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2014-03-18_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, March 18, 2014 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of February 24, 2014 2 - 3 2.2 Minutes of March 3, 2014 4-13 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Public Information Session: Hillcrest Drive - Street Reconstruction 14-16 (Recommendation: Receive for Information) 5.2 Public Information Session: Prince William Street (Princess Street and Duke 17-19 Street) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation: Receive for Information) 5.3 Lease of Roof Top — Saint Patrick Street Pedway (Recommendation in Report) 20-34 5.4 Saint John District Labour Council - Day of Mourning Proclamation Request 35-37 (Recommendation: Prepare the Proclamation) 6. Members Comments 7. Proclamation 1 Powered By; $ &1BE' 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Zoning ByLaw Amendment and Section 39 Conditions: 1942 Manawagonish Road 10.2 Third Reading Zoning ByLaw Amendment and Section 39 Conditions: 811 Grandview Avenue /220 Champlain Drive 10.3 Third Reading Zoning ByLaw Amendment 362 Charlotte Street West 11. Submissions by Council Members 11.1 FCM Update (Councillor Farren) 11.2 Health Care Savings for the Province of New Brunswick (Councillor MacKenzie) 12. Business Matters - Municipal Officers 12.1 Engineering Inspection Services 2014 12.2 Borrowing Resolution 13. Committee Reports 13.1 Saint John Parking Commission - Traffic By -Law Fines (Tabled on March 3, 2014) 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from New Brunswick Dental Society 15.2 Letter from Marigold Committee - Guiness World Records Certificate 16. Supplemental Agenda 17. Committee of the Whole 17.1 Memorandum of Agreement No. 7 - Local 486 17.2 City Solicitor: Water Run Off and Fire /Service Lanes 18. Adjournment 1 "e 41 -43 44 -45 46-46 47-47 48-49 50-52 53-58 59-59 60 -61 62 -63 64 -65 City of Saint John Common Council Meeting Tuesday March 18, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4)(b) 1.2 Fleet Update — City Manager (Tabled on March 4, 2014) 1.3 Land Matter 10.2(4)(d) 1.4 Employment Matter 10.2(4)0) 1.5 Financial Matter 10.2(4)(c) 1.6 Legal Matter 10.2(4)(f,g) 1.7 Port Saint John Presentation (Mayor Norton) 1.8 Labour Matter 10.2 (4)0) LTD Proposed Agreement (Report to Follow) The City of Saint John Seance du conseil communal Le mardi 18 mars 2014 18 h Salle du conseil Comit6 pWnier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la seance publique 16 h Salle de conference, 8e 6tage, h6tel de ville 1 Approbation du proces- verbal — alin6a 10.2(4)b) 2 Mise a jour relative a la flotte — Directeur g6n6ral (point report6 de la reunion du 3 mars 2014) 1.3 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.4 Question relative a Pemploi — alin6a 10.2(4)j) 1.5 Question financiere — alin6a 10.2(4)c) 1.6 Question juridique — alin6as 10.2(4, g) 1.7 Pr6sentation du port de Saint John (maire Norton) 1.8 Question relative au personnel — alin6a 10.2(4)j) — Projet d'entente en mati&re d'invalidit6 a long terme Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 24 f6vrier 2014 2.2 Proces- verbal du 3 mars 2014 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 S6ance informative publique : Refection de la promenade Hillcrest (recommandation : accepter d titre informatif) 5.2 S6ance informative publique : Renouvellement de la conduite d'eau principale, de Ngout sanitaire, des 6gouts pluviaux et travaux de r6fection de la rue Prince William (entre la rue Princess et la rue Duke) (recommandation : accepter d titre informatif) 5.3 Location de la toiture - terrasse situ6e sur la passerelle de la rue Saint Patrick (recommandation figurant au rapport) 5.4 Conseil du travail du district de Saint John — Demande visant la proclamation d'un jour de deuil (recommandation : pr6parer la proclamation) 6. Commentaires presentes par les membres 7. Proclamation 8. De16gations et pr6sentations 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 Troisi6me lecture de la modification de 1'Arret& de zonage et des conditions impos6es par Particle 39 visant le 1942, chemin Manawagonish 10.2 Troisieme lecture du projet de modification de 1'Arret6 de zonage et des conditions impos6es par Particle 39 visant le 811, avenue Grandview /220, promenade Champlain 10.3 Troisieme lecture du projet de modification de 1'Arret& de zonage visant le 362, rue Charlotte Ouest 11. Interventions des membres du conseil 11.1 Mise d jour relative d la Hd6ration canadienne des municipalit6s (conseiller Farren) 11.2 Economies en soins de Sant& pour la Province du Nouveau - Brunswick (conseiller MacKenzie) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Services d'inspection d'ing6nierie 2014 12.2 R6solution en mati&re d'emprunt 13. Rapports d6pos6s par les comit6s 13.1 Commission sur le stationnement de Saint John: Amendes donn6es conform6ment a 1'arret& concernant la circulation (point report6 lors de la r6union du 3 mars 2014) 14. Etude des sujets 6cartes des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 Lettre revue de la Social dentaire du Nouveau - Brunswick 15.2 Lettre revue du comit6 sur les soucis des jardins — Certificat de record mondial Guinness 16. Ordre du jour supplementaire 17. Comite pl6nier 17.1 Protocole d'entente ri 7 — Section locale 486 17.2 Avocat municipal : Eaux de ruissellement et voies r&serv6es aux pompiers /de service 18. Lev6e de la s6ance 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 24, 2014/LE 24 FEVRIER 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — February 24, 2014 - 5:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, and Norton. Regrets: Councillors Reardon, Strowbridge and Farren - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; Kevin Rice, Deputy Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner Growth and Community Development, A. Poffenroth, Deputy Commissioner Growth and Development; K. Clifford, Fire Chief; P. Anglin, Acting Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order. 2. ZoneSJ Public Feedback Report and Draft Zoning By -law for Translation J. Hamilton introduced the presenters for the Zone SJ Report, Mark O'Hearn and Stacey Forfar. On motion of Councillor McAlary Seconded by Deputy Rinehart RESOLVED that the Report entitled, Zone SJ Public Feedback Report be received for information. Question being taken, the motion was carried. On motion of Councillor Lowe Seconded by Councillor McALary RESOLVED that the draft Zoning By -law be referred to the City Manager for translation in preparation for the formal adoption process to commence summer 2014. Question being taken, the motion was carried with Councillor Fullerton voting nay. 3. D. and J. Griffin Letter re Red Head Property On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the letter from D. and J. Griffin be received for information. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor MacKenzie Seconded by Councillor Merrithew Resolved that the meeting be adjourned. The Mayor declared the meeting adjourned at 7:30 p.m. 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 24, 2014/LE 24 FEVRIER 2014 Mayor / maire Common Clerk / greffier communal 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 3, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; B. Keenan, Engineering Manager; J. Hamilton, Commissioner of Growth and Development; A. Poffenroth, Deputy Commissioner Growth and Development; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Greg Dakin of the First Wesleyan Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 17, 2014 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the minutes of the meeting of Common Council, held on February 17, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items: 16.1 Owner's Engineer— Safe, Clean Drinking Water; 16.2 Sustainable Service Review; 16.3 2014 World Women's Curling Championship; 16.4 Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation; 16.5 Saint John Parking Commission — Traffic By -Law Fines; 17.1 Recommended Appointments to Committees; 17.2 Fluoridation of Water— 2014 Operating Budget; and 17.3 J. Bezanson re Retirement Pension. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The Mayor declared a conflict of interest with item 17.3 J. Bezanson re Retirement Pension. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2014- 13: Consulting Engineering Agreements with GENIVAR Inc.: Common Council authorize the following Agreements be assigned from GENIVAR Inc. to WSP Canada Inc.: 1. Simms Corner Reconfiguration 2006- 083609P. 2. Milford Storm Sewer Separation Projects 2010 - 0836 -F. 3. Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment 2012 - 091501 P. 11 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 4. Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction 2012 - 0836 -B. 5. Duke Street (Wentworth Street to Crown Street) Street Reconstruction 2013 - 091507P. 5.2 That report M &C 2014 -15: Reimbursement of Costs for Remedial Actions - Unsightly Premises and Dangerous Buildings and Structures By -law, be received for information. 5.3 That the Saint John and Western District Crime Stoppers request for funding be approved for $500.00. 5.4 That the request from the UNBSJ African Caribbean Society at UNBSJ for sponsorship be approved for $300.00. 5.5 That the letter from J. Williamson Letter regarding Partridge Island be received for information. 5.6 Refer to 14.1 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.6 which has been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 World Plumbing Day - March 11, 2014 The Mayor proclaimed March 11, 2014 World Plumbing Day in The City of Saint John. 7.2 Nutrition Month - March 2014 The Mayor proclaimed March 2014 Nutrition Month in The City of Saint John 10. Consideration of By -laws 10.1 Third Reading Traffic By -Law Amendment re Bike Routes On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" amending Section 18 by adding subsection 18(3), adding Schedule M -3 and amending Schedule K — Truck Routes, be read. Question being taken, the motion was carried. The by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" amending Section 18 by adding subsection 18(3), adding Schedule M -3 and amending Schedule K — Truck Routes, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto ". Question being taken, the motion was carried. 11.1 Recommendations for Proposed Signage By -law (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that item 11.1 Recommendations for Proposed Signage By -law (Councillor McAlary), be referred to the City Manager. Question being taken, the motion was carried. 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 9.1 Staff Presentation - 1942 Manawagonish Road 9.1.1 Proposed Zoning ByLaw Amendment - 1942 Manawagonish Road 9.1.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from "RF" Rural to 1 -1" Light Industrial with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 1942 Manawagonish Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from "RF" Rural to 1 -1" Light Industrial, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from "RF" Rural to 1 -1" Light Industrial, be read a second time. X 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Staff Presentation: Zoning ByLaw Amendment 811 Grandview Avenue /220 Champlain Drive 9.2.1 Proposed Zoning ByLaw Amendment - 811 Grandview Avenue /220 Champlain Drive 9.2.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1080 square metres, located at 811 Grandview Avenue /220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from "B -2" General Business to "RM -1" Three Storey Multiple Residential with letters of support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 811 Grandview Avenue /220 Champlain Drive as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Ronald Larsen presenting. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1080 square metres, located at 811 Grandview Avenue /220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from "B -2" General Business to "RM -1" Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried with Councillor Merrithew voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1080 square metres, located at 811 Grandview Avenue /220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from "B -2" General Business to "RM -1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried, with Councillor Merrithew voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Staff Presentation: Zoning ByLaw Amendment 362 Charlotte Street West 9.3.1 Proposed Zoning ByLaw Amendment - 362 Charlotte Street West 9.3.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1970 square metres, located at 362 Charlotte N 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from "IL -1" Neighbourhood Institutional to "R -2" One and Two Family Suburban Residential with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 362 Charlotte Street West as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1970 square metres, located at 362 Charlotte Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from "IL -1" Neighbourhood Institutional to "R -2" One and Two Family Suburban Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1970 square metres, located at 362 Charlotte Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from "IL -1" Neighbourhood Institutional to "R -2" One and Two Family Suburban Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.4 Staff Presentation: Section 39 Amendment 229 -231 Churchill Boulevard 9.4.1 Proposed Section 39 Amendment - 229 -231 Churchill Boulevard 9.4.2 Planning Advisory Committee Report Recommending Section 39 Amendments The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions imposed on the September 14, 1998 rezoning of the property located at 229 -231 Churchill Boulevard, also identified as PID Number 55096440, as amended on December 4, 2000, to amend or delete the conditions concerning the operation of facilities with a liquor licence with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 18th, 2014 meeting at which the committee recommended that Common Council approve the proposed amendment to the Section 39 conditions for the subject site. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Stephen Tobias presenting. 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that Common Council amend the Section 39 conditions imposed on the September 14, 1998 rezoning of the property located at 229 -231 Churchill Boulevard, also identified as PID Number 55096440, as amended on December 4, 2000, by deleting conditions (a), (b), (c), (d) and (e) and replacing them with the following: (a) That the subject property be limited to one facility with a lounge liquor license for a period of one year from the date of adoption of this resolution; (b) That the size and capacity of the facility with a lounge liquor license be limited to the existing pub and the proposed approximately 85 square metre expansion for a period of one year from the date of adoption of this resolution. Question being taken, the motion was carried. 11. Submissions by Council Members 11.2 Ward 1 Mid -term Ward Meeting (Councillor Norton) On motion of Councillor Norton Seconded by Deputy Mayor Rinehart RESOLVED that item 11.2 Ward 1 Mid -term Ward Meeting (Councillor Norton) be referred to the City Manager for a report on the process to organize Ward meeting(s) in the September / October 2014 timeframe. Question being taken, the motion was carried with Councillor Fullerton voting nay. 12. Business Matters - Municipal Officers 12.1 Greater Saint John Community Foundation - Flow Through Funding Pilot Initiative On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -16: Greater Saint John Community Foundation - Flow through Funding Pilot Initiative, Common Council support the recommended Flow through Funding Pilot Initiative in partnership with Greater Saint John Community Foundation and Pulse Inc. to be implemented in 2014 for a community project in Rainbow Park. Question being taken, the motion was carried. 12.2 Peel Plaza Surplus Properties On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that the City Manager be directed to prepare a draft Expression of Interest document with credit requirements, timeline requirements and quality development requirements for the four (4) surplus Peel Plaza Properties, identified as being #37341 (117 Union Street), #37333 (119 Union Street), #37788 (15 Wellington Row) and #37796 (19 Wellington Row). Question being taken, the motion was carried. 13. Committee Reports 14 Consideration of Issues Separated from Consent Agenda 14.1 Request for Disbursement of Loan On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart 9 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 That as recommended by the City Manager in the submitted report Request for Disbursement of Loan pursuant to the provisions of the Combined Loan and Grant Agreement between the City and the Federation of Canadian Municipalities regarding the construction of the Police Headquarters: The City's Treasurer be authorized to issue and sell to the New Brunswick Municipal Finance Corporation a Municipality of Saint John Debenture in the principal amount of Ten Million Dollars ($10,000,000.00) on such terms and conditions as are recommended by the New Brunswick Municipal Finance Corporation and that the Municipality of Saint John agree to issue post -dated cheques payable to the New Brunswick Municipal Finance Corporation as and when they are requested in payment of principal and interest charges on the above Debenture. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 16.1 Owner's Engineer — Safe, Clean Drinking Water Project On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that solely for the purpose of facilitating the processing of payments by the City to CBCL Limited under the terms of Agreement between CBCL Limited and the City for the former's provision of engineering advisory and design services as the Owner's Engineer — Safe, Clean Drinking Water Project, and without altering the said agreement, Common Council establish the amount of $4.5 million plus HST over the next 4 years as the estimated cost to the City under the terms of the said agreement. Question being taken, the motion was carried. 16.2 Sustainable Service Review On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report Sustainable Service Review, Common Council adopt the following resolutions as part of a Sustainable Service Delivery Review process: 1. Council will identify service adjustments for the 2015 operating budget that will allow for a sustainable reduction in the tax rate and /or allow Council to redirect realized savings to priority services; 2. City departments will identify for Council discrete service level options, in full consideration of Council's priorities, based on two objectives — 1) spending levels frozen at the 2014 level and 2) spending levels capped at the 2014 level with an assumed 2% inflationary increase; 3. That future (2015 and 2016) City of Saint John contribution levels for member commissions of the Regional Facilities Commission and Regional Services Commission will not exceed the lesser of actual requirements or 2014 contribution levels and further that the City representatives on the Regional Services Commission, Regional Facilities Commission and the respective member agencies be directed to ensure full compliance with this policy; 4. In light of the magnitude of the annual financial subsidy being provided to the Transit Commission, that the Commission be directed to model discrete service delivery options based on 2014 spending cap for 2015 and 2016, consistent with the policy direction of PlanSJ; 5. That while recognizing the arm's length relationship of the Saint John Board of Police Commissioners, the Commission be requested to model various Policing service options for 2015 and 2016 taking into consideration two specific financial targets namely a 2014 spending cap and secondly 2014 expenditures with a 2% annual inflationary increases; 10 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 6. With the exception of the grants and contributions approved in the City of Saint John's 2014 operating budget, there will be no new annual grants approved by the City of Saint John until such time as Common Council approves a new external Grant Policy that recognizes Council's Priorities and the City's current and future fiscal capacity; 7. Common Council approves a new external Grant Policy that recognizes Council's Priorities and the City's current and future fiscal capacity; 8. Council will dedicate one session to consideration of the mandates, outcomes and cost structures of the four economic development agencies; 9. Council should inquire about the potential for new revenue generation opportunities as part of its service review with the various departments and agencies; 10. Council will give careful consideration to the level of subsidies provided for various services to ensure they are reasonable and not inadvertently encouraging excess demand and cost; 11. The City will continue to advocate for reform in the fiscal transfer system; 12. The City will work with its municipal counterparts to develop a more balanced approach to establishing wage settlements in the protective services sector; and, 13. The City will work with its municipal counterparts to secure timely modernization of key provincial statutes including the Municipalities Act and Community Planning Act. Question being taken, the motion was carried. 16.3 2014 World Women's Curling Championship On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report 2014 World Women's Curling Championship, Common Council approve a grant contribution in the amount of $10,000 for the 2014 World Women's Curling Championship. Question being taken, the motion was carried. 16.4 Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation, notwithstanding that on December 17, 2012 Common Council resolved that the projects specified in the submitted staff report entitled Engagement of Engineering Consultants — 2013 Capital Program be sent to public tender, that Common Council authorize the Engineering Services Agreement with Dillon Consulting Ltd. for engineering design and construction management services for the Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation be increased from $239,869 to $385,186, including the City's eligible HST rebate and that the Mayor and Common Clerk be authorized to sign any required documentation. Question being taken, the motion was carried. 16.5 Saint John Parking Commission — Traffic By -law Fines On motion Councillor Reardon Seconded by Councillor MacKenzie 11 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 RESOLVED that the Saint John Parking Commission - Traffic By -law Fines, be tabled until the next regular meeting of Council. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Recommended Appointments to Committees On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole having met on February 17, 2014, Common Council makes the following appointments to committees: Fort La Tour Development Authority: to reappoint Helene Williams, Beth Kelly and Lorne Daltrop each for a 3 year term from March 3, 2014 to March 3, 2017. Heritage Development Board: to reappoint Gordon Hewitt for a 3 year term from March 3, 2014 to March 3, 2017; and to appoint Chris Boudreau for a 3 year term from March 3, 2014 to March 3, 2017. Imperial Theatre: to appoint Dr. Joanna Everitt for a 3 year term from March 3, 2014 to March 3, 2017. Jeux Canada Games Foundation: to appoint Dr. Kelly Manning and Jeff White each to a 3 year term from March 3, 2014 to March 3, 2017. Saint John Non - Profit Housing Inc.: notwithstanding Council's policy respecting the term length for Council appointees, to reappoint Richard Gradon for a 1 year term from March 3, 2014 to March 3, 2015; and further, to appoint Jillian Jordan, Juanita Black and Terry Albright each for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Energy: to appoint James D. Shaw and Shelley Courser for a 3 year term from March 13, 2014 to March 13, 2017 and March 25, 2014 to March 25, 2017 respectively. PRO Kids: to appoint Angela Flanagan from March 3, 2014 to March 3, 2017 and further to appoint Councillor Shirley McAlary from March 3, 2014 to the end of her term on Council (May 2016). Safe, Clean Drinking Water Steering Committee: to appoint Councillor Shirley McAlary from March 3, 2014 to the end of her term on Council (May 2016). Saint John Development Corporation: to appoint Monica Adair, Patrick Oland, Jane MacEachern and Bruce Phillips each for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Industrial Parks: to appoint Councillor Gerry Lowe effective March 3, 2014 until the end of his current term on Council (May 2016) and Stephane Bolduc for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Substandard Properties Appeal Committee: to reappoint Maria Henheffer, Cheryl Johnson and Nadia McPhee each for a 1 year term from March 3, 2014 to March 3, 2015. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that Councillor Shirley McAlary be appointed to the Saint John Non Profit Housing Inc. from March 3, 2014 to the end of her term on Council (May 2016). Question being taken, the motion was carried. 17.2 Committee of the Whole: Scheduling a Council Meeting - March 10, 2014 12 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014 On motion Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole having met on March 3, 2014, the Common Clerk be directed to schedule a regular meeting of Common Council on Monday March 10th to discuss fluoridation in municipal water, and further that Dr. C. Scott Giffen, Medical Officer of Health — South Region NB, and Dr. Kelly Manning, NB Dental Society be invited to present their opinions at the meeting. Question being taken, the motion was carried. (Mayor Norton withdrew from the meeting; Deputy Mayor Rinehart assumed the chair) 17.3 J. Bezanson Letter re Retirement Pension On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on March 3, 2014, Common Council deny Mr. Jim Bezanson's request to alter his retirement date as the latter is stipulated in an agreement between himself and the City, which agreement was approved by Common Council at its open session meeting of November 12, 2013. Question being taken the motion was carried. 18. Adjournment On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that the Common Council meeting of March 3, 2014 be adjourned. Question being taken, the motion was carried. The Deputy Mayor declared the meeting adjourned at 9:00 p.m. Mayor / maire Common Clerk / greffier communal 13 REPORT TO COMMON COUNCIL M &C2014 -25 March 11, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Public Information Session Hillcrest Drive — Street Reconstruction PURPOSE 77. The City of Saint john The purpose of this information report is to inform Council of a Public Information Session that will be held in relation to the Hillcrest Drive — Street Reconstruction, and to update Council on the status of the project. BACKGROUND The approved Water & Sewerage Utility Fund and General Fund Capital Program includes projects for the design and construction of the Hillcrest Drive Street Reconstruction project. This work includes a complete street reconstruction along with new watermain, sanitary sewer, storm sewer, curb and sidewalk. ANALYSIS Staff looks forward to the tender closing in April 2014. Construction will begin in May 2014 and continue until the end of September 2014. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Saint Columba Presbyterian Church at 1454 Manawagonish Road on Wednesday March 19 2014, from 2 -4 pm and 6 -8 pm. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. 14 M & C 2014 -25 March 11, 2014 Page 2 An advertisement for the Public Information Session will be in the Saint John Telegraph Journal on Friday, March 14, 2014. A copy of the notice for the Public Information Session which will be delivered door to door in the project area has been attached. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J 1 Landers, P.Eng. Municipal Engineer �. Win. Edwards, P.Eng. Commissioner Transportation & Environment 15 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager The City of Saint John PUBLIC INFORMATION SESSION HILLCREST DRIVE - STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Hillcrest Drive from Manawagonish Road to Fenton Drive. There will be new water main, sanitary sewer, and storm sewer installed as well as new concrete curb and sidewalk, and asphalt resurfacing. This project is scheduled to begin in late April and is expected to be completed at the end of September 2014. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, March 19, 2014 Time: 2:00 - 4:00 pm and 6:00 - 8 :00 pm Location: Saint Columba Presbyterian Church 1454 Manawagonish Road For further information about this project, contact the Consultant, Crandall Engineering Ltd., at (506) 693 -5893 or contact Transportation and Environment Services at (506) 658 -4455 SESSION MNFORMATION PUBLIQUE PROMENADE HILLCREST - REFECTION DE LA ROUTE La Ville de Saint John installera de la nouvelle infrastructure sur la promenade Hillcrest a partir du chemin Manawagonish jusqu'a la promenade Fenton. Ce contrat comprend ['installation de conduite d'eau, de conduite d'egout sanitaire, et de conduite d'egout pluvial, ainsi que ['installation de nouvelles bordures et trottoirs, et le reasphaltage. It est anticipe que ce projet debutera a la fin avril et devrait etre termine a la fin septembre 2014. Avant le debut de la construction, un autre avis sera distribue pour informer (es residents de l'horaire de la construction. Des representants de la Ville de Saint John et de l'equipe de design seront disponibles pour repondre aux questions reliees au projet propose. Le public est invite a participer a une session d'information concernant ce projet a la date et aux temps suivants : Date: Mercredi le 19 mars 2014 Heures: 14h00 a 16h00 et 18h00 a 20h00 Endroit: Eglise presbyterien Saint Columba 1454 chemin Manawagonish Pour de plus amples renseignements, veuillez communiques avec l'ingenieur- conseil Crandall Engineering Ltde. au (506) 693 -5893 ou contactez les services de transportation et environnement au (506) 658 -4455 16 REPORT TO COMMON COUNCIL M &C2014 -24 March 11, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Public Information Session Prince William Street (Princess Street to Duke Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Prince William Street (Princess Street to Duke Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project, and to update Council on the status of the project. BACKGROUND The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of Prince William Street (Princess Street to Duke Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction. ANALYSIS Staff looks forward to the tender closing in early April, 2014. Construction is expected to begin in late April, 2014 and continue until the end of October, 2014. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Union Club at 125 Germain Street on Wednesday, March 26, 2014, from 2 -4 p.m. and 6 -8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. 17 M &C2014 -24 March 11, 2014 Page 2 The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, Kevin O'Brien, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager T /yam 1 PUBLIC INFORMATION SESSION PRINCE WILLIAM STREET The City of Saint John will be undertaking the reconstruction of Prince William Street between Princess Street and Duke Street, including the intersections. The project includes the renewal of the existing watermain and sanitary sewer, installation of a new storm sewer, relocating above ground utilities to underground, removal of an abandoned heating tunnel, and road reconstruction consisting of new granite curb, concrete sidewalk, brick median, asphalt resurfacing, and landscaping within the construction limits. The project is planned to begin in April, 2014 and is expected to be completed by the end of October, 2014. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Representatives from the City of Saint John and the project design team from CBCL Limited will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: RATE: Wednesday, March 26, 2014 PLACE: Union Club, 125 Germain Street TIME: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, at (506) 633 -6650 or the City of Saint John Transportation and Environment Services at (506) 658 -4455. 19 REPORT TO COMMON COUNCIL M &C- 2014 -020 March 3, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: LEASE OF ROOF TOP — SAINT PATRICK STREET PEDWAY BACKGROUND: At its meeting of 12 October 2004 Common Council adopted the following resolutions: The City of Saint John lease a 145 square foot +/- portion of the roof -top situated upon the Saint Patrick Street Pedway (PID Number 39206), as generally shown on the submitted plan, to Rocky's Sports Bar Inc. (the "lessee') on the following terms and conditions: 1. The lease shall commence on December 1, 2004 and terminate on February 28, 2012 (the "Term'). 2. Annual rent during the Term shall be $10.00 per square foot per annum. Payment of annual rent shall be made in advance in 12 equal instalments commencing on the 1st day of December in 2004. 3. Harmonized Sales Tax shall be in addition to rent. 4. The lessee shall have no option to renewal, or assign the lease except to a company owned by the lessee. 5. Unless otherwise approved by the lessor, the lessee's use of the space shall be limited to a roof -top patio deck (the `patio deck'). 6. Prior to constructing the patio deck, the lessee must submit to the City's Building Inspector: l) a set of design / construction drawings prepared by professional engineer licensed to practice in New Brunswick for the proposed patio deck; and 2) a letter from a professional (structural) engineer confirming that the pedway roof can support the proposed patio deck and associated load(s). The letter must stipulate the maximum load and occupancy of the patio deck as well as regular maintenance requirements. In the event the Building Inspector is not satisfied with the design and or letter from the lessee's engineer, this lease and all rights herein will terminate. 20 M &C- 2014 -020 -2- March 3, 2014 7. The patio deck must be constructed accordance to the drawings approved by the Building Inspector on or before June 30, 2005, failing which the lessor shall have cause to terminate the lease. 8. The use and maintenance of the patio deck must be in accordance to the terms of the lease and must comply with all municipal by -laws and provincial or federal acts or regulations; failing which the lessor shall have cause to terminate the lease. 9. The lessee must apply for, and obtain all necessary permits and approvals prior to construction of the patio deck. 10. The lessee shall be responsible for maintenance of the patio deck and the roof membrane situated below and within one metre of the patio deck. 11. The lessee is responsible to pay for utilities, including power and heat supplied to or consumed on the patio deck. 12. The lessee shall pay its portion of all real property taxes and local improvements levied against the patio deck; and with the consent of the lessor, the lessee may at its own means and expense appeal the property tax assessment. The lessor will not unreasonably withhold such consent provided the lessee has paid all outstanding real property tax levies in full. 13. During the term of the lease, the lessor reserves the absolute right to operate and maintain its pedway. 14. In the event the lessor installs, repairs, or renews the roof structure or associated membranes in, over, on, or in the vicinity of the leased area and if the lessor is of the opinion that patio deck within the leased area must be relocated or discontinued in order to best perform the required installation, repairs, or renewals, the lessee is obligated to relocate or discontinue the patio deck, or portions thereof at the lessee's own expense, and in such event, the lessor shall not be liable for any payment of compensation for the loss or interruption of businesses which may have been caused by the required work and /or reduction in the use of the patio deck during the period of work. 15. The lessee shall provide the lessor with a comprehensive release of indemnification respecting the proposal in terms satisfactory to the City Solicitor. 16 The lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured. The policy must be subject to across liability clause and remain in effect during the term of the lease, failing which the lessor has the right to terminate the lease. 17. The lessor shall take possession of the all improvements on the leased area upon termination of the lease unless the lessee, prior to termination, removes the improvements and returns the roof top to its original condition or better. 18. The lease shall be subject to the covenants or conditions numbered 11, 12, 13, 14, 15, 17, 20, 21, 22, 25, 26, 2 7, 28, 30.1, 33, 36, 38, 39, 41, 42, 45, and 46 in Schedule C of Regulation 83 -132 (Leases Regulation - Standard Forms of Conveyances Act). 21 M &C- 2014 -020 March 3, 2014 -3- It is further recommended that Rocky's Sports Bar Inc. be advised that the City of Saint John is not explicitly or implicitly obligated to approve any applications arising here from; and that the Mayor and Common Clerk be authorized to sign the lease. The purpose of the lease was to accommodate a "smoking area ". While the final lease was being prepared for signature, Rocky's applied for and was issued a building permit for the patio, constructed the patio, and use of it commenced. This use continues at present. Unfortunately the final lease document was never completed. This situation recently came to light, and City staff approached Rocky's seeking to amend the situation into a proper and current lease arrangement. During the originally contemplated lease term, rent has been invoiced by the City, Rocky's has paid the rent due since 01 Dec 2004, and the account is in good standing. The purpose of the report is to present a new lease document between the City and Rocky's to Council for consideration. ANALYSIS: The Subject City Building The City of Saint John owns the pedway infrastructure situated between City Hall and Market Square. This has become known as the Saint Patrick Street Pedway. In the past, the City has permitted access to its pedway by adjacent land owners. This is the first leased use of roof top space. Proposed Terms of Lease Rocky's wishes to continue leasing the area that its patio occupies, and Rocky's has signed the attached lease document. This document respects all of the recommendations adopted by Common Council at its 12 October 2004 meeting, but with the following amendments and deletions: Amendments: A) Annual rental rate to increase from $10.00 per sq ft to $13.00 per sq ft ( +HST), B) Annual rent to be paid in one installment in advance each year rather than in 12 monthly installments. C) Leased space to decrease from 145 sq ft to 43.056 sq ft (4 sq m) — this has been confirmed by post construction survey. D) New lease term to be 8 years, beginning 01 Dec 2013 and ending 30 Nov 2021. 22 M &C- 2014 -020 March 3, 2014 Deletions: SE As the patio deck has already been constructed pursuant to the 12 October 2004 resolutions 6., 7., and 9. adopted by Common Council, these 3 resolutions are now moot. RECOMMENDATIONS: That: 1) The City of Saint John enter into a lease with Rocky's Sports Bar Inc. for a 45.0356 square foot +/- portion of the roof -top situated upon the Saint Patrick Street Pedway (PID Number 39206) on terms and conditions, and in the form of the lease document attached to M &C 2014 — 020, and, 2) That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Paul Wilson, BBA Real Estate Officer Greg Yeomans, CGA, MBA Commissioner of Finance and Administrative Services Attachments Click here to enter text. 23 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager Form A19 LEASE Standard Forms of ComeyanaesAct, S.N.B. 1980, c. 5 -12, s2 The parties to this lease are: THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — ROCKY'S SPORTS BAR INC., of the City of Saint John, in the County of Saint John and Province of New Brunswick, a corporation under the laws of the province of New Brunswick, the "Lessee" The lessor leases to the lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Eight (8) years Date of Commencement: December 1, 2013 Date of Termination: November 30, 2021 Rent: Five Hundred Fifty -Nme Dollars and Seventy -Three Cents ($559.73) per annum plus HST Payment Dates: December 1 of each year during the term Place of Payment: Cashier's Office, City Hall 15 Market Square, Saint John, NB This lease contains the covenants and conditions which are set out in: (a) The Leases Regulation — Standard Forms of Conveyances Act and set out in Schedule `B" attached hereto; (b) Schedule `5C" attached hereto; Dated on 72014 SIGNED, SEALED & DEUVERED in the presence of: 24 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: ROCKY'S SPORTS BAR INC. Per: 1 SCHEDULE "A" All that certain portion of the rooftop situated on the St. Patrick Sheet Pedway described as "Area to be leased to Rocky's Sports Bar Inc., 4 m2" on a Plan of Survey dated October 7, 2005, certified correct by Hughes Surveys & Consultants Inc., surveyed by John E. Calvin, N.B.L.S. #353, a copy of which is attached hereto as Schedule "A -1 SCHEDULE "B" 11. The Lessee shall pay rent. 11. The Lessee covenants with the Lessor that the Lessee shall for the duration of this lease pay to the Lessor the rent hereby reserved on the days and in the manner herein set out without any deduction whatsoever. 12. The Lessee shall maintain the premises in 12. The Lessee covenants with the Lessor that good repair. the Lessee shall for the duration of this lease maintain the demised premises in good and sufficient order and repair to the satisfaction of the Lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted. 13. The Lessee shall permit the Lessor to inspect the premises. 14. The Lessee shall not alter the premises without the Lessor's consent. 13. The Lessee covenants with the Lessor that the Lessee shall permit the Lessor, his servants, agents and employees at all reasonable times for the duration of this lease to enter upon the demised premises for the purpose of inspecting the state of repair or making such repairs as the Lessor may from time to time consider necessary. 14. The Lessee covenants with the Lessor that the Lessee shall not, without prior written consent of the Lessor, place any building, erection, addition or improvement, other than trade fixtures, upon the demised premises, or alter the interior of the demised premises or any part thereof. 15. The Lessee shall use the premises for agreed 15. The Lessee covenants with the Lessor that purposes only. the Lessee shall use the demised premises only for the purpose or purposes agreed upon by the Lessor and Lessee. 17. The Lessee shall comply with all laws. 20. The Lessee Shall pay public utilities. 21. The Lessee shall not do any act to increase insurance premiums. 17. The Lessee covenants with the Lessor that the Lessee shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the demised premises or any part thereof by the Lessee. 20. The Lessee covenants with the Lessor that the Lessee shall pay as they become due all charges for public utilities including electricity, gas, water, telephone and all other services provided by any public utility in connection with the occupancy of the demised premises. 21. The Lessee covenants with the Lessor that the Lessee shall not carry on or permit to be carried on upon the demised premises any activity which may cause an increase in premiums for insurance upon the building wherein the demised premises are situate, or which may render void or voidable any policy of insurance. 22. The Lessee shall pay occupancy taxes. 25. The Lessee shall conduct his business in a reputable manner. 26. On breach of any covenant the Lessor may recover all costs from the Lessee as rent. 27. The Lessor may re -enter the premises on the insolvency of the Lessee. 28. The Lessor promises to the Lessee quiet enjoyment of the premises. 30.1 The Lessee shall pay real property taxes. 33. The Lessee has an insurable interest in improvements made by him. 27 22. The Lessee covenants with the Lessor that the Lessee shall pay for the duration of this lease all taxes, rates, levies and assessments charged against the demised premises in connection with the Lessee's use and occupation thereof. 25. The Lessee covenants with the Lessor that the Lessee shall conduct his business in and use the whole of the demised premises in a reputable manner, a business practice by the Lessee whether through advertising, selling procedures or otherwise which in the opinion of the Lessor may harm the business or reputation of the Lessor or reflect unfavourably on the Lessor or other tenants of premises in the building, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the Lessee at the request of the Lessor. 26. In the event that the Lessee is in default of payment of any amount required by this lease to be paid by him, the Lessor may pay such amount on his behalf and recover that amount together with his reasonable expenses from the Lessee as rent, with all remedies incidental thereto as if that amount and expenses were included in the rent hereby reserved. 27. In the event that the rights of the Lessee under this lease are at any time seized or taken in execution or attachment by any creditor of the Lessee, or the Lessee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors, then the current month's rent, immediately become due and, the lease and term shall become forfeit and void and the Lessor may enter into and upon the demised premises, or any part thereof in the name of the whole, by force or otherwise as he may see fit, to have again, repossess and enjoy, as of its former estate, anything herein contained to the contrary notwithstanding. 28. The Lessor covenants with the Lessee that the Lessee, paying the rent hereby reserved and performing the covenants on his part to be performed, shall and may peaceably possess and enjoy the demised premises for the duration of this lease without any interruption or disturbance from the Lessor or any person lawfully claiming under him. 30.1 The lessee covenants with the lessor that the lessee shall pay for the duration of this lease all taxes, rates, duties and assessment whatsoever, whether municipal, provincial, federal or otherwise, now charged or hereafter to be charged upon the demised premises or upon the lessor on account thereof, except municipal taxes for local improvements. 33. For the duration of this lease or any renewal thereof the Lessee has an insurable interest in any alterations, additions and improvements that may 36. Where the Lessee holds over the tenancy is monthly. 38. The Lessor is not responsible for injury to person or property upon the premises unless due to the negligence of the Lessor. 39. The Lessee may install signs with the Lessor's consent. 41. Condonation, excuse or overlooking of any default does not operate as a waiver. 42. All Lessee's insurance policies shall contain a waiver of subrogation. be made by the Lessee in and to the demised premises, and the Lessee is entitled to insure such alterations, additions and improvements up to their full insurable value and to receive the proceeds of any insurance so placed by him. 36. In the event that the Lessee holds over beyond the duration of this lease or the renewal thereof with or without the consent of the Lessor and without any further written agreement, the tenancy resulting shall be a monthly tenancy only, at a monthly rental equivalent to the amount paid per month during the last month of the term hereby granted or the renewal thereof and subject to termination at the election of the Lessor or Lessee upon one month's notice in writing and subject also to the terms, conditions and covenants herein set out. 38. The Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Lessee or any employee of the Lessee or any other person who may be upon the demised premises or for any loss or damage or injury to any property belonging to the Lessee or to his employees or to any other person which such property is on the demised premises, unless due to the negligence of the Lessor, his employees, agents or licensees. 39. Subject to the Lessors approval, which approval shall not be unreasonably withheld, the Lessee may install in, upon or about the demised premises any signs or advertising material which shall remain the property of the Lessee and which the Lessee may remove regardless of the degree of affixation upon expiration or termination of his lease or any renewal thereof provided that the Lessee shall make good any damage caused to the demised premises by such installation and removal. 41. Any condoning, excusing or overlooking by the Lessor of any default, breach or non- observance by the Lessee at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver of the Lessor's rights hereunder in respect of any continuing or subsequent default, breach or non- observance, nor so as to defeat or affect in any way the rights of the Lessor. 42. All policies of insurance placed by the Lessee shall contain a waiver or waivers of subrogation against the Lessor and the Lessee waives, releases and discharges all rights, claims and demands whatsoever which the Lessee might have or acquire against the Lessor arising out of damage to or destruction of the building or any part thereof occasioned by any of the perils insured against by the Lessee or which the Lessee has agreed to insure against, whether or not such rights, claims and demands shall arise through the negligence or other fault of the Lessor, his 45. Where a conflict exists between the English and French version of any provision hereof, this lease shall be construed as if it had been executed entirely in English. 46. The Lessor may re -enter the premises upon non - payment or other breach. servants, agents or contractors. 45. The Lessor and the Lessee mutually covenant and agree that, this lease having been executed in both English and French, where a conflict exists between the English version and the French version of any provision hereof, the meaning and legal effect of the English version shall prevail. 46. If and whenever any rent or portions thereof thereby reserved is not paid by the Lessee and remains unpaid for a period of fifteen (15) days after any of the days upon which the same ought to have been paid, and whether or not any formal or other demand has been made therefor, or if the Lessee is in breach of or in default under any of the Lessee's covenants, conditions or agreements contained in this lease and such breach or default continues for fifteen (15) days after written notice thereof has been given by the Lessor to the Lessee without the Lessee proceeding promptly and diligently to remedy such breach or default, then in any such case the Lessor shall have the right to terminate this lease and, upon the exercise of such right, the Lessor may terminate this lease and re -enter into and upon and take possession of and enjoy the demised premises, or any part thereof, in the name of the whole, as of the Lessor's former estate. SCHEDULE "C" Term 1. The term of the Lease shall be eight (8) years commencing on December 1, 2013 and ending on November 30,2021 (hereinafter the "Term'. Leased Premises 2. The Lessor leases to the Lessee that portion of the rooftop situated upon the St. Patrick Street Pedway, which forms part of PID #0039206, as generally shown on Schedule "A -1" attached hereto on the terms and conditions set out herein. Rent and Property Taxes 3. The Lessee shall pay annual rent of Five Hundred Fifty Nine Dollars and Seventy- Three Cents ($559.73). 4. Payment of the annual rent shall be made in advance in one (1) yearly installment on the first day of December each year of the Term. 5. Harmonized Sales Tax shall be in addition to the Rent. 6. The Lessee shall pay its own portion of all real property taxes and local improvements levied against the Leased Premises; and, with the consent of the Lessor, the Lessee may at its own mesas and expense appeal the property tax assessment. The Lessor will not unreasonably withhold such consent provided the Lessee has paid all outstanding real property tax levies in full. Renewal and Assignment 7. This Lease is not renewable. 8. This Lease may not be assigned and any attempt to do so is void and of no force or effect. Use and maintenance of Leased Premises 9. Unless otherwise approved by the Lessor, the Lessee's use of the Leased Premises shall be limited to a rooftop patio deck (hereinafter the "patio deck "). 10. The use and maintenance of the patio deck shall be in accordance with the terms and conditions of the Lease, and must comply with all municipal by -laws, and provincial and federal ads and regulations. 11. The Lessee shall, at its sole cost, maintain the patio deck and the roof membrane situated below and within one meter of the patio deck. 12. During the term of the Lease, the Lessor reserves the absolute right to operate and maintain its pedway. 13. In the event the Lessor installs, repairs, or renews the roof structure or associated membranes in, over, on or in the vicinity of the Leased Premises and if the Lessor is of the opinion that the patio deck within the Leased Premises must be relocated or discontinued in order to best perform the required installation, repairs, or renewals, the Lessee shall relocate or discontinue the patio deck, or portions thereof at the Lessee's own expense, and in such event, the Lessor shall not be liable for any payment of compensation for the loss or interruption of business which may have been caused by the required work, reduction in the use or discontinuance of use of the patio deck. Termination 14. Failure of the Lessee to pay rent or to maintain liability insurance, its failure to maintain the Leased Premises in accordance with the terms and conditions of this Lease, or its failure to abide by applicable municipal, provincial or federal codes, laws, regulations or by- laws shall constitute grounds for the Lessor to terminate the Lease. 15. Upon termination of the Lease, the Lessee shall peacefully surrender the premises to the Lessor. Utilities, Heat & Insurance 16. The Lessee shall pay for all utilities, including electricity and heat, supplied to or consumed on the Leased Premises. 17. Prior to taking possession of the premises, the Lessee shall obtain and provide to the Lessor proof of issuance of a liability insurance policy of an amount not less than Two Million ($2,000,000.00) Dollars, naming the Lessor as additional insured. The policy must be subject to a cross - liability clause. 18. The liability insurance policy referred to in paragraph 17 shall be maintained for the full term of the Lease. 19. The Lessee shall provide a copy of the liability insurance policy referred to in paragraph 17 to the Lessor every year for the full term of the Lease. Tenant IWgrovements 20. The Lessor shall take possession of all improvements on the Leased Premises upon termination of the Lease unless the Lessee, prior to termination, removes the improvements and returns the rooftop to its original condition or better. Indemnity 21. Except where the same arises out of the negligence or other tort of the Lessor, its servants, agents or employees, the Lessee shall indemnify and save harmless the Lessor from and against any and all manner of actions, causes of action, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of any breach , violation or non- performance of any covenant, condition or agreement in this Lease set forth and contained on the part of the Lessee to be fulfilled, kept observed and performed or otherwise arising out of the use by the Lessee of the Lease Premises and in addition, but without limiting the generality of the foregoing and notwithstanding any provision of this Lease, or the compliance therewith by the Lessee, the Lessee shall indemnify and save harmless the Lessor from and against any and all manner of actions, causes of action, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to and arising out of a) injury to person or persons, including death resulting at any time therefrom, occurring in or about the Leased Premises; and b) any damage to or loss of property occasioned by the use and occupation by the Lessee of the Leased Premises. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I u `�( C,w, L, , City �'w- , of the Ci of Saint John in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. That I am the 0 0 K -e✓ of Rocky's Sports Bar Inc., the Lessee named in the foregoing instrument and am duly authorized to make this affidavit. 2. That Rocky's Sports Bar Inc. does not have a corporate seal. 3. That the signature " subscribed to the said instrument i y signature and as e ✓ duly authorized to execute the said instrument. set and I am 4. That the said instrument was executed as aforesaid at the City of Saint John, in the Province of New Brunswick, on the _ day of C, e 2014. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New B 'ck, this _ day of 2014. Commissioner of Oaths Being a Solicitor `` �••� • NoTAR y X,ti ~�yFJ% BRUNsv�`,. SCHEDULE - A -t Registration Data I Fie 50 No. 26 Doc. 302576 Lot "A" VF1061g-. 9J 6!y 27!.1982 , Expropriation Notes 1) Directions am N.B. Grid azimuths derived from observation on N.B. Man's. 25506 and 25507 , (NAD83 CSRS Adjusted Vohws) 2) AU document and plan references refer to the Registry Office for the County of Sant John unhns noted otherwise. 3) Feld survey completed an July 13. 2005 . = e° 4) All computations performed and coordinates shown on this pion m are based on New Brunswick Storeogrophic Double Projection and the NAD83(CSRS) Ellipsoid as remised by So-ice New Brunswick Adjusted coordinate survey nxx umonts . x s a Legend - �r- --�k -- ....... . ........ Fence •��% ............ Structure -- -- ......... Centre Line O ---i^— ................. Hydro Pole / Utility Wire • ..................... Round Iron Bor Found O ..................... Calculated Co- Ordinate Point ® ..................... Standard Survey Marker Placed A .... . ... ........ N.B. Grid Co- Ordlnate Monument w... ............... Land dealt with by this plan bounded .................... thus Q Tabulated Co- Ordinate Point . _ .............. Utility Easement ® ..................... Standard Survey Marker Found O....................... Iron Pipe Found � ...................... Square Iron Bar Found o ...................... Traverse Control Point Fdn . .................... Foundation (c) ..................... Calculated Value (d) ..................... Derived from other sources New Brunswick Grid Co— Ordinate Values STA X Y RMKS 70 2 534 259.004 7 363 747.234 CALC. PT. 60 Vol. 1957 Pg. 237 71 2 534 257.531 7 363 744.969 CALC. PT. (vestments Ltd. and 72 25506 2 534 259.942 7 363 743.369 2 534 297.295 7 363 697.042 CALC. PT. N.B. MON. m e n is Ltd. Property 25507 2 534 145.595 7 363 603.236 N.B. MON. Sea" Factor Applied 1.000033 Plan Of Survey Showing area to be leased by the City of Saint John to Rocky's Sports Bar. Inc. City of Saint John , Saint John County , New Brunswick Certified Correct HUGHES Y & O SULTANTS INC. g Surveyed by • Oct. 7. 2005 . s John E. Calvin Date Y Now Brunswick Land Surveyor / 353 0 1 2 3 4 No. 162203 \ 1:50 metres 9 Oink No. Dwq. S05054 2 TOP- Disk No. 2005 Dwn. ey Job No. Map Ref. A B.S.M. Y5 -064 -R G08-T2C 2 0 N Doc. 302576 Vol. 976 Pg. 186 The City Of Saint John Property Parcel "J" see Plan No. 1374 Area to be leased to -"\ Rocky's Sports Bar Inc. 4 m2 top of railing Eiev. 22.20 m underside of Sq. Tubing Elev. 19.72 l oti ^0 1 -9 / �jo overhead e � N deck canopy deck as 8g O 1 A �6 see rite 50 No. 26 Lot "A" Doc. 420960 Vol. 1957 Pg. 237 Ellerdale Investments Ltd. and N R Apartments Ltd. Property underside of Sq. Tubing Support Elev. 19.72 m roof Q No. 162203 9 A G 5,L/ SAINT JOHN DISTRICT LABOUR COUNCIL i March 1, 2014 His Worship Mel Norton & Members of Common Council City Hall Saint John, N.B. Dear Mayor Norton & Members of Common Council: The Saint John District Labour Council and the Saint John Building Trades are again in the process of organizing the April 28th "Day of Mourning" ceremony. .Enclosed is a Proclamation that we respectfully request the Saint John City Council to endorse. We would suggest that the proclamation be read at the Council meeting that is held just prior to April 28th. This year April 28"' falls on a Monday and the ceremony will be held at 12 noon on that day. We invite all members of Council to attend the ceremony, which will be held at the April 28th "Day of Mourning" monument, outside the W.F. Hatheway Pavilion. Also, enclosed is a brief history on the April 28th "Day of Mourning." Thank you in advance for your anticipated positive response to this request. Yours truly, eph Theriault President of the Saint John District Labour Council t ti w. 35 6 Proclamation WHEREAS: Every year nearly one thousand Canadian workers are killed by workplace injuries and many more die from occupational disease. AND WHEREAS: Thousands more are permanently disabled. AND WHEREAS: Tens of thousands are injured or made ill. AND WHEREAS: Concerned Canadians are determined to prevent these tragedies by: -- Observing April 28th as a day of mourning to remember these victims of workplace injuries and disease; -- Renewing our efforts to seek stronger safety and health protections, better standards and enforcement, and fair and just compensation; and -- Rededicating ourselves to improving safety and health in every Canadian workplace. Therefore: We, the Common Council of the City of Saint John, New Brunswick, do hereby proclaim April 28th as a Day of Mourning in recognition of workers killed, injured or disabled on the job. Signed: Mayor Mel Norton A RVA [1NION BE t NION 36 SAINT JOHN DISTRICT L,ABBOtTR COUNCIL The Origins of April 28t"' as the "National Day of Mourning." At the 1984 Convention of the Canadian Labour Congress a resolution was adopted declaring April 28th as a "National Day of Mourning" to honour those workers in Canada who have been killed, injured or disabled on the job, or who suffer from occupational diseases. April 28th was chosen because on that day in 1914 Ontario proclaimed the first comprehensive Workers Compensation Act in Canada. The idea caught on as labour organizations around the world adopted April 28th as a fl "Day of Mourning." Today more than 100 countries recognize April 28', although many refer to it as "Workers Memorial Day." The day is acknowledged by the International Labour Organization, the International Confederation of Free Trade Unions and the American Federation of Labour. The Canadian labour movement lobbied for legislation to identify April 28th as a "National Day of Mourning." Their efforts were rewarded in February 1991, when the Federal Parliament passed the "Workers Mourning Day Act" (Bill C -223). In 2000, the New Brunswick legislature passed similar legislation. Both of these Acts recognize April 28th as a day of national observance. Since the adoption of April 28th as a Day of Mourning, "April 28`h Day of Mourning Monuments" have become some of the most prominent "Labour Landmarks" in Canada. New Brunswick currently has seven such monuments, They are located in; Atholville, Bathurst, Edmundston, Miramichi, Moncton, Saint John and Shippagan. On April 28th, the Canadian flag on Parliament Hill will fly at half -mast. Workers will light candles, don ribbons and black armbands. Wreaths are laid at the foot of the monuments and a moment of silence is observed. Businesses and politicians are asked to participate and to do their utmost to prevent workplace deaths, injuries and illnesses. The April 28th Monuments are often inscribed with the words "Fight for the Living, Mourn for the Dead" It is a day to honour the dead, but also a day that reminds us of the need to protect the living. tip] BUY UNION BE UNION 37 BY -LAW NUMBER C.P. 110 -223 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 -223 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Nos. 55037733 and 00403030, from "RF" Rural to "I -1" Light Industrial pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: Mayor/Maire decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 5 900 metres carres, situee au 1942, chemin Manawagonish, et portant les NID 55037733 et 00403030, de zone rurale «RF » a zone d'industrie legere o I- 1 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 3, 2014 Premiere lecture Second Reading - March 3, 2014 Deuxieme lecture Third Reading - Troisieme lecture - le 3 mars 2014 - le 3 mars 2014 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 988 1942 Ch O • M a 1954 i• 4r OkO 4 64,'e Ct ha�agohi 1936 cc 8 1 Sh 1 Rqr 20 s 14 2 TOO. 2 4 6 Q�D� 1937 1922 8 O Q 7 FROM / DE TO /A RF 1 -1 Rural Light Industrial zone rurale zone d 'industrie legere Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Daniel Lee Houghton Location: 1942 chemin Manawagonish Road PID(s) /NIP(s): 55037733 & 00403030 Considered by P.A.C. /considers par le C.C.U.: February 18 fevrier, 2014 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law No. /Arrete No. Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: March 5 mars, 2014. 39 Section 39 Conditions —1942 Manawagonish Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land with an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, be subject to the following conditions: (a) The development be limited to a building equipment and material storage yard, including associated office, maintenance and storage buildings. (b) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, outdoor storage areas, driveways, signage, exterior lighting, landscaped areas, and other site features. The approved site plan must be attached to the application for building permit for the proposed development. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the Developer and subject to the approval of the Chief City Engineer or his designate. (d) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. (e) That a visual buffer consisting of a fence or coniferous trees or a combination of both be installed between the proposed building on the subject site and existing barn on the adjacent property and along the eastern boundary of the site. The proposed visual buffer must be shown on the site plan accompanying the building permit and be completed within one year of issuance of the building permit. (f) That the driveway be relocated off of the adjacent City -owned property and paved a minimum length of 70 metres into the site from the front property line within one year of issuance of the building permit. .N BY -LAW NUMBER C.P. 110 -224 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 -224 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1080 square metres, located at 811 Grandview Avenue/ 220 Champlain Drive, also identified as being PID Nos. 55089007 and 55088991, from `B -2" General Business to "RM -1" Three Storey Multiple Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: Mayor/Maire decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 080 metres carres, situee au 811, avenue Grandview/ 220 promenade Champlain, et portant les NID 55089007 et 55088991, de zone commerciale generale B -2 » a zone d'edifices a logements multiples de trois etages «RM -1 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2014, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 3, 2014 Premiere lecture - le 3 mars 2014 Second Reading - March 3, 2014 Deuxieme lecture - le 3 mars 2014 Third Reading - Troisieme lecture - 41 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 199 204 .01 833 % 207 0. 831 210 pl % 215 220 Q PJ' aJ`e� 812 �aK a�. G 763 FROM / DE TO /A B -2 RM -1 Three Storey Residential General Business zone d'edifices a logements zone commerciale generale multiple s de trois stages Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Ronald Larsen Location: 811 avenue Grandview Avenue / 220 promenade Champlain Drive PID(s) /NIP(s): 55089007 & 55088991 Considered by P.A.C. /considers par le C.C.U.: February 18 fevrier, 2014 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law No. /Arrete No. Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: March 5 mars, 2014. 42 Section 39 Conditions — 811 Grandview Avenue / 220 Champlain Drive That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 1,080 square metres, located at 811 Grandview Avenue / 220 Champlain Drive, also identified as PID Numbers 55089007 and 55088991, for the proposed residential use shall be subject to the following conditions: (a) The use of the property is restricted to a maximum of one dwelling unit and /or a rooming house with a maximum of five rooms, (b) Landscaped areas be installed as follows: (i) at least 7.5 metres in width between the parking area and the street line along the Champlain Drive frontage; (ii) at least 2 metres in width between the parking area and the street line along the Grandview Avenue frontage so as to create one access along the Grandview Avenue frontage with a maximum width of 7.6 metres; and (iii) at least 3 metres in width between the parking area and the side property line extending back from Grandview Avenue as illustrated on a site plan to be approved by the Development Officer; (c) That, prior to the approval of the required change of use permit for the rooming house, the owner shall consolidate PID Numbers 55089007 and 55088991 into a single lot; and (d) That all outstanding requirements contained in these conditions be met by the owner no later than March 31, 2015. 43 BY -LAW NUMBER C.P. 110 -225 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 -225 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1970 square metres, located at 362 Charlotte Street West, also identified as being PID No. 00392035 and a portion of PID No. 55061337, from "IL -1" Neighbourhood Institutional to "R -2" One and Two Family Suburban Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2014 and signed by: Mayor /Maire d6cr&6 ce qui suit : L'arr&6 sur le zonage de The City of Saint John, d6cr6t& le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe « A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 970 metres carr6s, situ6e au 362, rue Charlotte ouest, et portant le NID 00392035 et aussi 6tant une partie du NID 55061337, de zone de quartier a vocation collectif « IL -1 » a zone r6sidentielle — habitations unifamiliales et bifamiliales R -2 » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2014, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 3, 2014 Premiere lecture Second Reading - March 3, 2014 Deuxi6me lecture Third Reading - Troisi6me lecture .. - le 3 mars 2014 - le 3 mars 2014 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 53 545 A 344 54 /4 551 32%/� C%y 54 N 32 0 350 43 C6- 460 45 55 5 56 � 561 356 � 349 360 4O 57 51 5 s� 328 6 63 33 3 37 3 Z� 369 37 3 45 377 358 �' 33 379 51 41 51 �+�� 57 �a• 543 36 �O 35 52 45 r�Z 347 61 54 ok 49 368 O- 65 �� 51 49 `C� 355 4 �Cds 51 57 37 `J� 367 36 V 1 1`l�/ 37 37 359 2 '9L 561 373 36 36 61 558 67 38 379 37 71 36 69 73 85 FROM / DE TO /A IL -1 R -2 Neighbourhood Institutional One And Two Family Residential zone de quartier A vocation zone residentielle- habitations unifamiliales collectif et bifamiliales Applicant: Fulton Surveys (2004) Ltd. (On behalf of Verla Hayes) Location: 362 rue ouest Charlotte Street West PID(s) /NIP(s): 00392035 & portion of / de 55061337 Considered by P.A.C. /considers par le C.C.U.: February 18 fevrier, 2014 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistr6 le: By -Law No. /Arrete No. Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: March 14 mars, 2014. March 12, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: FCM Update Motion: I am requesting the opportunity to provide Council with a brief update regarding the recent FCM meeting that I attended. Respectfully Submitted, (Received via email) Bill Farren Councillor —Ward 1 City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 M March 12, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Health Care Savings for the Province of New Brunswick Health care in the Province of New Brunswick is the responsibility of the Provincial Government According to a Wellesley Institute study in Sept 2013 tooth decay is one of the most prevalent chronic diseases. 15 In Canada, 57% of children, 59% of adolescents, and 96% of adults have been affected by tooth decay. 16 Cavities weaken teeth and can result in pain, tooth loss, facial disfigurement, and impaired oral functioning. 18,19 Additionally, tooth decay has been linked to serious health conditions such as cardiovascular disease, diabetes, low birth weight babies, respiratory infections, and osteoporosis, among others .22 (source notes that ... )If severe, tooth loss and poor oral health can threaten job security and economic productivity,23 and in turn, these stressors can impact overall physical and mental health Background Globally, fluoride is used to combat tooth decay and promote oral health. Studies have shown that ingesting small amounts of fluoride during early stages of tooth development strengthens tooth enamel, decreasing the likelihood of cavities later in life. Although fluoride treatment is a common practice during visits to the dentist, some research suggests that maintaining a constant, low -level of fluoride in the mouth is the most effective measure in cavity prevention Motion: The City of Saint John write to the Department of Health for the Province of New Brunswick asking the province to assess the cost savings in health care by having fluoride added to municipal water supplies, and should there be cost savings the province provide financial assistance to municipalities to cover the cost of the purchase and installation of water fluoridation equipment and continual operating costs. Respectfully Submitted, (Received via email) John MacKenzie Councillor -Ward 2 City of Saint John End Notes 15 Chief Medical Officer of Health, "Oral Health — More than Just Cavities: A Report by Ontario's Chief Medical Officer of Health," April 2012. 16 Health Canada, "Report on the Findings of the Oral Health Component of the Canadian Health Measures Survey 2007- 2009. 18 Ibid. 19 Wyatt and MacEntee, "Dental Caries in Chronically Disabled Elders." 22 Chief Medical Officer of Health, "Oral Health — More than Just Cavities." 23 Poul Erik Petersen and Stella Kwan, "Equity, Social Determinants and Public Health Programmes — the Case of Oral Health," Community Dentistry and Oral Epidemiology, 2011, 39:481 -487. l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wvwvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 47 REPORT TO COMMON COUNCIL M &C2014 -23 March 10, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Inspection Services 2014 BACKGROUND The City of Saint )ohn Common Council has approved the 2014 Water & Sewerage Utility Fund Capital Program consisting of 36 projects totaling $14,650,000 and the 2014 General Fund (Storm & Transportation) Capital Program consisting of 17 projects totaling $12,709,000. A portion of the projects in the 2014 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 13 "in- house" designed projects during the 2014 construction season. ANALYSIS In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to nine local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Six firms have submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. The six firms that replied were: • Crandall Engineering Ltd. • CBCL Limited • Dillon Consulting Limited • GEMTEC Limited • WSP Canada Inc. • Stantec Consulting Ltd. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff r,; M &C2014 -23 March 10, 2014 Page 2 averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $71 Intermediate Inspector - $80 Senior Inspector - $90 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All six engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the six consulting firms on a rotational basis. FINANCIAL IMPLICATIONS The total overall cost for engineering inspection services for 2014 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2014 to be approximately $430,000 plus 13% H. S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2014 Capital Program project budgets. INPUT FROM OTHER SOURCES The Request for Proposal document and this report have been reviewed with the City's Purchasing Department. RECOMMENDATION It is recommended that Common Council authorize staff to establish supply agreements with the six consulting firms noted above, at the hourly rates provided in this report totaling $430,000 plus HST for the provision of engineering inspection services for 2014 Capital Program projects. Respectfully submitted, Pierre LeBlanc, P.Eng. Municipal Engineer I C . f Wm. Edwards, P.Eng. Commissioner Transportation & Environment r,. Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2014 -021 March 4, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Borrowing Resolution BACKGROUND: = City of Saint John The Bank of Nova Scotia requires certain resolutions 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 April 3rd, 2013. At this time, there is a need to provide the bank with updated resolutions. ANALYSIS: The City has a $20,900,000 line of credit with the Bank of Nova Scotia. This amount represents $5,900,000 for general operating purposes and $15,000,000 for bridge financing on capital expenditures. The calculation of the line of credit for operating purposes is outlined in the Municipalities Act and is set at a maximum of 4% of the operating budget. Based on the City's 2014 operating budget the maximum the City could borrow for operating purposes is $5,950,000. It is proposed to seek approval from the bank to set the operating line of credit at $5,950,000. With respect to the bridge financing for capital expenditures, as a result of the magnitude of the City's capital programs, it is proposed to maintain the current credit level of $25,000,000. It is unlikely that actual borrowings will reach these combined levels, but there is no harm in having the credit limits in place as a precautionary measure. 50 M &C- 2014 -021 -2- March 4, 2014 RECOMMENDATIONS: It is recommended that for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on 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 five million nine hundred and fifty thousand dollars ($5,950,000) to meet current expenditures of the Corporation; 2. That any two of the Commissioner of Finance, Comptroller or Assistant 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 notes sealed with the corporate seal 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 the current year not yet collected or where the estimates for the year have not been 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 of 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 directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of 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 to a maximum of $25,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. That any two of the Commissioner of Finance, Comptroller or Assistant 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 notes sealed with the 51 M &C- 2014 -021 -3- March 4, 2014 corporate seal for the sum or sums so borrowed with 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 Corporation 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 Bank 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 submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CGA City Manager 52 Saint John Parking Commission Commission sur le stationnement de Saint John REPORT TO COMMON COUNCIL February 25, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC BY -LAW FINES 11th Floor, City Hall, 11 i6me Etage, H6tel do Ville P.O. Box 1971 / C.P. 1971 Saint John, N.S. /N. -B. E2L 4L1 Tel/ T61: (506) 658 -2897 Fax / T616copieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca The current fines for violations of the Traffic By -law were approved by Common Council on June 4, 2012. ANALYSIS After reviewing the wording of Section 26 of the Traffic By -law (amendment dated June 4, 2012), the Legal Department recommended further clarification of the fine structure for violations of the Traffic By -law, whereby the voluntary payments escalate based on two fifteen day periods, as outlined above. No changes to fine amounts are being recommended at this time; the current fines will remain in effect. The Legal Department has drafted the attached by -law amendment for Council's consideration. 53 www.saintjohn.ca 2 Report to Common Council Traffic By -law Amendment February 25, 2014 RECOMMENDATION It is the recommended that Common Council approve the attached amendment to Section 26 of the Traffic By -law. Respectfully juboitted, rd 1. 5tifi ral Manager John Parking Commission /vf Attachment 54 A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une r6union du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19'h day of December, A.D. 2005 (the `By- law "), is hereby amended as follows: Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6 < Arret6 relatif a la circulation dans les rues dans The City of Saint John 6dict6 conform6ment a la Loi sur les vehicules a moteur (1973) et les modifications aff6rentes », d6cr&6 le 19 d6cembre 2005 (<< Arrete »), est modifi6 comme suit: 1 Section 26 is repealed and replaced with the 1 L'article 26 est abrog6 et remplac6 par cc following: qui suit: 26(1) Subject to subsection 26(2), any person who violates a provision of this By- law is guilty of an offence and is liable upon summary conviction to a penalty of not less than sixty -five dollars and not to exceed ninety dollars. 26(1) Sous r6serve du paragraphe 26(2), toute personne qui contrevient a une des dispositions du pr6sent Arr&6 est coupable d'une infraction et passible sur condamnation sommaire d'une p6nalit6 minimale de soixante -cinq dollars et ne d6passant pas quatre - vingt -dix dollars. 26(2) Any person who violates paragraphs 26(2) Toute personne qui contrevient aux 5(4)(d), 5(4)(e), 5(4)(i), section 10, alin6as 5(4)(d), 5(4)(e), 5(4)(i), Particle 10, subsection 16(1) or section 19 of this By- le paragraphe 16(1) on Particle 19 du law is guilty of an offence and liable upon pr6sent Arr&6 est coupable d'une summary conviction to a penalty of not less infraction et passible sur condamnation than one hundred dollars and not more than sommaire d'une p6nalit6 d'un montant one hundred and twenty -five dollars. minimal de cent dollars et d'un montant maximal de cent vingt -cinq dollars. 26(3)(a) A person who violates any provision of this By -law, other than paragraphs 5(4)(d), 5(4)(e), 5(4)(i), section 10, subsection 16(1) and section 19, may pay to the City of Saint John within fifteen calendar days from the date of such violation a fixed penalty of thirty dollars, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 55 26(3)(a) Toute personae qui contrevient a une disposition du pr6sent Arret6, autres que celles pr6vues aux alin&as 5(4)(d), 5(4)(e), 5(4)(i), Particle 10, le paragraphe 16(1) et Particle 19, peut payer a City of Saint John dans un d6lai de quinze jours civils a compter de la date de ladite infraction, une p6nalit6 pr&vue de trente dollars, et une fois 1'amende payee, la personne n'est plus susceptible de poursuites judiciaires. 26(3)(b) A person who violates any provision of this By -law, other than paragraphs 5(4)(d), 5(4)(e), 5(4)(i), section 10, subsection 16(1) and section 19, may pay to the City of Saint John a fixed penalty of forty dollars if payment is made more than fifteen calendar days after the date of the violation but within thirty calendar days of such violation, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 26(3)(c) A person who violates any provision of this By -law, other than paragraphs 5(4)(d), 5(4)(e), 5(4)(i), section 10, subsection 16(1) and section 19, may pay to the City of Saint John a fixed penalty of sixty -five dollars if payment is made more than thirty calendar days after the date of such violation but before conviction in the Provincial Court of New Brunswick, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 26(3)(d) A person who violates paragraphs 5(4)(d), 5(4)(e), section 10, subsection 16(1) or section 19 may pay to the City of Saint John within fifteen calendar days from the date of such violation a fixed penalty of fifty dollars, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 26(3)(e) A person who violates paragraphs 5(4)(d), 5(4)(e), section 10, subsection 16(1) or section 19 may pay to the City of Saint John a fixed penalty of seventy- five dollars if payment is made more than fifteen calendar days after the date of such violation but within thirty calendar days of such violation, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 56 26(3)(b) Toute personne qui contrevient a une disposition du pr6sent Arret6, autres que celles pr6vues aux alin6as 5(4)(d), 5(4)(e), 5(4)(i), Particle 10, le paragraphe 16(1) et Particle 19, peut payer a City of Saint John une p6nalit6 pr6vue de quarante dollars si 1'amende est acquitt6e plus de quinze jours civils apr6s la date de l'infraction mais trente jours civils de ladite infraction, et une fois 1'amende payee, la personne n'est plus susceptible de poursuites judiciaires. 26(3)(c) Toute personne qui contrevient a une disposition du pr6sent Arret6, autres que celles pr6vues aux paragraphes 5(4)(d), 5(4)(e), 5(4)(i), Particle 10, le paragraphe 16(1) et Particle 19, peut payer a City of Saint John une p6nalit6 pr6vue de soixante- cinq dollars si 1'amende est acquitt6e plus de trente jours civils de la date de 1'infraction mais avant une d6claration de culpabilit6 a la Cour provinciale du Nouveau - Brunswick, et une fois 1'amende pay6e, la personne nest plus susceptible de poursuites judiciaires. 26(3)(d) Toute personne qui contrevient aux alin6as 5(4)(d), 5(4)(e), Particle 10, le paragraphe 16(1) et Particle 19, peut payer a City of Saint John, dans un d6lai de quinze jours civils a compter de la date de 1'infraction, une p6nalit6 pr6vue de cinquante dollars, et une fois 1'amende pay6e, la personne n'est plus susceptible de poursuites judiciaires. 26(3)(e) Toute personne qui contrevient aux alin6as 5(4)(d), 5(4)(e), Particle 10, le paragraphe 16(1) et Particle 19, peut payer A City of Saint John une p6nalit6 pr6vue de soixante - quinze dollars si 1'amende est acquitt6e plus de quinze jours civils apres la date de 1'infraction mais dans les trente jours civils de ladite infraction, et une fois 1'amende pay6e, la personne nest plus susceptible de poursuites judiciaires. 26(3)(f) A person who violates paragraphs 5(4)(d), 5(4)(e), section 10, subsection 16(1), or section 19 may pay to the City of Saint John a fixed penalty of one hundred dollars if payment is made more than thirty calendar days after the date of such violation but before conviction in the Provincial Court of New Brunswick, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 26(3)(g) A person who violates paragraph 5(4)(i) may pay to the City of Saint John within thirty calendar days from the date of such violation a fixed penalty of seventy - five dollars, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 26(3)(h) A person who violates paragraph 5(4)(i) may pay to the City of Saint John a fixed penalty of one hundred dollars if payment is made more than thirty calendar days after the date of such violation but before conviction in the Provincial Court of New Brunswick, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. 57 26(3)(f) Toute personne qui contrevient aux alin6as 5(4)(d), 5(4)(e), Particle 10, le paragraphe 16(1) et Particle 19, peut payer a City of Saint John une p6nalit6 pr6vue de cent dollars si 1'amende est acquitt6e plus de trente jours civils de la date de 1'infraction mais avant une d6claration de culpabilit6 a la Cour provinciale du Nouveau - Brunswick, et une fois 1'amende payee, la personne n'est plus susceptible de poursuites judiciaires. 26(3)(g) Toute personne qui contrevient a 1'alin6a 5(4)(i), peut payer a City of Saint John, dans un d6lai de trente jours civils a compter de la date de ladite infraction, une p6nalit6 pr6vue de soixante - quinze dollars, et une fois 1'amende payee, la personne West plus susceptible de poursuites judiciaires. 26(3)(h) Toute personne qui contrevient a 1'alin6a 5(4)(i) peut payer a City of Saint John une p6nalit6 pr6vue de cent dollars si 1'amende est acquitt6e plus de trente jours civils de la date de 1'infraction mais avant une d6claration de culpabilit6 a la Cour provinciale du Nouveau - Brunswick, et une fois 1'amende payee, la personne nest plus susceptible de poursuites judiciaires. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2014 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2014, avec les signatures suivantes : Mayor /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture - , New Brunswick 520 ruse King Street, HSBC Place x;820 ,✓^" Dental Satiety P.Q -Ic -P• Box 488, Station "A" Soci&6 Dentaire clu Fredericton, N.B. E3B4Z9 i Noweau- I311A' "wick Tef.: (506) 452 -8575 Fax: (506) 452 -18__ March 11, 2014 Dear Mayor Norton & Saint John Councillors, The New Brunswick Dental Society would like to request a reconsideration of your decision to remove fluoride from the Saint John community water supply for various reasons which are as follows: Firstly, we were under the assumption that last night's meeting was for information gathering only and that a vote on water fluoridation was not planned. We are aware that the normal protocol for Saint John council meetings is for a report and recommendation to be submitted to council members one week in advance of a vote on a particular issue. Therefore, we planned to supply supporting information to council members leading up to the actual vote. Secondly, we are aware that the mayor and council received an email letter yesterday morning from Dr. Hardy Limeback that was flawed with inaccuracies and may have influenced some council members to vote with a lack of accurate information on the subject. Furthermore, we planned to supply supporting information to challenge Dr. Limeback's claims in the time period leading up to the scheduled vote but we were unable to do that when the vote took place unexpectedly last night. This information includes a statement from Harvard University about the osteosarcoma concern and also a letter from an EPA member contradicting Dr. Limeback's research data. Lastly, we have heard comments from councillors at the December meeting and at last night's council meeting admitting that they are not doctors and that it is difficult to make a decision on such an important issue. We, as professionals, are trying to provide sound scientific advice so that you may reconsider and make more informed decisions on this crucial matter. There seems to be some confusion amongst some councillors with respect to the difference between the benefits of systemic and topical fluoride. We'd like to clarify this. Also, we received further economic data from the Chief Dental Officer of Canada that we'd like to share with council if given the opportunity. In closing, we'd like to reiterate that though there is a price to provide fluoride, it is important to think of the cost of the dental health issues that the citizens of Saint John will be faced with if fluoridation is discontinued. Thank you for your further consideration. Sincerely Yours, Dr. Jeff Clark NBDS President website: www.nbdental.com email: nbds @nb.aibn.com 59 Dear MAYOR and Council , City of Saint John We are very proud that we set the world record for the number of people planting flowers at the same time . We have sent you a plaque to commemorate this great feat. This pride can be seen in the faces of our children when they are growing and planting their marigolds. The Marigold Project includes all children , we use the various ways we learn — visual, hands on and audio, we use different forms of instruction, Universal Design and with the 8 multiple intelligences.We understand all children can learn and they learn in different ways The students learn step by step so they understand their learning and build on what they know — Formative Evaluation . The children and other citizens develop a strong sense of community, ownership and empowerment and this makes our community stronger .The Marigold Project was started right here at home and shows we have the power to make our lives better and that we do unique and fabulous things. We have planted over 3 million marigolds by tens of thousands of children with the help of supportive adults at over 50 sites on an annual basis All Children need supportive adults and encouragement in their lives. We are now into our 17`" year and our community and visitors love our marigolds . Children are like our community, we need to know and like ourselves and part of the way we do this is to know one's self, ones history, characteristics and to celebrate who we are[personally and in large community events 1.1 believe we are going through a cultural revival and the more we learn and celebrate ourselves the stronger and more positive we will be. The Marigold Project shows we have a lot to be proud of. Sincerely, Barry Ogden, Mary Snider, Greg Cutler and Marigold Committee City of Saint John, Leisure Services , 658 -2909 The Marigold Project,Growing Children and Marigolds www. marigolds, ca •1 CERTIFICATE The most people transplanting seedlings at multiple venues is 5,677 and was achieved by The Marigold Project (Canada) at 34 locations in Saint John, New Brunswick, Canada, on 6 June 2013 &a OFFICIALLY GUINNESS WORLD RECORDS L3 MiTED 2012. THIS CERTIFICATE ROES NOT NECESSARILY DENOTE AN ENTRY INTO ANY PRODUCTS DISTRIBUTED OR OWNED BY UIJINNESS WORLD RECORDS LIMITED AND MUST NOT BE REPRODUCED WITHOUT PRIOR WRITTEN PERMISSION OF GUINNESS WORLD RECORDS LIMITED GUINNESS RECORDS.COM 61 N MEMORANDUM OF AGREEMENT NO.7 Between The City of Saint John (the "Employer ") And Local 486, Canadian Union of Public Employees (the "Union ") SUBJECT: ELIGIBILITY FOR ADDITIONAL PAYMENT FOR THOSE IN THE POSITION OF ACCOUNTING SUPERVISOR (AS9) WHO ACHIEVE A RECOGNIZED ACCOUNTING DESIGNATION For the purposes of this Memorandum of Agreement, "Eligible Employee" is defined as follows: "Eligible Employee" means a member of the Union who: (1) occupies a position in the Employer's Finance Department identified as Accounting Supervisor 9 (AS9); (2) has or who goes on to achieve the recognized accounting designation of Certified General Accountant (, CGA") or Chartered Accountant ( "CA "), as the case may be, and (3) is (and at all material times remains) a registered member in good standing of the Certified General Accountants Association of New Brunswick or the New Brunswick Institute of Chartered Accountants, as the case may be. Notwithstanding the foregoing, any member of the Union who becomes an Accounting Supervisor 9 (AS9) in the Employer's Finance Department after July 1st, 2013 shall be ineligible to receive any payment under this Memorandum of Agreement, even should he or she possess at the time of hiring or go on to earn the recognized accounting designation of CGA or CA. An Eligible Employee shall receive an annual payment from the Employer of Three Thousand Dollars ($3,000.00), with such payment being made to the Eligible Employee as a lump sum (subject to any and all payroll deductions) during the last payment period for each calendar year (i.e. the payment for 2013 would be made during the last payment period of the 2013 calendar year). In any given year, should one either become or cease to be an Eligible Employee, having regard to the definition of Eligible Employee outlined above, he or she shall, in accordance with the following formula, receive a prorated payment pursuant to this Memorandum of Agreement only for those days of the calendar year during which he or she met the definition of Eligible Employee: # of days as Eligible Employee x $3,000.00 = Prorated Payment 365 For clarity, the date to be used for calculation purposes shall, insofar as it relates to the designation of CGA or CA, be the date of swearing in to the Certified General Accountants Association of New Brunswick or the New Brunswick Institute of Chartered Accountants, or the date upon which one ceases to be a registered member in good standing, as the case may be. Prior to any payment being made under this Memorandum of Agreement, it shall be the responsibility of the member of the Union in question to satisfy the Employer that he or she is an Eligible Employee, having 62 regard to the definition of Eligible Employee outlined above, by providing written confirmation that he or she was, during the relevant period, a registered member in good standing of the Certified General Accountants Association of New Brunswick or the New Brunswick Institute of Chartered Accountants, as the case may be. A letter from the Executive Director of the Certified General Accountants Association of New Brunswick or the New Brunswick Institute of Chartered Accountants, or a Certificate in Good Standing issued by either governing body, shall suffice for this purpose. Notwithstanding the generality of the foregoing, Mr. Kirk Simms shall be entitled to receive a retroactive lump sum payment pursuant to the terms of this Memorandum of Agreement for the period between the date of his swearing in as a member in good standing of the Certified General Accountants Association of New Brunswick, being [INSERT], and December 3151, 2012. The aforementioned retroactive lump sum payment shall be made to Mr. Simms within thirty (30) days of the execution of this Memorandum of Agreement. The lump sum payment for Mr. Simms for the 2013 calendar year shall be processed in accordance with the terms and conditions outlined in this Memorandum of Agreement. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed Signed, sealed and delivered by the City of Saint John on the day of _ 2013 The City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2013 Local 486, Canadian Union of Public Employees President Secretary am Cit}' Solicitors Offlce Bureau de Pavocat municipal Section 10.2(4)(f) and (g) March 7, 2014 Committee of the Whole of Common Council of The City of Saint John Mayor Norton and Committee Members: Re: Water Run Off and Fire /Service lanes At its meeting held on January 20, 2014, Common Council resolved to refer item 11.1 "Water Run Off of City Property" to the City Manager. Item 11.1 was a letter from Councillor Farren which we set out in its entirety: "A resident of our City has been having trouble with water running off of City owned property onto her property and flooding her basement and causing her to use vacation time to keep the water from destroying her furnace. She has been dealing with this for a few years now and is asking the City to help her." A preliminary examination of the circumstances led to the conclusion that the referral called for a legal opinion dealing with title to land and associated potential liability and this opinion has been prepared as a result. We are advised by Kevin Rice, Deputy Commissioner of Transportation and Environment Services, that the resident referred to in Councillor Farren's letter resides at 212 Sherbrooke Street. According to Mr. Rice, who met with the resident about this issue some time ago, water is running off a property located to the south of 212 Sherbrooke Street (that is a property located at 211 Montreal Avenue) across a fifteen foot lane and into the basement of 212 Sherbrooke Street. The fifteen foot wide lane between 212 Sherbrooke Street and 211 Montreal Avenue is commonly known as a "fire lane" or "service lane ". Such a lane in the City of Saint John is a lane having a width of fifteen feet :P4 2 ' Committee of the Whole March 7, 2014 more or less shown on any plan of subdivision filed in the Saint John County Registry Office prior to the coming into force of the Community Planning Act in the early 1960s, the intended use of which is not designated on the subdivision plan and the title to which has not been acquired by adjacent owners. 'The fire lane in question is shown on Plan of Fairville Plateau dated May, 1912 and filed in the Saint John County Registry Office as File 8 #63 and thus is a fire lane, or service lane. Lanes of this sort are found in various areas of the City. Title to these lands vested in the owner of the land at the time of subdivision and if ownership subsequently changed, would pass as it would for any other parcel of real property. The mere existence of such lanes does not operate to vest title to them in the City. More specifically the service or fire lane which lies between 212 Sherbrooke Street and 211 Montreal Avenue is not owned by the Citv. Mr. Kevin Rice advises that the City has not undertaken any activity upon the lane in question nor does the City have any infrastructure lying beneath its surface. Consequently it is my view at law that there is no reason to believe the City has any responsibility for the flooding occurring in the basement of the building at 212 Sherbrooke Street or for determining its cause. Respectfully Submitted, John L. Nugent City Solicitor "An Act to Amend An Act to Authorize The Qty of Saint John To Discontinue or Temporarily Close Up PublIcStreets Within The City of Saint John When Necessary, S.N.B. 1970 c. 62 K