program. Council also adopted a 1°/o for art policy related to new capital facilities and committed funds for projects including the new Policy Station and connected Parking facility, Saint John Energy (done), the Cruise Terminal and the new Transit building. These actions indicate Council's recognition and support for creativity and culture in Saint John, and of the need for strategic investments to realize this future. C. COMMUNITY CONSULTATION Community Consultation toolc three forms: i. Project Steering Group ii. Community Survey iii. Interviews 77 13 i. Project Steering Group The Steering Group provided invaluable strategic advice and guidance throughout the project. A major theme was to clearly set out the concrete economic returns on investment through intelligent investments in the Uptown by the city working in partnership with its business and community partners. These investments will: enhance civic pride; attract more people—residents and visitors—to the area to live, work and play; be a major economic driver for the city and the larger region; and grow the tax base through uplift in property values. ii. Community Survey The survey served two purposes. The first was to engage citizens in reflecting on some of the defining characteristics of the Uptown area and the city as a whole. The survey was widely distributed in the community through the distribution networks of many of the organizations represented on the Steering Group. It posed eight questions. 1. Successful districts have a clear identity. What is the first image that comes to mind when you think of the Uptown district? 2. What three places come first to mind? 3. How would you describe what is unique about the Uptown? Is there a single feature or characteristic that stands out above all others? 4. When you are hosting a visitor who has never been to Saint John, what attraction(s) do you most want them to see? They need not all be in the Uptown. 5. Every city has stories—about people,places, activities, achievements—that express something important about its identity. Describe one or two stories connected to the uptown that tell us something significant about Saint John? 6. Look ahead and imagine the uptown as a vibrant successful cultural district in 20 years. What would it look like? Name one or two changes that would represent success? 7. What one action today would move us toward that vision? 8. Are there any other comments or suggestions you would like to make? Respondents Profile In order to understand more about the profile of respondents,people were also asked to complete a short profile identifying gender, age, approximate household income, approXimate total household income, and the number of years they had lived in Saint John. More than 300 responses to the survey were received—a very strong response rate. The results of the respondent profile were as follows. Twice as many women responded as men. In terms of age profile, 44 % of respondents were between the ages 25 to 44—a very strong percentage. For income: 72 % of respondents earned more than $50,000 per year with 19 % earning over $100,000. Almost 10% of respondents earned less than $35,000 with 3 % earning less than $20,000. Almost 70% of respondents had lived in Saint John for more than 15 years; 14 % of respondents had lived in Saint John less than 5 years. Clearly survey results do not represent a cross-section of Saint John residents. However, the profile is very similar to other cities in which AuthentiCity has worked. The relatively strong 78 14 response rate from people under 44 is a positive sign in terms of support and engagement for future cultural development initiatives. More broadly, it reflects well on the goal of attracting and retaining a well educated creative work force. Responses yielded a rich and diverse range of ideas that serve as a powerful resource to inform future strategies and actions related to creativity and culture in Saint John. All responses can be accessed via Uptown Saint John's website. Overall, there was strong consensus on many of the defining characteristics of Saint John. This is positive in terms of a coherent identity and brand for the city. Consensus also means less diversity in ideas and perspectives that can be the soil for creativity and innovation. L Images, Places, Attractions Heritage. Full stop. By far the most frequently noted characteristic of the Uptown was its historic character, the extraordinary assembly of heritage buildings,beautiful and authentic streetscapes, among other themes. Next in frequency was City Market and Market Square, Kings Square, the Imperial Theatre. The Harbour passage and the waterfront were identified less frequently which was no doubt influenced by the focus of the survey and the project on the Uptown. While not as frequent as the above, key cultural organizations such as the Imperial Theatre (most often), the New Brunswick Museum, and the Saint John Arts Centre were recurring images,places and attractions noted. Relatively few responses addressed contemporary Saint John. When these were noted they included general images of streets full of people and more specific attractions such as Sebastian's, Opera Bistro and Peter Buckland Gallery. Not all images were positive. `Crushing poverty in the south end', empty streets and vacant stores, drunks and addicts were noted by several respondents. 2. Unique Character and Quality of Life Asked about the unique character of the Uptown evoked many similar responses. However, this question did elicit more contemporary references and more attention to people and communities than the physical features or attractions. Many spoke of friendly people, a strong sense of belonging, and the authentic feel of the area. The compact size and walk- ability of the Uptown as noted often as was affordability relative to other urban centres. There were several mentions of the appeal of strong heritage juxtaposed with modern features and amenities. 3. Stories Stories can be described clustered in three categories. Historical The Great fire (by far most often) and the Loyalists story were the most frequent. In relatively equal numbers were Marco Polo, Benedict Arnold, Lady LaTour(perfect subject for an opera!), shipbuilding, Partridge Island, Irish settlement, and the `firsts' in Canada' — the New Brunswick Museum, the Police Force, etc. 79 15 Current The story of community efforts and working together was noted by many with examples including the Imperial Theatre (most often), rebuilding of City Centre, CentreBeam, pioneering Co-op housing, and the contributions of the Irvings. Other stories included: the evolution of the economy - from shipbuilding to energy hub; the story of key cultural organizations (Imperial Theatre, New Brunswick Museum and SJAC; contemporary galleries, restaurants, specialized stores. 4. Attractions While many attractions repeated things noted under the other categories, significant numbers also noted Irving Nature Park, Loyalist graveyard and Reversing Falls (about equally), Cherry Brook Zoo, Martello Tower, Partridge Island, churches—Trinity, Stone Church. 5. Symbols of Future Success Many people said in one way or another `similar to today but more.' Two mentioned more than others included a University presence in the Uptown and streets alive at night— musicians, galleries, outdoor patios. Others, with equal frequency: • Old and new - heritage combined with (good) new architecture • Pedestrian friendly • Waterfront developed(both sides) • Inclusion/mixed housing/reduced poverty • Beautiful public space and public art • People living and working— `bustling with people, more children • A sustainable `green' city with smart transportation options • Thriving and respected/understood creative industries • Unique shops and restaurants • A new `wow' feature such as a new iconic/signature building • No casino A significant number pointed to the need for atti�udinal changes: people able to accept change, a Council that leads with vision, an engaged community 6. One Step Toward that Future Not surprisingly many steps paralleled symbols of success. Political leadership was frequently mentioned. Others: • Celebrate our success and build momentum for change • Waterfront development— `in any form' • Dedicated budget for Uptown development gp 16 • Enforce design guidelines • Strong public art program • Major bi-lingual festival iii. Interviews Interviews were completed with a number of individuals representing key agencies or agendas relevant to the DWCS. Major themes are summarized here. More detailed interview notes appear in Appendix B. People Strategies • There are major human resource challenges facing the ICT sector in Saint John and a shortage of skilled employees to meet industry growth needs. • The current focus of training on the energy sector, traditional industry and healthcare leaves little time or resources for ICT and the broader creative industries. The latter have both growth potential and the ability to contribute to a more diversified economy. • Opportunities to connect training and education in ICT and other creative industries should be explored. • Training and education needs can connect to the University of New Brunswick at Saint John's (LTNBS� interest in establishing a presence in the Uptown area and finding programs that respond directly to community needs. This will bring more people into the area to live and work. • The ICT sector and the creative industries more broadly need more visibility in the Uptown. Characteristics of the sector including many small businesses and enterprises and non-traditional workplaces work against residents seeing these sectars as potential careers. Place Strategies • Making better use of upper floors in heritage buildings is an important goal but is very expensive given upgrading requirements. Incentives such as property tax deferrals would help a great deal. • There is a strong link between a vibrant and authentic Uptown with many cultural and entertainment offerings and the ability of the city to attract and retain the more educated workforce needed. • The city must leverage major investments in new facilities such as the Police Station to larger strategies related to Uptown regeneration and growth. Location and the form of buildings are major factors. Economic Strategies • Creativity, innovation and new forms of leadership are central to business development 81 17 • The need for creativity and continuous innovation is not restricted to business. There is a need to `incubate social enterprises' and help launch important new social programs by creating environments and contexts in which they can develop. • Many small enterprises could use a shared administrative facility on an as-needed basis (for boardrooms, meeting spaces, answering service, multi-media rooms, videoconferencing facilities, etc.) • Start up funding for small enterprises remains an important need. Cultural Strategies • The Arts and Culture Policy is a strong policy but the city lacks the capacity to fully implement it. Different administrative arrangements at the city could help; a second dedicated staff person is needed. • Partnerships and resource sharing are critical in the cultural sector/community. Progress has been made in recent years but more can be done. Strengthening networks across all aspects of cultural activity is a key strategy. Shared administrative facilities and services can help • The city has remarkable strengths in the visual arts—both in commercial galleries and in strong programming at anchor institutions such as the Saint John Arts Centre. These are strengths to build on. The Arts Centre's existing facility cannot meet current or future needs. • Saint John's application to be designated a Cultural Capital in 2010 could bring significant Federal funding and present important opportunities to build capacity in the arts and culture. • Saint John must find creative ways to address infrastructure needs through shared/multi- purpose facilities. Success Strategies • Stronger networks and more proactive engagement strategies are a key capacity building tool in creativity and culture but may be strengthened through alliances with related sectors such as the environment. • The Arts, Culture, Heritage, Environment (ARCHE) is one vehicle but needs more support. ARCHE is connected to the local Sustainability Network that is in turn connected to a Maritime Sustainability Network. • Stronger networks are tools for influencing policy at the city. • The city needs to `change its story.' It must celebrate and promote its successes. A focus on creativity is part of this. • The key to success in implementing DWCS will be that someone steps up to play a strong leadership role; someone must own the strategy. Uptown Saint John has a major role to play here. 82 18 • (Notwithstanding this leadership), cross-sectoral partnerships are critical to success. A Creative City Roundtable such as the one proposed will support this. This Roundtable should be linked directly to the new policy committee addressing creativity and culture. • There is a huge opportunity for investment in creativity and cul�ure by firms in the energy sector. Companies such as Repsol have strong track records of similar investments in other cities. Companies understand that investments in culture affect their ability to attract and retain talent. • Leadership from the municipality is essential. D CREATIVE ECONOMY ANALYSIS i. Business Listing The next step in the research and analysis for the DWCS was to examine the structure of the Saint John economy, and in particular the strength of the six clusters identified earlier in this report, a detailed examination was made using a comprehensive listing of businesses located within the Saint John Census metropolitan Area (CMA). The business listing provided the name and location of"business entities" within the Saint John CMA, including both private businesses and most associations and non profit organizations. In total, the list included nearly 4,000 records. Each business record also included the North American standard industrial classification (NAICS) and a business size indicator(based on number of employees and business volume). The NAICS coding was used to identify businesses and organizations contributing to each of the six identified clusters. The six clusters accounted far 1,145 business entities in the Saint John Census Metropolitan Area, representing approximately 30% of the total. Business Composition Saint John: Business Com osition Saint John CMA Six Clusters b Size Cate o Culture 183 1-4 Employees 66s Technology and Professional 64 5-9 Employees � 259 Law/ Education 83 10-19 Employees �26 Finance 227 20-49 Employees �� 69 Hospitality 180 50-99 Employees � 13 Specialized Retail 408 100-249 Employees 8 All Other 2793 250-500 Employees 2 Total 3938 Total 1145 As is generally the case, the business pro�le is dominated with small firms. Nearly 60% of the 1,145 business entities in the six clusters have four or fewer employees and 80%have less than ten employees. It is well accepted that most growth in regional economies comes from"within". Many of these small firms represent a"seed" that has potential to grow. The next step in the analysis was to lower the microscope to focus on the Uptown. Of the approximately 4,000 business entities, approximately 15% (648 records) are concentrated in the Uptown. Of the six identified clusters, however, the concentration is significant with over 30% of the business entities contributing to the six creative clusters in the CMA located in the Uptown 83 19 (367 records). From this it can be concluded that Uptown Saint John has a good base to build a creative economy from. Business Composition Uptown Saint John Culture 54 Technology and Professional 31 Law/Education 51 Finance 75 Hospitality 58 Specialized Retail 98 All Other 281 Total 648 The third step in the analysis was to map the location of the business entities in Uptown Saint John to examine spatial concentration. Street address information from a data file supplied by the City of Saint John was combined with the business records, which were then classified by individual cluster and mapped. Presented in Appendix C are the six maps (one per cluster) indicating the ]ocation of each business entity mapped (the size of the dots corresponds with the number of business entities at each address). 84 20 WHERE DO WE WANT TO BE? In a creative city networks become richer creative production meets consumption, and the confluence of place, culture and commerce generates a distinct buzz that feeds a city's attractiveness, health, competitiveness and sustainability Tim Jones, 2005, Toronto Artscape AuthentiCity's core mandate was to identify priority projects to advance the development of the Uptown through creativity and culture. However, DWCS establishes a larger strategy to support the implementation of these projects and, more broadly, to build the capacity of Saint John to realize its potential as a creative city. The strategy is set out in four parts. • Vision and Principles (how do we imagine our future?) • Governance (how will we organize ourselves?) • Strategies and Actions (what will we do to get there?) • Implementation Tools and Evaluation (how do we get started and assess our progress?) A. VISION AND PRINCIPLES i. Vision We see an Uptown that: • Is understood and valued as the heart of our community - one of our most important assets in attracting and retaining families, workers and tourists. • Is essential to our city's commitment to sustainability and the significance of creativity to this future—culture as the essential fourth dimension of sustainability. • Is home to an expanding group of creative industries, reflecting a dynamic economy built on creativity, innovation and entrepreneurial spirit. • Respects and celebrates a cultural heritage that defines our identity and sense of place as a community. • Provides a rich and diverse range of recreational and entertainment options for residents and visitors. • Is a globally recognized cultural tourism destination built on strong cultural institutions and attractions and most of all on our unique history and identity. ii. Principles for Creative Place Making i. Value not cost Investments in public spaces and places all generate costs but if properly orchestrated, there can be great returns on these investments. This requires the proper organization of spaces for commercial and cultural activity, moving away from single purpose traffic centered streetscapes. The uplift property value and tax revenues should be recognized in the project budget. 85 21 ii. Streets as platforms for commerce and culture. Streets do more than move traffic they need to be developed as environments for commerce and culture. Rights of way should also be rights of play. Sidewalks should be designed for bicycles, interpretive exhibits and kiosks, music performances, kids' games, arty way-finding, gathering spots, patios, trees, flowers, sculptures and other forms of public art. iii. 24-houa communities and economies. Plan a street for twenty four hours of work and play and design to invite twenty four hours of activity and then program significant streets as you would a theatre. iv. Public works as public art. Everything built on the street and in the public realm can either be beautiful or blah. Street lamps to fire hydrants can be provocative and place making assets. v. Authenticity makes it rea� Every city and every community has a vocabulary to its architecture and a beat in its landscape and an aroma to its culinary traditions. Building unique places that capture or confront the aesthetic traditions of a place, interpret and reinterpret its food and art, contribute to its authenticity enhance its potential to be a destination for those who an authentic cultural, shopping or culinary experience. vi. Universal is in the design. Universal design principles should be applied to any new development to ensure space is not only accessible to people with limited mobility, vision, or hearing but that is also usable for people who do not speak the dominant local language. The principles of universal design are also concerned with beauty and create pleasing images and symbols that inform without the need for language and graded smooth surfaces and ramps allow mobility for all and directions that can be read with fingers, eyes or heard with your ears. The creative city removes the barriers that all kinds of human diversity and does not merely accommodate but celebrates it. vii.Extroverted buildings for an animated street. Buildings must be extroverted and connected to the street. Building doors and passageways should lead to and be open to the street. Long blank walls and parking lot fronting on streets should be discouraged and street]evel entranceways, transparent windows and activity areas should dominate building street frontages. viii. There is no way without way-finding. It is only there if you can find it. Way finding codes and maps that are designed with from an above the street perspective and signage that is oriented to which ever direction you looking at is critical component of a visitor friendly city. iX. There is almost no such thing as a shortage of parking. Parking lots are most often bad and curbside parking is always good and people should be shot for putting surface parking on corners. This is just one of the few universal truths of city building. Curb side parking acts as a barrier between busy traffic and a comfortable seat and a cappuccino. Parking lots when necessary should be invisible, off lanes not streets, well signed and accessible. X. Make it tough. Durability is important and essential to sustainability. A street light costs about 16 % of the amount it will cost to operate over time. Cost technology and street furniture on a full cost, ]ife cycle basis and not rely on the least expensive capital purchase price. Proper maintenance is key to preserving the quality of place. 86 22 xi. Better safe than sorry. If it isn't safe it will never be very creative. From bus shelters with two points of egress to clear sight lines and community based policing, the elements of defensible space are well understood but rarely practiced. B. LEADERSHIP AND SHARED GOVERNANCE Governance recommendations are set out in three categories. i. A stronge�municipal role in cultural development—ideas that can inform Corporate and Service Plans that emerge from Vision 2015. ii. A new policy committee—recommendations related to integrating creativity and culture in the city's new policy committee structure. iii. A partnership model—to support collaboration between the city and its business and community partners. i. Municipal Role Municipalities across Canada are rethinking what roles they play and how they organize themselves to support cultural development. Municipalities have always played strong roles in managing cultural facilities and delivering cultural programs and events (`rowing'). They are now called on to play a `steering' role to provide strategic leadership in integrating culture into planning and decision-making across departments and supporting external partnerships and capacity building. Lilce many Canadian municipalities the city's current administrative arrangements far culture are fragmented and inefficient. The current Culture Officer reports directly to the City Manager but with a loose affiliation with both Tourism and Parks and Recreation. There is a staff person in the Planning Department responsible for heritage preservation. There is also staff affiliated with the management of various community facilities with cultural activities or programs. The library system has little connectivity with cultural services. Some consolidation and rationalization of these staff resources should be examined in the context of the Corporate Review emerging from Vision 2015. The Arts and Cultural Policy adopted by the city in 2005 recommended the addition of one additional staff position for culture. Existing responsibilities of the Culture Office are focused (of necessity) on project- ariented and operational issues. This leaves no time far a strategic leadership role related to policy and planning. Cultural activity and policies and programs related to this activity have traditionally existed in many different parts of local government: • Heritage planners and planning issues addressed in Planning Department— Saint John currently has two heritage planners; • Program support for non-profit arts and heritage groups (usually through local grants programs) are either distributed by an Arts Office or assigned to an external agency (such as the Saint John Community Arts Board); • Program support for cultural businesses and tourism—addressed through economic development departments or agencies; • Libraries—in virtually all municipalities' public libraries are the most well established and professionally staffed local cultural institution. 87 23 The past decade in Canada has seen a move toward municipalities consolidating many of these areas of cultura] responsibility in integrated Culture Departments or units. The idea here is not that all responsibilities for culture be addressed by one department. Indeed integrating culture as a dimension of planning across all departments is central to the new vision of the municipal role. However, municipalities have found some benefit in consolidating some areas of cultural programs and services. There is no standard or accepted structure or administrative arrangement for culture in Canadian municipalities but includes: • Culture ]ocated in Community Services Departments; • Culture as stand-alone departments reporting to the City Manager or Chief Administrative Officer; • Connecting library and cultural services: • Culture as part of Parks and Recreation or Recreation and Leisure Services: • Culture in Economic Development departments or agencies. The consultants have insufficient information to make specific recommendations about possible new administrative arrangements. Several years ago the idea of the Culture Officer reporting directly to the City Manager was raised. At the time this was not felt to be the best arrangement. One interview suggested this could well be a strong option today. Based on good practice and experience in other Canadian municipalities, the following mandate and roles are offered to inform discussions about the city's approach to culture. Mandate To provide leadership and support in cultural development to build a sustainable and prosperous Saint John. Roles To fulfill this mandate the City could assume the following roles. i. Policy and Planning • Act as a resource to Council and the CAO • Develop corporate policies and plans in support of cultural development. ii. Investment and Resource Development • Work to increase investment in cultural development from all sources. iii. Communications and Capacity Building • Communicate and advocate the importance of culture to the city's economy and quality of life • Support effective partnerships with business and community partners • Support collaboration among cultural organizations. • Serve as an initial point of contact for inquiries related to culture in Saint John. gg 24 • Provide advice to individuals and organizations engaged in cultural development. iv. Facilities and Programs • Manage municipally owned or operated cultural facilities • Deliver quality programs and services through these facilities or agencies. ii. Policy Committee A new policy committee structure is part of the Vision 2015 process. Committees will be composed of council members. It will be the responsibility of each committee to broadly engage the community in advising on policy. Committees are being organized around three dimensions of sustainability: economic, environment, social/cultural. There is growing recognition of the need to not make culture an adjunct of social but to recognize it as a separate domain. The External Advisory Commission on Cities and Communities (Harcourt) Commission advocated a planning framewark for Canadian cities built on the four pillars or dimensions of economic prosperity, social equity, environmental sustainability and cultural vitality�GBi�. l ��r � " � � �� 1' e � � �� DWCS proposes that the city consider establishing a dedicated policy committee for creativity and culture. Other Canadian cities are moving in this direction. They could join with Saint John in forming a network and play a national leadership role in operationalizing four pillar sustainability in urban planning systems. iii. Partnership/Leadership System Saint John has a long record of achievement with cross-sectoral partnership models. In the field of creativity and culture, some Canada municipalities have established shared governance systems with the following elements: gg 25 • Creative City Roundtable—a strategic leadership group with members drawn from local government (elected officials and staf�, the business community (including tourism), post-secondary institutions, representatives of the creative and cultural sector, important community agencies such as United Ways and Community Foundations, etc. • Working Groups—struck to address specific priority actions and projects. Working Groups can include Roundtable members but draw on knowledge and expertise in the community. • Community Engagement—involving systematic approaches to mobilizing the community in support of creativity and culture. Some have instituted Creative City Summits that annually bring together the whole community to celebrate successes and identify strategic issues and priorities for the coming year. � Community Expertise % � � �Cultural Roundtable W��k�� Working Group Group — orking Grou� Working Gr�� One very strong idea emerging from consultations is to establish a Creative City Roundtable as the conduit for input to the policy committee responsible for culture. The Steering Group felt strongly that if a Roundtable mechanism is to be established the first goal should determining if an existing agency could either play this role or play a leadership role in supporting it. The most obvious choice to play a leadership role in governance is Uptown Saint John. C. STRATEGIES Three broad goals underpin the strategies that follow: 1. Enrichment of the creative economy through new business start-ups, business expansions and new synergies 2. Expansion of tourism within the Uptown 3. Expansion of the resident population in and adjacent to the uptown 90 26 The core objective of the study was to identify five "key projects" that Uptown Saint John and its partners could undertake to advance these goals. Arising from research and consultation a longer list of potential projects were identified from which the five priority projects could be selected. To provide a fi^amework within which to situate these projects, the uptown area was divided into precincts based on built form, current land use (vocation) and redevelopment potential. The map below illustrates these Precincts. The following chart summarizes both Precincts and Projects. Precincts Pro'ects Precinct 1 —Institutional i. Cultura] Mapping/ Cultural Portal Precinct 2—Live/Work Visual Arts and Design ii. New Festival/Festival Venue Precinct 3 - Live/Work Professional Services iii. Educational /Training—Creative Precinct 4 - Mall Industries School Precinct 5 - Kings Square Performing Arts iv. Educational /Training—Urban Institute Precinct 6—The Waterfront v. Reception and Interpretive Centre— Waterfront Precinct 7 - Historic Business Precinct vi. Performing Arts Venue vii. Cinema Renewal iii. Upper Floor Live /Worlc Strategy ix. Restaurant Row x. Commercial Street Improvement Plan xi. Atelier Complex ii. Creative Convergence Centre 91 2� „, , . < _.. . , ., �, ,A-.. � . , �� SAINT]OMN CREATIVE DISTRICT �� j�� r� ��,p.� �A' �, � . % ✓P1 � ` .!�„ . �I�.d„� j.'I.I:�r�� 'Y' !.� t� i:•i' , r . ' . d'� G � .I�` �' =• �(y[!''Y.r��~' /�-t�� • �� ,�� ........ ��i�Fyr�Fq�_�'Y J i'i�'s�,1.� ,r\�I,�'`j• . � ` � . � �Ih ,\�f _/ \��•� � �, � � f � H � � � `�, �t >,. °+ � _��' ;; 2 � ;u� f ��-- �r�.y� .��.�� -., , `a T� r �` :I� �'r�' �` i��,.�(1 �' (y�°�'�(t^'�• � '� - � --r^�_�.-.i�� - - _(,` �{ . . .- �r l � f '�� J � F' ��'� �"� ' ��r.t�P`.�t'�r� �� T�; �..r � , r-� �� - — � ;�, . �< . . '`'"�1["r �, LEG[ND . Y . � �ra- �� ._ �� -��• t-�3��.�u�- �`�r P.�n�n, \\\\\�\�\\:°\ \ \\ ---- - . p.�.�y.r a\ � ��1� �� ' *�'�,.�.�. ��M�,��b�a� T , ! ',� , � � SI� � °`� u+e i wo.k v�suai nns ana ws�an � i � ; , �`. B ��r- . a;�•-��r. �'�r�i' �ura/wo�k vrWesstonal Sences r.. � 1 � �� M.n �� , - :�`. \ �' _ �-� ��' '�,,? �'�`y,�'�:�;' .'•� �s Ki�o•eawn cwnorm�ro nnsl u M�� , .� 1/t'1 �. 'f'lF hi I�t� +�-:17��f'%�'l�"F�WP'�•-a /'�As� p w.un.o�x , G a' ' s �'�.- � t+.ti`�.�' ��K�o.K�,��:a«�� I� � 1�� ' � � � ; �'f y� � - - - �F;:\�4i r� ��1�'�d'�T� .r�J S�' .- ._ • Ea�,�.��,�,..��-�K,�„�i��,��.,::; '� r— �,` ''` � F�T� . 1''►�rr*•—�.r+� e trcawe„ue i tonw e«e cenc.e ��., f,� ”' �`{,.,'� ' • '� r < <��,�.aPon.� ° .... .,�tT r-�_ -;� ,^t'' F�f .'f '� �� I��r',� �`��fr rrl'~1� D New festwal/Fest�vsl Vm�e ��www��... ��r e venam�nonnsCentn ^ � �� 1' �y. ��l�y .��'f�� m� • a�.m,a.�.w,� I?� r � _\• �� r� �rr.r�`'�t� i 1 --�� rf'� ' .r` nr•. G aesuwanf aow r � �� a � �.��.�«��. • :F � � t � e�-?�r ¢�*,.r,r�r�m f r� �i� � . �. f � nac.ouo�.�.o miamn�•a��n ��ir '�.�,�i � � . '�f P � T 1'�Yr �+r:1 i!!!�f � ea,.ceiwn�Tnin.w-u.ean ms�n�rte ( . ��,�fIr f�Y�M� � k �nce.rbor uw i wut SvaaYV ��•••�•��y�� l ` ' �:.••tlrw ��yyy•�� J�1 r�� 5.'.r.,lL i �. .<.rwor u.�e i wak sva«or } '� ! 'r`— ; � �'ti • '1 :� . �� C� 1'1�T�i('"' .,f rfi � ! .. .i ,. �� Two macro considerations were central to defining the Precincts. First, is the importance of the pedestrian axis formed by King Street and Germain/Wellington Street and the key corner where they intersect. This intersection is the "100% corner" for the uptown. Typically, a"100% corner" in a city will enjoy the highest pedestrian traffic and is a key location and reference point far visitors in navigating their visit. From this corner in Saint John, there are wonderful view down to the water's edge and up towards Kings Square. And from this corner a pedestrian can access the mall, City Market and the traditional business core centered on Germain Street. All of these features were among the top images and places identified in the survey as defining Saint John. Second, is the juxtaposition of the two distinet approaches to built form; the internal mall (Precinct 4) and traditional building fabric. Precinct 4 is fully occupied by large format, introverted mall buildings providing rather bleak(if not hostile) edges. Pedestrian traffic is focused along an internal spine (Pedway). The remaining precincts feature smaller grained development and street oriented pedestrian movement. These two formats meld in Precinct 7 where the mall pedestrian system is extended (in a kinder, gentler form) into the City Market. A description of each precinct and possible future development options and orientation follows. i. Precincts Precinct 1 -Institutional Cut off by parking structure and walled off buy external dead zones and blank walls of the internally connected Mall development, this area became disconnected from the King Street spine and lost the value and advantage of its centrality and spectacular high point view of the valley and the city. 92 28 The freeway style entrance roads off the highway divided North of Union precinct from the waterfront, hotel, museum, convention facilities. These lands could be some of the most valuable for mixed use, commercial, cultural and residential developments given their location and vantage point. However the area is slated for institutional uses that could be either a blessing or a curse depending on how they are developed and managed. The southern portion of this precinct is the site of the new Provincial Courthouse complex. It may be possible to extend the "institutional" vocation of the precinct on the lands to the north along Carleton Street to integrate the courthouse with a new municipal comp]eX including, perhaps, an alternate location for the proposed police complex - assuming an appropriate development site can be created. This would remove the necessity of introducing large format buildings and parking structures that would overwhelm the finer grained texture of Precinct 2. . On one hand, institutional uses can be the highest risk projects because they can create several problems for an area. • They are often introverted single purpose buildings that for security reasons are turned away from the street creating low activity areas and dead zones,blank walls. • They generate little people activity as they tend to operate for single purpose visits and do little to generate street traffic save when employees arrive and depart during rush hours looking for the most efficient route to their car. • They tend to be 8-hour work places and do little to contribute to the safety, livability and higher land value that result from a twenty four hour street or building cluster. • They tend to demand a lot of short term peak period infrastructure such as a parking and road access that remains vacant and underutilized space fro most of a 24-hour period. On the other hand, institutional developments could bring new opportunities to the area. • They can build infrastructure, transit stations and hubs, parking structures, street level retail that can be shared with coordinated adjacent or"on top"residential or commercial developments to leverage and reduce the costs of intensification and diversification of the area. • Institutions can be sandwiched beside and overtop of exciting retail, commercial and cultural amenities and businesses at street level and leverage residential, commercial or mixed use spaces over top. • They can collocate with learning institutions and create hubs. As the Provincial Courts and Police Station could be partners with a police academy or law school to provide synergies and advantages to both institutions. • The needs of the institution workforce can create the client base for neighbourhood services that would not otherwise be sustainable. Police stations often have work out facilities given the fitness requirements of employment and redevelopment of the YMCA as apart of the Police Station project could allow for not just better fitness facilities for the neighbourhood and police officers but new opportunities for collaboration in improving public safety. 93 29 • Public institutions (like libraries, liquor stores, museums) can create customer bases and street level pedestrian activity. As monopolies they can afford to be the "first in" and build street level activity and"customers"that the later collocation and reintroduction of businesses can build a business from. The success of failure of this precinct likely rests around choice and locations of various uses and design. The ability to leverage public investrnents to leverage private investments and a 24-hour clock of activities will be critical. Precinct 2 - Live/Work Visual Arts and Design This precinct is centered on the Saint John Arts Centre (SJAC). Once a Carnegie Library, this exceptional building is immediately surrounded by parking lots. However, street frontages to the east and south of the SJAC are filled with "pre-fire" structures filled with art shops and character retail, a loyalist museum, a Jewish museum, a tiny church and many distinctive residences. This precinct is currently the selected location for the Police complex, a large parking garage and one or more large, largely introverted office buildings - in effect, an expansion of the mall format that predominates south of Union Street. This could undermine the unique advantages and value proposition offered by these special and historic places. This precinct shares the city's "high ground" of great location, views and convenience. It also has an authentic and unique built environment with lots of opportunities for the small scale incremental development that is essential to the long term realization of a cultural district. The SJAC provides a strong community facility and brand on which to build in related visual arts, graphic design, marketing and media enterprises and artists. The consultant's vision is for a different development orientation, including some of: • Build around the SJAC • Small scale to mid-rise residential commercial and mixed-use infill development of the surrounding parking lots and vacant lots. • Live and work studio space for: o Visual artists (paint, sculpture, glass, ceramics) o Designers, (graphic design, illustration, web and electronic imagery, and multimedia) o Publishing (electronic publishing, writers and poets) o Multimedia and ICT businesses and private or public sector related education and research facilities. • Development of a museum cluster (Arts centre, Jewish and Loyalist museums) • Creation of viewable ceramic, glass, wood and metal artists' street level studios and shops. • Possible inclusion of a visual arts and design school or program. 94 30 The opportunity from this extraordinary grouping of assets is the restoration of a complex urban village. The continued presence of unique small shops and professional offices that have survived under adverse conditions speaks to the potential of this area. Precinct 3 - Live/Work Professional Services This precinct is currently being examined by the city as a potential location for the development of one or more large, ]argely introverted office buildings - in effect, an expansion of the mall format that predominates south of Union Street. The large groupings of service sector professionals in finance, law and communications in the area provide a good base for a live work development. The consultant's vision is for a different development orientation, including some of the following. • Develop a mid- to high-density building that is residential and commercial with workspaces for home and small businesses. • Design flexible and scalable work—live spaces for start-up firms. • Focus attention on Law, Financial and Professional Services industries but with the potential for shared platforms for collaboration and innovation with creative cultural industries. • Co-locate educational facilities and programs relating to the legal, financial service profession cluster. • The restoration of low to mid density residential and shops on the surrounding streets would bring this urban village a block from the central business district back to life. It would also preserve the streets and authenticity of the neighbourhood. The streets are lined with beautiful and historic houses punctured by parking or vacant lots. The location is central, the public services are already there and most infrastructures exist and are in reasonable state of repair. • The locations of this live-work district and village are at the apex of the highest hill in the centre of Saint John offering priceless vies of the city, the bay and the surrounding landscape. Precinct 4 - Mall This Precinct is characterized by an internal pedestrian corridor known as the Pedway which runs through its centre. It widens and narrows as it passes through several buildings connecting large enclosed malls at either end. On the west end near the waterfront is the Market Square mall adjacent to the Hilton Hotel and at the eastern end of the Pedway is the Brunswick Square Shopping Centre mall adjacent to the Delta Hotel. This style of downtown renewal projects was common in older Canadian cities in the 1970s and 1980s but met with rather spotty results. Many malls that ran parallel to the main street of the downtown had a negative impact on the viability of businesses located outside the mall and on the commercial and pedestrian life of the adjacent main street. Downtown malls were introduced in large cities like Winnipeg, and Hamilton, mid sized cities like Sudbury and Thunder Bay and even small cities such as Chatham tried to compete with suburban or regional malls by remaking their downtown into a variation of 95 31 a suburban malL Few had sustained success and most efforts eventually lead to significant eXpenditures in very challenging programs to restare the authentic and unique central business districts and repopulate their main streets with businesses. Those projects that survived transformed the downtown into an 8-hour downtown and moved retails down-market to concentration fast food courts and a few dollar and discount stores. Connected to these malls were large parlcing facilities which allowed for both convenient parking and an easy access and exit from the building. The proximity of the parking facilities to streets that act as on and off ramps to the adjacent freeway promotes singular visits to the malls and the internalized pedestrian systems discourage visits to locations outside of the enclosed Pedway system. The contained destinations of Market Square and New Brunswick Shopping Centre are styled for quick in and out visits to the Uptown. The design of this area should be re- thought and further expansion only undertaken once a redesign of the building and connections act to eliminate barriers econamic renewal in the Uptown. The Market Square mall is light on commercial tenants and heavily weighted with cultural and public facility tenants. There are three major tenants that play a significant role in development of a creative economy and the tourism market in Saint John. • The New Brunswick Museum • The Main Branch of the Public Library • The Saint John Trade and Convention Centre The exceptional row of heritage properties facing south contrasts with the siding covered northern face of the building and its disconnection from the Uptown outside the Pedway. The challenge is the dominance of public sector tenants and the small proportion of cominercial tenants. As many of these public facilities were relocated from the urban fabric and historic core of the city many of the normal public and cultural facilities that would typically underpin the revival or the retention of critical street level and unique retail are absent from the city's historic business district. Very little leverage (commercial spin-off development) was obtained from these public investments. The Market Square mall was also recently considering a bid for a provincial casino. The further concentration of public sector activities and tenants would undermine the potential for developing other cultural and tourism clusters and strengths in the Uptown. In a sense all the eggs are in one basket leveraging a very modest level of private sector tenancies. Market Square current concentration of public facilities will limit options to leverage the development of cultural and tourism clusters in the Uptown. It would be wise to develop a transitional strategy to slowly leverage and develop other commercial and residential developments and tenancies in and around Marlcet Square to replace some of the cultural facilities. This could liberate some of the major cultural and public facilities to be located and returned to the historic business centre of Uptown where they will support regeneration of the historic built environment. It would also improve the leverage of private investments of the remaining cultural assets in the mall. The Market Square mall should be able to use any one of the existing major public facilities to develop unique commercial and residential opportunities tied to collocation with a museum, library or convention centre focus. 96 32 The cluster of buildings immediately east of Market Square on the Pedway is also largely dependent on public sector facilities and tenancies. These buildings are home to two public sector facilities: • The City Hall • The Canada Aquatic Centre These are two very introverted buildings that at street level compose a strong barrier and the west facing side of this built cluster is essentially the blank wall that greets you when you enter the city. While a hive of activity inside, from the outside this building has the appeal and liveliness of a hermetically sealed box. You cannot see the swimmers or the vitality of the athletic activity of the aquatic centre. The City Hall is literally aloof and above the limited life of the surrounding streets. A new home for the now closed YMCA and an integration of these buildings into the beautiful streets of the adjacent precincts is possible due to the small size of the Uptown which makes possible the redesign and reconnecting of people-generating centres of activity. The Brunswick Shopping Centre exists as a predominantly commercial venue and redefining its orientation and relationship with King Street and the surrounding area could make it into a significant catalyst in the renewal of the surrounding commercial streets. Defining and designing cultural and commercial pathways and way-finding systems and externalizing the building and programming activities on King Street could lead to a significant revival in the commercial and cultural life of the street. The continued development of Uptown with the current style of internally connected buildings centered around on the Pedway and dependent on cultural and public facilities undermines the development of vibrant streets of culture and commerce in Saint John. Any expansion of this style would undermine any of the projects contained in this report. Precinct 5 - Kings Square Performing Arts The central concept is to create an indoor-outdoor multifaceted performing arts district by connecting programming, buildings and facilities, squares and streets that build on the success of the Imperial Theatre and the potential for the transformation of historic properties into performance houses. The principal cultural assets of the Square are: • The Band Stand • The Square's green space • The Imperial Theatre • The Cinema Building • The Courthouse with its large hall and adjacent vacant lot. • The City Market The Performance Arts district would centre on the adaptive reuse of two buildings the Courthouse on Sydney Street and the vacant cinema on the north side of Kings Square, 97 33 and enhanced programming for the two existing venues - the bandstand and the Imperial Theatre. Cultural events would animate the buildings, squares and public spaces generating increased visits to the district and a stronger customer base for precinct restaurants and retail. The district would offer a range of performing arts and related activities and events that could include: • Theatrical productions and musicals • Jazz and folk music events • Art house cinema • Contemporary dance and ba]]et • Classical and chamber archestral music • Stand up comedy and performance art • Community events and celebrations. • Electronic and multimedia productions • Choral music • Levees, award ceremonies and official receptions • Poetry and literary readings • Historic reenactments and tours • Television and movie and sound production A cluster of venues wou]d also provide facilities for festivals and seasonal events that would help generate additional visits and revenue. The park and Band Stand provide an outdoor venue and the capacity to mix indoor and outdoor events. Precinct 6—The Waterfront In November 2003, the Land Use Plan and Implementation Strategy for the Saint John Inner Harbour was released, a project of the Saint John Waterfront Partnership, the Saint John Development Corparation and the City of Saint John. This study by Urban Strategies Inc. presented a full range of project options along the Inner Harbour, including development of the cruise ship terminal at Pugsley Wharf. The consultants' vision for the Waterfront Precinct includes a development orientation that capitalizes on a "hinge" project connecting the cruise ship terminal to the Uptown. The hinge project is a "Launch Centre" providing a range of hospitality and historic interpretive components. An Interpretive Centre would introduce cruise passengers to the city and to the maritime history and skills of the people of Saint John. It would also provide an introduction to the adjacent historic business district that would induce people to visit. The Launch Centre could incorporate a business development office and tourism showcase based on the understanding that every visitor to the city is a potential investor, return visitor or future resident. The Interpretive Centre is described in more detail later in this report. gg 34 Precinct 7 - Historic Business Precinct The histaric business precinct was rebuilt after the great fire of 1877. The brick and stone fabric required for buildings after the fire radiates a sense of place and is populated with a diverse range of shops and retailers that bring vitality and excitement to the street. Competition amongst wealthy merchants in the in the aftermath of the fire created some the most opulent homes and businesses in the country. The precinct is the commercial core of the 20-block Trinity Royal heritage preservation area of over 800 turn-of-the-century uptown buildings. Plans are to expand the historic district across the entire Uptown and South End. The extraordinary wealth of built heritage emerged from an era when the city was a major world seaport and trade centre, the fourth largest shipbuilding centre in the world and one of the most prosperous cities in North America. Challenged by vacant upper floors many of these buildings have high vacancy rates, which provide significant opportunities for intensification. This area with its Victorian buildings and steep streets is a jewel that few cities enjoy. Similarly, attention is needed at street level to fill in any vacancies and improve the consistency of quality of the street frontage and pedestrian environment. ii Projects The following projects were identified through the research and consultation and are closely integrated with the Precincts vision. Several comments are needed about the projects. First, time and resources did not allow a detailed operational assessment of the feasibility of individual projects. This is particularly relevant to several of the large capital projects. The evaluation process for determining priority projects (described below) assessed all projects against a set of assessment criterion but additional analysis will be needed for chosen projects. Second, there is some built in redundancy or overlap with projects given uncertainty about which mix of projects would be chosen. For example, several projects involved new performance venues not all of which would be necessary depending on the final mix of priorities. Cultural Mapping/Cultural Portal Cultural mapping is the systematic inventory of resources usually making use of Geographic Information Systems (GIS)platforms and tools. Uptown Saint John began a cultural mapping process for the district which was completed in 2006. The mapping and assessment of creative industries completed in this project expanded on this work. The first potential project relates to continuing this mapping work with the aim of establishing a cultural portal for Saint John. Cultural mapping is fundamental to creative and cultural industry development and serves a number of applications or purposes. • In planning and policy—a stronger base of information on culture informs evidence- based planning and decision-making by the Municipality and other community and business agencies; • In tourism marketing and promotion —information on cultural resources collected through mapping can be translated into searchable web-based maps to raise gg 35 awareness of culture for both residents and visitors. The stories identified through identity mapping can help create thematic routes and tourism itineraries to enrich the tourism experience; • In cultural programming—mapping can help enhance cultural programs delivered by cultural organizations, schools, and other community and business groups by building a web-accessible base of relevant information and resources—from print materials, to podcasts, to relevant weblinks, etc. There is growing support nationally for a new approach to local cultural development called municipal cultural planning. One defining characteristic is a broad definition of cultural resources, as illustrated below. It is this broad definition that is proposed for the cultural mapping/cultural portal project. nk,r�rai c�it��a Henfage Fac ilities 2J � /�►/ • � Non-Profit � � Cultural Organizafions � � Festivals cmd Cultural E vents B us ines s es There is a tremendous opportunity for Saint John to build a `cultural portal' that connects with the recently launched Life on Your Terms (LYT) community portal. LYT is an ambitious multi-year project serving the greater Saint John region. It establishes a sophisticated information infrastructure with which a cultural mapping system could connect. Preliminary consultations with staff at LYT indicate strong interest in exploring this strategic partnership. A cultural mapping system and portal would bring added value to the LYT project by extending information on creative and cultural resources. Conversely, LYT provides a cultural map/cultural portal with a powerful infrastructure that it need not duplicate. One strength of this project is that it could be implemented relatively quickly thereby offering a quick win to build momentum for implementing other DWCS recommendations and projects. New Festival/ Festival Venue Great cities have identities linked to festivals and performing arts. New Orleans and Chicago have Jazz, Winnipeg folk music, New York Broadway, and so on. 100 36 The city in January announced an increase in funding to the Saint John Community Arts Board from $70,000 to $100,000 as well as funding for unspecified festivals and public celebrations from $20,000 to $60,000. In announcing the funding the mayor called for ideas from the community for a new signature festival for the city. What is imagined is something on the scale of Festival by the Sea which ran successfully for many years bringing national profile (via a national broadcast) to Saint John. Strong festivals are rooted in traditions of the city or region. New Brunswick is especially well known for Celtic music and dance as an authentic and unique tradition of the region. A clear strength of Festival by the Sea was its connection with maritime history, one of the city's deepest cultured traditions. Beyond the establishment of a new signature festival, this DWCS project would work to extend existing festival offerings in Saint John by connecting with existing festival circuits. Types of festivals could include: • Fringe festival • Children's festival • Historic balls and heritage events • Folk festival • Jazz festival • Dance festival • Food and wine festivals • Light and fire works The Fringe Festivals in Canada, for example, are sequenced to enable different cities and regions to offer festival schedules. Saint John could capitalize on its strategic location and the fact that few other cities have the facilities to serve a significant regional population in New Brunswick or Maine. These festivals would complement and support the new signature Festival being proposed for the City. Along with the consideration of new festivals come considerations of festival venues. There are two significant opportunities located at opposite ends of the King Street axis. The first is Kings Square, focused on the Band Stand and the area around it. The Imperial Theatre and the cinema building located on the edges of the square would provide complementary indoor venues. The second is Market Square plaza on the waterfront which also provides the potential for outdoor and indoor festival events (in the event of inclement weather). Educational/Training - Creative Industries School For many years there has been discussion about establishing a School of Fine Arts, potentially in an Uptown location. One of the possibilities raised during consultations is the expansion of this idea to establish a Creative Industries School. This idea has several merits: • It addresses the need for formal post-secondary programs and/or learning offerings and opportunities as a lynchpin in any Uptown DWCS. 101 3� • It signals recognition of expansion of digital media and forms of artistic expression built on new technologies at rates faster than `traditional' arts practice. • There is potential cross-over to training and education needs in Saint John's expanding ICT community. Potential partners in such an initiative include the University, Community College and organizations such as the Saint John Arts Centre. A possible next step could be to conduct a study of curricula for similar schools in Canada and internationally. Educational/ Training - Urban and Community Development Institute A second educational/training focused project identified in consultations is an Urban and Community Development Institute focused on integrated planning and community development models and practices built on concepts such as sustainability. Such an institute would build on the successful The Industrial City in Ti^ansition: A Cultural and Environmental Inventory of Greater Saint John a Community University Research Alliance (CURA)project funded by the Social Sciences and Humanities Research Council (SSHRC). This major initiative was led by the University of New Brunswick at Saint John and the New Brunswick Museum, together with other important community and business partners. The Institute will be supported by the growing interest at SSHRC in investing in research with strong public policy and/or community problem-solving applications and in projects that foster shared knowledge building]inking researchers, policy makers and front-line managers or practitioners. This triangulation of research practices is referred to by SSHRC as `knowledge mobilization.' The vision for the Institute is in synch with these directions and could potentially attract significant research funding. The vision is far an interdisciplinary program (not located or affiliated with any one department of faculty) drawing on expertise from across the university. The Institute would support teaching and research in the area, including the documentation of case studies and good practices drawn from international experience. The University has developed some initial ideas for the Institute, together with potential research topics. There has been preliminary discussion with the Advancement Office about possible sources of startup funding. Heritage Trades and Artisans Program - A related idea raised in consultations is a training program or facility focused on heritage trades and artisans. The program would be tied to Saint John's extraordinary heritage resources that would serve as the teaching laboratory. The program could be linked to and support important national initiatives such as the federal Historic Places Initiative. An initial curriculum has been developed and could be reviewed in terms of related or complementary programs in the country. Reception and Interpretive Centre—Waterfront The Waterfront Precinct included description of an Interpretive Centre as part of a larger Launch Centre. Saint John has an extraordinary story to tell the world connected to its maritime and shipbuilding history. Shipbuilding helped build Saint John and with the passage of wooden ships the assets and resources of the industry were adapted and re- purposed to new industrial applications and businesses that supported economic diversification and prosperity. This story carries forward to the current restructuring of 102 38 the economy and the potential of the creative industries as another source of renewal. The consistent theme is creativity and entrepreneurial capacity as a source of economic renewal. The essence of this story is currently well told in the industrial histary insta]]ation of the New Brunswick Museum located in the Mall. Relocation of this installation or creating a new interpretative exhibit/centre as one element of the Museum's redevelopment plans could support its development. We recognize that a facility and interpretive centre of this kind has been discussed in Saint John for some years in a number of potential sites. A major challenge has been addressing ongoing operating costs which would need to be assessed carefully before embarking on this project. The Interpretive Centre is linked to a proposal for a second level building connecting the waterfront to the Uptown. The consultant's vision is for a development orientation for the Launch Centre that capitalizes on this connection. Construction of a building bridging the cruise ship terminal and Prince William Street would move visitors into the heart of Restaurant Row (another project described below) and Uptown shops and services. The concept is to complement the customs and security facilities on the waterfront south of Water Street with a reception and interpretive centre on the second level of the terminal building. This second level would extend across Water Street where it would be at street level on Prince William due to higher elevation. The Prince William Street lots which are currently vacant would be the site of the Interpretive Centre telling Saint John's story to visitars. The flow from terminal to reception centre to interpretive centre would make up the elements of the Launch Centre that would take advantage of Saint John's natural elevations in creating extraordinary architecture and vistas for visitors. It would be a powerful tool for exciting people and inviting them into the historic centre of the city. Performing Arts Venue Consultations identified the need for a mid-sized performing arts venue smaller than the Imperial Theatre. This need has previously been identified by the New Brunswick Museum, the Saint John Arts Centre and the Library. Those three agencies should clearly be engaged in the identification of strategies and options for addressing this need. Such as venue could also form part of the Cinema Restoration project described below. The scope of the study did now allow AuthentiCity to conduct a detailed analysis of venue size and need which would need to be the focus of a feasibility study should this project be identified as one of the five priority initiatives. Cinema Renewal Lilce most cites in North America, Saint John has witnesses the disappearance of its theatres (approximately 60 have come and gone in Saint John). Building on the success of the Imperial Theatre, it may be possible to augment the performing arts milieu of Kings Square through a cinema renewal project. This would have the advantage of drawing people into the area supporting restaurant and retail opportunities. 103 39 There are currently two closed cinemas in Kings Square precinct. The first is the King Square Cinema(located at 95 Charlotte) that closed in 1996. The second is the Paramount Cinema located on Kings Square which was built in the late 1940's and at the time was considered a leading `high tech' cinema drawing customers from all over Atlantic Canada. This theatre underwent major renovations in the late 1970's where a once very large cinema was divided into two smaller ones. The larger of the two still has the largest seating capacity in Saint John. Success in realizing the cinema restoration is challenging and would need to be examined carefully. Some elements of a successful strategy could include the following. • Operate as a community-based agency run as a non-profit venture. • Establish a support base that includes businesses - especially restaurants and bars - that will benefit from the increased traffic. In Halifax the launch of the Paradise Theatre was supported by the local business community that contributed $1,000 each (the "Angles of Paradise"). • Find alternate /ancillary uses that exploit needs within the broader creative economy. For example, the Regent Cinema in Toronto serves by day as a post production facility. The owners of the Regent have recently purchased a second theatre (the Royal) that will use the same business model. • Provide flexible programming to respond to a range of needs for a screening facility (repertory, art and international film, independent films, film festival screening, etc.) • (Possibly) make use of digital projection; the cost of printing and distributing film erodes the thin margins of cinema operations. Upper Floor Live Work Strategy According to a recent of�ce market surveys the office space inventory in Saint John comprises approximately 2.1 million square feet of space located in 36 buildings—with just under 8% of the space being vacant at the time of survey. Most of the office inventory consists of purpose built office buildings constructed in the mid 1970s or later. However, the past five years has witnessed a number of renovations of older building stock. Examples of the renovation of turn of the century buildings to create modernized office environments include Centre Beam, 58 King Street, the Red Rose Tea Building, Canada Trust Building, Prince William Building and 12-14 Germain Street. In total, these renovated heritage buildings make up 10% of the entire office space inventory in the Uptown. Making better use of the upper floors of commercial (retail) buildings in Uptown Saint John has been identified by a number of previous studies, including the Uptown Strategy as part of Municipal Plan. The City offers by way of incentive, an Upper Floor Grant program that will reimburse building owners up to 80% of the cost of preparing feasibility studies. In the Implementation Tools and Mechanisms section of DWCS below we describe potential fiscal tools to support such a strategy. To complement these fiscal incentives, the project being advanced here is a `prospectus' information tool far distribution to current or potential building owners that profiles 5 Turner Drake&Partners Limited(July 2007) 104 40 investment opportunities presented by upper floor development. It can be expected that the large energy projects will generate a need for office space to house design and service firms, providing a rental stream to drive upper floor renovation. The prospectus would have several components: • An inventory of the upper floor space (amount of space, ownership and general condition); • A market statement presenting a projection of demand and supply conditions, • A sample "proforma" and business case; and • A description of the available municipal incentives package (described later). The cost of developing the information kit would be modest (potentially $25,000 to $50,000) and could likely be delivered within six months, thereby providing another quick win in moving to implement DWCS. Given the close working relationship with business operators and building owners, it would be logical to have this project championed by Uptown Saint John. Centre Beam provides a compelling success story. Commercial Street Improvement Plan During discussion with the Steering Group, the importance of improving conditions along the main commercial streets of Uptown was a strong theme. There are several components to this project. The first is to provide some form of encouragement for owners and tenants to improve and upgrade their store fronts to showcase the unique shopping environments created by the many striking heritage buildings in the Uptown. The second is a proactive strategy to fill vacancies with merchants offering unique products and services that round out shopping opportunities. The third component is a streetscape improvement plan to enhance a quality experience for pedestrians and shoppers. The fourth is the development of a retail strategy and promotion to further develop and promote the unique Expe�ience of Uptown. An initial step, similar to the Upper Floor Strategy, is to develop a prospectus and information document for distribution to building and business owners to promote the merits of investing in a comprehensive commercial street improvement plan The tool could have several components: • An business inventory of Uptown commercial streets along with a gap analysis identifying opportunities; • The objectives and components of a retail strategy and the promotion of the Uptown Experience; • A summary of available incentives and programs that may assist in the restoration of storefronts in heritage buildings, Again, the cost of developing the tool would be modest (again potentially $25,000 to $50,000) and could likely be delivered within six months,providing another early win. Given its mandate and existing relationships it would again be logical for the project to be championed by Uptown Saint John. 105 41 Restaurant Row The term "Restaurant Row"is identified with Beverly Hills, California, with a section of the area lies within West Hollywood. This area is the home of many restaurants, some of them long-time establishments such as Lawry's and Tail O' the Pup. The nickname has been well-known in the Los Angeles area since at least the 1940s. Restaurant Row is also the popular name for a section of 46th Street located in Midtown Manhattan in New York City. Numerous small restaurants (approximately 15) line the street which retains a small neighborhood feel despite its proximity to Times Square and Broadway theatres. The concept has been repeated in many cities. For many diners, the "row" is the destination, not a single establishment. For the operators, this opens the possibility of joint promotion—especially important for reaching tourists and visitors to the City. For instance "Restaurant Row" in New York uses a website as part of their promotional toolkit. In addition to providing menu and reservation detail for each of the participating restaurants, the website provides a map (and links) of attractions in the vicinity, including the annual food festival on 9`h Street. In Saint John, there is a nucleus of interesting restaurants and bars near the intersection of Princess and Prince William. The advantage of this location is its proximity to the cruise ship terminal and many of the professiona] firms in the Uptown. The one disadvantage is the distance to the Imperial Theatre—not impossible on foot but a challenge during inclement weather. The project being advanced here is to consolidate this nucleus of restaurants with a combined, sustained marketing initiative to make the"row" a prime restaurant destination. This could include a web presence, cross-promotions with other restaurants, galleries etc and events ("Taste Of'...) etc. This marketing will sent a strong signal to visitors to Saint John as well as to those interested in investing in this sector. Atelier Complex Among the potential ideas being proposed here are the following. • Develop a mid- to high-density building that is residential and commercial with workspaces built-in for home, small businesses and incubatars. • Design flexible and scalable work—live spaces for start up firms. • Focus on Financial, Legal and Professional Services. • Co-locate educational facilities and programs relating to the Legal, Financial Service and Profession clusters. • Develop a cooperative education and job placement centre. • Develop an"in career" life long learning program and information technology training centre for mid career professionals. • Establish market development program to help startups identify and develop global market opportunities. • Develop common area amenities such as conference rooms, business centre, common reception services, IT services, shipping, receiving, storage and mail services. 106 42 • The restoration of low- to mid-density residential and shops on the surrounding streets would bring this true urban village a block from the central business district bacic to life. It would also preserve the streets and authenticity of the neighbourhood. The streets are lined with beautiful and historic houses punctured by parking or vacant lots. The location is central, the public services are already there and most infrastructures exist and are in reasonable state of repair. • The locations of this atelier complex and surrounding live-work district and village is at the apex of the highest hill in the centre of Saint John offering priceless views of the city, the bay and the surrounding landscape. Creative Convergence Centre The project envisioned is a Creative Convergence Centre (CCC),based on the model of convergence centres/hubs described at the beginning of this report, is supporting the growth and development of the creative industries in Saint John. Consultations identified a number of functions for such a facility. One is to address one or more of the public programming and facility needs identified—a smaller art gallery space and/or a small performance venue. In considering the CCC, the Steering Group made clear that first priority should be determining how such needs might be addressed by expanding or enhancing existing facilities such as the Saint John Arts Centre. The need for a performance venue has previously been identified by the SJAC, the New Brunswick Museum, and the Library. These would be logical partners in exploring possibilities and options However, the core vision for the CCC is more the industry focused facility described earlier in this report serving both for-profit and not-for-profit sectors. Possible purposes or functions could include: • Shared administrative space including shared reception area,board rooms, printing facilities, multi-media studio and video conferencing. • A venue for training and education programs supporting the creative industries. • An incubator and platform for networking and collaboration (both a physical facility and `home' for web-based platforms). Again, the potential of any of these functions being addressed through existing agencies or combination of agencies should be a first priority. D. EVALUATION OF PRIORITY PROJECTS Taken together, the projects described above represent a spectrum in terms of level of complexity, cost, and time to implement. To provide a sharper focus to the implementation strategy, the projects were subject to an evaluation process to help identify "key projects". i. Step One The first step in the process was to determine the degree of linkage between the projects to determine how each project is connected with or supportive of others. The chart below indicates an "X" at each intersection of the grid cells to denote a form of connection or support between 107 43 each combination of projects. An "X" linkage represents a relationship or opportunity between two or more projects that may: • Allow for cross promotion or joint marketing • Be required to make another project viable • Contribute to the development of a shared cluster, theme or destination • Allow an opportunity for collaboration in audience or customer development • Create opportunity for joint management, governance or development • Contribute to the identity and brand of other projects • Stimulate or enhances revenue in another project • Increase the participation rates in other projects • Create competencies and resources that can be used by another project. The bottom part of the chart provides an X to denote the linkage of each project to the three broad strategic objectives underlying the study. What this charts helps identify are projects that can be considered"foundational". It can be expected that the implementation of a foundational project will, in addition to the contribution it makes in and of itself, provide broad support to a number of other projects. A foundational project provides a stimulus for developing or enhancing the value, revenue, productivity or public participation in other DWCS projects. These projects contribute to the development of a brand and the attraction and retention of investment and people in the Uptown. 108 44 • . . - � � a � d � � � � V � � U C y Y p V � 0 � � � d � V � � i � � > fA Q- C O � � y y N � r" C y d � � O � '% � v' m > .,.�, 3 � t> �o — y °' � � 3 � o � � 3 c Q d ` v' � n. � R � a � � v� c c � ° � c ° = w � m a�ni y c o '� � � m `�° V d o � LL >_ C .0 i E � E � G> >_ �► `�' 3 "a�i � c°�i `� � Q. E vr '� y 3 7 N L L N N G. O N L O U Z U � d' n. U � U d' Q U � Projects Cultural Portal X X X X X X X X 8 New Festival / Festival Venue X X X X X X X 7 Edu/Training-Creative Industries School X X X X X X X X X X 10 Edu/Training-Urban Institute X X X X X 5 Reception and Interpretive Centre X X X 3 Performing Arts Venue X X X X X X X 7 Cinema Renewal X X X X X X 6 Upper Floor Live Work Strategy X X X X X 5 Commercial treet mprovement an X X X X X X X X X X X 11 Restaurant Row X X X X X X X X X X X 11 Atelier Complex X X X X X 5 Creative Hub Convergence Centre X X X X X X X X 8 Column Total 9 5 9 6 6 7 6 5 10 11 6 6 Objectives Residential Intensification X X X X X X X X X 9 Creative Economic Development X X X X X X X X X X 10 Entertainment District/Visitors X X X X X X X 7 ii. Step Two The second step of the evaluation was to frame each project within an evaluation grid that captures elements of"desirability" and"do-ability". To assist in the completion of this grid, members of the Steering Group were invited to participate in an on-line survey that asked each participant to select their"top 5 picks" of projects and indicate potential partners and champions for each project. Thirteen members of the Steering Group participated in this survey. The evaluation grid (presented below) identifies the degree to which each project: 1. Is "foundational" (number of X's from the previous chart) 2. Has support (is a "top pick" of the Steering Group) 3. Already has some degree of "traction" in the community 4. Has potential partners that can be enlisted for support 5. Has an identified"champion" (steward) to move the project to the next step 109 45 . . Isthe Project Top IsThere Potential Potential Foundational? Picks Traction? Paticipants Champion Cultural Portal 17' 21 Y Aliant;City/CAO Ci !�i4C)' New Festival/Festival Venue 12 15 �(' City;USJ Edu/Training-Creative Industries School 19 22 N SJAC/NBCC/CAB ? Edu/Training-Urban Institute 14 27 � UNBSJ;NBCC;ESJ Reception and Interpretive Centre 9 14 Performing Arts Venue 14 4 Cinema Renewal 12 5 Upper Floor Live Work Strategy 10 24 City;USJ;Dev Commercial Street improvement Plan 21 24 City;USJ Restaurant Row 22 18 N USJ ? Atelier Complex 11 2 Creative Hub Convergence Centre 14 19 $JAC;USJ�Dev ■��r Key Projects CAO=Cultural Affairs Office; USJ=Uptown Saint John; SJAC=Saint John Arts Centre; UNBSJ= Uni�rsity of New Brunswick NBCC= New Brunswick Community College; ESJ= Enterprise Saint John; Dev=private Developer(s) The evaluation grid works from left to right. A project was given dark grey shading in the first column if it received 15 or�nore X's from the linkages grid. The remainder received a]ight grey shading since the scores were tightly grouped (9 to 13 "X"s each). In the second column, projects were given a dark grey shading if they received a score of more than 15 from the "top pick" selection of the Steering Group, a light grey shading for scores of 10 to 14, and no shading for scores lower than 10. The scoring assigned 5 points to a project each time it was nominated as a "number 1"pick, 4 points each time it was nominated a"number 2 pick", 3 points for a"number 3 pick" etc. These first two steps in the evaluation begin the process of sorting out "key projects" from the others. The remainder of evaluation was focused on the projects scoring well in the first two columns. The third column indicates (in dark grey shading) which of the projects surviving the first two tests ("foundational" and "top picks") have a measure of"traction" in the community already. The light grey shading indicates projects which would appear to have somewhat less traction at this time. For example, the partnership opportunity between the cultural portal and Life on Your Terms gives it significant traction and potentiaL The University of New Brunswick at Saint John is currently evaluating the possibility of developing an Urban and Community Development. There are city grant and potential incentive programs that could support the Upper Floors Strategy and Commercial Street Improvement Program. The Benefits Blueprints project is pointing to support for the idea of a Creative Convergence Centre—either as a stand-alone facility and/or through funds to adapt existing facilities. The fourth column indicates agencies or organizations that have been suggested by the Steering Group as potential partners/contributors to each of the projects. The final column is the consultant's recommendation based on consultations concerning a likely "champion"to move each project to the next step. All of the above process led to the identification of the following priority projects. 110 46 Priority Pro'ects Cultural Portal New Festival/Festival Venue Urban Institute U er Floor live/Work Strate Pros ectus Commercial Street Im rovement Plan Pros ectus Creative Conver ence Centre Next steps for moving forward with these projects and the larger DWCS are set out in the next section. 111 4� HOW DO WE GET THERE? A. PRIORITY PROJECTS: PROGRAM SCOPE AND SCHEDULE The chart introduced below provides a preliminary rating of the scope (i.e. magnitude/ complexity/cost) of the priority projects and their likely sequencing (i.e. some projects can be commenced almost immediately; others will require a significant lead time to assemble the requisite partnerships and resources). Sub-projects have been introduced for both the Upper Floor Strategy and the Commercial Street Improvement Plan. These sub-projects represent the preparation of"information kits"to prime the pump and generate interest in project implementation. Detailing budgets, schedules and business cases for each of these projects will be work assigned to the project committees struck to advance each of the projects within the program. It is the consultant's recommendation that the custodianship of the overall program be assigned to Uptown Saint John who will take lead responsibility for forming the project committees. Priorit Pro'ects Sco e and Cost Schedule Cultural Portal Low Year 1 New Festival/Festival Venue Medium Year 3 Urban Institute High Year 5+ U er Floor live/Work Strate Medium Year 3 Pros ectus Low Year 1 Commercial Street Im rovement Plan Medium Year 3 Pros ectus Low Year 1 Creative Conver ence Centre High Year 5+ B. IMPLEMENTATION PROCESS i. Step 1: Confirm Governance Structure and Strike Creative City Roundtable • Determine lead agency—i.e., Uptown Saint John • Establish Interim Governance Team responsible for: • Developing detailed Terms of Reference and proposed composition of Creative City Roundtable • Liaise with the city on Vision 2015 and Benefits Blueprint regarding synergies and timing • Provide advice to city on the new policy committee (as required) ii. Step 2: Form Project Working Groups • Establish Working Groups for priority projects mandated to bring better definition to each project, to confirm working group membership, to identify project leadership, to define the partnerships and collaboration required for implementation, and to develop the detailed business case for each project. 112 48 • To establish timetable for project implementation, including the identification of Milestones. iii. Step 3: Monitor Progress and Evaluate Outcomes The Creative City Roundtable, under the leadership of Uptown Saint John, will: • Be the "custodian" of the DWCS, • Monitor the progress of implementation of each project against the schedule and milestones established by the Working Groups, • Provide a conduit for partnership development, and • Document the project outcomes. C. IMPLEMENTATION TOOLS AND MECHANISMS i. Characteristics of Successful Development Partnerships It is likely that beyond the Creative City Roundtable, several of the larger capital projects may require a development agency. The logical agency to lead these projects is the Waterfront Development Corporation (WDC) that has been very successful in implementing a range of major projects in Saint John over many years. As we are not designing a new development corporation for Saint John it is important to consider what qualities any corporation or partnership organization should have to realize these projects. Based on the consultants' experience and that of WDC, the following characteristics of success can be identified for the fostering of an effective agency role: 1. Clear understanding among local government, private sector leaders, investors and development agencies of the overall context and major challenges facing the Uptown together with an understanding of challenges and conditions effecting development and the economics of real estate in the district. 2. Most successful urban redevelopment involves change in policy and planning tools and legislation. While much can be done without them, moving beyond short term returns to focus on sustained improvement to long term prosperity require these changes. 3. An inclusive consultative and governance process built on clear communication strategies and regular reporting to the larger community and stakeholders. 4. A policy and plan that work as a"performance contract". Once projects are selected, it is important to confirm and publish an implementation timetable to build confidence and momentum. 5. A lead agency and a development partnership that engages a range of stakeholders with vested interests in responsibility for delivering on the plan. All vested interests need to be disclosed thereby avoiding conflicts of interest(an important distinction). 6. A comprehensive, integrated planning document should contain all relevant policies, practices and incentives and be accessible and easy to read. 7. Sunset clauses on plans and partnerships. Development corporations are often more effective when they are attached to a specific plan with concrete, measurable objectives, invested with sufficient resources and specific deadlines by which projects must be 113 49 completed. The plan and the partnership organization should be renewed based on the success and progress attained within the prescribed time frame. The possibilities within the current legislative framework for fiscal tools to redevelop sites and finance infrastructure are limited. The development of non-governmental partnerships and private and public funding partnerships are likely the most realizable financing strategies in the near term. ii. Financial Incentives and Delivery Mechanisms Urban Development Banks & Agencies Urban development banks and agencies are organizations that manage loans, credits and bridge financing of capital projects as part of an urban regeneration project. They organize and connect people, capital and place. An urban development bank works best when attached to a development corporation that works with investors and developers to find customized solutions to meet their specific needs such as identifying development opportunities or securing financing. Urban development banks are a concept pioneered in places like St. Paul Minnesota, and Winnipeg, Manitoba to provide seed capital for the development and redevelopment of challenged urban sites. It can play several roles: • Leverage market public sector owned properties. • Provide loans, lease land, sell property and act as "lender of last resort" or deal closer. • Administer financial incentives. • Make equity investments • Managing and monetizing tax credits Financing and Leveraging Assets An urban development bank or agency is a financing agency or program of an economic development corporation that resources the redevelopment of sites or districts from creative and strategic use of public sector lands and assets. This can usually be done by setting up a corporation and delivering project financing through the exercising of the corporation's natural person powers. The bank is assigned assets by local governments that are strategic to redevelopment goals or have been difficult to sell or have been off the market and unlikely to achieve reasonable sales price in their current condition. Seed funds are put in place to improve the lands and market them to targeted investors with a package of incentives and often as part of a specific local development strategy. The bank is paid on a set percentage of the enhanced value of the land or asset upon sale and reinvests that money in the redevelopment of the site and the marketing of the land. Lender of Last Resort An urban development bank normally can approve funding for qualified development projects. It uses its asset base and banked revenues to bridge finance projects, offer 114 50 mortgage financing, loan guarantees, subordinated debt or equity participation for small or medium sized real estate developments. The urban development bank or its parent development agency usually facilitates partnering with traditional lenders such as banks and credit unions. In fact the urban development bank acts as a lender of last resort to bridge the gap between bank financing and�nal project costs. Interest and repayments from urban bank assisted projects, interests earned on the capital pool and net proceeds from the sale of properties in the district are used to replenish loan funds. Strategic Asset Agreements An asset agreement is usually the basis of the transfer of under-performing assets or surplus lands to an urban development corporation. The agreement specifies the goals and authority of the agency and the terms on which it holds the assets. The operating and critical assumption is that all land will be sold at market value and incentives will be kept separate from the price of land and buildings so the market value of property is not distorted or devalued. The goal is to get the properties appropriately developed and back on the tax roll within the standards of the area development plan. Some urban development banks are delegated to manage tax incentives for government. Tax Credits Tax credits for brown field or heritage redevelopments can be important tools for redevelopment if they are performance based or in other words paid out only as a percentage of private dollars invested. Some development corporations are given the ability to monetize those tax credits or allow the credit to be converted to a loan to provide star- up capital for a project. Appropriate tax credits should be calculated to close gap between the market rents the property should generate and the differential cost of redeveloping the heritage property over the cost new construction. There is currently no heritage or brown field tax credit legislation that would be useful for application for these projects. A heritage tax credit should be considered. The Province of New Brunswick should consider tax credit legislation that would: • Determine gap between building rental rates and repair/restoration/redevelopment costs. Focus on closing this gap, not on retarding or freezing property assessment. • Be a true credit: Paid on all properly submitted and approved plans at a set proportion of invested dollars and applied against tax payments over time. Tax Increment Financing Tax increment financing (TIF) is a financing mechanism that uses the increase in property tax revenues generated by the redevelopment of a property or area to pay for the costs associated with redeveloping that property or area. Revenue is generated by the increased property assessment (value) that is generated in a specific area attributable to a specific infrastructure improvement. Increments of taxes resulting from higher property assessments are reserved to finance the infrastructure improvement. 115 51 The use of TIF is a relatively new concept in Canada, currently only being used in the Provinces of Manitoba and Ontario. But given eXisting legislation in other provinces it may be possible to press for its introduction in New Brunswick. The tax rebate (or in Ontario's language the TIF-based g�ant) is paid to the developer as an annual rebate of part or all of the property tax increase generated by the project. Typically, the term of this tax rebate is approximately 10 years and often includes a sliding scale of annual rebates from 100% of the property tax increment in the early years, decreasing to 0% of the tax increment at the end of the period. The total of a taX rebate and tax relief grants and loans provided by the municipality to the developer cannot exceed the cost of rehabilitating the subject land and buildings. The projects typically financed by TIFs are: • The construction of municipal infrastructure or amenities to assist in the development of a previously developed area. • Environmental remediation of a previously developed area. • The construction of a public transit facility. • The provision of public, infill or affordable housing • Heritage restoration or capital costs of cultural and sports facilities It is usually the municipality that determines what is eligible within the framework of the provincial planning or municipal act. Historically, municipal governments in Canada and the United States using TIF and tax grant programs have interpreted these eligible costs to include the costs of environmental assessment, remediation, building demolition, retrofitting, on-site infrastructure replacement/upgrading, and even in some cases, new construction. In Ontario the property tax increment allowance is restricted to 1% of the city's total annual tax revenues. This allows only very large city's' to use TIFs. New Brunswick would need to consider the acceptable level risk in any legislation it brought forward. A Regeneration Investment Fund If there is no possibility of tax incentive legislation a city can implement a substitute approach through a regeneration investment fund. The first step is to calculate the current taxation levels based on current property assessments and establish a base line. The impact of each development project and infrastructure investment in the Uptown area and specifically within a designated precinct can then be calculated against that base line. The uplift in property assessments at each reassessment checked against market value based on rolling averages of property sales can be monitored. From the new property assessments the net increase in property tax revenue can be calculated. The City can establish a revolving fund or account that designates an appropriate percentage of new revenues from the district in which the improvements have been made based on a formula that balances the city need for revenue growth and the funding sufficient investment to realize the DWSC projects outlined in this report. 116 52 This fund is replenished each year based through a year-end budget transaction by city council that transfers tax revenues based on the agreed formula into the "regeneration investment fund". This fund grants and loans money with interest to informally run a suite of incentives that would parallel the role of the more formal and legislated incentives described earlier in this report. Qualifications of a Successful Regeneration Incentive Program Property grants and tax credits should be managed with these conditions and restrictions: • The incentives offered should be scaled to close the gap between market rents and costs. It is critical to assess both the costs of maintaining property and the actual rents or sale prices generated. If incentives are too modest then they will illicit little response and if they are too generous they will create free riders who will subsidize construction that would have happened anyway, distorting the operation of the market. • Incentives by the city should only be given to improve property and never to subsidize a business. The city gets its return from the increase in the value of property and it should only invest incentives in improvements to land and buildings that have potential to generate a stronger assessment base—otherwise the incentives will represent a cost to the city, not a benefit. Businesses will come and go but appropriate improvements to foundation, roofs, elevators and insulation last—building the long- term value of the asset. • The recapture of incentives should always be considered separate from the sale price of land when the city or other governments dispose of public lands (possibly returning all ar a portion of the incentives to the regeneration program). • The incentives should be calculated to close the gap between market rents and the carrying, restoration and maintenance costs of a property. If the market is generating $14 a sguare foot rent but the cost of restoring and maintaining the property requires $24 a square foot(amortized) then the incentives should be set at 50%. • Incentives should be adjusted annually to reflect changes in market rents and sales. As each new building is built or each existing buildings fills its upper floors with tenants the rents will rise to reflect the stronger market. A judicious stepping down of the percentage of investment eligible for grants or tax relief should occur as the gap between costs and market rent closes. • Incentives should be performance based and not regulatory. If an approved eligible investment is made in a building within the designated district then the incentive (tax relief or grant under the formula) should be automatically rewarded. Grants and tax relief should be given as a specific percentage of the actual cost of the improvement made to the building. 117 53 • Approvals far incentives should be front-end-loaded. The applicant for an incentive should submit two/three quotes for eligible work prior to construction and the city or approving agency should authorize the work and give the proponent approval prior to the start of construction. Approval should be for the submitted costs only and the city incentive should be capped at that amount. Cost overruns are the responsibility of the project proponent. This avoids bureaucracy, fights over costs and it builds momentum for regeneration. • These incentives should be administered within the context of a plan,rationalized against the plan's objectives and evaluated against predetermined metrics that include the enhanced value of property across the district and not limited to the directly benefitting properties. • All incentives should be sun-setted on a four to five year horizon. A year before the sunset date the progress achieved by the incentives should be evaluated and if still necessary they should be adjusted and renewed to reflect new policy outcomes and changed conditions in the district. 118 54 APPENDICES A. GLOSSARY The following glossary was developed by Toronto Artscape and forms part of Artscape's road map for the neXt five years: Vision 2011: Thinking Big About Culture-led Regeneration AUTHENTIC The genuine or real article, feel, mood, fact or style as it applies to individual, collective and communal memory, emotions, experience, attitudes, stories,history, cultura] attributes and creativity. COMMUNITY BUILDING An applied art—not a science; involving the design and application of collaborative strategies to the resolution of issues; management of change; strengthening capacity, building leadership and effectively engaging all elements of the community in the processes. CREATIVE ADVANTAGE The competitive edge that an organization, community or city has by virtue of their ability to sustain creativity and innovation. CREATIVE CAPACITY The relative ability of an organization, community or city to generate ideas, goods and services; the strength of creative assets and resources of an organization, community or city. CREATIVE CLUSTER A geographical concentration (often regional in scale) of interconnected individuals, organizations and institutions involved in the arts, cultural industries, new media, design, knowledge building and/or other creative sector pursuits. CREATIVE HUB A multi-tenant centre, complex or place-based network that functions as a focal point of cultural activity and/or creative entrepreneurship incubation within a community. A hub provides an innovative platform for combining the necessary hard and soft infrastructure to support the space and programming needs of commercial, not-for-profit and community sectors. CREATIVE PROCESS An ongoing, circular and multi-dimensional process of discovery, exploration, selection, combination, refinement and reflection in the creation of something new. CREATIVITY The ability to generate something new; the production by one or more person of ideas and inventions that are personal, original and meaningful; a mental process involving the generation of new ideas or concepts, or new associations between existing ideas or concepts. CULTURE A society's values and aspirations, the processes and mediums used to communicate those values and aspirations and the intangible expressions of those values and aspirations. 119 55 CULTURAL ECOLOGY A dense and connected system of a distinct and evolving blend of community, educational, recreational, cultural and entertainment venues and environments that generate `thickness' in the creative fabric of a city. They provide the necessary infrastructure that accommodates cross- fertilization between a varied mix of stakeholders and interest groups, cultura] producers, artists, entrepreneurs and residents. CULTURE - LED REGENERATION A multi-dimensional approach to the re-use, renewal or revitalization of a place wherein art, culture and/or creativity plays a leading and transformative role. DIVERSITY Distinct or different personal characteristics and qualities encompassing creative and artistic discipline, vocation, race, culture, sex, religious or spiritual beliefs, age, weight, disabilities, sexual orientation, everything which celebrates the variety and uniqueness of all individuals and things; may also apply to the mandates, goals, etc. of groups, organizations and companies. HARD INFRASTRUCTURE Tangible elements of urban form—worlcspaces, galleries, theatres, cafes, streets and public spaces—that combine the functional with the aesthetic and the symbolic to provide vital conduits for inspiration, connectivity and expression. Infused with a mix of uses, meanings and experiences, these places reveal themselves as authentic, distinctive,permeable and diverse `habitats' that attract and sustain a diverse range of creative activity. INNOVATION The creation or invention of ideas, goods or services that are novel and intended to be useful; intended to create some product that has commercial application and/or appea] to a customer, consumer or audience; the process of generating and applying creative ideas. KNOWLEDGE PRODUCT Organizational knowledge and expertise that are effectively created, located, captured and shared through an explicit form (manual, pod-case, website). Distributed to staff, board, clients and partners, codified knowledge is a valuable strategic asset that can be leveraged for improved performance. PLACEMAKING An integrated and transformative process that connects creative and cultural resources to build authentic, dynamic and resilient communities or place. SOFT INFRASTRUCTURE Dense and diverse collaborative partnerships, active intermediaries and cross-over mechanisms that facilitate the face-to-face interaction, social networking and flow of ideas that drive successful clustering. SPACEMAKING The development of studios, buildings and complexes as the infrastructure, the bricks and mortar of communities or places (see Placemaking above) along with the elements of communication, services, systems, policies and procedures for their tenants, occupants and visitors. 120 56 SUSTAINABILITY A trait that describes the best creative, cultural, economic, social, institutional and ecological products, environments, systems, processes and outcomes for hard and soft infrastructure and communities of all sizes; marked by durability and longevity; and experienced and shared by presen� and future generations of tenants, clients, partners and citizens. 121 57 B. INTERVIEWS Anthony Hardt, Cent�e Beam and Jeff Roach, Propelsj • Propelsj is launching a human resource (HR) development strategy to support the ICT industry bui]d human capital and industry capacity. There are huge HR needs according to a survey they completed. o There is a shortage of employees to meet industry growth and demands. o The training and education focus is on energy, on (traditional) industry and healthcare,but little attention to ICT (or creative/cultural industries). o There may be opportunities for connecting this HR strategy to similar training and education needs in the creative cultural industries. • There has been some success in attracting foreign (especially Chinese) students but they do not necessarily stay when they complete their education. We need strategies to retain them. • A priority is supporting and promoting entrepreneurship and entrepreneurial capacity. • While there were (and are) real concerns about the loss of a liberal education focus at the University of New Brunswick at Saint John, there is a need for strengthened training and education in applied fields of study—in this case in ICT. There is also little attention to e- learning in the strategy which is where the growth will be. • The visibility of the ICT sector must be increased. It can be an `invisible' sector due to the sector being characterized by small/micro industries. This undermines the larger community's understanding of the sector, including the career opportunities for resident youth. Celebrating success stories and developing and implementing communications strategies is critical. • The industry uses `coffee shop' business development methods that don't match traditional understanding of business practices, and therefore can be seen to lack legitimacy and economic significance. • With home (`or garage') offices there is a need for shared administrative facilities that people can make use of on an as-needed basis—things like a boardroom and meeting space, an answering service, multi-media rooms, videoconferencing facilities, etc. This could be a very strong role/function for a Creative Convergence Centre—one that would serve the creative cultural industries as well as ICT enterprises • Start up funding for small enterprises remains a need. But things such as tax deferrals on taxes stemming from investment in heritage properties would go a long way. • Making better use of upper floors in heritage buildings is important—but also expensive. Connecting adjoining spaces in buildings is needed for scale, but expensive to do. Adding things like new entrances and elevators is not cheap. Some incentives or support is needed. Tax deferrals on improvements are one tool. • Stronger networking and relationship building must be part of any strategy. Bernard Cormie�, City of Saint John • The city responded to the call for action in the Arts and Cultural Policy by establishing the community grants program and establishing the 1% policy 122 58 • The cha]]enge is the lack of capacity to implement the strategies and actions called for in the Policy. • This is not all about more municipal funding for arts groups. It's about building the capacity of the city to plan for culture and in�egrate it into planning across all departments. A second staff position is called for in the Policy and is needed. • The current administrative arrangements and reporting relationships for culture are not ideal and should be re-considered • It is also about building capacity in the community to act through stronger networks and partnerships, through resource sharing, etc. • There is a need for a larger vision of culture in the city and in key agencies such as the Community Arts and Culture Board. The `lived culture' of the city's heritage, emerging digital arts and creative industries and potentially libraries could be better represented on the agenda of the Board. A stronger link to the Heritage Development Board would help. • Additional shared administrative facilities for local cultural groups would be a very positive step. Currently a number of arts groups (Symphony New Brunswick, Opera New Brunswick, Performing Arts New Brunswick, Saint John Theatre Company and Shakespeare Company) share administrative facilities in Brunswick Square offices. This concept could be expanded for other groups; the Creative Convergence Centre being explored could play a strong role here. • Saint John needs a new major festival to replicate the extraordinary success of Festival by the Sea which had national televised coverage and was an enormous success for many years. Reviving it should not be ruled out but other themes should be explored. Craig Campbell, City of Saint John and Jim Bezanson, Heritage Planner and Heritage Development Board • There is a need for stronger networking across not only the creative cultural sector (broadly defined)but also across related areas. The Arts, Culture, Heritage, Environment (ARCHE) is one response and needs more support. It is connected to the local Sustainability Network that is connected to a Maritime Sustainability Network. • These can be powerful tools for influencing policy, for engagement, for capacity building, etc. • Connecting networks to the new policy committee structure is critical to the success of these committees to keep them plugged into the larger community and its insights and resources. • The Arts and Cultural Policy is strong but there is no implementation capacity underneath it to move the agenda. Darryl Wilson, Retail Consultant • To succeed in retail `nothing succeeds like success.' Saint John must do a better job celebrating and promoting its successes. The city has a negative attitude unlike Moncton that appears to have turned this attitude around and is generating energy and momentum in that city • The city needs to `change its story.' A focus on creativity is part of this. 123 59 • The Saint John experience is the city's most important asset—it is a bigger issue than more shopping in the Uptown • There should be more initiatives like the Gallery Hop that generate excitement and energy as well as sales of art. • There is a possibility that the Irving's may locate their new office tower on the Waterfront rather than outside the Uptown (as was planned). This could be a major victory. They want to build a signature building that could be part of re-branding the city as well as a major asset for the Waterfront. David Adams, musician and Symphony Manager • More partnerships and collaboration within the arts/creative sector must be part of any strategy. This can be collaboration in things like stronger joint marketing of programs. A web based calendar of events that was current and continually changing would be a strong tool. The idea of the cultural mapping and cultural portal is a powerful idea. • The collaboration must also be related to advocacy and a stronger shared voice for the arts and creativity. • The creative cultural sector must be more visible `on the street' as part of the fabric of the community. There is a need for a sophisticated and ongoing communication strategy to keep these issues front and centre in the public's mind. This is key to repositioning it on the agenda in the community. Jane Fullerton, Director, New Brunswick Museum • The Museum's has a pressing need for larger collections management and `bacicroom' space that is no longer adequate at the Douglas Avenue site. The ideal would be to retain both exhibition and public spaces and `backroom' space in the same building to provide visitors with an opportunity to experience both. • The Douglas Avenue site remains an important heritage building and a key asset but would require a major expansion of facilities to address both functions. • The Museum has visibility and identity issues connected to its location in Market Square. Part of the rationale for the new building relates to this. • The decision has been made to step back from the proposed major new capital facility ($40 million in 2005 dollars) to examine several options: • Although enhancing the Uptown is a definite priority it is important to not ignore the needs of other parts of the city. Jeremy Higgins, Fusion • Fusion was established in 2004 to support networking and engagement for young people interested in positive urban development as one means of retaining educated younger people in Saint John rather than migrating to larger cities - and to encourage those who have left to return. • The organization supports any strategy that enhances an urban environment that supports these goals and sees the DWCS as an important lever for addressing these needs. • The growth in membership exceeded expectations with many from outside Saint John 124 60 • People want to live in places that have interest and meaning. Job satisfaction and quality of life are more important than salaries as incentives to stay or go. • There is the perception that there `is nothing to do in Saint John' which is false but still pervasive. Strengthening awareness of what's here should be a priority for the DWCS. Kath�yn McCarroll, Saint.Tohn Arts Centre and Peter Buckland, Peter Buckland Gallery • The rapid growth in commercial galleries has been remarkable. Strategies to sustain existing galleries and to promote the visual arts community and visual arts patrons are a tremendous opportunity. • The Saint John Arts Centre (SJAC)has a long history of strong school and community programs. These are strengths to build on but the current Carnegie facility is not adequate to meet existing let along future needs. • Early drawings and ideas for the Police Station did include the redevelopment of SJAC and a creative use of green space, a sculpture garden, etc. At some point these plans were put aside in favour of what came forward. • The current proposals will further isolate SJAC from the Uptown, rather than connect it. • Notwithstanding the redevelopment of the current site, there is a need for a new public gallery in the Uptown. • The arts community has been pulling together over the past few years through events like the two Summits and the Arts and Culture Policy but more can be done to strengthen collaboration and support a sustainable local arts scene. Mike Wennberg, lawyer and Chair Community Arts and Culture Board • The Saint John Community Arts Board has applied for the Cultural Capital designation in 2010 which, if successful, comes with $750,000 in funding from the Department of Canadian Heritage • The theme developed for the application is "Saint John: The Original City". • The proposa] includes a unique Public Art Project (with four pieces commemorating the Loyalists, immigration to the city, the Francophone history of the region, and the First Nations connections to the site of Saint John), a heritage festival of performances throughout the year 2010, a First Nations cultural celebration, and an Arts on the Edge project (ie. a training project for emerging performers and artists), to name only a few of the activities planned for 2010. • The proposal, in lceeping with the Cultural Capitals program funding, has the dual goal of providing support far celebrating local culture and cultura] activity and building the capacity of the city to sustain and strengthen its support for cultural development. There should be strong connections between the DWCS and this proposal. Randall Ha�eld, Human Developinent Council • The challenge in Saint John, as in other cities its size, is to afford the social infrastructure that larger centres find easier to build. • The solution has to be creative opportunities to connect different functions and needs in shared facilities or to find partnership opportunities to make things possible. 125 61 • The proposed Creative Convergence Centre sounds like an example of this kind of creative infrastructure building. Maybe Saint John can't afford major new standalone performance space or art gallery in the Uptown core. But building a multi-disciplinary and multi-functional facility combining both could be affordable and doable. • There is a need for a stronger base of research to inform social (and other) kinds of planning in the city. We make decisions on the basis of inadequate data. • The idea of an Urban and Community Development Institute raised by Robert McKinnon at the Steering Group meeting could be a strong step toward addressing this need. The Community University Research Alliance (CURA)project with the New Brunswick Museum was visionary and should be built on. The University of Saskatchewan's Community University Institute for Social Research is a strong model to look at in moving this idea in Saint John ahead. • There is also a need for `incubating social enterprises' —how do we help launch important new programs or services by creating environments and contexts in which they can develop • The Vibrant Communities Program of the Tamarack Institute (McConnell Foundation) is a strong model to examine. The idea of a `creative city roundtable' and shared governance system is the kind of initiative and lever for change that this program supports. Robert McKinnon, University of�New Brunswick at Saint.Iohn • The goal of an Urban and Community Development Institute is to be an interdisciplinary program (not located or affiliated with any one department of faculty), and one that utilizes expertise across the university and from within the community. The concept would be to support teaching and research in the area, including things like the documenting of good practices/case studies of successful plans/strategies internationally. • The University has begun to develop some initial ideas for the Institute, and possible topics of research attention. There has been some preliminary discussion with the Advancement Office about possible sources of external funds to get it started. • The CURA project (in its last year) was an important first step in creating the kind of connections between the university and the community that benefit both. • The larger idea behind the CURA is that of`knowledge mobilization.' This used to be called `research transfer' but is the basic idea that we must build stronger linkages between post secondary research, public policy and planning, and front-line managers or practitioners. • This has been a major priority over the past five or six years at the Social Sciences and Humanities Research Council (SSHRC), the funding agency for CURA. SSHRC also has a program called Knowledge in Society (KIS) that could be a source of funds. • There are opportunities here to secure significant research dollars to support the kind of integrated planning frameworks and practices represented by Vision 2015 and the DWCS. • The University owns three buildings in the Uptown that might form an `education cluster' as part of the DWCS: 126 62 o Beaverbrook House, 127 Carleton Street—formerly used as a residence for LTNB Saint John students (long ago); and]ater as the E-Commerce centre. More recently (since last year), it is being used as the location for the G. Wallace F. McCain Institute for Business Leadership. This Institute should be examined for its potential to link to the DWCS. There are also some offices used by student researchers located there. o Former Bank of Nova Scotia Building, 40 Charlotte Street(on Kings Square). This building was donated to LTNB a few years ago. It is used for a variety of university functions—Dean's receptions for students, recruiting events, Board of Governors meetings (when held in Saint John), public lectures. The main room used is called The Grand HalL The rest of the building on the upper floors is rented as office space which helps cover our operating costs. o In Print Bookstore 16 King Street (Retail floor of Centre Beam Place). This is the University bookstore in the "uptown" which opened last year. This space is also used for various functions (author visits and readings, public receptions etc.). Ross Jefferson, Executive Director Wate�front Development Corporation (WDC) • WDC formerly had a mandate for projects in the Uptown and completed major initiatives such as the Imperial Theatre. Specifically in terms of new capital projects, WDC could potentially play some role in supporting DWCS. • WDC was created in 1980 to develop Market Square. It is established through provincial legislation and has representation from all three levels of government. • The agency has `ramped up or down' over the years based on need and opportunity. The focus on the waterfront was a decision taken and supported by a wide range of agencies all of whom contributed funding and support: Board of Trade, Uptown Saint John, Enterprise Saint John, Saint John Port Authority, Saint John Development Corporation with the City of Saint John as a funding partner. It recently became one corporation and the province is now on board as a funding partner. • The key to success will be that someone is in charge and assigned a strong leadership role (not necessarily WDC). Someone has to own the strategy and the agenda in a focused way. But then the challenge is how do we create effective partnerships in pursuit of shared objectives? • Uptown Saint John has a major role to play in providing leadership on the DWCS. It is consistent with their mandate and they are well positioned to take on this role. "It will deliver more value to their stakeholders." Steve Carson, Executive Director and.Ianet Scott, Enterprise Saint.Iohn • ESJ is reorienting its mandate to focus on creativity, innovation and business development, with a strong theine of creative entrepreneurship and entrepreneurial capacity. • These are seen as among the most important challenges (and opportunities) for growing the economy and quality of life in Saint John. The issue is Community Economic Development(CED) not just Economic Development. • This is related to the core issue of quality of life as one of the city's most important economic assets in attracting and retaining talented people with great ideas. 127 63 • ESJ sponsored"Imagine the Possibilities" as an initiative to engage youth. More than 300 participated in this event at the Imperial Theatre. • This can only happen through cross-sectoral partnerships and through a holistic community vision. The proposed Creative City or Cultural Roundtable is exactly the kind of partnership mechanism needed. But it should be tied directly to the new p�oposed Policy Committee add�essing creativity and culture. • There is a huge opportunity to interest major energy investors in this vision. There is interest because they know it makes good business sense. • There is a major Spanish corporation that has invested a billion dollars in similar energy projects. 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The idea of a new complex having multiple ice surfaces presumably for �" hockey seems to be the most recent concept that is being floated W for this site. While we realize that this is just an idea at this w stage we would like to weigh-in with a couple of points we feel � need consideration before any development concept gains � momentum for this choice site. � U Long Wharf is one of the highest profile sites in the city of Saint John, having a central waterfront location adjacent to the Thru- z way with commanding views of the harbour. This site was part of � an extensive public process that resulted in the Inner Harbour Master Plan, a plan which identified Long Wharf as a site where o mixed use development would be the highest and best use. The �r site would also provide for increased public access to the waterfront and accommodate cruise ships on peak days. A � recent proposal for the site met the criteria for a mixed use high � quality development but unfortunately did not come to fruition. p The former site of Lantic Sugar which is located off the Lower Cove Loop at the tip of the peninsula has been mentioned Cij� ^ recently as well. This site was also part of the Inner Harbour I Master Plan which illustrated a build out of primarily residential *'' development with public green space and waterfront access. � � � '— c� (n T. 506. 633 .9797 F. 506 . 65,�.3�525 www. uptownsj.com M � �-d t�l W Initial discussions were underway with a committee that had -- been established by staff but we are unsure of the status of this � committee as no further meetings have be held or planned. We z strongly urge Council to initiate a forward looking process that will see these assets repurposed to become the stimulus for z further growth in the area. We would like to be part of the x process and look forward to participating in a meaningful way o towards attaining our mutual goals. � � Sincerely, z � � � "' • Matt Alexander �' President, Uptown Saint John Inc. � w w x � � ;� z � � Q � � � 0 ; .-� C�� N � � .� � (� T. SC6 . 633 . 9797 F. 506. 6� 2�� %; www. uptovinsj.com �� /"� J Chown, Jeanne From: Taylor,Jonathan Sent: April-02-13 12:49 PM To: Chown,Jeanne Subject: FW: Correction Attachments: Letter to Council Long Wharf March 19.docx . �__,_._..— ____—_____..�.._. ....._ _m. _. _...._..._...�.__� From: LesEie Keating [mailto:Leslie@UptownSJ.com] Sent: April-02-13 11:25 AM To: Taylor, ]onathan Subject: CorreCtion Jon When I send in tF�e letter last week I somehow managed to duplicate the second page for both letters, I always give Common Council the original and keep copies for our records, well somehow 1 managed to submit the second page twice. The proper sacond page for the Long Warf Letter should be: Both of these prime sites have been the subject of much public scrutiny tl�rough the process to prepare the Inner Harl�our Master Plan. We therefore encourage the community to give the objectives of the Plan serious consideration as it relates to these or any sztes within the Plan area. Sincerely Dr. Matt Alexander President Uptown Sainf John If you could clarify this with my apologies. I have attached the original letter in its original format also. Leslie Keating Administrative Assistant 9-506-633-9797 FAX—1-506-652-3525 � � sai � t � �rhr� �fa= �' �34 13 � . s March 19, 2013 Mayor Mel And Members of Common Council RE: Long Wharf and Former Lantic Sugar Sites Your Worship and Members of Council, Recent media reports regarding the future of Long Wharf prompted discussion at our March 14th Board meeting. The idea of a new complex having multiple ice surfaces presumably for hockey seems to be the most recent concept that is being floated for �his site. While w� realize that this is just an idea at this stage we would like to weigh-in with a couple of points we feel need consideration before any development concept gains momentum for this choice site. Long Wharf is one of the highest profile sites in the city of Saint John, having a central waterfront location adjacer�t to the Thru-way with commanding views of the harbour. This site was part of an extensive public process that resulted in the Inner Harbour Master Plan, a plan which identified Long Wharf as a site where mixed use development would be the highest and best use. The site would also provide for increased public access to the waterfront and accommodate cruise ships on peak days. A recent proposal for the site met the criteria for a mixed use high quality deveiopment but unfortunately did not come to fruition. The former site of Lantic Sugar which is loca�ed ofF the Lower Cove Loop at the tip of the peninsuia has been mentioned recentfy as well. This site was also part of the Inner Harbour Master Plan which illustrated a buifd out of primarily residential development with public green space and waterfront access. Both of these prime sites have been the subject of much public scrutiny through the process to prepare the Inner Harbour Master Plan. We therefore encourage the community to give the objectives of the Plan serious consideration as it relates to these or any sites within the Plan area. Sincerely, 135 REPORT TO COMMON COUNCIL �;� i � - - �, � ;�� M&C 2013 -47 � � � �� FORT 5 V ._��.��MJ March 26, 2013 The City of Saint John His Warship Mel Norton And Members of Common Council: Your Worship and Councillors: SUBJECT: Saint John Salvage Corps & Fire Police—Perspective Member BACKGROUND: By Law Number C 2, A Law Relating to the Salvage Corps and Fire Police of the Saint John Fire Department regulates the number of companies, districts and membership of the Salvage Corps and Fire Police. Currently, the Salvage Corp and Fire Police is comprised of one company led by Captain Harold Peddle. Through the Fire Chief, Captain Peddle is requesting a warrant of appointment be granted to prospective member, Heather King. The purpose of this report is to present Heather King as a prospective member of the Saint John Salvage Corps and Fire Police, Company# 1. RECOMMENDATION: Pursuant to By Law Number C 2,A Law Relating to the Salvage Corps and Fire Police of the Saint John Fire Department, it is recommended that the Mayor be authorized to grant a warrant of appointment to Heather King. Respectfully submitted, Kevin Clifford, BBA, C.F.O. Fire Chief J. Patrick Woods, C.G.A. City Manager 136 �. � � � �.'� �' U C � �� t � � � � U �� . .� �s �� ,� � - M&C2013-51 �" ` ��•�3!; c3,.` ,.�,,�"x �`� March 2Z,2013 '1'he�'tty�o�5aint]ohn His Worship Mayor Mei Narton and Members af Common Council Youz Worsh�ip and Members of Council: SUBJECT: Materials and Construction Testing, �nspection and Engi3neering Technical Services — Asphalt Concrete, Portland Cement Concrete, and Soils and Granular Materials Compaction for 2013 and 2014 BACKGROUND A Request for Proposal {RFP) was advertised fratn February 15, 2013 to March 7, 2013 to engage an Engineering fin�n to carry out the following services for the above noted praject: ♦ Asphalt Concrete Testing, Inspection, and Engineering Technical Services, ♦ Portland Cement Cancrete Field and Laboratory Testing, Inspection, and Engineering Technical Services; and t� Soils and Granular Materials Compaction, Testing, Inspection and Engineering Technical 5ervices. In each of these three area.s there are significantly different sen�ices required in providing for iz�spection az►d testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cem�nt con�rete requires a number of field tests as well as a physir.al stress test for which the City does not possess the equipment. Soils compactian testing involves both field and laboratory eval�tation for base/sub-base aggregate for road construction, retaining wall construction and at�er projects. PURPOSE The purpose af this report is to make a recommendation for materials testing and inspection services for asphalt concrete, Portland cement concrete a�nd soils compaction on various projects approved under the Operating Program,General Fund and i.Ttility Fund Capital progtatns. 137 M&C2013 -51 March 21, 2013 Page 2 ANAI.,YSIS With a comprehensive terms of reference dn.,-um,ent developed by staff, a pnblic call for proposals was made for consultwg engineering services. The Requ+est for Proposal {RTP) ciosed on March 7, 2b13 with respon�es received from the following six consulting engineeriug companies: ♦ GEMTEC Limited, �aint John,NB �' Brunswick Engineering and �`onsulting Inc., Saint John,NB • AMEC'Enviranrnen�t&Tnfrastructure, Saint John,NB + Stantec Consulting Ltd., Saix�t John,NB t Conquest Engincenng Ltd., Saint John,NB �� exp Services Inc., Saint John,NB A Re�=iew Gommittee cUnsisting of staff from Materials Management and Municipal Engineenng was formed to evaluate submissi�ns. Each member completed an independent review of the subaxiissions and a joint discusslon was held to develop the final ranki�ng of submissions. The Review Commitkee came to a conclusion on their recomrnen�iahon,which follows later in t1�e report. The evaluation process uses the expertise of a variety af staff from Purchasi.n�g and Engiineez-xng to ensuz�e a thorough review of tY�e vanous submissions. Care must be taken to ensure that the necessary level of effort and exgertise is being directed t�the vanous tasks invo�ved in�e u�ork, while still ensuring that c�sts to be �ncurred are appropriate and contro[lable. It is for these reasons that cost, although very xmportant, cannot be the sole nor mosl crihcal deciding fac#or in making the selechon of a consulting engxneering firm. Tl�e Coznnait�ee was tasked vvith the role of reviewi�ng each submission against the proposal evaluahon criteria as defined u� the praposal call daeuznent. These criteiia cons�sted of t�e following: 1. Quality and C.ompleteness — Does the proposal address all of the neetls raised? Is the proposal presented in an organized and professiona]xnanner? 2. C'onsultartt's Ex,�erience—Has the consul.tant demonstrated a level �f ekpertise with the requirements of this�ro�ect? �. Experience ofE►nployees/Sub-consultants—Has tlxe consultant demonstrated $level of expertase for the employees of the company and sub consultants listed? 4. Method4togy — Does the approach to tti.e p.r.o�ect outlmed in the proposal address, in a realisti� sense, attainable goals and is it in keeping with the City's expectations �or the project� 138 M&C2013-51 March ll,2U13 Page 3 5. Cost— Cust will be a factor, howevcr not the only factor to be c�nsidered. Is the price quoted in line with thc City's estirnate for the work and has it allowed for each aspect of the project to be adequately addressed? A$er careful, indepen�ent cansideratinn of presentation, compazry experience, personnel atid techn�ical proposal, the Review Committee met to analyze tY�e findings of each member. After cample#ion of the "technical" evaluat�on, the financial proposals were opcned and addressed. These had been submittet!in sepaiate, sealed envelopes. After due consideration, the Re�c+iew Cor.�amittee selected the submission of�ezntec Lunited as the best proposal based an an overall rating of the evaluation criteria - prese�tation, corn�+ax�y experience,personnel, techrucal proposal and cost. The submission from Gemtcc Limited met all of the requirements of the proposai ca11, in a manner acceptable to the et�mmittee, with a cost-effective bid for the project. Gemtec's �aroposal scored the highest overall, oFfenng the best overall solutivn for the City with the most comprehensive methodology aud approach, a project schedui� to m.eet project expectations and higt�ly exper�e�nced and qualified pro�ect team members While their propasal not only scored tlxe highest overall, their financia�proposal represents the lowest cost solution to thc City of Saint John. FINANCIAL IMPLI.�."ATIONS The pxoposed cost of work from Gemtec Limited to provide engineering design and eonstruction management servicea for tlus project is $544,802.36 incluaing HST, based upon es#irnated quartt�ties. This cost is L�ased on providi_ng the zequested services for a period of ta�o years ($23?,837.32 in 2013 and $266,9b5.04 in 2014}. Funds to cover the cost o£#hese services are included in the Operating Prograrn, General Fund and Utility Fund Capital Program Budgets. INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit pmposals from Engineering Consultants for the Materials and Constructi�n Testing, Inspection and Engineeri.ng Technical Sernces The committee `�vas tasked with the roIe of revzewuig each submission agauist the proposal evaluation criteria as defined in the proposal call docwnent In accordance with the Czty's policies and procedures, separate assessments of the techn�cal and financial aspects of the submissions were undertaken by the evaluatian�ommittee m.embers. 139 M&C2413-51 MaY-ch 21,2013 Page 4 The above procesa is in accordance vvith the City's Procurement Policy and Materials Management support the recammendation being put forth. PULYCY—ENGAGEMENT 4F ENGINEERING CONSULTANTS The costs incurred by the cansultant vv�ill be paid in accardance with the terms of the Request For Proposal at the rates submitted and accepied in the co�asuitants proposal nat to exceed the Recommended Minimum Hourly Rates as conta�neci in The Association of Consulting Engineering Companies—New Brunswick fee guideline. RECOMMENDATION It is recommended that the proposal from Gemtec LZm�ted for Materials and Construction Testing, Inspection and En�ineering Technical Services — Asphalt concrete, Portiand C�nent Concreie, and Sozls and Granular Materials Compaction for 2013 and 2014 in the amount of $504,8023�including HST be accepted and that the Mayor and Common Clerk be authorized to exe�ute the appropriate documentation m that zegard. Respectfiilly submFtted, /'+ n ae�,��_ �� `__ Jodi Stringer- ebb,P.Eng. Bnan Keenan,P.Eng. Mwnaicipal Engineer Engineering Manager � � � D ,,L1 �a( Wm. Edwards, P.Eng. J'. 'ck Woods,CGA Commissioner Ci anager Transpartahon&Environmerit 140 ...w.c��.�:W..�-�_ � L � � � L� � � �viJ .N�.� 'V � � ti.J � l`ti � � � ,�a s � � � � ` t�,.. F M&G20�3 - 53 - Tl,e��.ty at8�lnt john M�C�2�,2ai3 His Worship Mayor Mel Norton and Merabers of Common Council Your Woz�ship and Members af Cauncil: SUBJECT: Engineering Services: Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Starm Sewer Renewal and Road Recanstruction BACKGROUND At its February 25, 2Q13 meeting, Common Council authorized staff to conduct negotiations for the engagemezxt of exp Services Inc. to carry out conshuction management services for the reconsiruction of Loch Lornond Road from RusselI Street to Westznorland Road in canjunction with the One Mile Interchange praject being undertakeza by the Province. The project involves the renewal of tb�e municipal infrastructure on Loch Lomond Road from Russell Street to Westxnorland Road, Westmarland Road from I.och Lomond Road to Civic#20 arxd on Atlantic Avenue. Exp Services Inc. has previously been engaged (M&C 2009-2I8 and M&C 2011-199) to provide engineering design services and would be engaged to complete the following construction management searvices: • Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings; and • Constructxon Managem.ent. PURPOSE The purpose of this report is to rnalce recomanendations for the engagement of consulting engineering services for this project. 141 M &C2013 -53 March 26,2013 Page 2 ANALYSIS On February 28, 2D13 with a comprcher�sive and detailed scope of work document developed by staff, a proposal for consulhng engineering services was requested from eap Services Inc. In response to fihis request, e�cp�ervices Inc.sub�nnitted a pr4posal an March 8,2Q 13. A Review Comrnittee consisting of staff from Materials Management and Transportation & Envxronm�nt was formed to evaluate the submission. Each member completed an independent review of the submission and, sut►sequently, a R�view Committee meefiing was held to jointly discuss the information presented in the exp Services Inc. propasal. The price contained in the proposal was also evaluated by the C�mmittee. The seibmission from exp Serv�ices �c. met a11 of the requirements of t.tze request fox proposal in a manner acceptable to the Committee,with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost c►f the work for exp Services Inc. to provide construction manageraent servi�es is $219,442.88 including HST and is based on an eshmated 24 week eQnstruction management period. An amount af$91,664.46 includxng HST has previ�usly been approved for engznee�ring design services for the project, bringing the total cost for engineering design and construction management serv�ces ta $311,107.34 including HST. An amouut of $2,956,DU0 is included xn tbe aFproved budgets for desigu, construction management and construction. Engineering fees to cover the cost of design and construchon managez�ent generally do not exceed 12-17°io of Lhe total o��erall project cost, depending ox� the nature of the proj�ct and the eng�neering services required. This propased fee is approximately 10.5% of tl�e total overall estimated project cost. POLICY—ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagemen.t of Professional Cervices, C�mmon Council authoiized staff at the February 25, 2013 Council meeting to conduct negotianons �or the engagement of an engineenng consultant for this project. The costs incurred by the consultant will be paid 7n accardance with the ter�xxs of the Request For Proposal at the rates subaanztted ancl aecepted in the consultantc prop�sal not to e�:ceed the Recommended Minimum Hourty Rates as contained in The Association o�Consulting Engineering Companies— New Brunswick fee guidellne. The Cunstruction Management camponent of t}us project fee is based on an estimated construcbon penod. The final fee will be calculated based on the actua.� c.�nstruct�on manage�ment penod, 142 M & C2013 - 53 March 26, 2413 Page 3 RECOMMENDATION It is recommended that: a) the proposal from exp Services Inc. for eiagineering services (construction management) for Loch Lomond Road (RusseIl Street to Wes�norland Road) — Water and Sanitary Sewer Renewal and Road Reconstrucdon be accepted; b) the City Solicitor be directed ta prepare the necessary am,endments to the existin� Engineering Services: Loch Lomond Road {Russell Street to Westmorland Road) Water and Sanitary Sewer Main Renewal and Road Reconstruction Agreement for the addition of construction management services as outlined in this report; and c) the Mayor and Common Clerk be authorized to execute the appropriate documentation. Respecifully submitted, ,l.�i t9�� f�� 1-� �"�� Kevin O'Brien,P.Eng. Brian Keenan,P. Eng. Mwaicipal Engineer Engineezing Manager � � � ! �� Wm. Edwaurds,P. Eng. �atrick Woads,CGA � Commissioner, Manager Transportation &Environment 143 �. � � � �.'� �`� C� �.�� O� � � C � � � �4. �'a M&C2013 -54 � ��' � , . � March 26, 2013 �r�e c�cy�s�,c�ot� His Worship Mayor MeI Nerton and Members of Comznon Council Your Worship and Members of Council: SUB,TECT: Engineering Services: Dever Road- Lift Station "Y" Replacement & Sanitary Force Main Design BACKGROUND The approved 2013 Water & Sewer Utility Capital Program-Sanitary Renewal category includes two px-ojects, one for the renewal of Dever Raad Sanitary Lift Station "X", including design and construction management services and a second project for design services for the renewal of the force main from MRG "X" Station to the "Y" Station. Lift Station "Y" will be constructed during the 2013 construction season. The renewal of the force main between X- Station and Y- Station will take place during the 2014 construction season. A Request for Proposal (RFP) was advertised from February 21, 2013 to March 14, 2013 to engage an Erigineering firm to cany ou#t1�e following services for the above noted projects: ♦ Part A—Site Surveys,Preliminary Investigation and Data Collection ♦ Part B—Preliminary Design, Cost Estimates and Design Report � Part C—Detailed Design ♦ Part D—Tender Period Services, Materials T�sting & Inspection, Red Books and Record Drawings ♦ Part E--Construction Management PURPUSE Tl�e pwpose of this report is to make a recommendation for consulting engineering services for this project. 144 M&C2013-54 March�6,2013 Page 2 ANALYSIS With a camprehensive terms ef reference docume�at developed by staff, a public call for proposals was made for consultzr�g engineering services. Thc Request for Proposal (RFP) closed nn March 14, 2013 wrth responses received from the following nine consulting engineenng companies: �� GEMTEC L'united, Saint Ja�n,NB e CBCL Limited.,Saint John,NB ♦ Brunsvv�ck Engineenng&Cansulting Inc., Saint John,NB � Stantec Consulting Ltd., Saint Jahn,NB ♦ Crandall Engin�ering Ltd , Saant John,NB � exp Services Inc., Sa1nt Tohn,NB • Dillon Consultxng Limited, Saint John,NB • Hatch, Mott,MacDonald Ltd., Rothesay, NB • Genivaz Inc., Saint John,NR A Review Committee consisting of staff from Materials Managernent, Saint 7ahn W�ter and Municipal Engineering was formed to evaluate submissio�s. Each �taember cornpleted an independent review of the submissions ancl a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclasion on thexr rec:o�nmendation.,which fol7ows late�r in t�e report. The evaluation process uses the expertise of a vanety of staff frvm Purchasin.g, Enguaeering, and (�peratians to ensure a thorough revxew oFthe various snbmissions. Care must be taken to enc�re that the necessary level of et�ort and expertise is being directed to the�variaus tasks involved in the work, wlule still ensuring that costs to be in�urred are appropriate and controllable. It is for these reasons that cost, alt�ough very important, catv�ot be the sole no�r most critical deciding factor in making the selection af a co�suIting�ngi.neering firm. The Committee was tasketl with the role �f reviewing each submi�sion against the propasal evaluat�on cnteria as defined in the proposal call document. These critena eonsisted af the f�l�owing: 1. Quarity a►ed Completeness — Dn�s the proposal address aIl of#he needs raised? Is the pmposal presented in an organized and�rafessional manner? 2. Co�tsultanYs Experie�ce---Has the consultank demonstrated a level of expertise with the requirements of this pro�ect? 145 M&C2013 -5-� March 26, 2�13 Page 3 3. Experience of Emplayees/Suh-consultants—Has th�cvnsultant demonstrated a level of expertise for#he employees af the eorrtpany and sub c:c�nsultants list�d? 4. Methodology — Does the approach to the project dutlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the C1ty's e�cpectat�ons for the project? 5. G'alue Added — What addx#ional informatiun, technology, process or options has the consultant includeo�in his proposal? Is there value added to the consultant's response far this addstional info�nation? 6. Cost— Cost will be a factor, ho�t�vever not the only factor to be considered. Is the price quoted in Iine v��ith the City's estunate for the work and has it allowed for each aspect of the pro�ect to be adequately addressed? After carefixl, andependent consideratian of presentation, company experience, personnel and technical proposal, the Review Committee met to an.alyze t.he findings of each wember. After conapletion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed �nvelopes. After due consideration, the Rcvievv Committee selected the submission of CBCL Limited as the best proposal based on an �verall radng of the evaIuation criteria - presentation, company experience,persannel, technical propasal and cost. The submissian from CBCL Limited Tnet all of the requirements of the proposal call,in a manner acaeptabl�to t�ae com�rnittee,with a cost-effective bid for the pmje�t. CBCL Limited's proposal scored the highesi overall, offering th� best overall salution for tl�e City wifh the mosi comprehensive methodology and approach, a pro�ect schedule to meet project expectativns and highly experienced and qualified project team members. While the�r proposal n�t unly scored the highesf technically, their financial propasal represents the lowest cost solution t�the City of Saint John. FINANCIAL TMPLICATIONS The proposed cost af work from CB�L L'unrted to provide en.gineering dcsign and construct�on management serv�ces for the Dever Road -- Lift Stahon "Y" Replacement and Sanitary Force Main Design proje�t is $117,7�46 including HST. The design and canstruction uf Lift Station "Y" a�nd the des�gn of the Force M�in is incIuded in the 2013 Capitai Program while the construction of the saiutaty Farce Main is praposed und�r the 2Q14 Cap�tal Program. Staffwill only authonze the Cansultant to proceed with the work approved under the 2013 Capital Prograxt� ($73,902)for nor�r, v►�tb.the rem�nder of the engineering services work ($43,344} to be carried out after Council approval of the 2014 Capital Program. A total amou��t af $S�U,OOG is �ncluded in the 2Q13 Capital Program for design. construct�on and conshuction management for these two projects. 146 M&C2013 -54 Mazch 26,2013 Page 4 '�NPUT FROM�THER SQURCES: Materials Management facilitated the RFP process to solicit propasals from Engineering Consultants for the Dever Road—Lift Statzon"Y"Replacernent& Sanitary Force Main Design. The committee was tasked vv�th the role of revaewing each submission against the pro�sosal evaluation criteria as defined in the Erroposal call document. In accordance with the City's policies and proceditres, separate assessments of the technical and financiaJ aspects of the submissions were undertaken by the evalnation cornmittee membcrs. The above process is in accordance with the City's Procurernent Policy and Materials Management support the recamrriendation being put forth. POLICY—ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Reques#For Proposal at the rates submitted and ac�epted in the consultants proposaa not to exceed the Recammended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Constructian Management component is based on an estimated 4 week construction period for the Lift Statian "Y" Replacement and 7 week construction period for the Sanitary Force Main. The final fee will be calculated based on the actual construction tnaz�ageziaent period. RECOIVIMENDATION It is recommended that the proposal from CBCL Limited for engineering design and construction management services for the: Dever Road — Lift Station "Y" Replacement & Sanitary Force Ma.in Design project in the amount of$l 17,746 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documen#ation in that regard. Respectfully submitted, �r�� )3 �. '�;�,�„�~ Campbell,P.Eng. B�rian Keenan,P.Eng. 'cipal Engineer Engineering Manager � � � � . 4 � Wm. Edwards,P.Eng. �atrick Woods, CGA �� Commissioner �y Manager Transportation&Environment 147 �� i: � +� -. ' ',�j ��+ •./•��'�� T�e c�y oP 5aint)ohn oPEN sESS�oN March 25, 2013 His Worship Mayor Mel Nortvn and Members of Common Council SUBJECT: BORROWING RESOLUTION BACKGROl1ND: The Bank of Nova Scotia requires cer�ain resolution to be passed by Common Council to formalize the line of credit with the City. These resolutions were last updated by Common Council at its meeting of December 20`� 2010. At this time, there is a need to provide the bank with updated resolutions. ANALYSIS: The City has a $20,540,9Q0 iine of credit with the Bank of Nova Scotia. This amount represents $5,540,900 for gensral operating purposes and $15,000,000 for bridge #inancing on capital expenditures. The calculation of the line of credit for operating purposes is outfined in the Municipalities Act and is set at a maximum of 4% of the operating budget_ Based on the City's 2013 operating budget fihe maximum the City could borrow for operating purposes is $5,900,OQ0. It is proposed to seek approva! fram the bank ta set the operating line of credit at $5,900,000_ With respect to the bridge financi�g for capital expenditures, as a resulf of the magnitude of the City's capital programs, it is proposed to increase this credit to a levef of $25,0OO,OflO. It is unlikely that actual borrowings will reach these combined levels, but fher� is no harm in ha�ing the credit limits in piace as a precautionary measure. _r�l.�';`� ---— _ �:; r ;�:�i�I'T`'�t:)�-I�T �C.�vx�97 i Saint John,��r's Canada E2L q�.48 ��d�v.sain�j�hn,ca :..P�97'. 5aint John,N.-3,Canada E2L 4L'1 _,_� March 25, 2013 PAGE TWO RECOMMENDATIONS: It is recommended that for general operating purposes: 1_ That the Commissioner of Finance is hereby authorized to borrow, an behalf of the City of Saint John {the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time fi�e million nine hundred thousand dollars ($5,900,000) to meet current expenditures of the Corporation; 2. That any two of the Commissioner of Finance, Comptroller or Assisfiant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or no#es sealed with the corporate seai for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of #he current year not yet collected or where the estimates for the year have not 3�een adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total af any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance is hereby authorized and directecf to apply in payment of all sums borrowed from the Bank, with interest therean, all of the monies hereafter collected or recei�ed on account or realized in respect of the taxes levied for the current year and for any preceding years and alE af the monies collected or received from any other source. 5. That for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures ta a maximum of$2S,Q00,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 149 March 25, 2013 PAGE THREE RECOMMENDATIONS (CONT'D.) 6. Tl�at any two of the Commissioner of Finance, Comptrolfer or Assistant Comptroller are hereby authorized to sign on behalf of the Cor�oration and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed wifh interest at such rate as the Bank may from time to time determine, and 7 That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corpora#ion and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Banic pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Respectfully submitte egory eo ans, CGA, MBA Commi on of Finance 150 � t �.• � ��n .�li '� �' `�� IC�OF SS�Iit�O�lil OPEN SESSl4N March 25, 2013 His Worship Mayor Mel No�ton And Members of Common Council Your Worship and Councillors: SUBJECT: 2013 DEBENTURE ISSUE BACKGROUND: The New Brunswick Municipaf 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 providec! ranges within which the issue could be sold_ These are as follows: Interest Rate: Not to exceec! an average of 4.50% Price, Net: Not to be less than $98.Q0 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, 20 years for the Water & Sewerage Utility and 25 years for the Saint John Parking Commission. Notice of motion was given at the February 25th 2013 meeting of Common Council regarding the need to borrow $30,30Q,000. In order to proceed with the debenture financing it is now recommended that the following be adopted. ,�� _ �, ��I�T J+��N f?��x�971 5a9r�t�oh�,, h�� rr�� F,��4�� va��mas�ir�tjohn.t.a C.�?i��" Saint lohn,N,-B,�anada �3��1 Page 2 RECOIVIMENDATION: Whereas occasion har►ing arisen in the public interest for the following public civic worics and needed ci�ic impro�ements, that is to say: GENERALFUND General Go�ernment � 5oa,000 Protective Services $ 6,30p,Q00 Transportation Services $ 2,000,000 Economic Development $ 1,000,000 Parks and Recreatian $ �ao.oao $ 10,300,aao WATER & SEWERAGE UTI�ITY Water Sysfem $ 500,Q00 Sewer System $ 10 5D0,000 $ 11,000,000 SAINT JOHN PARKlNG COMMISSION $ s.aao.oao TOTAL. � 3a sao,oaa 152 Page 3 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$30,300,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Fina�ce Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $30,3Q0,000 at such terms and conditions as are recommended by the Corporation. 3. And fur�her that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from #ime to time accept, in payment of principa! 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 deben#ures 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 #he issue related to the General Fund, not to exceed 2Q years for the Water & Sewerage Utili#y, and not to exceed 25 years for the Saint John Parking Commission. 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. 6. And further that th� City Solicitor's office prepare all necessary documentation regarding the borrowing of $9,Q00,000 for the Saint John Parking Commission. Respectfully submi rego . omans, CGA, MBA Commi s� ner of Finance 153 ��?i�`� �i � C:�I�'��[�' C��C��_, L � M&C—2013-SO �. , ` ��4. �.L � 25 March,2013 � His Worship Mel Norton And Members of Common Council Your Wvrship and Councillors: SUBJEGT: Tender for Asphaltic Concrete Mixes BACKGRQUND: Each year the City of Saint John calis a tender for the establishment of a supply agreement for the provision of asphaltic concrete znixes to establish a guaranteed source of supply. This product is e�mployed by Transportation and Environment Services for a variety of tasks, including asphalt restoration of wateT cuts,roadway and sidewalk repairs and miscellaneous maintenance projects_ �n 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Perfonmance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint Jahn also adopted this approach for contract pricing in 2009 and have continued to use this approach thereafter. The following is a brief overview of the price index formula created by the Ontario Minishy of Transportation and subsequently included in the tender call docurnents. �9T0 Performance Graded Asph�l�Cement Price index: A payment adjustment for the change in pnice between the time the tender opening for the contract and the time of order of the asphalt concrete will apply ta tlze quantity of asphalt cement/binder arid wilI be calculated as follows if the price index between the two (2)months differs by more than 5% 154 Tender for Asphaltic Concxete Mia�es March Z5,20I3 Report to Common Coancil,M&C 2013-50 1'age 2 BACiCGR�UND CONT'D: MTO Performance Graded Asphalt Cement Price Index Cont'd: PA = Payment adjusfiment for asphalt cement/ binder in doUars T = PG asphalt cement/binder price index for the month of tender opening P = PG asphalt cement/binder price index for the month of paving Q = Quantity of asphalt cement/binder in tonnes When P > 1.05 T, the Contractor receives additionai payment as follows: PA = (P - 1.05'� xQ When P < 0.95 T, the Owner r�ceives a credit as follows: PA = (0.95T— P) x Q ANALYSIS: There are traditionaily three seasons for asphalt, the nornaal construction season when production is high and product is readily availahle and tlae pre and past construchon seasons when production is Iow and higher costs are incunred to produce the product. Bidders are asked to quote a price for the pre-season, another price for the construction season and a third price�or the post season. �NPUT FROM OTHER SOURCES— I►�ATERIALS NrANAGEMENT: A public tender call was issued on Wednesday, February 20, 2013 and closed on Wednesday, March 13, 2013. Two companies responded to the tender call by snbmitt�img bids. The results are as follows {excluding HST�: Debl Ente rises Ltd NRB Construction Ltd. Description Pre- Construction Post- Pre- Construction Post- Season Season Season Seasan Season Season � SUPERPAVE $63.70 $56.64 $fi3.i� $75.00 $fi3.OQ $75.00 9.5mm Per Tonne 2 SUPERPAVE $7�g� $�3.72 $70.80 $$O.UO $70.00 $80.00 9.5mm Per Tonne 3 SUPERPAVE $74_34 $6726 $74.34 $85.Od 4.75mm Per Tonne $70.00 $85.OQ *E,irdu�+e of HST Staff of Materials Management have reviewed the tenders and have found thezn to be complete and formal in every regard. Staff believes that the low tenderer has 155 Tender for Asphaltic Concrete Mixes March 25,2013 Report to Common Counc�l,M&C 2013-50 Page 3 the necessary resources and expertise to perform the wozk, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put farth. ��NAi�CIAL IMAL�CATIONS: The total estitnated cost of this s�pply agreernent, �or the 2013 season, and using estiznated quantities based on the estimated usage and if awarded as recommended, will be approximately $518,133.00 plus HST. It is understood that this is not a fixxn., fixed cost, as quantities are based on previous year's estimates that aze subject to change given available funding and as a result of the incorporation of the MT4 Price Tndex. Thas is a planned expenditure and as such, fun�s to cover the cost are included in both the 2Q13 �peraiing and Capital Budgets, RECOMMEr'11DATIOR�: Tt is recammended that the tende�r for the supply of asphaZtic cancrete mixes be awa�rded to Debly Enterprises Ltd., for the supply of all items required for aiI three 2013 asphalt seasons, the entire period being approximately Aprit 15th through Dec 14�'. Respectfully submitted, r � �'�-'' � , . Kevin Rice,B.Sc.,CET m. Edwards,P. Eng. � Deputy Cammissioner Commissioner Transpartation and Environtnent Services Transportation and Environment Services �� ,� � � J.�atrick Woods,CGA Ci Manager 156 � � � Ll �� 1J �� `�J1V � �� L!► iL. � .� , M &C2013 -45 � —��G� .�. a � March 15,2013 �, `�� r , � �. His Worship Mayor Mel Norton and Members of Comrnon Council -me�r.of�t�,�� Your Worship and Members of Council: SUBJECT: Westgate Park Drainage Basin BACKGROUND On August 4�', 2Q09, Common Council requested a report ouYlining possible solutions and costs associated with resolving stoz�nn drainage concerns in Westgate Park. The request was sparked by various issues that have arisen an this subdivision over the years and the impacts of ongoing development. CBCL Limited was engaged to carry ovt an engineering study of the drainage basin and systems serving the subdivision. The goals of the drainage basin study were: • To dete�rmine the adequacy of the existing stor�m sewer and drainage systems for the current level of development as well as for a fizliy developetl drainage basin. ■ To investigate drainage conc�rns, evaluate those and rnake recammendations. ■ To identify locations where pipes, structures, or open drainage systems are inadequate or poorly configured, and where improvements can be made. On October 12,2010 (M&C 2010-254), staffreported back to Council outlini�zg the findings o£the CBCL engineering sYudy and provided recomme;ndatians for Council's consideration. ANALYSIS At its February 4, 20�3 nneetang, Common Council resolved that a motion by Councillor Farren {"That Comznon Council use�he money saved that staff identified from the piping system under the Reversing Falls Bridge to address and fix the flooding in Westgate Park.") be referred to the City Manage�r for a re}�ort back to Council. T'he znotion was expanded by Council sa that the staff report include informatian on any Section 39 conditions with which the Westgate Park Development has not completed. The surplus funding identified at the time of award of Contract 2013-3: Reversing Falls Bridge Watear Main Rehabilitation is under the Water & Sewerage Utility Fund — Safe, Clean Drinking Water cafiegory and would not be transferable to the General Fund—Storm Sewer category, 157 M&C2013 -45 March 15, 2413 Page 2 Staff have searched far the cxistet�ce of any Section 39 c�nalitions for the Westgate Park Development that relatc ta St��Drainage ar�d none were found. The ^013 General Fund Capital Budget— Storm Category includes substant�al funding to continue with vvork in the Brentwood, Beach CrescentlMeadowbank and Sher°brooke/HoneySUCkle drainage basins to alle�iate flooding_ Staff resources are ccymrnitted to approved pro�ects wrthin these drainage basins. The first phase af work recommended in the CBCL Engineering; Study for the Westgate Par1c Drainage Basin is for the constzvct�on of stortx� channel modificahons downstream of Downsview Drive. Property acquisition is requized befare tliis praject can proceed. Stafif can monrtor the Genera.l Fund Capital Progasn and should su�plus funding be identified irom a tendered project � 2013 then a recommendation could be brought forward to Council for approval ta proce�d with property acquisit�on in 2013. RECUMMENDATIQN It is ie�.:ommended#hat staffmonitor the Genezal Fund Capital Program and should surplus funding be ident�fied from a tendered project in 2013, that staff report the surplus to Council along w�th a reques# to proceed with prope�ty acqniszhon for tlie Westgate Park Drainage Basin Channel Modifications project. Respectfulty submitted, � � � I ��-�-- Brian Keenan,P. Eng. Engineering Manager �� .� f � �� ... ..�.-�� Wm_ �dvvards,P Eng. �,��atrick Woods,CGA ��' � Commissioner �'y M�gg� Transportataon and Envirozzrnent Services 158 �. � �� . �. ,-� M & C2013 -44 ' r�h`�� March 14, 2013 'i'he cuy aFSaunt}ahn His Worship Mayor Mel Norton and Memhers af Corr�anon Council Your Worslaip and Members of CounciI; SUBJECT: SIDEWALK EXTENSION QN L�CH LOMOND ROAD (#27�t5 TO HILLCREST R�AD) BACKGROUND �n February 4, 2Q13, Common Conncil requested that staff investigate completing a sidewalk extension on Loch Lomond Road from Civic#2745 to Hillcrest Road, an appraximate length of 3,000 metres. ANALYSIS StafFi have investigated the section of Loch Lomond Road from Civic #2745 to Hillcrest Road and reviewed the Municipal Plan{P1anSJ) as it relates to this proposed project. Staff have prepared a budget estimate to design and construcfi 3,000 lineal metres af curb and sidewalk, including a new storm sewer and backfilling of existing ditch on the sidewalk side and landscaping. The budget estimate is $3,000,000. The Municipal Plan makes a lcey distinction between rural areas of the City and urban areas of the City, and strate$ically focuses both private and pubIic investment decisions inside the urban area of the City, described as the Prirnary Development Area. (�DA). This zs because the underlying goal of the Municipal Plan is to increase popu�atifln density in the urbanized area of the City, as more residential and employment density will support the development of the critica[ rnass necessary to support enhanced alternative modes of transportation, including public transit and active transportation. 159 M&C2013 -44 March 14,2013 Page 2 The 3 kilometre section of sidewalk along L,och Lomond Road begins approxirn�ately 2.7 kilometres outside of the Primary Develop�ent .Area, in an area designated Rural Residential. Thxs designatian applies to lands which accornmodate e�isting or approved lqw-density resid�r►tial developnnent that is not located witlain a Rura1 Settlement Area, and is unserviced. The Municipal Plan seeks to curtail this form of development in the fixture hy linniting further subdivision of lots for tlais purpo�e. The approxirnately 3 kilometre stretch along Loch Lomond Road subject to this inqu2ry, fal]s outside of these a.reas ar�d thus, an investment in sidewalk in this area at this time is not currently supported by P1anSJ or recommended by staff. Should Council wish to include this pro�osed sidewalk extension as a future project to be considered in canjunchon with priority General Fund Capital Program pr�jects, then Council would need to provide that direction td staff. RECOMMENDATIDN It is recommended that this report be recr:ived and filed. Re,spectfully sabmitted, �� .�� Brian Keenan,P. Eng. Engineering Manager Transportation an�Environment Services f� � ./ � !-� �.r-.r,,-r-ti-� � ..1,�� , Wm. Edwards, P. Eng. �' atrick Woods, CGA �'' Comm�issione�-, C.�y1V��nager 7ransportation at�d Environment Serviees 160 �. � � � �� V � 1✓ .LYI.�CV�. � �� V � �.V � � � ��M&C2013 -52 �. ,�. � March 25,2013 �� . .�., - ,� His Worship Mayor Mel Norton The��t}=of Salnt�ahn and Members of Common Council Your Worsl�ip and Members of Council: SUBJECT: Engineering Inspection Services 2013 SACKGRUUND Common Council has approved the 2013 Water & Sewerage Utility Fund Capital Program consisting of 28 projects totaling $20,665,aoa and the 2013 General Fund {Storm & Transportanon)Capital Progratn consisting of 16 projects totaling$8,595,000. A pozt�io� a£the projects in the 2013 Capital Programs are being designed "in-house" and wiIl require engineering inspection services during construct�on. There will be a requirement to provide engineering inspection for approximately 10 "in-house" designed projects during the 2013 construction season. ANALYSIS In order to ensure �that adequate ezAgineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Rec�aest for Proposal (RFP} for en�ineering inspection services. The RFP was issued to nine lacal consulting firms that ha�e the appropriate resources on staff capable of providing engineering inspection services on municipal typeprojects. Seven firms have subnnitted proposals in response to the RFP, providing resum�s for inspection resources including hourly rates. The seven firms that replied were: � Brunswick Engineezing&Consulting Inc. • CBCL Limited • Dillon Consulting Limited � exp Services bac. + GEMTEC Limited • GENNAR Tnc. • Stantec Consulting Ltd. No single fixm has the resources in place to provide all the requized engineering inspection services. The hourly rates subrrxitted by the cansultants with their proposals were similaz so staff 161 M&G2013-52 March 25,2013 Page 2 averaged the rates and established one huurly rate for each of the three levels of inspectors — Junior, Interrnediate and Senior—as follows: Junior Inspector - $69 Intermediate�nspector - $79 Senior Tnspector - $87 The hourly rates include all rniscellaneous ex�enses icar, cellulax tel�phone, digital carnera, etc.) and do not include H.S.T. All seren engineering firrns have confirmed they are in agreement with the above rates. The City wtll determme the appropriate Ievel of inspector required far a given project and thcn request the engineering inspection�ervices fram the seven consulting f�rms on a rotational basis. FINANCIAL IMPLICATIONS T'he total overall co�t for engineering inspection 5er�ices for 2013 is di�fic;ult to predict as there are a number of variables; mast sigmficant of which is how many can#xactoz�s and the number of canstruct�on crews #hat will be working at a given time period. Staff has estimated the overa.11 value of the engineering inspection se�rvices for 2013 to be approximately $300,000 plus 13% H.S.T. Funas to cover the cost of the engineering inspect�on serv�ee are included in the appzoved 2013 Capital Program project budgets. INPUT FROM �THER SUURCES The Request for Proposal docurnent and this report have been reviewed witix the Ciiy's Purchasing Department. RECOMMENDATION It is rewmmended that Common Counczl authorize staff to establish supply agreements with t�te seven consulting firms noted above, at the hourly rates provided m this report totaling $300,OQ0 plus HST for the provision �f engineering inspect�on services for 2013 Caprtal Progratn pYO�ects. Respectfully itted, �� ,_� .� � � ��.- / � �.�,-Y..�--� '� Susan Steven-Power,P.Eng. Brian I�eenata,P.Eng_ Mu�nucipal Engineer Engineer�ng Manager � , �� -�� R Wm Edwards,P Eng �I.�atrick Woods,CGA �-�� C�mmissioner ��y Manager Transportation&Environment 162 � .�`�a�r_�r� l �� ,'��.�'��l"l�i�'�T �.�'��:��'��ta.1 � �, :. M&C-2013-49 � March 22, 2013 Clty of Saint John His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Pubiic Hearing Date 60 Church Avenue BACKGRQTTND: As provided in Common Council's resolution of August 3, 2004,this report indicates the rezoning and Section 39 amendment applications receivcd and recommends an appropriate public hearing date. Details of the applications are avai�able in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applicaiion has been received. Name of Location Elcisting Proposed iteason AAplicant Zone Zone Kevin A. 60 Church Avenue "IL-1" "RM-1" To pernut a Cosgrove and six unit apart- Danny R.Bailey ment building RECOMMENDATION: That Common Council schedule the public hcaring for the rezoning application of Kevin A. Cosgove and Danny R. Bailey{60 Church Avenuc) for Monday, April 29, 2013 at 7:00 p.m. in the Council Chamber, and refer the application to thc Planning Aavisory Committee for a report and recommendation. Respectfully submitted, � �� Amy Poffenroth J trick Woods, CGA Acting Commissioner City Manager 163 ,��!`��,-_'�A T� r�� \� � �. ;V �°.� ��bS :;,,�Jl�" �_�� ... March 25, 2013 Mayor and Council of t11c City o£Saint John CitS- of Saint John, NB S�floor City Hall Saint john, NB To City of Sailzt John Mayor and. Council Piease accept the attached petition from 1075 citizens from aII parts of the city and surrounding areas wha are concerned that the City of Saint John may soon choose to turn over not only the design and construction of our new water treatment facilit��, but also the running of it for thc next 20 to 30 years to a consortium of private companies with a P3 (public-privatc-partnership) confract. This contract may also include �vater pipes and pumps and cou.Id cost as much as $220 million or z�orc. We urge you not to rush into a bad P3 contract that we will regret for the next 2Q to 30 years. We opposc any deal that would give private interests controi of our publ'rc �vatcr. Tllank you, Paula "I'ippett On behalf of Coinmon Causes 164 :� t� ��' � :I:;"�' 1 �� c: i� ��. !�� .''�J �. �� ' �'� �. � ��. ,�.-s�� •� M&C2013-55 .��, '- ��";��,., '�.A: J _{-. Pt.: ft'j1- 4� Y 1 !7��i'�'�.1.` �.! March 27, 2013 %'�Tv ''�"' -"�;�� } u��.;!�l.(' � . }•'�, �:_�y�,-`i�,�J His Worship Mel Norton - •? � And Members of Common Council ``'' Th�e Ciiy of'Saint ki�ta Your Worship and Councillors: i�T ]�CT Saint John City Market- Lease of Space Stalf "No. 5" BACKGROUND On September 13,2010 Common Council resolved to enter into a lease with Corcana Emporium Inc. for the lease of Stall "No.S" in the City Market.Corcana Emporium Inc. has and continues to operate a Hodo Cookie and Chocolate Shop on the premises. On January 29, 2013 Corcana Emporium Inc_ approached the City of Saint John with the intentions of selling their assets to Childs Foods Inc. and requested a release from their current lease. This request of release was to enable the purchasing candidate, Childs Foods Inc.,the opportunity to negotiate a new lease speci#ically relating to rental structure, length of lease and use of leased premises. Childs Foods lnc., doing business as Li'I Gelato &Sweet Shop, hopes to lease approximately five hundred twelve square feet(512 ft2) of leasahle area in the Saint John City Market,47 Charlotte Street,Saint John, New Brunswick,and described as stall "No. S".Childs Food Inc. intends to operate continuousiy, actively and diligently for the sole purpose of selling Gelato and sweets,offering traditional Italian deserts and sweets with specific cavenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate and will maintain similar utilization of the space in relation to the previous occupant, however allows for a wider and less prohibitive product ofFering. ANALYSIS Child's Foods Inc. has displayed and appears cognizant of the protocols which govern the City Market and tenants. Additionally,Child's Foods Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City af Saint John. FINAIVCIAL COIVSIDERATIONS The praposed Lease (attached} is highlighted by a term of five years with rent that ranges from $32.a0 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 one month of fixturing and a two (2) 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.There is no Landlord's base building work required prior to the tenant entering the space and the tenant hopes to be open for May 1st, 2013.TF�e lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. � 165 ! Report to Common Counci� page Z flf 2 Saint John City Market- Lease of Space Stall"No. 5" NPUT FROM OTHER SOURCES Staff of the City Market, Facility Management Department, Legai Department,and the Finance Department have all reviewed and contributed to this report. RECOMMENDATION Your City Manager recommends: 1} Approve the release of space for stall "No. 5" in the City Market with Corcana Emporium Inc. under the terms and conditions as set out in the Letter of Release submitted with MC2013-55, and further; 2) Apprave the lease of space for stall "No. 5" in the City Market with Childs Foods Inc. under the terms and conditions as set out in the Lease submitted with MC2013-55, and further; and 3) That the Mayor and Common Clerk be authorized to execute the lease. Respectfully su mitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Manag -rn nt Gr ory1_ ma , CGA, MBA C miss' er, F'nance and Administrative Services � � � �� P ck Woods, CGA City Manager 166 This Indenture made this ��., day of �; 2013. BY AND BETWEEN: Carcana Emporium Inc., having its registered affice at 17 Broadway Street, Rothesay, New Brunswick, E2H 1B3, a corporation under the laws af the Province of New Brunswick, the"Lessee" OF THE ONE PART - and The City of Saint John, having its head office at 15 Market Square, Saint 7ahn, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereina$er called ths "Lessor„ OF THE SECOND PART WHEREAS by a F�orrn Aly Lease dated September 17, 2010, the demise of Stall 5 {approximately 333 square feet) in the City Market, 47 Charlotte Street, Saint Jahn,New Brunswick,became vested in the Lessee; a.nd WHEREAS the Lessee has agt�eed to surrender Stall 5 to the Lessor in order that its estate,term and interest therein may be merged and extinguish.ed; NOW THEREFORE THIS INDENTURE WITNESSETH that in cvnsideration of the sum of One Dollar (�1.00) of lawful znoney of Canada paid by the Lessor to the I,essee, the receipt and sufficiency whereaf is hereby ack�aowledged, the Lessee hereby assigns and surrenders to the L,eSSD�� its successars and assigns, Stall 5 to the intent that the unexpi�ed residue o£ the demised term may merge and be extinguished, and the said Lessee for itself, it successors and assigns, hereby covez�ants with the Lessor, its successors and assigns, that it has good nght, full power and absolute authority to assign and surrender Stall 5 in the manner aforesaid and that it has not, at any tirne, done or executed any act, deed, matter or tlung wlaereby the unexpired residue of the term is, shall or may in any wise be charged or encumlaered. IN WITNESS WHEREOF the parties k�ave executed ihis surrender as of t�a day and year hereinbefore first written. SIGNED, SEALED &DELTVERED) �orcana Emporinm�nc. In.the presence of: } } } } ) ) P er: �'° t ' ) � � ) 167 [2] } The City of Saint John ) ) ) ) ) . ) Mayor — ) ) ) } ) Comrnan Clerk } } Cammon Council Resolution: ) ,2013 168 a'�'orm Ai9 LEAS� SYandax�Fotsta of Con►+�yances Ar:t,S.N.B. i980,c.5-12,s.2 The partiea to this lease are: The City of Saint John, hffving its City Hall at 15 Market Syuare, Samt John, New Bcunswick, a body carpoiste by Royal Chaxtet, coz�£umed and amended by Acts of the Legislative�issembly of the Province of New Bnu�swicl�the"I,essor" -aad— Chilcl� Foods Limited, haviag its registered nffice at 1216 Sand Cove Road, Saint 7o�hn, New Brunswick,E2M N8,a�uly incorporated company doing busineas undcr tho registered �rusiness nsme"Li'I Gelib&Sweet Shap",the"Lessee" The "Rul�s and Regulations" attach�hereto as Schedule "D"and the Fo�m at�ked hec�ta as Schednle"D-1"form part of this Lease. The Lessor leases ta the Lessee the premises described in Schedule "A" attached her�bo on the following conditions: Durs�ion: 5 yeais Date of Commencement: April l,2013 Date of Terminatiom: March 31,2U 1 S Payment Datea: First day of each and ewery mo�h during the term hereof Flace of Paymart; Cashier's Office City Hall Saint Jvhn,NB This lease contains the coven�ants and conditions which are attached aad set out in Schedeilc ii/�77. ti DATED � 2013. SIGNED, SEAL.ED�DELIVERED 3 TH�G�i.�'Y UF SAINT JOHN In the preseace o� ) } ) ) ) ��y�r ) ) ) ) Assistant C4mmon Clerk ) ) Comman Cnut►cil R�oluti�n: ) .,�..�. -�.��. �2�1�. ) -- ) ) CH�.,DS�'CODS LIlNI.TED ) } ) Per: . � � � •�; .: ) ) 169 1 sa�nu� `�' �s� � �� wir�oow �u�ss . . � � I �TflRAGE�� E%ISTING ` � I � WAL� WALL � STALl. N0. 5 � I � � � . � : ~ � j' STAIRWELL . � M N i I : C.G. COLU�4N a� S � BUILDI�VG CO��ION �� . ��A 'y*-1 Q�. L � �EASE �„�....L!�!E� ��1 1 N ` ETAlL GRQUND FLOOR (L�AS�AB AREA��.f,) .t SCAL.E: 1/4"=1'--0" 170 SC7��ULE�_ �y� �o,�,z . � . � � ' 9�_4,� . � � ' - � . C1 q • I . . , .� , � •- 5'-0" � • ��-�L�ASE �. � L�N� � • : . , ., �_. . . � . �;• <,. :;�P ., . . . c,t, COI,�MN G�4auraA F�waR ��AE�z9n�r,�� A�EA �?9 s.�'.� � 171 L'�A3E��ST��ACE CTI'Y��tIfi'� ��glS F()U�S��T +�/�i.�'L GELA'�i O F� SW�,�T S�OP SCHEDUY..�"�" ARTICI.E I DFF.4`TIZTONS lA1 DeHnitYons In this lasae: a} "Additional lient'` means all and any monies requu�cl ta ba �aid by tbe Lessee to ti�e I.essor x�nder or gw�suant#o t�e terms of t.�is Leasc,save only£or fiun�e Ren� b} "Archite�' shall meaa the erchitect from time tc� time n�ned by the Lessor ar at tbe optiam of t�e I.e�sor, the I,es�or's general contractor. Any cakificate pmvided by the Architect and called €or by th�c berrns of�ds I.ease ahall be fmal and binding an the parhies herato; c) "Commeacemerd Daba" means a date determined in accorciance with tbe provisioas of Section 2,D3; d) "Comman Areas" means those areas, fac�ities,utilities, irnFrov�ementa, aluip�nent ead inatallations in the City Market which from time to time arm aot dcsignaf�d or inte�ded by the I.essor to be leased to tenants of the City Matket,aud thoae a�eae,fscdliaes,utilities, itaproveaa�,aluipment and in�tallatioas which serva or are for t�e banefit o#'8�e City Markat whetbcr or nnt lncated in, adjaceat to or ne�r the City Market and whioh are de�ignaroed from tiase to time by the Lessor es psrt of t�e Commoa Areas. Wifhout limiting tkee generelity of#i�e fnregoing, Common Areas inchxd�es all parlaa8 �ess, all e�ances aad cxifs theref� aud all structuraJ.elexnants thcreo�access roads,track ctntrta, drivervays, truckwaye, delivCty pessages, the rao� exteriar weaother wal.ls, exteriaa and interior structural elcm�nts and bearmg walla ia tk�e buildimg �d improvematrts �P�� Y Market, pacl�ge �►ick u� atations, loading and ralated areas, pedeatrisa stairwaYs,�amps,elactrical.telepb,aae,meter,valve, m��anical,mai!stoaage seavice and jenitor rooms and gallesies, fire pnwemtione, security and ca�mmunication systems, colwmas, Pipes� electrical, plumbia�� d�iaege, anY cea�tral syst,�m for the provisia�of heating,veatifati�g ar air cos�diuoaing to leaseable prem�eea or aay ea�clvsed Common Aieas aad sll other iastall�tinas, eq+iiPment or services locafied theTein or relsted th�ereto as well as the strwcburea ho�iag installations,inciuciing but n�ot limibed to all opea mid enclo�ed malls, c:aufis and arcades, gublio scating and aesvice �eas, ooaido�s, furnitu�e, first aid �dlor infiornaation st�tions, auditoriia, co�ce rooma, �arseries, emlci�are play areas �d related kitc� aud storage fecilities� escxtlatozs, ele�vators,public wasbrooms,mus�ic sy�tems and auy atrium seating/fioo�d court; a) "C.P.F"means the Consurner Price Index(All Itest�s)For Caaada(or aay index publishod in subsHtution�or th�Cansumes Price Index or any ofher replacement mdex r�asonably de�igasted by the I�essor, if it is no longer publish�publishod by Siatistics Canada(or by any successor tb�eaeof ar any other gavercam�tal. ag�cy, including a prnva►aial �Y): fl "Atrium Se�ting/Food Court"means those portioas af the Common Ar�eas desi,gmated bY the I,es�r from tima to tima for use in suppod of the operstinms of any group of prem�sea P:'oviding qaick food service to customers a£the Gity Merlaat and includes, withaut limititig the genatality of the foregaing,public table and seating aseas,waste collectian facilities aad ot�er areas,facilities and equipment�for such nse; g) "HST" means hasmonize�l sa.les taxes� value-added taues, multi-ata,ge T�7[C�, busine9s traasfer taxes ar other similar taxes ho�vever th�y are oharact�rized aad aay ta�tes in lieu th�eo� h) °`Ha�ous Substances" meana ax�y contaminant, pallutgn� dangetaus substatsce, paroentially den�eroua substance, no�iaus subaU�aca, toxic substance, ba�rdous wa,abe, flarnmable� m�plosive or rddioacti�e matazial, u�+aa fvrmaldehydo foans iasttla�ioza, asbestos, FCB's or any ather substances or mate�ials that are declared a�deSue,ed to b� �aZardaus, toxic, contem�inants ar palhitants in or pnrsuant ta aay applicablt federal, pro�vincisl or muaicipal atabut�,by-law or regulation; 172 Lea�e f«stau space—City Mm�t Qtiids Foode LimitodlI.i']Gelato&Swed Slsop Sched+�le"C^ _p�2_ i) "Lessor"includea the Lessor and its successors ar�ci assigns; j) "Lease" meaas ihis in�dent�ae of lease and includes an}+riders and schedules hareto aad shall alsQ includt eny agreemeQts e�ered inta which ba�e the effect of amend'mg this indenhue fr+nm time to time; k} "Leasei�Premises~ means tha pz�eanises leased ta tha�.essee as refen�ed to and desctlbed in Section 2.01 hereo£ Save as mentioned beiow,t?ae boundaries of the Leased Pre�ises shall extend from tb�e top surface of tbe structttral subfloor to the bottom sw�'ac�of tlse strnatur�l ceiliag. If the Leaee�d Prenaises bave no ceiling abuttiug ihe demisiAg walls,but rathcr are open to the c�ilsng of tha City Market building,tiie bouadaries of the T..�sed Premises cxbend from the bop surface of the s�uct►ual subfloor bo the haight of the demiaing walls; I� "L,ease Yoa�' shall mean a period of time commencing on Aprll i" snd ending on M�trch 31'�of the following yeax; m} "Gmse Re�at" rneens the anaual Cross Rent payable by the I,essee pur�suent to Section -- 3.01; n) "Operating Costs" means tl�e tai�l cost an� e�cpease incuned fn awming, op�atibg, m�; ;�,�, mauaging and a�aninistming the GYty Market ead tha Common Area�, spacifically ineludiag without limiti�g th�e geaerality of the fot+a8oing, aaY capital or place of vwne�ship tax�levied agaiast th�e Lessor ar any owne�s af the City Mark�t on acconnt of their inbere,st in the City Msrket,in au au�ount eqnitably ellocated to th�a City M'arieet by the I.asaor, gardening and Ian�CaPir�B charges; the cost aad expensea of taking out t#�e inaurance descn'l�ad in Section 9A3; cleaaing,anow temnval,gae�ge and waste colle�tion aad dispoeal; lightiag, electricity, public utilities,loud spealcars,public address and muaical bro�dcasting sysbcros aad eay telcphone suswering scrvice nsed iu or serving the City �t, e�nd thc cost of electricity an� � for any sigus desi�ated by t�.e L�esaor as part af the Common Areas;policing, secwity, sup�visian �md tssffic conrivl;salaries and benefits of all supervisory aad othar peceoaa�l enmplayad ia coanxtina with the City Market aud msnagemeat office r�ent impvtes�to the City Market by the I�asar, acting reasonably; Manegement Fee, the cost of Pm�riding additional parldng or other Comuion Areas for the benefit of the Ciiy Market, whet�er such costs be Taxes or�ther type of costs;the costs and expenses of eim�irvamental eits reviews and inves�tigafiions, removel and/ar cleau-u� of�ia�dous Substaaces fiom the Common Areas; the caat of the rental of eay aquipment and sig�ns and the costs of supplias used in the mai�enaace aad operation af tho City Market anci tho Comn�on A:eas;accoanting and audit fe,es incurred in Que preparation of the s�ents�iited to be pregared and supplied by tha Lessor nnder che terms of this L�ease;beating,�eatifating m�d air conditioning of the Cammon Areas; all re�airs and replecements to emd maintenanx and operation of khe City Market ead the Cammon Areas; d�recietinn ar am�ortizatian of the costs, including repair aad replacemeirt, of all maint�+nance aad �leanin8 etNq�ment,mavtex utility meter�,and all other Sxtures� e4uipment,ead fscilities �ving ar comprising t�e City Marlaet or the Common Areas;which are�ot c�arged fully in the�se Year in vvhich they are inouried,from the earlier of the date when tl�e cost was incuared or ti�e Commencement Date,at rates on the varivus items deteasnined itom time to time by the I.e�sor in accordaace with sovnd accouMing principlea; o) "Proportionste 5hare"means s fraction,the nuznerator of which is the Reatable Area of the Leased Premises and tl� dcnnmu�awr of which ie the Rentable Area of t�e City Ma�ke� P) "Rent"me�s all Grroas Rent and Additianal Reat payablo pursuand to fb�tr�os of this Lesse; c� "Remtable Area of tba Leased Premisas" means the area expressed in square feet of ail floors of the Leased Premises measured from: i. the axtcrior facc of all eaterior walls,doors and windaws; ii. the exberior face of a1!iretesior wa13s, doors aad wtndnws separatiag the Leased Premises from Common Areas;if any;aad ui. the centre lina of all interiar walls se�ratimg the Treaaed Premisea from adjoiming leassble piemis�s. The Rentable Asea o�th�e Leased Premises ir►cludes all interior space whet� or nnt accupied by projectio�F sttuchu+es or columns, structucal or non-atnu,�nal, end if the store�'mnt is zecassed fi+om t�ue lease line, the area of such recess for gll pmpose,� lies witbin t.he Reatable Area of the L,e�sed Prcmises. 173 I.�se ibr Stall 3pace—City Macket ChiWs Poods[.imitedlLi'1 Oelato&Swect Shop Schedule"C" -Page 3- r} "Rentable Area of the City Market"means the area in square feet of all rentable premises in the City Market set aside for leasiag by the Ixssar&om time to tiYne,exoept for aay accupancy as designated by the I.esaor for which there is ao Grosa Rent payable. Pravided �var that the Lessor shall credit to OpexaEing Coste aay ��btttioas roceived in respect af such Operating Costs from the occupants of aIIy of the are�as ezctuded from the R.entablz Area af the City Market in accordaace with t3�is de5nition. Provided fiu�er tbak rtm detea�nining khe fi�action that is the Lessoe's Proportionate Shero, if t�ie Leased Premises consists of any of the foregoing ezcluded categaries,the Rentahle Area of tltat cabegory will be included in tbe Re�bie Aroa af the City Msrket; s) "Rules aad Regulatians"means khe rnl�s and regulations adopted end prormuIgaied by tho Lessar from time to time actiag�reasopably,mclud'mg those listed on Schednle"D"; t} "City Market" means the lauds aad gremises lmown by the civio addreas 47 C�alotta 3trcet,Sairn John,New B�swick,as such laade and premises may be altored,expanded or reduc,ed from time to time and t}�e buildinb�s, unpravemeMs, equipmeat aad facilities anectsd thereon or situete Srom time ta time therein; u) `"I's3ces" mesas all dntiea, real proge�rty taxes, cbargea,aseessmeats and paymextts, frtim time to tim�e levied,essessed or imposed upon the City Market or eny gart t�neof or upoa t�e I,easar by reason of ita ownership of the City ArIarkc�by aay taxiag authvrnty. Teaos aball also inclnde aay penalties, Iate payment or tttterest char6� � bY �Y mumicipality or other taxing authox�ty as a result o£the Lessae's late paymenb of any taxes or iastalme�ts ti�ereo£ For greater certa�ty'�'axe�s"shaU.exclude�y penalties or it�bet�est inicumed by the I.essor aa a result of ite fa.ilure to pay T�cas in a timely maaaer, e�ccept Taxea shall iunclud�e any iutaest in respact of a defierral of paymeat in accordanca with so�d acco3xutinig practices if pumittcd by stahrte or pursnsat to an agreemr�tt with the taxiag eatharity;ead(u�iucame,profit or excess profita t�ces of t��L,essor, v) °°Lessee'°meaas the party named as LeaseE ia this I.ease;and w) "Tenui"naeans the period referr�to in Scction 2.03. ARTICLE II GRANT,TERM AND INTENT 2A1 Leased Premises It�conside�ration of the re�ts,cavenants aud agreements heceinaft��served snd conisiued an�ho part of tho Lessee to be paid,obsetved at�perfonmed,the I,essor damises and leases to the I.osseo and t3�e Leagee leases from t}�Lessor,the Leasad Pre�i�a. The I,eased Pt+emises are P��Y�8nsted es 6taIl Na.5 and are ehown on Schedule"A"attached hereto and contain a Reatable Area of epproximately Flve Hnndral and Tr►elve Square Feet{51.2 f� wluch is comprised of appro�jy Three Handred and Thirty-Threc Sqaure Feet(333 ft�af leaseab�e za�il erea and One Hnsdred and Sevent�Nfne Sc�nare Feet(179 fltz}ofinezzaaiae area. 2.02 U�e of Common Areas 'i'l�e use an�d occupatiaa by the I.rssee af tbe L,eased Premise8 atiall eutitle tt�e I.essee to the use in coaur�oa with al! otheia entifled thareto of the Common Are�, subject however, to the terma and canditiona of thia Lea,ge snd to ressamable niles aad regulationa far the usa thaceof as pre�cribed from time to Eime by the I.andlord. 2A3 Term oi Lesee Td HAV�AND TO HOLD tlae[x,aseti Pzem�isea fax'and d�ri.ng tbe oarm of F[ve(5�ywure ta ba computed fmm Aprli 1,2013 and fnlly to be completed and euded on March 31,2018 save aa hereina8er pravided for eazlier termiaation. PRDVIDED '1'HAT'if there is any I,essor's Work ar Lessee's Worlc w be p�foaned grior to the Lessee opening for busiaess in the L.eaeed Premises or the Leased Premises are occupied by a thind party as of the date af thig Ix,a�e,ihe C�t I}ate shall he th�eatlier of: a) �Y C�)days after the Lessor has delivared vacan�possessia�n of the I.eased Premises to the Lesaee notwithstending that t�e Lessor maY a�. �B �h �Y C�) �Y period,be co�rspletiz�g its work;or b) the opanmg by the Leasea to t�e public of it�busine�s in the Leased Premises. 174 l�ase fa stau space-cxtyMa�cee Cbilds Foods LimitedlLi'i Gel�t9&Swcet Shop 5cl�odule"`C" -Page 4- Notwit�staadis�g any change in thc C;ammenccmcnt Date calculated in acxord�ce wit� the P�B Provisions l�et+eo�the Tetm�sball cxpiro on the date set far such expiry in t�e�rst paragraph of this Section 2.03,s�ject always to earlier termination ss provided for in this Lease. PROViDED THA'£upcyn the Lc;ssor or its Architect giving notice to the Lessee that th,e I�ea.+�ed �z+enaises a�e available fa the oommencament of the Leasee's Work, the Lasaee aball i:nmediately take passeesian of the Leased Premises and ahall occupy same for the gurposo of fi�ttiuing �d inetelling its invenbty,at its ov�n risk, for a periad of thirty (30)days af�er receipt of sueh notice or until the Lessec opens fnr busineas to the public iu tl�e I.eased Prcmises,i'ree of the gayment of C�rosa Ren�and Addit�anal Rent save for tt�e abligation of the Lesaee to pay far all utility chmges used by the L,essee or con�umad ia t�e Leased Pretazses du�i.ag the periad of such fixturing,aad s�all during the period fiom tlte giving of such notice until the CommP*+�p,•,em Dabe be�tenant m the I.eased Premises subject to the same covensnts and agreoments as ate coatained in this Lease,mutatis mutandis. FURTHER PROVIDED THAT NOTVVITHS'�'ANI)Il�iG AiVYTHIIVG TO THE CONTRARY, if the I,�a9vr is unable to dalivcr vacaat possession of t� Leased Prem9se� #o the Leasee far eay reasoq including but not limited to the hold'mg o�er ar reteatioa of possession of amy otl�er lcsse�or occupa�t,or the lack of completion of any repairs, improvemen� or ali�erations required ta bc completed befare the Lessee's occupancy of tbe Leased Premises, then the time far commencernent of the Tean sbiall ba eatended to correspvnd with tb�e pariod of delay a�d the J�eseee shall not be entitled W any abatemeat or dirninution of Rent (eaccept that Rent ehall not comarance to be payable umtil pos�asioa of the Leased P�etnises is giv�by t�e Lessor ta t�L,essee}nnr ehall the validity offlris Lease ar the p�tti�'respecrive obligations hereunder be aff�cbed However, if tha Lessor does not give vacant possessian of the Leasad Premises to the�,essee wi.thin six{6)moaths of the date af�is I,eaae,then ti�e Lessor ma,y,at is option, tanni�nate f.his Lsase by written na�ice bo the L.essce and in euch eveat thie L�ase shall be null aad void aaci of no effect whatsoov�ct. Any depasit paid by the Lessec to the T.esaor shall be return�d without interest or deductiotn,aud�r patty sha11 bave any further liability to the other, Forthwith,upon t�e Corameaccment Date bcing dobcrmined in acearda�a with the f�oz+egoing,tha I,essee shall eataute an acl�owledgemerrt of same an Lessor's usual fvr� 'I'he I.assee sball pay a�l Ciross Re�and Additioaai Rent calculated oa a per diem basis,frtym the end of tb�e rent-free perlod w t�e last day of the moath in which the Commencatnent Date occ��s and ti�ereafter all payments of Rcnt sl�all be made on the first day af each atondh tlaroughout the Term t�aleas otherwise specified horain. A�TICLE III RENT AND JE�"CS�'i' 3.O1� Gro�s Reat Tha Lssse�aba11 pay an��al Gmss Rsnt ta tlne average amrnmt af Thtrty-Three Dollsn(S33.Ofl} per ecluara foot of leaseable retail ac+ea of the T�eased Premises and Five Dollars wd Thirty-0ne Cents (5531)per square fvot of ineaaai�e atea of Hae L,ea�sal Premises. Tha Gross Rent shall be paid in equal montbly iaetalaxents,monthly ia advanca. According to the foltowing achedule: Rate Retall S ecc Coaler S uce N�e�r.�anine S aee Basement S ace 1 $32.00 $0.04 $5.31 $0.00 2 $32.54 $Q.pO �5.31 $0.0{1 3 $33.00 $0.00 $5.31 $t1.00 4 $33.50 $OAU $5.31 $a.00 s �3�.00 �o.00 $s.31 $o.00 Year Retsil S ace Cooier 5 ece M�zzantt►e S ace B�ement S e 333 0 179 0 Year Month � Year Moatii Yesr 1lgioath Year Month I �10,656.00 $88$.OQ $O.Ofl $O.W $950.49 $79.21 T�O.OQ �0.00 2 �10 822.50 $9QI.88 $4A0 $0.4(3 S9S0.49 $79.21 $0.40 $0.00 3 510,989.40 $915.75 $QAD $O.OR $950.49 �79.22 $O.QO $�.OQ 4 $I1,ISS.Sfl $929.63 $Q.00 $0.00 $950.4� �79.21 $0.00 $0.00 5 $11,322.0a $943.50 $O.Q4 $U.04 �950.49 $79.2� �0.00 $0.4(? 3.02 lient�aat Due If t�I.eesee fails to Pa]',when#�e same is dne and paysble,eny Gross R�eut,Additional R�ent or othar a�t p�yable by the I.essae nnder this I.ee�,s�ch unpaid amo�nts e�a11 be�irte�at fi�om tho�ue 175 Leeae for SmII space—City Madcet Chf7ds Foods Limi�ed/l,i'l Ge]�p�Swat Shop 5chedule"C" -Page 5- date�f ta the date of PaY�mcnt,com�c,wqded manthly at the rato equal to four(4}per�ata8'�PQ�� excess of the Ptime Rate. 3.03 Depotit The Lessor aclmowledges receipt of Z,ero Dollsrs (500.00) which it will, apgly tou►ards the FaYment of Gzosa Rtnt for tlx first aad 1$st mo�he o£the Term txce�t that the l,essar may apply all or pert of I�e a:mount rete�ned for application wwards tha lasi naunth's Gro�9 Rart as comp�nsatlon for aay loes ar dam�e arisi�g from tl� braach by the Lessee of any provisions of this Lease. Thie right wi�i aot be construed to lmait the I,easar's othes rigt►#s uuder 8xis Lease or at law or to limit the amuu�t recoverable by the Lessor far damages in tespect of breaches by the Lessee af tl�ia Lease. If#lie Ix�eor uses all or patt of the deposit for the l.ast mot�th's Grosa Rent as pm�lded abovc, the Lcseoe will, upon notifcati,on by the Lesaor,P�Y to t�e I.ese�the smouat required W rcimburse it for the$mo�mta so appued. The L�ssor will not be required to pay i�crest to the Lssece oa�y of the amounts paid to the I.essar or oetainefl by it under thia section, The I,essor nnay deliv�t�e aforesaid deposit to aay purchaser of the Lessor's interest in the City MaYiaet or�g Part t�'eo� �'hereupcm�e I.e�or will immediataly bo discharged from say f�rthe� lisbility with respect to tbe deposit The Lessee will�ot assiga or encum6cr its intcrest ia the de�sit except in connection with a pesmitted Transfcr, in wbich case the Lessco's isiterest in the deposit w�l be deemed to have been asaigned to the permit�d Tran9feree as of the date of the Tiansfer. 3.04 Pre-Authorl�Paymentr The Lessee shsli particq�e in a pre�authorized payment plan whereby the I.e�sar will be authorized to debit the I.essee's bank acxount each manth from time to time during cach T.ease�eer in aa amount equai to the Gross Rent aad Addition�l Rent payable on a monthiY basis, s�d, if a}�plicablc, generally any amount payabla ptovisionally pvrsuant to the provisiona of this Leass on an a�im.ated basis. The I.easor ehali sign a form of application which is the sarne or simil�to Schedule"D-1",rn as may 4�8 re�aired by the L,essee's baak,credit tmion or other financial inetitubion, ARTICLE N TA�',S 4A1 mazes Payable by the Le�eor The Leseor shall pay all Taaes which are levied,rated,cbarged or asaesaed againet the City I�arket or any part theneof subject always bo the gravisions of this Lease re8��8 PgY� of Taxes hy the L�.4ee. However,the Lesear may defer payment af any such Taxes or defar compliaace sxith acty stakute, law,by-law,iegulation or ordinance in connection with the levying of any such Taxes m each case to the fia]lest e�cteat pezmitbed by law,so jong as it diligently prosecutes any cantast or appeal of aay such Taxes. �.02 Taze�Ptyable by Les�e�e a) The Leasee shall �niag tha Tesm pay, without sny daiu�tion, ababenubt ar set-aff whatsoever,all Taxas levied,laid or assesaed oa or against tha Leased Pr�aises; b) In the case of assessments€or local improvements or betternnems wbich are aasessed or imposed duximg t�e term a.nd wb�ich may by law be pay�ble in instalmeuts, tlue I.easee shall anly be obligabed ta pay such instalme�ts es samc fall due durmg the Term,tagether with mterest on def'etred paYmenls; cj In any suit or procmding of any ldnd or nat�we arisiag or growing out o£the fail�u�e of the I.e�see to keap a�ny coven�t cautained in this Article, the certificate or receipt of tha departmea�t,officer or burcau chatged with collection of tbe Taxea,sl�owia�g diat the Isa, asseasmant or at�charge affecting the Leased Premisas is due and payable or has been gaid,s�all be prima facia evidence�t such tax,asse�smeat or o�cr c�arge was due and gayablo as a liea ar charge ageinat the Leased Promises ar tbat it bes been paid as such by the Lsseor; d} 'I'he L,e�ee,if sllowea by the,faxiag suth�rity,shs]1liave rhe right to contest or review by legal praceedings or in such man�ae�r as the T.essoe in its opinion ahall deem advisable (rvhich proceediaga or other ste�tak,en by the Lessce shall be conductcd diligmtly at its own expense snd free of expease to tbe Lessor) any and aU T�ces leviod, assesaed or impoaed upon or agaisst tha Leaged Premises or Taxes in lieu thcreof�quired to be paid by the Lesaee hereuu.der. No such coatest shall defer or susp�d the Lassee's obligations to pay the Taxes as herein provided pending t}Le coate.st,but if by law it is nccessary tl�at suclx payment be suspended to prescrva or perf'ect the I.esseo's coirtest,then the c�ntest si�all nat be w�k�n without there being fust depqsited with the Lessar a sum of mone}'equal bo iwice the amouat of the'F�ces that are the subjeat of tb,e cantest,to be 176 Lease far SteD Spazx—City Market G7�ilds Faods LimiGed/Li'l C3elato&Svreet S6np Scbedule°C" -Page6- held by tho I,�ssor as aa iademnity tn pay such Taxes upnn conclus�ion af the contest aad all oosts thereof tl�at may ba imposed npoa the Lesaor or the I.tasod Fs+�miaes. Any costa aseociated with sn appeal imdertaken by the Lessor, the Lessee sba�l psy their propvrkionabe shaxe of such costs; e} The I.essee upon requcst of the Ix�sor will promptly exhibit to the Lessor all paid bills far Taxes which bills after mspection by the Lessor shall be retumed to tlie Lesaee. 4.03 gST P�►y�ble by Leasec The Iressee shall pay to the Lessor all HST ort Reat and aay other HST impased by t�e applscable lt,gislation on the L,eseor or J.xssae with respect to t�fs I�ease,in tbe manncr mid at the timea requirod by the applicable legislatian Snch�u�a sre�at consideration for�e roatal of space or W�e pmvision by t5s Lessor of any se�[+ice under this FJease,bu�t sball be deemed ta be Rent a�1he Z.ea�or shall have nll of the sama reme3iss for an+d rig�ts of recovery of such amounts as it bas for�ecovery af Rent uader fhis Lease. If a deposit is farfeitad to the Lessur,or an amount becomes payable to the L�asor due to a d��ult or es consi�aration for a mtidificatioa of ti�is I.ease�and tbe applicable legislation decros a part of ths doposit or amoant to inclnde HST,th�a deposit or amouat will be inereascd and th�incsease paid by the Lessee�o that the I,eesor w�l rec�ive tl�e frsll amouat af the forfeited deposit or other amaRmt payable witbnut ea�nsct�ment by aay d,eeemed HST pociion. +5.04 Businese Taxes und Otb�ear Ta:es of Lea�eee 'I'he L.esaee shall pay tv the lawfu!taxing auti�orrtees,when tlie sama beco�es due and p�yable: a) all tsxes,ratas, duries, assessmetrts aad other chacges that aR+a]evied, rated, c1�ed oc assesaed sgainst or in respect o£all iwrprovements,equipment ar�d fixcilities of the I.eseee on or in the I.cased Piemises;aad b) every tsx end license fee which is levied,rate�,c�arged or assessed against or in res�ect of any business carriad oa ia the Leased Premises ar in respect of the use rnr occuP�Y theraof whether in any c�e any sach taxes,ratee,�rties,assessmerns or license fees sre ratied,charged or essessed by any fedcral,provincisl,municipsl ar ather body. ARIICLE V UTII.ITIES 3.01 Uti�ities The I,essee shall pay all uinlities directly to the utility company, on a metered basis. In iho ovent that a Lessee leasea cooler spaca with the Ixased Premises,the Lessee st�all pay to the I.essor the Lessee's prapartionate shea�e of aay ntility c,onswned. AR'lx4"�.E VI MLRCHAI�TS'ASS4CIATION b.01 Merchaats'Asaoc:ation ]f end wlsen aa associatioa or corporat�on of inerchants or lessees (tt�e "Associeaion"3 i� farsned comprising tenaats of the City Marlcet,the I.�e shell�orthwith beoome a member of such Association or if such an Association has aliesdy bean fiortne,d, the Lessee shsll forthwith become a member thece�of and the L,essee shsll retauo its mewbership in such Assflciation dnring the entira T�n and ahetl abide by all nslea, reg¢la�ions, by-laws, dacisione, directiona, duee and a�sos�sments oP the Asaocistian. Suoh t�,aeociatioa shail 'm no way affect the rights of the T.essor�rl any by-laws,rs3les$nd regalatiorns of sach Aseociation sbali at all timra be subjact to the prior appmvai of the I,essor. 6.OZ Promatlon F�nd The I,essee sbal�pay ta the L,eseor aa amaunt egual to 6'� of ar�ual Grosa Rant to be paid in twelvc(12)mo�ly inetalmants each irstalmea�t payable on the 1'�day af each month d�ring tho Term 177 �aee�s�v�—c�y�r C�ilds Foods[.imibedlLa'!Gel`eto 8t 3weet Shop Schcdufe°C" -��- ARTICLE Y�I� COl'�DiICT OF BUSINESS BY'I'ENANT 7'.ai IIse of Leued I'remise■ a} Tha L�sed Premises shall be uscd continuously, actively snd diyigeantly for tfie sale putpose of selling Celato, Sorbetto, Ice-cream sandwlehe�, Tartufo, Gelato popg, c��o c,�, c�p�a, c�m, �e, choco�ate�, �Vslant gast�rrlee, MilksLslres, Eepresao, CAppncelno, Laite Macchiato, Caf� Latte, Ssa Pelligrino, Italian Lemoaade, Ho�nemade pies, Homemade tarta, Homemade Miaf cakes,Homeiuxdc Cu�oli, Homemnde Biscottl, Hamemade Cream puffs, $amem�de 1�ramisu �nd homenwde It�lian eoaldea/pastry (ChocolaLe Bsei, Arnaretiv Apricot Cd�vr, Eapreseo Chocolate C61p Cooldea, Meringne Coolclee, Shortbnad Hearts, rWbon Twi9ts, Auiee and Orsage Coaldp, Cra�uberry-Nnt Clnster�, Cuccidatl, Stireer Tar�II�, Amaretti, I.emon Drop Cooldes, Cappnccino Dro�, Pignoli Cookies, Chocalate Aimoad Cooldes, Sweet 5alamf Cool�{�xl�me Dolce), Ugly but Gaod Cool�ea ($rutti Ma Buon�, Oraage Plstschio Chocolate Chip Cooldee, ChacoLte and Almond Meri�gu.e Cookiea Sardinisn Lemon Metin.gaes,Plne Nnt Cooki�aud Che�rry Rorettea, Chocoht�F�71ed CaoldesBaci, Florentinea, Veaetian Lsyered Cvolder, Apricat Bar Coolates, Chocolate and Slick Pepper Caokie�{Mo�tactoltq� Butter Coolda). The Lessee will not use or permit or suff•cr thc use of the Leaatd Pcanises or any pari drereof for any other businees or ptttpase. In connection wit�the busfaesa to be conducted by tha Lassee oa the I.�ad Pramises,the La�see shall only use the adveetisad neme"Li'1 Celato& Sweet 5hop" and will nAt cbange the advertised name of the buisiaess to be opetabcd in tiae Leased Premisea without th�grior wntten consant of the I.essor. Tt�e Lc�see ahall not introduce new pro�uct lines, vr offer naw �rvicea to its customers wii�out fust obta'sniug the written consent of the Lessar. The I.esaee aoknowledges that it would be reasonable for tho Lessor tu withhold ita consent if the introduction by iha Lessee of such pm�uct]me �r sarvice would cam}�ete with tbe businees of other teaa� in the City Ms�iret or infringe on exch�sive cavenants grant�d,by tho I,essor, Unless otherwise �ecifically set rnrt in this Lsase to the coatrary,nnthing comtained 'm this Lease shall: {i) camfer upon the Lessee the excluaiva right to sell or provide in t1�e City Markd. aay of tbe producis or services poimitted to be sold or provide� from t� Leesed Pr�esmses pursuant W thie Sectiara 7.41; uar (ii) pr�vent the I,essor from leasing aay otbcr ptemi�ea in the City Merlaet ta any othez tanant{�)carrying on a buainess which is similar in whole or in pact to the busi�ss�xrmitted to be carried on fmm the Leased Preuuiaes pursu�a�t bo thia Secti�on 7.DI. b) The Les�ee acknowledge� that ihs continued occupanicy of�e Leased Premiaes and the regular conduct of business therein ara of utmost im�ortance oa aedghbouring tenants aad to the L,essar in the renring of apace in t1� eity Marlcet, t�e renew�al of otbier leases thereiq the efficient amd earnomic snpply of services and utiliti.ea, aad iu the cbaracter sad c�uality of other te,navts in the City Marke� The I�eseee th�ec+efore coveaaats �d eg�ees that througlwut t�e Terat it will occupy the entire I,eased Ps+smisea, comply gtrictly with t�a provisioas of Sectian 7.41 aud not vacx�te or abandon the I.�sed Fremiat� at aay time daring thc Term. The Lessee scknowledges that the L�ssor ia executimg this L.aese isi reliance thcrcupon aad that the eame ia a mabarial element iaducing the L,esaor to execute thia Lease. T6e�.essee£�ather agrees thst if it vaaates ar abandovs the �.�ased �cemises or fails to so cond�ct its busiaese therein, or uses or pe,rmits vr suffiere the ue�vf the Leased Premisos for anY purposa nnt spacifcally herein autharized amd ellowed,the Lessee will be in breach of the Lessee's obligatioas under the I,ease,gnd thea, without constitu#i�g a waiver of the Lesaee's obligafioae or lizndting th�e Lessor's remedies under this Lxase, all Rent reserved in tWs I.ease will immediately beoome due amd payable to the L�asor unle�as gueranteed ta the satisfactiom of the I.essor. Ths Lessor will have the rig�t, wirhnut prcjudice to any athcr right�which ft may bave nn�x thie Lease or at law,to obtain sa injimction requiriag the Leesee to vamply writh the pmvisions of fhis Soctian 7.01{b). 7.02 Coadact snd Operativn of Bu�inees The Lessae al�all occupy the L,eased I'remises fram and aiter t�e �omrnencement Date aad tb�erea#ter ahall concivat continuausly and actively the busincss set out in 5ectipn 7.01,in tho whole vf the I.eased Premises. In 1�e conduct of the L,essee's business puisuant t4 this Lease the i.esaee abail; 178 Leese fnr Sta115pmc�—City Markat �ilds fioads I,imitndl[,i'1 Crelato�Swer�.3hop Schedulo`�C" -Page B- a) opeiate lks busllle�with due dil.igence atld efficiency at�d m9intain an adequata staff to �aF�Y�rve all custam�rs;own,ia,siall and keep in gooct arder aad candifion frae from liens or rights o�tbic+d parti�, fixtures aad equi�mcat nf fir�t clasa quality; and cerry at all times such atcack of goods aad mercbandise of auc�size,ch�tacten'aad quality aa will produce the msximum valume of sales from ti�e L�eased Premises crn�istcat with gaad businea.a practiccs; b) cAn�uct its busin�e�s in the E.eased Premises during such haurs and on auch days as t�ue I.,�saor 8�om t;umc tia time�eqau+es or parmits aad at no other time. Hav�ver tlit Lx,�see is nat required ar permib6ed ta carry on its bttsine�ss dw'inB�Y F�riod prohbited by aay law cegulatit�g tkze hours of basia�ess. If the Lesaee fails to open oa tite Commancement Date ar dusing th�e days aud/or haurs required by the L�essor, tl� in addition to all otber amoums of Rent payable under this Lease the Le�see shall pay as Additional Rent to the Lessor o�on demaitid as liquidabed daroages and�ot as a�eoalt5',�n amount equal to two himdned £i$y dollars (�250.04) per dsy far each and every day that the Lesaee is ia defaql� When nat open for �iness tbe aecnrity of the Lxased Premieae is the aok respons�ility tif tb,o Lessee; c) loeep displays af macbiaad�s�in#he display wiadows(if any)of tho L,eased Premisea,and 'l�eep the display windaws aud signs (if any) in the Ixased Premises well�lit during the h�orsrs the Lxssor designates from time to time,acting rea�onably, d) stock in the Lrtsed�'remiees only metchandise tlxe Jressee intends to o$er f�or retail sale frOm tlae Leased Premisea, end not use any portion of the Laased Premises for office, clerical or othea naQ-aelling purp�oses cxccpt mieor parls rrasonehly nequired for th,� Lesaee's business in ths I,eased Premi.aes; a) abide by atl rules and re$ulations aad gee�eral palicies faamulated by the I.cseor,acting reasombly,from tirne to time relating to the delivery of goods w the Leased Premiaes; #} not allow or causa ba be aommitted any waste upaa ox cLamage tn thc Ixsaed Premisas or any rnriea�ce or othor act+or thing vvhich dist�s the quitt en,joymemt af any ot�er le�see in the City Msrinet or whieh u�reasoaably di�hu6s or interferes with or annoys aay thind party,or which may dausage the City Marke� � mot allow or cauae to be don�e aay act in or$bout the Comm.on Areas or�a Gity M�t which in ti�e Lessor's opinion,acting reesonably, bi.ndere or iatar�ts the Gity Mxrlcet's flow of traffic in any way,obs-�uets the free mavement or parties daiag busiu�ess in�e City M�et; h) not a11ow or cac�se business to be solicited i�aay�art of the Ciky Mark�et c�tit�thsa the Le�sed�r�mi.ses, nor display any xaerchaadise outeid�the Leased�'remises at aay time withaut the pri,or written coasent of the Lessar; i} use the name designated far the City Market by the I�tssor from tiaae to time ancl all insignia or ather id,entifying names a�d matka desigaated by the Txssor in «�ection rvith the sdveztising of the businees oonducted i�the I.easod Premieea. Nat�itlLStanding fhe foregoing the I�essee an'll not acquire auy rights in such names,marks or ineigiva aad upon the I.essor's request the I.essee will abandon or assiga ta tha L.assor any such riLqhts wlt�ich the Lessee maY acquite bY c�pe�ration of law �ad wili pmmptly sxecube any documeats required by the I.easor ta ave effect t4 tbie subparagraph(i?, j) not insta]1 oz allow in the Leae�Premises any transmitt�r de�ic�aor erect any aeriat on th�e roaf of any biu7clis�g f�arming part of tbe City Market or an a�ea�terior wells of tho �SEd�IC1n19C3 4I lII AI►'�Of LhC�'OT�b011�►[�1.4. �iII�Sl1G�11]S�S�011 8�1�b4 9L{�BCt to remo�+al by the I,e�s�or wit�aut nutice st any time and such removal shall be done snd all damage as a result thereo£shall be u�ade good,in each aase, at thc cost of the Lee�ee, Payable as Additional R,ent o�dema�d; k) not use any travclling ar flashin� lighi� or signs or aQy Foudspea�ers, tela'vi�ion, P�S�Ph, ra�li�ar other a�iovisual or mech�ical d�icxe in a ma�mer so t�at thep caa be�ard or seea outside of the i,eased Premises withaut the prior writtoa consdnt af tl�e Lesaor. If the Leseee uses aay snch eqvipmeat without receivlug tfae prior writbe� cflnsent af the Le,asor, the L�sor s�all be eaatitled to remove such equi.prnent without natice at ang time aztid such zem4v�al shall be d.ane and all damage es a result thcGwf sl�ll !�e made good, in each �ase, at the cast of tlie L,essee, payable as �,�dditional Reat on demaad; 1) not install ar allow in the Leased P'remi.4es any equipment which will axceed or averload tk�e capecity of any utility,el�trical ar mec�aaical faeilities in the I.eased Pn�or af wb�ich t1�e Lassor has aot approved. If#he Lesseo requires additional utility, elechical or 179 Leasa for Stall Spacx—City Market CM]ds Foods Y.itnifedlLi't Gdato 8c Swat Shop 5ehedule"G" -Pege9- moc�amcal facilitiea, the Lossor may�its saie disci+atian if ffiey are avail�ble elect ta install them at the Lessee's expense and in secordaitce with plans and specificabions to be a�pproved in advance ib writing by tht Lessor, m) not bring upcm tha Loasad Pre�ises any macbiuerY, aquiPmea� srtialc or tbu�g tl+at by �ason of its weip�t, sizc or use, might in the opiaiaa o£the Leasor, acqng reaso�ably, damage tbe Ixased Fre�nises ar ovedoad the floa�s of t�c x.eased Premises. Any sach ��Ya �l.�t,atticle or th�ahall be subjact bo xemo�al by the I.essor witho� notice at eny time aad auch s�moval shall be done and all damagag as a re�lt theraof sball be made good,ia each case,at the cost of the L�vaee,Payable as A,c�ditional Reftt an deu�tui; a) obaerve aad oomgly with all federal, provincnal a� mvnicipal la�vvs pa�a.iaing to ar affectiug the Let�ed Pretnises,the Lesaee's use of the L.eased Premises ar the conduct of euy bnaineas in ti�e I.�ased Premiee�, or �e m�cing of a.nY re�ire� rc�la�m�s. alt�ations, additiane, chaagea, substi#utions or impmvemeata of or to tki.e z.eas�ed PremiseaF and the regutatiooe o�any insurance underwritera in t�espoct of the ias�uz�ce mai�mhained by the Lessar in respect of the City Market,and carry out atl rnodifications to the I.eased Premises and the Lessce's conduct of business or in usB of the Leased Pretnisea which may be required by auy sucti aufhoritit�, ?.03 Prohibited ActLvitEea a} The Lessce sclmowledges fhat it ia only one of many tenants in tbe C�ty Market a�d tUa# therefore the Lessee shall coadvct its business ia tha Leaged Pr�saes ia a manner eo�iatent with tho best iuterests of the City Mstket as a wholo; b) The I.eeaor ahall have the right ta cause tho I.tsatG W diseondtiu�and the L,es�sx ahall f�8l�S1pOII fOftllWlfill d1BCAffiIL1lC I�1G 68IC Of 8II}� 1EL'm, �1eTCh8IId18C, commociity or the s�upply of auy s�vice or the canying on of aay busiaess,any of which is�r prohbi�cd by this 5action 7.03 or which the Lessor, seting reasonably, de�mines is not directly raletad to the business set out ia Sectian 7.01. Tha Leseee will not allaw or cause th�a u�e of any pm�t of the Leased Fnemisea for any qf the fallawing bussaesses or sctiviues: i. the sale vf secondhaad $ood� or s�uplus arbiel�s, insurauce salvage stack, fit�a saie stock or�uptcy stock; ii. the sale of goods,except ea may be spe.cifically permibbed by th�pravisions of section 7.a1; iii. an auction,bulk sale (other then a bu]!c sala mada to �aeai�e ox sublee�ee pursuant to a p�mitted asaignment or sublett�ag hereuuder), liquidatioa sale, "going out of business"or bankruptcy sale,ar warehouse sale; iv. any advertieing or salling pmcedures wbivh wae�i� ar �y $ale at busincss conduci ar practice which wauld, because of tha mercl�a�ising met'hods or quality af operarion likely to be used,irt�ithe�'cese ia the Legso�'s opinion,tend to lower the c�recter af the City Mazkat arc ha�m or tead ta harm thc buaincss or reputation of the Lea�or or refle�t unfavovrably on the City M�rk�t,fhe I.essor or other tieneata in the City I�a�el ar tend ta confuae, deceive, mislead or be f�audulent ta the public;ar v. a mail order businesa, ssve and cxccpt f4r dulse and ma�ale products or a departmen�store,junior depstfimeat atvre or variety store. 7.ad H�zardoae Snbst7uttes T'he Tenant covenaals aad agreES w utilizc the Le�aecl Premises aad operate its business ia a manner av that no patt of the Lea.aed Premises or sunrounding lands m�e used ta g�te, ma�,ufac�e, refma, trea� traa�sport, store, handle, dispose o� ttaaefer, pzodace or procees auy Hazardous Subs#amce, except ai strict complianoe wit� a!i applicable federal, proviacial and utttnici�pa,l Blatutas, b�-l�ws and rc�gulations, including, without limitation, euvironaiental, laad use and occugat�o�al at►d heslth aad s�iety �ws. t�egulationsy racl+�irem�ts, Parmits, sta�tas, by-Iaws aad rsgulstions. Fur�ea the Leseee hea+eby ca�at�d agnees bo uadarnaify and save harmlesa the ixssar aad tk�ose for wham the Lessor is in law respc3ns�ble from auy and all loaee, casts, claims, damag�s, liebilities, expenses or in�uties ,r.�sed � co�,ributed to by aay Har�tdnus Sub�temces whieh are at any time lacsted, etored ar inoorporated iu at►y part of the Leftsed Fremisea. The Lessee hareby egraes that the Lessor ar its antho�ized represenffitives s�all}tavt the right at the Lxssea's e�penae,�ayable as Additional Rant within fifteen(15)days ofreceipt af an iavoice therefor, to canduct sach environmental site reviewe an.d xm�estigations as it may deezn necessaty for the p�pase of ensuring compliance with this Secfion 7.44, The Lessee's obligatioas piasuant to this Section 7.04 shall survive#he expirarion or eazlier terminatioa of the Term. 180 Leasa fo�r Sta11 Spa�t�—City IVlatkd Childs Foods LimitedlLi'1 GeNiW 8t Srveet 5hop Schedule"C" -Page LO- ARTICLE YiII FIXTURES,ALTERATi01�'S AND REPAl3tS AN� L�SSOR'S CONTRUL OF C1TY MARKET 8.01 Iaatulla#iona by the Leaeee All equipmeirt,fixt�ues and impmvements installed by the Lessee in t�e Lrssed Premiscs ehall be new or complebely recnn+�itioned. 'Fhe Lessee shell not make any alteratians,additions or imptova�eats ar install ar causa to be iastalled auy trade�xtures,exterior signs, floor cove�ing,intenior or exterior lightiag, plumbing fixntt�es, shades or awaiags or make aay changes to the stare front witbout fir�t obtauqing the Lessar's written app�oval and ooasenk. The I.eseee shall present to the Ixssor plaae and specifications ia farm, coasent�nd sach deta�as the Leasor may resaonably require for such wrn3c at tl�e f� approval is sought. The Lessee coven�t.s tbat any work that may be done in respe�t of the E.ea.4ed P�+omise,s by ar an be�half of kho Lesstc sha]I be dnae in such a maanar as nnt to conflict or interfera with aay�vork being done or about to be done by tbe Lessor im vx abant the City Marlact,whether such conflict or interfe�ce ehall arise in relation to labaur unions or otherwise aad the Lessee shall obtain all requisite peimits,licenees a�d ie.4pactions in reapect of any such work done by ar on the Lessee's behal� Notwitbstanding aaything berein cantained, tha I,essee shall n�alae no alberations, addiHons or improvem�eats the�t are af a sauctural natuire or tbet woald leeaea the vahu or Rentable Area of the Leascd Prennises or ths City Marlaet,or�would inberFere with the usage of the Common Areas. All alterationa, deco�ations, additione aud �im�rovemems a�ade by the .[�es,gee ar mad� by the I.esaor on t3�e L�essee's behalf by a�eemEnt w�der this I.ea.ge shall iu�noaediataly u�on mstallation ar affxation become the properiy of the Lessor without compe�sation tl�erefar to f�Lessee, but t� I,assar aball b8 undar no obliga�ion to rapair, maiatain or insiae the slteratioas, decorations, additi.ome or impxovements. Snch alterations, decorations, additians aad improvem�enta shall aat be srmoved from the L�easod Pre�oises without priar conseat in writiag from t�xe Leseor. Upoa eapu�ation of this Lease, the T..e�asec strsll, at the opt3on of the I,essor,�move a]i trade 6actures and personal property end shall remove alt such aiteaations, deca�rations, additions and improvements anc�restore the Leased Pre�uises as required by t�Lossor. $.02 M�i�tenance�nd Repdr by the Leesee Tb,e Lessee will at all times kae�the Leased Premisea(including acterior et�aa�ces aad all gla� aad s�how vvindows} and alt partitions, door�, fixb,nes, ec1u�P�em and appurGenances theneof (including lighting,heatang and plumbing fxhu�es,and i�e electrical and mecbanical ayatems)in good ord�,condition a�d repa�ir tiacluding P'eriodi.c l�ainring ot redecorating and preventative msiutena�ce as de�termined by the F,esaor mnd iacluding such repairs or replaceme�ts as are x�quired to keep ti�e Leaged Prennises ia good repair amd condition). All aforesaid tuaintenance,repairs,restorations and replacea�ents ahall be ia 4ualitY and class atual ta tha aniginal work or instailations. 8.03 Signe,Awninge,Canopic�r The Lessee will not p�ace or snffer to be placxd or maintained ob. sny exterior door, wall ox window of the L,eased Preta+ses any sign, awning or cauapy or adve�tising matrer or other thing of avy ]ci�d, end wi11 not place or maiutain eny da�orauon, lettatiag or ad�vertisuig matter on the glass of emy window or doot of the Leased Premises without first obtaining the Lessor's writt�appraval and consent. The I.essae fia�er agrees W maintain sach si�,awnia8��PY, decoration,kttering,advtskiainB matter ar oihor tlring as may be approved in $ood conditian acxd repair at all times, and in sddition tfl tba foregoir� thc Lessex sbal] maiatain aay signs or digpleys of its goads or wares which may ba scea fmm the exteriar of fhe I.esaed Premises ia a manaer w�ich is in kaepimg with the ch�rscter af fhe City Mark� ef wbich Wo Leaeed Premises form a part sud which is designed to enhance#he businiese of tbe L+essee. 8.04 Snrrender af I.eabed Premieea Subject to Article 10.d1, the Lesaes will leava the L,eagad Pr�uisas in good repair, rassonebl� wear aiad t+ear anly excegted. Without limiting th� generality of the facegoiit�g, at tUe expiration or earlier ber�inst3on of thc Tesm the Lessee shall surrender the Le�sed Premises in tha seme cor�dition as the Leased Premises were in upcm delivery af possession thcreto uadar this Lea.ae, s�asonable wear aad bear anly excaptd, and shsll surrea3er all keys far the Leasad Premisas to the Landlord at the place then�xtd far the payment af Rent and shall infoxm the I.essor af sZl eombmatione an locks, safe.s aad vaulte,if auy,in tbe Leased Pm.mi.ges. Should the Lessee fail to remove its fix�res and persosial properiy,auch fixt�ur.s and personal propexty eha11 be doemed to be abendoncd by tl�e Ixssee and may be appropriated, sold or ot�erwise dssposed of by the I,essor witltout s�otica or obligation to cvmpensaie the Lessee m'to accrnmt t�erofor. The L�saee's obligatians to observe or perform this covenant shall survivo the eapiration or earlier+Ar�Afion af the Term of this Lease. 181 Lease for Stall Space—Gity Market Childa Fooda LiroitedlLi'i Gelabo&Sweet 5hog s��a�,u�c° -�g��i- 8.05 Les�ee bo Di�charge aR Li�uu 'The Lessee avill ansure that no constructian or atl�er lien vr charge,or notice t�+eo�is regist�ed or filed agains� a) the City Marlcet or any part af it;or b} tl�e Lessee's iaterest iz�the J.eased Premises or any of the leasehold imp�ovemet�s in the Leased Preimises. bY�Y P�n��b'Yy�S� under or against the Lessee or ib coutractoxs or subcomtraobors. lf such a Han or ol�srgc ar aot�ce therreaf ia ragistered ar filed and tha Lessce fails to die�charge it wit�in fiv� (5) days af�er writte�no�ee�m the Leesor,the Leasor may discharge it hy gaying t�e amauut clafined to be dne inta coxut or ditectly to the claimant and the L�ssee will pay ta the Lesaor as��►dditional Re�o�n de�nand all costs (ineluding legal fees) incw�re,d by t�he I.e�s.sar in connection therewit�, t�gether with an a�dminis�ativa averhead charga aPfiReenp�+cent(z5°lo}ther�on $.Ob Rulee and Re�ule#ione "J�'hG Les��ee will oomply wi�th the Ruks 8�d Ro,�ulatians. '1'�e Leasor resaves the right fivm time to time to amend ar supplemeat the Rules and Regulatians. Notiae of such ameodmefltra a�d aupplements, if aay, shall be given ta the Lessce,aad the�.essae agrees therou�on to comply with and observe all such a�euts ead supplemeats, Qmovided that no Ru1e ar Regnlad.au sball eonttadiat a�pxavisioa o£t�is Lease, 'T�e L,essor aball aat be re�pnnsible ba tho Les.gee Eor z�on-abs�e ar riolation of any of the pravisioas�f euch Rule� ead Regul�tions by any other teaaat of the City Msii�et or af ti�e b�tms of any other lease of premiaes in the City Mm�et and the[.e.gaor shall ba undsr no obligatian to enforce a�y such provis'scros. All Rules aad Regulations sball be enforced against the I.essee ia a aon�discriminatory mana►ar. 8.07 Mu�tenance sad Re,gair by the Le�sor The Lessor shall, subject ta tl�o ot�er prnvisions of this Lease, maiatain aad repas or cauae to be a�ned e�d repaired, the sttucture af the City Market, including without limitation, the fattudation.s, exterior weathar walls, �sbfloor,roo�beaxing walle and struchu�al colnmas and boatvs of the City Mar1�E. If.however,the I,essar is required to maintain or repair any sttttctural porti�ns or suy otber portian of th� L,ease� P�mises or t}�e City Market by roason �f the nagl.�gent acts or amisai�s of the Lessee� ita emploYees, agen#s, invitees, suppliers, agents aad servsnts of sappliera, lic�s, cogcessionaitee ar subtenaadB, the I,essee sbaIl pay on demand as Additional Rent, the Le9sar's costs #'ar makiatg such msintenance or repairs,togethcr with an admsnistrakive fee of fii�een�ercent(15%)of such casta. 8.08 Control of C�ity Market by Lean�ar Tlua City Merket and the Cammoa Areas rQ+e at ali tiines snbj ect tv the acclusiva con�-ol a�d managenneIIt of the Lesaor. Wit�out limixing tlse gcnerality of tha faregoing,the L�sar hes the right in its anaitrol, �snagemmi and operatian of�e City Market aad by the establishment of rules and tegul�tions aad geaeral policies with xespact to the opa�ation of the City �arkat ar atry part d�areof a# sll timea through�aut the Term bo c�bruct, maiatain and operate lighxing facilities and heating, ventilsting af�d air c�onditiorting systems; Provide supervision and paliciag services far the City N.[nrlce� clase all or any portio�oF the City Market to such e�bent as may in the�pinion of the�ssor's counse�be legaUy sugicieat to p�+evern a dedication thereof�r the accruel af aay righta ta any thir�party ar the public, grant, modifY aad terminate easements or alher agre�me�s petka{ning to the use aad mainteneuce of all or any part af the City Marloe�Qbatruct or close off all or any patt of the City Market far the pu�poee of maioat�ance,repair or conshuction, em�oY all Pe�o�l, ineludin8 supeR'isory personnel aad managers noceaesry fa trie aPeration,msinttnance and cantral of the City Marioe� use aay part o#'tl�e Common Am;as from�me to time fnr merchaad� c�Isplay, decoratiana, eetertainmeart and strueturea deeignad faar retail salling or special features ar pramotional activitees;designate the areas and enlranaes and the times in,through and at which lasding and u�►1� of goods ahall bc r,azried out; control, supelvi�e and gen�arally x�egulate the delivery or shipging of m��clmndise, supplies and 6xt�u+es to and from the Leased Pren�is�s, ead ather por#ions of t�te City Marke�designatc and apeaify the l�snd of oontainec to be used for garbage aad iefuse in t�mauner and the timee aad places at which samo is to be placed for collection('if the L�essor f�or the mo� efficient and proPcr o�ra�on af the City Markct pro�ides or designates a coanner�ia� service for the piclQUp and diapasal of t+efus� and ga�age 'viatead of or in additioa to t�e service provided by the mumcipality, the Y.e�see shall use saxae at the Lasaee's cost); fram time to time chsnge the �+ea, level, location, arraagem.ent or uae of the City Marlcet or any part thereof; construct c�tl�er buildinge or impmvements in the City Marl�t and malce ohaugcs to any part thereaf; eonst�vct ot�er buildings or impc+avements in the Gity Mad�et and aoake changes to aay part of the City Mm�e�and do and perfonn such o#hcr acts in and to the City Market as in the vse of good bussneas judgment the Lessor detormiues to be advisable for the moce o$'icient aud praper operativn of the City Market. NatwitLst�►nding eaything ta the cantiary,if as a result of the exex+a�se k+y the Ix�or af any of its rights as set out in thia Section 8.08, the Commoti Araes are diminished or alt�ed in any maan�r whataoever. tb� T4easar is nQt subject to aay liability nor is tbe L�sea entitied ta any compensatian ur 182 Ixasa far Stall Spaoe-C�ey Ma�cet G'hilds Foods[.imitedlLi'I Gelato�Sweet Shnp Schedule"C" -Paga 12- diminution or ab�fsment of Rcnt nor is at�+ alteratirnn or dim'vrution ot t�Le Common Areas deemed construckiwe or actual eviction,ar a breach of any covenant for quiet ez�joymcnt contained is�this I.�se, 8.09 Leasor's Ri�ht to En�r Leased Yrem�sea a} It is not a re-entry ox a bzeach of quiet eajoyment if the Lessor or its suthorized repreeentstives anter the L,eased Pncmises at reasonable times ko: i. examine them; ii. make paimitbad or required repairs,alterations,inapzovaments or additio�m the L,�ased Premises(including the pipes,coaduits,wiring,�cts,colmm�s aad other insffillationa in the Leasal Premisea)or the City Market ar adjacent property;or iii excavate]and adjacent or subjaceai to the I.ea.sed Premeses;in each case{to the exten�t reasonsbly posaibla in the circumaEaaces) withrnrt unt�ssanebly i�erfermg with the Lccsee's business oparations in the Leased Premises,and tb�e I,esaor�aay tak,e m,atesial into and oa the I.eased I'remieea foz thoae purposes. Rent wili not abate or be reduced while t.he repairs,alleratio�s.impro�emea�ar addiitions ane being made. T'he Lessor will take �easoasble staps to minimize any it�terru}�tion a£business resuitiug from aay enay. b) At aay time dariag the Term, ti�e I.easor may exhibit the Lea.9ed Pr�ises to prospectiv� piucl�asers aad dvring the six{6}mont�s prior to tha expiration af the tatm of tbis Loase, tbe Leasor may exbibit the x.eased Premises to prc�pective fznaNs and glace upera tix Leased Premises tl�e usual notice"To LeY'whioh notice the Lessee shall penuit ta remain whe�e placed wifhout molestation; c) if the Lessee shall not be persoaslly present to open and permit sa eniry inta the I.eased Promises, at any tixue, wh�n for any r�ason an entry Lhec�ein shall be necessary or permissible, the Lesaor ar the Lessor's agcnta may cnter the same by a mastet key, ar msy forctbly aitar ths same,witlwut�ring the Lessar or snch age�s liable therefor, aad witl�t in any macmer affeeting the obligations and coveaants of this Lease; � Not�ing ia t�is Sec�ion can#ai�►ed,however,shall b�deomed ar cons�ued to impose upon the L�vsor any abligstic�n,responsibility or liability whatsoever for tbe care,�aaAinSenance or repair of the City iVisrket or any part thareo� exccpt as otherwise in this Lea�se specifically provided. AR'TIGI.E IX IN�`iTRANCE AN�Il�TDEMNI�Y 4.UI Leasee's In�nrance a) The Ix.asee sball tbroughout tine Term,at its owa�ost and expense,take out aad k�eep in fiill farca and effect the fallovring insin'ance: �, .411-risk insura�ace upon ProPerty awned by the Leasee or far which the i,agsee is logatly lisble{iaciuding, eigns and plate glasa}and which is locabed within the Ci[y Market ia an amount of not less than tS�e fu11 replacement cost theraof; ii. Com�re�ensive Gcnerai Laability with minimum limits of at least Two Million Dollers($2,000,400.00}or such higber limite as the Lesaor may reasonably raquice from time to�me. This policy sl:all include: s) The City sdded ss an Additiona[Insured; b) Inclusivc limits for bodily inj�ry and property damage; c) Personal injta'y liability; d) Teuattr's Legal Liability; e) Coatcactt�l.isbility with reapect to thsa Lease; � P�+esuises,ProgartY and Oparatious; � Completed Op�ations; h} A Cross Liability Clause; 183 Lense fo�S1all 5psce—City Market C6ilde Fo0d9�.im�1lr;'I Ge!ffie&51vee�SI10p Scb�adtile`C" -Page]3- i) A Thirty(3Q) days written notice vf Caaceilation sball be gi�ep W the City of Saiut Jo�at. iii. 'T2�e Lcasx shall also provida any ather form of iasuraace as the Le�ee or the Leseor u�ay rtasonably reguire fram tima to tim,a in fcua�,ia amow�b aad for insu�ance cisks agai�fst which a prudent ttnant would'msara. b) All policies shal!be taloen out witb reputablc aad t+�cognixed'msure�s acceptable to#he Lessor aud sha1.1 be iu�.a£orm satiefact�o�}+from time to timo to the I�ssar. T'hc i,esseo agrves t�t ce�tzficates of insurance of each sueh insurauoe poliey wiil be delivered to the Leseor as aoa�n as piacticable ai�er t}�e plscing af the required insucance. All goficies shall contain an unde�talong by the igsurers ta notify the I,�sor in writing not l�ss#han t�irty(3U}days prior to a�xy material ahaaga, cancellatioa or terinmstion,thereaf; e) '�e I,easee agrees t�hat if the I.�eae tails to tal�e aut ar keep in foroe any such iusurance� to in this 5ectio�n 9.01,ar should azry sv.ch iasurancc nat be approved by the I,essor and skwuld the Ls�see not rectify the situatian ia�edistely a�er writb�notice by the Lessor to the Lessee, the I,essar hes the right �vitltoui a�suming any obligation in eom�ction tberewith to efftct such i�aut'�nc;e et the sole c.ost of the Lessee and s1�outlays by the I,essor shall be immediat�lY 1��Y the I.assoe to t�e L,e�sor as Add{tional Roat without prejudice ta�ny other rights and remadies of tha Lessor uader th�s Lca,se, . 9.02 Increase in In�arancc Preminm 'The L,essae wil!nat allow or ceuso aayQ�iang to ocour i�the I.esaed Pramisae wk�iah aba11.csuse aay increasa of premium far any i�tuance on the Leased Premises or the City Market oz an.y pa�t 4�reof aba� the raEe far th@ loaat hazardoue type of occuP�Y 1�Y Permitted in the L,ea.9ed Pxesmiaes. If the I.asseo es in dofault uader thia Section�.02 t�e I.essee st�all pa7 any reseilting additional premium on atry insnrance policies taken oat or maintai�.ed by the E+essor,or if any insurance poiicy up�n the Le�s�d Fromisas or the City Madcet or aay part tfiereof shsll be c�.ncellcd or refu�ed to be renewed by an insiuez by ceason of the use or oc�vpation of tlu Lesscd Pntmiscs or any part tbereof ar 31�e acts or omieaions of the Lessea, the Lessee sball forthwith remedy or rectify auch use or ooaupatioa upoa raguest to da so in writing by the Lsssor, aad if the Lesse� s1�a11 fail to da sa witbin twenty-four (24) hrnus of suab written �ques�, the Lessor shall have the rig�t ta enaer tho Lcased Premises and recafy the ai#uatioa, witho�liability to die Lessce far any loss or damage occasioaeci by such entry and�ctification, or shall t� �m�klai to hald�e Lses�lisble far aay damage or lose resulting$+o�m such cancellation ar refosal, ar th�o I�essor may at its aption det�rmiae this Laese Eorthwith by]eaving uipan fhe Leased�Prcmiaea notia in writiag af ita iatention to do so,stid thereupon Rent amd auy other payments for which the Lxssee is liable und�t�ais�,ease shall be a�gportio�ed and paid in full to the date af such ciotemiinatioat of the l�e�and together with aa amaunt equal to the Groes Ront payable for a period of a�ne(1) y�at a9 liquidated dam�a�es,and the I�ee aball immediatcly deliver u�possesaion of the Leas�ed Premises, a sclse�lQ issued by tbe cuganization making tha insuramce �ata on tha I,eased Premises, showing the various componente af sach iate, s�ll be conclusivic evidence of the acveasl items and charges which ma�c t� firc insurance ra�e of the I,eased Premises. Bills for suc�x edditional pre�miurns shalt be�endened by t1u Y.easar to tbe L.esece at such ti�as th�e L,essor may eloct aod sttall be due from and payeble by the Lessee whea re�dered, an�d ffie e�uat thereaf shall be d+eemed to be and be paid as Additianal Rant 9.Q3 I.�s�or Dama�e The L�essor shall nat bc liable for any deat� or iajury arising from ar out of say oa�arrence in, uporx, at ar relating to the City M'arloat, or damaga to property of ti�e T�ssee or of others located an the Lea�ed F�m�laes,�r �ell it be respoasihle for auy loas of or d�age bo �y property of ti�e [�seo �r others from any cauee whatsoe�vez, eoccept aYry such dtath, injur}', loss or damago results from the ncgliSence of the Lesaor, its ugents,servants ar employees ar ather persans for whom the I.e�sor is in law reapo��ble, Without limiting tha ge�erality of the foregoin,g,fhe I�essor shall not be liabla fior auY��Y or damage bn pea8ans or pxoperty resultiag fmm fnre, e�cPlos�on, fa�ling Plaster� steam� gas, electricitY, water, �aia, flood, snow ar leairs from any part aE t]se Leaeed Premiaes or from the Pip�, applianees, glumbin,g vvQZics,roof ar subs�rfec�af any flnor or ceiling or from the s#reet ar atry o�er place or other teaaats or persons in the City M�kst ar by occu�te of adjaaent property thae+eto,ar th+e publie�or c�ed by eoasttuetion or by a�ptxvate,public or quasi-public worlc AlI prope�ty of t�e Lessee loept or stozed ozX the Leaeed�remises�hall be sa kept or atared et thc risk of the Ixssee only and the Lessee s�all iademni,fy the Lessor�d eaGVe i.t ba.t�xJess from�any elaims arising o�t o£any damages to the seme,including,withont limitation, any subrogatian c[aims by the I,easor's insurera. In nn event sha]I the I,essor be liable far any iufnry to the Lessee,ite seivsats�a�.ts,amPloYees,cusfomers and inVitees ar far any in,jaty ar dsmage to the Lea�ed Preanises or to a�ry pz�rperiy of tb.e Lessee, or to any property of a� other parstm, finm or cvrporation on ar ahout t�c I,eesed Premisea caused by an intern�gtion,saspensi�on or#`ailure in the snpply O��1d�111b8#0 f�IG ZrESSCa Pl'C1bL9t.8. 184 Leasc far 5tall Space—City Madcet Qrilds Foods I.imiCodTll.i'1 Gelatn�Swat Shap 5ohedule`sC° -Pege 14- 9.Od Iniiemnific�tlan of tte Lesaor The Lesace w�71 indesnnify t�e Lcssor, and save harmless trom atxd againat any aud all aleims, actions, damages, liabt�s'ty and cxpease in carmection with losa of life,pereonal in�juiY aa�/or dama�e to propttty arismg from or out of az�y occ�urence in,�oa or at the Leased pnaiises,the cccupancy ar usa by the Lessce of the I,essed premises or atry gast therea� or occesioned wholty or in part by aay aci or ami�sion af the Lessae, ita agemts, eontraclors, amPf�Y�� , �censees, or concessionairea or invitees. In csec the I.e�ot�aball,withoni fault aa its part,ba made a party to azry lidgativn commeaced by or agsinst the I,�ssee, than the Lessee sball protect and hold it harmless aad sh�al!pay ail coets, expenses and solicitors'and counsel fees aa a solicitor and client basis ina�arod or paid try them in connectioa with such litigabion. AR�CLE X DAMAGE,DESTRUCTIOPF AND EXPROPRIATIQN ]fl.01 Tota!or Pardsl DestracHon af L,eaaed�remis� I� duriag the Teim, the I.eased Premises are �a�propriated oz totally or partially destroyed or dasnaged by eay cause in respect of wbich the Lessor is insuzed,t�e fallowing pmviqians sball have effa�t: a) If the Le�ed Piremises are rcndered partially unfit far occupaacy by the Lessee,G�Reat only shall ab� ia pazt only,in the proportion that tbs part of tha Leased Premises rendared unfit far occaps�cy by the Lessee bears to tlte whale of the I,eased Pc+emises or if the Leseed Premises a:e reude�ed wholly riafit for occupancy by the I.essee the R�t hereby reserved shall be suspeaded in aither event until the ciay following a reasonable period (kaking i�o accouat the extent of the Lessee's zestorarion)following complexi.an of the Lessor's restoration; b) NotwIthst�nding the provisioas of subl�BraPb ta)� if the Leaged Premisee in the opinian of tbe Ar�}iitect shall be incapable of being rebuilt and/or npaired or restored with reasonable d�ligcnct within 180 days of the happoning o£such des�ction or damage,then tbe I�essor may at its optia� taiminate t�is Lease by notice in writing to the I.essee givea witbin thiriy(30)dsys of the date af suoh destivctian or damage and in the ev�nt of such notice beiag sa givea this Lcas� shall cease aad become mill aa�d void from tl�e date of such destruction or damage sad ths Les�ee ahal� imut�iateiy s�u�ender the Leased Premises snd all intezest tbenein to the L,essor and the Rent shsll be appartioned amd shall be payablt by the I.essee on]y to the date of sucl�de�stcvction or demaga and the I,essvr m.ay�ntcr and repossesa tbe T.eas�ed Premi.9es discharged aP tb�is Lease; If the L�ad Fremises are capable of being rebuilt aad/or repa,ired or restored within 180 days o£the hap�ening of such damage or d�tsuctian er if within 4�e period�f thirty(30) days�f�errad bo in Se�Eion 10.01(b) the I.essor shall not gtve natice ��ru��+�$ this Lease, the T.esaor shall with �able peomptitude proceed tu xebuild and/or repair or restare ths Leased Prennises to tho o�ent of tha Lessar's repair obligakions undcr the Lease and the Leasee shall immedi,ately u�scro subst�ntial completion of the Lessor's work and, widtin a reasonable p�iod deterrmined by tha Lessor(given the extent of the Lessee's r�storation)complete the restoration of the I.eased Premises. T��c,�ttfficate of tb�e Architect shall hiud�e parties as W the{i)exbent to which tho Leased Premises are taafit far oc�aucy; (ii�tima r�quired bo rebuild�dioz repair or t�estore the L�ed Premise�sad(iai)due complctson of z�pairs. 10.42 Total.or parbial Deatrscdon of GYty Marl�et In the event tbat a substantial poxtioa af tile City Marloet shall be expropriated or damagad or des�vyed by fire or other cause, or in the event tho costs as estimafed by the Lr,ssar of repairing,reatoring or robuilding will exc�eed by 5250,000 or more the praceeds af ineur�ae available to the Lagsar, notwid�snding that the Leased Pre�nises may he uflaffecked,ar in the eveat the Lessor sha11 bave the nght, to be exat�cised by notice iu writing dalivered ta tbe I.essoc witiliu si�ctY (60) dsys S�om and after said occustr,ace,ta elect to ceacei and terrninate this I,ease. Upon the giving of such notice to tlLC Leagee,the Term o£this I,ease e�al] eacpae upon the third (3"`� dsy after such notice is given, aad the Lesaea eb�aU vacate the Lessed Fremises and s�urcadGr the same to the I.essor. 10.03 Ababement of�ent Notwithstandin�g aaything herain befiore contaiacd,all ehatements of Rmt set out in this Arlicle X shall be limited to an amoumt aqual to the amouat which the Lessor collects under any te�al iaeome inauran�. 185 Ir,�sefor Sta�Sper,e—GitY Mukat Childa Foods Limibedlli'l Gelato&Sw�e�Shop 5chedule"C' -Page 15- 10.Q�4 Erpraprlo�lon Aw�rds The Lessor and the L�see will ct�-aperate with ea�h other if these is an eapropriatian of all ar�t of the I,.eased Preati�as or the City Mmioet,so that oach may receive the maxiruum awand that it is catitled to at ]aw. To the exte�rt, howe�ver, tbat a part af the City Marlcet, ottirer tbaa the Leesed Premises, is exFropriabad,the full proceeda tbat ar�e paid ar awarded es a t�esuSt,will helong solely ta tha L�essor,and t.he LesAee will aesign to Wa Lessor any rights that it may havo or acquire in respcct of the pmceedings ar awards and wiil execube the docaim�ts r.hat the Lcasor xeasonably�equires in orde,r oo give effect to this ��, ARTICI,E 7�i STA'i C75 STATEMENi,SLTBORDINA'TION AND ATTO�NMENT �1.01 5tutua Statement Wifhin fi#fieea (1S) days af� request, t,Eue Lessee w111 sign atrd del�ver t�o tke Lcssor a status st�atemeat or ce�tificate,stating that thie Lease ie ia full fvroe end effect„any modiflcations to thia Leasa,the co�eencement aad expir�r date�s of t�is Leese,the dato to which Rent Bae l�een pa�d, th�amount af any prepaid Rent a�depo�ts hald by&e Leesar,wh�th�#here is any existing defxnit aad the pa�tiaulat�, and �xy athar iaformation required by the patty teqaesting i� 11.0� Power of Atborney The Lessee�ereby irrevocably agpoints the Lessor es the a#orney fir the Les�ee with full powar and authority to execute a�d d�liver m the name of the Lessce azty inat�vmeat�or�cates iequu+ed to catry ont the imernt of Scction 11.01 w�ich thc I.essee shall have fafled w sign and delivea'within fifteen (15)days sft,er tbe date af a writtea request by the L�as.�sor ta execu�be a�ch instrumeate. AR'I�CLE XII �uvs�s B��ssr� 12.41 Tran�fer De�ined `°lYansfiei"means,(i}an sssigament, sale,conveyance,subiease, ur othar dispositian of this Lease or tl�e 1.eased Premises, or eny part af them or ats}►interest in 4us Lease{whether by operatioa of law ar athea�wisa), ar ism a parEaerehip #het is a Lessaa under this Leasc, (i�) a mortgage, charge or debeada�e (flaatiag or ath�erwiee)ar other cacumUramice of this Lcase or the C�eased Premises or su�r part of tt�m,or of a�sy inLere�9t in ti�is Lease or af a p�tnetshcP,or P�'shig inberest,ivheae the parttraghip is a Lessee u�ar t�s Le�se, {iii) a partiug with ar shering of possession of all or part af thc Leased Premisas, and�iv) a te�nsfer ar issue by sale. ssaigaaaent, bequest, inheui�nca, operation of law or other disposition, or by aubscaiption of a[1 or part of the coxparate shares of the Lessee or�1"aff�.liato" (as that term is defined on the date of tb�i�Lsase under the Canuda 9us�ess Carporatianr.4ct)of H�a C�ssx which results in a cbange, in the e�ective vaRing ooc�brol of the L,essee. "Tra�osfero�" and"Trensferee"hava meeuings coaesponding W the definition of"Transftr"sot out above,(it be�g undarstood t�at for a'IY�ansfer descrr`6ed in clsuse(iv) the Transfaror i�tha paorson that has ef�ec#ive voting c�ntrol befare tlze Traasf�er eud ttre Transf�rce ia the peravn that has effective voti�g control a,Raer t�e Traasfer). 1ZA2 Consent�eqaired The LGS.s:se�will nok allow or cauae a Teansfer, without the priar writ4en canee�of ti�e Lsssor ia each instaaCO which consei�t may not bc u�a�ainly wi,thheld, Notwithstanding azry statutory praviaions to the cot�trary, Lesso�''s oonseat shall not be deemed to have beeta unreasonably withheld where Les9or refuses conserzt te a Tren�fer within twenty-faur (24) monkhs af either the Commenceuaent Dabe or a prLwious Transf�er. Withaut limiting she gene�ality of the fcmegaing,no Transfer sball be effective and no co�s�ant ahall bc give�tnxlesa the£ollowing proviaione�ve been complied wi#h; i. 'ihere is no defanit af the abligations of ihe Lesaoe under this L.ease; ii. 'I1�,e Lessee sball have given at least thirty{30)days'priar vvritten notice of tbe�+oposad Transfar�d tho effective date thereof to the Lessor; iii. A duplicate aniginal of the dacnmants affe�tiag the T't�e�er ehall bo given to the Lessor within thirty(30}darys a�Rer the eaecntion aad delivery�� 186 [.ea�e for stau space—Gtity n�r�et Qdlds Fooda lamitedll,i'l GeIet�dt Swect Shop Schcdule"C" -Page 16- iv. The Tsaasfia�,except in the case of a Tranafer deacribed ia Section�2.01�(iv),shall hava ass�ed in writing with the Lessor the due aad puactual performance aad abservemct of all the agrecmenis,ptovisions,covanants and conc�ioas hereof on tbe Lessee's part to be perfo�ed az abserved from aad aftor tha effectiva date aFthe Trans£ez, The Lessee aclmawledges that the factors governing the granting of the L.essnr's cansent to any Tna�sfer mey inclnde, without limi�ation, the restrictive clauises enbercd imka wit�► oil�er tenaata by the Lessor, the 8nancial backgraund, b�inase history and t]x capability of the prop�sed Traasf�+ee in the Lessee's line of business, �nd the nature of t�e business p�raeticea of the proposed Transfexee, The oone�t by ihe Lessor tn any Transfier aba11 not constitute a waiver of the necessity far such consent to aay subesquent T�ansfer. If a Traas£ex le�OS place,the Leasor may collect rent from the Trsasferea,and$p�ly the�amount collected to th�Reat herein teserved, but na snch actlon shall be deemed a waiver of the n�iremeat to obtaiu conseat or the acceptance af the Transferee as lessee, or a release of thc Lessee or any It�demnifiar fivom tho further performance by the I,essee of cor�euante oa tt�part of t�e Leseee hereia co�ned. Notwit$standing any Transfer, tl�e Les.see shall remain£ull.y lisble under thie Lease and ahall aot be rakased fiom perfornring any of the obligations of tlte L,essee under this I.ease. Any Tranafer, if cansenteci to by the Lessor, may at the Lessor's option be documented by the Lessar a ids solicitors,an�any and all l�al costs and the Lessar's then-standard fee wit�respoct theieto or to any documents reflecting the Lessor's cansent W tb.e TransEer shall be payable by the Lessee om demend as Additional Rent. iZ.U3 No Advertie�ng of Leased Y�rernlf�es The I.essee shall not print, puhlish,Post,disPlay or broadc�at any notice or advertisemeut to tha effect that tha L,eased Premisas are for lease or for eale os othervvise advertist the proposed sale or lease of the whole or any part of the Leased Premises snd shall not pennit any broker or otl�er pgrty Eo do aay of the foregoing,unlese the eomplete t�ext aad format of any such�i.ce,adve�rtisement or affer ie�t spproved in wrlting by the Lessar. Without in any way isestricting or limiting the Lessor's right to refuse aay trext or format oa otlur gi+ounda, aay text or fm�umt prapascd by thc L�essee s�all nnt coutain any re£e,r�ce to tbe rentat rate of the Leasesi Premises. AR7TCLE XIII DEFAITLT OF LESSEE 13A1 Right to Ro-Enter When a) ti�e Lesaee shall be in defauit in the payment of aay Rcnt whether lavvfully demandod or not and such default sball cantineie for a p�iod c�f frve(5}caase�tive days;or b} the Lessee aball be in d�fault of any of its covenanb,vbligations ar agreoments undcr thie Lease ar of any term or condition of this Leaso(ot�er tha�a ita covenant to pay Rent}and such defeult sball continue Eor a period of frfteGn (15) consecuh�e days or such longer ar shorber period ss thc I.essor,acting rcasonattly,de�tetmines after five(S)days written notice by tLe L,esaor to the I.essez epecifying with reasonable particalarity the nature af such defavlt and requiring the same to be xeme�ied; then and in any of sach case�the theu curx�nt mouth's Rem,to$ethec with tl�e Rtnt for th�thrx(3)montha �ext ensuing ahall immediately became due and payable,and at the optian of tbe 1.essox,the T�s e�all ba;om�e £orfeit�d aad void, and the I.essar may without aotive or aay fozm a�lagal procass �vh�ssoever forthwith re-efiter upon the Leased Pc�emises or any p�nt thereof in the name of tl�e whnle and nepossees and enjoy the same as of ifa former estata, anything cont�ined. in azry stawt� or law to tlie conasry �otwitbstaudittg,provided however,that euch forfeiture ahall be wholly without prejudia to th+e right of�ht Leasor to recover aisea� af remt or dasnageg 6or aay aatecedeat de�uit by t]�e Leasee of its coveaants, ob�ig�tions or agreeme�s under thas I.ease ar any tenm or condition of this Le�ase�nd pravided furtloer that aratwithstanding any suah forfeitura ihe Lsseor may subsequa�t3y rxover froan tho L,osseo damagee far lass of Rent suffered by reasoa of this Ixase 2�aving been prematuiely deternained. In addifion,the I.eBSOr Shell hav�the right to remove amd sel!the Lessee's goods and chattels and trade fixtures and apply the proceeds ti�ereof to R,ent due und�the Le,ase. 13.02 Right to R�Let Should the I.essor elect ta re-enber, as hercin provided, or should it take possession pursuant ta legal proceedings or puist�ant to any notiee pzvvide�for by law,it may eithcr tcrmiaate this Lease or it may from tinne to tia►e without tenmiaatiag this Lease,make such alteiations aad repairs as may be nocessary in order to ro-let the Leased Ptemises, and ro-let the L,eased Premises or any p�t thereaf as agent far the 187 �se�s�n s�—cuy�s�« Childe Foods Limited/Li'l Cit1aW&Sweet SSop SC�lti u.� '��7' Le�see fr�r such term ar terms (which may be for a t�erm extendsug beyond�e Term of thia Leasej and at such r�en�or re�tals and upan euch othcr tesais and conditions as the Lessor ia ita sole discration may cieam advisable;upan each r�let�ng all re�als rec�ived by the I.essor from such s�lcttivag shal!be appliad; fast, to th�e payment of a�sy iadebte,doess other than reat due hareunda &om the Lessee to the Lessar; second,w the repayment of any reasou.able costs sad ezpenses of such re-letting, including bmkera�t foes and salicitors' fees and of casts af such alterarians and rep�irs; ihird, to the paymeut of Renk due as the same may become due aad payable here�. If such R,eat receivead from su�� re-letting duriag aay month be leas than that to be paid during that month by ti�e I.essee hereumder,the Lessce ahell FaY si►Y auch dcficienoy to the Y�essor. Such deficiency sha11 be calculated eard peid moathly. No such re-entty or telds�g poasessirna of the l,eaaed Premises by the Lessor shaXl be constiued as aa elaetivn on its part to te,�inate 4ais Lease unlesa a written notice af such intention be givea to fhe lessee ar w4less the Gorminakion thereof be decreed by a couri of com�tent jurisdiction, Notwiitlastauding any such ro-letqng witl�rout termmation, the Leasaor may at any iime thereafter cleat ta terminate tiiia Lease £or such previa�a breach Should� Lassor at any time terminate thia i,ea,ge for any hreach, in addition to e�t otl�er remedi�es it may have, it may recover from tbe I.e�ee ali demages it may incur by reasoa a�euch breach, inclnding the oask of reeovering the Leased Psnmises, aad including the wozth at the time of such tesmination of the excess, if any,of the amowrt of Rent and charges eq►iivalent to Rent reserved'un thia Lease for the�r,maiader of tha Term h�+eof oves the then iessonable reatal valru of thc Ira�ed Promiaes �or the remainder of the Tean hereo£, ell of whieh amatmts shall be immediately due aad payable from tha Lessee to the Lcseor. Ia d�ermining the Rem which would be payable by the Leasee her�ier,subsequent to default,the snnual Rmt for ear,h year of the unelcpited Tortn sbsU be equal to the greater n� (a) tbe aveeage aaausl Gross R�ent and Per�ertaga Rent payablo by!he Lessee �rom the Cornmencement Date to the time of default ac c�uring t�o preceding ttn�ee(3) fu�caleadar years,wluchever period is shorter,and(b)Ciros�Rnnt payablo he�under, taget�er with atl Additioual Rent which would have been peyabla dming die calendar year m which this Lease was terminated,Imorated over a fttll calet�dar ye�,ifrequired. 13.03 Leg�l E:penses In case suit shall be brought for recovery o£pvssession of the J.eased Pzemi„ees,for the ncovcry of Res�t or sny otlser a�o�mt due under the provisiona of this I.ease, or because of thc breech of any otha covet�nt herein contaipted on tbe �t of the L.�ee tn be kept or perfarmsd and a breacli shall be established, the Lessee shal! pay to t�e Lessor sll expeases incurred therefor, iacluding �easaarable solicitocs' snd counsel fees on a aolicitor aad his client besis. 13.04 Ban1a'uPtcy Tb.a L,easee covenants and agroes tbat if tlte Tetm ar any of tbe goods and ctiattels of the Lessee on the I.eafled Premises s�al!bo at any time during the Term seized or taken in ezecution or attacbmant by aay credibor of the I.cssee or if a recerver,iaterim recaiver ot receiver aad znanagar is eppoi�ed 5or the�sate or busine�s of the isseae ar if the Lessce shall malce aay assigament for ttl�benefit of creditors oz a�+bulk sale or, becamiag banTaupt or insolvent, shall #ake the bes�efit of aay Act now or�ereafter ia for�e for bai�lnvpt ar ivsolveat d,ebtors vr if any order shall be made for the winding up of ttu Ix�, ar if the Leased Premisee shall withaut the writte�ccnsart af the Leseor become and remain vacaat for a period af fifLeen(IS)days, or be used by any other persons than such as are entitled to use them under the terms of this L,ease, or if the Lessee ahall without the written consent of thc Leasor abau�on or aiteuipt ta abandon the Leaseci Premdses or bo sell or diapose of gaods or chattele of the Le.ssce ar to remave tl�em or any Qf them fro�a tbe I,eesed Pre�isea sa tbat thare would not in the event of such abandonmant,sale or disposal be sufficient goods oa the L$asEd Premises subject�o d�stress to sarisfy the Rent ab�ova due or accruing due, thein and in eve�ry such case the then cunreat month's Rent aatd the next ensuring tbree (3) months' Kent sha1F immediately become due aad be paid aad the Lessar may re-enter and tak,e paesesaiou of ihe L�eased premises as though the Lessee or the aenrants of the I.essee or auy ot�er accupant of the Leesed Prcmises wero hold'mg over after �e e�qriration of t�e Term and the Teim sh�ll, et thc optian of the L,easor, immtdiately witi�oui any n�tice or apport�mity for cure ptovidad to the L,essee, become for&rited and determined,and in evary one o£tk�a cases above snch accelesatc3 Reut shall be�covcrebk hy the Lessor in the eame mann� as the Re�rt hereby reserved and if Rent were in arre�rs and the said option e�hall bc dectncd to bave beea exercised if the I.essor or its ageats given aotice to the Lesaee es grovided for hereia. 13.45 L�ssor May Perform Lesxee's Coreaents If the Y.essee shall fail ta perform any of its r.o�enants or ob}igationa under or in resped of this Lease, the L,easor may f�+om time bo time ai its discretion, perfrnm or cauae to be performed aay such coven�mts ar abligatia�ns,or any part therao�and for such puspose may do such thinss upon ar in ieapact of the Leased Premisea or ecry ps�t thereof as tbe Lessor may consider reqwiaite ar necessary. All eapenses incurred at�d expendiU�rea made by rn on behalf of the Lessar under this sectioa, toB�with an administrative fee equal to f fteeu{1 S%)pex�cent thereon, shall be forthwith paid by the Y.essee to the I.essar on demand as Additivnal Ren� 188 Leaae far Siall Space—City MaAcct Chiids Poods LimitedlLi'I Geletn&Swcat 5hop 5chedule"C" -Pag�e 18- 13.06 Wsiver of�:emptlon,e#rom Dlatreas D�pite aay applicable Act, legislation or any legal ar ec�uitable rule of law: (a) nflae of the tuventory,f�rnidxta,ecluipmd�t ar other properry at�►y time owned by the L[�ae ia exempt from distress; and(b}no lack of coaipliaace with any requixemeut conceming tho day of the week,time of day ar night, method of entry,Biving of nntice,appraising af goods,or anything eIse,will rendex any distress uniawfiil whero t�I�ee owes arrears of Rent at tho time o£the distrcss. 13.07 Remedies Camulative No referenco to aor exercise vf atry speci�c right or remedy by the Lessor will prejudice or preclude the I.easor from exercising or invoking axry othsr renaedq in respact thcreo�, wheti�er allowod at lew or eapressly provided fiar in this Lease. No such�medy wi11 be e�cch�sive ar dependent uopoa eny other such remedy, but the Lessor msy from timc to ti�me exercist aay onc or mpre of such remedieg indepeadsntly or in combination. AR.'ITCLE X,.-Y MIS�ELLA�iEOUS 14.D1 (?vorholding If H�e L�sseo�mains in possession of the I,eased Pnmises after ti�e end of the Term aad without tl�e execution aad deliveiy of a new lease,the�shall be no tacit restewai of this Leese and t�e Term hereby &raated,and tha L,easee shall be deemed to be occupying the Lea�d Premises as a L.essce from moath Uo manth s#momhly remt paysble in advance an the first day af esch mouth equsl to the swn ofi i. one aad one half(1 '/a)tim�th�e Gross Rent,I�aYable during the Iest manth of ths Term;and ii. oae-twel8h of the Additiw�al Retrt payable by the I.essee for It�e Lee.ga Year imcttediately preceding the last I.ea4e Year of the Teim; and othervvise u�on the same ter�me and c,onditicras as axe set forth in this Lea.u,eacept as to duratioa of Term,and any right of renewal mn�tis mutandis. 14A3 Suaessorr This�.,�ase appliea ta the successare and assigns of the Lessor ac�,if Atticle XII is complied with, the heirs, exe�utors,administrators and perm,ittcd suocessors and parmitted assigns of thc I.essce. If there is mnre t3�sa one pazty neme,d as Lessce,they are jointly and severally liahle undcr this T.ease. 14.03 Vl+atver Failw�e by the L,essor to require perPorma�ce of any term,covenaat or condition ltereia coatainod ahall not be dcemad to be a waiver of such berm,covenant or candition or of eny subsequent breach of tha seme or of aay oth�tr Uerm, oovenant or canditian heaein ca�tained. The aubsequent accaQtaace of Reat hereunder by the L,eseor shall not be deemed ko be a waiver of aay preced�ng breech of ttu Lessee af aay terEa,coveaaat ar candition af this Lease,othor tha�a the�ih�re of the Lcssee to pay the partic�]ar ra�t so accopbed,regardlesa of tt�e Lessot's knowledge of such precedi.ng breach at the time of acceptance af such R�ni. No covenant,tecm or condition of t�is I�ease shall be deemed to have been waived by the Ix�asos, unless such waiver be ia writing by tbe L�essor. 14.Q4 Accord aiad Sadsfattioa No payment hy tbe I�essee or receipt by the I.esaor of a lcsser amouat thaa the mcxithly Rent hezein stipulated sl�sll be deemed W be othor than on accvunt of the earliest stipulated I�es�t,zior stmll aay endcxsement ar statemeat or any cbeque or any letter accompanyiuqg atry cheque or payment as Re�be d�emed au accord and eatisfaation,and the Ueasor znay acccpt such chcqua or payment without prejudxce to the Lessor's right to recover tbe bal�nce o£such Rent or p�nsue any other remedy in this Lease provided. 14.Q5 Entire Agreement 'This Lease seL4 forth all the covenants, promises, a�eemeAta, coaditions and underetauditigs beiwetn the I.eseor amd the I.eeseo concenning the i�eased Psemises and t'hexe are�vo covmeats,Promises� agreemeats,conditiona or sepreseatations,eit}�er oral or written,between them other theui are harein aod in the seid sc�tadulas amd rid�, if any, set fortls. Except as herein otheewise provi�ed, ao �t alteration, a�nendment, change or addition ta this X�ase shall be binding upoa tbe I.essor or tkro I�essee ualese rec3uced to writing and signed by them. 189 I�ae for 5tal13pacx—Gtity Market Q�ilds Food9 IamitedlLiR GeleM10&Sweet Shop Schedule"C" -Pagol9- 14.06 No Partaex�Lip The L,cssor does not,in any way or far anY Purpose,becosne a partnea of tbe Lessee,ia th�e conduct of its business,or otherwisc,ar joint ventiu�et or a membar af a joint aiterprise with t�e Lessec. 14.07 Force MaJc�nre In the eveat t�at eitber party hereto shell be dclayad or hindered in or prcve�tr,d fram tha performaac� of nny act required here�tadcr by reasoa of strt�es, lock-outa, ]abavr troubles, mabiiity w pracure mat�rlala,faihma of power,xesb�ictive govem�llawe or regulations,riota,i�nrectioq war or other reagon of a liloe nature not tlie fault of the party delayeti in performi�ag wvrk or doing acts t�equi�ci uad�r t�e terms of'd�is Lease,d�en paforia�ance af such act ehall be excused for tha pariod of t&e de�ey and the geriod for the peaf'armastce of aay such act shall be eactendad fior a period equivelent ta tlae period o€ suclt de3ay. Notwitbstaading anything herein contaimed, the provisions of th�s Section 14.07 shall not operebe io �xcus� tk�e Les�ee from the pro�apt payment of Grass Reat, Addirional Reat or any other pay�eaats r�quired by the teirms af thss z�ase, nor eneiflo ctie I,essea to compeasation far aay inconvemcnca,rniiseace or discomfrnrt thereby occasioaed. 14.Q8 Notkes Any notice hereia prnvided or permitbed to be givm by the Lessee to the Lessar shall be sufficiently giveu if deliv�red petsonally to the Comman Clerk,or if hansmitted by tdecopier ar if mailed ia Canada,registesec�and Paet�ge Pz�aid, addresaed ta the Lessor a� CIO Tha Common Clerk,Tbe City of Saint John,P. O. Box 19'lI, 15 Market Square, Saini Johu,New Brunswfck, E2L 4L1.with a capy to R�1 F,state Services, The City vf Saint John, P. O, Box 1971, 15 Merket Square� Saint Jahu, New Bzw�awick,E2L 4L1,and any aaotice herein provided or permi�tted to be given by the Le�asor�o the I.essee shall be sufficiently given if delivered personally w the party bei�g given auch notice or to a respoasible e�ployee of tbe partY b�8 81van such nofiice, or if transmitbad by telecopier or if mailed in Caaads, regi�ered aad pustage prepaid, iddre�ed to the Leseee at the Leased Premi� at I�16 6xnd Cove Road,Samt John,NeR Brunaw[ck,E2M 5V8. Any such aotice given as a�r�said shaU be conclusively dee�m�od Ea have beea g,iv�on tl�day an wbick�such aotice is dolivered ox ttaneinitted ar on tb�third day fbei tl�re is pastal delivery following the day on wbdch such notic�ia mailed,sa ihe case may be. Eitl�er F�Y�Y at aay ticne give notice in writimg to the other of aay chaugo of address of the party Bivem auch notice an+d from and after the giving of such notice the address therein specified si�all be deemed to iaclude a�'request,ststement or other writing in this T,ease provided or permitted to be given by the I,essor tn th�e Legsee or by thc Lessae to tUe Les�r. If there is mare�an one party named as I-ass�nutice W one shall be deemad eufficieut as no�icc a all. 14.09 P�ce for Pa�rmcnt of Rent The Leasee s�all pay the Rent.Inch�ding all Additianal Rent, at the office of ths C,essor specified in 5ecttoat 14.08 or as such place or places as the Lessar may desiguate from tmne to ti�e by natice in writing:current]y fio the Casluer's Office, City Ha11,P. O. Box 1971, 13 Market Sqvsra, 58int John,New Bnmswicic,E2L 4L1. 14.10 A,pprovsl in Writing Wharaver tha I.essor's consent is required to be given heieund�er ar vvllerever the Lessor must gPPno'�e any act or per�ar�nancB by the Lessce,such conswt ar apprav�al,as the case may be,shsll be given in wtitiag by th�e I.essor before same and shall be deemed to be effective. 1�.13 Go�erning L�v The iJease is to be governsd by �d canstrued according to the laws of the Province of New Bruasw�ck. 14.12 Ciptione and Sectf.on Nnmbers The c�ptions, secliaa numbers aad article m�mbers appe,�ri�ag in this Lea.ge are in.4ertod oniy as a matter of conveuience and in no way deftne,limit,conshve or descn'be the scope or intent of such soctiops or articias or of this I.esse,nor m aQy way affact this I,tase. 14.13 Pa�rtialInvalldity lf any tertn, co'venant or condition of this Lease or tl�e applicafibn tbereof tfl aay perean or oircuu�ace ahsll, to any axteat, be in�alid or utienforceable, the remaiuder of thie T�se and/ar the application of such terna,oovenaz►t ar condition to pe�rsons or circumstances oth�r t}�n those ea to which it is held invalid or unenfarceable,shall not be affected thereby and each terms covensnt or coadition of thia Lease ahall be se�rately vaLid and enfiorceable to thc fixlie�t extent permiti�ed by law. 190 T,.taae��Isl!Spame—Ciiy Maxkst Chada Fooda L'aeeetr�ll..i'l Gelam�$weet 3hap S�ule"C" -Pa�e 7A- 14.14 No Optlon Tha submission nf this Le,sse for examination does not canstihite a reservation af ar option£or the Leased Prnanisas sad tbis L,ease beaomea e�ctive ae a I..ease anly upon exexu�iaa and delivery theraof by tha Lessor and the LesseE. 14.15 Time To Be of t5e F.esence Time shall be of tha eseence of thia l,ease. Ia.16 Qaiet E�oymcnt The I,essor cave,n�ats with the I.essee far yeiiat enjoyme�, 14.17 Riderr��d 9chedales Schedules attach�ed heneto f,arm part of this r,ea�c. 14.1� Rent Free Period Th�I.ea�ar an�tbe I,easee agree so iong as thc Lessee�a not ia defa�lt un�de�tha I.esse,the I�e�aee w�l not l�a reaponsible f�r Gra�a Rent for g periad o[iwo(2)monthi tirou�8nd indnding NLy 1,2013 ta and including dane 30,2013. U�lities,Fromotion F�ads/A+Iercha�ts'�►ssociation dues ara payable during f�e Rent Prce�eriod. 191 �CII��Fi,E`�D" RULES AN�REGULA�'IUNS 1. Alt loading aad�mlaading of goods ahall be dane only at such tunes,in the areas,aad throvgh t�e enfrances,deei�g,nated for such purposes by the Lmndlord. 2. T7iv de�ivery or shipping of inerchendise, supplies and fixtures to and from t1�e L,eased Pre,misea shaU bo subject to s�ck�contra�s as ia the judgcnent of th�Zandlord are�necessRry for tha proper opeiatian of the Lxasod Premi.ges aadlor the City Market. 3. All garbag�gnd refuea shall be kept in tf�e ldnd of cornainers spacified by the I.andlord and shall ffot be b�un.od in or about the Leasad Premi�as. 4. No radio, ielevisinxS telegraphic ar telephane or similar device aad no water pipe, gea gipe or electtic wire sball be installad or canu�c;te�i withaut obtaini�ng in each insta,uce t�re writben consent of the Landlord. All sucb com�ections s�all ba installed 'm accord�ce with the Landlard's direction tmd without such direction no boriug or cuttiag fo�wires or pipes s�all be permitted, 5. 'I'he Tenaat will be requi�d to remaia ope,n far btZSiucss as foliuws: a. Stalls shatl be opea for busiae�ss at al1 times while the market is open to the puialic. b. Ycar raund staz�da shall be apan for bnsiaess at a!I timrs while the ma[icc�is opea to t� public. 6. The phnmbing facilities shall not be used for aay other pnrpase t�a tfist for which they are intenaed, and nn foreiga subetance of any 1Qnd shall be#5rown�, and the ex� of aay breakage, stoppage or damage rosulting from a �violation af this�rovision shall be borae by the r�t. 7. 'The 'fGnant shell usc at thc cost of thc Tanant a aationally reoognized pest extermiaation cantsactor. 8. Tbe Teaant, its amplayees ar agents, sbali n+ot m�atk,paint, drill or in anY�Y��5'W� ceilings,pa�titions,floors,vwood,sbane or imn without ti�e wnttea cansent of t�a L�an�dlord. 9. Fsaccpt ae permittcd in tha lease to whioh the�se rules and regulations are aac►ea�ed,the Tensa#ahali not permit�y cooldng in t�e L�sod Fremises witt�out the v�ritteu conscnt af the Landlord. lU. Na aisle, sid$wallc, eatry, paasage�way, elevator or s�ase shell be obshucted or used by the Teaant, its officors, ag�asta,servants, e�tployees, conttaotats,cuskamers, invihaea ar'lieen�ees for �Y P�Pase other than ingr��s to and�gre,ss firo�na tl�e Leased Premises. 11. The TenaQt,its officers,agernts,sorvents, emgloy�xs,contractors, cuatnme�'s,invitEes or licen�ees shall s�ot b�ring ia ar fialce out, pasitioa, oonetruct, ins�ll ar move any sa�'a or other hesvy eqniPment or fatnimre without first abtainmg ti�e coasent m writing of the Laandlc�rd In givin$ such cos�nt, the Landlord sball �ave the ri�ht in its sole discreGioa, to prescn'be tha waight gecmitGed �nd the pos,ition thereo� and the use amd design of plan�s, skids or platforms to da.stdbut�t5e weigbt tkareo£ All damage doae to the Gity Market by movit�g or usiag any sueh eafe,h�eavy oqtupment or fumiture shall be rapeinad at the expense of the Tatant�Tho moving of all equipment and the furnit�e aball occur only during those haurs whar the City Mealcet ahall n�ot bo ogen far 6�uainess or aay ather rinxe consea�ed to by the landloid. i 2. All persan�s entering�d Leaviag tl�e buiiding in whic�the I.eased Fremi�es ere sitt�a0ed must do so daring k�aims the City Market is staffed by City Market emgloyees. The Laadlord at its �lo discreti�on may de�rnuen.e th�}►ourB t�e City Market is staffod.Teneui�abail regishar in boaks i£ea �+equised by the Landlotd when eccessing the Ivlsrket"af�c N�rkot houra°'. The Le:►dlord is wnder no responsibt�ity far�ilure to eaforce thie rule. 13< Tb�e T�ant�aal nat place ar caust to be plQCed eny edditional Laaks upan atry doors of the T�a�ed Pr�miaes without the agpnoval of t�e Laadlorti and subject to atty candition� innpo�ed by the Lanc�lord. 14. No oae shall use the Leased Pre�for sleepmg apartaaenls or residential putp�osee, or for�e sborage of peraoned effects or erhicles atha than those required for the purpa�es permit�d by tbe lease tv whioh the�c cules and xeguSation�a[�e aaaexed, 192 S�i�:�,DUL��`�" RU`'�.ES AN`.3�EGULA�fdNS Psge� 15. Subject to t�e I.andlrnd's providing such service,the Te�t shall pormit window clr�aers to cleaa the windows of the Leased Premises from tima to time and at reasonsble ti�cs. 16. Any haad ttncks,canSal�s or similar appliances used in ae�y bnilding iu the Shogpiag Ca�x+e sball ��1�PPed witit rubber teres,side guards sad suah other safeguards as tlne Land]ord s�ali require, 17. No animais or birds shall be bronght into tb,e I.eascd I're�mises ec�cept as permitted by the lease to which these rufas and s�egulations arc aanexe�cl. 18. Except as permutGed ia khe leasc to whicl�thcse nsles and regu3ations a�re amnex�ed,the T�eat sba11 nat pernut the delivery of any food or bcverage#o the Leased Premises without the agpro�al of tbe Landloxd. 19. Tl�e Tenant sl�sll not so}icit businesg ia the ctsmmon a�as or distdbute any bandbiIla or oth�r adverkieing matter in the armaion ereas or in autamobiles parloed in tha per�ag aer,us. Z0. The Taoant may oaly seLl merchandise that is �ppraved by t}�e Lmid.lord t�nougl� their lease or otherwise. 21. 'The Tenant shali aot keep or display any merchandise on or otherwise obstiuct the cvmm�om t�resa adjacant to the�.eased Pre�mises. 22. The'Tena�nt s�l aot use or pexsnit�y of the I.eased P��ises to fie usad in eucb.a u�aaner as ta ca+�amn,Qying noisea or nbxations or affensive odours. 23. The Tena� is respon�ibEe to re�nove ggrbage from th,cir premiees aad deliver to the enmpactpr dssi�ated by the Landlard ead t�place the garbage in the compactor. 24. A aet af pl� muat be presented and fi�e approval muet be given by the ]eudlnrd fvr aQy improvemente o�'paintivag,etc.to the stands(includiag signs}. 25, Merchandise,display�,shelv'es,etc,,are�t to exceed the height of t}xe bottam meat hoal�bazs on each atand. 26. I�Fo solid dividers ar�c to be plaeed betw�en die top aud bottnm meat hook�rs. 27. Displays underncat�,thc stan,da znast be set u�b"Qff tho floor on logs ar wheels so the flaor can be swept and washed down properly. 28. Coveas aie nat to be placed o�er machamdise on ataads without the prior approval of die Landlord. 29. Signage is to be in kaeping with the hist�ic character of the City Merket aad must meet the followiug critenia: Matcrisls: Wood attd�onnctsl ate oonsidered to be aPP�Pn�maaerials.Plastia�nay ba used provided that it looka 1i�e one of the aeceptsble materials.Inteinally-illumiaated plastic faoed bax szgne wil!nat 6e acceptabla; Number of Signs: Each t,�aancy will be permitte�one bench-tap si� on each bench(?'- 0°'length},ar o�ne protectin�sign an each aisle-aide that identiSea the busiaese by n�me snd type; 33each-tap 5igns: These e3gns are the prefett�ed primary farm af sigoage. Thgy mm�at be located lto 2 inches above the tap rail of the beneh, aad should displsy the busiwoss name.'Tlaey wi!!consist of a 8"high by 6'-0"long narmw band vf material with�a lettecing printed,� composad of iudividual rai�ed lett�s,or latteaing out rato the material aad psinttd s contrasting colour.The rear may not be used fnt signage ov�er anotlseir tenancy; P�jecting Signs: Projecting aigns may be used and shall �e cbnstruc#�d as t�wo-aidad ei�.T7�ey toay only be lacated ai a bcnc�post,and muat be rieidly fastened in plsce.Thoy ahalI be ver�cal ia proportifla. The *nAY�*m,+++ size for projecting signs shall be 1$" higb x 12" wis�. Only one per tesnaucy per aisle si.de ahall be permitted as Business ic3entificatioas; Lighted 3igaa: Not peimibped; '�emporaiy Sig�: Any number of signs advcrtising goods far sale, specials, etc.shall be permitted. They may nat atceed 8.5" x 1 i" in s's�e, and must not excessively obscura the view tlaough the bench bet�ncen the first and Iast rail ebove the bench 193 ��'� ��.��r n�� . ��.��.i. �� T�o City of$�iart Jdm iu��a abl�e 3a Z��r�-�f$��aha ad ho�etro d'affi�� o8'�_r C�btv�adoot Taoaoti a�y�dob�iaqt� �b�a¢��maQUai�s1. 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IICYe��at+dd��:ya�'��ii� Je ��•,�s��,;�„��,+m�ooac�odtc �a T�C�►cFB�t Jr�n�d�hvcxY t�, �;,"g�:a C�iiy af S�t�,�e l'�c�w ��' 1'�;:�ii,i,�i�e�pic�� l��3 alt��,�a��i��n� 7e g�;�otialr,aau��t��s +'�'��+►��$ua�aoon�t iw�ye do��c.�oo�,�#es on!s�i�pb ��. ��'�rn�r..+'_.+.Nn.,: -�.+...�,�.,...-Y.. 'r'�� .�� ,�l�a�i e la Vie�� T,�.i"�t'y a�'S�int�a1m�+��'�a� Th��ty o�a�t 1'oha��p�cts�o��o� s�.i it�+,�1l�, l�ay�;��::�a�Oa p�c��ti p+��1��,�d�c��. �'ooto i�t3�e�#c��ni� b�r�z��l��sod�nly�ar s�ra'��a� �.�+_�s��an�� ,�1��mo s��+�o, fi��d-��:. '�a�:e��B�b��a�c� '�olg'�q��C C��t�i�y1a� �C�.�i�r� b�'��nti'�R�ou�.c�� .��ar�G�ty�S�ii�loba t+o �,�s Ciiy a��a't�Jota a�,.ro+,,j•��m�,�q�i r�d i�i�t�m�. if yaa;bs;�►;�ny 3r e:c��Y�aw. ��+�nr�z��s qno�e�o�� t��t t��'��,g��r roat �;ra�,n�cd��c�tt�.�nodla�;n'b,�eL�� hr�f�e�6o flaU 552-1�4 a• a��Ot..��.�;6�2-1�7�:��c��,p b�t�tu ds� �t�a�►�,dt�o;�'��i��t�3��8�-?!SS(3, i'��:t;�,�;a�.��aat(��33c^�-2�6J. 195 iwOC1c1A��`� �:o. ��c� �-- �A�INT•K`�'�; .��"` I.� .�-- _.. ��: _ 27 Marclt 2013 City of Saint John 15 ARarket Square P.O.8ox 7971 SainrJok,n N.s. E2L 4I.1 Rc RockNOOd Par�Golf Couree�d Aqnatic Drtvt°8 Rauge Repo:t�r 2072 golfaea�on eubmrtbed pnra�am to a Contract betwce.n The C�y of S�t joLn�d Total GaIE Managemmt Inc.da6ed March 05.1999. , . _ Dear Ms.Gormley: W ithin this annual submission tn Common C:ouncil,please find a report from Total Golf Mauagement Lnc.to the City of Saint John whidi is being provided in accordance with Article IV(11)ancl IV(13)ofthe contract between the City of Saint John and Total Golf Management Inc. dated March 5,1999 inwlving the Rockwood Park Golf Course and Aquatic Driving Range. A singte attachu►era is p�rovided widz this letter.Modest fee increases are teqvired to offset significantly increasing costs.lt should be notecl that Yhe Junior and Student Category membership fees have not increased in 2tl13. The proposed fees are extremely reasonable when compared to the fees charged at either similar or lesser facilities in the Province of New Brunswick. The Aquatic Driving Range requires major renovations.lt may be best to develop an altemate site in 2013,with a proposed opening of a renovatecl or new site in 2014. TGMI hopes that this report is received favourably and filed by Common Council and that the proposed golf fees are approved. Respectfully submitted, ��T9�IlY President,Tota]Golf Ivlanagement inc. c�Andeew I.og�n 196 'I'O'�'AI.GOLF MANAGII►�ENY'INC. � TxE crrY oF s�nn�rr Joxtv Rackwood Parjc Golf Course and Ac�uatic Driving Range Aeport 197 Att�rhment to 1'GiVII Ldter dahed 27 Manch 20�3 Ar�mpliahmcnln/Enhanaemeute 2012('iolf Seanon. City staff conducted site visrts to assess TGMPs contractual perCormance. Feedback from the City to TGMI indicated tk�at it�s� comuliant with contract terms and conditions.Similar annual perFormance reviews have transpired each�ear since cornract signing. TGlvii continued to operate a Junior Golf l�rogram for many local youth between the ages of lo and t8 years. T'ha program l�as heen ofT�iered each year since 1995 and provides great value.The Program includes: i)A series of golf clinics and,in some cases,private instruction. 2)An Opening FieJd Day to kick aff Yhe golf season once school classes end. 3)A Club Championship wherehy Junior Club Cl�ampions are crowned. a)A C�osing Field Day in late Augvst. 5)An opportunity to play a lot of golf for a very reasonable annual fee,with few restrictions. Tl�ere were approximately 25,00o rounds of golf play��at Rnckwood in 20i2.The weather was exceptional and the qualky of the turf was also extremely good.Despite the great cveather and the great golf course tonditions,the increase in total usage numbers was up only slightly fmm 2011 w6en the weather conditions were poor tlu�oughout the entire golf season.Other local golf wurses are experiencing similar usage irencls and we collectivefy beEieve that the single main contributor to this trend is the ongoing strife in the iocal economy_ Many blue collar workers who regularly supported Rockwood in the past have moved from Saint John to wor�in western Cana.da.The total usage in 2q12 was more than 6,000 rounds less than in 2001 when there were 3�,000+tatal golf rouncts.Local businesses are l�opeful ofan imminent resurgence in the Local and Provincial ecaaomy! The Rockwaad Park Goff Course hosted the local iJnited Way Charity Golf Tournamern again in 20t2.TGMI vvaires all�een fee coata asaociated�vith this anaual Gvent oo to the annaal bottom linc of t}� .The lo�zevenne to TGMI fnr tbis'i�n-�d°commun�p aapport was more then S 3,_90�-tlp in?Al2.The golf course also continued to host many ather Charity golf touinaments and workecl diligently with tournauient organizers to ma�.-imize event£und raising. Several corporate golf outings were aLso schedulcxi throughout 2012.T'hese events allow TGIV{I to showcase this wonderful Gity asseY to local residents and visitors while they visit t4ie City of Sautt John,Ctuise slup passengers and cxew are regulaz customers at the Rockwood Parfc Golf Course and are widely complimernary ofthe quality and vah�e ofthe golfe�erience offered. Pmp�aredFee.&r�dmr (N'S7'r,cfix) .. ,-• -- GREEN FEFS LHST ema� �'he rack rate of$35.40 will not increase in 20�3_Special Senior greens Cees,Junior greens(ees,late afternonn fees,twilight fees and shoulder season fees will be offered at signif cantly reduceci prices. SEASON PASS FEES {HSTeat�) 2p12 2p ,�unior(lD-l8) $2$3.20 $2$3.2D Studem(attended a university or college full rime during the 2012/2ox3 school year) $393.$0 $393,gp Young Aduh(19-25} $508.85 S 531.00 Intermediate Adult(26 35} $G4G.00 $668.15 Mature Adult{36-59} $889.40 ,�',911.50 Senior restricted (60r cannot play before noon on Saturclays and Sundays) $668.20 $69p.30 Senior unrestricted(60+) E 792.10 $874.� 198 C�pital work/Plans for 2013 TGMI has completed signif�cant Capital projeds during it's 18 year tenure at the golf course at Rockwood.It was decided,however,during contrad negotiations in 1999 that there would be no reyuirement for Capital spending by TG�VII during the final S yeaxs of the agreement. Unfiomu►ately,there are a few immi�ent}�rojects which wi11 require either immeciiate atternion or they will fall into a greater state of disrepair. TGMI ofC�ers to meet with City st�ffto det�rmine if there is interest in rene�otiating aome of the teims and conditions of the c�rrern wmrnrt to address com�letion of needed Capital wark with TGMI's i�oh�mern.These Rrojects are in need of immedrate atte,ntion.Other assets will require similar action in the mid to leng term.It may be wise to plan to complete some Ca��,work ever�year to ensure that this greaflw im�roved Gily asset does not re�ress. A 1 2 The Aquatic Driving Range began operation in 1979.It was a uneque rar►ge and a real asset on the list of things to do for residents and visitors to the City. Golf equipment at that tine was beginning to evolve from small head woods and tiny irons to much larger metal woods and large cavity back irons. 'This evolution to snperior go�f'equipmem combined with improved professional instruction,professivnal cluh fitting and golf balls designed to#fy 15 to 20yards further,has]ed to goIfiers now driving golf ba1Ls mach greater distances.For e�earuple,in 1979 few golfiers could drive a golf ba11250 yards.Now,many,many players drive a hall more than 300 yarcis easily. In recent years,from an operational perspective,the ball collection activity at the Aquatit range bas become more diffic�h each year.Hundreds of balls are Iost daily as golfers drive them into the quagmire beyond the bootu(a location which golf shoYs rarely teached in 1979).The floater balls are aLso clriven to the left and right 6and sides of the hoom into rugged tcrrain,far beyond any distance that baills would travel when wmpare�to even 10 years ago. Ti�is situation has rendered#he Aquatic range,in it's curreut configuration,untenahle.As tbe cumulative effect of significant daily losses of floater balls creates low ba11 irrventory ie�vels,TGMi is unabie to ke.ep up with demand for bnckeks of floaters for customers on even the slowest business days. Total Golf Management began the 2012 golf season with approximately 1,200 dozea�loater balls.The cost per floater golf ball is more than $1.OQ each.Fewer tlaan 1,000 halls rema;n from the opening inventory in 2p12. TGMl recognizes that it is imperative to have a driving range near the golf course.T'GMI perceives that there are two good options which can be investigated..Fitst,the tee area at the Aquatic range could be moved back onto higl�er ground.Netting would theu Ue rec�uired along botb sides to 7)dircact balls more to the middle of the lake and 2)protect staff as they work either at the boat dock on the sonth side of the]ake or at the pump house on the north side.The second option,which is cansidere�the best option,is to develop an all$tass range with a grass tee deck on a small piece of land at the Howe's Lake lanclfill.TGMI has idezmified a very well suited area for a golf driving range at the closed landfill, during rece�sitevisits. TGMI of�ers to meet with City staff to discuss these,or other options,to deteimine if we can be of assistance in developing a suicable driving range site in 20�,ready for the 20Z4 golf seasan. 199 Ttte(.tity of Saint]ohn April 2, 2013 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole —Appointment Commissioner Growth and Community Development The Committee of the Whole, having met on April 2, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that effective on the earlier of June 15t, 2013 or upon the appointment of a successor to the position of Commissioner of Strategic Services, the position of Commissioner of Growth and Development be deleted from the City Establishment; that the position of Commissioner of Growth and Community Development Services be added to the City Establishment and that Ms. Jacqueline Hamilton be appointed to the position of Commissioner of Growth and Community Development Services upon her same terms and conditions of employment at a Group 9 and Step F in the Management Pay Scale. Sincerely, `'i`� Mel Norton Mayor �p � SAIN`F JOHN I'.O.Box 1971 Saint John,E�IB Canada E2L 4L1 I ww�,%saintjohn.ca I C.P. T 971 Salnt John, N.-6.Canada E2L 4L1 �� 200 Ttte(.tity of Saint]ohn April 2, 2013 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole — Peel Plaza Surplus Properties The Committee of the Whole, having met on April 2, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that Common Council direct staff to perForm a conditions report on the following properties identified by PID numbers 37341 (117 Union St.), 37333 (119 Union St.), 37788 (15 Wellington St.), 37796 (19 Wellington St.) and 37549 (76 Carleton St. / 31 Wellington St.) and further that the five properties be declared surplus and that a call for proposals be issued for the former synagogue and another for the remaining properties. Sincerely, -';d� Mel Norton Mayor �p � SAIN`F JOHN I'.O.Box 1971 Saint John,E�IB Canada E2L 4L1 I ww�,%saintjohn.ca I C.P. T 971 Salnt John, N.-6.Canada E2L 4L1 �� 201 Ttte(.tity of Saint]ohn April 2, 2013 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole —Acting Commissioner of Finance The Committee of the Whole, having met on April 2, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that, in the absence of the Commissioner of Finance, appointment to the position of Acting Commissioner of Finance is hereby made of Cathy Graham, in accordance with their respective availability and the matters anticipated to require attention in the Commissioner's absence, with the City Manager to administer the arrangement. Sincerely, ''�i`� +( Mel Norton Mayor �p � SAIN`F JOHN I'.O.Box 1971 Saint John,E�IB Canada E2L 4L1 I ww�,%saintjohn.ca I C.P. T 971 Salnt John, N.-6.Canada E2L 4L1 �� 202 Ttte(.tity of Saint]ohn April 2, 2013 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole —Job Description — Common Clerk The Committee of the Whole, having met on April 2, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that, Common Council approve the submitted job description for the position of Common Clerk. Sincerely, ��/� f Mel Norton Mayor �p � SAIN`F JOHN I'.O.Box 1971 Saint John,E�IB Canada E2L 4L1 I ww�,%saintjohn.ca I C.P. T 971 Salnt John, N.-6.Canada E2L 4L1 �� 203 ��.� ��- _ // � � d � `SI — �'t,if . � / - " �. �,e tis�'1[:lt�t '�� • 'E ► � ,�� _r� � i '� _ � . � � 1 �' Common Clerk,Legisfative 5er�ices Salary: Management Group 7 Scape of Work As a member of the senior management team reporting through the City Manager's office,strategically lead the organization in being a high performance public service—one that is service-i�ased,customer focused and resource tonscious,and accountabfe. As a mernber of the Legisiative Services team,ensure the collaborative and collective management of the arganizatian by promoting change and innovation,fostering a culture around providing quality customer service,achieving results effi�iently, building high performance teams,and enabling others to act. As Cammon Clerk and manager of the Common Clerk's Office,provide strategic leadership in nurturing a positive, praducti�e and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers(public and internal). �he offce of the Comman Clerk supports the organization in achieving its service goals by supporting the governance and the decision making processes of the Mayor and Common Counci!and ensuring compliance with relevant legislation, bylaws and proceclures.The Common Clerk assists the organization in achieving the corporate objectives by ensuring the availabifity of accurate and timely official information and advice to senior management,Common Council,external governance agencies, boards, committees,and the public. The Cammon Clerk service as the official link between Cauncil and the public and is the custodian of the corporate seal and official signing officer for the City.A icey focus for this role will be to facilitate the achievement of organizational effectiveness and efficiency by directing the development, maintenance,control and protection of the permanent and official records of the City of Saint JoF�n. Key Result Areas As a member of the senior management team, Enhance tF�e ability of the City of SaintJohn to fulfill its service mandates;working caflaboratively across the organization to ensure service delivery continues to address the needs of the community and is effi�ient. • Consider Councii's priorities in recommending corporate strategic priorities and directions for the organization and evaluate the extent to which progress is being made to ensure service delivery is cus#omer fotused and resource conscious. . Ensure that Common Council,through the City Manager,is provided with professional advice and options concerning emergirzg issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes,and changes to service delivery to ensure Common Council's priarities and corporate objectives can be acfiieved. • Endorse and provide leadership in the implementation of majar arganizational policy changes and other key initiatives;effectively communicating opportunities and issues impacting the organization across all service delivery areas. Common Clerk Positian Profile{March 4,2013J 204 1 �� I -i I �' � • ! I — � � ✓ i f ! '� 'tI ,\ .�. r - - `-' �1��, � ,�, , � 1, •� � , �. L u ' .��` �+' ' � . � 1 . � ��' .h �,`� ! � `� 1 • • Champion a service-based approach to the operating and capital budget pracess that incorporates long- term planni�g and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation,the Cit�s agencies,boards and commissions(ABCs)and other organizations that share a tommitment to the sustainable development of Saint John and the delivery of quality public service;ensuring there is alignment between the activities of these organizations and Council's priori#ies. � Strategically build organizational capacity to achieve corporate objectives through analysis,coordination, and innovation. • Encourage personal and professional development activities that foster a culture of collaboration and creativity;focusing on building relationships across the organization,external agencies(including ABCs), other levels of government,and the public in support of a positive,productive and collegial workforce. As the Common Clerk, build, lead and rrtanage teams of professional,technical and administrative employees who deliver service in the areas of Council governance and procedures,corporate records and information management,and right to information and privacy: • �oster a commitment ta quality customer service in the delivery of municipal services;ensuring caurteous,knowledgeable,and responsive interactions with citizens that help to demonstrate the value of public investments(tax dollars)into the community. • Provide balanced direction and attention ta all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery,working with service areas across the organization as required,to more effectively and efFi�iently achieve community and organizational goals. • Fulfill regulatory requirements of the posifiion in actordance with all relevant legislation that affects the City including municipal 6ylaws, Municipalities Act, Municipal Elections Act,Privaty and Right to Information,Archives Ad and appiicable policies and bylaws that govern the City's records management func#ions. • Ensure service objectives,policies and systems are aligned to efficiently address community needs. . Act as a lead contact with relevant City agencies,board and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives;ensuring services can f�e delivered effeGtively within available resources. + Demonstrate accountability for service results by ensuring ciear outcomes for service delivery are established, performance is measured and publically reported,and ser�ice improvement strategies are implemented. Common Clerk Pasitian Profile(March 4,2013) 205 2 �'' � � � � . _ . e - ';;; . R, - ' �, :�� '•.� ! ti � � , ` E . .` `_r�„ . . _ = • !z � ' , ,.• - �� 1�' ,� �! ,..�.� • Facilitate the achievement of strategic corporate objectives by ensuring the avai(ability of accurate,timely official information and advice to senior management,Common Council,external government agencies, boards,committees,commissians and the public;by providing advice on procedural and legislative matters;and directing administrative support to Council and community agencies, boards and commissions. • Enable the governance,structured debate and decision making processes of Common Councif and its committees in compliance with relevant fegislation,bylaws,and procedures. • Direct effective administrative support to the Councillors and Committees of Caur�cil,by overseeing the preparation of cammittee agendas, minutes, reports and researthing historical matters. • Act as the official s+gning authority on behalf of the City and custodian of the corporate seal. • Support staff of ali service areas and agencies in achieving their operational mandates through the provision of timely, complete and accurate Council/Corporate information by:ensuring departmenta! recards and document management systems,and related policies, methods and procedures,meet or exceed professional and legislative standards and operatianal requirements;ensuring�ompliance with all iegislative/bylaw requirements;and providing support to strategic management initiatives by serving on and/or leading project teams and implementing information management sofutions with corporate implications. • Optimize the utility and availability of the official information resources of the City of Saint John to the Cornmon Council and the public by:developing and reviewing strategies and policies En accordance with identified needs of Common Council and the puhlic;developing and maintaining a formal EDMS and related policies and procedures consistent with the needs of the Council and{�ublic;ensuring the deveiopment and maintenance of cataloguing,archiving,indexing and retention poli�ies and procedures to aid timely and accurate attess and researcF�;and investigating and recommending areas for continuous improvement. • Support and develop employees through effective departmentaf leadership 6y modeling organizational values;setting and�ommunica#ing clear perfarmance expectations;providing a safe,quality,moti�ating work environment; managing employee training and development,and resolving issues,sensitively, confidentially,effectively and in accordance with organizational industrial relations practices. • Ensure the financial integrity and functioning of the Office by planning, creating and monitoring the annual Operating Budget. Service Areas of Responsibility • Countif Governance and Procedures Common Cierk Position Profile(March 4,2013} 206 3 �� . ' � � S d � . - . • ,., _ , I , ` j '�'�,'aa�':lenr�.' .�r ;�, �- :�� -f �` ' � � ,) "r`. �-/��` ,'. � '/ ♦ • j �'� � .ay � 1 :i � � A 1 � • Records and Information Management • Right to Information and Protection of Privacy Essential Qualificatlons Certification: 7he incumbent should possess an appropriate professional designation or certification that will add value to the strategic nature of the position and support servite delivery. 6cperience: A minimum pf five years of progressively responsible and relevant experience in government or a large corporatEOn is essential_ Educatior�: A university degree,preferable at the graduate ievel(i.e.,Masters degree), in a related discipline is required. Competencles As a member of the strategic leadership team the incumbent must derr►onstrative the following competencies= Strategic Leadership: Developing and inspiring commitment to a vision of success;supporting,promoting and ensuring alignment with the orga�ization's vision and values. More specifically,the incumbent provides feadership in the development of the vision and strategic objectives for the organization and aligns change initiati�es with organizational values. Customer-Focus: Identifying and responding to current and future public needs;providing service excelJence to both internal and externa!customers. More specificafly,champions a strategic directian of being a customer- focused organization. Accountabiiity: Understanding scope and responsibility in tl�e delivery of public service. More specifically,charts the future direction of major components of municipal service and ensures alignment with strategic direttions set by Common Council as well as stewardship of the best long term interests of the community. Collaboration: Building working relationships with others{including internal and external)to achieve common goals and pasitive results. More specifically,the incumbent facilitates collaboration across the organization and with other organizations. Innovation:Questioning status quo,exploring alternatives and responding to challenges with creativity using intuition,experimentation and fres� perspectives. This involves encouraging ieadership and fostering creativity in others. More specifically,develops an environment that nurtures creative thinking,questioning and experimentation_ Resalts-Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Common Clerk Position?rofile(March 4,2013) 207 a �. � � d . � . .� �. v�` � �' ti=� %,` � � •- ' � j '�'�I ' r �-�• :� "� '.•; y��i ar _ � _ `_ 1 Campliance: Follows arganizational and securi#y palicies;maintains�onfrdentiality and protects business information;and maintains required corporate records. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a coilaborative and productive workplace. More specifically,the incumbent communicates strategically to achieve specific objectives_ Inffuence: Gaining support from and convincing others to advance the objectives of the organixation. More specifically,the incumbent designs strategies that position and promote ideas and concepts to stakehofders. Developing Others: Providing a supportive environment for ent�anced performance and professional growth ta foster the development of others. More specifically,the incumbent creates a contin�ous learning environment ensuring there are opportunities for growth and development. Common Clerk Position Profile(March 4,2013} 208 5